R 011919Z MAR 10 ALCOAST 095/10 COMDTNOTE 6260 SUBJ: PROMULGATION OF NEW ENVIRONMENTAL PROTECTION AGENCY (EPA) RULE FOR LEAD-BASED PAINT RENOVATION, REPAIR, AND PAINTING AND APPLICATION OF THE RULE TO COAST GUARD LEAD-BASED PAINT RENOVATION WORK A. 40 CODE OF FEDERAL REGULATIONS (CFR) PART 745, SUBPART E AND PUBLISHED IN FEDERAL REGISTER VOL. 73, PP 21691-21769, 22 AUG 2008 B. COMDT (CG-1133) MEMO OF 29 JULY 2008, NOTAL C. COMDT (CG-0942) MEMO OF 23 MAY 2008, NOTAL D. SAFETY AND ENVIRONMENTAL HEALTH MANUAL, COMDTINST M5100.47 (SERIES) E. ASBESTOS, LEAD AND RADON IN COAST GUARD HOUSING, COMDTINST M6260.1 (SERIES) F. INFORMATION AND LIFE CYCLE MANAGEMENT MANUAL, COMDTINST M5212.12 (SERIES) 1. THE ENVIRONMENTAL PROTECTION AGENCY (EPA) PUBLISHED A FINAL RULE TO ADDRESS LEAD-BASED PAINT HAZARDS CREATED BY RENOVATION, REPAIR AND PAINTING ACTIVITIES THAT DISTURB LEAD-BASED PAINTS IN TARGET HOUSING AND CHILD OCCUPIED FACILITIES PER REF A. THE RULE IS DESIGNED TO PREVENT THE INTRODUCTION OF NEW LEAD HAZARDS CREATED BY RENOVATION. THE PURPOSE OF THE REGULATION IS TO ENSURE THAT: A. OWNERS AND OCCUPANTS OF TARGET HOUSING AND CHILD-OCCUPIED FACILITIES RECEIVE INFORMATION ON LEAD-BASED PAINT HAZARDS BEFORE RENOVATIONS BEGIN. B. INDIVIDUALS PERFORMING RENOVATIONS ARE PROPERLY TRAINED AND CERTIFIED. C. FIRMS PERFORMING THESE RENOVATIONS ARE CERTIFIED, AND D. LEAD-SAFE WORK PRACTICES ARE FOLLOWED DURING RENOVATIONS. 2. THE REGULATION ALSO UPDATED THE PRE-RENOVATION EDUCATION RULE. UNDER THIS NEW RULE, THE EPA DEVELOPED A NEW PAMPHLET TITLED RENOVATE RIGHT, WHICH PROVIDES IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS, AND SCHOOLS, HEREIN KNOWN AS RENOVATE RIGHT, WHICH IS AVAILABLE AT: HTTP://WWW.EPA.GOV/OPPTINTR/LEAD/PUBS/RENOVATION.HTM. NOTE: LOWER CASE TEXT MUST BE USED TO ACCESS SITE. 3. DEFINITIONS: A. PER REF. E, TARGET HOUSING IS COAST GUARD CONTROLLED HOUSING WHICH WAS CONSTRUCTED PRIOR TO 1981. B. RENOVATIONS INVOLVE ACTIVITIES DESIGNED TO MAINTAIN, OR MODIFY ALL OR PART OF A BUILDING. IT DOES NOT INCLUDE MINOR REPAIR AND MAINTENANCE ACTIVITIES OR ABATEMENT. ABATEMENT IS AN ACTIVITY INTENDED TO PERMANENTLY ELIMINATE EXISTING LEAD-BASED PAINT HAZARD. C. PER REF. A, MINOR REPAIR AND MAINTENANCE ACTIVITIES ARE DEFINED AS ACTIVITIES THAT DISTURB 6 SQUARE FEET OR LESS OF PAINTED SURFACES PER ROOM FOR INTERIOR ACTIVITIES, 20 SQUARE FEET OR LESS OF EXTERIOR ACTIVITIES, AND DOES NOT INVOLVE WINDOW REPLACEMENT. WHEN REMOVING PAINTED COMPONENTS, OR PORTIONS OF PAINTED SURFACES, THE ENTIRE SURFACE REMOVED IS THE AMOUNT OF PAINTED SURFACES DISTURBED. 4. PER REFERENCES A, B AND C, THE COAST GUARD IS NOT REQUIRED BY EPA TO BE CERTIFIED AS A FIRM UNLESS THE COAST GUARD ACTUALLY PERFORMS RENOVATIONS AS DEFINED ABOVE. 5. THE COAST GUARD, HOWEVER, MUST ENSURE THAT CONTRACTORS WHO PERFORM RENOVATIONS ARE EMPLOYEES OF AN EPA CERTIFIED FIRM, ARE PROPERLY CERTIFIED RENOVATORS, EMPLOY PROPERLY TRAINED AND CERTIFIED WORKERS AND SUPERVISORS, AND USE LEAD-SAFE WORK PRACTICES. LEAD-SAFE WORK PRACTICES INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: A. WORK-AREA CONTAINMENT. B. PROHIBITION OF OPEN-FLAME BURNING. C. THE USE OF POWER TOOLS WITH HEPA EXHAUST CONTROL, AND D. THOROUGH CLEAN UP FOLLOWED BY VERIFICATION OR CLEARANCE OF RENOVATED AREAS. 6. EFFECTIVE IMMEDIATELY, COAST GUARD HOUSING PERSONNEL SHALL: A. ENSURE THAT PERSONS OR FIRMS PERFORMING RENOVATIONS IN COAST GUARD CONTROLLED HOUSING OR CHILD DEVELOPMENT CENTERS (CDCS), PROVIDE A LEAD HAZARD EDUCATION PAMPHLET NO MORE THAN 60 DAYS BEFORE RENOVATION ACTIVITIES. B. OBTAIN A WRITTEN CONFIRMATION OF RECEIPT OF THE LEAD PAMPHLET OR A CERTIFICATE OF MAILING FROM THE POST OFFICE 7 DAYS PRIOR TO BEGINNING RENOVATION ACTIVITIES. C. FOR RENOVATIONS IN CHILD OCCUPIED FACILITIES OR COMMON ACCESS AREAS, INFORMATIONAL SIGNS MUST BE POSTED WHERE THEY WILL BE READILY VISIBLE DESCRIBING THE NATURE, LOCATIONS AND DATES OF RENOVATIONS, AND D. RETAIN ALL RENOVATION RECORDS IN ACCORDANCE WITH REF F. E. RENOVATORS OR FIRMS PERFORMING RENOVATIONS MUST USE THE NEW EPA-DEVELOPED PAMPHLET TITLED RENOVATE RIGHT. THE PAMPHLET IS DOWNLOADABLE AT: HTTP://WWW.EPA.GOV/OPPTINTR/LEAD/PUBS/RENOVATION.HTM. NOTE: LOWER CASE TEXT MUST BE USED TO ACCESS SITE. 7. EFFECTIVE APRIL 22, 2010: A. COAST GUARD CIVIL ENGINEERING UNITS SHALL ENSURE THAT HOUSING AND CDC RENOVATION PROJECTS ARE IN COMPLIANCE WITH REF. A. B. COAST GUARD HOUSING PERSONNEL SHALL ENSURE THAT PERSONS OR FIRMS PERFORMING RENOVATIONS IN COAST GUARD CONTROLLED HOUSING OR CDCS ARE CERTIFIED AND LEAD-SAFE WORK PRACTICES ARE FOLLOWED. 8. PRE-RENOVATION EDUCATION REQUIREMENTS DO NOT APPLY TO EMERGENCY RENOVATIONS. EMERGENCY ACTIVITIES ARE DEFINED AS ACTIVITIES THAT WERE NOT PLANNED AND IF NOT IMMEDIATELY ATTENDED TO PRESENT A SAFETY HAZARD OR THREATEN A PROPERTY AND/OR EQUIPMENT WITH SIGNIFICANT DAMAGE OR INTERIM CONTROLS PERFORMED IN RESPONSE TO AN ELEVATED BLOOD LEAD LEVEL IN A RESIDENT CHILD. 9. THE POLICY ESTABLISHED BY THIS ALCOAST WILL BE INCORPORATED IN NEXT REVISIONS OF REFERENCES D AND/OR E. 10. FOR HEADQUARTERS: CONTACT COMDT (CG-1133) FOR SAFETY POLICY CONCERNS: CAROLYN W. ONYE (202) 475-5214, COMDT (CG-0942) FOR LEGAL CONCERNS: MR. DALE MURAD (202) 372-3747, COMDT (CG-1223) FOR HOUSING CONCERNS: MR. EDWARD O. SCOTT (202) 475-5406 AND COMDT (CG-434) FOR CIVIL ENGINEERING POLICY CONCERNS: MR. WILLIAM G. LOGAN JR. (202)475-5635. 11. CONTACT COGNIZANT SAFETY AND ENVIRONMENTAL HEALTH OFFICERS FOR ALL OTHER CONCERNS. 12. RADM MARK J. TEDESCO, DIRECTOR, HEALTH, SAFETY AND WORKLIFE, SENDS. 13. INTERNET RELEASE AUTHORIZED.