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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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When testing a work area, does one lead test kit or paint chip sample suffice for any single component?
The certified renovator is only required to use one lead test kit or paint chip sample for each component, even if the surface of the component is extensive (e.g., a large wall). Question Number: 23002-23865 Find a printable PDF copy of all frequent questions pertaining to lead .
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Can a homeowner use an EPA-recognized lead test kit to check for lead-based paint?
Answer: A number of lead test kits are available for consumer purchase in most retail hardware stores; however, the Consumer Product Safety Commission (CPSC) states that consumers should exercise caution when using these lead test kits to evaluate consumer products for potential lead exposures. Find more information online . To…
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How can I obtain D-Lead® test kits?
The D-Lead® test kits are available for purchase from certain distributors and retail outlets. Locate a distributor or retailer online , email [email protected] or call 414-962-3006. Question Number: 23002-16390 Find a printable PDF copy of all frequent questions pertaining to lead .
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Is lead paint testing required under the Lead Renovation, Repair and Painting (RRP) Rule?
No. A firm can either assume lead-based paint is present and follow the requirements of the RRP Rule (which requires no testing), or test and if lead-based paint is found follow the requirements of the regulation. Question Number: 23002-32338 Find a printable PDF copy of all frequent questions pertaining to…
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Are permit applicants required to adopt the Promising Practices?
EPA is not requiring permit applicants to adopt the Promising Practices. Promising Practices are simply that: good ideas in the form of suggestions to permit applicants. Permit applicants may benefit from applying these Promising Practices. EPA hopes that when permit applicants practice early and meaningful dialogue with the community, they…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Does EPA Actions apply to permits that are jointly issued by EPA and a state, tribal, or local permitting authority with partially delegated permitting authority?
EPA regional offices will decide whether a permit that EPA jointly issues with a state, tribal, or local permitting authority should be considered for prioritization for enhanced outreach as described in EPA Actions on a case‐by‐case basis. EPA will take into account its role and authority in issuing the specific…
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Why doesn’t EPA do enhanced outreach for every permit?
Robust public outreach and engagement can consume a substantial amount of resources from all stakeholders in a permitting process and would not be warranted for every permit action. EPA recognizes that its regional offices cannot enhance engagement for every EPA‐issued permit and that overburdened communities might be overwhelmed with process…
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How will an EPA regional office determine whether a permitted activity may have significant public health or environmental impacts?
Permit applications provide information on the proposed project consistent with the requirements of particular statutes and regulations. EPA may also do its own assessment of the environmental and public health impacts of a proposed project, using modeling and monitoring data for example. Such information would inform an EPA regional office’s…
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How will EPA Actions apply to EPA‐permitted activities that may impact multiple EPA regions?
A permitted activity could potentially impact an area that straddles two or more EPA regions. The EPA region where the permitted activity is located usually has the lead for issuing the permit. EPA regions with the lead for issuing the permit routinely engage other regions impacted by the permitted activity…
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What lead test kits are recognized by EPA?
Answer: EPA recognizes three lead test kits for use in complying with the negative response criterion of the RRP rule. They are the Luxfer Magtech LeadCheck TM kit (for use on ferrous metal, plaster, drywall and wood), the State of Massachusetts kit (for use on drywall, plaster), and the D-Lead®…
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Does EPA recognize the Luxfer Magtech LeadCheckTM test kit for use on red paint?
Yes. EPA recognizes this lead test kit for use on any color paint as long as the lead test kit is used in accordance with the manufacturer’s instructions. Note: 3M has sold the formulation and trademarks related to the 3M™ LeadCheck™ test kits to Luxfer Magtech. EPA recognizes the LeadCheck™…
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Will EPA provide incentives to permit applicants who adopt Promising Practices, like an expedited permit process?
EPA is not providing incentives to permit applicants who adopt the Promising Practices, such as an expedited permit process. Nevertheless, permit applicants should be aware of the many benefits that can accrue to them if they adopt the Promising Practices to create a constructive dialogue with the community in which…
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If a certified renovator using an EPA-recognized lead test kit or paint chip sampling determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?
Where a certified renovator performs paint chip sampling or uses an EPA-recognized lead test kit following the lead test kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation…
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