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Displaying 16 - 30 of 34 results
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My firm performs renovations in large apartment complexes that often consist of several separate buildings. If a renovation is to be performed in a common area in one building, are we required to provide pre-renovation education to all tenants in all buildings?
When renovations are to be performed in common areas of multi-unit target housing, the RRP Rule requires that the firm notify in writing both the owner of the building and each “affected unit.” See 745.84(b)(1) and (2). Common areas are those portions of a property generally accessible to residents/users, and…
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When a home or an apartment unit is repainted in preparation for a new tenant, is the painting activity always considered a “renovation” for purposes of the pre-renovation education requirements even if no surface preparation activity is performed prior to painting?
Answer: No. The primary determinant of whether a given activity constitutes a “renovation” under the RRP Rule is whether that activity disturbs a painted surface. The practice of recoating painted surfaces in preparation for new tenants would not constitute “renovation” unless accompanied by activities that disturb the painted surface and…
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Entering Alternative Storage Types and Pressure and Temperature Conditions on Tier II Form
EPA provides a list of storage types and conditions for pressure and temperature in the instructions for the paper Tier II form and as dropdown menus in Tier2 Submit. Are facilities required to use the storage types and conditions that EPA provides, or can facilities provide different values? Facilities are…
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Attaching Site Plan Using Tier2 Submit
Tier2 Submit does allow a user to attach and submit a site plan with the Tier II inventory information. However, before using Tier2 Submit to submit a site plan, the facility should check with the relevant State or Tribal Emergency Response Commission ( SERC or TERC ) and/or their state…
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Range Code or Specific Weight for Maximum Amount and Average Daily Amount on Tier II Form
When submitting Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 Tier II reports, does the owner or operator of the facility need to enter a specific weight in pounds for the maximum amount and the average daily amount of a certain hazardous chemical present at the facility, or should…
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How can a firm comply with the pre-renovation education requirements if the owner desires that the renovation begin immediately?
Answer: If the renovation is taking place in an owner-occupied dwelling unit, a firm must simply provide the owner with a copy of the pamphlet, and either (1) obtain, from the owner, a written acknowledgement that the owner has received the pamphlet, or (2) obtain a certificate of mailing at…
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If a renovation is to be performed on a private balcony of a single unit in a multi-unit target housing building, does that activity trigger the common area notification requirements?
A determination of whether the balcony renovation falls within a common area depends upon the scope of the renovation activity. A common area is a portion of a building that is generally accessible to all residents/users. Thus, if the work area established to contain dust and debris from the renovation…
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Is an electronic version of the lead information pamphlet sent to the customer via e-mail an acceptable means of distributing the information?
The distribution of the lead information pamphlet (40 CFR § 745.83) via e-mail is an acceptable means of distributing the pamphlet as long as the requirements of the Electronic Signatures in Global and National Commerce Act ("Act") (15 U.S.C. § 7001 et seq.) are met. The Act requires that the…
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What are the pre-renovation education requirements for a vacant apartment?
Firms performing renovations must provide pre-renovation education to the owner of the unit and to an adult occupant. If the unit is not occupied, providing pre-renovation education to the owner of the unit is sufficient. EPA has prepared a document with additional information . Question Number: 23002-21374 Find a printable…
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Does a renovator need to attempt personal delivery of the lead information pamphlet to a tenant more than one time before utilizing the “self-certification of pamphlet delivery” option?
Answer: Personal delivery of the lead information pamphlet is preferable, wherever possible, because EPA believes that tenants will be more likely to read the information if it is handed directly to them. It also affords tenants an opportunity to raise concerns and ask questions about the renovation. EPA recognizes, however…
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The RRP Rule requires delivery of the “Renovate Right” pamphlet to the owner and occupants of target housing. My firm was hired to perform a renovation in a pre-1978 apartment building. Is delivery of the pamphlet to the property manager sufficient for purposes of delivery to the owner of the building?
Answer: Yes. Property managers are acting in the capacity of agents for the building owners. For this reason, a property manager may receive, and acknowledge receipt of, the lead hazard pamphlet on behalf of the owner. In situations where property managers or their employees are performing the renovations themselves, they…
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Tier2 Submit validation error due to incorrect CAS number
What do I do if I get a validation error in Tier2 Submit due to an incorrect Chemical Abstracts Service (CAS) number? Your CAS number should be typed exactly as it appears on the substance's SDS. Review your safety data sheet (SDS) to see if the CAS number was typed…
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Completing Tier II Forms When Information Has Not Changed
Pursuant to 40 CFR 370.42(c) and (r) , an owner or operator submitting federal Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory information must indicate if the facility or chemical information is identical to that submitted last year. If the facility or chemical information is the same as…
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I am removing aluminum siding from a pre-1978 home. The aluminum siding was nailed over the top of painted wood siding that tested positive for lead. The underlying painted surface is greater than twenty square feet. Must I comply with the Rule when removing the aluminum siding?
Answer: The work practices for exterior projects are based on a performance standard – if the activity disturbs a painted surface (generally, by creating paint chips or dust) in excess of 20 square feet, the work area must be contained so that dust or debris does not leave the work…
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Can notices for multi-family housing common area renovations be delivered to the mailboxes of dwelling units, or only to the actual units themselves?
Answer: Should a firm decide to comply with the pre-renovation education requirements by hand delivering or mailing “Renovate Right” pamphlets and notices, they may do so either through delivery of the notices directly to tenant units or through delivery to tenant mailboxes. If mailbox delivery is used, both hand delivery…
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