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Accidental releases from non-covered processes
Should the owner or operator include accidental releases from processes containing listed substances below the threshold quantity in the five-year accident history required under the hazard assessment provisions of 40 CFR Part 68, Subpart B, and in the incident investigation requirements under 40 CFR Part 68, Subparts C and D…
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Do I have to report accidents that resulted in medical treatment?
I had a release where several people were treated at the hospital and released; they attributed their symptoms to exposure. We do not believe that their symptoms were in fact the result of exposure to the released substance. Do we have to report these as offsite impacts? Yes, you should…
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Does the Renovation, Repair, and Painting (RRP) Rule apply to renovations done in an apartment between tenants? Does it matter if children live in other apartments in the building?
Answer: Temporarily unoccupied or vacant rental housing is not exempt from the requirements of the RRP Rule. Question Number: 23002-15669 Find a printable PDF copy of all frequent questions pertaining to lead .
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My firm is performing a renovation in an unoccupied home that will be put up for sale when work is done. Does the RRP Rule apply to this renovation?
Yes. Temporarily unoccupied or vacant housing is not exempt from the requirements of the Lead Renovation, Repair, and Painting (RRP) Rule . Question Number: 23002-19754 Find a printable PDF copy of all frequent questions pertaining to lead .
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What is the definition of "offsite property damage?"
I am working on the five-year accident history portion of the hazard assessment under the RMP. Section 68.42(a) tells me to include "all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage…
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When does the accident history's five-year period begin?
The hazard assessment requirements under 40 CFR Part 68, Subpart B include provision of a five-year accident history, as specified at §68.42. When does the five-year period to be reported in the accident history begin? The five-year accident history must include information on all accidental releases from covered processes meeting…
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What is the definition of injury?
Under the hazard assessment requirements of 40 CFR Part 68, Subpart B, an owner or operator must document a five-year accident history including all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property…
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Do Program Level 1 processes need to do five-year accident histories?
What is the relationship between the accident history criteria for Program 1 and the five-year accident history? If my process is eligible for Program 1, do I still need to do a five-year accident history? The five-year accident history is an information collection requirement that is designed to provide data…
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Does the Renovation, Repair, and Painting (RRP) Rule apply where no paint at all is present, such as in a 100 year old unfinished basement?
No. The RRP Rule applies to activities that result in the disturbance of painted surfaces. Where there is no paint to disturb, the RRP Rule does not apply. Question Number: 23002-15696 Find a printable PDF copy of all frequent questions pertaining to lead .
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Does the RRP Rule apply to federal employees performing work on federal facilities?
Yes. Federal agencies and their employees must comply with all Federal, State, interstate, and local requirements, both substantive and procedural, respecting lead-based paint in the same manner and to the same extent as any non-governmental entity. In addition, the RRP Rule requires all renovations performed after April 22, 2010, to…
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Does the RRP rule apply to simple painting activities that occur when rental properties turn over? Approximately half of the rental units in the country get new tenants each year. This means a large number of properties are being repeated.
If there is no surface preparation that disturbs the existing paint prior to painting, the RRP Rule does not apply. If you disturb paint by scraping or sanding while preparing the surface, the RRP Rule applies. Question Number: 23002-15692 Find a printable PDF copy of all frequent questions pertaining to…
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Does the RRP Rule apply to office buildings, stores, and other commercial buildings?
No, unless the renovation is taking place in a child-occupied facility that is located in a commercial building. “Child-occupied facility’’ means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within…
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My firm repairs windows by removing and replacing the sash. We may disturb paint on the hinges and screws, but do not otherwise disturb a painted surface. Is this work subject to the Lead Renovation, Repair and Painting (RRP) Rule?
Replacement of a window sash by simply unscrewing hinges or releasing it from a jambliner does not constitute "window replacement" for purposes of the RRP Rule . Therefore, such tasks may fit within the definition of minor repair and maintenance i.e., activities that disturb six square feet or less of…
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Five-Year Accident History for Non-Gas Releases
Pursuant to 40 CFR §68.42(a), the owner or operator of a stationary source subject to the risk management program regulations must document significant accidental releases of regulated substances from a covered process in the five years prior to the submission of an initial or updated risk management plan (RMP). For…
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What level of off-site property damage triggers five-year accident history reporting?
What level of off-site property damage triggers reporting? Any level of known offsite property damage triggers inclusion of the accident in the five-year accident history. You are not required to conduct a survey to determine if such damage occurred, but if you know, or could reasonably be expected to know…
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