2.3 EPA Hazardous-Materials Rules: Lead-Safe Renovation, Asbestos & Radon
Key Takeaways
The EPA Renovation, Repair and Painting Rule applies to paid work that disturbs paint in housing and child-occupied facilities built before 1978.
Minor repair and maintenance exemption thresholds are 6 square feet of painted surface per room inside and 20 square feet outside, and window replacement never qualifies.
The firm must be certified and a certified renovator must direct the work, and the owner must receive the Renovate Right pamphlet no more than 60 days before work begins.
Exterior lead-safe containment typically covers the ground 10 feet beyond the work area and closes windows and doors within 20 feet, and open-flame burning and heat guns at 1,100°F or higher are prohibited.
A residential building with four or fewer dwelling units is generally outside the asbestos NESHAP notification rule, but MIOSHA's asbestos standard still protects workers, and EPA's radon action level is 4 pCi/L.
Why Roofers Must Know These Rules
PSI's Business and Law outline lists "EPA regulations for hazardous materials (asbestos, lead, radon)." These rules affect roofing jobs more than many roofers expect:
- Lead paint is common on fascia, soffits, rake boards, dormer siding, and trim on homes built before 1978. Removing drip edge or gutters, or replacing rotted fascia, disturbs it.
- Asbestos may be present in older roofing felts, flashing cements and mastics, and asbestos-cement ("transite") shingles and siding.
- Radon is a soil gas. It matters to builders because Michigan adopted the IRC's radon-control appendix, and because homeowners often ask about it.
LARA's lead-safety page for builders refers them to EPA's lead program and the National Lead Information Center (800-424-LEAD).
The Lead Renovation, Repair and Painting (RRP) Rule (40 CFR Part 745)
When It Applies
The RRP Rule covers compensated renovation, repair, and painting that disturbs painted surfaces in target housing (generally housing built before 1978) and in child-occupied facilities. It applies unless the paint is tested and found not to be lead-based paint, as the rule defines it.
The Minor Repair Exemption
Work is exempt as minor repair and maintenance only if it disturbs no more than:
| Location | Painted surface disturbed |
|---|---|
| Interior | 6 square feet or less per room |
| Exterior | 20 square feet or less |
The exemption never applies to window replacement, demolition of painted surface areas, or any use of the prohibited practices below. Replacing 60 feet of fascia on a 1950s home exceeds the exterior limit.
Certification and Pre-Renovation Education
- The firm must be certified by EPA.
- A certified renovator, trained in an accredited course, must be assigned to the job and direct the lead-safe work practices.
- Before starting, give the owner (and the occupants, for rentals) EPA's Renovate Right pamphlet no more than 60 days before work begins, and keep proof of delivery.
- Keep RRP records for 3 years after the job is completed.
Work Practices Outside the Home
- Contain the work area. Cover the ground with plastic sheeting extending 10 feet beyond the perimeter of the surfaces being worked on, or far enough to catch falling debris. Close windows and doors within 20 feet of the work. Use vertical containment when needed, such as near property lines or in wind.
- Prohibited practices. No open-flame burning or torching of painted surfaces. No heat guns operating at 1,100°F or higher. No machine sanding, grinding, planing, needle gun, abrasive blasting, or sandblasting unless the tool has a shroud and HEPA vacuum attachment.
- Clean up. Mist and fold the sheeting inward, bag the debris, and clean the area. A certified renovator verifies cleaning.
On a reroof, plan for this before tear-off. Lay the plastic, keep the dumpster chute inside the contained area, and bag painted debris separately from shingles.
Workers: MIOSHA Part 603
MIOSHA Construction Standard Part 603, Lead Exposure in Construction, protects employees. The action level is 30 µg/m³ and the permissible exposure limit is 50 µg/m³, both as 8-hour time-weighted averages. Exposure above these levels triggers requirements for air monitoring, respirators, hygiene facilities, and medical surveillance.
Asbestos
Where It Appears on Roofs
Older asphalt felts, roof coatings, flashing cements, and mastics may contain asbestos, as may rigid asbestos-cement shingles. Intact asphalt-based roofing is generally nonfriable. Cement shingles can become friable, meaning crumbly into dust, when broken, crushed, sawed, or ground. Test suspect materials before tear-off.
EPA's Asbestos NESHAP (40 CFR Part 61, Subpart M)
In Michigan, the Department of Environment, Great Lakes, and Energy (EGLE) administers the asbestos NESHAP. For covered facilities, the rule requires advance written notice (10 working days) before a renovation that disturbs regulated asbestos-containing material at or above 260 linear feet, 160 square feet, or 35 cubic feet, plus specific handling rules: wet the material, lower it carefully, and do not drop it. A residential building with four or fewer dwelling units is generally not a "facility" under the NESHAP. The exception is when it is part of a larger project, such as a group of homes being removed for a development.
Workers and Licensing
- MIOSHA Construction Standard Part 602 (Asbestos) adopts the federal construction asbestos standard (29 CFR 1926.1101) and applies to employees on any job, including single-family homes. Removing asbestos roofing or siding shingles is Class II work. The roofing rules require removing material intact where feasible, using wet methods for material that is not intact, and misting cutting machines. Removed material may not be dropped or thrown. It must be carried down by hand or lowered by a covered, dust-tight chute, crane, or hoist no later than the end of the shift. Rooftop air intakes must be isolated or shut down.
- Removing friable asbestos is asbestos abatement, which requires a contractor licensed under Michigan's asbestos abatement licensing law. MCL 339.2411(3) lets LARA suspend or revoke a builder or M&A license for a knowing violation of that law.
Radon
Radon is a colorless, odorless radioactive gas from uranium in soil. It enters homes through foundations and is a leading cause of lung cancer. EPA recommends fixing homes at or above 4 picocuries per liter (pCi/L). Rule R 408.30500 adopts IRC Appendix F (Radon Control Methods) as part of the Michigan Residential Code. Appendix F sets passive radon-resistant construction features for new homes in the high-radon-potential areas it designates, such as a gas-permeable base layer, a soil-gas retarder, and a vent pipe run through the roof. When a radon vent stack passes through the roof, the roofer must flash the penetration like any other pipe.
Quick Decision Path Before Tear-Off
- Is the home pre-1978, and will you disturb more than 20 square feet of exterior paint? If so, follow RRP.
- Are there suspect asbestos materials, such as cement shingles, old felts, or mastic? If so, test first. Keep the material intact and follow Part 602. Use a licensed abatement contractor for friable material.
- Is there a radon vent or other penetration? Flash it to the code and the manufacturer's instructions.
A roofer replacing fascia on a 1962 home will disturb about 45 square feet of exterior painted trim. How does the EPA RRP Rule apply?
It does not apply because the work is roofing, not painting
It applies because the exterior disturbance exceeds 20 square feet on pre-1978 target housing
It applies only if a child under 6 lives in the home
It applies only if the homeowner requests lead-safe work
No more than how many days before an RRP-covered job begins must the contractor give the homeowner the Renovate Right pamphlet?
10 days
30 days
60 days
90 days
A crew is removing asbestos-cement shingles from a single-family house. Which statement is accurate?
No asbestos rules apply because single-family homes are exempt from all asbestos regulation
The material may be broken up to fit the dumpster as long as the crew wears dust masks
The job requires 10 working days' NESHAP notice to EGLE regardless of size
MIOSHA's asbestos standard still protects the workers, so the material should be kept wet and intact rather than broken or dropped
Sections you finish are checked off in the contents.