Comment submitted by Robert D. Roe, Health Officer, Maplewood Health Department

Re: EPA-HQ-OPPT-2005-0049-0001 Lead; Renovation, Repair, and Painting Program Maplewood Township, NJ, enacted a municipal ordinance in 1996 to control dust from exterior house painting in order to prevent childhood lead poisoning. (attached) The ordinance has been very successful in achieving its goal. I am pleased that the Federal EPA is now proposing these rules and of course they are much more comprehensive than we could accomplish on a local level. I would like to comment on section D Renovation activities, paragraph 2b Containing the work area and iii Prohibited activities. Most house painters now use power equipment to remove exterior lead base paint as part of surface preparation for repainting. These shavers, grinders and sanders can generate a large amount of dust and chips. It is impossible that there will be "no visible dust" as required in 2b. However, if a HEPA vacuum syatem is used that produces a large airflow, this dust can be greatly minimized. I would propse that the rules state: "If power equipment is used to shave, grind or sand exterior lead base paint, then a HEPA vacuum system that generates an airflow of at least 180 cubic feet per minute is required. The length of the hose between the work attahment and the HEPA vacuum shall not exceed fifty feet. Y connectors that allow for two or more work attachments shall not be permitted. Hose connections shall be tight and vacuum equipment shall be kept in good working order. HEPA vacuum systems shall have a disposable bag collector to minimize dust exposure when the vacuum is emptied." I base these comments on the ten years of experience with controlling dust from exterior house painting in Maplewood Township and our local health department working with many contractors. Reduction of dust protects both residents and workers. HEPA vacuum equipment that produces an airflow of more than 180 cubic feet per minute is readily available and cost about $1,200. Smaller sized vacuums do not adequately capture dust. An exception for using a smaller sized vacuum could be made if the area sanded is small and the hose is short, but for large sized areas the larger units are needed. When these large units are used properly there is still some small amount of visible dust, but the health hazard is reduced to a minimal level. If the regulations are so stringent, i.e "no visible dust", that exterior house paint can not be removed by house painting workers, then people will opt to not do any painting and the exterior lead paint will continue to chip and produce lead hazards and poison children. It should be noted that almost every house that has exterior lead paint has lead contaminated soil near the house. Thus in post work sampling, the lead in soil found is not just from the most recent house painting work, but is dust that has been in the soil possibly for decades.