Lead
- Title IV of TSCA, along with other authorities in the Residential Lead-Based Paint Hazard Reduction Act of 1992, requires EPA to regulate lead-based paint hazards.
- There are five main programs found in the EPA regulations at 40 CFR 745.
Lead is a naturally occurring element found in small amounts in the earth’s crust. While it has some beneficial uses, it can be toxic to humans and animals, causing negative health effects. Lead can be found in all parts of our environment — air, soil, water, and even inside our homes.
Much of our exposure comes from human activities including the use of fossil fuels like previous use of leaded gasoline, some types of industrial facilities, and previous use of lead-based paint in homes. Lead and lead compounds have been used in a wide variety of products found in and around our homes, including paint, ceramics, pipes and plumbing materials, solders, gasoline, batteries, ammunition, and cosmetics.
Lead is particularly dangerous to children because their growing bodies absorb more lead than adults do and their brains and nervous systems are more sensitive to the damaging effects of lead, including behavior and learning problems, lower intelligence quotient (IQ), hyperactivity, slowed growth, hearing problems, and anemia.
Adults may be exposed to lead by eating and drinking food or water containing lead or from dishes or glasses that contain lead. They may also breath lead dust by spending time in areas where lead-based paint is deteriorating, and during renovation or repair work that disturbs painted surfaces in older homes and buildings. Working in a job or engaging in hobbies where lead is used, such as making stained glass, can increase exposure as can certain folk remedies containing lead.
Adults exposed to lead can suffer from cardiovascular effects, increased blood pressure, and incidence of hypertension; decreased kidney function; and reproductive problems (in both men and women).
TSCA actions related to lead
Title IV of the Toxic Substances Control Act (TSCA), along with other authorities in the Residential Lead-Based Paint Hazard Reduction Act of 1992, requires the Environmental Protection Agency (EPA) to regulate lead-based paint hazards. Five main programs are found in the EPA regulations at 40 CFR 745:
| Program | Related TSCA section | Related CFR | Description |
|---|---|---|---|
| Residential hazard standards for lead in paint, dust, and soil | 403 | 40 CFR 745 Subpart D | This program sets standards for dangerous levels of lead in paint, dust, and soil. |
| Lead renovation, repair, and painting (RRP) program | 402(c)(3) | 40 CFR 745 Subpart E | This program requires renovation firms engaged in renovation activities in homes or child-occupied facilities (COFs) built before 1978 to be trained and certified in lead-safe work practices to guard against lead contamination. The program requires contractors to provide information on lead safety prior to beginning any work. The RRP certification applies to all firms who may disturb paint in pre-1978 residences and COFs. It covers work practice standards, recordkeeping and reporting requirements, individual and firm certification, and enforcement for renovations done in target housing or COFs. It applies to a broad range of firms including renovators, carpenters, painters, electricians, plumbers, handymen, and more. |
| Residential lead-based paint disclosure program | 406* | 40 CFR 745 Subpart F | Buyers and renters of housing built before 1978 must receive certain information about lead and lead hazards in the residence before becoming obligated to buy or rent. Buyers must be given the opportunity to conduct an independent lead inspection. The disclosure program applies to sellers, agents, managers of rental properties, and landlords, requiring them to disclose any known information concerning potential lead-based paint hazards and available records. They must supply potential buyers and lessees with the lead hazard information pamphlet and must include specific language in the lease or contract related to lead. In addition, sellers must give buyers time to conduct a lead inspection. Most private housing, public housing, federally owned housing, and housing receiving federal assistance built prior to 1978 are covered by the rule. EPA’s lead pamphlet, “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools,” is required under Subpart F. Contractors must also provide a copy of the Renovate Right pamphlet to owners and occupants prior to starting work in pre-1978 housing. Contractors must also provide the pamphlet to owners and operators of COFs and schools built prior to 1978 and to parents and guardians of children under age six that attend. |
| Lead abatement program: Training and certification program for lead-based paint activities | 402 and 405 | 40 CFR 745 Subpart L | This program addresses lead removal, risk assessments, lead hazard screens, and inspections in target housing and COFs built before 1978, requiring contractors to be trained and certified in specific practices to ensure accuracy and safety. While EPA’s lead abatement program and the Lead RRP contain many of the same requirements, there are major differences. Lead abatement certification applies to firms who specifically want to work with lead-based paint. This includes abatement firms as well as risk assessment and inspection firms. Abatement is the intentional and permanent elimination of lead-based paint and lead-based paint hazards. According to EPA, “Those who remove lead-based paint simply as a consequence of doing other work do not need lead-based paint abatement certification.” |
| State and Indian tribal programs | 402 and 405 | 40 CFR 745 subpart Q | This program establishes the requirements that state or tribal programs must meet for authorization to administer the standards, regulations, or other requirements established under TSCA section 402 and/or section 406. |
* In addition to section 16 of TSCA, section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Public Law 102–550) is also an authorizing citation for this program. See the law as codified into the U.S. Code at 42 U.S.C. 4852d.