['Toxic Substances Control Act - EPA']
['Toxic Substances - EPA', 'Toxic Subtances Control Act - EPA']
08/29/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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The Lead-Based Paint Exposure Reduction Act was added to TSCA in October 1992. It called on EPA to reduce environmental exposure to lead contamination and prevent the adverse health effects caused by it.
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
Scope
Most homes built before 1978 contain at least some lead-based paint. That’s a concern because when ingested, lead can cause serious health effects, especially in children. Lead can cause permanent brain damage, leading to behavioral and learning problems, lowered IQ, and hearing problems. Lead can interfere with growth and also cause anemia, seizures, coma, and even death.
Children and adults can be exposed to lead through the air, water, and soil. In older homes, lead-based paint easily crumbles or turns to dust when it is disturbed through actions such as opening and closing windows or doors or during renovation activities.
Lead is regulated under a variety of laws enforced by EPA, including the Toxic Substances Control Act (TSCA), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), the Clean Air Act (CAA), the Clean Water Act (CWA), the Safe Drinking Water Act (SDWA), the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The laws are designed to protect children and adults from the dangers of exposure to lead.
Regulatory citations
- 40 CFR 745 — Lead-Based Paint Poisoning Prevention in Certain Residential Structures
Key definitions
- Abatement: Any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to:
- The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and
- All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
- Specifically, abatement includes, but is not limited to:
- Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:
- Shall result in the permanent elimination of lead-based paint hazards; or
- Are designed to permanently eliminate lead-based paint hazards and are described in paragraphs (1) and (2) of this definition.
- Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals certified in accordance with 745.226, unless such projects are covered by paragraph (4) of this definition;
- Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless such projects are covered by paragraph (4) of this definition; or
- Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response to State or local abatement orders.
- Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:
- Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
- Accredited training program: A training program that has been accredited by EPA pursuant to 745.225 to provide training for individuals engaged in lead-based paint activities.
- Certified abatement worker: An individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to 745.226 to perform abatements.
- Certified firm: A company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to 745.226(f).
- Certified inspector: An individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to 745.226 to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
- Certified risk assessor: An individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to 745.226 to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
- Certified supervisor: An individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to 745.226 to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports.
- Chewable surface: An interior or exterior surface painted with lead-based paint that a young child can mouth or chew. A chewable surface is the same as an “accessible surface” as defined in 42 U.S.C. 4851b(2)). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.
- Child-occupied facility: A building, or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.
- Clearance levels: Values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.
- Component or building component: Specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners.
- Containment: A process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.
- Common area group: A group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.
- Concentration: The relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.
- Deteriorated paint: Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.
- Dripline: The area within 3 feet surrounding the perimeter of a building.
- Elevated blood lead level (EBL): An excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 mg/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 mg/dl in two consecutive tests taken 3 to 4 months apart.
- Encapsulant: A substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.
- Enclosure: The use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
- Firm: A company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization.
- Friction surface: An interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.
- HEPA vacuum: A vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particulates of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. HEPA vacuums must be operated and maintained in accordance with the manufacturer’s instructions.
- Impact surface: An interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.
- Inspection: A surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
- Interior window sill: The portion of the horizontal window ledge that protrudes into the interior of the room.
- Lead-based paint: Paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
- Lead-based paint activities: In the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in this subpart.
- Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Administrator pursuant to TSCA section 403.
- Lead-hazard screen: A limited risk assessment activity that involves limited paint and dust sampling as described in 745.227(c).
- Living area: Any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children’s bedrooms.
- Painted surface: A component surface covered in whole or in part with paint or other surface coatings.
- Pamphlet: The EPA pamphlet titled “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools” developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of State or local sources of information).
- Play area: An area of frequent soil contact by children of less than 6 years of age as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children’s possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.
- Renovation: The modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this Subpart. The term renovation does not include minor repair and maintenance activities.
- Renovator: An individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program.
- Residential building: A building containing one or more residential dwellings.
- Residential dwelling:
- A single-family dwelling, including attached structures such as porches and stoops; or
- A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.
- Risk assessment:
- An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and
- The provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
- Start date: The first day of any lead-based paint activities training course or lead-based paint abatement activity.
- Target housing: Any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.
- Training provider: Any organization or entity accredited under 745.225 to offer lead-based paint activities courses.
- Window trough: For a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window “well.”
- Wipe sample: A sample collected by wiping a representative surface of known area, as determined by ASTM E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques, or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, “Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.”
- Vertical containment: A vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but it may be used on any renovation.
- Wet mopping system: A device with a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.
- Work area: The area that the certified renovator establishes to contain the dust and debris generated by a renovation.
- 0-bedroom dwelling: Any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.
Summary of requirements
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 four main programs found in the EPA regulations at 40 CFR Part 745. These are:
- Residential hazard standards for lead in paint, dust, and soil (TSCA Section 403) (40 CFR 745 Subpart D) — This section sets standards for dangerous levels of lead in paint, dust, and soil. Section 403 simply establishes the standards so property owners, lead paint professionals, and government agencies can identify the lead hazards in residential paint, dust and soil. Under the 403 standards, lead is considered a hazard when it is present equal to or exceeding 10 micrograms of lead in dust per square foot of floors (µg/ft2), 100 µg/ft2 on interior window sills, and 400 parts per million of lead in bare soil in children’s play areas or 1,200 parts per million average for bare soil in the rest of the yard. In addition, paint in deteriorating condition, on a friction or impact surface (such as a windowsill), or on certain chewable surfaces is also defined as a hazard.
- Lead renovation, repair and painting program (RRP) rule (TSCA section 402(c)(3)) (40 CFR 745 Subpart E) — The Lead RRP rule requires renovation firms engaged in renovation activities in homes or child-occupied facilities built before 1978 to be trained and certified in lead-safe work practices to guard against lead contamination. The rule 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 child-occupied facilities. It covers a broad range of firms including renovators, carpenters, painters, electricians, plumbers, handymen, and more.
- Residential lead-based paint disclosure program (Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and TSCA section 16) (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 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 child-care facilities and school 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 (TSCA sections 402/404) (40 CFR 745 Subpart L) - This rule addresses lead removal, risk assessments, and inspections in homes and child-occupied facilities 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.”
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['Toxic Substances Control Act - EPA']
['Toxic Substances - EPA', 'Toxic Subtances Control Act - EPA']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.