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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.
Toxic Substances Control Act (TSCA). 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, 100 micrograms of lead in dust per square foot 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.”