Regulations & Rules Update
Lead-related regulations come from three main bodies, The US Department of Housing and Urban Development (HUD), The US Department of Labor's Occupational Safety and Health Administration (OSHA) and The US Environmental Protection Agency (EPA).
HUD's primary focus is federally owned and funded housing. OSHA's main focus is on worker safety while EPA regulates ecological and environmental conditions. In many instances, regulations from these organizations overlap.
The main goal of this web site -- and this page in particular -- is to help you understand these regulations by providing summaries of regulations, frequent updates, news and other information.
Please keep in mind that we are continuously updating. So, check back often.
|HUD's Final Lead-Safety Regulations Published
On September 15, 1999 the U.S. Department of Housing and Urban Development published its final regulation overhauling lead-safety requirements covering federal housing assistance and community development programs in the Federal Register (64 FR 50139-50231). These regulations spell out specific requirements for lead safety under HUD programs pursuant to sections 1012 and 1013 of Title X.
Copies of the regulations are available through the National Lead Information Center at 800-424-LEAD or HUD's website at www.hud.gov/lea. A summary of the regulations prepared by HUD is also available.
This regulation supersedes the patchwork of HUD's prior regulations related to lead-based paint and consolidates them in one place (24 CFR Part 35). The scope of this regulation is vast, encompassing virtually all HUD housing and community development programs, including federal property disposition, tenant-based and project-based housing assistance, federally funded rehabilitation, and mortgage insurance. For example, this regulation covers everything from Section 8 to CDBG, HOME, and public housing, as well as other federal agencies' housing programs. The only notable omission is HUD's FHA single-family mortgage insurance program.
A quick review indicates many significant changes from HUD's original proposed regulation published for comment in June 1996. Although specific requirements differ from program to program as required by Title X, the following general changes have shaped the overall thrust of the rule.
In many cases, the final regulation allows property owners the option of taking alternative approaches to meeting lead-safety requirements. For example, formal initial evaluations (i.e., a lead inspection or risk assessment) can be skipped in favor of instituting "standard treatments" followed by clearance testing.
The final regulation places much greater emphasis on the identification and correction of deteriorated paint. The de minimis exception for paint deterioration has been dropped (to require that all deteriorated paint that contains or may contain lead be corrected). "Paint stabilization" has been defined to include the repair of any physical defect in the substrate that is causing deterioration.
Much greater emphasis is placed on lead dust hazards and post-activity clearance testing. Safeguards to control, contain, and clean up lead dust apply to all rehabilitation and repainting work, and post-activity clearance testing is required universally. Dust lead clearance standards have been lowered to 40 (ug/sq.ft. on floors and 250 (ug/sq.ft. on window sills pending issuance of EPA's final Section 403 standards.
The regulation allows properly trained and credentialled "sampling technicians" to perform clearance testing in most cases. EPA is near finishing development of a one-day training course for the new sampling technician discipline. It is hoped that this new discipline with one day of relevant training will greatly expand the capacity for clearance testing beyond the current universe of risk assessors and lead inspectors.
This regulation's requirements take effect in one year (September 15, 2000), except for the ban on unsafe practices, which takes effect in 60 days (November 15, 1999).
(This summary was prepared by the Alliance to End Childhood Lead Poisoning)
To protect the public from exposure to lead in paint, dust, and soil, Congress passed The Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly called Title X.
Status of EPA Regulations Mandated by Title X
Title X is being phased in gradually over a decade. Section
1018 which deals with disclosure during residential property transfers
and rental agreements went into effect in 1996. Other parts of Title X
that deal with commercial and industrial buildings, and another section
that regulates steel structures, are still be written.
Substances Control Act (TSCA) Section 402 (a): Training and Certification
regulations will ensure that contractors and individuals engaged in lead-based
paint activities in pre-1978 housing and child care facilities are trained
and certified, training programs are accredited, and the standards are
set for performing lead-based paint activities. The final rule was published
in the Federal Register (40 CFR Part 745) August 29, 1996. A copy of the
rule and supporting documents is available from the National Lead Information
TSCA Section 402 (c): Renovation and remodeling guidelines for pre-1978 housing, public and commercial buildings are now available in Reducing Lead Hazards When Remodeling Your Home (English and Spanish). It may be obtained from the National Lead Information Center (1-800-424-5323). A study of the hazards potential of renovation and remodeling activities is currently under way.
TSCA Section 403: Regulations will identify lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil. Interim Guidance on Identification of Lead-Based Paint Hazards originally published July 14, 1994 was issued in the Federal Register of September 11, 1995. It can be obtained from the National Lead Information Center (1-800-424-5323).
TSCA Section 404 (d): A model state program which will ensure compliance with training and accreditation regulations and for a process of oversight of training providers. Grants may be awarded to states/Indian tribes to carry out EPA-authorized programs. A Federal program shall be carried out in states/Indian tribes which do not adopt the program. The rule implementing Sections 404 (d) and its companion Section 402 (a) were published in the Federal Register on August 29, 1996.
TSCA Section 405 (b): Protocols, criteria, and minimum performance standards for laboratory analysis of lead in paint, soil, and dust, as well as a laboratory accreditation program are to be established. The American Industrial Hygiene Association and the American Association of Laboratory Accreditation now serve as the accrediting organization in the lead program. A list of accredited laboratories can be obtained from National Lead Information Center (1-800-424-5323).
TSCA Section 406 (a) and (b): The Rule requiring that renovators and remodelers distribute the pamphlet Protect Your Family from Lead in Your Home was issued in FY 97.
Lead (Pb) Debris Disposal Rule: As a result of concerns expressed by various federal agencies, states and private sector groups about management of lead-based paint waste, EPA has committed to address these concerns. The Agency proposes to develop lead based paint waste disposal standards under TSCA.
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