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Region 9 Status of EPA Regulations Mandated by Title 10
The Residential Lead-Based Paint Hazard Reduction Act of 1992
Final Lead Regulations
New Final Lead Regulation
On April 22, 2008, the final Renovation, Repair, and Painting (RR&P) rule in Section 402 (c) (3) of the Toxics Substance Control Act (TSCA) was published in the Federal Register. The rule addresses lead–based pain hazards created by renovation, repair, and painting activities that disturb lead–based paint in target housing, i.e., in housing built before 1978 and in child–occupied facilities. The rule establishes requirements for training and certifying renovators, other renovation workers, and dust–sampling technicians; for accrediting providers of renovation and dust–sampling technician training; for renovation work practices; and for recordkeeping. Interested states, territories, and Indian Tribes may apply for and receive authorization to administer and enforce all of the elements of these new renovation requirements. For further information, see www.epa.gov/lead (Rules & Regulations) or call (415) 947–4164.
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Notification Requirements for Lead–Based Paint Abatement Activities and Training
Notification Requirements for Lead-Based Paint Abatement Activities and Training (Federal Register: April 8, 2004 (Vol. 69, No. 68) Rules and Regulations - This final rule establishes the procedures that must be used to provide notification to EPA prior to the commencement of lead-based paint abatement activities. The rule also establishes provisions that require accredited training programs to notify EPA under the following conditions: prior to providing initial or refresher lead-based paint activities training courses; and following completion of lead-based paint activities training courses. These notification requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track lead-based paint abatement and training activities, and to prioritize compliance inspections. This final rule is effective on May 10, 2004. For further information see: www.epa.gov/lead (Rules & Regulations) or call (415) 947-4164.
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Identification of Dangerous Levels of Lead - TSCA Section 403
The final rule, published January 5, 2001, establishes national standards to identify dangerous levels of lead in paint, dust, and soil. The standards are more protective than previous EPA guidance and provide home owners, school and playground administrators, childcare providers, and others with standards to protect children from hazards posed by lead. See the complete rule or call NLIC for a copy of the rule and a fact sheet.
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Certification of Individuals and Firms and Use of Work Practice Standards
Effective March 1, 2000, individuals and firms conducting lead-based paint activities in target housing and child-occupied facilities must be trained and certified. For more information see EPA's Web site at Lead in Paint, Dust, and Soil.
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State Programs
TSCA Section 404 directed EPA to develop a program that would allow states and tribes to develop their own lead-based paint training and certification programs to operate in lieu of the Federal program (402). On August 29, 1998, EPA began administering the Section 402 training and certification rule in all states and tribes lacking authorization. California is authorized to conduct its own training and certification program. For California information call (510) 622-5600 or go to California Childhood Lead Poisoning Prevention Branch.
"Hawaii is also authorized to conduct its own training and certification program. For Hawaii information call (808) 586-5800." In The Pacific Southwest Region EPA is administering training and certification programs in Arizona, Hawaii, Nevada, Pacific Islands and for non-authorized Tribes. For information about training and certification in those states, call (415) 947-4174. To obtain the location of the third party exam at Sylvan Learning Centers, contact (800) 424-5323 or (800) 353-1719. In addition, a local Sylvan Center can be located through the telephone directory and contacted directly.
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Hazard Education Before Renovation - TSCA 406(a) and (b)
The final rule requires that renovators and remodelers distribute the pamphlet Protect Your Family From Lead in Your Home before beginning renovations. This is the same pamphlet required by the lead Disclosure Rule. The final rule was published on June 1, 1998 (63 Federal Register 29908). Information and copies are available from NLIC or access Lead in Paint, Dust, and Soil. The effective date of the rule was June 1, 1999. Interpretive guidance documents are available from NLIC or on our Web site at Lead in Paint, Dust, and Soil.
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Lead-Based Paint Training and Certification Program - TSCA Section 402
TSCA Section 402 directed EPA to develop regulations to establish a national training and certification program for lead-based paint professionals working in residential housing, public and commercial buildings, and steel structures. In August 1996, EPA issued a final rule only for lead-based paint professionals working in housing built before 1978 and child care centers. The final rule was published in the Federal Register, Vol. 61, No. 169, dated August 29, 1996. A copy of the rule and supporting documents is available from NLIC. Interpretive guidance concerning this rule is enclosed. EPA is now developing a similar regulation for steel structures and public and commercial buildings. (See Bridges & Structures - 402(a) on p.3)
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Disclosure Rule - Title X Section 1018 - Disclosure of information concerning lead-based paint upon sale or lease of pre-1978 residential property
The final rule was published in the Federal Register, Vol. 61, No. 45 dated March 6, 1996. The final rule; the pamphlet, Protect Your Family From Lead in Your Home, EPA #747-K-99-001 (English & Spanish); and background materials can be obtained from the National Lead Information Center (NLIC) at (800) 424-5323. Bulk quantities of the pamphlet can be ordered from the Government Printing Office at 202-512-1800. A reproducible black & white copy of the pamphlet is available at no cost by calling EPA's Pacific Southwest Regional Office at (415) 947-4164. Enforcement of Section 1018 by EPA and HUD began Sept. 6, 1997.
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Lead-Based Paint Debris Disposal Memorandum
EPA Office of Solid Waste released a memorandum dated July 31, 2000, establishing that lead paint debris generated by contractors in residences is household waste and thus excluded from the RCRA Subtitle C hazardous waste regulations. Thus, the household exclusion under 40 CFR 261.4(b)(1) applies to either residents or contractors conducting lead-based paint activities in residences. The exclusion does not apply in California, under California law. For more information see EPA's Web site at Lead in Paint, Dust, and Soil.
EPA encourages everyone who handles lead-based paint debris to follow several common sense measures:
- Collect paint chips, dust, dirt, and rubble in plastic trash bags for disposal.
- Store larger lead-based paint building parts in containers until ready for disposal.
- If possible, use a covered mobile dumpster to store lead-based paint debris until the job is done.
- Contact local solid waste authorities to determine where and how lead-based paint debris can be disposed of.
The Toxic Substances Control Act (TSCA) contains training and certification requirements that contractors also should learn and follow. These requirements are under TSCA 402/404, and can be found at Lead: Abatement Training and Certification. Note also that the U.S. Department of Housing and Urban Development (HUD) established guidelines 
for contractors performing lead-based paint remediation.
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Laboratories - TSCA Section 405(b)
The American Industrial Hygiene Association and the American Association of Laboratory Accreditation serve as the accrediting organizations for laboratory analysis of lead in paint, soil, and dust. Under work practice standards of Section 402, all paint chip, dust, or soil samples collected while conducting lead-based paint activities in target housing and child-occupied facilities must be analyzed by a laboratory recognized by EPA in Section 405(b). A list of accredited laboratories can be obtained from NLIC.
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HUD Sections 1012 and 1013 - Federally-Owned/Assisted Housing Rule
HUD has issued regulations governing federally-owned residential properties that are to be sold and housing receiving federal assistance. The regulations were published in the Federal Register on September 15, 1999 (64 FR 50140). Information on HUD publications, regulations, or other HUD issues is available through the HUD Lead Office Homepage or by calling the HUD User Hotline at (800) 245-2691.
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