Lead Fact Sheet
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STATUS OF REGULATIONS MANDATED BY TITLE X
The Residential Lead-Based Paint Hazard Reduction Act of 1992
About three-quarters of the nation’s housing stock built before 1978 (64 million homes) contains some lead-based paint. Chips and dust from this paint can create a health hazard. Recent studies indicate that almost one million children have blood-lead levels above safe limits. To protect children from exposure to lead in paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
TITLE X REQUIREMENTS:
Under Title X, several federal agencies are developing a national lead program and supporting policies to prevent and reduce lead-based paint exposures and hazards. An overview of this important law by the Alliance to End Childhood Lead Poisoning entitled “Understanding Title X: A Practical Guide to the Residential Lead-Based Paint Hazard Reduction Act of 1992″ is available at http://www.aeclp.org
TRAINING AND CERTIFICATION INFORMATION:
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 target housing and child-occupied facilities.
You may download this final rule at www.epa.gov/lead/fr8699.pdf
Fact sheet available at www.epa.gov/opptintr/lead/fs8-15.pdf
Lead Fee Rule TSCA Section 402(a)(3)
This final rule published on June 9, 1999 established federal fees for EPA accreditation of training programs and EPA certification of individuals involved in lead-based paint activities.
This rule can be obtained at www.epa.gov/lead/fee6-9.pdf
EPA Forms, Applications, and Instructions to Apply for EPA Certification and Training Program Accreditation
Firms:
Application www.epa.gov/lead/firmapp2.pdf
Instructions www.epa.gov/lead/firms3.pdf
Individuals (worker, supervisor, risk assessor, inspector, project designer):
Application www.epa.gov/lead/indapp-2.pdf
Instructions www.epa.gov/lead/indivs3.pdf
Training Programs:
Application www.epa.gov/lead/accap.pdf
Instructions www.epa.gov/lead/accrinst.pdf
Fee Sheet:
EPA Certification Exams
To become EPA certified, individuals must take a third party exam offered at Sylvan Learning Centers. To obtain locations of local Sylvan Learning Centers, contact (800) 424-5323 or (800) 353-1719. Note: You must apply to EPA before you are eligible to take the EPA 3rd party exam. EPA will notify you when you may take the exam.
State Programs - TSCA Section 404
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 402 training and certification rule in all states and tribes without authorization.
To determine if a state has a lead program in place or has their lead program administered by EPA, check www.epa.gov/lead/authstatus.pdf.
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.
DISCLOSURE INFORMATION:
Disclosure Rule - Title X Section 1018
Disclosure of information concerning lead-based paint upon sale or lease of pre -1978 residential property is required as part of the Disclosure Rule. The final rule was published in the Federal Register on March 6, 1996.
This rule can be downloaded at www.epa.gov/opptintr/lead/fr06mr96.pdf
Interpretive guidance (April 1996) www.epa.gov/opptintir/lead/1018fin.pdf
Interpretive guidance (December 1996) www.epa.gov/opptintr/lead/igd.pdf
Interpretive guidance (August 2000) www.epa.gov/opptintr/lead/igrjm.pdf
A fact sheet is available at www.epa.gov/opptintr/lead/fs-discl.pdf
You may download the lead pamphlet Protect your Family from Lead In Your Home (required to be given to prospective buyers and tenants) at www.epa.gov/opptintr/lead/leadpdfe.pdf (English version) and www.epa.gov/opptintr/lead/leadpdfs.pdf (Spanish version).
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 at (800) 424-5323 or by accessing EPA’s website at www.epa.gov/lead/406b.pdf. The effective date of this rule was June 1, 1999. You may download the lead pamphlet Protect your Family from Lead In Your Home at www.epa.gov/opptintr/lead/leadpdfe.pdf (English version) and www.epa.gov/opptintr/lead/leadpdfs.pdf (Spanish version).
LEAD DISPOSAL ISSUES:
Residential Lead-Based Paint Waste is Household Waste
The EPA Office of Solid Waste has released a memo establishing that lead paint debris generated by contractors in residences is also household waste and excluded from RCRA Subtitle C hazardous waste regulations. This household waste exclusion under 40 CFR 261.4(b)(1) applies to either residents or contractors conducting lead-based paint activities in residences. A copy of this memo can be obtained at www.epa.gov/lead/hhwmemo-july00fnl.pdf.
Be sure to check your local jurisdiction for their interpretations on this memo.
LEAD STANDARDS:
Identification of Dangerous Levels of Lead
On January 5, 2001 EPA published Identification of Dangerous Levels of Lead - Toxic Substances Control Act (TSCA) Section 403. This final rule establishes new national standards to identify dangerous levels of lead in paint, dust and soil. A copy of this rule can be downloaded at www.epa.gov/lead/403_final.pdf
A fact sheet on this rule can be obtained at www.epa.gov/lead/903fs01.pdf
TRI Rule
On January 17, 2001, EPA issued a final rule under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) which lowers the Toxics Release Inventory (TRI) reporting thresholds for lead and lead compounds - particularly persistent, bioaccumulative, toxic chemicals in their communities. Persistent bioaccumulative toxic (PBT) chemicals are of concern not only because they are toxic, but also because they remain in the environment for long periods of time, are not readily destroyed, and build up or accumulate in body tissue. Lead and lead compounds are a particular concern because of their toxicity in children. Current reporting thresholds for facilities to report their lead and lead compound releases to the air, water and land unless they manufacture or process more than 25,000 pounds annually or use more than 10,000 pounds annually will be reduced to 100 pounds.
Further information is available at: www.epa.gov/tri/tri1045.pdf
Fact sheet available at: www.epa.gov/tri/leadoutreach.pdf
Press release available at: http://www.epa.gov/tri/leadpressrelease.pdf
HUD RULE FOR FEDERALLY OWNED OR ASSISTED PROPERTY
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 50146). The rule was to become effective one year after that date.
A copy of the final rule can be obtained at www.hud.gov/lea/1012_3final.pdf
A fact sheet is available at www.hud.gov/lea/1012fs.pdf
An interpretive guidance is available at www.hud.gov/lea.1012qa_2001.pdf
OSHA REGULATIONS
OSHA Lead in Construction Standard
The Occupational Safety Health and Safety Administration have developed a standard for all construction-related activities involving lead (including painters, carpenters, etc.).
A copy of the final regulation can be obtained at www.osha-slc.gov/OshStd_data/1926_0062.html
OSHA Lead in General Industry Standard
OSHA developed a standard for all workers involved in the general industry setting, such as factories.
A copy of the final regulation can be obtained at www.osha-slc.gov/OshStd_data/1910_1025.html
EPA PROPOSED RULES: (FOR INFORMATIONAL PURPOSES ONLY)
Check EPA’s website for status. EIA’s website will also be updated with changes as they are available.
Lead (Pb) Debris Disposal RuleEPA has developed a proposed rule concerning lead-based paint waste disposal standards under TSCA to allow architectural components containing lead-based paint to be disposed of in specified non-hazardous landfills without requiring a hazardous waste determination. The proposed rule excludes concentrated lead-based paint waste, debris from steel structures, and debris generated by homeowners who do work themselves (homeowner exclusion is now expanded to contractors working for homeowners).
Proposed Standards for Notification of Lead-Based Paint Abatement and Training
The Toxic Substances Control Act (TSCA) provides that regulations shall contain recordkeeping and reporting requirements necessary for effective implementation of regulations. In the proposed rule (66 Federal Register 7208, January 22, 2001), EPA seeks to establish reporting procedures which support the effort of 40 CFR part 745, subpart L to ensure that lead abatement professionals are trained and certified. The proposal includes procedures to notify the Agency; 1) prior to commencement of lead-based paint abatement activities, 2) prior to providing lead -based paint activities training courses, and 3) following completion of lead-based paint activities training courses. These requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections.
Sample Proposed Notification Forms are available at:
Abatement www.epa.gov/lead/abatement_activities.pdf
Pre-Training www.epa.gov/lead/pre-training.pdf
Post-Training www.epa.gov/lead/post-training.pdf
Renovation and Remodeling Rule -TSCA Section 402(c)
Renovation and remodeling guidelines for housing and public buildings construction before 1978 are available in the pamphlet, Reducing Lead Hazards When Remodeling Your Home, EPA #747-K-97-001. The revised edition dated September 1997 is available from NLIC at (800) 424-5323. A revised Spanish edition is also available. TSCA Section 402(c) directs EPA to revised the lead-based paint activities regulations (40 CFR Part 745 Subpart L) to include renovation or remodeling activities that create lead-based paint hazards. Renovation and Remodeling Studies were completed in March 1999 and comments were collected from persons engaged in remodeling and renovation, experts in lead health effects, and others. A proposed rule is expected to be published in 2001. You may download the pamphlet, Reducing Lead Hazards When Remodeling Your Home at www.epa.gov/lead/rrpamph.pdf.