New EPA Lead Rule In Effect

Effective March 31, 2008, the US EPA Administrator has signed into effect the “Lead; Renovation, Repair, and Painting Program” active rule (40 CFR Part 745).

Under section 402(c)(3) of the Toxic Substances Control Act (TSCA), the EPA is addressing leadbased paint hazards created by renovation, repair, and painting activities that disturb leadbased paint in target housing and child-occupied facilities.

The EPA defines ‘‘Target housing’’ (TSCA section 401) as: “any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any zero-bedroom dwelling.” Under this new rule, a child-occupied facility is defined as “a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, 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 visits last at least 6 hours, and the combined annual visits last at least 60 hours.”

You may be potentially affected by this action if you perform renovations of target housing or child-occupied facilities for compensation or dust sampling. Child-occupied facilities may be located in public or commercial buildings or in target housing.

Potentially affected entities may include, but are not limited to: building construction, specialty trade contractors, real estate, child day care services, elementary and secondary schools, other technical and trade schools, and engineering services and building inspection services.

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected.

This rule establishes requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping.

To learn more about this rule please visit Regulations.gov and search under docket number EPA–HQ–OPPT–2005–0049. Please visit the EPA’s lead program website for more information on lead issues; or call the National Lead Information Center at 1-800-424-LEAD.