Lead-Based Paint Legislation

The following summarizes several important regulations that affect lead-hazard reduction projects. Owners should be aware that regulations change and they have a responsibility to check state and local ordinances as well.

Federal Legislation

Title X (Ten) Residential Lead-Based Paint Hazard Reduction Act of 1992 is part of the Housing and Community Development Act of 1992 (Public Law 102-550). It established that HUD issue "The Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (1995) to outline risk assessments, interim controls, and abatement of lead-based paint hazards in housing. Title X calls for the reduction of lead in housing that is federally supported and outlines the federal responsibility towards its own residential units and the need for disclosure of lead in residences, even private residences, prior to sale.

Interim Final Regulations of Lead in Construction Standards (29CFR 1926.62). Issued by the Department of Labor, Occupational Safety and Health Administration (OSHA), these regulations address worker safety, training, and protective measures. It is based in part on environmental air sampling to determine the amount of lead dust generated by various activities.

Toxic Substance Control Act; Title IV. The Environment Protective Agency (EPA) has jurisdiction for setting standards for lead abatement. Also, EPA controls the handling and disposal of hazardous waste generated during an abatement project. EPA will develop standards to establish lead hazards, to certify abatement contractors, and to establish work practice standards for abatement activity. EPA Regional Offices can provide guidance on the appropriate regulatory agency for states within their region.

State Laws: States generally have the authority to regulate the removal and transportation of lead based paint and the generated waste generally through the appropriate state environmental and public health agencies. Most requirements are for mitigation in the case of a lead-poisoned child, or for protection of children, or for oversight to ensure the safe handling and disposal of lead waste. When undertaking a lead-based paint reduction program, it is important to determine which laws are in place that may affect your project. Call the appropriate officials.

Local Ordinances: Check with local health departments, Poison Control Centers, and offices of housing and community development to determine if there are laws that require compliance by building owners. Rarely are owners required to remove lead-based paint and most laws are to ensure safety if a project is undertaken as part of a larger rehabilitation. Special use permits may be required when an environmental impact may occur due to a cleaning treatment that could contaminate water or affect water treatment. Determine whether projects are considered abatements and will require special contractors and permits.

Owner's Responsibility: Owners are ultimately responsible for ensuring that hazardous waste is properly disposed of when it is generated on their own sites. Owners should check with their state office to determine if the abatement project requires a certified contractor. ( National certification requirements are not yet in place.) Owners should establish that the contractor is responsible for the safety of the crew and that all applicable laws are followed, and that transporters and disposers of hazardous waste have liability insurance as a protection for the owner. If an interim treatment is being used to reduce lead hazards, the owner should notify the contractor that lead-based paint is present and that it is the contractor's responsibility to follow appropriate work practices to protect workers and to complete a thorough clean-up to ensure that lead-laden dust is not present after the work is completed.