EPA Requirements

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead- based paint, which can be harmful to adults and children.

To protect against this risk, in 2008 The Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting Rule. It requires that firms performing renovation, repair, and painting projects that disturb lead- based paint in pre-1978 homes, child care facilities and schools be certified  by EPA and that they use certified renovators who are trained by EPA- approved training providers to follow lead- safe work practices. Individuals become certified renovators by taking training courses from an EPA- approved training provider. Contractors must use lead- safe work practices and follow these three simple procedures:

    • Contain the work area.
    • Minimize dust.
    • Clean up thoroughly.

Some Related Information  Available:

  1. Read EPA’s Regulations on Residential Property Renovation at 40 CFR 745, Subpart E.
  2. Read about lead- hazard information for renovation, repair and painting activities in the EPA lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (10 pp, 7.0MB) | en español (PDF) (11 pp, 2.1MB)
  3. Read about how to comply with EPA’s rule in the EPA Small Entity Compliance Guide to Renovate Right (PDF) (32 pp, 5.5MB).
  4. Find additional EPA publications and brochures on lead- safe renovation, repair and painting and on lead poisoning prevention.

The rule requires that contractors performing renovation, repair and painting projects that disturb lead- based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (10 pp, 7.0MB). | en español (PDF) (11 pp, 2.1MB)

The rule affects paid renovators who work in pre-1978 housing and child-occupied facilities, including:

  • Renovation contractors
  • Maintenance workers in multi- family housing
  • Painters and other specialty trades

Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule generally does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior, but this does not include window replacement, demolition, or prohibited practices.

Read EPA’s Lead Renovation, Repair and Painting rule.

 

SUMMARY:

EPA is issuing a final rule under the authority of section 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead- based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child- occupied facilities. “Target housing” is defined in 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 0- bedroom dwelling. Under this rule, a child-occupied facility is 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. Child- occupied facilities may be located in public or commercial buildings or in target housing. 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 record keeping. 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.

DATES: This final rule is effective June 23, 2008.