United States
Environmental
Protection Agency
Office of Enforcement
and Compliance
Assurance (2201 A)
EPA 325-F-009-005
Enforcement Alert
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Volume 10, Number 4
Office of Civil Enforcement
January 2010
Compliance with New Federal
Lead-Based Paint Requirements
Renovators must comply with new certification, training,
pre-renovation notification and work practice standards
Are you a general contractor, renovation
contractor, property manager, painter, plumber,
carpenter, electrician? Are you paid to do work that
disturbs painted surfaces? Do you work in homes,
schools, day-care facilities or other buildings where
children are present? Were these buildings or any
houses, apartments and residences where you work
constructed before 1978, when lead-based paint was
still in use?
The new federal Lead-Based Paint Renovation,
Repair and Painting requirements may be applicable
to you. Now is the time to become an EPA-certified
renovator and follow the specific work practices that
prevent lead contamination.
The new requirements kick in starting in April
2010. Failure to comply with the new requirements
is a violation of the law: it can cause exposure
to lead and result in serious health consequences,
especially for young children. Penalties can be
significant.
The new requirements include notification
to property owners and occupants before work
begins of the potential hazards from lead-based
paint disturbed during the project, certification of
renovation companies, training and certification of
workers, implementation of work practice standards
for controlling lead-based paint dust, post-renovation
cleanup requirements and post-renovation cleaning
verification.
To assist you in understanding and complying
with the lead-based paint rules for renovations,
EPA has published the "Small Entity Compliance
Guide to Renovate Right." It presents simple steps
to follow to comply with EPA's lead program. The
Renovate Right compliance handbook is available
at www. epa.gov/lead/pubs/sbcomplianceguide.pdf
and from the National Lead Information Center at
800-424-5323.
The handbook provides more detailed
information on certifications, training, work
practice requirements, prohibited practices and
recordkeeping provisions than is included in this
Enforcement Alert. It also includes information on
certain exemptions to the Rules and other useful
information about the lead-based paint program.
Peeling Door Paint
http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/index.html
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Enforcement Alert
Where Lead-Based Paint is Found
Approximately three-quarters of the homes built
before 1978 contain some lead-based paint. It may
be on any surface, but is most commonly found on
exterior-painted surfaces, interior woodwork, doors,
and windows. The use of lead-based paint in housing
was banned in 1978 by the U.S. Consumer Product
Safety Commission.
When properly maintained and managed,
contaminated paint poses little risk, although friction
surfaces (windows and window sills, doors and door
frames, stairs and railings) are a concern. Lead-
based paint that peels or deteriorates is especially
risky. As a general rule, the older a home, the greater
the risk of lead-based paint. Exposure to lead may
occur through lead-based paint chips and flakes and
through the fine dust that clings to carpets, floors,
furniture, toys and other objects.
Dangers from Lead-Based Paint
Lead is a highly toxic metal. It is particularly
dangerous to children, whose growing bodies
absorb more of the metal and whose brains and
nervous systems are more sensitive to its damaging
effects. Even low levels of lead in children can
reduce IQ, cause learning disabilities and behavioral
problems, reduce attention span and retard physical
development.
Childhood lead poisoning is a major health
problem in this country. Young children are much
more likely to put their hands or objects in their
mouths that can have lead dust on them, or to eat
paint chips that contain lead.
Lead poisoning in adults can increase blood
pressure, cause irritability, poor muscle coordination,
and damage the kidneys, nerves and brain. Fetal
development can also be affected.
Deteriorating lead-based paint and lead
contaminated dust are primary sources of lead
exposure. Peeling, chipping, chalking or cracking
lead-based paint may all be hazardous, particularly
when found on surfaces that children can touch or
that get a lot of wear-and-tear, such as windows sills,
doors and door frames, stairs, railings and banisters.
People who sand, scrape, burn or otherwise disturb
lead-based paint are at risk from inhalation of lead
dust or fumes.
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Paint Peeling on a House
Activities Subject to the Lead-Based Paint
Requirements
In general, any activity that disturbs paint in
housing and child-occupied facilities built before
1978, including remodeling, repair, maintenance,
electrical work, plumbing, painting, carpentry and
window replacement, is subject to the requirements.
Most minor repair and maintenance activities
of less than six square feet per interior room of
20 square feet or exterior project are exempt from
the work practice requirements. However, this
exemption does not apply to window replacements,
demolitions or the use of prohibited practices.
Requirements Effective Now
Pre-renovation education and notification
requirements are now in effect. If you are a
contractor, property manager or someone who
performs renovations for compensation in pre-
1978 residential housing, before you start any work
you must distribute the lead information pamphlet
entitled "Renovate Right: Important Lead Hazard
Information for Families, Child Care Providers, and
Families." The pamphlet is available at www.epa.
gov/lead/pubs/renovaterightbrochure.pdf.
If the renovations are in pre-1978 facilities
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Enforcement Alert
occupied by children, you must first distribute the
"Renovate Right" pamphlet to the owner of the
building or the owner's representative.
If the work is in common areas of pre-1978 multi-
family housing or child-occupied facilities, you
must distribute pamphlets to tenants or parents or
guardians of children using these areas. In lieu of
distributing pamphlets, you must post informational
signs about the renovation or repair work. The
informational signs must be posted in a conspicuous
location, and describe the nature, location and dates
that you will be doing the work. A copy of the
pamphlet or information on how someone can get
the pamphlet free must be posted with the sign.
Compliance Schedule
Requirements effective now:
• Distribution of EPA's lead pamphlet for families, child
care providers and schools
• Post informational notices or signs
• Retention of records
• Training providers may apply for accreditation
• Accredited trainers may offer certification courses
As of October 2009:
• Renovation firms may apply to EPA for certification
As of April 2010
• Program fully effective: all requirements must be met
• Renovation businesses must be certified
• EPA will enforce all lead-based paint requirements
Certification and Training
All firms, regardless of number of employees,
must be certified. You can do this by applying to EPA
or to a state, if it has an EPA-authorized program,
and paying a fee. To apply, your firm must submit
to EPA a completed "Application for Firms" form,
signed by an authorized agent of the firm, and pay
the correct amount of fees. The form is available
from the National Lead Information Center at 800-
424-5323 or at www.epa.gov/lead/pubs/renovation.
html.
There must be at least one certified renovator
assigned with oversight authority over each job
where lead-based paint is disturbed.
Tobecomeacertified renovator, youmustcomplete
an EPA or authorized state-approved training course
conducted by an EPA or state-accredited training
provider. All workers must be trained on the work
practices they will be using during the renovation.
Renovation workers can be trained on-the-job
by a certified renovator to use prescribed lead-
safe work practices or they can become certified
renovators themselves. Certified renovators are
responsible for ensuring overall compliance with the
Lead-Based Paint Renovation, Repair and Painting
Program's requirements for lead-safe work practices
at renovations they are assigned.
Requirements of a Certified Renovator
A certified renovator must:
Use an EPA approved lead test kit when
testing for lead-based paint on painted surfaces
and components being disturbed;
• Provide on-the-job training to other workers
on the work practices they will be using, be
physically present at the job site when warning
signs are posted, while work-area containment is
being established and while work-area cleaning is
being performed;
• Regularly direct work being performed by
others to ensure compliance with work practice
standards, including containment requirements;
Be available on-site or by telephone
whenever renovations are being performed;
• Perform project cleaning verification;
• Have with them their initial and most recent
(i.e., refresher) course certificates; and
Prepare required records.
Information on obtaining training as a certified
renovator is available from the National Lead
Information Center at 800-424-5323.
Lead-Safe Work Practices
All renovators must use work-area containment to
prevent dust and debris from leaving the work area.
All objects must be removed from the work area
or covered to prevent contamination. All windows
January 2010
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Enforcement Alert
and doors must be closed and doors covered. Floors must be covered to
contain dust.
After renovation, all dust and debris must be collected and the walls
cleaned by vacuuming or wiping. After cleaning, a certified inspector,
risk assessor or dust sampling technician must verify the effectiveness of
the cleaning. The renovator must re-clean the work area until it meets the
applicable clearance standards. Cleaning verification is required to ensure
that the work area is adequately cleaned and ready for re-occupancy. When
cleanup standards are met, the renovator is done.
For exterior renovations, similar work practices must be followed. The
work practice standards are summarized in the "Small Entity Compliance
Guide."
Work practices specifically prohibited include open-flame burning using
heat guns at greater than 1,100 degrees Fahrenheit and the use of power
tools without the use of high-efficiency particulate air (HEPA) vacuums
to collect the dust.
Recordkeeping Requirements
All documents must be retained for at least three years following
completion of a regulated renovation, repair or painting activity. This
includes reports certifying that lead-based paint is not present, records
relating to the distribution of the lead pamphlet ("Renovate Right:
Important Lead Hazard Information for Families, Child Care Providers
and Schools"), any signed and dated statements from owner-occupants
that the requirements do not apply to their location, and documentation of
compliance with the Lead-Based Paint Renovation, Repair and Painting
Program rules.
Compliance Assistance
Additional information about the dangers from lead and lead-based
paint, the statutory and regulatory requirements of the lead-based paint
program, how to obtain copies of various forms, brochures and pamphlets
and how to receive training and certification is available at www.epa.
gov/lead or by calling the National Lead Information Center at 800-424-
5323. A compendium of lead information and links for contractors on
renovation, repair and painting can be found at www.epa.gov/lead/pubs/
renovation. htm#contractors
Disclaimer: This document attempts to clarify in plain language some EPA regulatory provisions.
Nothing in the Enforcement Alert revises or replaces any regulatory provisions in the cited part,
any other part of the Code of Federal Regulations, the Federal Register, or the Toxic Substances
Control Act. For more information go to: www.epa.gov/compliance
x>EPA
United States
Environmental Protection Agency
Office of Civil Enforcement
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Enforcement Alerts are published
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environmental enforcement issues, trends
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Director, Office of Civil Enforcemer
Adam M. Kushner
Editor, Office of Civil Enforcement:
Melissa Page Marshall
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Document Number: EPA 325-F-09-OI
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