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14 November 2024

EPA Finalizes Rule On Lead-Based Paint Dust Standards In Residential Housing And Childcare Facilities

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The U.S. Environmental Protection Agency (EPA) has issued new standards for lead-based paint dust in homes and childcare facilities built before 1978 to protect against childhood lead exposure.
United States Environment

The U.S. Environmental Protection Agency (EPA) has issued new standards for lead-based paint dust in homes and childcare facilities built before 1978 to protect against childhood lead exposure. EPA's new rule also strengthens federal requirements for certain property owners, lead-paint professionals and government agencies to identify and clean up lead paint and lead dust hazards in residential and childcare facilities.

Lead exposures have been linked to mental and physical developmental delays in children and increased blood pressure, heart disease, decreased kidney function, and cancers in adults. Residential use of lead-based paint was banned in 1978. However, EPA estimates that 31 million pre-1978 homes still contain lead paint and nearly four million of those structures house children under the age of six.

The final rule significantly lowers acceptable regulatory standards for lead levels in dust on interior floors, windowsills and window troughs. The new standards represent the lowest lead levels that EPA-accredited laboratories can quickly and reliably measure, in micrograms per square foot (µg/ft2):

Lead Dust Location

Old Standard (µg/ft2)

New Standard (µg/ft2)

Floors

10

5

Windowsills

100

40

Window Troughs

400

100

EPA's new rule impacts construction professionals who offer lead renovation, repair and painting (RRP) services or lead abatements, risk assessments and inspections in homes or child-care facilities built before 1978 and owners or purchasers of certain pre-1978 residential properties, preschools and childcare facilities.

Owners and operators of residential properties built before 1978:

  • Who receive federal funding or other assistance may be required to abate lead dust in their properties to comply with the new regulatory standards.
  • Must disclose any known lead-based paint hazards upon sale or lease of their properties. The new rule means that this disclosure must now include any readily detectable levels of lead in dust in those properties.

Construction professionals who engage in renovation, repair or painting activities involving lead-based paint must familiarize themselves with EPA's new requirements to ensure that they are operating in compliance and if certified, that their lead abatement certifications remain current.

The new standards take effect on December 29, 2024.

EPA is hosting a public webinar to present an overview of the final rule on Thursday, December 5 at 2:00 p.m. ET.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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