B. Federal Lead-Based Paint Enforcement Bench Book - National ...

2. National Commitment to Eliminate Lead-Based Paint Hazards
In 2000, the U.S. Environmental Protection Agency (EPA), U.S. Department of Housing and Urban
Development (HUD), U.S. Department of Justice (DOJ), U.S. Centers for Disease Control and Prevention
(CDC), and other federal entities 23 were signatories to two national goals to be achieved by 2010:
• “Eliminate lead paint hazards in housing where children under six live,” through “enforcement of lead
safety laws and regulations” and other means; and
• Eliminate EBLLs in children through increased blood lead screening, and inter-governmental
coordination on education, technical assistance, and data collection on lead screening and abatement. 24
Even after 2010, continuing effort will be required to prevent lead poisoning, since LBP will be present in
millions of properties for the foreseeable future.
This bench book aims primarily to promote attainment of the first “2010 Goal”: the elimination of LBP
hazards through enforcement. Furthermore, achieving the first goal advances the second, the elimination of
EBLLs, since most lead poisonings are associated with LBP hazards.
3. Federal Response to Lead-Based Paint Hazards
Given the deleterious effects and preventability of lead poisoning, it seems unconscionable for society to
abide the continuing existence of LBP in locations that young children occupy and visit. Generally,
however, it is viewed as impracticable to demand that property owners eliminate all LBP from the 38 million
pre-1978 dwellings in the nation. Many of these dwellings are old and located in low-income communities.
The cost of removing all LBP from such properties often would exceed the value of the properties
themselves. Consequently, requiring property owners to remove all LBP could precipitate unintentional
adverse impacts, such as refusal to lease to families with young children, abandonment of low profitgenerating
properties, and a reduction in the availability of affordable housing. Federal law generally does
not require LBP removal; rather, it establishes disclosure obligations and performance standards for activities
that disturb LBP.
Congress has enacted or authorized an array of legal authorities pertaining to LBP and LBP hazards in
housing (and other structures):
• The Residential Lead-Based Paint Hazard Reduction Act of 1992, 25 enacted as Title X of the Housing
and Community Development Act of 1992 (Title X), 26 and regulations there-under:
o The Disclosure Rule 27 ; and
“permanent” to mean “an expected design life of at least 20 years.” 24 C.F.R. § 35.110. Moreover, state law may define
“abatement” to encompass both temporary and permanent measures. See e.g., N.J. ADMIN. CODE tit. 8, § 81:51-1.3 (2008).
23 Other organizations included the U.S. Department of Health and Human Services (which encompasses CDC, ATSDR,
and other entities); U.S. Department of Labor, which encompasses the Occupational Safety and Health Administration
(OSHA); U.S. Consumer Product Safety Commission (CPSC); the U.S. Departments of Energy, Education, and
Transportation; and other federal agencies, departments, and offices. See e.g.,
www.cdc.gov/nceh/lead/about/fedstrategy2000.pdf.
24 President’s Task Force on Environmental Health Risks and Safety Risks to Children, Eliminating Childhood Lead
Poisoning: A Federal Strategy Targeting Lead Paint Hazards (Feb. 2000), www.cdc.gov/nceh/lead/about/fedstrategy2000.pdf.
25 42 U.S.C. §§ 4851-4853a.
26 Pub. L. 102-550 (Oct. 28, 1992).
27 24 C.F.R. Part 35, Subpart A; 40 C.F.R. Part 745, Subpart F. Note that citations to the Disclosure Rule herein provide
both the HUD codification (24 C.F.R. Part 35, Subpart A) and EPA codification (40 C.F.R. Part 745, Subpart F) although
the two versions are substantively identical.
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 5