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

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• Lead-Based Paint (LBP) Title X, TSCA and regulations there-under pertain to lead-based paint (and lead-based paint hazards). “Lead-based paint” generally is defined to mean paint or other surface coating that contains lead in concentrations “equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight” (>1.0 mg/cm 2 or 0.5%). 55 Sometimes, these concentration levels are referred to as “regulated” lead levels. 56 A few regulations have a slightly different definition, but the de minimis technical discrepancy is likely to have no legal effect. 57 (“Lead-free” is not a defined term but, as explained below, is used as a generic term in this book.) • Target Housing Title X, TSCA and regulations there-under apply to target housing (and certain other buildings 58 ). “Target housing” means “any housing constructed prior to 1978,” except any “0-bedroom dwelling,” and housing for the elderly or disabled (unless a child younger than six years old resides, or is expected to reside, there). 59 • Child-Occupied Facility (COF) TSCA regulations apply to “child-occupied facilities” such as “day-care centers, preschools and kindergarten classrooms.” 60 In short, under the PRE/RRP Rule and LBP Activities Rule: “Child-occupied facility” means a pre-1978 building (or portion thereof) “visited regularly by the same child, 6 years of age or under” at least two days a week, “at least 3 hours” each day, “at least 6 hours” weekly, and “at least 60 hours” annually. 61 Furthermore, the PRE/RRP Rule definition specifies that a COF may be located in a public or commercial building, in which case the COF also encompasses locations in the building that children routinely use, such as restrooms and cafeterias. 62 55 24 C.F.R. § 35.86; 40 C.F.R. § 745.103 (Disclosure Rule). See also, 42 U.S.C. § 4851b(14)(Section 1004 of Title X), referring to 42 U.S.C. § 4822(c)(Section 302(c) of the Lead-Based Paint Poisoning Prevention Act). See also 40 C.F.R. § 745.82(a)(RRP Rule lead-free exemption), and § 745.88(c)(RRP Rule test kit criterion). 56 E.g., 40 C.F.R. § 745.88(c)(RRP Rule test kit response criteria). 57 In two EPA regulations, the concentration by weight is more than, but not equal to, 0.5 percent. 40 C.F.R. § 745.83 (RRP Rule “recognized test kit” definition), and § 745.223 (LBP Activities Rule “lead-based paint” definition). 58 TSCA also covers pre-1978 public buildings, and commercial buildings, bridges, and other non-residential structures. See 15 U.S.C. § 2682(b). 59 42 U.S.C. § 4851b(27)(Section 1004 of Title X). See also 15 U.S.C. § 2681(17)(TSCA § 401). 24 C.F.R. § 35.86; 40 C.F.R. § 745.103 (Disclosure Rule). A “0-bedroom dwelling” is a dormitory, studio apartment, or single rental room in a residential dwelling. 24 C.F.R. § 35.86; 40 C.F.R. § 745.103. 60 40 C.F.R. §§ 745.83 (PRE/RRP Rule), § 745.223 (LBP Activities Rule). Members of the lead poisoning prevention community prefer the term “child-care” center, to the term “day-care” center used in the regulation. 61 40 C.F.R. § 745.83 (PRE/RRP Rule), § 745.223 (LBP Activities Rule). 62 40 C.F.R. § 745.83. 12 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK
Acronyms and Abbreviations This book also uses common acronyms and abbreviations which, for the reader’s convenience, are set out below and at the beginning of each chapter within which they appear. Commonly Used Acronyms and Abbreviations CDC U.S. Centers for Disease Control and Prevention COF Child-Occupied Facility DOJ U.S. Department of Justice EBLL Elevated Blood-Lead Level EPA U.S. Environmental Protection Agency HUD U.S. Department of Housing and Urban Development LBP Lead-Based Paint LSH Rule Lead Safe Housing Rule LBP Activities Rule Lead-Based Paint Activities, Certification, and Training Rule PRE Rule Pre-renovation Education Rule RLBPHRA Residential Lead-Based Paint Hazard Reduction Act of 1992 (also known as Title X of the Housing and Community Development Act of 1992) RCRA Resource Conservation and Recovery Act RRP Rule Renovation, Repair, and Painting Rule Title X Title X of the Housing and Community Development Act of 1992 (also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992) TSCA Toxic Substances Control Act Generic Terms This book also uses generic terms to describe recurring concepts: • EPA-run jurisdiction or federal jurisdiction refers to States and Tribal jurisdictions that do not administer EPA-authorized TSCA LBP programs. 63 • Lead-free, LBP-free, lead-based paint free, or free of regulated lead refers to paint or other surface coatings that contain lead at concentrations below those which constitute the legal definition of “lead-based paint,” i.e., lead content that is less than 1.0 milligram per square centimeter or 0.5 percent by weight (
Page 1 and 2: Federal Lead-Based Paint Enforcemen
Page 3 and 4: Foreword This bench book is written
Page 5 and 6: Detailed Table of Contents I. Intro
Page 7 and 8: Renovations in Dwelling Units in Ta
Page 9 and 10: 3. Case Resolution.................
Page 11 and 12: 1. Introduction A. Lead Poisoning a
Page 13 and 14: pervasive in buildings across the n
Page 15 and 16: 2. National Commitment to Eliminate
Page 17 and 18: • The LSH Rule applies to federal
Page 19 and 20: Fig. 3: Authority to Administer & E
Page 21: Fig. 4: Federal, State, and Local L
Page 25 and 26: “Target housing” means “any h
Page 27 and 28: In truth, federal entities (agencie
Page 29 and 30: Certified Statements Sellers and la
Page 31 and 32: Inspections EPA and HUD conduct ins
Page 33 and 34: 6. Effect on Contracts Section 1018
Page 35 and 36: 2. TSCA Lead-Based Paint Regulation
Page 37 and 38: “Lead-contaminated soil” means
Page 39 and 40: EPA published the LBP Activities Ru
Page 41 and 42: • Provisions for re-accreditation
Page 43 and 44: 2. State/Tribal Programs: LBP Activ
Page 45 and 46: On April 22, 2008, EPA published th
Page 47 and 48: e a company; partnership; corporati
Page 49 and 50: 4. Summary of Provisions Fig. 9: Su
Page 51 and 52: • Do not involve any prohibited w
Page 53 and 54: • In target housing (including th
Page 55 and 56: the test results and other informat
Page 57 and 58: 4-3. Effective and Implementation D
Page 59 and 60: Fig. 13: RRP Rule Implementation Da
Page 61 and 62: o Provide the pamphlet to an adult
Page 63: “HEPA vacuum” means a vacuum cl
Page 67 and 68: and the renovator performed (or dir
Page 69 and 70: 4-9. Firm Certification and Respons
Page 71 and 72: Fig. 15: RRP Rule “Grandfathering
Page 73 and 74:
4. Resource Conservation and Recove
Page 75 and 76:
2. Requirements EPA must make three
Page 77 and 78:
4-2. In re 17 th Street Revocable T
Page 79 and 80:
federal lead hazard standard is 40
Page 81 and 82:
program. The rule encompasses more
Page 83 and 84:
6. Federal Lead-Based Paint Enforce
Page 85 and 86:
Fig. 17: Enforcement Authority for
Page 87 and 88:
EPA’s LBP enforcement and complia
Page 89 and 90:
E. How Federal Enforcement Programs
Page 91 and 92:
Enforcement Response Policy Title X
Page 93 and 94:
3. Case Resolution Administrative v
Page 95 and 96:
dismissing EPA’s complaint. The E
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