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

Section 15 makes it illegal to fail or refuse to maintain required records, submit notices or other information,
allow access to or copying of records, or allow entry or inspection. 165
Section 16 provides civil and ciminal penalties for violations of Section 15 and Section 409. 166 As of this
writing, the statutory maximum civil penalty under Section 16 is $25,000 per violation, 167 adjusted for
inflation to $32,500 for violations which occurred after March 15, 2004. 168 The maximum penalty is
scheduled for re-adjustment in late 2008 to $37,500 per violation. 169 EPA can assess civil penalties under
Section 16 only in an administrative enforcement action 170 (but can obtain such penalties in an
administrative or judicial settlement 171 ).
Also under Section 16, any person who “knowingly or willfully” violates Section 409 may face criminal
sanctions (in addition to or in lieu of civil penalties) of imprisonment up to one year and/or a fine up to
$25,000 per day of violation. 172
Section 17 authorizes federal district courts to restrain any violation of TSCA Section 15 or 409, or compel
the taking of any actions required by TSCA. 173
B. Lead Hazard Standard
1. Overview
Section 403 of TSCA directed EPA to promulgate regulations to define standards for “lead-based paint
hazards, lead-contaminated dust, and lead-contaminated soil.” 174 In short, under TSCA Title IV:
“Lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated
dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible,
friction or impact surfaces that would result in adverse human health effects. 175
“Lead-contaminated dust” means surface dust in residential dwellings that contains lead in excess of
levels determined to pose a threat of adverse health effects in pregnant women or young children. 176
165 15 U.S.C. § 2614(3)-(4). See also 40 C.F.R. § 745.87(b)-(c)(PRE/RRP Rule), § 745.235(b)-(c)(LBP Activities Rule).
166 15 U.S.C. § 2615. See also 40 C.F.R. § 745.87(d)(PRE/RRP Rule); § 745.235(e)(LBP Activities Rule).
167 15 U.S.C. § 2615(a)(1).
168 40 C.F.R. Part 19.
169 Notification will be published in the Federal Register. The adjustment also will affect civil penalties under other
environmental statutes administered by EPA.
170 15 U.S.C. § 2615(a)(2)(A).
171 A judicial settlement may include administrative penalties in exchange for the government’s covenant not-to-sue the
defendant for its administrative liability. See also Part VI.E.3 of this book, Federal Lead-Based Paint Enforcement Programs –
How Federal Enforcement Programs Work – Case Resolution.
172 15 U.S.C. § 2615(b). See also 40 C.F.R. § 745.87(d)(PRE/RRP Rule), § 745.235(e)(LBP Activities Rule).
173 15 U.S.C. § 2616(a).
174 15 U.S.C. § 2683.
175 See 15 U.S.C. § 2681(10). 40 C.F.R. § 745.223 (LBP Activities Rule). The Disclosure Rule also uses this definition. 24
C.F.R. § 35.86; 40 C.F.R. § 745.103.
176 15 U.S.C. § 2681(11).
26 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK