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

3. Enforcement Options 489
In deciding whether to invoke Section 7003 rather than another legal authority, EPA considers the following:
• The risk to health or the environment, with highest priority to “serious risks”;
• The strength of evidence for each requirement of Section 7003;
• The technical capability, and financial ability, of the responsible person to perform the required actions;
• EPA’s ability to oversee performance of the required actions; and
• The availability of other legal authorities to require the same actions. 490
Section 7003 permits EPA to sue to restrain a person, order such person “to take such other action as may be
necessary,” or both. 491 If EPA wants to restrain a person, then the Agency must ask the U.S. Department of
Justice (DOJ) to seek injunctive relief from the court. Alternatively, EPA may use it administrative order
authority and either:
• Issue a unilateral administrative order (UAO) without negotiation with the responsible person; or
• Enter into a negotiated administrative order on consent (AOC). EPA has developed a model RCRA
7003 AOC. 492
4. Section 7003 Orders for Lead-Based Paint Hazards
4-1. Overview
EPA issued RCRA 7003 unilateral administrative orders for the abatement of lead dust and deteriorated
LBP in:
• 17 th Street Trust 493 ; and
• Fall River. 494
In the absence of Section 7003 regulations, or written guidance on applying this law to LBP, these UAOs are
highly instructive and, thus, are set out in detail below. In both cases:
• EPA became involved at the request of state/local authorities;
• Lead-contaminated dust and/or deteriorated LBP were pervasive in the subject properties;
• Tests confirmed that dust and paint chips/flakes contained lead in excess of federal lead hazard
standards 495 -- and, in 17 th Street Trust, exceeded the standards by orders of magnitude; and
• Young children resided in or frequented (or would frequent) the properties.
489 The State of Indiana mandates state action in response to a Section 7003 endangerment. Other states may have a
comparable requirement.
490See RCRA Section 7003 Guidance, at 2-3, supra note 476. Other federal law generally is not available to require risk
reduction in response to LBP hazards in housing. See Part I.A of this book, Introduction – Federal Response to Lead-based
Paint Hazards.
491 42 U.S.C. § 6973(a).
492 See www.epa.gov/Compliance/resources/policies/cleanup/rcra/7003-aoc-05-mem.pdf.
493 th 17 Street Trust UAO, supra note 477. See also EPA Press Release, D.C. Landlord Agrees to Emergency Cleanup of Lead-Based
Paint, (7/12/2000),
http://yosemite.epa.gov/opa/admpress.nsf/b1ab9f485b098972852562e7004dc686/3e91102a2ecbe7af852570d60070fb60
!OpenDocument.
494 Fall River UAO, supra note 478.
495 40C.F.R. § 745.65.
66 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK