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

o The Disclosure Rule 533 ; and
o The Lead Safe Housing Rule. 534
• The Toxic Substances Control Act (TSCA) and its LBP regulations:
o The Pre-renovation Education Rule (PRE Rule) 535 ;
o The Renovation, Repair, and Painting Rule (RRP Rule) 536 ; and
o The Lead-Based Paint Activities, Certification, and Training Rule (LBP Activities Rule).
74 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK
537 , 538
• Section 7003 of the Resource Conservation and Recovery Act (RCRA). 539
Of these, only two -- the Lead Safe Housing Rule, 540 and RCRA Section 7003 541 -- may be used to compel
the performance of risk reduction work. 542
Most federal LBP enforcement activity is directed to the Disclosure Rule. Only EPA and HUD enforce the
Disclosure Rule, because it is non-delegable federal law (i.e., EPA and HUD cannot delegate enforcement
responsibilities to state or local government). Most TSCA LBP enforcement takes place at the state or tribal
level, since EPA has authorized more than 40 State/Tribal programs under the PRE Rule and/or LBP
Activities Rule. 543 Most provisions of the new RRP Rule are not yet enforceable, and it is unclear how many
States/Tribes will administer the program. 544 The Lead Safe Housing Rule applies to a very small portion
(approximately 3 percent) of the nation’s housing stock with LBP. 545 EPA has used RCRA Section 7003 to
address LBP hazards on only two occasions. 546 See Fig. 17: Enforcement Authority for Federal LBP Laws.
533 24 C.F.R. Part 35, Subpart A (HUD); 40 C.F.R. Part 745, Subpart F (EPA).
534 24 C.F.R. Part 35, Subparts B-R.
535 40 C.F.R. Part 745, Subpart E.
536 73 Fed. Reg. 21692 (Apr. 22, 2008), to be codified at 40 C.F.R. Part 745, Subparts E, L, and Q.
537 40 C.F.R. Part 745, Subpart L.
538 The Lead Hazard Standard does not impose enforceable obligations; and the State/Tribal Programs Rule is a program
authorization regulation.
539 42 U.S.C. § 6973.
540 See Part V of this book, The Lead Safe Housing Rule.
541 See Part IV of this book, Resource Conservation and Recovery Act.
542 See e.g., Part I.A.3 of this book, Introduction – Lead Poisoning and Lead-Based Paint – Federal Response to Lead-Based Paint
Hazards. The Disclosure Rule, Lead Hazard Standard, and LBP Activities Rule state that they do not require evaluation or
risk reduction activities. 24 C.F.R. § 35.88(a)(HUD Disclosure Rule). 40 C.F.R.
§ 745.107(a)(EPA Disclosure Rule), § 745.61(c)(Lead Hazard Standard), § 745.220(d)(LBP Activities Rule).
543 See Part III.D of this book, Toxic Substances Control Act - State and Indian Tribal Programs,
www.epa.gov/lead/pubs/authstatus.pdf, or www.epa.gov/lead/pubs/traincert.htm.
544 Although some provisions are enforceable as of June 23, 2008, most will not be until 2010. 40 C.F.R. § 745.81.
State/Tribes can apply for authorization starting June 23, 2008. 40 C.F.R. § 745.339. See also Part III.F of this book, Toxic
Substances Control Act - Renovation, Repair, and Painting Rule.
545 See Part V of this book, Lead Safe Housing Rule.
546 See Part IV.C of this book, Resource Conservation and Recovery Act – Imminent Hazard Authority.