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

Coordinated Federal/State/Local Enforcement
EPA and HUD engage in coordinated Disclosure Rule inspection and enforcement
campaigns with state and/or local enforcement authorities. Participating agencies can
leverage their respective information, resources, and legal authority through joint (unified)
or parallel (complementary) enforcement actions. 553
C. Federal Entities That Enforce Lead-Based Paint Requirements
EPA and HUD each can unilaterally enforce the Disclosure Rule, although they often cooperate; and either
may enforce violations in any target housing. 554 Under a 1997 Memorandum of Understanding 555 and
accompanying guidance, 556 EPA and HUD envisioned that EPA would focus on non-HUD-assisted target
housing, and HUD would be primarily responsible for HUD-assisted target housing. 557 The original
intent and current application of these documents may be in dispute. Nonetheless, these instruments do not
nullify the statutory authority of either agency -- and have not prevented either from pursuing Disclosure
Rule enforcement actions against any type of target housing. 558
1. U.S. Environmental Protection Agency
EPA’s Office of Prevention, Pesticides and Toxic Substances (OPPTS) writes the Agency’s LBP
regulations; conducts research studies; provides for compliance assistance, public outreach, and
education; and performs other functions to administer TSCA. 559
The Agency’s Office of Enforcement and Compliance Assurance (OECA) directs EPA’s national LBP
compliance monitoring and enforcement program. 560 OECA sets national enforcement policy and
priorities, and works on nationally significant enforcement cases.
553 See section, VI.G, below.
554 See 24 C.F.R. § 35.96; 40 C.F.R. § 745.118.
555 Memorandum of Understanding Between The Environmental Protection Agency and the Department of Housing and Urban
Development for the Enforcement of Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Nov.18,
1997).
556 Guidance on Coordination Between EPA & HUD - Section 1018 Lead-Based Paint Disclosure Rule Investigations –
Consistent with the HUD-EPA MOU (Mar. 2, 1998).
557 Approximately 38 million pre-1978 dwellings have LBP. Of these, approximately 4.8 million receive some form of
government assistance but are not necessarily subject to the Lead Safe Housing Rule.
558 See e.g., EPA Press Release, Salem Housing Authority Faces over $200,000 in Penalties for Lead Paint Disclosure Violations
(June 14, 2007), http://yosemite.epa.gov/opa/admpress.nsf/names/r01_2007-6-14_sha.
559 See www.epa.gov/oppts/pubs/aboppts.htm, or www.epa.gov/epahome/organization.htm. Within OPPTS, the Office of
Pollution Prevention and Toxics, and its National Program Chemicals Division, are directly responsible for LBP matters.
560 See www.epa.gov/compliance, or www.epa.gov/epahome/organization.htm. Within OECA:
• The Office of Compliance is responsible for LBP compliance monitoring;
• The Office of Civil Enforcement, and its Waste and Chemical Enforcement Division, are responsible for LBP civil
enforcement; and
• The Office of Criminal Enforcement and Forensics Training handles criminal matters.
76 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK