Regulatory Framework and Program Requirements
Lead-based paint regulation in the U.S. rests on a layered structure: federal statutes and EPA rules, OSHA worker standards, and state/local programs that may be stricter. The core federal pieces a designer must know are the Toxic Substances Control Act (TSCA) authority for lead-based paint activities and the Residential Lead-Based Paint Hazard Reduction Act (Title X), which created the framework for certification, accreditation, and work practice standards. EPA's lead-based paint activities rule (40 CFR Part 745, Subpart L) governs inspection, risk assessment, and abatement in target housing and child-occupied facilities, requiring certified individuals and accredited firms. The Renovation, Repair and Painting (RRP) rule covers renovation, repair, and painting that disturbs paint in pre-1978 housing and child-occupied facilities; abatement is a different category and is not performed under RRP. OSHA's Lead in Construction standard (29 CFR 1926.62) governs worker protection and is triggered by exposure, not by building age.
Traps in questions: confusing abatement with renovation; assuming RRP certification authorizes abatement; assuming federal rules preempt stricter state rules (they do not-states may be authorized to run their own programs, and some have different definitions or thresholds); and mixing the OSHA exposure-based trigger with the EPA age-based trigger. Another common trap is treating "target housing" as all housing-it excludes housing for the elderly or disabled unless a child under six resides or is expected to reside.
Rule of thumb: EPA rules ask "what building and what activity?" while OSHA asks "what is the worker's exposure?" Answer each question with the correct trigger before selecting a rule.
Worked example: A 1965 apartment building renovation disturbs painted trim. Because it is pre-1978 target housing and this is renovation (not abatement), RRP applies; if the firm instead performs abatement, Subpart L certification and work practices apply, and OSHA 1926.62 applies to workers either way based on exposure.