I85PREP
⌘ K
EPA Lead Risk Assessor study materials
EPA Lead Risk Assessor study resources

EPA Lead Risk Assessor: Federal, State, and Local Regulatory Requirements

EPA Lead Risk Assessor · Work through your exam, one topic at a time.

All guide sections

Federal, State, and Local Regulatory Requirements

The statutory frame

Lead-based paint (LBP) regulation in housing rests on TSCA Title IV. Section 402 directs EPA to set accreditation and certification requirements for the professionals who inspect, assess, and abate, and to set work-practice standards; Section 404 requires states to develop programs or lets EPA administer the federal program in their place; Section 406 requires disclosure of known LBP and lead hazards before a sale or lease of pre-1978 housing and requires the pamphlet. The implementing rule is 40 CFR Part 745 (subparts E, F, L, Q). HUD adds the 24 CFR Part 35 requirements that govern federally assisted housing, HUD-assisted units, and where the distinct lead-safe/lead-hazard evaluation duties fall.

What a risk assessor must actually master

  • Certification is individual; firm certification is separate. A certified individual working for an uncertified firm is out of compliance.
  • The renovation, repair, and painting (RRP) rule uses "renovation" thresholds (6 sq ft interior / 20 sq ft exterior per component); abatement has no such de minimis floor and triggers full abatement, worker-protection, and clearance duties.
  • Notification: EPA and the state generally require advance notice of abatement (commonly 5 business days federally, with state variation); the assessing party must also honor occupant-disclosure and pamphlet duties.
  • Recordkeeping: inspection/assessment reports and lab data generally retained 3 years federally (longer under some state and HUD program rules) and transferred with the property's records.

Trap to watch

Questions love to swap "disclosure" (Section 406, owner duty, pre-1978 housing) with "notification" (regulator duty, abatement start date), or to imply a state with an authorized program is still governed by the EPA regional office. Check whether the scenario specifies an authorized state before answering.

Rule of thumb

Pre-1978 + sale or lease = disclosure. Any abatement = notice plus certified firm plus certified individuals plus clearance. When state and federal rules differ, the stricter applicable requirement controls.