Federal, State and Local Regulations and Standards
The statute stack
Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992, is the parent statute; TSCA sections 402 and 406 supply authority for 40 CFR Part 745. Subpart E requires disclosure of known lead hazards and delivery of the EPA pamphlet before sale or lease of pre-1978 housing. Subpart L (745.220–.239) sets certification for individuals - inspector, risk assessor, abatement supervisor, project designer and worker - plus firm certification, work practice standards and clearance. The Renovation, Repair and Painting rule governs renovation, repair and painting; it is not abatement. HUD 24 CFR Part 35 governs federally assisted housing and requires lead hazard evaluation and clearance. OSHA 29 CFR 1926.62 governs worker exposure. RCRA and DOT rules govern waste, and CPSA sets the 0.06% limit for new consumer paint.
State and local overlay
EPA may authorize a state to administer its own program. In an authorized state, that state's requirements - which may be stricter - apply, and you need that state's certificate, not just EPA's. In unauthorized states EPA runs the program directly. Local codes may add permits, notification and disposal rules.
Traps
- Abatement means permanent elimination of the hazard (replacement, removal, enclosure, encapsulation); anything temporary is renovation.
- Individual certifications renew every three years after refresher training - not annually.
- A certified firm and a certified individual are two distinct credentials; both are usually needed.
- The RRP owner-occupant exemption disappears when a child under six or a pregnant woman lives in the home.
Rule of thumb
Ask three questions: is this pre-1978 target housing or a child-occupied facility; is the work abatement or renovation; which agency (EPA or state, HUD, OSHA) applies? Where rules differ, follow the strictest.