Background
In 1978, the Consumer Products Safety Commission banned the use of lead-based paint in residential housing. This ban did not include commercial facilities, nor did it mandate removal of lead-based paint in residences.
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X. Title X establishes the infrastructure and standards necessary to reduce lead-based paint hazards in housing. Within this law, Congress recognized lead poisoning as a particular threat to children under the age of 6 years. Title X defines lead-based paint as containing at least 0.5 percent lead, by weight. Most important, it amended the Toxic Substances Control Act to give Environmental Protection Agency (EPA) direction to work with other federal agencies to enact regulations designed to protect the public from exposure to lead.
EPA regulates lead-based paint removal activities. There are requirements for trained abatement personnel, notifications, and work practices. EPA runs its lead program cooperatively with the Department of Housing and Urban Development (HUD). HUD requires that building owners notify certain occupants of the hazards of lead-based paint. These regulations are in 24 CFR 35.
Since 1999, EPA has required that building owners train personnel who perform building renovation activities that disturb lead-based paint. These regulations are in 40 CFR 745.
Key Concepts
Target Housing or Covered Housing
EPA’s lead paint rules apply to residential housing built before 1978, except housing for the elderly. This definition excludes residence halls, barracks, and single rooms rented in a house.
Child-Occupied Facilities
EPA’s lead-based paint rules apply to places where children, 6 years of age or younger, visit or stay. The interpretive definition of this term includes most child-care centers, preschools, and kindergarten classrooms, and excludes most residence halls.
Leased Housing
Housing that is rented for any period of time, with or without payment, under a formal or informal lease arrangement is “leased housing.” There are specific notification requirements for leased housing. Residence halls do not meet the standard for leased housing under the federal rules, but apartments and single-family houses do meet that standard.
Renovation
Changes to lead-based paint for the purposes of maintaining a building are “renovations.” There are no federally mandated work practices or training or licensing requirements for renovations that involve lead-based paint.
Abatement
The removal of lead-based paint for the purposes of reducing lead risk is “abatement.” There are federally mandated practices and training and licensing requirements for people and businesses that perform abatement.
Lead Paint Debris
Residue that comes from renovation or abatement of buildings that consists of lead-based paint is “lead paint debris.” Federal requirements for disposal of this material vary by the type of structure from which it comes.
Household Hazardous Waste
Waste that comes from residential buildings is exempt from hazardous waste management requirements under the federal Resource Conservation and Recovery Act (see Resource Conservation and Recovery Act — Solid and Hazardous Waste). Under this exemption, most lead paint debris that comes from residential abatement projects is household hazardous waste and, therefore, is subject to fewer management requirements.
Does this apply to my campus?
If your campus has target housing or child-occupied facilities, these regulations apply to you.
If lead-based paint is in nonresidential buildings, any lead paint debris may be a hazardous waste (see Resource Conservation and Recovery Act — Solid and Hazardous Waste).
What do I have to do?
If you have leased housing on your campus, you must supply lessors with the EPA/HUD brochure, and notify lessors at the time of the lease the extent of your knowledge about the lead-based paint in the leased housing. You do not need to survey your leased housing, but you must disclose your knowledge of lead-based paint content.
If you have covered housing on your campus, and you intend to perform abatement, you must ensure that the people who perform the abatement are trained, licensed, use the proper control methods, and dispose of the lead-based paint debris in accordance with regulatory standards.
Also, if you intend to perform renovation on covered housing, you must disclose the presence of lead-based paint to the personnel performing the renovation.
If you intend to sell any residential property, you must disclose any knowledge of the presence of lead-based paint in the property.
If you contract for or perform lead abatement on nonresidential buildings, the lead paint debris may be hazardous waste under the Resource Conservation and Recovery Act. Be sure to review state regulations, which may be stricter than their federal counterparts.