EPA Issues Rule to Address Hazards in Lead Paint Projects

May 16, 2008
Client Alert Newsletter May 2008

On March 31, 2008, the U.S. Environmental Protection Agency ("EPA") issued a new rule pursuant to the Toxic Substances Control Act ("TSCA") to address lead-based paint hazards. Beginning in April 2010, contractors performing renovation, repair, or painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination. Until that time, contractors should follow lead-safe work practices by containing the work area, minimizing dust, and cleaning up thoroughly to prevent the creation of hazardous lead dust and chips. Beginning in December 2009, the rule requires that contractors performing such work distribute an EPA authored pamphlet to owners and occupants of child care facilities. The new rule also establishes requirements for training and certifying renovators, accrediting the providers of the training, and recordkeeping.