New Rules for Lead-based Paint Abatement - Applicability to Camps

April 22, 2010

NEW RULE IN EFFECT APRIL 22, 2010 - It is important to recognize that this is a new regulation which, like every new rule, is subject to different interpretations by different people.  This information is no substitute for a site-specific evaluation and regional interpretation by professionals like an Environmental Protection Agency (EPA) certified renovator, your engineer, and your attorney.  Under the authority of the Toxic Substances Control Act (TSCA), the EPA has issued a final ruling that took effect April 22, 2010, regarding lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities.

The ruling defines “target housing” as

“…any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-bedroom dwelling. Under this rule, a child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing."

The rule establishes requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. Interested States, Territories, and Indian Tribes may apply for and receive authorization to administer and enforce all of the elements of these new renovation requirements.