EPA’s New Layer of Lead-Based Paint Rules

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EPA’s New Layer of Lead-Based Paint Rules

The US Environmental Protection Administration (EPA) has just issued a new rule on addressing lead-based paint during renovations.

Adding to an already complex regulatory regime, this new set of rules governing lead-based paint, phases in implementation between June 23, 2008 and April 22, 2010.

Covering the same ground as the repair and renovation portions of New York City’s Local Law 1 of 2004 (LL 1), but with different procedures and thresholds for applicability, the new rules create a confusing alternate scheme for treating lead-based paint during renovation and repair of homes, apartments and child-occupied facilities built prior to 1978. This edition of The Inside Edge will focus on the rule’s application to residential housing (leaving aside its impact on child-occupied facilities).

These rules govern the precautions that must be taken by homeowners, owners of rental housing and contractors with regard to the renovation and repair of pre-1978 private housing that has, or is assumed to have, lead-based paint with a lead content in excess of 1.0 milligram per square centimeter. They are the last set of rules mandated by the Residential Lead-Based Paint Hazard Reduction Act of 1992’s amendments to the Toxic Substances Control Act (TSCA).

Residential property in New York City is also governed by LL 1 as explained in rules issued by the New York City Department of Health and Mental Hygiene and the New York City Department of Housing Preservation and Development.

LL 1. According to the EPA, owners and contractors will have to comply with both the

EPA rules and LL 1. Generally speaking, within New York City, LL 1 will apply to repairs and renovations in multiple dwellings where a child under 6 is present.

The new federal rule adds three categories of housing that are undergoing repair or renovation that had not previously been subject to lead-based paint regulation in New York City;

1) pre-1978 units where there is no child under 6;

2) one and two family houses; and

3) owner occupied coops and condos.

In many instances LL 1 and the new EPA rules specify different ways of dealing with similar situations. Attempting to fi gure out which set of rules apply will often be confusing. For example coops and condos that are sublet and have a child under 6 will be governed by LL 1. Those that are sublet without a child under 6 will be governed by the new EPA rule. Those that are owner occupied, with or without a child under 6, will be governed by the new EPA rule. Worse the two sets of rules will interact in ways that

will be contradictory.

Citizens Housing &
Planning Council
42 Broadway, Suite 2010
New York, NY 10004
Tel: 212-286-9211
Fax: 212-286-9214
Email: info@chpcny.org
www.chpcny.org


This is part of a series of CHPC briefings examining current issues of importance to the NYC housing and community development industries.


By Harold M. Shultz, Senior Fellow
© Citizens Housing and Planning Council 2008



For the full text click on link below:

http://www.chpcny.org/pdf/TheInsideEdgeRenovationRules.pdf


Courtesy of The HDFC Council:
http://forums.delphiforums.com/HDFCCentral/messages/?msg=906.1

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