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DTCI: EPA addresses lead paint renovation issues

Jason M. Massaro
April 14, 2010
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After April 22, 2010, 40 C.F.R. § 745.80, et. seq. (hereinafter Act), mandates that no person or company may perform, offer, or claim to perform renovations without first being certified by the Environmental Protection Agency where such renovations occur in structures that were, inter alia, constructed before 1978 and visited regularly or occupied by a child under the age of 6 or by a pregnant woman in which such structures are shown to have a high enough level of lead-based paint after testing. The structures are defined under the Act as "target housing" and "child-occupied facilities."

The Act should be consulted as its requirements far exceed the scope of this article. However, the Act can essentially be broken down into three main aspects: (1) certification and training of a renovator; (2) lead-based dust and debris containment; and (3) education of the general public about the hazards of leadbased paint.

With regard to certification, a renovator must successfully complete a course accredited by the EPA, pay a fee, and receive a certificate of completion. There is also a dust-sampling technician certification that allows dust-clearance sampling. Most renovators will want both certifications if they desire to be a full-service renovation company. Make note, however, that if work is done on HUD homes, additional training and certification requirements may apply. That notwithstanding, every five years a certified renovator must take an EPA refresher course or face loss of its certification. In addition to obtaining certification, a renovator must train its workers on the work practices they will use in performing their assigned tasks.

When performing lead-based dust removal, the Act specifically limits the allowable methods for removal and for dust and debris containment. There are also specific requirements for work-site isolation, storage of dust and debris during the renovation process, as well as containment during transportation. Moreover, when the renovation is complete, there is a litany of testing and cleaning procedures that must be followed to ensure that no lead-based paint is left behind.

Renovators must maintain specific records and reports, and make them available for inspection by the EPA upon request. Failure to comply with these requirements may result in civil and criminal sanctions under the Toxic Substances Control Act for each violation as well as revocation of certification by the EPA.

Finally, a renovator must be aware of and follow the notice and educational aspects of the Act. After April 22, 2010, all certified renovators must provide owners and occupants with a specific pamphlet prepared by the EPA entitled "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools." This pamphlet must be given to the owner or occupant no more than 60 days before beginning renovation. Written acknowledgment of receipt of the pamphlet must be obtained as well as a certificate of mailing at least seven days before renovation. Further, while the renovation is ongoing, the renovator must post information signs describing the general nature and location of the renovation and the anticipated completion date. The signs must also be in the primary language of the occupants. How a renovator determines the "primary language of the occupants" is not set forth in the Act.

Even this brief overview of the Lead-Based Paint Renovation Act clearly demonstrates the extensive scope and magnitude of complying with the same. There is little doubt that compliance with the Act will increase the cost of the services rendered by renovation companies which will, in turn, most likely be passed on to the consumer. However, if renovators want to stay in the business of renovation, compliance with the Act is a necessary evil.


Jason M. Massaro is an attorney practicing in Indianapolis and can be reached at jason.massaro@hotmail.com. The opinions expressed in this article are those of the author.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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