EPA Lead Paint Rules: What Homeowners Need to Know

On April 22, 2008, the Environmental Protection Agency issued the Renovation, Repair, and Painting (RRP) Rule under the Toxic Substances Control Act (TSCA) Section 402(c)(3). The rule became fully enforceable on April 22, 2010. For contractors working on pre-1978 housing and child-occupied facilities, it's federal law, with penalties up to $37,500 per violation per day.

This is a reference to EPA lead paint requirements in California, for homeowners verifying a contractor and contractors checking their own practices: the regulatory framework, certification, work practice standards and recordkeeping.

Regulatory Framework

The EPA RRP Rule is codified in 40 CFR Part 745, Subpart E. California has no state program that supersedes it, so the EPA enforces it directly statewide:

When RRP Applies

The rule covers renovation in "target housing" (built before 1978) and "child-occupied facilities" (buildings where children under 6 spend significant time) above these thresholds:

• Interior: Disturbing more than 6 square feet of painted surface per room
• Exterior: Disturbing more than 20 square feet of painted surface
• Windows: Any window replacement or demolition

Covered: renovation, remodeling, repair, painting, carpentry, window replacement and demolition. NOT covered: minor repair and maintenance under the threshold, abatement (separate regulations) and homeowners working on their own homes.

Certification Requirements

Firm Certification (40 CFR 745.81)

Any firm performing covered renovation must be EPA-certified, including:

• Remodeling, painting and specialty trade contractors
• Property management companies performing their own work
• Non-profits and government agencies

Firm certification requires:

• Application to EPA (online at epa.gov/lead)
• $300 fee (valid for 5 years)
• Designation of a responsible party
• Commitment to comply with work practice standards

Renovator Certification (40 CFR 745.85)

Each renovation crew must include at least one EPA-certified renovator. Certification requires:

• 8-hour initial training course from EPA-accredited provider
• Hands-on component (containment, cleaning, verification)
• Passing score on certification exam
• 4-hour refresher training every 5 years

Work Practice Standards (40 CFR 745.85)

These work practices are legal requirements, not guidelines.

Containment Requirements

• Plastic sheeting (6-mil minimum) to isolate work area
• Vertical containment for exterior work
• Sealed barriers to prevent dust migration
• Warning signs posted at work area entrances

Prohibited Practices

• Open-flame burning or torching of painted surfaces
• Machine sanding or grinding without HEPA exhaust control
• Dry sanding or scraping (except as needed for electrical outlets)
• Heat guns above 1100°F
• Power washing without containment

Cleaning Requirements

• HEPA vacuuming of all surfaces
• Wet wiping with disposable cloths
• Visual inspection for dust and debris
• Cleaning verification (wet cloth or dust wipe testing)

Pre-Renovation Education (40 CFR 745.84)

Before work begins, contractors must give the EPA pamphlet "Protect Your Family from Lead in Your Home" to:

• The owner of target housing
• Adult representative of child-occupied facility
• Tenant of rental housing (if different from owner)

Documentation of pamphlet distribution must be retained for 3 years. The pamphlet is free from EPA and must be provided in the recipient's language on request.

Recordkeeping Requirements (40 CFR 745.86)

Firms must retain records for 3 years following completion of renovation:

• Firm EPA certification
• Renovator training certificates
• Pre-renovation education documentation
• Project location and dates
• Description of work performed
• Verification of work practice compliance

Enforcement and Penalties (40 CFR 745.87)

EPA enforces through inspections, complaints and referrals. Penalties include:

• Civil penalties: Up to $37,500 per violation per day
• Criminal penalties: For knowing violations
• Injunctive relief: Court orders to comply
• Supplemental environmental projects: Required remediation work

Recent enforcement has focused on:

• Uncertified firms performing covered work
• Failure to provide pre-renovation education
• Inadequate containment or cleaning
• Failure to retain required records

California-Specific Considerations

While the federal rule governs, state and local regulations may add requirements:

• Cal/OSHA: Lead in construction standard (8 CCR 1532.1) applies to worker protection
• Local air districts: May have additional requirements for dust control
• Building permits: Some jurisdictions verify RRP certification before issuing permits

How We Work on Pre-1978 Homes

Here is how we handle each requirement above:

• Firm certification: NAT-F158463-1
• Certified renovators: On every crew
• Training current: All renovators within 5-year certification period
• Documentation: Complete records for every project
• Work practices: Containment, dust minimization and cleaning on every covered job

Your family's health and our workers' health are non-negotiable. For the homeowner's side, see what every pre-1978 homeowner should know.