State and Federal
Lead Policy
Theresa Green, AA-C, MBA
October 3, 2008
Opportunities for Regulation
Regulation on Renovation
 EPA Safe Work Practices
 EPA Pre-Renovation Education Rule
 EPA Repair and Painting Rule
Federal: Title X
(Federal Lead Abatement Law)
(Public Law 102-550)
 Residential Lead-Based Paint Hazard
Reduction Act of 1992--Title X
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National approach to decrease lead
based paint hazard
Build infrastructure
Standardize hazard evaluation
Government housing will be lead safe
Educate the public regarding lead
Title X (continued)
 Amending the Toxic Substances Control
Act (TSCA) to include Title IV (Lead
Exposure Reduction) which set the stage
for several other regulations
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Lead Based Paint Debris Disposal
Hazard Standards for Lead in Paint, Dust
and Soil
National Lead Laboratory Accreditation
Program.
Disclosure Rule (1018)
 Requires disclosure of known lead-
based paint and/or lead-based paint
hazards by persons selling or leasing
housing constructed before the phaseout of residential lead-based paint use
in 1978.
Disclosure Rule (1018)
 Sellers and landlords must give
buyers and renters the pamphlet,
developed by EPA, HUD, and the
Consumer Product Safety
Commission, titled Protect Your
Family from Lead in Your Home.
 Home buyers get a 10-day period to
conduct a lead-based paint inspection
or risk assessment at their own
expense.
Training and Certification Program
for Lead-Based Paint Activities (402)
 Ensures that individuals conducting
lead-based paint abatement, risk
assessment, or inspection are
properly trained and certified, that
training programs are accredited,
and that these activities are
conducted according to reliable,
effective and safe work practice
standards.
Training and Certification
Program (402, 404)
Implemented August 1998
 Contractors must be proficient in leadbased paint inspection, risk assessment
and abatement services
 Training programs must be accredited
 Work practice standards set
 States and Tribes can apply to EPA for
authorization to administer these
elements
Pre-Renovation Lead
Information Rule (TSCA 406b)
 Original in 1999
 Amendment published on April 22,
2008
 EPA developed requirements for
renovators to distribute a lead hazard
information pamphlet to housing
owners and occupants before
conducting renovations in pre-1978
housing now adding child facilities
Pre-Renovation Lead
Information Rule (TSCA 406b)
 New Stuff:
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Renovators required to distribute info of childoccupied facilities (child care, kindergartens and
daycares) to the owners, administrators and
parents or guardians of children under 6 that
attend the facilities
Should use the new Renovate Right: Important
Lead Hazard Information for Families, Child Care
Providers and Schools
Renovation, Repair and
Painting (402)
 Establishes standards for individuals and
firms conducting renovation activities
that create lead-based paint hazards in
target housing and child-occupied
facilities.
 Beginning April 2010 (Posted March 31,
2008)
Renovation, Repair and
Painting (402)
 Contractors must be certified if disturbing
paint in pre-1978 houses with children
under 6 present on a regular basis.
 Does not apply to minor maintenance or
repair where less than six square feet of
lead-based paint is disturbed (NOT
window replacement)
Title X, Section 1012, 1013
 Lead-Based Paint hazards in Federal
Assisted Housing
 Governs all housing receiving federal
assistance ( U.S. Dept of Housing and Urban
Development – HUD)
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Federally owned building
Project based assistance
Emergency and homelessness shelters
Public Housing
Section 8 – Tenant Based Public Assistance
Federal Housing
Assistance vs.
Activity
Under
$5,000
$5,00025,000
+
$25,000
Conduct paint testing
or assume
Yes
Yes
Yes
Conduct Risk
Assessment
No
Yes
Yes
Lead Safe Work
Practices
Yes
Yes
Yes
Interim Controls
Optional
Yes
No
Full abatement
Optional
Optional
Yes
Yes
Yes
Yes
Clearance sampling
Michigan Lead Laws
 Michigan Lead
Abatement Act
 Michigan PA 434:
Landlord Penalty Law
Michigan Lead Abatement Act
 Revision of Michigan Public Health Code
 July 1st, 1998
 Comprehensive plan for the reduction of
childhood lead poisoning
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Program accreditation
Certification of contractors, inspectors, etc
Lead Commission appointed by Governor
http://www.michigan.gov/mdch/0,1607,7-132-2940_2955_2983-44657--,00.html
Michigan Lead Abatement Act
 Lead Safe Housing Registry
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List of residential and multi-family dwellings and
child occupied facilities that have been abated or
have had interim controls performed to control
lead-based paint hazards – made available to the
public
Mylicense.mdch.state.mi.us:8888/Registry/lshr.jsp
 Lead Poisoning Prevention Week
 Rules for violators
Public Act 434
 Landlord Penalty Law
 Enacted in 2004
 Local prosecutors can bring civil action
against landlords who rent units with
lead-based paint hazards to those with
lead poisoned children.
PA 434 – Landlord Penalty Law
 Certain conditions must apply:
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Landlord must have prior knowledge that the rental
unit contains a lead-based paint hazard
Ninety days must have passed since the landlord
was made award of the hazard
The landlord must not have acted in good faith to
address the hazard
There must be a resident child residing in the unit
with an EBL of 10.0 ug/dL or greater
PA 434 – Landlord Penalty Law
 Exciting new option
 BUT, need an already lead poisoned
child in order to prosecute…
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What can we do BEFORE the child is lead
poisoned?
Other problems, successes?
PA 434 in Berrien County
What can we do locally?
 Comply with established regulations
 Build on Federal and State policy
 Assess the community and plan what will
work best in your
environment
Thank you!