The Catholic University of America

Summary of Federal Laws

Environmental Laws

Residential Lead-Based Paint Hazard Reduction Act of 1992

42 U.S.C. § 4851 et seq.; 24 C.F.R. § 35.80 et seq., and 40 C.F.R. § 745.103 et seq.

Regulations on the use of lead-based paint in housing may be found at 61 Fed. Reg. 9064 (Mar. 6, 1996). Regulations apply to owners of more than four residential housing units. The units must have been built before 1978.

Dormitories are exempt if the units are "0-bedroom dwellings," defined as any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. See 40 C.F.R. § 745.103 and 24 CFR § 35.86. If the dormitory rooms combine living/sleeping areas, they are clearly exempt. If the rooms are suites in which living and sleeping areas are separated, such units are probably exempt.

EPA's guidance states as follows: "The rules excludes '0-bedroom dwellings.' The definition of '0-bedroom dwelling' includes 'rentals of individual rooms in residential dwellings,' and EPA and HUD believe that the rentals of rooms in fraternity and sorority houses generally fit that model and would be exempt. The definition of '0-bedroom dwelling' also specifically includes dormitory housing, which would encompass typical dormitory suites. However, married student housing and university-owned apartments typically are not '0-bedroom dwellings' and would be covered by the rule if they met the other criteria for target housing set out in the rule." This guidance is advisory only, and is not binding on the agency.

Also, dormitories are not exempt if they are receiving federal monies as a federally-assisted project.  HUD regulations,consolidated at 24 C.F.R. Part 35  pertain to abatement of lead hazards in target housing that is federally assisted. For more on the lead based paint disclosure rule requirements click here.

Final Rule, Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program, 76 Fed. Reg. 47918, August 5, 2011. Effective Oct. 4, 2011

In this  final rule EPA is promulgating several revisions to the RRP rule, including a provision allowing a certified renovator to collect a paint chip sample and send it to a recognized laboratory for analysis in lieu
of using a lead test kit, minor changes to the training program accreditation application process, standards for e-learning in accredited training programs, minimum enforcement provisions for authorized state and tribal renovation programs, and minor revisions to the training and certification requirements for renovators. EPA is also promulgating clarifications to the requirements for vertical containment on exterior renovation projects, the prohibited or restricted work practice provisions, and the requirements for high-efficiency particulate air (HEPA) vacuums.

January 2012 Update

The EPA has announced that enforcement of the LRRP Rule (see above and below) is a top priority in 2012. Target housing excludes dormitories but include child occupied facilities, which is a building built on or before 1978 that is regularly visited by a child or children under the age of six. So day cares on campus would be affected. Hogan Lovells published an updated newsletter dated December 30, 2011 addressing what universities and other targeted organizations should do to be in compliance.

Final Rule, Lead, Renovation, Repair, and Painting Progrma; Lead Hazard Information Pamphlet; Notice of Availability, 73 Fed. Reg. 21692 April 22, 2008

This new rule only affects renovation and repair on *target housing* or *child occupied facilities* built before 1978. The definition of target housing is as follows:

Target housing
means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing) or any 0-bedroom dwelling.

0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. 40 CFR § 745.103.

An effective date for certain covered facilities is April 22, 2010 as follows and noted on page 21748 of the final rule:

4. As of April 22, 2010. The rule will be fully implemented.

a. No firm may perform, offer, or claim to perform renovations without certification from EPA under 40 CFR 745.89 in target housing or child-occupied facilities, unless, in the case of owner-occupied target housing, the firm has obtained a statement signed by the owner that the renovation will occur in the owner's residence, no child under age 6 resides there, the housing is not a child-occupied facility, and the owner acknowledges that the work practices to be used during the renovation will not necessarily include all of the lead-safe work practices contained in EPA's renovation, repair, and painting rule.

b. All renovations must be directed by renovators certified in accordance with 40 CFR 745.90(a) and performed by certified renovators or individuals trained in accordance with 40 CFR 745.90(b)(2) in target housing or child-occupied facilities, unless, in the case of owner-occupied target housing, the firm performing the renovation has obtained a statement signed by the owner that the renovation will occur in the owner's residence, no child under age 6 resides there, the housing is not a child-occupied facility, and the owner acknowledges that the work practices to be used during the renovation will not necessarily include all of the lead-safe work practices contained in EPA's renovation, repair, and painting rule.

Additional Resources

EPA RRP web resource page

EPA's New Renovation, Repair and Painting Rule
by the National Center for Healthy Housing

 

CCR updated CFR links 6/22/15