40 CFR 745 Subpart L: EPA Lead-Based Paint Activities

Regulatory citation: Toxic Substances Control Act (TSCA) Section 402; 40 CFR Part 745, Subpart L, Lead-Based Paint Activities

What Is EPA's Lead-Based Paint Activities Rule?

Subpart L of Part 745 sets training, certification and work practice requirements for people and firms that perform lead-based paint activities in target housing and child-occupied facilities. Lead-based paint activities are inspections, lead hazard screens, risk assessments and abatements. Target housing is generally housing built before 1978, and child-occupied facilities include pre-1978 buildings regularly visited by young children, such as day care centers and kindergartens.

Abatement is work designed to permanently eliminate lead-based paint hazards, such as removal, enclosure or encapsulation. It does not include renovation, remodeling or interim controls that are not designed to permanently eliminate hazards. Those activities fall under the separate Renovation, Repair and Painting rule in Subpart E.

The federal rule applies only in states and tribal areas that do not have an EPA-authorized program. Most states run their own authorized programs.

Why Lead Abatement Rules Matter

Lead dust from deteriorated paint is a major source of childhood lead exposure, and poorly controlled abatement can leave homes more contaminated.

Core Obligations

1. Use Certified Individuals and Firms (745.226)

Individuals may be certified as inspector, risk assessor, supervisor, project designer or abatement worker. Certification requires completing an accredited training course and, for inspectors, risk assessors and supervisors, passing the certification exam, with added education or experience for risk assessors, supervisors and project designers. Individuals must be recertified every 3 years, or every 5 years if their training included a proficiency test, after an accredited refresher course. Firms that perform or offer lead-based paint activities must be certified by EPA and must employ only appropriately certified employees. Performing these activities without certification violates TSCA.

2. Follow Inspection Procedures (745.227(b))

Inspections must be performed by a certified inspector or risk assessor. Each component with a distinct painting history is tested, and the inspector prepares a written report of methods and results. Lead-based paint is paint with lead at or above 1.0 milligram per square centimeter or 0.5 percent by weight.

3. Follow Lead Hazard Screen and Risk Assessment Procedures (745.227(c) and (d))

Lead hazard screens and risk assessments must be performed by a certified risk assessor. A risk assessment includes a visual inspection, paint testing, dust samples from floors and window sills, and soil samples, followed by a report on hazards and control options. A soil-lead hazard is bare soil at 400 parts per million or more in a play area, or an average of 1,200 parts per million or more in the rest of the yard.

4. Notify EPA Before Abatement (745.227(e)(4))

Written notification must be received by EPA at least 5 business days before an abatement begins. Abatements ordered because of a child's elevated blood lead level, or under an emergency order, must be notified no later than the start date. Updates are required for changes in start date or location, cancellations, and changes of more than 20 percent in square footage or acreage. Work may not begin before notification.

5. Plan and Supervise Abatement (745.227(e))

A certified supervisor must be onsite during work site preparation and post-abatement cleanup, and at other times must be onsite or available by telephone, pager or answering service and able to be present within 2 hours. A written occupant protection plan, unique to each building, must be developed by a certified supervisor or project designer before abatement begins.

6. Avoid Prohibited Practices (745.227(e)(6))

Open-flame burning or torching of lead-based paint is prohibited. Machine sanding or grinding and abrasive blasting are prohibited unless used with HEPA exhaust control. Dry scraping is allowed only with heat guns, around electrical outlets, or on defective paint spots totaling no more than 2 square feet in a room, hallway or stairwell, or 20 square feet on exterior surfaces. Heat guns must operate below 1100 degrees Fahrenheit.

7. Pass Clearance and Keep Records (745.227(e)(8) through (e)(10) and (i))

A certified inspector or risk assessor performs a visual inspection and collects clearance dust samples no sooner than 1 hour after final cleanup. For samples taken on or after January 12, 2026, the clearance levels are 5 micrograms per square foot for floors, 40 for interior window sills and 100 for window troughs. Surfaces that fail must be recleaned and retested. An abatement report is required, and reports and plans must be kept for at least 3 years.

Common Compliance Approaches

Certification Tracker

Track each worker's discipline, certificate expiration and refresher dates, along with the firm certification.

Notification Checklist

Build the 5 business day notification window into project scheduling.

Example: Lead Abatement in Practice

A certified abatement firm is hired to remove lead-based paint from windows and porch trim in a 1950s rental home after a risk assessment identifies hazards. The certified supervisor writes an occupant protection plan, and the firm submits notification to EPA a week before the start date. Workers use wet scraping and HEPA-equipped tools. After final cleanup, a certified risk assessor waits more than an hour, visually inspects the work area and collects dust wipes. One window trough exceeds the clearance level, so it is recleaned and passes on retest. The firm keeps the abatement report for three years.

Related regulations: EPA Lead Renovation, Repair and Painting, EPA Lead Disclosure Rule, OSHA lead in construction.

Note: Subpart L applies in states and tribal areas without an EPA-authorized lead program. Authorized programs may have different notification, certification and clearance requirements. Worker protection during abatement is also covered by OSHA's lead in construction standard.

Frequently Asked Questions

Is abatement the same as lead-safe renovation?

No. Abatement is designed to permanently eliminate lead-based paint hazards and falls under Subpart L. Renovation work that disturbs paint but is not designed to eliminate hazards falls under the RRP rule in Subpart E.

How far in advance must EPA be notified of an abatement?

Notification must be received at least 5 business days before work begins, except for abatements ordered after an elevated blood lead level finding or an emergency order, which must be notified no later than the start date.

How long are lead certifications valid?

Individuals must recertify every 3 years, or every 5 years if their training included a proficiency test, after completing an accredited refresher course.