Abatement lead-based paint

It would be anomalous to impose a more stringent safety standard in the renovation context than in the abatement context, where the express purpose of the regulated activities is to abate lead-based paint hazards. Therefore, in taking into account safety, this final rule regulates renovation and remodeling activities relative to the TSCA section 403 hazard standard, with the... 

TSCA-11 Residential Lead-Based Paint Hazard Abatement Act... 

Year OF Enactment/Amendments Toxic Substances Control Act, 1976 Asbestos Elazard Emergency Response Act Amendment, 1986 Radon Program Development Act Amendment, 1988 Asbestos School Hazard Abatement Reauthorization Act Amendment, 1990 Residential Lead-Based Paint Hazard Reduction Act Amendment, 1992... 

TSCA regulations require sellers and landlords to disclose the presence of lead-based paint and lead hazards in target housing. These regulations, usually referred to as the Disclosure Rule, were jointly issued by the EPA and HUD, pursuant to a mandate in Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992. The only affirmative act the Disclosure Rule requires is disclosure TSCA does not require landlords and sellers to conduct any lead abatement projects. As the EPA said in the enforcement response policy for the Disclosure Rule, [t]he purpose of the Disclosure Rule is to ensure that individuals and families receive the information necessary to protect themselves and their families from lead-based paint and/or lead-based paint hazards. Because the Disclosure Rule does not require any reduction of lead in homes, it has been criticized as a weak response to a national crisis. On the other hand, the cost of removing lead... 

C.F.R. 745.107(a). Lead programs under other statutes do require lead abatement for example, federal agencies and purchasers of certain federal property are required to abate lead under Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992. 66 Fed. Reg. 1206 (Jan. 5.2001). 

Lead-based paint activities are defined as inspection, risk assessment or abatement in target housing or child-occupied facilities. Inspection is defined in turn as a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation risk assessment is defined as an on-site investigation... 

The term abatement means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Administrator imder this subchapter. 

The term reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. 

The Administrator, in cooperation with other appropriate Federal departments and agencies, shall conduct a comprehensive program to promote safe, effective, and affordable monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. 

A) collect, evaluate, and disseminate current information on the assessment and reduction of lead-based paint hazards, adverse health effects, sources of exposure, detection and risk assessment methods, environmental hazards abatement, and clean-up standards ... 

Abatement refers to measures that get rid of lead-based paint hazards for at least 20 years. Some abatement methods are permanent, such as removing a window or removing the lead paint on a wall. Others involve covering up lead paint, such as by enclosing a wall with... 

In 1971, the Lead-Based Paint Poisoning Prevention Act prohibited federally owned or assisted residential properties from being painted with lead-based paints. That law also funded screening, treatment, and abatement efforts in 25 states. Such programs were again funded through the Lead Contamination Control Act of 1988. 

A bill that has been considered by the U. S. Congress would create a source of money to help pay for removing the lead from low-income families homes. The law has been called the Lead-Based Paint Abatement Trust Fund Act or the Lead Abatement Trust Fund Act. The theory behind the trust fund is that the fairest way to pay for cleaning up lead hazards is to put the burden on the industry that profited from lead in the first place, lead producers and importers. 

U. S. Department of Housing and Urban Development (HUD), Comprehensive and Workable Plan for the Abatement of Lead-Based Paint in Privately Owned Housing Report to Congress (1990) xvii. " HUD Guidelines 3-7. 

HUD Office of Lead-Based Paint Abatement and Poisoning Prevention 202-755-1822... 

Sells HUD publications, including Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, the basic source book for lead paint abatement and interim control, with detailed description of methods and standards used for HUD properties which serve as a model for hazard control work in private homes. 

COMPARISON OF LEAD-BASED PAINT ABATEMENT METHODS"... 

Adapted from Dewberry and Davis, HUD Lead-Based Paint Federal Housing Administration (FHA) Abatement Demonstration Project. 

Alternative facilities while abatement is occurring If a school or classroom is being abated for lead-based paint, facilities need to be identified that can be nsed while the renovation is taking place. Bathrooms and dining facilities shonld be isolated from the area of renovation. 

In 1990, the U.S. HUD issued interim guidance for lead paint identification and abatement methodologies for public and Indian housing under the above LBPPPA Amendments (55 FR 14556-14614). These guidelines were addressed to testing for lead-based paint, criteria for lead paint abatement contractor selections, specific lead paint abatement criteria and methodologies, cleanup postabatement, and waste disposal. 

In this Final Rule, U.S. HUD sets forth seven strategies for lead paint or paint hazard evaluation and hazard reduction, varying in relative stringency from least to most (1) safe work practices during rehabilitation (2) ongoing lead paint maintenance practices to assure continued intact surfaces (3) visual assessment and paint stabihzation (4) risk assessment and interim controls (as defined above) (5) combined risk assessment and lead paint inspection with interim controls (6) risk assessment and abatement of lead paint hazards and (7) lead-based paint inspection and abatement via removal of aU lead paint. 

Lead is common in older homes and buildings. Any building constructed before 1980 is a likely suspect for containing lead, since lead paint was used for many years before its health risks were fully understood. If young children eat flaking paint—a common problem—that contains lead, the health repercussions can be very serious. Structures with lead-based paint include schools, multifamily housing, single-family homes, and so on. Unfortunately, control, containment, and abatement can be extremely expensive. 

To permanently remove lead hazards, you must hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not enough. 

Planned disturbances maintenance activities, repainting, remodeling, abatement All surfaces coated with lead-based paint... 

Typically, when an abatement is performed, the housing is either unoccupied or the occupants are temporarily relocated to lead-safe housing until the abatement has been demonstrated to have been properly completed through dust clearance testing. Carpet in the housing is usually removed as part of the abatement because it is difficult to demonstrate that it is free of lead-based paint hazards. Uncarpeted floors that have not been replaced during the abatement may need to be refinished or sealed in order to... 

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