Here’s a brief overview in my own words:

To amend the original Lead Based Paint law of 1978, the EPA has added new guidelines for the safe removal of lead particles in homes built prior to 1978.  Lead is a natural material found throughout the world.  It was most commonly used in commercial manufacturing of paint up until the 1950’s when latex paint hit the market. It was also used in residential plumbing, windows, doors, as well as heating and cooling components.  Phased out in the 1950’s and 1960’s it was eventually prohibited by law in 1978 due to repeated research findings indicating that even minute quantities of lead were extremely hazardous to the human neurological system, particularly in children under the age of six.

Since children are most easily exposed to lead through paint dust or fumes from the burning of wood that contains lead-based paints, the EPA issued specific guidelines in 1978 to prohibit lead from being used in commercial paints. The intent of the new 2010 law is to further prevent exposure by specifying environmentally safe procedures for the handling and disposal of lead in and around older homes that may still contain lead from years ago.

In a nutshell, if you own or intend to purchase a home built prior to 1978 and you do any renovations that affect 20 square feet of exterior space or 6 square feet of interior space, the new law may apply to you. 

If you wish to read the entire 79 page law, click here.  Otherwise, here are my highlights taken directly from the EPA website:

Intent of the Law

Therefore, in taking into account safety, this final rule regulates renovation and remodeling activities relative to the TSCA section 403 hazard standard, with the purpose of minimizing exposure to such hazards created during renovation and remodeling activities….Additionally, EPA has interpreted practicality in implementation to be an element of the statutory directive to take into account effectiveness and reliability. In particular, EPA believes that given the highly variable nature of the regulated community, the work practices required by this rule should be simple to understand and easy to use.

WHAT:  Beginning on April 22, 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.

Target Housing: Target housing’’ is defined in section 401 of TSCA as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-dwelling housing.  (According to the National Association of Realtors interpretation, 0-dwelling homes = barracks, dorms, studios and efficiency apartments.)

Renovation: 40 CFR 745.83, defines a ‘‘renovation’’ as the modification of any existing structure, or portion of a structure, that results in the disturbance of painted surfaces.

Examples of Renovation Projects included in the law:

• Paint removal by abrasive sanding.
• Removal of large structures, including demolition of interior plaster walls.
  • Window replacement.
  • Carpet removal.
  • HVAC repair or replacement, including duct work.
  • Repairs resulting in isolated small surface disruptions, including drilling and sawing into wood and plaster.

(According to the NAR, power-washing of older homes may also be considered disruptive to lead paint although it is not specified in the law itself.)

WHO:  NAR interprets this law to potentially affect the following: contractors or anyone “compensated to do work on” homes built prior to 1978. This also includes Property Managers/Landlords who do their own work.  Compensation could also be interpreted as anyone who reduces rents for tenants who do their own work.

 The law states that the potentially affect may include but is not limited to:

• Building construction (NAICS code 236), e.g., single family housing construction, multi-family housing construction, residential remodelers.
• Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air-conditioning contractors, painting and wall covering contractors, electrical contractors, finish carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo contractors, glass and glazing contractors.
• Real estate (NAICS code 531), e.g., lessors of residential buildings and dwellings, residential property managers.
• Child day care services (NAICS code 624410).
• Elementary and secondary schools (NAICS code 611110), e.g., elementary schools with kindergarten classrooms.
• Other technical and trade schools (NAICS code 611519), e.g., training providers.
• Engineering services (NAICS code 541330) and building inspection services

Exemptions:  NAR states that the following are exempt from the new law:

• 0-dwelling homes – studios, dorms, barracks, efficiency apartments
• Homes that have a cleared inspection report dated April 2010 or later  
• Do-it-yourselfers – on your own homes only, not tenant occupied properties
• Painting over – Provide that no previous paint is disturbed by sanding, scraping or power-washing

 The law states that the following exemptions are allowed:

 …this regulation contains an exception for renovations in owner-occupied target housing where no child under age 6 or pregnant woman resides, so long as the housing does not meet the definition of ‘‘child-occupied facility.’’ To claim this exception, the renovation firm must obtain, before beginning the renovation, a signed statement from the owner of the housing that states that the person signing is the owner of the housing to be renovated, that he or she resides there, that no child under age 6 or pregnant woman resides there, that the housing is not a child-occupied facility, and that the owner understands that the renovation firm will not be required to use the work practices contained in this rule.

Certified Professionals: A certified professional is any contractor that has been trained under the new guidelines and has documentation of certification.  To become a certified renovator, a person must successfully complete a renovator course accredited by EPA or by a State, Territorial, or Tribal program authorized by EPA.

 Does everyone need to be certified?: No, simply trained by a certified renovator.

 Other renovation worker training. This final rule does not require everyone involved in performing a regulated renovation project to receive training from an accredited training provider. To allow flexibility for firms undertaking these projects, the rule allows firms to use other workers to perform renovation activities as long as they receive on-the-job training (OJT) in work practices from a certified renovator. This training must include instruction in the specific work practices that these workers will be responsible for performing.

 HOW:  There are pages and pages of procedures for each particular situation but the overall guidelines specify that certified renovators:

1. Must have signs present to notify of lead paint hazard
2. Must contain the work area sufficiently to prevent leaking of dust particles and water run-off (like hanging plastic barriers around the room, covering outside grounds with plastic or tarps, etc.)
3. Must dispose of protective barriers properly according to Hazmat guidelines (like inside trash bags disposed of by normal methods of trash collection)
4. Must clean area with HEPA filtration systems and water-based follow-up cleaning

The final rule requires renovation firms to use precautions to ensure that all personnel, tools and other items, including the exteriors of containers of waste, to be free of dust and debris before leaving the work area. There are several ways of accomplishing this. For example, tacky mats may be put down immediately adjacent to the plastic sheeting covering the work area floor to remove dust and debris from the bottom of the workers’ shoes as they leave the work area, workers may remove their shoe covers (booties) as they leave the work area, and clothing and materials may be wet-wiped and/or HEPA-vacuumed before they are removed from the work area

Prohibited practices:  Contrary to what the media has reported, hand scraping is allowed.  The law states:

 Based on the results of the Dust Study and in response to the voluminous persuasive public comments, this final rule prohibits or restricts the use of the following practices during renovation, repair, and painting activities that are subject to the work practice requirements of this rule:

• Open-flame burning or torching.  
• Machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control.
• Operating a heat gun above 1100 degrees Fahrenheit.

NOTE: This final rule does not prohibit or restrict the use of dry hand scraping.

Documentation Requirements: Most Realtors and attorneys will tell you that documentation is paramount.  NAR will be instituting new guidelines for Realtors selling homes built prior to 1978.  The biggest change will be that any and all documentation of lead paint testing and lead paint removal is now considered material fact.  In other words, if you as a homeowner do any work after April 2010 or have tests done regarding lead based paint you are required by law to disclose those facts on the Sellers Disclosure and the Lead-based paint disclosure. 

The law: This final rule also requires firms performing renovations to retain documentation of compliance with the work practices and other requirements of the rule. Specifically, the firm must document that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by this final rule, and that the certified renovator performed the post-renovation cleaning verification. This documentation must include a copy of the certified renovator’s training certificate. Finally, the documentation must include a certification by the certified renovator that the work practices were followed with narration as applicable. The certification must include the specific information listed in § 745.86(b)(7). The firm must keep this information for 3 years after the completion of the renovation.

For more information on this new law and its potential impact on you as a homeowner or landlord, here’s the entire law.  Fast forward to pages 71-73 for procedural guidelines.

But if you live in a home built prior to 1978 chances are there is lead in your home.   Knowing the facts about lead will help you make more informed decisions about how you address its presence.

Since I am a Realtor and not a Environmental Safety Expert, I rely on Home Inspectors, University research and the Environmental Protection Agency to arm myself and my clients with the latest data.

According to the Environmental Health and Safety Center of Stanford University:

Due to its abundance, low cost and physical properties (low melting point, corrosion resistance, waterproof nature and malleability) lead and lead compounds have been utilized in a variety of products including:

United States regulatory agencies have banned the use of lead compounds in some products linked to public health disease or environmental damage, such as gasoline additives, soldered food cans, household paints and toys. Lead-acid batteries account for about two thirds of the lead still used in the U.S. today. 50% of those batteries are produced with recycled lead.

When you go to buy or sell a home in South Carolina built prior to 1978, you will be required to sign Form 315: Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Addendum for Agreement to Buy and Sell Real Estate.  Prior to signing this form your agent will explain lead hazards and give you a pamphlet that highlights the most common areas of concern in and around the home.

Here’s the latest information from the EPA:

Sources of Lead

Lead-based paint, contaminated soil, dust, and drinking water.

Lead Health Effects

Lead affects practically all systems within the body. Lead at high levels (lead levels at or above 80 micrograms per deciliter of blood) can cause convulsions, coma, and even death. Lower levels of lead can cause adverse health effects on the central nervous system, kidney, and blood cells. Blood lead levels as low as 10 micrograms per deciliter can impair mental and physical development.  EPA’s Integrated Risk Information System profile on Lead and Lead Compounds – epa.gov/iris/subst/0277.htm

The effects of lead exposure on fetuses and young children can be severe. They include delays in physical and mental development, lower IQ levels, shortened attention spans, and increased behavioral problems. Fetuses, infants, and children are more vulnerable to lead exposure than adults since lead is more easily absorbed into growing bodies, and the tissues of small children are more sensitive to the damaging effects of lead. Children may have higher exposures since they are more likely to get lead dust on their hands and then put their fingers or other lead-contaminated objects into their mouths.

Steps to Reduce Exposure to Lead

• Keep areas where children play as dust-free and clean as possible.
• Leave lead-based paint undisturbed if it is in good condition; do not sand or burn off paint that may contain lead.
• Do not remove lead paint yourself.
• Do not bring lead dust into the home.
• If your work or hobby involves lead, change clothes and use doormats before entering your home.
• Eat a balanced diet, rich in calcium and iron.

Keep areas where children play as dust-free and clean as possible.

Mop floors and wipe window ledges and chewable surfaces such as cribs with a solution of powdered automatic dishwasher detergent in warm water. (Dishwasher detergents are recommended because of their high content of phosphate.) Most multi-purpose cleaners will not remove lead in ordinary dust. Wash toys and stuffed animals regularly. Make sure that children wash their hands before meals, nap time, and bedtime.

Reduce the risk from lead-based paint.

Most homes built before 1960 contain heavily leaded paint. Some homes built as recently as 1978 may also contain lead paint. This paint could be on window frames, walls, the outside of homes, or other surfaces. Do not burn painted wood since it may contain lead.

Leave lead-based paint undisturbed if it is in good condition, do not sand or burn off paint that may contain lead.

Lead paint in good condition is usually not a problem except in places where painted surfaces rub against each other and create dust (for example, opening a window).

Do not remove lead paint yourself.

Individuals have been poisoned by scraping or sanding lead paint because these activities generate large amounts of lead dust. Consult your state health or housing department for suggestions on which private laboratories or public agencies may be able to help test your home for lead in paint. Home test kits cannot detect small amounts of lead under some conditions. Hire a person with special training for correcting lead paint problems to remove lead-based paint. Occupants, especially children and pregnant women, should leave the building until all work is finished and clean-up is done.

For additional information dealing with lead-based paint abatement contact the Department of Housing and Urban Development for the following two documents: Comprehensive and Workable Plan for the Abatement of Lead-Based Paint in Privately Owned Housing: Report to Congress (December 7, 1990) and Lead-Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing (September 1990).

Do not bring lead dust into the home.

If you work in construction, demolition, painting, with batteries, in a radiator repair shop or lead factory, or your hobby involves lead, you may unknowingly bring lead into your home on your hands or clothes. You may also be tracking in lead from soil around your home. Soil very close to homes may be contaminated from lead paint on the outside of the building. Soil by roads and highways may be contaminated from years of exhaust fumes from cars and trucks that used leaded gas. Use door mats to wipe your feet before entering the home. If you work with lead in your job or a hobby, change your clothes before you go home and wash these clothes separately. Encourage your children to play in sand and grassy areas instead of dirt which sticks to fingers and toys. Try to keep your children from eating dirt, and make sure they wash their hands when they come inside.

Find out about lead in drinking water.

Most well and city water does not usually contain lead. Water usually picks up lead inside the home from household plumbing that is made with lead materials. The only way to know if there is lead in drinking water is to have it tested. Contact the local health department or the water supplier to find out how to get the water tested. Send for the EPA pamphlet, Lead and Your Drinking Water, for more information about what you can do if you have lead in your drinking water.

• Call EPA’s Safe Drinking Water Hotline (800-426-4791) for more information.

Eat right.

A child who gets enough iron and calcium will absorb less lead. Foods rich in iron include eggs, red meats, and beans. Dairy products are high in calcium. Do not store food or liquid in lead crystal glassware or imported or old pottery. If you reuse old plastic bags to store or carry food, keep the printing on the outside of the bag.

Of course, since the 1970′s it has been deemed a hazardous material and is no longer widely used or produced in the United States (although still widely exported from Canada and Brazil.)

The exterior siding of this home is made from an asbestos composite material

Homes built prior to the 1970′s often contain some forms of asbestos, mainly in flooring and cement tile siding.  As a home owner it is important to understand how this can affect you and your family.

Since I am a Realtor and not an Environmental Safety expert, I always rely on Home Inspectors, university research and the Environmental Protection Agency to help my clients make the right decisions.  It all begins with understanding the facts.

According to the Environmental Health and Safety Center at Stanford University:

• Asbestos is only a hazard when small particles become airborne, are inhaled and deposited within the lungs. Increased incidence of several illnesses … have been observed in individuals who were persistently exposed to high levels of airborne asbestos in work environments such as mining, milling, shipbuilding, construction and manufacturing.
  

• Asbestos-containing materials in buildings pose no risk to health unless asbestos fibers become airborne and are inhaled. Intact, sealed and undisturbed materials are not a hazard. Construction products in good condition will not release asbestos particles into the air.  Hard products such as vinyl floor tile and cement shingles contain binders that completely encapsulate the asbestos for added protection. Asbestos in soft products such as pipe insulation may be completely sealed within a canvas or steel jacket. Walls, ceilings and floors may also act as barriers that separate occupied building areas from asbestos products found in mechanical rooms, crawlspaces and attics.

If you suspect asbestos in a home that you are buying or selling, don’t panic.  Most of the time it is a non-issue. In fact many home owners with asbestos siding choose to keep it in place.  Like lead based paints, as long as it is contained it poses no threat.  It’s only when its crumbled, burned (if possible) drilled, crushed, etc that it will release any hazardous materials.   Since it is very resistant to moisture and insulates very well, it can actually help keep energy bills down.

For more detailed information about mitigation, click here to go to the EPA’s website.