Enforcing Lead Laws and Regulations
The goal of the Environmental Protection Agency’s (EPA) enforcement and compliance assurance program is to protect public health, deter would-be violators, and level the playing field for companies that follow our nation’s laws related to lead exposure and contamination. The EPA's regulatory lead programs implement the lead laws and regulations associated with lead-based paint, renovations, and repairs, lead pipes, and cleanup.
The legacy of toxic lead exposure disproportionately affects communities with environmental justice concerns, especially those with a higher concentration of low-income households. The EPA uses its authority to take enforcement actions to correct this environmental injustice.
The EPA, working with other federal agencies, and its state, local, and tribal partners, have authority under multiple environmental laws and regulations to prevent or reduce expose to lead in the air, water, and soil. Information on these programs is available from the agency's Lead website.
The information below highlight EPA’s efforts through its enforcement and compliance programs to ensure that companies and individuals that violate federal laws addressing exposure to lead in paint, soil, water, or air, or whose actions may endanger human health and the environmental are held accountable.
- Lead in Paint
- Lead Paint Enforcement and Compliance Activities
- Lead in the Environment
- Regional Geographic Initiatives
- Memorandums of Understanding Between EPA, Department of Housing and Urban Development, and Department of Health and Human Services
- 2024 National Lead Poisoning Prevention Week Enforcement and Compliance Activities
Lead in Paint
The single largest cause of childhood lead poisoning is from exposure to lead from deteriorated or disturbed lead paint. Nearly 30% of homes in the United States, mostly those built before 1978, have lead-based paint. Millions of people, especially those communities overburdened by pollution with potential environmental justice concerns, continue to be exposed to lead in their homes, childcare facilities, and in other buildings where lead-based paint is in deteriorating conditions (peeling, chipping, cracking, or damaged).
Lead paint is a severe burden on underserved communities. In 2023, EPA issued the Environmental Justice Toolkit for Lead Paint Enforcement Programs (pdf) . This toolkit provides enforcement strategies and best practices for engaging communities about lead paint enforcement activities, targeting inspections in overburdened communities; and seeking effective legal remedies to enhance environmental justice.
EPA inspects worksites and records of renovation firms, abatement firms, property managers, landlords, and real estate agents for compliance with lead-related environmental laws and regulations. The agency enforces violations through civil administrative actions and works with the U.S. Department of Justice (DOJ) and its U.S. Attorneys to take civil judicial actions and prosecute criminal actions on EPA’s behalf.
Lead Paint Enforcement and Compliance Activities
The cases highlighted below are examples of recent compliance assistance initiatives and civil and criminal enforcement activities. These case summaries show the breadth of EPA’s lead-based paint work to address violations in a variety of homes and schools. Enforcement actions can take different forms under three lead-based paint rules: Renovation, Repair & Painting (RRP); Lead Activities (Abatement), and Lead Disclosure (for real estate transactions). Actions include civil penalty or criminal prosecution of firms that fail to safely perform renovation or abatement projects in homes and daycares and real estate owners or agents who fail to disclose lead-based paint information to renters and buyers. EPA also issues administrative orders to clean up imminent hazards from lead based paint under the Resource Conservation and Recovery Act.
Legacy Builders/Developers Corp – New York, New York: EPA and the Department of Justice reached a settlement for with Legacy Builders/Developers Corp for violations of the RRP Rule at hundreds of apartments in New York City. Many of the buildings are in areas burdened with pollution and with potential environmental justice concerns. In addition to paying $168,000 penalty, Legacy agreed to host lead paint safety education sessions for tenants, provide a worker training session, and distribute facts sheets on RRP certification requirements for contractors to landlords and property managers.
Accel Schools Ohio LLC – Warren, Ohio: EPA issued an imminent and substantial endangerment order under the Resource Conservation and Recovery Act to Accel Schools Ohio LLC to address lead paint concerns and asbestos at three of its schools in Ohio: Youngstown Academy of Excellence (1408 Rigby St., Youngstown); Niles Preparatory Academy (45 Chestnut Ave., Niles); and STEAM Academy of Warren (261 Elm Road, Warren). The order requires Accel to take the following actions:
- Restrict access to the school buildings. Certain areas of the buildings can begin to open once testing confirms the area is free of asbestos and lead paint hazards.
- Notify parents of the concerns.
- Fully assess and abate asbestos and lead-based paint hazards.
- Pella Windows and Doors, LLC – Baton Rouge, LA: EPA reached a settlement agreement with Pella Windows and Doors, LLC for violation of the RRP Rule requirements with the window and door company. In addition to paying a penalty of $54,000, Pella agreed to:
- Conduct a lead safety audit at its Baton Rouge operation,
- Host an online seminar on lead safety compliance, that includes nationwide distributors,
- Provide EPA a demonstration of its lead safe compliance application, and
- Host a seminar for subcontracted lead safe certified installers of distributors.
VareCo, LLC – Denver, Colorado: EPA reached a settlement agreement with VareCo, LLC, a private investment firm for violations of the RRP Rule requirements. The company paid a penalty of $125,000. VareCo performed renovations at six multi-unit rental housing properties in and around Denver, Colorado, all built prior to 1978. VareCo failed to:
- Obtain initial firm certification from EPA prior to performing renovations on target housing,
- Assign a certified renovator to each renovation,
- Retain all documentation necessary to demonstrate compliance with lead-safe work practices for renovations, and
- Obtain written acknowledgement of receipt of the Renovate Right pamphlet prior to renovations.
Read more: EPA cites Denver building owner for not following lead-safe renovation requirements
Williamsville Rental Properties and Vin7, LLC – Buffalo, New York: In November 2023, Angel Elliot Dalfin, owner of Williamsville Rental Properties and Vin7, LLC, was sentenced for criminal violations of residential lead-based paint hazardous reduction regulations. Violations leading to the conviction included making false documents as part of the sale of the properties in the city of Buffalo. Mr. Dalfin was ordered to pay $115,000 in restitution to property owners and serve five years’ probation, which included eight months of home confinement with electronic monitoring and 600 hours of community service at Habitat for Humanity. Vin7, LLC, sold 23 properties in the City of Buffalo, New York, all of which were built prior to 1978 and in areas with potential environmental justice concerns. As part of the sale, Dalfin executed Lead-Based Paint Rider and Disclosure forms, on which he falsely stated that the lead-based paint hazards at the properties were unknown and that he had no records pertaining to lead-based paint hazards at the properties.
Read more: Property Owner Sentenced for lying about lead hazards
- Investigation of RRP Rule and Real Estate Disclosure Rule violations at Privatized Military Housing: In FY 2024, EPA continued its efforts to increase the compliance of property management companies with the RRP Rule and Real Estate Notification and Lead Disclosure Rule (LDR) to protect military families living in privatized military housing. In FY 2024, the lead-based paint investigations resulted in administrative case resolutions, noncompliance notifications, and formal advisory letters in four EPA Regions with the following companies: Squire Contracting, LLC (Region 1); Fresh Start Cleaners NYC (Region 2); E&J Painting, LLC (Swann Painting) (Region 7); and Frontier Contractors, Dynamic Renovation Contractors LLC, A. & L. Aluminum Mfg. Co., Inc., KJP LLC, and RC Roofing & Renovations.com (Region 8). Violations included failure to:
- Obtain EPA lead-safe firm certification,
- Maintain records documenting compliance, and
- Comply with pre-renovation education requirements.
EPA also conducted 19 compliance monitoring activities at 18 military installations in FY24. This work ensures that our service members and their families are protected from exposure to lead-based paint in their homes on military bases.
Lead in the Environment
Lead in Soil
Storage, Disposal and Cleanup of Hazardous Wastes Containing Lead
To ensure that wastes containing lead are managed in a manner that does not endanger human health or the environment, EPA enforces requirements under the Resource Conservation and Recovery Act (RCRA) regarding the safe handling, treatment, storage, and disposal of wastes containing lead. The EPA and states verify compliance with these requirements by inspecting facilities, reviewing records, and taking enforcement action where necessary.
RCRA also includes authority for EPA to require the cleanup of certain lead contamination. RCRA clean-ups may be implemented through permits and administrative orders. Since 1984, EPA has issued hundreds of RCRA cleanup orders, many of which address lead contamination. In some cases (e.g., at some smelters and refineries), lead was the primary contaminant or risk-driver addressed by the order. Similar to Superfund cleanups, cleanups using RCRA authorities can be complex and take several years to complete.
Lead at Superfund Sites
The EPA used the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as “Superfund”) to address lead contamination and reduce lead exposure in many communities. These cleanups are often large and complicated and can take many years to complete. In fiscal year 2024, the EPA engaged in numerous Superfund cleanups that addressed lead contamination, which contributed to the Agency’s long-term performance goal of completing 225 Superfund cleanup projects by September 30, 2026. Learn more about lead at Superfund Sites. Read more about cleaning up Superfund Sites
Lead in Drinking Water
Control of lead in drinking water is regulated under the Safe Drinking Water Act (SDWA). Public water systems must comply with the national primary drinking water regulations. These regulations include health-based standards and monitoring and reporting requirements.
In June 2024, EPA issued a compliance advisory titled Manufacturers and Importers May Be Liable for Plumbing Products not Certified as “Lead Free” to the regulated community notifying them of the certification requirements and prohibitions under SDWA section 1417 for the sale and use of plumbing products that do not meet EPA’s lead free definition. The advisory aims to keep lead containing plumbing products off commercial shelves to better protect children, who are most vulnerable to the adverse health effects from lead exposure, and their families. To assist in EPA’s SDWA 1417 enforcement work, EPA purchased a new X Seeker 8000 Benchtop X-ray Computed Tomography System. In addition to purchasing the X Seeker 8000 in September 2023, EPA purchased a handheld X-Ray Fluorescence Analyzer in July 2024 to further support SDWA section 1417 targeting and enforcement work.
Lead in Air
Control of lead air emissions from stationary and mobile sources is authorized under the Clean Air Act (CAA). The CAA requires major stationary sources, such as manufacturers, processors, refiners, and utilities, to obtain operating permits and install pollution control equipment and to meet specific emissions limitations. The major sources of lead emissions into the air are ore and metals processing and leaded aviation gasoline. Other stationary sources are waste incinerators, utilities, and lead-acid battery manufacturers.
In July 2022, the EPA purchased a new XACT 625i, an ambient continuous multi-metals monitor, to assist state, local, and tribal enforcement programs in targeting facilities that emit lead into the air. In addition, the monitoring data will be used for source characterization, targeting and case development for sources with lead air emissions.
The tool was used starting April 2024 to assist the Environmental Protection Commission of Hillsborough County, FL in a lead monitoring project to characterize the air quality outside a secondary lead smelter facility to determine whether lead (Pb) and toxic metals concentrations were above the acute, intermediate, and chronic health benchmarks and measure concentrations on non-scheduled sampling days.
Regional Geographic Initiatives
EPA’s regional offices direct enforcement resources to communities, and in particular, communities with environmental justice concerns to help address exposures to lead. These efforts include outreach to renovators and apartment owners; lead awareness outreach to communities and tenants; compliance inspections and follow-up enforcement actions to ensure changes in behavior; and penalties for non-compliance.
EPA has taken hundreds of actions resulting in not only increased compliance with the laws pertaining to safe renovation practices and lead-based paint abatement, but have included a number of other results including criminal convictions and fines; civil penalties; large abatement projects; national and local public service announcements to warn residents of the hazards of exposure to lead-based paint; blood lead level testing in impacted communities, training for renovators, and more.
For an overview of the enforcement cases in your area, you can select the regional office report below:
- Region 1 Boston (serving CT, ME, MA, NH, RI, and VT)
- Region 2 New York City (serving NJ, NY, Puerto Rico, the U.S. Virgin Islands and 8 federally recognized Indian Nations)
- Region 3: Philadelphia (serving DE, DC, MD, PA, VA, WV and 7 federally recognized tribes)
- Region 4: Atlanta (serving AL, FL, GA, KY, MS, NC, SC, and TN)
- Region 5: Chicago (serving IL, IN, MI, MN, OH, and WI)
- Region 6: Dallas (serving AR, LA, NM, OK, and TX)
- Region 7: Kansas City (serving IA, KS, MO, and NE)
- Region 8: Denver (serving CO, MT, ND, SD, UT, and WY)
- Region 9: San Francisco (serving AZ, CA, HI, NV, American Samoa, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia, Guam, Marshall Islands, and Republic of Palau)
- Region 10: Seattle (serving AK, ID, OR, WA and 271 native tribes)
Memorandum of Understanding between EPA, Housing and Urban Development, and Health and Human Services
On February 26, 2024, EPA, with its federal partners – the departments of Housing and Urban Development (HUD) and Health and Human Services (HHS) – agreed to two memoranda of understanding (MOU) to ensure that children, especially those at high risk, are not exposed to human health risks from lead hazards. This “whole of government” approach supports the commitments made by the three federal agencies in their strategic plans and strengthens their shared work.
The first MOU between EPA and HUD reaffirms a 1997 agreement on coordinating their enforcement efforts addressing lead-based paint hazards in housing.
The second MOU creates a pilot program between EPA’s Region 3 (Mid-Atlantic states), HUD, and the Center for Disease Control (CDC), which is part of HHS. The program will facilitate information sharing about communities with high blood lead levels or higher lead exposure risks, in Pennsylvania, Maryland, Virginia, West Virginia, and the District of Columbia, which makes up Region 3’s geographical area.
The two MOUs are available to download from the Lead Paint Information Resources box on the top of this page.
2024 National Lead Poisoning Prevention Week Enforcement and Compliance Activities
During the annual National Lead Poisoning Prevention Week (October 20 – 26 2024), the EPA takes a whole of agency approach to highlight the agency’s work to safe guard children and adults from the dangers of lead poisoning. The 2024 EPA theme is "Bright futures begin lead-free” because we all want bright futures for our children and communities. EPA’s enforcement and compliance office works year-round to ensure compliance with our nation’s laws and regulations and to raise awareness about protecting families from exposure to lead and lead-based paint.
In FY 2024 the enforcement and compliance program’s public outreach on enforcement efforts to protect communities from exposure to lead included the publications summarized below.
In June 2024, EPA issued a fact sheet titled “EPA Enforces Lead-Based Paint Laws to Protect You and Your Family” to inform the public about what the EPA does to protect children and families from exposure to lead-based paint. The fact sheet also highlights your rights and responsibilities when buying or renting a home, how to report a violation of EPA’s lead protection regulations, and additional information.
On October 8, 2024, EPA issued the SDWA section 1417 compliance advisory titled “Failure to Comply with Certain New Safe Drinking Water Act Lead and Copper Rule Requirements May Result in Federal Enforcement.” The advisory is intended to alert the regulated community of new requirements that came into effect on October 16, 2024 under the Lead and Copper Rule Revisions (LCRR). All Public Water systems subject to the LCRR should have completed an inventory of all their service lines and will be notifying any costumers who are served by a lead service line, galvanized line requiring replacement or an unknown service line.
On October 21, 2024, the EPA and HUD presented a webinar, “Know Your Rights! An Overview of Federal Lead-based Paint Regulations” regarding lead-paint disclosure and renovation, remodeling, and painting regulations. The purpose of the webinar is to provide leasee and owners of pre-1978 housing information about the lead-based paint disclosure rule and the renovation, repair, and painting rules, including how you can report violations of those rules.
On October 25, 2024, the EPA issued an enforcement alert titled “Enforcement Alert: EPA Enforces Lead Renovation, Repair, and Paint Regulations Against Violators.” The purpose of the alert is to inform commercial franchise owners about the wide range of enforcement tools the EPA can use to deter and penalize violators.