Hazard Standards and Clearance Levels for Lead in Paint, Dust and Soil (TSCA Sections 402 and 403)
EPA’s dust-lead reportable levels (previously referred to as the dust-lead hazard standards) provide the basis for risk assessors to determine whether dust-lead hazards are present during a risk assessment or a lead hazard screen in pre-1978 homes and childcare facilities. Dust-lead action levels (previously referred to as the dust-lead clearance levels) are used to determine both when EPA recommends abatement work and when an abatement can be considered complete within EPA's lead-based paint program. Following an abatement, testing is then required to ensure dust-lead levels are below the new post-abatement dust-lead action levels before the abatement can be considered complete. These standards reduce dust-lead related risks to children in pre-1978 homes and childcare facilities (where lead abatement activities take place).
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Recent Actions
In October 2024, EPA finalized stronger requirements for how to identify and clean up lead-based paint hazards in pre-1978 homes and childcare facilities. The final rule reduced the level of lead in dust that is considered hazardous from 10 micrograms per square foot (µg/ft2) on floors and 100 µg/ft2 on window sills to any reportable level as analyzed by a laboratory recognized by EPA’s National Lead Laboratory Accreditation Program. This is being done in recognition of the fact that there is no level of lead in blood that has been found to be safe for children. The rule also lowered the amount of lead that can remain in dust on floors, window sills and window troughs after a lead paint abatement occurs to the lowest levels that can be reliably and quickly measured in laboratories from:
- 10 micrograms per square foot (µg/ft2) to 5 µg/ft2 for floors,
- 100 µg/ft2 to 40 µg/ft2 for window sills, and
- 400 µg/ft2 to 100 µg/ft2 for window troughs.
EPA also finalized changes to adopt the terms dust-lead reportable levels and dust-lead action levels as well as several other amendments, including revisions to both the definition of target housing and the definition of abatement (which now provides that EPA will recommend an abatement when dust-lead loadings are at or above the dust-lead action levels). When dust-lead loadings are at or above the dust-lead reportable levels, but below the dust-lead action levels, EPA does not recommend an abatement based on dust-lead loadings, but instead recommends using best practices such as using a vacuum with a high-efficiency particulate air (HEPA) filter on furniture and other items in the area, and regularly cleaning hard surfaces with a damp cloth or sponge and a general all-purpose cleaner.
For property owners, lead-based paint professionals and government agencies who identify dust-lead hazards in residential and childcare facilities built before 1978 and then perform an abatement, EPA's Lead-Based Paint Activities program requires individuals and firms performing the abatement to be certified and follow specific work practices.
Background and History
The 2024 final rule replaces the prior levels issued in 2001, 2019 and 2021. EPA first established dust-lead hazard standards and dust-lead clearance levels in 2001 under sections 401, 402, and 403 of the Toxic Substances Control Act (TSCA). In June 2019, EPA finalized a rule that lowered the dust-lead hazard standards to 10 μg/ft² for floors and 100 μg/ft² for window sills. The strengthened standards became effective January 2, 2020. In January 2021, EPA finalized a rule that lowered the dust-lead clearance levels to 10 μg/ft² for floors, 100 μg/ft² for window sills. The dust-lead clearance levels for window troughs remained the same at 400 μg/ft². The clearance levels became effective March 8, 2021. Finally, in July 2023, EPA proposed revising both standards again to reflect the best available science.
Historically, EPA set the same standard for the level of lead found in dust that can be considered hazardous and the amount of lead that can remain in dust on floors, window sills and window troughs after a lead paint abatement occurs. This final 2024 reconsideration rulemaking decouples the standards.
Separately, EPA has established that a seller or lessor of target housing must disclose information about lead-based paint hazards under the Section 1018 real estate disclosure regulations of the Residential Lead-based Paint Hazard Reduction Act of 1992. Please refer to those regulations for information on compliance requirements regarding the Disclosure Program.
Opportunities for Engagement
EPA will host a public webinar on the final rule on December 5, 2024, at 2:00 – 4:00 p.m. EST. During the webinar, EPA will provide an overview of the final changes to the dust-lead reportable levels, dust-lead action levels, and other amendments, as well as provide an opportunity for stakeholders to submit questions in advance on the final rule. Register for the webinar.
Additional Information
To speak to a specialist about the lead hazard standards, call the National Lead Information Center at 1 (800) 424-LEAD [5323].
- 40 CFR Part 745, Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels; Proposed Rule - 8/1/2023
- 40 CFR Part 745, Review of Dust-Lead Post-Abatement Clearance Levels; Final Rule – 1/7/2021
- 40 CFR Part 745, Review of the Dust-Lead Clearance Levels; Proposed Rule – 6/17/2020
- 40 CFR Part 745, Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint; Final Rule – 6/21/2019
- 40 CFR Part 745, Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint; Proposed Rule – 7/2/2018
- 40 CFR Part 745, Lead; Identification of Dangerous Levels of Lead; Final Rule – 1/5/2001
- 40 CFR Part 745, Lead; Identification of Dangerous Levels of Lead; Proposed Rule – 6/3/1998
- Economic Analysis of Toxic Substances Control Act Section 403: Hazard Standards (PDF)
- Risk Analysis to Support Standards for Lead in Paint, Dust, and Soil, June 1998 (EPA 747-R-97-006)
- Risk Analysis to Support Standards for Lead in Paint, Dust, and Soil: Supplemental Report, December 2000 (EPA 747-R-00-004)
- Response to Comments Final Rule, December 2000 (PDF)