Legal Blog - Disclosure

 

Final Lead Hazard Rule Released

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Sep 9, 2016

Disclosures

The EPA has established tough new standards to identify what it considers dangerous levels of lead in paint, dust, and soil through its final rule on Lead Hazard Identification released Jan. 5. Although other regulations may require property owners and sellers to evaluate properties for the presence or control of lead hazards, this EPA action does not. It may, however, be incorporated into current EPA and HUD regulations in the near future.

Under these new standards, federal agencies, including Housing and Urban Development, as well as state, local and tribal governments will have new uniform benchmarks on which to base remedial actions taken to safeguard children and the public from the dangers of lead. These standards will also apply to other Federal lead provisions, such as EPA's real estate disclosure requirements presently in place for people selling or renting a home or apartment.

These hazard standards will also serve as general guidance for other EPA programs engaged in toxic waste cleanups. In addition, these standards will provide landlords, parents, and childcare providers with specific levels on which to make informed decisions regarding lead found in their homes, yards, or play areas.

Health problems from exposure to lead can include profound developmental and neurological impairment in children. Lead poisoning has been linked to mental retardation, poor academic performance and juvenile delinquency. Nearly one million children in America today have dangerously elevated levels of lead in their blood. Because of the potential dangers, any exposure to deteriorated lead-based paint presents a hazard.

Under the new standards, lead is considered a hazard if there are greater than: 40 micrograms of lead in dust per square foot on floors; 250 micrograms of lead in dust per square foot on interior window sills and 400 parts per million (ppm) of lead in bare soil in children's play areas or 1200 ppm average for bare soil in the rest of the yard.

For more info, visit the EPA lead program Web page:

http://www.epa.gov/lead/new.htm>http://www.epa.gov/lead/new.htm.
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