June 01, 2017

This Old (Pre–1978) House: Lead-Based Paint Regulation and Enforcement under TSCA

John Jacus and Dean Miller

Although the United States Environmental Protection Agency’s (EPA’s) Renovation, Repair and Painting (RRP) Rule, 40 C.F.R. Part 745—requiring renovators to follow lead-safe work practices when their renovation work disturbs lead-based paint (LBP)—was adopted in 2008 and became fully effective in 2010, it was not until the last several years that EPA has made a particularly strong push to enforce it. With last year’s consent decree with Sears Home Improvement Products and more than 120 other enforcement actions against renovation contractors large and small to its credit, EPA appears to be signaling very loudly that, after eight years since the rule’s promulgation, renovators’ compliance with the RRP Rule is not optional, and enforcement is a very high priority.

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