ICR Attachment 2: 40 CFR 745, subpart E

EPA ICR No. 1669.05; OMB Control No. 2070-0158
Attachment 2
40 CFR Part 745, Subpart E

Environmental Protection Agency

§ 745.81

authority of section 5(a)(2) of the Toxic
Substances Control Act.

PART
745—LEAD-BASED
PAINT
POISIONING PREVENTION IN
CERTAIN RESIDENTIAL STRUCTURES
Subparts A–D [Reserved]
Subpart E—Residential Property Renovation
Sec.
745.80 Purpose.
745.81 Effective date.
745.82 Applicability.
745.83 Definitions.
745.84 Confidential business information.
745.85 Information
distribution
requirements.
745.86 Recordkeeping requirements.
745.87 Enforcement and inspections.
745.88 Acknowledgment and certification
statements.

Subpart F—Disclosure of Known LeadBased Paint and/or Lead-Based Paint
Hazards Upon Sale or Lease of Residential Property
745.100 Purpose.
745.101 Scope and applicability.
745.102 Effective dates.
745.103 Definitions.
745.107 Disclosure requirements for sellers
and lessors.
745.110 Opportunity to conduct an evaluation.
745.113 Certification and acknowledgment
of disclosure.
745.115 Agent responsibilities.
745.118 Enforcement.
745.119 Impact on State and local requirements.

ties: public and commercial buildings,
bridges and superstructures [Reserved].
745.230 Work practice standards for conducting lead-based paint activities: public and commercial buildings, bridges
and superstructures [Reserved].
745.233 Lead-based paint activities requirements.
745.235 Enforcement.
745.237 Inspections.
745.238 Fees for accreditation and certification of lead-based paint activities.
745.239 Effective dates.

Subparts M–P [Reserved]
Subpart Q—State and Indian Tribal
Programs
745.320 Scope and purpose.
745.323 Definitions.
745.324 Authorization of State or Tribal programs.
745.325 Lead-based paint activities: State
and Tribal program requirements.
745.326 Pre-renovation notification: State
and Tribal program requirements.
745.327 State or Indian Tribal lead-based
paint compliance and enforcement programs.
745.330 Grants.
745.339 Effective dates.
AUTHORITY: 15 U.S.C. 2605, 2607, 2681–2692
and 42 U.S.C. 4852d.
SOURCE: 61 FR 9085, Mar. 6, 1996, unless otherwise noted.

Subparts A–D

[Reserved]

Subpart E—Residential Property
Renovation
SOURCE: 63 FR 29919, June 1, 1998, unless
otherwise noted.

Subparts G–K [Reserved]
Subpart L—Lead-Based Paint Activities
745.220 Scope and applicability.
745.223 Definitions.
745.225 Accreditation of training programs:
target housing and child-occupied facilities.
745.226 Certification of individuals and
firms engaged in lead-based paint activities: target housing and child-occupied
facilities.
745.227 Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities.
745.228 Accreditation of training programs:
public and commercial buildings, bridges
and superstructures [Reserved].
745.229 Certification of individuals and
firms engaged in lead-based paint activi-

§ 745.80 Purpose.
This subpart contains regulations developed under Title IV (15 U.S.C. 26812692) of the Toxic Substances Control
Act and applies to all renovations of
target housing performed for compensation. The purpose of this subpart
is to require each person who performs
a renovation of target housing for compensation to provide a lead hazard information pamphlet to the owner and
occupant of such housing prior to commencing the renovation.
§ 745.81 Effective date.
The requirements in this subpart
shall take effect on June 1, 1999.

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§ 745.82

40 CFR Ch. I (7–1–00 Edition)

§ 745.82 Applicability.
(a) Except as provided in paragraph
(b) of this section, this subpart applies
to all renovations of target housing
performed for compensation.
(b) This subpart does not apply to
renovation activities that are limited
to the following:
(1) Minor repair and maintenance activities (including minor electrical
work and plumbing) that disrupt 2
square feet or less of painted surface
per component.
(2) Emergency renovation operations.
(3) Renovations in target housing in
which a written determination has
been made by an inspector (certified
pursuant to either Federal regulations
at § 745.226 or a State or Tribal certification program authorized pursuant to
§ 745.324) that the components affected
by the renovation are free of paint or
other surface coatings that contain
lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator
has obtained a copy of the determination.
§ 745.83 Definitions.
For purposes of this part, the definitions in § 745.103 as well as the following definitions apply:
Administrator means the Administrator of the Environmental Protection
Agency.
Emergency
renovation
operations
means renovation activities, such as
operations necessitated by non-routine
failures of equipment, that were not
planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety
or public health hazard, or threatens
equipment and/or property with significant damage.
Multi-family housing means a housing
property consisting of more than four
dwelling units.
Pamphlet means the EPA pamphlet
developed under section 406(a) of TSCA
for use in complying with this and
other rulemakings under Title IV of
TSCA and the Residential Lead-Based
Paint Hazard Reduction Act, or any
State or Tribal pamphlet approved by
EPA pursuant to 40 CFR 745.326 that is
developed for the same purpose. This
includes reproductions of the pamphlet

when copied in full and without revision or deletion of material from the
pamphlet (except for the addition or
revision of State or local sources of information).
Person means any natural or judicial
person including any individual, corporation, partnership, or association;
any Indian Tribe, State, or political
subdivision thereof; any interstate
body; and any department, agency, or
instrumentality of the Federal Government.
Renovation means the modification of
any existing structure, or portion
thereof, that results in the disturbance
of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR
745.223). The term renovation includes
(but is not limited to): the removal or
modification of painted surfaces or
painted components (e.g., modification
of painted doors, surface preparation
activity (such as sanding, scraping, or
other such activities that may generate paint dust)); the removal of large
structures (e.g., walls, ceiling, large
surface replastering, major re-plumbing); and window replacement.
Renovator means any person who performs for compensation a renovation.
§ 745.84 Confidential business information.
(a) Those who assert a confidentiality claim for submitted information must provide EPA with two copies
of their submission. The first copy
must be complete and contain all information being claimed as confidential.
The second copy must contain only information not claimed as confidential.
EPA will place the second copy of the
submission in the public file.
(b) EPA will disclose information
subject to a claim of confidentiality
only to the extent permitted by section
14 of TSCA and 40 CFR part 2, subpart
B. If a person does not assert a claim of
confidentiality for information at the
time it is submitted to EPA, EPA may
make the information public without
further notice to that person.
§ 745.85 Information distribution requirements.
(a) Renovations in dwelling units. No
more than 60 days before beginning

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Environmental Protection Agency

§ 745.86

renovation activities in any residential
dwelling unit of target housing, the
renovator shall:
(1) Provide the owner of the unit with
the pamphlet, and comply with one of
the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) In addition to the requirements in
paragraph (a)(1) of this section, if the
owner does not occupy the dwelling
unit, provide an adult occupant of the
unit with the pamphlet, and comply
with one of the following:
(i) Obtain, from the adult occupant, a
written acknowledgment that the occupant has received the pamphlet; or
certify in writing that a pamphlet has
been delivered to the dwelling and that
the renovator has been unsuccessful in
obtaining a written acknowledgment
from an adult occupant. Such certification must include the address of the
unit undergoing renovation, the date
and method of delivery of the pamphlet, names of the persons delivering
the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses
to sign, no adult occupant available),
the signature of the renovator, and the
date of signature.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(b) Renovations in common areas. No
more than 60 days before beginning
renovation activities in common areas
of multi-family housing, the renovator
shall:
(1) Provide the owner with the pamphlet, and comply with one of the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) Notify in writing, or ensure written notification of, each unit of the
multi-family housing and make the
pamphlet available upon request prior
to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe
the general nature and locations of the
planned renovation activities; the ex-

pected starting and ending dates; and a
statement of how the occupant can obtain the pamphlet, at no charge, from
the renovator.
(3) Prepare, sign, and date a statement describing the steps performed to
notify all occupants of the intended
renovation activities and to provide
the pamphlet.
(4) If the scope, locations, or expected
starting and ending dates of the
planned renovation activities change
after the initial notification, the renovator shall provide further written
notification to the owners and occupants providing revised information on
the ongoing or planned activities. This
subsequent notification must be provided before the renovator initiates
work beyond that which was described
in the original notice.
(c) Written acknowledgment. Sample
language for such acknowledgments is
provided in § 745.88. The written acknowledgments required in paragraphs
(a)(1)(i), (a)(2)(i), and (b)(1)(i) of this
section shall:
(1) Include a statement recording the
owner or occupant’s name and acknowledging receipt of the pamphlet
prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of
signature.
(2) Be either a separate sheet or part
of any written contract or service
agreement for the renovation.
(3) Be written in the same language
as the text of the contract or agreement for the renovation or, in the case
of non-owner occupied target housing,
in the same language as the lease or
rental agreement or the pamphlet.
§ 745.86

Recordkeeping requirements.

(a) Renovators shall retain and, if requested, make available to EPA all
records necessary to demonstrate compliance with this subpart for a period
of 3 years following completion of the
renovation activities in target housing.
This 3-year retention requirement does
not supersede longer obligations required by other provisions for retaining
the same documentation, including any
applicable State or Tribal laws or regulations.

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§ 745.87

40 CFR Ch. I (7–1–00 Edition)

(b) Records that must be retained
pursuant to paragraph (a) of this section shall include (where applicable):
(1) Reports certifying that a determination had been made by an inspector (certified pursuant to either Federal regulations at § 745.226 or an EPAauthorized State or Tribal certification
program) that lead-based paint is not
present in the area affected by the renovation, as described in § 745.82(b)(vi).
(2) Signed and dated acknowledgments of receipt as described in
§ 745.85(a)(1)(i), (a)(2)(i), and (b)(1)(i).
(3) Certifications of attempted delivery as described in § 745.85(a)(2)(i).
(4) Certificates of mailing as described in § 745.85(a)(1)(ii), (a)(2)(ii), and
(b)(1)(ii).
(5) Records of notification activities
performed regarding common area renovations, as described in § 745.85(b) (3)
and (4).
§ 745.87

Enforcement and inspections.

(a) Failure or refusal to comply with
any provision of this subpart is a violation of TSCA section 409 (15 U.S.C.
2689).
(b) Failure or refusal to establish and
maintain records or to make available
or permit access to or copying of
records, as required by this subpart, is
a violation of TSCA sections 15 and 409
(15 U.S.C. 2614 and 2689).
(c) Failure or refusal to permit entry
or inspection as required by 40 CFR
745.87 and TSCA section 11 (15 U.S.C.
2610) is a violation of sections 15 and
409 (15 U.S.C. 2614 and 2689).
(d) Violators may be subject to civil
and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for
each violation.
(e) EPA may conduct inspections and
issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610)
to ensure compliance with this subpart.
§ 745.88 Acknowledgment and certification statements.
(a)(1) Acknowledgment statement. As
required under § 745.85(c)(1), acknowledgments shall include a statement of
receipt of the pamphlet prior to the
start of renovation, the address of the
unit undergoing renovation, the signa-

ture of the owner or occupant as applicable, and the date of signature.
(2) Sample acknowledgment language.
The following is a sample of language
that
could
be
used
for
such
acknowledgments:

ll ll ll ll ll ll ll ll ll ll ll
lllllllllll

I have received a copy of the pamphlet, Protect Your Family From Lead In Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be
performed in my dwelling unit. I received
this pamphlet before the work began.

Printed Name and Signature

Date

Unit Address

(b)(1) Certification of attempted delivery. When an occupant is unavailable
for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the renovator is permitted (per
§ 745.85(a)(2)(i)) to certify delivery for
each instance. The certification shall
include the address of the unit undergoing renovation, the date and method
of delivery of the pamphlet, names of
the persons delivering the pamphlet,
reason for lack of acknowledgment
(e.g. occupant refuses to sign, no adult
occupant available), the signature of
the renovator, and the date of signature.
(2) Sample certification language. The
following is a sample of language that
could be used under those circumstances:
(i) Unavailable for signature.

ll ll ll ll ll ll ll ll ll ll ll
lllllllllll

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your
Family From Lead In Your Home, to the unit
listed below at the dates and times indicated, and that the occupant refused to sign
the acknowledgment. I further certify that I
have left a copy of the pamphlet at the unit
with the occupant.

Printed Name and Signature
Date

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Environmental Protection Agency

§ 745.103

Unit Address

lll lll lll lll lll lll lll lll lll lll lll

Federal certification program or under
a federally accredited State or tribal
certification program. Until a Federal
certification program or federally accredited State certification program is
in place within the State, inspectors
shall be considered qualified to conduct
an inspection for this purpose if they
have received certification under any
existing State or tribal inspector certification program. The lessor has the
option of using the results of additional test(s) by a certified inspector to
confirm or refute a prior finding.
(c) Short-term leases of 100 days or
less, where no lease renewal or extension can occur.
(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new
information described in § 745.107 has
come into the possession of the lessor.
For the purposes of this paragraph, renewal shall include both renegotiation
of existing lease terms and/or ratification of a new lease.

§ 745.100 Purpose.
This subpart implements the provisions of 42 U.S.C. 4852d, which impose
certain requirements on the sale or
lease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or
lessee the presence of any known leadbased paint and/or lead-based paint
hazards; provide available records and
reports; provide the purchaser or lessee
with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or
inspection; and attach specific disclosure and warning language to the sales
or leasing contract before the purchaser or lessee is obligated under a
contract to purchase or lease target
housing.

§ 745.102 Effective dates.
The requirements in this subpart
take effect in the following manner:
(a) For owners of more than four residential dwellings, the requirements
shall take effect on September 6, 1996.
(b) For owners of one to four residential dwellings, the requirements shall
take effect on December 6, 1996.

Attempted delivery dates and times:

(ii) Refusal to sign.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your
Family From Lead In Your Home, to the unit
listed below, and that the occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the
pamphlet at the unit by sliding it under the
door.

Printed Name and Signature
Date

Unit Address
Attempted delivery dates and times:

Subpart F—Disclosure of Known
Lead-Based
Paint
and/or
Lead-Based Paint Hazards
Upon Sale or Lease of Residential Property

§ 745.101 Scope and applicability.
This subpart applies to all transactions to sell or lease target housing,
including subleases, with the exception
of the following:
(a) Sales of target housing at foreclosure.
(b) Leases of target housing that
have been found to be lead-based paint
free by an inspector certified under the

§ 745.103 Definitions.
The following definitions apply to
this subpart.
The Act means the Residential LeadBased Paint Hazard Reduction Act of
1992, 42 U.S.C. 4852d.
Agent means any party who enters
into a contract with a seller or lessor,
including any party who enters into a
contract with a representative of the
seller or lessor, for the purpose of selling or leasing target housing. This
term does not apply to purchasers or
any purchaser’s representative who receives all compensation from the purchaser.
Available means in the possession of
or reasonably obtainable by the seller
or lessor at the time of the disclosure.
Common area means a portion of a
building generally accessible to all

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