1.2 40 CFR 745 Subpart L: Scope, Target Housing, and Child-Occupied Facilities

1.2 40 CFR 745 Subpart L: Scope, Target Housing, and Child-Occupied Facilities

Scope and Purpose of 40 CFR Part 745 Subpart L

40 CFR Part 745 Subpart L ("Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities") contains the core EPA regulations establishing procedures, discipline definitions, work practice standards, and certification requirements for lead inspections, lead hazard screen inspections, risk assessments, and abatement projects. Subpart L applies to all lead-based paint activities conducted within target housing and child-occupied facilities.

Statutory Definition of Target Housing & Specific Exemptions

Under TSCA Section 401 and 40 CFR 745.223, Target Housing is defined as any housing constructed prior to January 1, 1978. (The year 1978 is pivotal because the Consumer Product Safety Commission banned consumer sales of residential lead-based paint effective February 27, 1978).

Statutory Exemptions from Target Housing

The statute and 40 CFR 745.223 explicitly exempt four specific categories of residential properties from being classified as target housing:

1. Housing for the Elderly: Dedicated housing designed specifically for senior citizens (typically age 62 or older), UNLESS any child under six (6) years of age resides or is expected to reside in such housing unit.
2. Housing for Persons with Disabilities: Designated housing facilities for individuals with physical or mental disabilities, UNLESS any child under six (6) years of age resides or is expected to reside in the dwelling.
3. Zero-Bedroom (0-Bedroom) Dwellings: Residential units where the sleeping area is not separated from the living area. Examples include studio apartments, single-room occupancy (SRO) housing, hospital rooms, hospice facilities, and college/university dormitory rooms.
4. Certified Lead-Free Housing: Target housing units that have been inspected by a certified EPA/state Lead Inspector or Risk Assessor and determined to be free of lead-based paint (containing paint with lead < 1.0 mg/cm² and < 0.5% by weight).

Definition and Precise Criteria for Child-Occupied Facilities (COFs)

A Child-Occupied Facility (COF) expands the reach of 40 CFR Part 745 beyond residential housing into public and commercial buildings where young children spend significant time.

Statutory Multi-Tier Rule for COF Qualification

Under 40 CFR 745.223, a Child-Occupied Facility is defined as a building, or portion of a building, constructed prior to 1978, visited regularly by the same child under 6 years of age, meeting ALL of the following temporal criteria:

• The child visits on at least two (2) different days within any single week (defined as a Sunday through Saturday calendar week); AND
• Each individual daily visit lasts at least three (3) hours; AND
• The combined weekly visits for that child total at least six (6) hours; AND
• The combined annual visits for that child total at least sixty (60) hours.

Common Examples of Child-Occupied Facilities

• Daycare centers, preschools, and nursery schools operating in pre-1978 buildings.
• Kindergarten classrooms in public or private pre-1978 school buildings.
• Child-care facilities located in commercial office buildings or places of worship built before 1978.
• Dedicated pediatric clinic waiting rooms or after-school care rooms meeting the temporal threshold.

Permanent Abatement vs. Interim Controls vs. In-Place Management

The risk assessor must clearly categorize lead hazard recommendations based on regulatory definitions of abatement versus interim controls.

1. Abatement (40 CFR 745.223)

Abatement is defined as any measure or set of measures designed to permanently eliminate lead-based paint hazards. Federal rules define "permanent" as having a design life of at least twenty (20) years.

Abatement strategies include:

• Component Removal: Demolishing and replacing lead-painted building components (e.g., replacing lead-painted window sashes and frames with vinyl windows).
• Enclosure: Covering lead-painted surfaces with a durable, rigid barrier (e.g., sheetrock, drywall, aluminum cladding, or cementitious board) mechanically fastened and sealed to prevent lead dust release.
• Encapsulation: Applying a liquid coating specifically tested and formulated to form a flexible, durable bond over lead paint (must meet ASTM standards; liquid paints are NOT encapsulants).
• Soil Abatement: Excavating lead-contaminated bare soil (top 2 to 6 inches) and replacing it with clean soil, or permanently covering soil with asphalt, concrete, or permanent hardscape.
• Preparation, Cleanup, and Clearance: Mandatory containment, HEPA vacuuming, wet washing, and post-abatement clearance testing.

2. Exclusions from Abatement

Subpart L explicitly excludes the following activities from the legal definition of abatement:

• Renovation, Remodeling, Maintenance, or Repair: Work conducted for cosmetic or structural purposes that disturbs lead paint but is NOT explicitly designed to permanently eliminate lead hazards (governed by the RRP Rule under 40 CFR 745 Subpart E).
• Emergency Operations: Immediate response repairs to address sudden structural, plumbing, or electrical failures.

3. Interim Controls

Measures designed to temporarily reduce human exposure to lead-based paint hazards (design life < 20 years). Examples include paint stabilization (scraping and repainting), specialized cleaning, heavy mulching or sodding of bare soil, and visual monitoring.

Federal Hazard Standards for Dust and Soil (40 CFR 745.65)

The risk assessor compares environmental sampling results against federal hazard standards established under 40 CFR 745.65: