Lead-Based Paint: Updating Risk Assessments for Dust-Lead Under EPA’s 2024 Rule

What Happened

Last Fall, EPA revised its dust-lead standards and standards for labs. The changes have created some confusion among lead-based paint risk assessors when they describe lab results that show reportable levels and what recommendations to make. There has also been confusion among states, HUD-grantees, and managers of housing covered by HUD’s Lead-Safe Housing Rule (LSHR).

In this blog, Unleaded Kids explains the key changes and provides specific recommendations. For more details, the Lead and Environmental Hazards Association (LEHA) published a helpful fact sheet to explain the changes.

What Does the Rule Change?

Since January 13, 2025 (may be later if EPA-authorized state or tribe, see below):

• A “dust-lead hazard” continues to mean the levels  ≥ 10 µg/ft² on floors, ≥ 100 µg/ft² on interior window sills (as it has since January 6, 2020). For all but abatement clearances, the determination continues to be based on the weighted arithmetic mean lead loading for each type of surface. After an abatement, every sample must be below the levels. See 40 CFR 745.227(h)(3)(i). 
• The term “clearance levels” for dust-lead has been replaced by “action levels” per 40 CFR 745.61(d). Until January 12, 2026, action levels are the same as dust-lead hazard standards for floors and interior window sills as well as ≥ 400 µg/ft² for window troughs per 40 CFR 745.227(e)(8)(viii).  
• The term “abatement” refers to action levels. For dust-lead, abatement means measures designed to permanently eliminate dust-lead levels to below the action levels. This becomes important on January 12, 2026, when “dust-lead hazard” and “action levels” mean different things, explicitly allowing abatement projects to leave dust-lead hazards if below the action levels.
• The “reportable level” for labs¹ must be no greater than 80% of the dust-lead action level. EPA relaxed it from the 50% where it had been for decades. A reportable level means the lab reports a specific dust-lead level and does not describe a level as “less than” or “<”. The reportable level may vary among labs.
• The term “target housing” has been expanded include zero-bedroom dwellings constructed prior to 1978 if a child less than 6 years of age resides or is expected to reside in such housing. This reflects changes made to the law in 2017. 
• References to children were changed to those under 6 years of age from those under 7 years of age to be consistent with HUD, CDC and EPA (TSCA).

On January 12, 2026 (may be later if EPA-authorized state or tribe, see below):

• The action level (previously called “clearance level”) drops to 5 µg/ft² on floors, 40 µg/ft² on interior windowsills, and 100 µg/ft² in window troughs per 40 CFR 745.227(e)(8)(viii).
• Any reportable level of dust-lead on a floor or interior window sill sample must be described as a dust-lead hazard per 40 CFR 745.65(b), even if below the action level. The weighted arithmetic mean, while still relevant, cannot be the basis of a determination per 40 CFR 745.227(h)(3)(i).
• When the dust lead levels are reported but are below the action levels, the abatement report prepared by a certified supervisor or project designer must contain mandatory language² per 40 CFR 745.227(e)(10)(vii). For floors, this will typically apply to levels between 4 and 5 µg/ft², for interior windowsills, to levels between 32 and 40 µg/ft²; and for window troughs, to levels between 80 and 100 µg/ft².

What about Authorized States and Indian Tribes?

EPA has delegated authority to implement the lead-based paint activities program to 39 states, 4 tribes,³ Puerto Rico, and the District of Columbia. For simplicity, we will call them “authorized states.”

Outside these authorized states, EPA’s rules apply. This is the situation in 11 states: Alaska, Arizona, Florida, Idaho, Montana, Nevada, New Mexico, New York, South Carolina, South Dakota, and Wyoming.

Authorized states have primary responsibility to “administer and enforce” the lead-based paint activities program EPA provides oversight to evaluate the adequacy of that effort. These jurisdictions have demonstrated to EPA, pursuant to 40 CFR Part 745 Subpart Q, that their program and rules are “at least as protective of human health and the environment as” the federal program. They can be more protective than EPA’s program.

Authorized states must update their rules within two years of effective date of EPA’s rule revisions. That can happen simply by updating references. For the new dust-lead standards rule, the deadline is January 11, 2027. For context, these revisions should have happened by January 6, 2021 when EPA lowered the dust lead hazard definition on July 9, 2019 and by March 8, 2023 when EPA did the same for dust-lead clearance levels on January 7, 2021.  If it didn’t happen, EPA has authority to withdraw authorization, though it has not acted yet on any program. 

What about projects funded by HUD or covered by HUD’s LSHR?

HUD’s Lead-Safe Housing Rule (LSHR) currently requires that properties covered by the rule must have no dust-lead hazards as defined by EPA rules, even if they are located in EPA-authorized states.

This means that if HUD does not update the LSHR at 24 CFR 35.1320(b)(2)(i), then on or after January 12, 2026, all properties in the United States that covered by the rule must have no reportable levels of dust-lead after abatement, interim controls and renovation, repair, and painting events that incidentally disturb more than the HUD-specified de minimis amount of lead-based paint in assisted housing.

Last year, HUD said it planned to propose updating its rules by February 2025, but that has not happened and may be difficult to prioritize given the tumult in federal agencies.

HUD grantees must comply with the EPA requirements. HUD has indicated it will update its guidance.

Why it Matters

Certified lead-based paint risk assessors have a dual duty: they must comply with the EPA, HUD, and state rules that apply to the properties they are assessment and they must effectively communicate to their clients (and to residents). When those rules change, they must adapt.

The situation is particularly complicated for those risk assessors working in multiple states or when the standards are not consistent.

They have already had to deal with this when EPA tightened the definitions of dust-lead hazards in 2019 and of clearance levels in 2021. Some are still in limbo where an EPA authorized state has not updated its rules. This situation is more likely to occur with this rule given the more significant changes.

Our Take

Unleaded Kids strongly supports EPA’s final rule. It was simply untenable to continue implying there were no hazards when labs reported that dust lead levels were found; it was contrary to the science and undermined the credibility of the efforts, even though it was simpler to convey.

We also like the switch to action levels since that is consistent with FDA’s approach for foods, OSHA for construction workers, and EPA for drinking water. We think CDC should consider using action level for the blood lead reference value. Consistency makes for more effective communications.

• Recommendations for EPA: Provide guidance to certified lead-based paint professionals as soon as possible. But we recognize that may be difficult given the layoffs and tumult within the federal government.
• Recommendations for HUD: Update its LSHR to match the EPA’s rules. Otherwise, by January 12, 2026, properties must have no reportable levels of dust lead, even if below the action level. In addition, advise its lead and healthy homes grantees to comply with EPA’s action levels.
• Recommendations for states: Update their rules as quickly as possible, ideally by January 12, 2026, when the key requirements in EPA’s rule apply. But we recognize that the changes may have broader implications that must be carefully considered since they alter core terms. It is particularly important for EPA-authorized states to meet the January 2027 deadline to avoid creating uncertainty.
  
  States should also proactively provide guidance to lead-based professionals working in their jurisdictions and be aware that current HUD rules require property covered by the LSHR to use any reportable levels

• Recommendations for EPA- or state-certified lead-based paint risk assessors:
  • Closely track the status of rules and guidance in each jurisdiction in which they work as well as what HUD is doing. Even if they work in states where the EPA rules apply, they need to track other lead-related rules in the state such as those affecting environmental investigations, rental registries, and lead-safe work practices. 
  • Immediately begin using the term “action levels” instead of “clearance levels,” the change to the terms “target housing” and reference to children younger than 6 years of age not 7. If it is inconsistent with state law, use both terms until resolved by the state.
  • Be sure your lab is on track to follow the new EPA LQSR Revision 4.0. The revisions will make it easier for you because you will have fewer situations where the reportable level for dust-lead is below the action level. 
  • Advise your clients that they should strive to have no reportable levels starting in 2026. For most labs, this will means dust lead levels will need to be below 80% of the action level (< 4 µg/ft² on floors, < 32 µg/ft² on interior window sills, and < 80 µg/ft² in window troughs).
  • Advise clients, including project designed and abatement contractor, involved in abatement that they must use verbatim the new dust-lead hazard statement in their reports, starting January 12, 2026, when dust-lead levels are reported by the lab but are below the action level. See endnote 2 for the mandatory language.
  • In risk assessment reports, if there are dust lead levels that exceed the action level, continue to recommend abatement as an option along with interim controls but consider omitting or moving abatement to a lower priority when levels are reportable but below the action level.
  • When including older reports in documents, consider adding a short statement about the changes in levels and terms over the past six years. While there is no duty to revise the old documents, clients would likely appreciate an explanation to avoid confusion. See below for suggested language you could use.

If you have feedback, additional suggestions, please contact Tom Neltner at tneltner@unleadedkids.org.

Suggested Language for Risk Assessments and Other Reports

This report includes documents of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint-related hazards. Over the years, EPA and states have revised and tightened the applicable standards to better protect public health. This report leaves those documents unchanged so they may be referring to outdated terms and standards. The most recent EPA changes are:

• Effective January 6, 2020, EPA tightened its dust-lead hazard standards on floors from 40 to 5 µg/ft² and from 250 µg/ft² to 100 µg/ft² on interior window sills.
• Effective March 8, 2021, EPA tightened the dust-lead “clearance levels” to match the dust-lead hazard standards for floors and interior window sills. It kept the level for window troughs at 400 µg/ft² in window troughs.
• Effective January 13, 2025, EPA:
  • Replaced the term “clearance levels” with “action levels” for dust-lead levels. Expanded the term “target housing” to include zero-bedroom dwellings constructed prior to 1978 if a child less than 6 years of age resides or is expected to reside in such housing.
  • Changed the age of children referenced in the rules from those under 7 years of age to 6 years. 
• Effective January 12, 2026, EPA:
  • Changed the dust-lead hazard level to any level reported by an accredited lab.
  • Tightened its dust-lead hazard standards on floors from 40 µg/ft² to 5 µg/ft² on floors, from 100 µg/ft² to 40 µg/ft² on interior windowsills, and from 400 µg/ft² to 100 µg/ft² on window troughs.

The 39 states, 4 tribes, Puerto Rico, and District of Columbia had additional time to update their rules to be consistent with EPA’s.  See https://www.epa.gov/lead/lead-based-paint-abatement-and-evaluation-program-overview for more information.

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1. The labs must be National Lead Laboratory Accreditation Program (NLLAP)-recognized following Laboratory Quality Standards for Recognition Revision 4.0 (LQSR 4.0). It went into effect October 23, 2024. ↩︎
2. The mandatory language is “Although the completed abatement project achieved dust-lead below action levels, some dust-lead hazards remain because any reportable level of dust-lead is considered a dust-lead hazard by the U.S. Environmental Protection Agency in a residential dwelling or child-occupied facility. In order for abatement work to be considered complete under EPA regulations, dust-lead levels must be below the action levels, which are established based on reliability, effectiveness and safety. To continue to reduce lead exposure from dust, the EPA pamphlet entitled Protect Your Family From Lead in Your Home includes recommendations such as: using a vacuum with a high-efficiency particulate air (HEPA) filter on furniture and other items returned to the work area, and regularly cleaning hard surfaces with a damp cloth or sponge and a general all-purpose cleaner. For more information on how to continue to reduce lead exposure, see Protect Your Family From Lead in Your Home.”  ↩︎
3. It has also delegated authority to  Cherokee Nation, Lower Sioux Nation, Upper Sioux Community, and Bois Forte Band. See https://www.epa.gov/lead/lead-based-paint-abatement-and-evaluation-program-overview#2. ↩︎