Information About Specific State Laws and Regulation
for Lead Paint Hazards and Renovation in New England
STATE REGULATION CONSIDERATION FOR NEW ENGLAND RENOVATORS:
NEW ENGLAND - The US Environmental Protection Agency Has Additional Resources About Lead in New England at
VERMONT - Renovators Must Follow Specific State Lead Regulations. For More Information, See Vermont Department of Health Lead Information Website at
The Full Text of the Vermont Regulations for Lead Control Are Available at
NEW HAMPSHIRE - Renovators Must Follow Specific State Lead Regulations. For More Information, See the New Hampshire Childhood Lead Poisoning Prevention Program (CLPPP) Website at
MAINE - Renovators Must Follow Specific State Lead Regulations. See the Maine Department of Environment Protection Website for More Information About Lead Hazard Prevention at
MASSACHUSETTS - IMPORTANT NOTE FOR RENOVATORS:
Common renovation, repair and painting activities, including those involving sanding, sawing, grinding, scraping or demolishing lead-painted components can produce exposures to lead-containing dust and chips that can be harmful to adults and children. To protect against this exposure risk, the U.S. Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) Rule, 40 CFR 745, Subpart E, and it became effective on April 22, 2008. The RRP Rule, which is currently in effect in all states that have not received EPA approval to administer their own lead-safe renovation programs, applies to renovation, repair and painting work conducted for a fee that disturbs more than de minimis amounts of lead paint in pre-1978 housing and child-occupied facilities. Under the RRP Rule, contractors who perform regulated work must receive certification from EPA, use job supervisors who have one day of lead safety training from EPA-approved trainers and follow specified lead-safe work practices.
On July 9, 2010, the Massachusetts Division of Occupational Safety (DOS) received EPA authorization to administer its own standards for renovation, repair and painting work in target housing and child-occupied facilities, in lieu of the RRP Rule being enforced by the EPA in Massachusetts. These standards were published in the Massachusetts Register as amendments to DOS’ deleading regulations, 454 CMR 22.00, on July 9, 2010. Consequently, contractors and other entities that were previously required to comply with the RRP Rule are now required to comply with the corresponding requirements of 454 CMR 22.00. Many of the renovation-related requirements of 454 CMR 22.00 are similar to, or the same as the corresponding requirements of the RRP Rule, although there are some differences.
FOR MORE INFORMATION ABOUT MASSACHUSETTS LEAD REGULATIONS, SEE
SPECIAL CONSIDERATIONS FOR VERMONT RENOVATORS:
Vermont Has It’s Own Lead Paint Laws That Operate Independently From Federal Law
Vermont passed the “Essential Maintenance Practices” (commonly referred to as “EMP”) law some years back. Among other requirements, the law requires owners and contractors to use lead safe practices when working on pre-1978 rental housing and child occupied facilities. Persons who are covered by this rule must be certified by completing a 4 hour EMP course in addition to the RRP certification course required by EPA.
For information about lead safety programs and laws in Vermont, see the Lead Safe Vermont Homepage at
For the schedule and locations of EMP courses, see the Lead Safe Vermont EMP Schedule at
Renovators and Contractors Must Follow Local Ordinances
Vermont towns and cities can pass their own local laws and may incorporate the federal RRP rule into a local ordinance. For instance, the City of Burlington has adopted the federal RRP rule as part of their Lead Safety Ordinance. This ordinance has been implemented and it allows the City of Burlington to enforce not only the RRP Rule requirements, but the State of VT Essential Maintenance Practices Law as well. Contractors must provide proof of RRP certification when applying for permits related to work on pre-1978 homes and child occupied facilities.
Contractors must also provide a completed “post-renovation RRP checklist” to close out their permit. The Burlington Lead Program at the Community Economic Development Office (CEDO) is an excellent source of information regarding the city’s Lead Safety Ordinance and other services available to residents of Burlington and Winooski.
FOR MORE INFORMATION ABOUT THE BURLINGTON LEAD PROGRAM:
Renovators Must Abide By State Solid Waste Disposal Regulations
The Waste Management Division in the VT Department of Environmental Conservation oversees with the disposal of waste and hazardous materials. In general, if waste generated from a commercial non-residential site is deemed to contain lead based paint, then the waste must be shipped to a commercial hazardous waste treatment, storage, and disposal facility or managed through a local solid waste district collection facility or event that accepts hazardous waste from conditionally exempt generators. NOTE: Since household hazardous waste is exempt from regulation under the VHWMR, lead paint chips that are generated at a RESIDENTIAL property may be disposed of as ordinary household garbage. However, DEC regulators have indicated that it would be preferable to dispose of lead contaminated waste in the same manner as if it were generated at a commercial site. For more information, contact the VT Waste Management Division at (802)241-3888 or try the following links:
DEC Waste Management Division Home Page
“Managing Lead Containing Paint Waste” fact sheet
“Conditionally Exempt Generator Handbook”
Vermont Hazardous Waste Management Regulations
New England Lead Solutions
PO Box 98
South Royalton VT 05068
CONTACT US FOR MORE INFORMATION: