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2013 Lead Regulations Finalized

Thursday, December 26, 2019

Regulations implementing the Lead-Hazard Prevention and Elimination Act have been published in the July 26, 2013, issue of the D.C. Register, and become effective as of that date, as well as the amendments to the lead screening and reporting regulations, also published in the same issue.  These regulations can be read at and printed from the link below.

Here is a summary of some of the most important features of these regulations, along with guidance as to where to find them in the regulations:

  • There is a new DOEE renovation permit requirement in cases of work in pre-1978 housing or in a child-occupied facility built before 1978 that disturbs more than 500 square feet of paint, or when the work disturbing paint will cost more than $20,000.  Some exceptions to this requirement are also listed.  See Section 3310 of the regulations for details.
  • Several sections provide details about the new DC lead discipline known as the Dust Sampling Technician.  Training providers are strongly encouraged to add this discipline to their course accreditations.  The Dust Sampling Technician is an entry-level position for which individuals can qualify relatively easily.  Their services are likely to offer an attractive price point for property owners and managers.  See among others, Section 3307.8,  Section 3309 and Section 3310.6.
  • Section 3302 spells out in detail what DC law requires with respect to the use of lead-safe work practices.
  • The definition of a “lead-free unit” is further clarified in several provisions, for example in Sections 3313.5, 3314.5, 3314.6 and 3314.7.
  • DOEE now has a definition of the term “regularly visits,” which is listed in Section 3399.
  • There are exceptions to the general requirement for a DOEE lead abatement permit whenever an abatement activity is to be performed.  Those exceptions are announced in Section 3316.1 and are detailed in Section 3316.2.
  • Requirements related to the raze or demolition of a pre-1978 building are addressed in Sections 3316.3 and 3316.4.
  • DOEE’s updated schedule of lead-related fees can be found in Section 3322.

The District of Columbia will adopt the new dust-lead action levels from 40 µg/ft2 for floors and 250 µg/ft2 for window sills, to 10 µg/ft2 for floors and 100 µg/ft2 for window sills effective January 6, 2020. Please note that the EPA and District of Columbia clearance examination levels have not changed.

- Online Dust Sampling Form

- Understanding the District’s Lead Laws

- Schedule of Fines