Regulations implementing the Lead-Hazard Prevention and Elimination Act were 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 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 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 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 schedule of lead-related fees can be found in Section 3322.
Effective January 6, 2020, EPA lowered the standards for lead in dust from 40 µg of lead in dust per ft² on floors and 250 µg of lead in dust per ft² on interior window sills, to 10 µg/ft² and 100 µg/ft², respectively. These standards are enforceable in the District pursuant to D.C. Official Code § 8-231.01(24)(C) and 20 DCMR §3399.
On December 21, 2020, EPA announced final action to also lower the clearance levels for lead in dust to 10 µg/ft² for floors and 100 µg/ft² for window sills. These regulations will become effective on March 8, 2021, and will be enforceable in the District pursuant to D.C. Official Code § 8-231.01(24)(C) and 20 DCMR §3399 as of that date. The 400µg/ft² clearance standard for the window troughs/wells remains the same. DOEE did not adopt the HUD assisted project lower levels for porch floors and window wells/troughs.