EPA Announces It Will Enforce Lead-Based Paint Safety Requirements Against Property Managers

Under proposed revised EPA guidance announced on November 5, 2021, Property Management Companies (PMCs) may be subject to EPA enforcement under the Toxic Substances Control Act (TSCA) and the Lead Renovation, Repair and Painting (RRP) rule for improper lead-based paint renovations, repairs, or painting performed by a contractor on pre-1978 buildings containing target housing¹ or child-occupied facilities². Additionally, PMCs must now obtain EPA certification even if the work is exclusively performed by a certified contractor.

Specifically, the EPA proposes removing two published responses to Frequently Asked Questions (FAQs) which had previously provided assurance to PMCs that: (1) a PMC did not need to obtain firm certification for itself or renovator certification for an employee if none of its employees "do the work" of the renovation; and (2) if a PMC hires a certified firm to perform a renovation and the firm violates the RRP rule, the PMC would not be the