Lead Law Update (FAQ Series): Did the EPA change the lead certification levels for obtaining a lead certification? Did the City of Philadelphia follow these changes?

We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you if you desire to become more informed of the Lead Law and its complexity.

This week we are featuring a common question:

Question: Did the EPA change the lead certification levels for obtaining a lead certification? Did the City of Philadelphia follow these changes?  Will the law be retroactive to tests already completed? 

Answer:  Yes, the EPA did change the limits (making them even harder to pass).  BUT the City of Philadelphia HAS NOT YET IMPLEMENTED THIS CHANGE. NOT YET.

 So, to minimize your risk of not failing any future lead tests, we recommend the following:

• Ensure there is no chipping or peeling paint that is visible (as always)

• Ensure that your window sills are scraped, primed, and painted (if they have older paint or are showing wear and tear)

• After you scrape, prime, and paint any suspect windows, ensure the floors below are free of dust (mop or vacuum)

If you take these additional steps, it is likely that the new EPA requirements (if implemented by the City of Philadelphia) will not impact your results.  The new EPA allowable lead levels (in micrograms per square foot) are below:

“On January 7, 2021, the U.S. Environmental Protection Agency (EPA) published a final rule revising the dust-lead post-abatement clearance levels (DLCL) from 40 µg/ft2 to 10 µg/ft2 for floors and from 250 µg/ft2 to 100 µg/ft2 for windowsills”

We do not know if the City of Philadelphia will adopt the new EPA standard. In addition, there is no information regarding the likelihood of implementation.

We have inquired with the Public Health Department but to no avail. 

Additionally, since the EPA change took effect on January 7th, 2021, it is unclear that if the City adopts the new standard, what will be the timing of implementation. Our position is that the Public Health Department would have to do a full review of EVERY lab report if they adopted it retroactively, which would be a tremendous burden on an already short staff.  In addition, since they would have already approved any lead certifications, they would have to go back and invalidate any certifications that are above the new standard. But then again, this is a big unknown…

We will keep you informed of this development once we have more information.