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  • As an agent what are my responsibilities?

    Answer Agents must ensure that: Sellers and landlords are made aware of their obligations under this rule; Sellers and landlords disclose the proper information to lessors, buyers, and tenants; Sellers give purchasers the opportunity to conduct an inspection; and Lease and sales contracts contain the appropriate notification and disclosure language…

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  • If I am renting, do I have the same opportunity to test for lead?

    Answer: Under the law, the 10-day inspection period is limited to sales transactions, but nothing prevents the renter from negotiating with the lessor to allow time for an inspection before rental. Question Number: 23002-33225 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Finding Your LEPC

    How can individuals find their LEPC? Under the Emergency Planning and Community Right-to-Know Act (EPCRA), Local Emergency Planning Committees (LEPCs) must develop an emergency response plan, review the plan at least annually, and provide information about chemicals in the community to citizens. Contact information for LEPCs is available by contacting…

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  • EPCRA implementation on Tribal Lands

    In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…

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  • Federal Facilities Complying with EPCRA 302, 304, 311, 312

    Executive Order 13693 was the most recent, and current order that required federal facilities to comply with all aspects of the Emergency Planning and Community Right-to-Know Act. On May 17, 2018, the President issued E.O. 13834 , “Executive Order Regarding Efficient Federal Operations”, which, in part, revoked E.O. 13693. Are…

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  • Does an LEPC have to consist of one individual representative from each organization?

    A Local Emergency Planning Committee (LEPC) must be representative of different groups and organizations, as described in Section 301(c). It states that, at a minimum, an LEPC must include "...representatives from each of the following groups or organizations: elected State and local officials; law enforcement; civil defense; firefighting; first aid…

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  • Liability of individuals as members of SERCs and LEPCs

    Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…

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  • How did EPA determine TPQs for EHSs?

    How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…

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  • Differences between the risk management program and EPCRA

    How do the Clean Air Act (CAA) risk management program requirements differ from the hazardous chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA)? The hazardous chemical reporting requirements under EPCRA sections 311 and 312 ( 40 CFR Part 370 ) are separate and distinct from those…

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  • Must lead-based paint inspectors be certified?

    Answer: Yes, lead-based paint inspectors must be certified by EPA or the EPA authorized program in the jurisdiction(s) in which they provide lead-based paint inspection services Question Number: 23002-33227 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Does this rule increase my liability for future lead poisoning on my property?

    Answer: In some cases, disclosure may actually reduce the owner’s liability since occupants may be able to prevent exposure from the beginning. Under the Real Estate Notification and Disclosure rule, however, sellers, landlords, or agents who fail to provide the required notices and information are liable for triple the amount…

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  • As a purchaser, am I required to conduct and finance an inspection?

    Answer: No. The EPA and HUD Real Estate Notification and Disclosure Rule simply ensures that you have the opportunity to test for lead before purchase. Question Number: 23002-33223 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Am I required to give the EPA pamphlet "Protect Your Family From Lead in Your Home" to existing tenants?

    Answer: No, but when tenants renew their leases, you must give them the pamphlet and any available reports. In other words, you must give them the same information that you are required to provide new tenants. Question Number: 23002-33215 Find a printable PDF copy of all frequent questions pertaining to…

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  • What if a seller or lessor fails to comply with these regulations?

    Answer: A seller, lessor, or agent who fails to give the proper information can be sued for triple the amount of damages. In addition, they may be subject to civil and criminal penalties. Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstandings before…

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  • Is the seller required to remove any lead-based paint that is discovered during an inspection?

    Answer: No. Nothing in the rule requires a building owner to remove lead-based paint or lead-based paint hazards discovered during an inspection or risk assessment. In addition, the rule does not prevent the two parties from negotiating hazard reduction activities as a contingency of the purchase and sale of the…

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