40 C.F.R. § 745.65
§ 745.65 Lead-based paint hazards. (40 CFR Part 745)
Operative Text
(a) Paint-lead hazard. A paint-lead hazard is any of the following: (1) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in paragraph (b) of this section. (2) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame. (3) Any chewable lead-based painted surface on which there is evidence of teeth marks. (4) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility. (b) Dust-lead hazard. Before January 12, 2026, a dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 µg/ft 2 for floors or 100 µg/ft 2 for interior window sills based on wipe samples. On or after January 12, 2026, a dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of any reportable level of lead for floors or for interior window sills based on wipe samples analyzed by an NLLAP-recognized laboratory. (c) Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million (µg/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples. (d) Work practice requirements. Applicable certification, occupant protection, and clearance requirements and work practice standards are found in regulations issued by EPA at 40 CFR part 745, subpart L and in regulations issued by the Department of Housing and Urban Development (HUD) at 24 CFR part 35, subpart R. The work practice standards in those regulations do not apply when treating paint-lead hazards of less than: (1) Two square feet of deteriorated lead-based paint per room or equivalent, (2) Twenty square feet of deteriorated paint on the exterior building, or (3) Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.
Section 745.65 of 40 CFR Part 745 establishes the federal definitions and thresholds that determine when lead-based paint, dust, and soil conditions in residential buildings and child-occupied facilities legally constitute a 'hazard.' Paint-lead hazards include deteriorated, chewable, or abraded lead paint; dust-lead hazards are defined by measurable lead concentrations on floors and window sills, with stricter standards taking effect on January 12, 2026; and soil-lead hazards are defined by lead concentrations in bare soil, particularly in play areas. The provision also points to EPA and HUD regulations for the work practice standards that govern how hazards must be addressed, while carving out small-area exemptions from those work practice requirements.
Plain English — not legal advice.
Property owners and managers operating residential buildings or child-occupied facilities generally stay familiar with the hazard thresholds defined in § 745.65, since these definitions determine when federal lead-safe work practice requirements under 40 CFR Part 745, Subpart L and 24 CFR Part 35, Subpart R are triggered. Compliant operators typically conduct periodic visual assessments for deteriorated, chewable, or abraded lead-based paint and arrange for certified professionals to perform wipe sampling when dust-lead conditions are suspected. Because the dust-lead hazard threshold changes on January 12, 2026 to any reportable level detected by an NLLAP-recognized laboratory, operators commonly review their inspection and remediation protocols in advance of that date to ensure ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 745.65, tenants in residential dwellings have a federal regulatory framework behind them that defines specific conditions — including peeling or chewed lead paint, elevated lead dust on floors and window sills, and lead-contaminated bare soil — as recognized hazards. Tenants who observe these conditions may raise the existence of a § 745.65 hazard when communicating with their landlord in writing, filing a complaint with a local housing or health authority, or contacting a tenant-rights organization for guidance on available remedies. Because the dust-lead hazard standard becomes more protective on January 12, 2026, tenants may find it useful to understand which threshold applies based on when an inspection or wipe sample was conducted.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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