40 C.F.R. § 745.67
§ 745.67 Incorporation by reference. (40 CFR Part 745)
Operative Text
Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact EPA at: OPPT Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) ASTM. ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-ASTM; www.astm.org. (1) ASTM E1728/E1728M-20, Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead Determination, Approved January 1, 2020; IBR approved for § 745.63. (2) ASTM E1792-20, Standard Specification for Wipe Sampling Materials for Lead in Surface Dust, Approved September 1, 2020; IBR approved for § 745.63. (b) [Reserved]
Section 745.67 of 40 CFR Part 745 establishes which external technical documents are officially incorporated by reference into the lead-based paint dust sampling subpart, meaning those documents carry the same regulatory weight as the rule itself. Specifically, two ASTM International standards — covering wipe sampling collection methods and wipe sampling materials for lead in surface dust — are approved for use under § 745.63. The provision also identifies where the public can inspect or obtain these incorporated materials, including the EPA's public reading room and the National Archives and Records Administration.
Plain English — not legal advice.
Property owners and managers operating under the lead-based paint dust sampling requirements of 40 CFR Part 745 should be aware that § 745.67 designates specific ASTM standards — ASTM E1728/E1728M-20 and ASTM E1792-20 — as the authoritative technical benchmarks for wipe sampling procedures referenced in § 745.63. Compliant operators generally ensure that any dust sampling conducted on their properties follows these incorporated standards, since the standards define acceptable collection methods and materials. Copies of these documents can be obtained directly from ASTM International or reviewed at the EPA's public reading room in Washington, DC.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in housing subject to lead-based paint regulations may find it useful to know that § 745.67 identifies the specific technical standards that govern how dust wipe sampling must be conducted under § 745.63. If a dust sampling inspection has been performed at a rental property, these incorporated ASTM standards set the baseline for what constitutes a proper sample collection method and material. Tenants who have questions about whether sampling was conducted correctly can review these standards through the EPA's public reading room or NARA, and may wish to consult a tenant-rights organization or housing agency for guidance on how compliance with § 745.63 is evaluated.
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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