40 C.F.R. § 745.235
§ 745.235 Enforcement. (40 CFR Part 745)
Operative Text
(a) Failure or refusal to comply with any requirement of § 745.225, § 745.226, § 745.227, or § 745.233 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by § 745.225, § 745.226, or § 745.227 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (c) Failure or refusal to permit entry or inspection as required by § 745.237 and section 11 of TSCA (15 U.S.C. 2610) is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (d) In addition to the above, any individual or firm that performs any of the following acts shall be deemed to have committed a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). These include the following: (i) Obtaining certification through fraudulent representation; (ii) Failing to obtain certification from EPA and performing work requiring certification at a job site; or (iii) Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification. (e) Violators are subject to civil and criminal sanctions pursuant to section 16 of TSCA (15 U.S.C. 2615) for each violation.
Under 40 CFR Part 745 § 745.235, noncompliance with the lead-based paint disclosure, recordkeeping, and renovation rules referenced in this subpart constitutes a prohibited act under the Toxic Substances Control Act (TSCA). This includes failing to maintain or provide required records, blocking government inspections, and obtaining or using certifications through fraud. Each individual violation can expose the responsible party to both civil penalties and criminal sanctions under TSCA section 16.
Plain English — not legal advice.
Property owners and managers covered by 40 CFR Part 745 § 745.235 generally maintain complete and accurate records as required by the companion sections, keep those records accessible for regulatory review, and ensure that any contractors performing lead-based paint activities hold valid, legitimately obtained EPA certifications. Operators who manage these compliance functions consistently reduce exposure to the prohibited-act designations that trigger TSCA civil and criminal enforcement. Blocking or impeding an authorized inspection is itself a separate prohibited act under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 40 CFR Part 745 § 745.235, tenants have an interest in knowing that landlords and their contractors are meeting federal lead-based paint requirements, including proper certification and recordkeeping. If a tenant believes these obligations are not being met — for example, if renovation work is being performed by uncertified workers or required disclosures were never provided — they can file a complaint with the EPA, which has enforcement authority under TSCA. Tenant-rights organizations and local housing agencies can also help residents understand what records and disclosures they are entitled to receive under the related provisions of 40 CFR Part 745.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.