40 C.F.R. § 745.61
§ 745.61 Scope and applicability. (40 CFR Part 745)
Operative Text
(a) This subpart identifies lead-based paint hazards. (b) The standards for lead-based paint hazards apply to target housing and child-occupied facilities. (c) Nothing in this subpart requires the owner of property(ies) subject to these standards to evaluate the property(ies) for the presence of lead-based paint hazards or take any action to control these conditions if one or more of them is identified. (d) Before January 13, 2025, the levels identified in 40 CFR 745.227(e)(8)(viii) were referred to as clearance levels. On or after January 13, 2025, the levels identified in § 745.227(e)(8)(viii) are referred to as action levels.
Under 40 CFR Part 745 § 745.61, this subpart of federal regulation establishes the standards used to identify lead-based paint hazards, and those standards apply specifically to target housing and child-occupied facilities. Importantly, the subpart does not itself compel property owners to test for lead-based paint hazards or remediate any hazards that are found — it defines what constitutes a hazard rather than mandating evaluation or action. The regulation also reflects a terminology update: measurement thresholds previously called 'clearance levels' under § 745.227(e)(8)(viii) are now referred to as 'action levels' as of January 13, 2025.
Plain English — not legal advice.
Property owners and managers subject to 40 CFR Part 745 § 745.61 should understand that this subpart sets the definitional framework for lead-based paint hazards in target housing and child-occupied facilities, but does not by itself impose a duty to inspect or remediate. Compliant operators typically stay informed about which properties fall within the scope of 'target housing' or 'child-occupied facilities' and track regulatory terminology changes — such as the shift from 'clearance levels' to 'action levels' effective January 13, 2025 — because those terms appear in related compliance and disclosure obligations. Awareness of what this subpart does and does not require helps operators correctly interpret the broader lead-paint regulatory framework under 40 CFR Part 745.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in target housing or child-occupied facilities should be aware that 40 CFR Part 745 § 745.61 defines the federal standards for identifying lead-based paint hazards, even though the subpart does not independently force a landlord to test or address those hazards. Understanding this scope provision can help tenants recognize when other related federal, state, or local rules — which may carry separate evaluation or disclosure requirements — could apply to their situation. Tenants who have concerns about lead-based paint hazards may find it useful to consult a local tenant-rights organization or a housing agency familiar with how § 745.61 and related provisions interact with state and local lead-paint laws.
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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