40 C.F.R. § 745.88
§ 745.88 Recognized test kits. (40 CFR Part 745)
Operative Text
(a) Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of Standards and Technology research to meet the negative response criteria described in paragraph (c)(1) of this section. This recognition will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria in paragraph (c) of this section. (b) No other test kits will be recognized until they are tested through EPA's Environmental Technology Verification Program or other equivalent EPA approved testing program. (1) Effective September 1, 2008, to initiate the testing process, a test kit manufacturer must submit a sufficient number of kits, along with the instructions for using the kits, to EPA. The test kit manufacturer should first visit the following website for information on where to apply: http://www.epa.gov/etv/howtoapply.html. (2) After the kit has been tested through the Environmental Technology Verification Program or other equivalent approved EPA testing program, EPA will review the report to determine whether the required criteria have been met. (3) Before September 1, 2010, test kits must meet only the negative response criteria in paragraph (c)(1) of this section. The recognition of kits that meet only this criteria will last until EPA publicizes its recognition of the first test kits that meets both of the criteria in paragraph (c) of this section. (4) After September 1, 2010, test kits must meet both of the criteria in paragraph (c) of this section. (5) If the report demonstrates that the kit meets the required criteria, EPA will issue a notice of recognition to the kit manufacturer, provide them with the report, and post the information on EPA's website. (6) If the report demonstrates that the kit does not meet the required criteria, EPA will notify the kit manufacturer and provide them with the report. (c) Response criteria—(1) Negative response criteria. For paint containing lead at or above the regulated level, 1.0 mg/cm 2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative response less than or equal to 5% of the time. (2) Positive response criteria. For paint containing lead below the regulated level, 1.0 mg/cm 2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a positive response less than or equal to 10% of the time.
Under 40 CFR Part 745 § 745.88, the EPA establishes a formal recognition process for lead paint test kits used in housing and renovation contexts. Kits must be verified through the EPA's Environmental Technology Verification Program or an equivalent approved program, and they must meet statistical accuracy thresholds—specifically, limits on how often a kit incorrectly signals the absence or presence of lead at regulated levels. The recognition framework evolved over time, with kits initially required to meet only a 'negative response' accuracy standard, and later required to satisfy both negative and positive response criteria after September 1, 2010.
Plain English — not legal advice.
Property owners and managers who rely on lead paint test kits for compliance purposes under 40 CFR Part 745 § 745.88 generally use only EPA-recognized kits that have passed the required verification testing. Compliant operators confirm that any kit they use appears on EPA's posted list of recognized products, since unrecognized kits do not satisfy the federal standard. Keeping records of which recognized kit was used, when, and by whom is a practice commonly associated with maintaining a defensible compliance record 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 § 745.88, tenants have an interest in knowing whether any lead paint testing conducted in their home used an EPA-recognized test kit, since results from unrecognized kits may not meet federal accuracy standards. If a tenant has concerns about whether proper, federally recognized testing was performed, they can request documentation of the kit used and cross-reference it against EPA's publicly posted list of recognized products. Tenant-rights organizations, local housing agencies, or a rent board (where applicable) can be starting points for understanding how this provision intersects with disclosure and habitability obligations in a given locality.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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