Lead-Based Paint Removal and Disposal
Effective April 2010
Many structures built before 1978 have paint that contains lead. Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint. Lead from paint, chips, and dust can pose serious health hazards to children and adults, if not taken care of properly. The U.S. Environmental Protection Agency (EPA) has developed rules to ensure health risks are minimized during renovation of buildings that contain lead-based paint. The South Dakota Department of Environment and Natural Resources (DENR) has rules in place to ensure these materials are disposed of properly.
This web site provides a summary of the U.S. Environmental Protection Agency's (EPA) Pre Renovation Education (PRE) and RRP regulations. It also provides information regarding the state’s rules to properly dispose of lead-based paint waste. If you have specific questions regarding the PRE and RRP regulations, please contact EPA Region VIII . Visit http://www.epa.gov/region8/toxics/leadpnt/ for contact information . For questions regarding the state’s hazardous waste rules, contact the DENR Waste Management Program’s Hazardous Waste section at 1.605.773.3153.
Lead-Based Paint Renovation
In order to minimize potential lead hazards from renovation or repair activities, Federal law requires a two step process. The first step is that contractors must provide lead information to residents before renovating or repairing pre-1978 housing. This is known as the Pre-Renovation Education (PRE) Program. It requires contractors to give property owners and tenants a pamphlet titled “Renovate Right”, before starting work. The second step is known as the Renovation, Repair and Painting Rule. This rule requires contractors be certified and follow lead-safe work practices.
Pre-Renovation Education (PRE) Program information
- EPA: Pre-Renovation Lead Information Rule TSCA 406b – Final Rules and policies.
- EPA: "Renovate Right" brochure (PDF: 3,250 KB/ 20 pages) – Required to be handed out to property owners/tenants as part of PRE compliance.
- Receipt of Lead Pamphlet Form (PDF: 164KB/ 1 page) - Contractors can use this form as documentation that property owners/tenants received the "Renovate Right" brochure from them.
Renovation, Repair and Painting (RRP) Rule information
- EPA: Renovation, Repair and Painting Rule – Final Rules and Policies
- EPA: Remodeling or Renovating a Home with Lead-Based Paint – Tips for conducting remodeling or renovation activities
- EPA: Lead-Paint Safety (PDF: 1,300KB/ 84 pages) – A field guide for painting, home maintenance and renovation work.
- EPA: Renovator and Trainer Toolbox - This web page contains application instructions and information that contractors and training providers need to become approved by EPA.
Links to EPA Approved Training in South Dakota
Locate a training provider outside South Dakota
Lead-Based Paint Waste Disposal
The disposal of lead-based paint waste is regulated by the South Dakota DENR. Wastes generated by industrial businesses, commercial businesses, and government institutions are subject to regulation under South Dakota’s Hazardous Waste Rules. Commercial business owners and removal contractors are required to determine if lead-based paint waste, generated from nonresidential structures (such as public and commercial buildings, warehouses, bridges, water towers, and transmission towers) is considered a hazardous waste, as defined by South Dakota’s hazardous waste rules. Disposal options and applicable management requirements for collected debris will be based upon whether the waste stream is considered a hazardous waste and the amount of debris generated. Removal contractors and building owners need to include these factors when preparing and responding to bid specifications.
Residential lead-based paint waste (including but not limited to, lead-based paint debris, chips, dust, and sludges) generated by contractors and home-owners as a result of activities such as the abatement, rehabilitation, renovation, and remodeling in homes and other residences (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) is not subject to regulation under South Dakota’s hazardous waste rules. Residential lead-based paint waste may be disposed of at a permitted municipal solid waste landfill. However, large quantities, or concentrated lead-based paint debris, generated by contractors during lead abatement, remodeling, or rehabilitation work may be subject to the landfill operator's approval for disposal.
DENR's Waste Management staff can assist commercial business owners and removal contractors with questions regarding the disposal of lead-based paint debris. For assistance with disposal options for lead-based paint debris, please contact the Waste Management Program at 1.605.773.3153.
Hazardous waste contractors servicing South Dakota businesses