Last month, the EPA finalized stricter standards for removing lead paint dust from pre-1978 homes and child care centers. The standards are focused on preventing the long-term effects of lead exposure, especially for children, who they can suffer behavioral problems, low IQ, stunted growth, and other damage.

But for the first time, the agency separated two standards for testing and cleaning up lead dust levels in a property in the final rule, which Paula Cino, counsel for the National Multifamily Housing Council, said could be complicated and impossible to fulfilled by housing providers.

First, property owners should only test for lead contamination if a child shows lead exposure through a blood test or other measures. If there are signs of lead contamination, the homeowner should test the property’s lead dust levels, also known as reportable lead-dust levels. The final rule considers any amount of lead in a property to be hazardous, which would then trigger a mandatory abatement process.

Second, after the abatement process is complete, the property must meet the final rule’s clearance standards or dust-lead action levels to determine if the cleanup can be considered complete. The clearance levels for floors, sills, and gutters are 5, 40, and 100 micrograms per square foot, respectively.

Property owners only need to meet EPA permit levels to allow residents back onto the property. But those who do not completely remove all lead dust should still disclose to residents that there is a known hazardous presence of lead on the property.

“There’s a strong possibility that you’re going to have properties that are abating properly, that are doing everything they can to meet that level of clearance, and you’re still going to have a trace of lead, and you’re going to stay that way. it carries that lead hazard designation,” Cino said.

Previously, standards were set at the same level. But now, with the DLRL set at any amount and the DLAL set at a higher level, property owners or landlords are faced with the possibility that they may meet the second standard and still be forced to disclose that the DLRL does not was fulfilled. The confusion could scare off potential buyers or investors, they say.

Federal housing programs are required to disclose the known hazards of lead-based paint and lead-based paint prior to sale or rental.

Cino said disclosures about lead risks in federal housing programs could discourage people from participating and investing in the programs. This could leave the most vulnerable without affordable housing options.

“We’re operating in uncharted territory, but the concern goes on,” Cino said. “Does Carrying Lead Hazard Designation Affect Lending on Property? Will it affect people’s appetite for investing in that property just because it’s now labeled as a risk?”

Lead paint has been banned for residential use since 1978, but the EPA has estimated that 31 million pre-1978 homes still contain lead-based paint, which when chipped becomes lead dust.

Nicole Upano, the National Apartment Association’s assistant vice president for housing policy and regulatory affairs, also noted that the standards could discourage people from using certain programs even if they are quality housing.

Upano often said the standards the EPA enforces become U.S. Department of Housing and Urban Development regulations for assisted living. The new rules will thus have an “impact on affordable housing, or the affordable housing stock,” she said.

The agency estimated that its new standards would reduce lead exposure for nearly 1.2 million people annually, including 178,000 to 326,000 children under the age of 6.

But Cindy Lehnhoff, director of the National Child Care Association, expressed concern about the rule leading to the closing of child care centers.

“We are currently experiencing a shortage of child care centers and licensed homes, particularly in rural areas,” Lehnhoff said via email.

“Unfortunately, EPA’s proposed changes to tighten lead dust standards could lead to further closures of centers operating in older facilities, particularly in these underserved markets,” she added. “To avoid this, there must be funds to ensure that this standard is met.”

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In response to a request for comment, an EPA spokesman said the agency “will continue to work closely with HUD during the implementation of this final rule to try to ensure that this rulemaking does not discourage voluntary testing and participation in any federal program”.

“EPA believes in the importance of affordable housing in the United States, and this administration has taken steps to address housing affordability, including by facilitating the creation and expansion of affordable housing,” the spokesperson added.