Lead Test Kit 

Stakeholder Meeting 

EPA Background Presentation 

June 4, 2015
• Meeting Objectives

• Statutory Authority

• Lead Test Kit Background 

• FY 2015 Appropriations Bill

• Key Questions to Stakeholders

• Next Steps

Overview

6/4/2015 U.S. Environmental Protection Agency 2
Meeting Objectives

EPA is seeking information regarding:

• The existing market for lead test kits as 

referenced in the 2008 Lead Renovation, Repair 

and Painting (RRP) Rule

• The development or modification of lead test 

kit(s) that may meet EPA’s RRP Rule criteria

• Other alternatives for lead-based paint field 

testing

6/4/2015 U.S. Environmental Protection Agency 3
Statutory Authority

TSCA section 402(c)(3) directs EPA to revise the lead 

abatement regulations under 402(a) to apply to 

renovation or remodeling activities that create leadbased paint hazards in target housing 

(most pre-1978 housing)

6/4/2015 U.S. Environmental Protection Agency 4
Lead Test Kit Background

• In April 2008, EPA issued a final Lead; Renovation, 

Repair and Painting Rule under the Toxic Substances 

Control Act section 402(c)(3)

• The 2008 RRP Rule (effective in 2010) regulated 

renovation, repair and painting activities in target 

housing, which is most pre-1978 housing, and childoccupied facilities (COFs) in which young children 

spend a significant amount of time

6/4/2015 U.S. Environmental Protection Agency 5

Reference: http://www2.epa.gov/lead/lead-renovation-repair-and-painting-program-rules
• The 2008 RRP Rule allows certified renovators to use 

EPA-recognized lead test kit to determine if leadbased paint is present at or above regulated levels

• If lead-based paint is not present, there is no 

requirement to employ lead-safe work practices 

under RRP

• The federal standard for lead-based paint is a lead 

content in paint that equals or exceeds 1.0 mg/cm2

lead or 0.5 percent lead by weight

Lead Test Kit Background

6/4/2015 U.S. Environmental Protection Agency 6
RRP Rule Criteria

The RRP Rule established lead test kit performance 

recognition criteria: 

• Lead test kits recognized prior to September 30, 2010

– Must meet negative response criterion of no more than 5% false 

negatives, with 95% confidence for paint containing lead at or above 

the regulated level

– Recognition of such kits will last until EPA publicizes its recognition of 

first lead test kit to meet both the negative response and positive 

response criteria outlined in 2008 RRP rule

• Lead test kits recognized after September 30, 2010

– Must meet both the negative response criterion AND positive 

response criterion of no more than 10% false positives, with 95% 

confidence, as related to the regulated level

– No lead test kit has been developed that meets the positive criterion

6/4/2015 U.S. Environmental Protection Agency 7
Other Lead Test Kit Considerations

• Qualitatively speaking, lead test kits 

recognized by EPA should also serve as a 

quick, inexpensive, reliable, and easy to 

perform option for lead-based paint testing in 

the field

6/4/2015 U.S. Environmental Protection Agency 8
EPA’s Environmental Technology 

Verification Program

• EPA fostered the development of new lead test kit technology 

to meet the 2008 RRP Rule criteria

• EPA provided initial technical R&D resources to interested 

manufacturers

• Four manufacturers submitted lead test kits to EPA’s ETV 

Program

• EPA paid for these lead test kits to complete the ETV Program

• No lead test kits met both criteria, one lead test kit (D-Lead®) 

did meet the negative criterion

6/4/2015 U.S. Environmental Protection Agency 9
EPA-Recognized Lead Test Kits

• Three lead test kits are currently recognized by EPA 

for the negative criterion 

– 3MTM LeadCheckTM (commercially available)

– D-Lead® (commercially available)

– State of Massachusetts test kit (available through the state 

to MA State Certified Lead Inspectors and Risk Assessors)

6/4/2015 U.S. Environmental Protection Agency 10
FY 2015 Appropriations Bill

Directs EPA to:

• Prioritize efforts with stakeholders to identify 

solutions that would allow for a test kit to meet 

the criteria within the 2008 RRP Rule 

• Revisit the test kit criteria in the 2008 rule and 

solicit public comment on alternatives, if no 

solution is reached by the end of the fiscal year 

2015

6/4/2015 U.S. Environmental Protection Agency 11
Key Questions for Stakeholders

Lead Test Kit Market

1. Do you use lead test kits?

a. If so, approximately how often do you use lead test kits per year? 

b. If not, what prevents you from using lead test kits?

c. If not, what would cause you to use lead test kits?

2. How does your use of lead test kits compare with assuming lead- based paint is present?

3. How does your use of lead test kits compare with XRF testing for 

lead-based paint?

4. How does your use of lead test kits compare with sending paint 

samples to a National Lead Laboratory Accreditation Program lab 

for testing?

6/4/2015 U.S. Environmental Protection Agency 12
Key Questions for Stakeholders

State of the Science

5. Besides what has been presented here today, are you aware 

of any lead test kits in development?

6. Are you aware of challenges that have been encountered in 

developing new lead test kits?

6/4/2015 U.S. Environmental Protection Agency 13
Key Questions for Stakeholders

Lead Test Kit Alternatives

7. Are you aware of other field technologies that could be used 

in lieu of lead test kits?

a. Specifically, are you aware of portable atomic stripping 

voltammetry?

b. Are you aware of other colorimetric methods?

6/4/2015 U.S. Environmental Protection Agency 14
Next Steps

• Optional written comments related to lead test kits 

may be submitted to the docket by July 6, 2015

– Docket ID number: EPA-HQ-OPPT-2005-0049-1439

• EPA may schedule individual meetings with lead test kit 

developers and manufacturers to further discuss lead 

test kit developments and/or alternatives, as 

appropriate 

• EPA will determine the next steps based on the input 

received though stakeholder engagement

6/4/2015 U.S. Environmental Protection Agency 15
Thank you

Toiya Goodlow

goodlow.toiya@epa.gov

(202) 566-2305

6/4/2015 U.S. Environmental Protection Agency 16