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 Agriculture and Natural Resources (DANR) 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 Renovation, Repair, and Painting (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 https://www.epa.gov/lead/epa-regional-contacts#RVIII for contact information. For questions regarding the state's hazardous waste rules, contact the DANR 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 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.
Disposal of Lead- and other Heavy Metal-Containing Paint Waste Debris
The disposal of lead-based paint waste, as well as paint waste containing other heavy metals, is regulated by the South Dakota DANR. 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 paint waste generated from nonresidential structures (such as public and commercial buildings, warehouses, bridges, water towers, and transmission towers) contains heavy metals that would cause the debris to be considered a hazardous waste. 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. Guidance for the proper management of paint debris is outlined in the Department's Paint Waste Removal Guidance document, available here.
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.
Pre-Renovation Education (PRE) Program information
EPA Lead Main Page and Rule TSCA 406b - Various lead information from the EPA.
EPA Locate Certified Renovation and Lead Dust Sampling Technician Firms - Database to find certified renovation and lead dust sampling firms.
EPA: Protect Your Family - Keep your family and home safe from lead.
EPA: "Renovate Right" brochure - Required to be handed out to property owners/tenants as part of PRE compliance.
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-Safe Certification - This web page contains application instructions and information that contractors and training providers need to become approved by EPA.
Locate an EPA approved training provider servicing South Dakota
Hazardous waste contractors servicing South Dakota businesses
Lead paint Testing and Removal Services in South Dakota - EPA database to locate certified inspection, risk assessment, and abatement firms.
If you have questions about this list, contact the Hazardous Waste section by e-mail or by calling (605) 773-3153.