Rulemaking Hearing - Lead-Based Paint

DSWM proposes to amend lead-based paint abatement regulations, outlined in CHAPTER 0400-13-01, to lower the dust-lead hazard standards to any reportable level greater than ‘zero’ as analyzed by a laboratory recognized by the National Lead Laboratory Accreditation Program (NLLAP). The amended Tennessee rule also lowers the post-abatement dust-lead clearance levels to 5 micrograms per square foot (mg/ft2), 40 mg/ft2, and 100 mg/ft2 for floors, windowsills, and troughs, respectively.

The rule also changes the nomenclature to adopt the terms dust-lead reportable levels (DLRL) to replace dust-lead hazard standards, and dust-lead action levels (DLAL) to replace clearance levels. The definition of abatement is revised so that the recommendation for action is based on dust-lead when dust-lead loadings are at or above the action levels, rather than the hazard standards. Also revised is the definition of target housing and the need for child-occupied facilities to comply with the pre-renovation education requirements. Tennessee’s lead-based paint (LBP) regulations do not compel property owners or occupants to evaluate their property or child-occupied facility for LBP hazards or to take control actions. However, if an LBP activity, such as an abatement, is performed, then Tennessee regulations apply.

A redlined version of the rule and a signed copy are available to assist public review. Comments are due by November 18, 2025, at 4:30 pm CST. The hearing will be held at 2:00 PM CDT on the 1st Floor in Conference Room 1B of the Davy Crockett Tower, 500 James Robertson Parkway, Nashville, TN 37243, and there will also be a virtual option via Microsoft Teams with citizens across the state.