Evaluation of the EPA’s Oversight of Authorized State Lead-Based Paint Programs

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Date Issued

Wednesday, July 16, 2025

Submitting OIG

Environmental Protection Agency OIG

Agencies Reviewed/Investigated

Environmental Protection Agency

Report Number

25-E-0042

Report Description

Why We Did This Report

The U.S. Environmental Protection Agency Office of Inspector General conducted this evaluation to determine whether the EPA verifies that EPA-authorized state lead-based paint programs continue to meet regulatory requirements after initial authorization. We initiated this evaluation in response to an anonymous OIG Hotline complaint.

Summary of Findings

The EPA is not verifying that authorized state lead-based paint programs remain at least as protective of human health and the environment as the federal programs and that the programs provide adequate enforcement after initial program authorization. Without changes to the EPA’s oversight procedures, authorized state lead-based paint programs may not adequately protect public health, and children may suffer adverse and irreversible health effects.

Report Type

Inspection / Evaluation

Agency Wide

Yes

Number of Recommendations

Questioned Costs

Funds for Better Use

Report updated under NDAA 5274

Open Recommendations

This report has 4 open recommendations.

Recommendation Number	Significant Recommendation	Recommended Questioned Costs	Recommended Funds for Better Use
1	No	$0	$0
In coordination with the assistant administrator for Enforcement and Compliance Assurance, develop guidance that: a. Directs regional offices to conduct the periodic adequacy evaluations required by 40 C.F.R. 745.324(g) for lead-based paint programs and specifies the expected frequency of the periodic evaluations and the programmatic elements required to evaluate the adequacy of an authorized lead-based paint program. Doing so will help verify that authorized state programs remain at least as protective of human health and the environment as the federal programs after initial authorization. b. Provides examples of what might constitute a "significant change" in the content or administration of an authorized lead-based paint program as it relates to 40 C.F.R. 745.324(h)(1). This will help the EPA to specify the types of program changes that authorized states must report to their EPA regional offices. c. Provides examples of when the withdrawal process under 40 C.F.R. 745.324(i) may be warranted for an authorized lead-based paint program. Doing so will help EPA staff communicate the circumstances that could result in a recommendation for authorized state program withdrawal to the delegated EPA official.
2	No	$0	$0
In coordination with the assistant administrator for Enforcement and Compliance Assurance, clarify the headquarters and regional offices' oversight roles and responsibilities regarding state implementation of authorized Lead-Based Paint Activities; Lead Renovation, Repair, and Painting; and Pre-Renovation Education programs consistent with 40 C.F.R. 1.5 and EPA policy memorandums. With a clear understanding of roles and responsibilities, the EPA can more effectively implement its oversight functions.
3	No	$0	$0
In coordination with the assistant administrator for Chemical Safety and Pollution Prevention, develop guidance that: a. Directs regional offices to conduct the periodic adequacy evaluations required by 40 C.F.R. 745.324(g) and specifies the expected frequency of the periodic evaluations and the enforcement elements required to evaluate the adequacy of an authorized program. Doing so will help verify that authorized state programs continue to provide adequate enforcement after initial authorization. b. Provides examples of what might constitute a "significant change" in the content or administration of an authorized lead-based paint program as it relates to 40 C.F.R. 745.324(h)(1). This will help the EPA to specify the types of program changes that authorized states must report to their EPA regional offices. c. Provides examples of when the withdrawal process under 40 C.F.R. 745.324(i) may be warranted for an authorized lead-based paint program. Doing so will help EPA staff communicate the circumstances that could result in a recommendation for authorized state program withdrawal to the delegated EPA official.
4	No	$0	$0
In coordination with the assistant administrator for Chemical Safety and Pollution Prevention, clarify the headquarters and regional offices' oversight roles and responsibilities regarding state implementation of authorized Lead-Based Paint Activities and Lead Renovation, Repair, and Painting, and Pre-Renovation Education programs consistent with 40 C.F.R. 1.5 and EPA policy memorandums. With a clear understanding of roles and responsibilities, the EPA can more effectively implement its oversight functions.