EPA Final Rules to Reduce Lead Exposure: Lead and Copper Rule Improvements, Lead-Based Paint Dust Standards

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, January 14, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide counsel through the two rules recently issued by the EPA to reduce exposure to lead in homes and drinking water. The panel will discuss the impacts of the rules on affected entities such as water systems, property owners, childcare facilities, and landlords.
Faculty

Mr. Almanzar is an attorney in Holland & Knight's New York office and a member of the firm's Public Policy & Regulation Group. He is licensed to practice in New York and New Jersey. Mr. Almanzar is a knowledgeable environmental and regulatory attorney with prior professional experience as an environmental scientist. He represents clients on a wide range of environmental legal and policy matters across industry sectors, including real estate, transportation, manufacturing, technology and renewable energy. Mr. Almanzar's work includes supporting environmental due diligence for corporate and real estate transactions, regulatory compliance and permitting, enforcement defense, oil spill investigations and cleanups, federal Superfund allocation proceedings, cost-recovery and toxic tort litigation, and contaminated property/brownfields remediation. His work is centered on providing practical and efficient legal solutions to the range of environmental and regulatory challenges that can arise in the course of business. In addition, Mr. Almanzar counsels clients on issues arising under federal and state laws, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), New Jersey Industrial Site Recovery Act (ISRA), New York Oil Spill Act (Article 12 of the Navigation Law), challenges to administrative actions under Article 78 of New York's Civil Practice Law and Rules (CPLR), New York State Environmental Quality Review Act (SEQRA), and numerous local municipal laws, such as New York City's local laws.

Mr. Nesteroff is a preeminent environmental lawyer with extensive experience representing clients in environmental litigation, agency negotiations, property acquisition and leasing issues, and counseling clients on risk and compliance. During his 31 years at Lane Powell, he has represented clients in litigation claims involving hazardous material investigations, cleanups and cost recovery at sites in Washington, Oregon and Alaska. He has obtained a several million-dollar cost recovery judgment on behalf of one client and a defense verdict in another cost recovery case. Mr. Nesteroff has also represented clients in litigation involving public records and obtained a favorable court of appeals ruling on a previously-untested exemption in the Washington Public Records Act. He regularly negotiates with agencies and private parties concerning stormwater permit and hazardous material reporting compliance issues, and advises clients on property transactions, including leasing, acquisition and redevelopment. Mr. Nesteroff is a frequent speaker on environmental due diligence, stormwater and real estate issues, and is an author of three chapters, and supplements, in the Washington Real Property Deskbook (4th ed.) on Energy Development, Waste, and Nuisance and Trespass in Land Use Cases; the Environmental Considerations chapter in the Washington Construction Law Deskbook; and annual supplements to Vol. 23 & 24 of Washington Practice: Environmental Law and Practice (2nd ed.).
Description
The EPA recently finalized two critical rules aimed at mitigating lead exposure risks. These rules introduce stringent measures to reduce lead exposure from paint and drinking water, with implications for property owners, public water systems, and counsel.
The first of these rules, the Lead and Copper Rule Improvements (LCRI), issued on Oct. 8, 2024, requires the full replacement of lead service lines within the next 10 years and sets forth stricter testing and communication protocols for public water systems.
The second rule, issued on Oct. 24, 2024, tightens the standards for lead paint dust in homes and childcare facilities built before 1978, significantly lowering the allowable levels of lead dust to better protect vulnerable groups, particularly children.
Counsel need to understand the legal and practical implications of these new regulations, as well as implementation challenges and compliance strategies.
Listen as our expert panel guides practitioners through the new rules to mitigate lead exposure, discusses the likelihood of revisions to the rules by the incoming presidential administration, and provides best practices for legal counsel advising clients affected by these rules.
Outline
- Introduction: history and context
- Lead exposure risks and previous regulations
- A Community Voice v. U.S. EPA
- EPA's regulatory approach and recent updates
- Lead-based paint dust rule
- Key provisions and changes in the rule
- Impact on property owners and childcare facilities
- Compliance requirements and timelines
- LCRI
- Overview and objectives
- Key components
- Implementation and enforcement
- Compliance strategies and best practices
- Reporting and recordkeeping
- Advising clients on risk management and mitigation
- Other legal considerations
- Interplay with state and local laws
- Likelihood of changes by incoming presidential administration
- Potential for legal challenges
Benefits
The panel will discuss these and other key issues:
- What are the financial hurdles to implementation of the LCRI?
- What suitable alternatives exist to lead service lines?
- What does the lead-based paint dust rule require property owners and residents to do?
- What are the practical implications of the new lead-based paint dust rule?
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