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40 CFR § 745.61 - Scope and applicability.

---
identifier: "/us/cfr/t40/s745.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 745.61 - Scope and applicability."
title_number: 40
title_name: "Protection of Environment"
section_number: "745.61"
section_name: "Scope and applicability."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "R"
subchapter_name: "TOXIC SUBSTANCES CONTROL ACT"
part_number: "745"
part_name: "LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d."
regulatory_source: "61 FR 9085, Mar. 6, 1996, unless otherwise noted."
cfr_part: "745"
---

# 745.61 Scope and applicability.

(a) This subpart identifies lead-based paint hazards.

(b) The standards for lead-based paint hazards apply to target housing and child-occupied facilities.

(c) Nothing in this subpart requires the owner of property(ies) subject to these standards to evaluate the property(ies) for the presence of lead-based paint hazards or take any action to control these conditions if one or more of them is identified.

(d) Before January 13, 2025, the levels identified in 40 CFR 745.227(e)(8)(viii) were referred to as clearance levels. On or after January 13, 2025, the levels identified in § 745.227(e)(8)(viii) are referred to as action levels.

[66 FR 1237, Jan. 5, 2001, as amended at 89 FR 89456, Nov. 12, 2024]