On July 1, 2026, the New York City Department of Health and Mental Hygiene (DOHMH) will hold a virtual public hearing on its proposed regulations to lower the thresholds for lead-contaminated dust, following revisions to the federal thresholds by the U.S. Environmental Protection Agency (USEPA) that became effective in January 2026. DOHMH’s lead dust standards apply to buildings used or occupied by children under 18 and are relevant in two scenarios: determining when there is lead-contaminated dust for which DOHMH can issue an abatement order (such as after notice of a child with an elevated blood lead level), and determining when lead-based paint abatement is complete based on dust wipe clearance testing.

According to DOHMH’s proposed regulations, New York City already has the most stringent thresholds for lead-contaminated dust in the nation; however, New York City law requires an adjustment to these standards when the USEPA or U.S. Department of Housing and Urban Development revises the federal thresholds.

USEPA established two lead dust standards: one for determining whether lead dust hazards are present during a risk assessment or lead hazard screen (called the “dust-lead reportable level” or “DLRL”), and one for satisfying post-abatement dust wipe clearance requirements (called the “dust-lead action level” or “DLAL”). USEPA’s standards apply to housing and child-occupied facilities, such as daycares, constructed before 1978.

USEPA’s new lead dust hazard screening DLRL standard is more stringent than its new dust wipe clearance DLAL standard. The DLRL sets a reportable dust-lead threshold that is greater than or equal to the lowest value that can reliably be reported to a client or the regulated community by a laboratory accredited by the National Lead Laboratory Accreditation Program (NLLAP). The DLRL standard is therefore not static and is subject to change, although NLLAP-accredited laboratories must currently be able to detect lead in dust at 4 micrograms of lead per square foot (μg/ft²). USEPA’s new post-abatement DLAL standard is 5 μg/ft² on a floor, 40 μg/ft² on window sills, and 100 μg/ft² on window wells. This is a greater than 50 percent reduction from the previous federal clearance levels, and it now aligns with the current pre-amendment NYC Health Code standard.

In contrast to USEPA’s two-standard regime, DOHMH’s proposed amendments to the NYC Health Code reflect a uniform standard for defining “lead-contaminated dust”: 4 μg/ft² on a floor and 32 μg/ft² on window sills (applicable to both pre-abatement investigations and post-abatement clearance), and 80 μg/ft² on window wells (applicable to post-abatement clearance). This proposed standard lowers the existing post-abatement clearance levels by 20 percent and creates a single set of thresholds for ease of implementation. In addition, DOHMH’s proposed amendment requires that laboratories eligible to test and report dust-lead levels must be accredited by both NLLAP and the New York State Department of Health Wadsworth Laboratory’s Environmental Laboratory Approval Program (ELAP).

Interested parties can submit written comments on DOHMH’s proposed regulations by July 1, 2026 and provide oral comments at the July 1 virtual public hearing. The notice of public hearing provides more detail about how to participate in the public hearing and comment process.