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NYC dust wipe numbers: City 5/40/100 vs EPA (reference only)
Parents and tenants often see dust-wipe lab results in µg/ft² — micrograms of lead per square foot — on floors, window sills, and window wells. Reports typically print each result beside a standard: the City’s levels of 5 µg/ft² for floors, 40 for window sills, and 100 for window wells, or EPA’s federal dust-lead levels. Those standards are reference and compliance thresholds used in clearance testing and hazard assessments. A result above or below them is not automatic proof of civil liability and not a lawsuit trigger.
What parents see on dust-wipe reports
A dust wipe collects dust from a measured surface area. The lab reports lead loading in µg/ft². Reports usually break out floors, window sills, and window wells — EPA materials often call that last surface a window trough; it is the same category parents see on clearance and assessment paperwork.
How an inspector takes a wipe, how XRF testing differs, and what to expect during testing are covered on testing paint and dust for lead.
Current New York City dust-lead levels
Since June 1, 2021, the City Health Code has set these dust-lead levels, following Local Law 66 of 2019:
- Floors — 5 µg/ft²
- Window sills — 40 µg/ft²
- Window wells — 100 µg/ft²
These are the levels that apply to City clearance dust wipes and to Health Department risk assessments. How clearance testing fits into Local Law 1 is covered in the Local Law 1 guide.
The City’s Board of Health has moved to lower all three levels. Until a new standard takes effect, 5, 40, and 100 remain the City’s levels. A change would apply only from the effective date the City sets, so check the sample date on your report and ask which standard the inspector used.
EPA residential dust-lead levels
EPA’s final rule under TSCA sections 402 and 403, announced in October 2024, renamed its two dust-lead standards and lowered both:
- Dust-lead reportable levels (formerly called dust-lead hazard standards) — for floors and window sills, any reportable level measured by a laboratory recognized under EPA’s National Lead Laboratory Accreditation Program.
- Dust-lead action levels (post-abatement; formerly clearance levels) — floors 5, window sills 40, window troughs 100 µg/ft².
EPA’s news release states that the updated post-abatement action levels (5 / 40 / 100) reflect standards New York City implemented in 2021. Numerically, EPA’s action levels match the City’s current 5/40/100 clearance figures. EPA’s reportable (hazard-identification) bar is stricter in concept — any laboratory-reportable amount on floors or sills.
The rule took effect January 13, 2025. In lead-based paint programs EPA runs directly, which include New York’s, compliance with the new levels began January 12, 2026. EPA says the change is not retroactive: work that passed clearance under the old levels does not have to be retested.
Reference and compliance — not a lawsuit trigger
The CDC blood lead reference value is 3.5 µg/dL. That figure identifies children with higher blood-lead levels than most U.S. children. It is not a health-based “safe” cutoff and not a lawsuit trigger.
The same is true of City and EPA dust numbers. They are benchmarks for clearance and hazard assessments. A result above or below the floor, sill, or well level does not, by itself, prove that a landlord is legally responsible or guarantee a recovery. A failed wipe is one piece of evidence, not automatic liability.
What this means for parents and tenants
Keep the full lab report, including the surface label for each sample (floor, sill, and well or trough) and the date it was taken, along with any letters from HPD or the Health Department. Ask which standard the inspector compared the results against. If the numbers are high, or the landlord says the work is finished but has not shared clearance results, ask for the paperwork in writing and keep a copy of your request.
Next steps after a child’s blood-lead result or an apartment inspection are covered in what to do now. Legal deadlines depend on the facts, including who owns the building, and some are short; time limits explains how they work.
Need a New York lead poisoning lawyer? Call The Frankel Law Firm about dust-wipe results, clearance paperwork, or a child’s blood-lead result.
There is no fee to speak to us or for us to evaluate your potential case. Learn what a lead poisoning lawyer can do for your family.
Primary sources
- DOHMH — New Lead in Dust Standards for New York City (effective June 1, 2021): lead-in-dust PDF
- HPD — Catching Up with HPD: April 2021 (clearance 5 / 40 / 100 on/after June 1, 2021): HPD April 2021
- EPA — Hazard Standards and Clearance Levels (TSCA 402/403; Oct 2024 final rule): EPA hazard standards page
- EPA news release — EPA Strengthens Standards… (Oct 24, 2024): EPA news release
- EPA — FAQ on the November 12, 2024 final rule (compliance January 12, 2026 in EPA-run programs, including New York; not retroactive): EPA FAQ
- NYC Health Code Article 173 (§ 173.14 dust-lead levels): Health Code Article 173
- NYC Rules — Amendment of Rules Relating to Lead Dust (current status): NYC Rules status page
- CDC — blood lead reference value (3.5 µg/dL): CDC BLRV page
Related pages
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