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EPA/OCSPP | RIN: 2070-AJ56 | Publication ID: Fall 2011 |
Title: Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings | |
Abstract: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings that create lead-based paint hazards. On April 22, 2008, EPA issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities built before 1978 (child-occupied facilities are a subset of public and commercial buildings or facilities where children under age 6 spend a great deal of time). The 2008 rule established requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. This new rulemaking will address renovation or remodeling activities in the remaining buildings described in TSCA section 402(c)(3): Public buildings built before 1978 and commercial buildings that are not child-occupied facilities. On May 6, 2010, EPA announced the commencement of proceedings to propose lead-safe work practices and other requirements for renovations on the exteriors of public and commercial buildings and to determine whether lead-based paint hazards are created by interior renovation, repair, and painting projects in public and commercial buildings. For those renovations in the interiors of public and commercial buildings that create lead-based paint hazards, EPA will propose regulations to address these hazards. | |
Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: Undetermined |
CFR Citation: 40 CFR 745 | |
Legal Authority: 15 USC 2682(c)(3) |
Legal Deadline:
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Statement of Need: This rulemaking is being undertaken in response to a settlement agreement and is designed to help insure that individuals and firms conducting renovation, repair, and painting activities in and on public and commercial buildings will do so in a way that safeguards the environment and protects the health of building occupants and nearby residents, especially children under 6 years old. Lead is known to cause deleterious health effects on multiple organ systems through diverse mechanisms of action in both adults and children. This array of health effects includes effects on heme biosynthesis and related functions, neurological development and function, reproduction and physical development, kidney function, cardiovascular function, and immune function. EPA has conducted several studies and reviewed additional information that indicates that the renovation of buildings containing lead-based paint can create health hazards in the form of lead-based paint dust under typical industry work practices. |
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Summary of the Legal Basis: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities that create lead-based paint hazards in target housing, public buildings built before 1978, and commercial buildings. |
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Alternatives: For those activities that EPA determines create lead-based paint hazards, EPA will evaluate options to address the hazards. These options are likely to include different combinations of work practices and worker training and certification. |
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Anticipated Costs and Benefits: Not yet determined. |
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Risks: Not yet determined. |
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Timetable:
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Additional Information: EPA publication information: ANPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ae7eb8; EPA Docket information: EPA-HQ-OPPT-2010-0173 | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Undetermined |
Small Entities Affected: Businesses | Federalism: Undetermined |
Included in the Regulatory Plan: Yes | |
RIN Information URL: http://www.epa.gov/lead/pubs/renovation.htm | |
Sectors Affected: 236 Construction of Buildings; 238 Specialty Trade Contractors; 531 Real Estate; 561210 Facilities Support Services; 921 Executive, Legislative, and Other General Government Support | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Hans Scheifele Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 7404T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-3122 Email: scheifele.hans@epa.gov Cindy Wheeler Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460 Phone:202 566-0484 Email: wheeler.cindy@epa.gov |