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EPA/OCSPP RIN: 2070-AJ56 Publication ID: Spring 2013 
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 that create lead-based paint hazards in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings. In a 2008 rule, EPA addressed 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. The current rulemaking effort will address renovation or remodeling activities in the remaining buildings described in TSCA section 402(c)(3), i.e., public buildings built before 1978 and commercial buildings that are not child-occupied facilities. In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) that solicited public comment on lead-safe work practices and other requirements EPA should consider for renovations on the exteriors of public and commercial buildings and whether lead-based paint hazards are created by interior renovation, repair, and painting projects in public and commercial buildings. EPA is currently developing a proposal to address lead-based paint hazards that may be created by renovations on the exterior or in the interiors of public and commercial buildings. As part of a settlement agreement reached in 2009 and most recently amended in September 2012, EPA will hold a public meeting in 2013 to discuss the issues under consideration for this rulemaking. In addition, after considering the information it gathers and its related analyses, EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that these activities do not create lead-based paint hazards by July 1, 2015. If EPA issues a proposed rule, EPA has further agreed to take final action on or before the date 18 months after the proposal is published. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 745 
Legal Authority: 15 USC 2682(c)(3) 
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Deadline from 2012 amended; Settlement agreement  07/01/2015 
Final  Judicial  Deadline from 2012 amended; Settlement agreement  01/01/2017 
Other  Judicial  ANPRM - 2009 Settlement agreement  04/22/2010 

Overall Description of Deadline: Per 9/7/2012, Amended Settlement Agreement in National Assoc. of Homebuilders v. EPA

Timetable:
Action Date FR Cite
ANPRM  05/06/2010  75 FR 24848 
Notice  12/31/2012  77 FR 76996 
Notice  07/00/2013   
NPRM  07/00/2015   
Additional Information: Docket #:EPA-HQ-OPPT-2010-0173
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/lead/lead/rrp-reg.html#public  
Sectors Affected: 236210 Industrial Building Construction; 236220 Commercial and Institutional Building Construction; 238150 Glass and Glazing Contractors; 238170 Siding Contractors; 238210 Electrical Contractors and Other Wiring Installation Contractors; 238220 Plumbing, Heating, and Air-Conditioning Contractors; 238310 Drywall and Insulation Contractors; 238320 Painting and Wall Covering Contractors; 238340 Tile and Terrazzo Contractors; 238350 Finish Carpentry Contractors; 238390 Other Building Finishing Contractors; 531120 Lessors of Nonresidential Buildings (except Miniwarehouses); 531312 Nonresidential Property Managers; 921190 Other General Government Support 
RIN Data Printed in the FR: No 
Agency Contact:
Hans Scheifele
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
7404T,
Washington, DC 20460
Phone:202 564-3122
Email: Scheifele.Hans@epa.gov

Cindy Wheeler
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
7404T,
Washington, DC 20460
Phone:202 566-0484
Email: wheeler.cindy@epa.gov

 
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