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EPA/OPPTS RIN: 2070-AC63 Publication ID: Spring 2001 
Title: Lead; Identification of Dangerous Levels of Lead Pursuant to TSCA Section 403 
Abstract: The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) amended TSCA by adding a new Title IV. TSCA section 403 requires EPA to promulgate regulations that identify lead-based paint hazards, lead-contaminated dust and lead-contaminated soil for the purposes of TSCA Title IV as well as for the entire Title X. EPA developed an interim guidance document in July 1994, to provide public and private decision-makers with guidance on identifying and prioritizing lead-based paint hazards for control. This interim guidance, which was subsequently published in 1995 (60 FR 47248, 9/11/95), will continue to serve as EPA's official policy until the final TSCA section 403 rule is promulgated. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 40 CFR 745   
Legal Authority: 15 USC 2683   
Legal Deadline:  None

Statement of Need: Childhood lead poisoning is a pervasive problem in the United States, with almost a million young children having more than 10 ug/dl of lead in their blood, (Center for Disease Control's level of concern). Elevated blood-lead levels can lead to reduced intelligence and neurobehavioral problems in young children, as well as causing other adverse health effects in children and adults. Although there have been dramatic declines in blood-lead levels due to reductions of lead in paint, gasoline, and food sources, remaining paint in older houses remains the significant source of childhood lead poisoning. This regulation is a focal point of the Federal lead program and supports the implementation of regulations already promulgated (e.g., lead hazard disclosure in real estate transactions) as well as others under development (e.g., renovation and remodeling). By supporting the implementation of the national lead program, this rule would help prevent lead poisoning in children under the age of six.

Summary of the Legal Basis: This action is mandated by TSCA section 403.

Alternatives: Alternatives were discussed in the proposed rule. Alternatives will be further considered as part of the proposed rule's comment review.

Anticipated Costs and Benefits: Although this action doesn't require any action, the costs associated with the establishment of these levels were estimated in a draft economic impact analysis that was prepared for the proposed rule. Since benefits depend on private sector implementation of certain lead hazard abatement activities which are not mandated by any of these rules, benefits will be difficult to quantify. During its review of the NPRM under EO 12866, OMB attributed the potential impact of all of the lead regulations to this rule and determined that this action should be classified as economically significant.

Risks: This rule is aimed at reducing the prevalence and severity of lead poisoning, particularly in children.

Timetable:
Action Date FR Cite
NPRM  06/03/1998  63 FR 30301   
Notice Comment Period Extended to 10/01/98  07/22/1998  63 FR 39262   
Notice Comment Period Extended to 11/30/98  10/01/1998  63 FR 52662   
NPRM Correction  12/18/1998  63 FR 70087   
Notice Reopens Comment Period to 03/01/99  01/14/1999  64 FR 2460   
Final Action Identification of Dangerous Levels of Lead   01/05/2001  66 FR 1205   
Additional Information: SAN No. 3243
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 2332 Residential Building Construction; 235 Special Trade Contractors; 2352 Painting and Wall Covering Contractors; 23551 Carpentry Contractors; 23599 All Other Special Trade Contractors; 53111 Lessors of Residential Buildings and Dwellings; 531311 Residential Property Managers; 54135 Building Inspection Services; 54138 Testing Laboratories; 54161 Management Consulting Services; 61151 Technical and Trade Schools; 61171 Educational Support Services; 92511 Administration of Housing Programs 
Agency Contact:
Dave Topping
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T,
Washington, DC 20460
Phone:202 260-7737
Fax:202 260-0770
Email: topping.dave@epa.gov

Lin Moos
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7506C,
Washington, DC 20460
Phone:703 305-0605
Fax:703 305-5884
Email: moos.lin@epa.gov