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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). 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 continues to be a significant source of childhood lead poisoning. These rules will help insure that individuals and firms conducting renovation, repairs and painting activities will do so in a way that safeguards the environment and protects the health of building occupants, especially children under 6 years old.

Summary of the Legal Basis: This regulation is mandated by TSCA section 402(c). TSCA Section 402(c) directs EPA to address renovation and remodeling activities by first conducting a study of the extent to which persons engaged in various types of renovation and remodeling activities are exposed to lead in the conduct of such activities or disturb lead and create a lead-based paint hazard on a regular basis. Section 402(c) further directs the Agency to revise the lead-based paint activities regulations (40 CFR part 745 subpart L) to apply to renovation, remodeling or painting activities that create lead-based paint hazards.

Alternatives: EPA is considering alternatives including on the job training for renovation workers, the use of test kits to determine the presence of lead paint, and the use of a cleaning verification protocol to determine if a job site is sufficiently clean. TSCA Section 402(c) states that should the Administrator determine that any category of contractors engaged in renovation or remodeling does not require certification; the Administrator may publish an explanation of the basis for that determination.

Anticipated Costs and Benefits: EPA's economic analysis provides quantitative cost estimates for the training, certification, and work practices required by the rule. The economic analysis provides quantitative benefits estimates for avoided incidence of IQ loss due to reduced lead exposures to children under the age of 6, and a qualitative discussion of other avoided adverse health effects in children and adults. The economic analysis of the final rule will incorporate new information characterizing lead levels in dust and soil after renovation, repair, and painting activities, and a new modeling approach to estimate the resultant blood lead and IQ loss in children under the age of 6.

Risks: This rule is aimed at reducing the prevalence and severity of lead poisoning, particularly in children. The Agency has concluded that many R&R work activities can produce or release large quantities of lead. These activities include, but are not limited to: sanding, cutting, window replacement, and demolition. Lead exposure to R&R workers appears to be less of a problem than to building occupants (especially young children). Some workers (and homeowners) are occasionally exposed to high levels of lead. Any work activity that produces dust and debris may create a lead exposure problem.