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| EPA/OPPTS | RIN: 2070-AD06 | Publication ID: Fall 1999 |
| Title: Lead; Overview of Rulemakings Under TSCA Section 402, Lead-Based Paint Activities for the Regulatory Plan | |
| Abstract: The Residential Lead-Based Hazard Reduction Act of 1992 (Title X) amended TSCA by adding a new Title IV. TSCA section 402, Lead-Based Paint Activities Training and Certification directs EPA to promulgate a number of regulations intended to address the nation's need for a qualified and properly trained workforce to assist in the prevention, detection, and elimination of hazards associated with lead-based paint. EPA is required to promulgate (a) regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained, that training programs are accredited, and that contractors engaged in such activities are certified (section 402(a)); (b) a Model State Program which may be adopted by any State which seeks to administer and enforce a State Program for the requirements established under TSCA section 402 (section 404); (c) a rule addressing lead risks from renovation and remodeling activities or state why no regulation is necessary (section 402(c)(3)); and (d) a rule establishing a fee schedule for the lead-based paint training, certification, and accreditation activities addressed in the rules developed under TSCA section 402 (section 402(a)(3)). Additionally, in response to other Federal agencies and several States and advocacy groups who were concerned that the high costs of disposing of lead-based paint debris as a RCRA hazardous waste were discouraging residential lead abatements, EPA is using its authority under TSCA section 402(a) to address the disposal of lead-based paint debris that will result from the lead-based paint activities regulated under TSCA section 402. To minimize duplication of waste management requirements, EPA is developing a companion RCRA rule to suspend temporarily hazardous waste management regulations (i.e., Toxicity Characteristic Rule) applicable to lead-based paint debris which will be subject to the new TSCA standards. These rules are listed separately in the Regulatory Agenda. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Economically Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: Undetermined | Unfunded Mandates: Undetermined |
| CFR Citation: 40 CFR 745 | |
| Legal Authority: 15 USC 2603, TSCA title IV | |
Legal Deadline:
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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 lead-based paint activities will do so in a way that safeguards the environment and protects the health of building occupants, especially children under 6 years old. |
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Summary of the Legal Basis: These regulations are mandated by TSCA section 402. |
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Alternatives: Alternatives to each of the mandated activities will be analyzed. |
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Anticipated Costs and Benefits: For the section 402(a)/404 (Residential) rule, the costs have been provided in the final economic impact analysis that was prepared in conjunction with the final rule. For the remainder of the section 402 rules, costs will be estimated in the draft economic impact analyses that will be prepared for the proposed rules. 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 qualify. |
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Risks: These rules are aimed at reducing the prevalence and severity of lead poisoning, particularly in children. |
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Timetable:
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| Additional Information: SAN No. 3243 Also covers SANs 3244, 3557, 3881, 4172, 3506. Lead-Based Paint Activities Rules: Training, Accreditation and Certification Rule and Model State Plan Rule (sections 402 and 404)(SAN 3244; RIN 2070-AC64); Lead-Based Paint Activities, Training, and Certification: Renovation and Remodeling (section 402(c)(3))(SAN 3557; RIN 2070-AC83); Lead Fee Rule for Lead-Based Paint Activities Training and Certification (section 402(a)(3)) (SAN 3881; RIN 2070-AD11); Lead-Based Paint: Notification of Commencement of Abatement Activities (section 404(h)) (SAN 4172; RIN 2070-AD31); Lead: TSCA Requirements for the Disposal of Lead-Based Paint Debris (section 402(a)) and Temporary Suspension of Toxicity Characteristic Rule for Specified Lead-Based Paint Debris (RCRA sections 1006(b)(1) and 2002)(SAN 3508; RIN 2070-AC72). | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
| Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | |
| Included in the Regulatory Plan: Yes | |
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Agency Contact: Ellie Clark Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T, Washington, DC 20460 Phone:202 566-0498 Fax:202 566-0469 Email: clark.ellie@epamail.epa.gov Mike Wilson Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T, Washington, DC 20460 Phone:202 566-0521 Fax:202 566-0471 Email: wilson.mike@epa.gov |
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