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| EPA/OCSPP | RIN: 2070-AL11 | Publication ID: Spring 2024 |
| Title: Reconsideration of the Definition of Lead-Based Paint | |
| Abstract: The Toxic Substances Control Act (TSCA) Title IV, Section 401, defines lead‐based paint as paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development (HUD), as defined in section 302(c) of the Lead‐Based Paint Poisoning Prevention Act, or in the case of any other paint or surface coatings, such other level as may be established by the Administrator. On July 9, 2019, EPA promulgated a final rule to lower the dust-lead hazard standards (DLHS). In that rule, EPA considered and finalized as proposed its decision to make no change to the definition of lead-based paint because of insufficient information to support such a change at that time. On May 14, 2021, the United States Court of Appeals for the Ninth Circuit issued an opinion that directed EPA to engage in the appropriate rulemaking to address the definition of lead-based paint, among other actions. In this action, EPA is reconsidering the definition of lead-based paint and intends to solicit public comment through a notice of proposed rulemaking. EPA and HUD held a virtual public workshop on November 1 and 2, 2023 to hear stakeholder perspectives on specific topics related to low levels of lead in existing paint, including the potential health effects, the relationship between lead-based paint and dust-lead, possible exposure pathways, and technologies for detection, measurement, and characterization of low levels of lead in paint. EPA and HUD also sought available information on lead-based paint characteristics and medical evidence related to low levels of lead in paint. EPA intends that information received from stakeholders will inform the Agency’s effort to reconsider the federal definition of lead-based paint. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
| Major: Undetermined | Unfunded Mandates: Undetermined |
| CFR Citation: 40 CFR 745 | |
| Legal Authority: 15 U.S.C 2681 et seq. Toxic Substances Control Act Title IV | |
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| Additional Information: For further information about the EPA-HUD lead-based paint technical workshop, please visit https://www.epa.gov/lead/2023-lead-based-paint-technical-workshop. | |
| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: Undetermined | |
| Included in the Regulatory Plan: No | |
| RIN Information URL: https://www.epa.gov/lead | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Scott Drewes Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460 Phone:202 564-8833 Email: drewes.scott@epa.gov Marc Edmonds Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460 Phone:202 566-0758 Email: edmonds.marc@epa.gov |
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