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EPA/OCSPP RIN: 2070-AJ56 Publication ID: Fall 2014 
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 the EPA to regulate renovation or remodeling activities in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings that create lead-based paint hazards. On April 22, 2008, the EPA issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities (child-occupied facilities are a subset of pre-1978 public and commercial buildings where children under age 6 spend a significant amount 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. After the 2008 rule was published,the EPA was sued, in part, for failing to address potential hazards created by the renovation of public and commercial buildings. In the settlement agreement and subsequent amendments, the EPA agreed to commence proceedings to determine whether or not renovations of public and commercial buildings create hazards. Further, if these activities do create hazards, the EPA agreed to propose work practice and other requirements by July 1, 2015, and to take final action, if appropriate, no later than 18 months after the proposal. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
EO 13771 Designation: uncollected 
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

Statement of Need:

This rulemaking is being undertaken in response to a settlement agreement and is designed to help insure that individuals and firms conducting renovation, repair, and painting activities in and on public and commercial buildings will do so in a way that safeguards the environment and protects the health of building occupants and nearby residents, especially children under 6 years old. EPA has conducted several studies and reviewed additional information that indicates that the renovation of buildings containing lead-based paint can create health hazards in the form of lead-based paint dust under typical industry work practices.

Summary of the Legal Basis:

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, public buildings built before 1978, and commercial buildings.

Alternatives:

For those activities that EPA determines create lead-based paint hazards, EPA will evaluate options to address the hazards. These options are likely to include different combinations of work practices and worker training and certification.

Anticipated Costs and Benefits:

Not yet determined.  A detailed analysis of costs and benefits will be performed during development of the proposed rule.

Risks:

Lead is known to cause deleterious health effects on multiple organ systems through diverse mechanisms of action in both adults and children. This array of health effects includes effects on heme biosynthesis and related functions, neurological development and function, reproduction and physical development, kidney function, cardiovascular function, and immune function.  EPA is evaluating information on renovation activity patterns in public and commercial buildings to estimate exposures to lead dust from RRP activities in those buildings.

Timetable:
Action Date FR Cite
ANPRM  05/06/2010  75 FR 24848   
Notice  12/31/2012  77 FR 76996   
Notice  05/13/2013  78 FR 27906   
Notice  05/30/2014  79 FR 31072   
Notice  08/06/2014  79 FR 45796   
NPRM  07/00/2015 
Final Rule  To Be Determined 
Additional Information: Docket #:EPA-HQ-OPPT-2010-0173
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Undetermined  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://www2.epa.gov/lead  
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
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0484
Email: wheeler.cindy@epa.gov