View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OCSPP RIN: 2070-AJ82 Publication ID: Spring 2018 
Title: Residential Dust-Lead Hazard Standards, and the Definition of Lead-Based Paint 
Abstract:

EPA is reviewing existing regulatory dust-lead hazard standards for target housing and Child Occupied Facilities (COFs), and the definition of lead-based paint for non-target housing. On March 6, 1996, the EPA and the Department of Housing and Urban Development (HUD) issued a joint final regulation that, under section 401 of the Toxic Substances Control Act (TSCA), adopted the statutory definition of lead-based paint as "paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight." On January 5, 2001, the EPA issued a final regulation that, under section 403 of the TSCA, established regulatory dust-lead hazard standards of 40 µg/ft2 for floors and 250 µg/ft2 for interior window sills. On August 10, 2009, EPA received a petition requesting that EPA take action to lower EPA's regulatory dust-lead hazard standards and the definition of lead-based paint. On October 22, 2009, EPA granted the petition, agreeing to initiate a proceeding to determine whether the dust-lead hazard standards, and the definition of lead-based paint for non-target housing should be revised. On August 24, 2016, advocates filed a petition in the U.S. Court of Appeals for the Ninth Circuit, asking the court to compel EPA to make such revisions. On December 27, 2017, the Ninth Circuit granted the petition brought by environmental groups seeking to compel EPA to act upon the rulemaking petition that EPA granted in 2009 concerning the dust-lead hazard standards and the definition of lead-based paint. The decision orders EPA to issue a proposed rule within 90 days of the date that the court's decision becomes final and a final rule within one year of the proposal. Since the 2001 final rule, data collected by the National Health and Nutrition Examination Surveys and other studies, advances in blood lead modeling, and EPA's 2013 release of the Integrated Science Assessment for Lead, have made it possible to examine relationships between environmental lead exposures and blood lead concentrations in children, and to analyze the health effects of that relationship at lower levels. Since new data has become available regarding lead, and other agencies and EPA offices are updating their lead-related policies, EPA's review of the existing dust-lead hazard standards for target housing and COFs and the definition of lead-based paint in non-target housing should reflect this information to maintain consistency with new policies and data.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 745   
Legal Authority: 15 U.S.C. 2681 "TSCA 401"    15 U.S.C. 2683 "TSCA 403"   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  NPRM issuanced ordered within 90 days of the date that the 9th Circuit's decision becomes final.  05/11/2018 
Timetable:
Action Date FR Cite
NPRM  06/00/2018 
Final Rule  To Be Determined 
Additional Information: Docket #:EPA-HQ-OPPT-2009-0665
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/lead  
Sectors Affected: 236 Construction of Buildings; 238 Specialty Trade Contractors; 531 Real Estate; 541330 Engineering Services; 541350 Building Inspection Services; 562910 Remediation Services; 611110 Elementary and Secondary Schools; 611519 Other Technical and Trade Schools; 624410 Child Day Care Services 
RIN Data Printed in the FR: No 
Agency Contact:
John Yowell
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
Mail Code 7404T,
Washington, DC 20460
Phone:202 564-1213
Email: yowell.john@epa.gov

Marc Edmonds
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0758
Email: edmonds.marc@epa.gov