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EPA/OCSPP RIN: 2070-AJ82 Publication ID: Spring 2019 
Title: Review of Dust-Lead Hazard Standards and the Definition of Lead-Based Paint 
Abstract:

Addressing childhood lead exposure is a priority for EPA. As part of EPA's efforts to reduce childhood lead exposure, EPA evaluated the current dust-lead hazard standards (DLHS) and the definition of lead-based paint (LBP). Based on this evaluation, EPA proposed to change the dust-lead hazard standards from 40 µg/ft2 and 250 µg/ft2 to 10 µg/ft2 and 100 µg/ft2 on floors and window sills, respectively. These standards apply to most pre-1978 housing and child-occupied facilities, such as day care centers and kindergarten facilities. In addition, EPA proposed to make no change to the definition of lead-based paint because the Agency currently lacks sufficient information to support such a change. The proposed rule was issued in compliance with the December 27, 2017, decision of the Ninth Circuit, and the subsequent March 26, 2018, order that directed the EPA "to issue a proposed rule within ninety (90) days from the filed date of this order". EPA is reviewing the comments received and developing a final rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 745   
Legal Authority: 15 U.S.C. 2681, TSCA 401    15 U.S.C. 2682    15 U.S.C. 2683, TSCA 403    15 U.S.C. 2684   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  NPRM issuance ordered within 90 days of the date that the 9th Circuit's decision becomes final.  06/22/2018 
Final  Judicial  the December 27, 2017 decision of the Ninth Circuit ordered "that EPA promulgate the final rule within one year after the promulgation of the proposed rule . . . ."  06/22/2019 
Timetable:
Action Date FR Cite
NPRM  07/02/2018  83 FR 30889   
NPRM Comment Period End  08/16/2018 
Final Rule  06/00/2019 
Additional Information: Docket #:EPA-HQ-OPPT-2018-0166
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www2.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: Yes 
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