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EPA/OCSPP RIN: 2070-AK50 Publication ID: Fall 2019 
Title: Review of Dust-Lead Post-Abatement Clearance Levels 
Abstract:

Addressing childhood lead exposure is a priority for EPA. EPA is considering changes to the dust-lead clearance levels (DLCL) following the recent changes to the dust-lead hazard standards (DLHS). Specifically, EPA published a final rule on July 9, 2019 (RIN 2070-AJ82), to change the DLHS 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 that final rule, EPA indicated it would review the DLCL at a later date.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 745   
Legal Authority: 15 U.S.C. 2682   
Legal Deadline:  None

Statement of Need:

EPA's July 9, 2019, final rule (RIN 2070-AJ82) to change the dust-lead hazard standards (DLHS) from 40 µg/ft2 and 250 µg/ft2 to 10 µg/ft2 and 100 µg/ft2 on floors and window sills, respectively, did not include revisions of the clearance levels in 40 CFR part 745 subpart L. In that final rule, EPA announced that it has initiated rulemaking to address the relationship between the DLHS and clearance levels (also known as the dust-lead clearance levels or "DLCL").

Summary of the Legal Basis:

EPA is proposing this rule under sections 401, 402, 403, and 404 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., as amended by title X of the Housing and Community Development Act of 1992 (also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992 or Title X) (Pub. L. 102-550).

Alternatives:

To update the DLCL, EPA must take a number of steps including health, exposure, and economic analyses related to various DLCL. An analysis estimating the health implications of possible revisions of applicable DLCL will be conducted, taking into account factors such as the locations where clearance samples are collected for each of the various candidate DLCL under consideration.

Anticipated Costs and Benefits:

An economic analysis of candidate DLCL will be conducted for purposes of evaluating the potential costs and benefits of possible revisions to the DLCL. EPA's economic analysis will involve establishing a baseline lead hazard profile for facilities affected by the rule based on knowledge of any applicable existing rules and standards and levels of compliance with those rules and standards. Candidate DLCL will then need to be analyzed with reference to this baseline. Economic modeling will be performed to link each candidate clearance level to the associated scenario of health endpoints and their associated aggregated "benefit" valuations for the whole affected population. Using assumptions about the scope of interventions, scenarios will be developed to measure aggregate costs of compliance for each candidate clearance level.

Risks:

This rulemaking addresses the risk of adverse health effects associated with dust-lead exposures in children living in pre-1978 housing and child-occupied facilities, as well as associated potential health effects in this subpopulation.

Timetable:
Action Date FR Cite
NPRM  03/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/lead  
Sectors Affected: 236 Construction of Buildings; 238 Specialty Trade Contractors; 531 Real Estate; 541330 Engineering Services; 541350 Building Inspection 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