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Reducing childhood lead exposure is a priority for EPA. As part of EPA's efforts to reduce childhood lead exposure, and in coordination with the President's Task Force on Environmental Health Risks and Safety Risks to Children, EPA evaluated the current dust-lead clearance levels (DLCL) following the 2019 revision to the dust-lead hazard standards (DLHS), which were. finalized on July 9, 2019 (RIN 2070-AJ82) and changed the DLHS from 40 µg/ft ² to 10 µg/ft ² for floor dust and from 250 µg/ft ² to 100 µg/ft ² for window sill dust. In that final rule, EPA indicated it would review the DLCL at a later date and on June 17, 2020, EPA issued a proposed rule revising the DLCL set by the 2001 Lead Based Paint (LBP) Hazards Rule, from 40 µg/ft ² to 10 µg/ft ² for floor dust and from 250 µg/ft ² to 100 µg/ft ² for window sill dust.

Statement of Need:

EPA's July 9, 2019 final rule (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, 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 a rulemaking to address the relationship between the DLHS and the DLCL. On June 17, 2020, EPA issued a proposed rule revising the DLCL set by the 2001 LBP Hazards Rule, from 40 µg/ft ² to 10 µg/ft ² for floor dust and from 250 µg/ft ² to 100 µg/ft ² for window sill dust, consistent with the DLHS.

Summary of the Legal Basis:

EPA is finalizing this rule under sections 401 and 402 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 evaluated the 2001 DLCL (40 µg/ft2 for floors and 250 µg/ft2 for window sills), the background dust-lead level, and the five DLCL options (15 µg/ft2 for floors and 100 µg/ft2 for window sills; and 10 µg/ft2 for floors, and 40 µg/ft2, 60 µg/ft2, 80 µg/ft2 and 100 µg/ft2 for window sills) with values between background (lowest) and the 2001 DLCL (highest).

Anticipated Costs and Benefits:

The rule’s economic analysis evaluated the potential costs and benefits of possible revisions to the DLCL. EPA's economic analysis involved establishing a baseline lead hazard profile for facilities affected by the rule based on knowledge of applicable existing rules and standards. DLCL options were then analyzed with reference to this baseline. Economic modeling was performed to link each clearance level option to the associated scenario of health endpoints and their associated aggregated benefit valuations for the affected subpopulation. Using assumptions about the scope of interventions, scenarios were be developed to measure aggregate costs of compliance for each clearance level option.

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.