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EPA/OCSPP RIN: 2070-AK50 Publication ID: Fall 2020 
Title: Review of Dust-Lead Post-Abatement Clearance Levels 
Abstract:

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.

 
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 and 15 U.S.C. 2682   
Legal Deadline:  None

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.

Timetable:
Action Date FR Cite
NPRM  06/24/2020  85 FR 37810   
Final Rule  12/00/2020 
Additional Information: Docket #:EPA-HQ-OPPT-2020-0063
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/lead   Public Comment URL: https://www.federalregister.gov/documents/2020/06/24/2020-13582/review-of-dust-lead-post-abatement-clearance-levels  
Sectors Affected: 531 Real Estate; 531110 Lessors of Residential Buildings and Dwellings; 531311 Residential Property Managers; 541330 Engineering Services; 541350 Building Inspection Services; 541380 Testing Laboratories; 562910 Remediation Services; 611519 Other Technical and Trade Schools; 92511 Administration of Housing Programs; 92811 National Security 
RIN Data Printed in the FR: No 
Agency Contact:
Claire Brisse
Office of Chemical Safety and Pollution Prevention
Environmental Protection Agency
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460-0001
Phone:202 564-9004
Email: brisse.claire@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