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EPA/OCSPP | RIN: 2070-AK91 | Publication ID: Fall 2021 |
Title: Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels | |
Abstract:
EPA’s dust-lead hazard standards (DLHS) support the lead-based paint (LBP) activities and disclosure programs under Residential Lead-Based Paint Hazard Reduction Act of 1992 by providing the basis for risk assessors to determine whether dust-lead hazards are present, and apply to target housing (i.e., most pre-1978 housing) and child-occupied facilities (pre-1978 non-residential properties where children 6 years of age or under spend a significant amount of time such as daycare centers and kindergartens). On July 9, 2019, EPA promulgated a final rule to lower the DLHS from 40 micrograms of lead per square foot (µg/ft2) to 10 µg/ft2 for floors, and from 250 µg/ft2 to 100 µg/ft2 for window sills. EPA’s dust-lead clearance levels (DLCL) indicate the amount of lead in dust on a surface following the completion of an abatement activity. On January 6, 2021, EPA promulgated a final rule to lower the DLCL from 40 µg/ft2 to 10 µg/ft2 for floors, and from 250 µg/ft2 to 100 µg/ft2 for window sills. The Agency is now in the process of reconsidering the July 2019 and January 2021 final rules in keeping with new executive orders and concerning the advancement of racial equity and support for underserved communities through the Federal government (EO 13985), the protection of public health and the environment and restoring science to tackle the climate crisis (EO 13990), tackling the climate crisis at home and abroad (EO 14008), and other Administration priorities (such as the Presidential memorandum on restoring trust in government through scientific integrity and evidence-based policymaking). In addition, on May 14, 2021, the United States Court of Appeals for the Ninth Circuit issued an opinion to remand without vacatur the 2019 DLHS final rule and directed EPA to reconsider the 2019 DLHS rule in conjunction with a reconsideration of the 2021 DLCL final rule. EPA intends to solicit public comment through a notice of proposed rulemaking. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: 40 CFR 745 | |
Legal Authority: 15 U.S.C. 2625 et seq. Toxic Substances Control Act |
Legal Deadline:
None |
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Timetable:
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Additional Information: . | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Information URL: https://www.epa.gov/lead | |
Sectors Affected: 236 Construction of Buildings; 238 Specialty Trade Contractors; 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; 611110 Elementary and Secondary Schools; 611519 Other Technical and Trade Schools; 624410 Child Day Care Services; 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 7404M, Washington, DC 20460-0001 Phone:202 564-9004 Email: brisse.claire@epa.gov Michelle Price Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 1200 Pennsylvania Avenue NW, Mail Code 7404T, Washington, DC 20460 Phone:202 566-0744 Email: price.michelle@epa.gov |