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EPA/OCSPP RIN: 2070-AK91 Publication ID: Spring 2022 
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 Executive Orders 13990 (addressing the protection of public health and the environment and restoring science to tackle the climate crisis). 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. Additionally, a separate Regulatory Agenda entry under RIN 2070-AK66 addresses a rulemaking to incorporate a statutory amendment to the term target housing.” EPA has decided to address the amended target housing definition as part of this rulemaking to reconsider the DLHS and DLCL. As such, EPA has combined the entries for the Regulatory Agenda under RIN 2070-AK91 and has withdrawn the separate entry addressing the target housing definition. EPA intends to solicit public comment through a notice of proposed rulemaking.

 
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 
CFR Citation: 40 CFR 745   
Legal Authority: 15 U.S.C. 2681 to 2684 Toxic Substances Control Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/00/2023 
Final Rule  06/00/2024 
Additional Information: .
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State, Tribal 
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 7404T,
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