View Rule

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 Order 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 DLCL. Additionally, EPA is considering revising the regulatory definition of target housing to implement a change to the statutory definition to include zero-bedroom dwellings if a child is a resident. This rulemaking will also propose several amendments to the lead-based paint regulations. EPA intends to solicit public comment through a notice of proposed rulemaking.

Statement of Need: 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 Order 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 DLCL.

Summary of the Legal Basis: EPA is proposing this rule under the authority of sections 401, 402, 403, 404, and 406 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), and section 237(c) of Title II of Division K of the Consolidated Appropriations Act, 2017 (Pub. L. 115-31), as well as sections 1004 and 1018 of Title X (42 U.S.C. 4851b, 4852d), as amended by section 237(b) of Title II of Division K of the Consolidated Appropriations Act, 2017.

Alternatives: To update the DLHS and DLCL, EPA must take a number of steps including health, exposure, and economic analyses related to various DLHS and DLCL. An analysis estimating the health implications of possible revisions of applicable DLHS and DLCL will be conducted

Anticipated Costs and Benefits: An economic analysis of candidate DLHS and DLCL will be conducted for purposes of evaluating the potential costs and benefits of possible revisions. 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 DLHS and DLCL will then need to be analyzed with reference to this baseline. Economic modeling will be performed to link each candidate DLHS and DLCL 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.