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EPA/OCSPP RIN: 2070-AL11 Publication ID: Fall 2022 
Title: ●Reconsideration of the Definition of Lead-Based Paint 
Abstract:

The Toxic Substances Control Act (TSCA) title IV, section 401, defines lead‐based paint as paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development, as defined in section 302(c) of the Lead‐Based Paint Poisoning Prevention Act, or in the case of any other paint or surface coatings, such other level as may be established by the Administrator. On July 9, 2019, EPA promulgated a final rule to lower the dust-lead hazard standards (DLHS). In that rule, EPA considered and finalized as proposed its decision to make no change to the definition of lead-based paint because of insufficient information to support such a change at that time. The Agency is now in the process of reconsidering the July 2019 final rule 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 that directed EPA to engage in the appropriate rulemaking to address the definition of lead-based paint, among other actions. In this action, EPA is reconsidering the definition of lead-based paint and intends to solicit public comment through a notice of proposed rulemaking.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time 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 2681 et seq. Toxic Substances Control Act title IV   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/00/9998 
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  
RIN Data Printed in the FR: No 
Agency Contact:
Scott Drewes
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404M,
Washington, DC 20460
Phone:202 564-8833
Email: drewes.scott@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