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EPA/OCSPP RIN: 2070-AL12 Publication ID: Fall 2022 
Title: ●Reconsideration of the Soil-Lead Hazard Standards 
Abstract:

EPA is reviewing the existing regulatory soil-lead hazard standards (SLHS) for target housing and child-occupied facilities (COFs). According to the Toxic Substances Control Act (TSCA) title IV, section 401, lead-contaminated soil means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the Administrator. A lead-based paint hazard is defined as conditions that cause exposure to lead from lead-contaminated dust, soil or paint that would result in adverse human health effects. On January 5, 2001, the EPA issued a final regulation which established that a soil-lead hazard is bare soil on residential real property or on the property of a COF that contains lead equal to or exceeding 400 parts per million in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples. On May 14, 2021, in a decision reviewing a 2019 rule, the United States Court of Appeals for the Ninth Circuit held that EPA should have reconsidered the SLHS, among other actions. In this action, EPA is reconsidering the SLHS 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:
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

Victoria Ellenbogen
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
Mail Code 7404M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-2053
Email: ellenbogen.victoria@epa.gov