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EPA/OCSPP

RIN: 2070-AK91

Publication ID: Spring 2023

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 young children 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.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: State, local, or tribal governments; Private Sector
CFR Citation: 40 CFR 745
Legal Authority: 15 U.S.C. 2681 15 U.S.C. 2682 15 U.S.C. 2683 15 U.S.C. 2684 15 U.S.C. 2686 42 U.S.C. 4851b 42 U.S.C. 4852d

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/00/2023
Final Rule	10/00/2024

Additional Information: Related to RIN 2070-AK66.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State, Tribal
Federalism: Yes
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 Marc Edmonds Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 1200 Pennsylvania Avenue NW, 7404M, Washington, DC 20460 Phone:202 566-0758 Email: edmonds.marc@epa.gov