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EPA/OCSPP RIN: 2070-AK91 Publication ID: Spring 2024 
Title: Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels 
Abstract:

Addressing childhood lead exposure is a priority for the Environmental Protection Agency (EPA). This rule addresses health concerns for all affected communities, including children living in communities with environmental justice concerns, who have significantly higher blood lead levels (BLLs) than other children. As part of EPA's efforts to reduce childhood lead exposure, and in accordance with a U.S. Court of Appeals for the Ninth Circuit 2021 opinion, EPA proposed to lower the dust-lead hazard standards (DLHS) from 10 micrograms per square foot (µg/ft2) and 100 µg/ft2 for floors and window sills to any reportable level as analyzed by a laboratory recognized by EPA’s National Lead Laboratory Accreditation Program. This is a non-numeric value that the Agency refers to as greater than zero µg/ft2 and may vary based on laboratory or test. While EPA’s DLHS do not compel property owners or occupants to evaluate their property for lead-based paint (LBP) hazards nor take control actions (40 CFR 745.61(c)), if an LBP activity such as an abatement is performed, then EPA’s regulations set requirements for doing so (40 CFR 745.220(d)). EPA also proposed to change the dust-lead clearance levels (DLCL), which are the values used to determine when abatement work can be considered complete, from 10 µg/ft2, 100 µg/ft2 and 400 µg/ft2 for floors, window sills, and window troughs to 3 µg/ft2, 20 µg/ft2, and 25 µg/ft2, respectively. Under this proposal, the DLHS for floors and window sills would not be the same as the DLCL for floors and window sills (i.e., the DLHS and DLCL would be decoupled). Accordingly, dust-lead hazards could remain after an abatement due to the different statutory direction that Congress provided EPA with respect to the DLCL. Additionally, EPA proposed to change the definition of abatement so that the recommendation for action applies when dust-lead loadings are at or above the DLCL, as well as several other amendments, including revising the definition of target housing to conform with the statute. As discussed in the proposed rule, the Agency consulted with State, local and Tribal government officials during the rulemaking development, and held a public webinar during the comment period in the summer of 2023. At that webinar, EPA presented an overview on LBP terminology, authorized programs and background on the DLHS and the DLCL (including the relevant statutory authority and regulatory and litigation history) during the consultation. EPA also discussed potentially impacted entities, especially those relevant to the organizations representing the government officials present, as well as the three regulatory approaches for DLHS and what the Agency was considering while revising the DLCL. EPA also described the preliminary costs and benefits, discussed target housing revisions, and asked a series of targeted questions for organizations' consideration.

 
Agency: Environmental Protection Agency(EPA)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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  08/01/2023  88 FR 50444   
Final Rule  09/00/2024 
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