EPA solicits public input on lead-based paint rule for public and commercial buildings

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Date: March-April 2013
From: Hazardous Waste Consultant(Vol. 31, Issue 2)
Publisher: Aspen Publishers, Inc.
Document Type: Article
Length: 7,114 words
Lexile Measure: 1490L

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Lead-based paint was banned for residential use in the United States in 1978. However, prior to the ban, lead paint was used in more than 38 million U.S. homes. Lead released during renovation, repair, or painting of these homes can create a serious health hazard, especially to young children. To address this issue, on April 22, 2008 (73 FR 21692), EPA finalized Toxic Substances Control Act (TSCA) requirements that are designed to reduce lead exposure caused by renovation, repair, and painting activities in target housing and child-occupied facilities.

In an advance notice of proposed rulemaking (ANPRM) issued on May 6, 2010 (75 FR 24848), the agency announced that it also plans to develop TSCA regulations to address the renovation, repair, and painting of public and commercial buildings. EPA accepted comments on the May 2010 ANPRM until July 6, 2010. On December 31, 2012 (77 FR 76996-76998), EPA again announced that it is in the process of determining whether renovation, repair, and painting activities in public and commercial buildings create lead-based paint hazards. If it is determined that such hazards are created, the agency plans to develop certification, training, and work practice requirements under TSCA for those activities.

Accordingly, EPA is requesting the submission of additional information and data relevant to renovation, repair, and painting activities in public and commercial buildings. The agency will accept comments on the December 31, 2012 Federal Register (FR) notice until April 1, 2013. The agency also announced that a public meeting will be held on June 26, 2013 to address the issue. Any rule developed under the notice would affect 40 CFR Part 745.


The December 31, 2012 FR notice applies to the public in general. However, it specifically applies to entities that perform renovations, repairs, or painting activities on the exterior or interior of public buildings or commercial buildings. Potentially affected entities include, but are not limited to, the following industries:

* Building construction (North American industry classification system [NAICS] code 236), including commercial building construction, industrial building construction, commercial and institutional building construction, building finishing contractors, drywall and insulation contractors, painting and wall covering contractors, finish carpentry contractors, and other building finishing contractors;

* Specialty trade contractors (NAICS code 238), including plumbing, heating, air conditioning, painting, wall covering, electrical, finish carpentry, drywall, insulation, siding, tile and terrazzo, and glass and glazing contractors;

* Real estate (NAICS code 531), including lessors of non-residential buildings and dwellings, and nonresidential property managers; and

* Other general government support (NAICS code 921), including government general services departments and government public property management services.

Additional References

The following articles from the Hazardous Waste Consultant may be helpful when reviewing the December 31, 2012 FR notice:

* "Rule Addresses Lead-Based Paint Hazards During Renovation, Repair, and Painting Activities (73 FR 21692;

* "New and Revised Fees for Lead-Based Paint Training Programs and Certifications Proposed" (73 FR 49378; August 21, 2008), Volume 26, Issue 5, page 2.6;

* "EPA Announces Approval Program for Lead-Based Paint Kits," Volume 26, Issue 6, page 2.22;

* "Fees for Lead-Based Paint...

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Gale Document Number: GALE|A326852304