In 2010, EPA issued an advance notice of proposed rulemaking concerning renovation, repair, and painting activities on and in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards. For those that do, EPA will develop certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has now opened a comment period to allow for additional data and other information to be submitted by the public and interested stakeholders. Comments must be received on or before April 1, 2013. EPA plans to hold a public meeting on June 26, 2013.
As background, Title IV of TSCA was enacted to reduce lead exposures, particularly those resulting from lead-based paint. TSCA requires EPA to revise its Lead-based Paint Activities Regulations to apply to those renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings that create lead-based paint hazards. In April 2008, EPA issued the final Lead Renovation, Repair, and Painting (RRP) Rule. The RRP Rule covers renovation, repair, and painting activities in target housing, which is most pre-1978 housing, and child-occupied facilities, defined in the rule as a subset of public and commercial buildings in which young children spend a significant amount of time.
Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule, asserting that EPA failed to address renovation activities in public and commercial buildings. As part of a settlement agreement, EPA agreed to commence rulemaking to address renovations in public and commercial buildings, other than child-occupied facilities. EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that these activities do not create lead-based paint hazards by July 1, 2015.
In addition, EPA agreed to hold a public meeting on or before July 31, 2013, and offer an opportunity for stakeholders and other interested members of the public to provide data and other information that EPA may use in making its regulatory determinations. Of particular interest to EPA for developing a proposed rule is information concerning:
1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint in and on public and commercial buildings.
3. The frequency and extent of renovations on public and commercial buildings.
4. Work practices used in renovation of public and commercial buildings.
5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.