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Regulatory Development and Retrospective Review Tracker

Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings

a.k.a. LRRP Public & Commercial Buildings


RIN: 2070-AJ56 (What's this?)

Docket No.: EPA-HQ-OPPT-2010-0173 (What's this?)

Current Phase: Pre-Proposal (What's this?)

Abstract:
Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings that create lead-based paint hazards.

On April 22, 2008, EPA issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities built before 1978 (child-occupied facilities are a subset of public and commercial buildings or facilities where children under age 6 spend a great deal of time). The 2008 rule established requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. This new rulemaking will address renovation or remodeling activities in the remaining buildings described in TSCA section 402(c)(3): public buildings built before 1978 and commercial buildings that are not child-occupied facilities. After the 2008 rule was published EPA was sued, in part, for failing to address potential hazards created by the renovation of public and commercial buildings. In the settlement agreement and subsequent amendments, EPA agreed to either determine that renovations of public and commercial buildings do not create hazards or to propose work practice and other requirements by July 1, 2015. On May 6, 2010, EPA announced the commencement of proceedings to determine whether the renovation of public and commercial buildings create hazards, and if so, to propose lead-safe work practices and other requirements.
Timeline

MilestoneDate
Initiated08/06/2009
ANPRM: Sent to OMB for Regulatory Review03/26/2010
ANPRM: Received by OMB03/30/2010
ANPRM: Regulatory Review Concluded04/22/2010
ANPRM: Published in FR05/06/2010
ANPRM: Comment Period Open05/06/2010
ANPRM: Comment Period Closed07/06/2010
Notice: Published in FR12/31/2012
Notice: Comment Period Open12/31/2012
Notice: Comment Period Closed04/01/2013
Notice2: Comment Period Open05/13/2013
Notice2: Published in FR05/13/2013
: Public Meeting06/26/2013
Notice2: Comment Period Closed07/12/2013
NPRM: Published in FR07/2015 (projected)

Potential Effects

Children's Health
This rule is likely to address an adverse impact on childhood lifestages, including prenatal (via exposure to women of childbearing age). The potential adverse impacts are expected to be due to exposure (i.e., children and/or women of childbearing age are more likely to be highly exposed than other lifestages).

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the health of vulnerable populations.
  • This topic is likely to impact the environmental conditions of vulnerable populations.
  • This topic is likely to present an opportunity to address an existing disproportionate impact on vulnerable populations.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 745

Legal Authority
15 USC 2682(c)(3)

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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