EPA to Hold Public Meeting June 26 on Expansion of Lead Paint Program

Wed, 05/15/2013 - 12:05

Public and Commercial Buildings are Target for Future Rules The U.S. Environmental Protection Agency (EPA) published the details for an upcoming public meeting - set for June 26, 2013 - on the subject of EPA’s ongoing evaluation into whether to and how to regulate renovation, repair and painting (RRP) activities in all public and commercial buildings that purportedly have lead-based paint.  EPA provided advanced notice of this meeting earlier in the year, when it solicited comment from stakeholders who manage or perform RRP work on the exterior or interior of such buildings.  AGC has already submitted detailed comments questioning the lack of lead-paint data for public and commercial buildings. AGC is also preparing to testify at the upcoming public meeting.  This week, EPA issued a notice in the Federal Register that provides additional details related to the June 26 public meeting to be held at EPA Headquarters in Washington, D.C.  The notice points to a new discussion guide that summarizes the data and information EPA has received from stakeholders thus far; data and information on renovation and remodeling activities in public and commercial buildings and potential lead-based paint hazards therein. Requests to participate (in-person) in the public meeting are due by June 3 to EPA’s Hans Scheifele at (202) 564–3122 or scheifele.hans@epa.gov.   EPA has also re-opened the comment period on this topic through July 12, 2013.  You may submit written comments, identified by docket ID number EPA–HQ–OPPT–2010–0173, by using the Federal eRulemaking Portal: http://www.regulations.gov. Specifically, EPA is looking for data and information on:

• The manufacturing, sale, and uses of lead-based paint after 1978;
• The use of lead-based paint on public and commercial buildings;
• The frequency and extent of renovations of public and commercial buildings;
• Work practices used to renovate public and commercial buildings; and
• Dust generation and transportation from exterior and interior renovations of public and commercial buildings.

More Information EPA’s current Lead Renovation, Repair and Painting (LRRP) regulation – the one finalized in 2008 and fully implemented in 2010 — applies only to paid contractors who perform renovation, repair, and painting projects that disturb lead-based paint in pre-1978 “target housing” and “child-occupied facilities” such as daycares and schools. However, be aware that by the end of 2016, pursuant to a lawsuit settlement agreement, EPA may expand the application of the 2008 LRRP rule to potentially all commercial buildings and pre-1978 public buildings.  That would mean a lot more projects, and presumably a lot more AGC members, would need to comply with federal training, certification, lead-safe work practice, recordkeeping and other requirements (under the 2008 LRRP rule), or risk fines of up to $37,500 per day per violation. As previously reported by AGC, EPA has recently initiated sweeping enforcement actions against dozens of companies across the country for violations of the current LRRP rule.  Click here for AGC’s Fact Sheet on what the LRRP rule requires. Click here to read the 61-page response filed by AGC and its partners in the “Commercial Properties Coalition” in response to EPA’s latest request for data and information on renovation and remodeling activities in public and commercial buildings and potential lead-based paint hazards therein. For a summary of the industry’s current position, click here. For information on AGC’s advocacy work, please feel free to contact Leah Pilconis, senior environmental advisor to AGC, at pilconisl@agc.org.