Lead; Renovation, Repair, and Painting Program, 1588-1636 [06-71]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Proposed Rules]
[Pages 1588-1636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-71]



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Part II





Environmental Protection Agency





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40 CFR Part 745



Lead; Renovation, Repair, and Painting Program; Proposed Rule

Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / 
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-7755-5]
RIN 2070-AC83


Lead; Renovation, Repair, and Painting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing new requirements to reduce exposure to lead 
hazards created by renovation, repair, and painting activities that 
disturb lead-based paint. This action supports the attainment of the 
Federal government's goal of eliminating childhood lead poisoning by 
2010. The proposal would establish requirements for training renovators 
and dust sampling technicians; certifying renovators, dust sampling 
technicians, and renovation firms; accrediting providers of renovation 
and dust sampling technician training; and for renovation work 
practices. These requirements would apply in ``target housing,'' 
defined in section 401 of the Toxic Substances Control Act (TSCA) as 
any housing constructed before 1978, except housing for the elderly or 
persons with disabilities (unless any child under age 6 resides or is 
expected to reside in such housing) or any 0-bedroom dwelling. 
Initially the rule would apply to all renovations for compensation 
performed in target housing where a child with an increased blood lead 
level resides, rental target housing built before 1960 and owner-
occupied target housing built before 1960, unless, with respect to 
owner-occupied target housing, the person performing the renovation 
obtains a statement signed by the owner-occupant that the renovation 
will occur in the owner's residence and that no child under age 6 
resides there. EPA is proposing to phase in the applicability of this 
proposal to all rental target housing and owner-occupied target housing 
built in the years 1960 through 1977 where a child under age 6 resides. 
This proposal is issued under the authority of TSCA section 402(c)(3). 
EPA is also proposing to allow interested States, Territories, and 
Indian Tribes the opportunity to apply for and receive authorization to 
administer and enforce all of the elements of the new renovation 
provisions.

DATES: Comments must be received on or before April 10, 2006. Under the 
Paperwork Reduction Act, comments on the information collection 
provisions must be received by OMB on or before February 9, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OPPT-2005-0049, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001. In addition, please 
mail a copy of your comments on the information collection provisions 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., 
NW., Washington, DC 20503.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2005-0049. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0049. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available in the 
on-line docket at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
regulations.gov, or e-mail. The regulations.gov website is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
at https://www.regulations.gov/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in the online docket at 
https://www.regulations.gov/ or in hard copy at the OPPT Docket, EPA 
Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The EPA Docket 
Center Reading Room telephone number is (202) 566-1744, and the 
telephone number for the OPPT Docket, which is located in the EPA 
Docket Center, is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov.
    For technical information contact: Mike Wilson, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0521; e-mail 
address: wilson.mike@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you perform 
renovations of target housing for compensation or dust sampling. Target 
housing is defined in section 401 of TSCA as any housing constructed 
prior to 1978, except housing for the elderly or persons with 
disabilities (unless any child under age 6 resides or is expected to 
reside in such housing) or any 0-bedroom dwelling.

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 Potentially affected entities may include, but are not limited to:
     Building construction (NAICS 236), e.g., single family 
housing construction, multi-family housing construction, residential 
remodelers.
     Specialty trade contractors (NAICS 238), e.g., plumbing, 
heating, and air-conditioning contractors, painting and wall covering 
contractors, electrical contractors, finish carpentry contractors, 
drywall and insulation contractors, siding contractors, tile and 
terrazzo contractors, glass and glazing contractors.
     Real estate (NAICS 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
     Other technical and trade schools (NAICS 611519), e.g., 
training providers.
     Engineering services (NAICS 541330) and building 
inspection services (NAICS 541350), e.g., dust sampling technicians.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  745.82 of the 
proposed rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket ID number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity, obscene language, or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing new requirements to reduce the exposure to lead 
hazards created by renovation, repair, and painting activities that 
disturb lead-based paint. This action supports the attainment of the 
Federal government's goal of eliminating childhood lead poisoning by 
2010. The proposal would establish requirements for training renovators 
and dust sampling technicians; certifying renovators, dust sampling 
technicians, and renovation firms; accrediting providers of renovation 
and dust sampling technician training; and renovation work practices. 
These requirements would apply in ``target housing,'' defined in TSCA 
section 401 as any housing constructed before 1978, except housing for 
the elderly or persons with disabilities (unless any child under age 6 
resides or is expected to reside in such housing) or any 0-bedroom 
dwelling. Initially the rule would apply to all renovations for 
compensation performed in target housing where a child with an 
increased blood lead level resides; rental target housing built before 
1960; and owner-occupied target housing built before 1960, unless the 
person performing the renovation obtains a statement signed by the 
owner-occupant that the renovation will occur in the owner's residence 
and that no child under age 6 resides there. EPA is proposing to phase 
in the applicability of this proposal to all rental target housing and 
owner-occupied target housing built in the years 1960 through 1977 
where a child under age 6 resides. This proposal is issued under the 
authority of TSCA section 402(c)(3). EPA is also proposing to allow 
interested States, Territories, and Indian Tribes the opportunity to 
apply for, and receive authorization to, administer and enforce all of 
the elements of the new renovation provisions.
    EPA is planning to incorporate the training, certification, and 
accreditation requirements in this proposal, along with the proposed 
work practice standards for renovations, into 40 CFR part 745, subpart 
E. Subpart E currently contains the Pre-Renovation Education Rule 
requirements. As discussed in Unit IV.B., the requirements in this 
proposal would apply to renovations currently regulated by the Pre-
Renovation Education Rule. As a result, 40 CFR part 745, subpart E 
would be a logical place to codify these requirements. In order to do 
so, EPA is proposing to remove some existing sections from this subpart 
and replace them with new sections.
    EPA is proposing to delete 40 CFR 745.84 because it is duplicative. 
This section provides some details on submitting CBI and how EPA will 
handle that information. However, comprehensive regulations governing 
sensitive business information, including CBI under TSCA, are codified 
in 40 CFR part 2. The regulations in 40 CFR part 2 set forth the 
procedures for making a claim of confidentiality and describe the rules 
governing EPA's release of information. Therefore, 40 CFR 745.84 is 
superfluous. EPA is proposing to delete this section and redesignate 
existing Sec.  745.85 as Sec.  745.84. EPA is also proposing to amend 
newly designated Sec.  745.84 so as to place the responsibility for 
carrying out the information distribution requirements on the firm 
conducting the renovation rather than the certified renovator.
    EPA is also proposing to delete 40 CFR 745.88. This section 
provides sample pamphlet acknowledgment statements and sample attempted 
delivery certification statements. These statements may, but are not 
required to, be used by renovators for the purpose of complying with 
the recordkeeping requirements of the Pre-Renovation Education Rule. 
EPA is making available in the docket and on its Web page new sample 
statements to assist renovation firms in complying with the Pre-
Renovation Education Rule as well

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as the provisions of this proposal (Ref. 1). More information on the 
recordkeeping requirements of this proposal can be found in Units 
III.B. through III.D.

B. What is the Agency's Authority for Taking this Action?

    These training, certification and accreditation requirements and 
work practice standards are being proposed pursuant to the authority of 
TSCA section 402(c)(3), 15 U.S.C. 2682(c)(3), as amended by Title X of 
the Housing and Community Development Act of 1992, Public Law 102-550 
(also known as the Residential Lead-Based Paint Hazard Reduction Act of 
1992) (``the Act'' or ``Title X'') (Ref. 2). The Model State Program 
and amendments to the regulations on the authorization of State and 
Tribal programs with respect to renovators and dust sampling 
technicians are being proposed pursuant to section 404 of TSCA, 15 
U.S.C. 2684.

III. Introduction

A. Information on Lead, Health Effects, and History

    Lead is a soft, bluish metallic element mined from rock and found 
in its natural state all over the world. Lead is virtually 
indestructible, is persistent, and has been known since antiquity for 
its adaptability in making various useful items. In modern times, it 
has been used to manufacture many different products, including paint, 
batteries, pipes, solder, pottery, and gasoline. Through the 1940's, 
paint manufacturers frequently used lead as a primary ingredient in 
many oil-based interior and exterior house paints. Usage gradually 
decreased through the 1950's and 1960's as titanium dioxide replaced 
lead and as latex paints became more widely available.
    According to the Centers for Disease Control, there is no known 
safe blood lead level (Ref. 3). Health effects associated with exposure 
to lead and lead compounds include, but are not limited to, 
neurotoxicity, developmental delays, hypertension, impaired hearing 
acuity, impaired hemoglobin synthesis, and male reproductive impairment 
(Refs. 3 and 4). Lead bioaccumulates, and it is difficult to remove 
from blood and bones. Lead exposure in young children is of particular 
concern because children absorb lead more readily than adults (Refs. 3 
and 4). Children have a higher risk of exposure because of their more 
frequent hand-to-mouth behavior (Ref. 3). Low levels of lead in a 
child's bloodstream can interfere with growth and cause cognitive 
impairment, permanent hearing and visual impairment, and other damage 
to the brain and nervous system (Refs. 3 and 4). The effects of long-
term lead exposure or poisoning in children are well-documented: Higher 
school failure rates and reductions in lifetime earnings due to 
permanent loss of intelligence and increased social pathologies (Ref. 
3).
    In large doses, lead can cause blindness, brain damage, 
convulsions, and even death. Lead exposure before or during pregnancy 
can affect fetal development and cause miscarriages, as lead can pass 
from a pregnant woman's bloodstream to the developing child. There is 
also some indication that lead exposure contributes to high blood 
pressure and reproductive and memory problems in adults (Ref. 5). 
According to EPA's Integrated Risk Information System (IRIS), by 
comparison to most other environmental toxicants, the degree of 
uncertainty about the health effects of lead is quite low and it 
appears that some effects, particularly changes in the levels of 
certain blood enzymes as well as changes in aspects of children's 
neurobehavioral development, may occur at blood levels so low as to be 
essentially without a threshold (Ref. 6).
    Paint that contains lead can pose a health threat through various 
routes of exposure. House dust is the most common exposure pathway 
through which children are exposed to lead paint hazards. Dust created 
during normal lead-based paint wear (especially around windows and 
doors) can create an invisible film over surfaces in a house. Children, 
particularly younger children, may also ingest lead-based paint chips 
from flaking walls, windows, and doors. Lead from exterior house paint 
can flake off or leach into the soil around the outside of a home, 
contaminating children's play areas. Cleaning and renovation activities 
may actually increase the threat of lead-based paint exposure by 
dispersing lead dust particles in the air and over accessible household 
surfaces. In turn, both adults and children can receive hazardous 
exposures by inhaling the dust or by ingesting paint-dust during hand-
to-mouth activities.
    In the last 3 decades of the 20th century, various agencies of the 
Federal government took independent actions to address lead exposure. 
In 1978, the Consumer Product Safety Commission (CPSC) banned the use 
of paint containing more than 0.06% lead by weight on toys, furniture, 
and interior and exterior surfaces in housing and other buildings and 
structures used by consumers (Ref. 7). Also in 1978, the Occupational 
Safety and Health Administration (OSHA) issued regulations to protect 
general industry workers from lead exposure (Ref. 8). OSHA issued 
regulations in 1993 to protect construction workers, including 
abatement workers, from lead exposure (Ref. 9). In 1973, EPA issued 
regulations designed to gradually reduce the amount of lead in leaded 
gasoline (Ref. 10). EPA lowered the maximum levels of lead permitted in 
public water systems in 1991 (Ref. 11). The Centers for Disease Control 
and Prevention (CDC) set and lowered blood lead ``levels of concern'' 
several times, as new studies showed the impact of lead levels on 
children's health (Ref. 12). (The level of concern is the level where 
medical and environmental case management activities should be 
implemented.) The Department of Housing and Urban Development (HUD) 
began to abate lead hazards in public housing that was being renovated 
or in structures occupied by a child with elevated blood lead levels. 
These efforts, and those of State and local agencies and the private 
sector, reduced the incidence of lead poisoning.
    In 1991, the Secretary of the Department of Health and Human 
Services (HHS) characterized lead poisoning as the ``number one 
environmental threat to the health of children in the United States'' 
(Ref. 13, p. A-3). Preventing Lead Poisoning in Young Children; A 
Statement By the Centers For Disease Control and Prevention, identified 
lead-based paint as the major source of high-dose lead poisoning in the 
United States (Ref. 12, pp. 7-10). Although CPSC's ban on high lead 
levels in residential paint was an important and necessary step in 
reducing the number of lead-poisoned children, millions of houses still 
contained old leaded paint.

B. The Federal Lead-based Paint Program.

    1. Title X and the Federal goal. Primarily in response to this 
persistent health threat, in 1992 Congress enacted Title X. Congress 
found that low-level lead poisoning was widespread among American 
children, affecting, at that time, as many as 3,000,000 children under 
age 6; that the ingestion of household dust containing lead from 
deteriorating or abraded lead-based paint was the most common cause of 
lead poisoning in children; and that the health and development of 
children living in as many as 3,800,000 American homes was endangered 
by chipping or peeling lead paint, or excessive amounts of lead-
contaminated dust in their homes. Congress determined that the prior 
Federal response to this crisis was

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insufficient and established, in Title X, a national goal of 
eliminating lead-based paint hazards in housing as expeditiously as 
possible. Congress decided that the Federal government would take a 
leadership role in building the infrastructure necessary to achieve 
this goal.
    The stated purposes of Title X are:
     To develop a national strategy to build the infrastructure 
necessary to eliminate lead-based paint hazards in all housing as 
expeditiously as possible.
     To reorient the national approach to the presence of lead-
based paint in housing to implement, on a priority basis, a broad 
program to evaluate and reduce lead-based paint hazards in the Nation's 
housing stock.
     To encourage effective action to prevent childhood lead 
poisoning by establishing a workable framework for lead-based paint 
hazard evaluation and reduction and by ending the current confusion 
over reasonable standards of care.
     To ensure that the existence of lead-based paint hazards 
is taken into account in the development of Government housing policies 
and in the sale, rental, and renovation of homes and apartments.
     To mobilize national resources expeditiously, through a 
partnership among all levels of government and the private sector, to 
develop the most promising, cost-effective methods for evaluating and 
reducing lead-based paint hazards.
     To reduce the threat of childhood lead poisoning in 
housing owned, assisted, or transferred by the Federal Government.
     To educate the public concerning the hazards and sources 
of lead-based paint poisoning and steps to reduce and eliminate such 
hazards.
(Ref. 2). To accomplish this ambitious goal, a number of agencies were 
assigned specific responsibilities under Title X, including HUD, CDC, 
OSHA, the National Institute for Occupational Safety and Health 
(NIOSH), and EPA.
    The elimination of lead-based paint hazards in the nation's housing 
remains an important goal for the Federal government. In 1997, 
President Clinton created the President's Task Force on Environmental 
Health Risks and Safety Risks to Children in response to increased 
awareness that children face disproportionate risks from environmental 
health and safety hazards. Co-chaired by the Secretary of HHS and the 
Administrator of the EPA, the Task Force consisted of representatives 
from 16 Federal departments and agencies. The Task Force set a Federal 
goal of eliminating childhood lead poisoning by the year 2010. This 
proposed rule is an important component of the Federal strategy for 
achieving this goal. In October 2001, President Bush extended the work 
of the Task Force for an additional 18 months beyond its original 
charter (Ref. 14). Reducing lead poisoning in children was the Task 
Force's top priority.
    Childhood lead exposure continues to be a major public health 
problem among young children in the United States. Most children with 
blood lead levels in excess of CDC's current level of concern have been 
exposed to lead in non-intact paint, interior settled dust, and dust 
and soil in and around deteriorating older housing (Ref. 15). The 
nature and extent of the problems associated with residential lead-
based paint have been thoroughly investigated. Approximately 40% of all 
U.S. housing units (about 38 million homes) have some lead-based paint. 
Use of lead-safe work practices during renovation can advance the goal 
of primary prevention of lead poisoning (Ref. 15).
    2. EPA's lead-based paint program. Under Title X, EPA is directed 
to take actions that can be divided into 4 key categories:
     Establishing a training and certification program for 
persons engaged in lead-based paint activities, accrediting training 
providers, establishing work practice standards for the safe, reliable, 
and effective identification and elimination of lead-based paint 
hazards, and developing a program to address exposure to lead-based 
paint hazards from renovation and remodeling activities.
     Ensuring that, for most housing constructed before 1978, 
lead-based paint information flows from sellers to purchasers, from 
landlords to tenants, and from renovators to owners and occupants.
     Establishing standards for identifying dangerous levels of 
lead in paint, dust and soil.
     Providing information on lead hazards to the public, 
including steps that people can take to protect themselves and their 
families from lead-based paint hazards.
Each of these categories is discussed in more detail in the following 
sections.
    a. Training and certification, accreditation, and work practice 
standards. Title X added a new title to TSCA entitled ``Title IV Lead 
Exposure Reduction.'' Most of EPA's responsibilities for addressing 
lead-based paint hazards can be found in this title, with section 402 
being one source of the rulemaking authority to carry out these 
responsibilities. TSCA section 402(a) directs EPA to promulgate 
regulations covering lead-based paint activities to ensure persons 
performing these activities are properly trained, that training 
programs are accredited, and that contractors performing these 
activities are certified. These regulations must contain standards for 
performing lead-based paint activities, taking into account 
reliability, effectiveness, and safety.
    On August 29, 1996, EPA promulgated final regulations under TSCA 
section 402(a) governing lead-based paint inspections, lead hazard 
screens, risk assessments, and abatements in target housing (Ref. 16). 
TSCA section 401 defines ``target housing'' as any housing constructed 
prior to 1978, except housing for the elderly or persons with 
disabilities (unless any child who is less than 6 years of age resides 
or is expected to reside in such housing for the elderly or persons 
with disabilities) or any 0-bedroom dwelling. These regulations also 
apply to ``child-occupied facilities,'' which are defined at 40 CFR 
745.223 as buildings constructed before 1978, or portions of such 
buildings, where children under age 6 are regularly present.
    TSCA section 402 defines lead-based paint activities in target 
housing as inspections, risk assessments and abatements. The 1996 
regulations cover lead-based paint activities in target housing and 
child-occupied facilities, along with limited screening activities 
called lead hazard screens. The regulations also established an 
accreditation program for training providers and a certification 
program for individuals and firms performing these activities.
    Training providers who wish to provide lead-based paint training 
for the purposes of the Federal lead-based paint program must be 
accredited by EPA. Implementing regulations at 40 CFR 745.225 describe 
in detail the requirements for each course of study, how training 
programs must be operated, and the process for obtaining accreditation. 
Training programs must have a training manager with experience or 
education in a construction or environmental field, and a principal 
instructor with experience or education in a related field and 
education or experience in teaching adults. Training programs must also 
have adequate facilities and equipment for delivering the training. To 
become accredited, an application for accreditation must be submitted 
to EPA on behalf of the training program. The application must either 
include the course materials and syllabus, or a statement that EPA 
model

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materials or materials approved by an authorized State or Tribe will be 
used. The application must also include a description of the facilities 
and equipment that will be used, a copy of the test blueprint for each 
course, a description of the activities and procedures that will be 
used during the hands-on skills portion of each course, a copy of the 
quality control plan, and the correct amount of fees. If EPA finds that 
the program meets the regulatory requirements, it will accredit the 
training program for 4 years. To maintain accreditation, the training 
program must submit an application and the correct amount of fees every 
4 years.
    Individuals and firms that perform inspections, lead hazard 
screens, risk assessments, or abatements in target housing or child-
occupied facilities must be certified. Certification requirements and 
the process for becoming certified are described in 40 CFR 745.226. A 
firm that wishes to become certified must submit an application, along 
with the correct amount of fees, attesting that it will use only 
certified individuals to perform lead-based paint activities and that 
it will follow the work practice standards in 40 CFR 745.227. An 
individual who wishes to become certified must take an accredited 
training course in at least one of the certified disciplines: 
Inspector, risk assessor, project designer, abatement worker, and 
abatement supervisor. The risk assessor, project designer, and 
abatement supervisor disciplines have additional requirements for 
education or experience in a construction or environmental field. The 
inspector, risk assessor, and abatement supervisor disciplines also 
require the applicant to pass a certification examination administered 
by a third party.
    The regulations at 40 CFR part 745, subpart L, also contain work 
practice standards for performing inspections, lead hazard screens, 
risk assessments and abatements in target housing and child-occupied 
facilities. The regulations contain specific requirements for 
conducting paint sampling during an inspection and specify information 
that must be gathered and samples that must be taken as part of a lead 
hazard screen or risk assessment. The requirements for abatements are 
also set forth in the regulations. When conducting abatements, an 
occupant protection plan must be prepared by a certified supervisor or 
project designer; certain work practices such as open-flame burning, 
machine sanding or abrasive blasting without high-efficiency exhaust 
control, dry scraping, and heat guns at high settings are prohibited; 
and a visual inspection and dust clearance sampling must be performed 
after the abatement is finished to ensure that the area is ready for 
re-occupancy. Any samples collected during any of these regulated lead-
based paint activities must be analyzed by a laboratory recognized by 
EPA as being capable of analyzing paint chips, dust, and soil for lead. 
Requirements for inspection, lead hazard screen, risk assessment or 
abatement reports are also described in this section.
    Recognizing the importance of States and Territories in achieving 
the goal of eliminating lead-based paint hazards in housing, Congress 
specifically directed EPA to establish a model State program and a 
process for authorizing States to operate such programs in lieu of the 
Federal program. Concurrently with the subpart L rulemaking in 1996, 
EPA codified, at 40 CFR part 745, subpart Q, a model training and 
certification program and a process for enabling States, Territories, 
and Tribes to apply for authorization to administer their own lead-
based paint activity programs. Providing Indian Tribes with this 
opportunity is consistent with EPA's Policy for the Administration of 
Environmental Programs on Indian Reservations (Ref. 17). EPA also 
provides grants under TSCA section 404 to States, Territories, and 
Tribes to assist them in developing and administering these programs, 
as well as programs implementing TSCA section 406(b), discussed in this 
Unit.
    On June 9, 1999, the subpart L regulations were amended to include 
a fee schedule for training programs seeking EPA accreditation and for 
individuals and firms seeking EPA certification (Ref. 18). These fees 
were established as directed by TSCA section 402(a)(3), which requires 
EPA to recover the cost of administering and enforcing the lead-based 
paint activities requirements in unauthorized States. The most recent 
amendment to the subpart L regulations occurred on April 8, 2004, when 
notification requirements were added to help EPA monitor compliance 
with the training and certification provisions and the abatement work 
practice standards (Ref. 19).
    As of December 2005, 44 programs comprised of 39 States, 3 Tribes, 
Puerto Rico, and the District of Columbia were authorized to administer 
lead-based paint activity programs. In the remaining jurisdictions, 
where EPA is responsible for administering the subpart L regulations, 
there were approximately 55 accredited training course providers, 1,300 
certified firms, 500 certified inspectors, 1,400 certified risk 
assessors, 60 certified project designers, 1,000 certified abatement 
supervisors, and 2,800 certified abatement workers. EPA believes that, 
in most areas of the country, there is an adequate supply of accredited 
courses and certified firms and individuals available to meet the 
demand for lead-based paint services. This is a significant part of the 
national infrastructure necessary to achieve the goal of eliminating 
lead-based paint hazards in housing.
    In addition, Congress directed EPA, in TSCA section 405, to 
establish protocols, criteria, and minimum performance standards for 
analysis of lead in paint, dust, and soil. TSCA section 405 further 
directed EPA, in consultation with HHS, to develop a program to certify 
qualified laboratories. The National Lead Laboratory Accreditation 
Program (NLLAP) provides the public with a list of laboratories that 
have met EPA requirements and demonstrated the capability to accurately 
analyze paint chip, dust, or soil samples for lead. All laboratories 
recognized by NLLAP must pass on-site audits conducted by one of the 
two accrediting organizations currently participating in NLLAP, the 
American Industrial Hygiene Association (AIHA), and the American 
Association for Laboratory Accreditation. Recognized laboratories must 
also perform successfully on a continuing basis in the Environmental 
Lead Proficiency Analytical Testing (ELPAT) Program established by 
NIOSH, AIHA, and EPA.
    b. Lead-based paint information for purchasers, renters, owners, 
and occupants of target housing. Another of EPA's responsibilities 
under Title X is to require that purchasers and tenants of target 
housing and occupants of target housing undergoing renovation are 
provided information on lead-based paint and lead-based paint hazards. 
As directed by TSCA section 406(a), CPSC, HUD, and EPA, in consultation 
with CDC, jointly developed a lead hazard information pamphlet entitled 
``Protect Your Family From Lead in Your Home'' (``PYF'') (Ref. 20). The 
availability of this pamphlet was announced on August 1, 1995 (Ref. 
21). This pamphlet was designed to be distributed as part of the 
disclosure requirements of section 1018 of Title X and TSCA section 
406(b), to provide home purchasers, renters, owners, and occupants with 
the information necessary to allow them to make informed choices when 
selecting housing to buy or rent, or deciding on home renovation 
projects. The pamphlet

[[Page 1593]]

contains information on the health effects of lead, how exposure can 
occur, and steps that can be taken to reduce or eliminate the risk of 
exposure during various activities in the home.
    Pursuant to the authority provided in section 1018 of Title X, on 
March 6, 1996, HUD and EPA jointly promulgated regulations requiring 
persons who are selling or leasing target housing to provide the PYF 
pamphlet and information on known lead-based paint and lead-based paint 
hazards in the housing to purchasers and renters (Ref. 22). These joint 
regulations, codified at 24 CFR part 35, subpart A, and 40 CFR part 
745, subpart F, describe in detail the information that must be 
provided before the contract or lease is signed and require that 
sellers, landlords, and agents document compliance with the disclosure 
requirements in the contract to sell or lease the property. Title X 
does not provide for these requirements to be administered by States or 
Tribes in lieu of the Federal regulations. Therefore, HUD and EPA are 
responsible for administering and enforcing these disclosure 
obligations.
    TSCA section 406(b) directs EPA to promulgate regulations requiring 
persons who perform home renovations for compensation to provide a lead 
hazard information pamphlet to owners and occupants of target housing 
being renovated. These regulations, promulgated on June 1, 1998, are 
codified at 40 CFR part 745, subpart E (Ref. 23). The term 
``renovation'' is defined, at 40 CFR 745.83, as the modification of any 
existing structure, or portion of a structure, that results in the 
disturbance of painted surfaces. Lead-based paint abatement projects 
are specifically excluded, as are small projects that disturb 2 square 
feet (ft2) or less of painted surfaces, emergency projects, 
and renovations affecting components that have been found to be free of 
lead-based paint, as that term is defined in the regulations, by a 
certified inspector or risk assessor. Like the regulations regarding 
disclosure during sales or leases, these regulations require the 
renovation firm to document compliance with the requirement to provide 
the owner and the occupant with the PYF pamphlet. One important 
difference from the disclosure requirements in section 1018 of Title X 
is that TSCA section 404 allows States to apply for, and receive 
authorization to administer, the TSCA section 406(b) requirements. Two 
States are currently authorized to operate this program.
    c. Standards for lead in paint, dust, and soil. Another 
responsibility assigned to EPA by Title X is the development of 
standards for identifying dangerous levels of lead in paint, dust and 
soil. These standards, promulgated pursuant to TSCA section 403 on 
January 5, 2001 and codified at 40 CFR part 745, subpart D, provide 
various Federal agencies, including HUD, and State, local and Tribal 
governments with uniform benchmarks on which to base decisions on 
remedial actions to safeguard children and the public from lead-based 
paint hazards (Ref. 24). These standards also allow certified 
inspectors and risk assessors to easily determine whether a particular 
situation presents a lead-based paint hazard and whether to recommend 
remedial actions such as lead-based paint abatement, cleaning of dust, 
or removal of soil. The standards define lead-based paint hazards in 
target housing and child-occupied facilities as paint-lead, dust-lead, 
and soil-lead hazards. A paint-lead hazard is defined as any damaged or 
deteriorated lead-based paint, any chewable lead-based painted surface 
with evidence of teeth marks, or any lead-based paint on a friction 
surface if lead dust levels underneath the friction surface exceed the 
dust-lead hazard standards. A dust-lead hazard is surface dust that 
contains a mass-per-area concentration of lead equal to or exceeding 40 
micrograms per square foot ([mu]g/ft2) on floors or 250 
[mu]g/ft2 on interior window sills based on wipe samples. A 
soil-lead hazard is bare soil that contains total lead equal to or 
exceeding 400 parts per million ([mu]g/g) in a play area or average of 
1,200 parts per million of bare soil in the rest of the yard based on 
soil samples.
    d. Public outreach and education. Among other things, TSCA section 
405(d) directs EPA, along with the Agency for Toxic Substances and 
Disease Registry (ATSDR) and HUD, to sponsor public education and 
outreach activities to increase public awareness of the health effects 
of lead, the potential for exposures, the importance of screening 
children for elevated blood lead levels, and measures that can be taken 
to reduce or eliminate lead-based paint hazards. Accordingly, EPA has 
worked to provide the public with information and increase public 
awareness of such matters. To date, these activities have included web 
site management, development of public outreach strategies, development 
of partnership agreements, distribution of materials, participation in 
national conferences and exhibits, and developing hazard information 
documents (and other media, such as videos), as necessary to implement 
Title X. EPA has collaborated closely with other Federal agencies and 
its State, Tribal, and local government partners in developing outreach 
campaigns targeted for the Women, Infants and Children (WIC) program, 
Little League Baseball, and Spanish-speaking populations. Recently, EPA 
worked with the National Head Start Association to develop a lead 
poisoning prevention campaign entitled ``Give Your Child a Chance of a 
Lifetime.'' The campaign consisted of a number of lead awareness 
documents, including a brochure for parents, fact sheets for Head Start 
staff, and a curriculum for Head Start teachers. Lead awareness 
outreach materials were provided to Head Start Centers in New York, 
Chicago, Philadelphia, Houston, and Los Angeles. The material was also 
distributed at the National Head Start Association Training 
Conferences. EPA has also been involved in developing model tool kits 
of various educational tools to provide to partners, such as slogans 
and graphic materials for public buses, trains, and mass transit 
stations.
    EPA has used its authority under TSCA section 10 to award grants to 
Tribes to support Tribal educational outreach and to conduct baseline 
assessments of Tribal children's existing and potential exposure to 
lead. In fiscal year 2005, EPA began a new targeted grant program aimed 
at reducing the incidence of childhood lead poisoning in vulnerable 
populations (Ref. 25). These grants are providing funding for proven or 
innovative programs in areas with high rates of childhood lead 
poisoning, and in areas where rates are unknown but other conditions 
suggest high rates may exist.
    TSCA section 405(e) further directs EPA to establish, in connection 
with HUD, CDC, other Federal agencies, and State and local governments, 
a clearinghouse for information on lead-based paint and a hotline for 
the public to use for questions and requests for information on lead-
based paint. This clearinghouse, the National Lead Information Center, 
handles approximately 50,000 calls per year, and disseminates up to 
500,000 documents per year to the public.
    3. Lead-based paint programs at other Federal agencies. In addition 
to EPA, other Federal agencies have important roles in achieving the 
goals of reducing or eliminating lead-based paint hazards in housing, 
as well as the national goal of eliminating childhood lead poisoning by 
2010. Other agencies specifically assigned tasks in Title X include 
HUD, CDC, and OSHA.
    The Federal agencies have long realized that they must work 
together to develop and implement Federal strategies for addressing 
lead-based

[[Page 1594]]

paint hazards in order to be efficient and effective. In 1989, HUD and 
EPA formed an inter-agency task force to work through issues associated 
with lead-based paint abatement. The Federal Interagency Lead Based 
Paint Task Force has remained active throughout the years and continues 
to meet on a quarterly basis. Participating agencies include the 
Department of Defense, the Veterans Administration, the National 
Institute of Standards and Technology (NIST), the U.S. Public Health 
Service, the National Aeronautics and Space Administration (NASA), the 
United States Department of Agriculture (USDA), the Government 
Accountability Office (GAO), the National Institute for Environmental 
Health Sciences (NIEHS), ATSDR, CDC, CPSC, NIOSH, OSHA, HUD, and EPA. 
This Task Force serves as an important forum for coordinating the 
strategic plans of the Federal agencies who have responsibilities under 
Title X or who have responsibilities for maintaining and disposing of 
property that may contain lead-based paint.
    Title X assigned certain responsibilities to HUD. One of HUD's 
functions is the administration of the Lead-Based Paint Hazard Control 
Grant Program established by the Act. This program provides grants of 
$1 million to $3 million to State and local governments for control of 
lead-based paint hazards in privately-owned, low-income owner-occupied 
and rental housing that is not receiving federal assistance. These 
grants are also designed to stimulate the development of a trained and 
certified hazard evaluation and control industry. Evaluation and hazard 
control work funded by the program must be conducted by either 
contractors who are certified by EPA or an EPA-approved State or Tribal 
program, or by contractors trained in lead-safe work practices, in the 
case of interim controls. Through these requirements, HUD hopes to 
create infrastructure that will last beyond the life of the grant. In 
awarding grants, HUD promotes the use of cost-effective approaches to 
hazard control that can be replicated across the nation. Since 1993, 
approximately $971 million has been awarded to over 200 local and State 
jurisdictions across the country. The work approved to date will lead 
to the control of lead-based paint hazards in more than 70,000 homes 
where young children reside or are expected to reside. Other HUD lead 
grant programs include the Lead Hazard Reduction Demonstration program, 
the Lead Elimination Action Program (LEAP), the Lead Outreach program 
and the Lead Technical Studies program.
    HUD was also given regulatory authority over some aspects of lead-
based paint hazard control. As noted previously, on March 6, 1996, HUD 
and EPA jointly promulgated regulations requiring the disclosure of 
lead-based paint information during sale or lease transactions 
involving target housing. The HUD disclosure regulations are codified 
at 24 CFR part 35, subpart A. Subparts B through R of 24 CFR part 35 
are known as the ``Lead Safe Housing Rule,'' initially promulgated on 
September 15, 1999, and updated in June 2004 (Ref. 26). This rule was 
designed to protect young children from lead-based paint hazards in 
target housing that is being sold by the Federal government or receives 
financial assistance from the government. The requirements generally 
depend upon the level of assistance being provided, and may include 
such things as inspections, risk assessments, abatement, paint 
stabilization, or interim controls, which are temporary measures to 
reduce potential exposure to lead-based paint hazards. The emphasis is 
on reducing lead-based paint hazards, so, after paint is disturbed, a 
visual assessment for surface dust, debris, and residue and dust 
clearance testing is required to ensure that no dust lead hazards were 
created or left in the work area or, for rehabilitation projects of 
moderate or substantial scope, in the entire housing unit. More 
information on the Lead Safe Housing Rule is available on the HUD 
website at https://www.hud.gov/offices/lead/leadsaferule/index.cfm or by 
calling (202) 755-1785, extension 104.
    Section 1017 of Title X required HUD to issue ``guidelines for the 
conduct of federally supported work involving risk assessments, 
inspections, interim controls, and abatement of lead-based paint 
hazards.'' In response to this directive, HUD completed the Guidelines 
for the Evaluation and Control of Lead-Based Paint Hazards in Housing 
(Guidelines), in June 1995 (Ref. 27). The Guidelines provide detailed, 
comprehensive, technical information on how to identify lead-based 
paint hazards in housing and how to control such hazards safely and 
efficiently.
    Other core activities of HUD's lead-based paint program include 
providing technical assistance to housing authorities, nonprofit 
housing providers, local and State agencies, other Federal agencies, 
housing developers, inspectors, real estate professionals, contractors 
and financiers, and public health authorities; evaluating the hazard 
reduction methods used in the grant program to measure their 
effectiveness, cost and safety; and maintaining a community outreach 
program in coordination with the other Federal agencies involved in 
lead-based paint hazard reduction.
    CDC also provides significant funding for the prevention of 
childhood lead poisoning. CDC provides funding to support State, city 
and county programs in the areas of primary prevention, case management 
and screening, surveillance, strategic partnerships, and program 
evaluation. Since 2002, CDC has recommended that a blood lead level of 
10 micrograms per deciliter ([mu]g/dL) be used as a threshold for 
individual intervention (Ref. 28). Additional CDC recommendations 
address the type and intensity of individual intervention strategies 
that should be undertaken, depending upon the child's blood lead level. 
These strategies range from nutritional and educational interventions, 
along with more frequent testing, for a child with a blood lead level 
of 10-14 [mu]g/dL, to medical and environmental interventions for 
children with blood lead levels above 45 [mu]g/dL (Ref. 28). CDC has 
established a national surveillance system for children with elevated 
blood lead levels. In addition, CDC works with HUD and EPA to 
coordinate outreach and education campaigns.
    OSHA is another agency with regulatory authority under Title X. As 
directed by the Act, OSHA promulgated an interim final standard on May 
4, 1993, which regulates lead exposures in the construction industry 
(Ref. 9). This standard, codified at 29 CFR 1926.62, limits worker 
exposures to 50 micrograms of lead per cubic meter of air averaged over 
an 8-hour workday. Employers must use a combination of engineering 
controls and work practices to reduce employee exposure as much as 
possible, using appropriate respiratory protection where necessary to 
achieve the exposure limit. Employees must receive training on the 
health effects of lead and how to limit exposure through proper work 
practices and personal protective equipment. Exposure monitoring and 
medical monitoring, including blood lead testing, are also required. 
This standard remains in effect and OSHA retains the authority to 
protect workers from occupational exposure to lead.
    Many Federal agencies have been working to reduce or eliminate 
lead-based paint hazards in housing and to end childhood lead 
poisoning. EPA, HUD, and other Federal agencies have been working for 
many years on the problem of lead-based paint hazards that can be 
created during renovation

[[Page 1595]]

and remodeling activities in housing. This rulemaking is an important 
component of the Federal strategy for eliminating childhood lead 
poisoning.

C. EPA Activities Related to This Rulemaking.

    TSCA section 402(c) addresses renovation and remodeling. For the 
stated purpose of reducing the risk of exposure to lead in connection 
with renovation and remodeling activities, section 402(c)(1) requires 
EPA to promulgate and disseminate guidelines for the conduct of such 
activities which may create a risk of exposure to dangerous levels of 
lead. In response to this statutory directive, EPA developed the 
guidance document entitled Reducing Lead Hazards when Remodeling Your 
Home in consultation with industry and trade groups (Ref. 29). This 
document has been widely disseminated to renovation and remodeling 
stakeholders through the National Lead Information Center, EPA Regions, 
and EPA's State and Tribal partners and is available at www.epa.gov/
lead/rrpamph.pdf.
    TSCA section 402(c)(2) directs EPA to study the extent to which 
persons engaged in various types of renovation and remodeling 
activities are exposed to lead during such activities or create a lead-
based paint hazard regularly or occasionally. The terms ``renovation'' 
and ``remodeling'' are not defined by the statute. For assistance in 
selecting the activities to be studied, and in otherwise defining the 
scope of this study, EPA consulted with persons from national 
committees, major trade industries, Federal and State governmental 
agencies, academia, and medical institutions who were involved in lead 
research and policy making. After receiving individual input from these 
consultations and a meeting in April 1993, with a number of the 
contacted individuals, EPA identified the following 11 categories of 
renovation and remodeling activities with the potential for resulting 
in exposure to lead:
     Paint removal.
     Surface preparation.
     Removal of large structures (demolition).
     Window replacement.
     Enclosure of exterior painted surfaces (i.e., siding).
     Carpet or other floor covering removal.
     Wallpaper removal.
     HVAC (central heating system) repair or replacement 
including duct work.
     Repairs or additions resulting in isolated small surface 
disruptions.
     Exterior soil disruption.
     Major renovation projects involving multiple target 
activities.
    1. Renovation and remodeling study. The study itself was conducted 
in 4 phases; each phase was peer reviewed and the results of the peer 
reviews are discussed in the study reports (Refs. 30, 31, 32, and 37). 
The approach and conclusions for each phase are summarized in this 
Unit.
    a. Phase I. The approach taken for Phase I, Environmental Field 
Sampling Study (Ref. 30), involved a series of case studies and 
included data collection efforts for the following target activities:
     Paint removal by abrasive sanding.
     Removal of large structures, including demolition of 
interior plaster walls.
     Window replacement.
     Carpet removal.
     HVAC repair or replacement, including duct work.
     Repairs resulting in isolated small surface disruptions, 
including drilling and sawing into wood and plaster.
Exterior siding, wallpaper removal, and exterior soil disruption were 
excluded because the study design team and the individuals consulted in 
the information-gathering phase generally considered these target 
activities to be of secondary importance. The last category, repairs 
resulting in isolated small surface disruptions, was represented by 
drilling holes and sawing into wood and plaster covered with lead-based 
paint.
    After the completion of each activity, dust samples were collected 
within one foot of where the activity occurred and approximately 5 to 6 
feet away from the location of the activity. Samples were collected in 
a manner that excluded any contribution of pre-existing leaded dust at 
the sample location (Ref. 30). With the exception of carpet removal and 
drilling into plaster, the results from the samples taken within one 
foot of the activity indicated that these activities produce lead 
loadings on the floor that exceed the TSCA section 403 hazard standards 
of 40 [mu]g/ft2 for lead in dust. EPA has already determined 
that loadings exceeding this level can cause adverse health effects. In 
the case of paint removal, the estimated average lead loading in a 6 
foot by one foot area extending away from the activity was 42,900 
[mu]g/ft2, or greater than 1,000 times the TSCA section 403 
dust-lead hazard standard. For paint removal, window replacement, HVAC 
work, demolition of interior plaster walls, and sawing into wood, the 
samples taken 6 feet away from the activity also indicated lead 
loadings at levels well in excess of the TSCA section 403 standard.
    This phase of the study also examined the effectiveness of two 
popular cleaning methods, broom sweeping and shop-vacuuming, for 
removing settled lead-dust. Although these data indicate that standard 
broom sweeping or shop-vacuuming can remove a high percentage of the 
dust (up to 99%), lead loadings nevertheless remained consistently 
above the TSCA section 403 standard. In addition, the data show that 
standard cleanup techniques sometimes disperse lead dust throughout the 
work area, thereby increasing lead levels in areas more distant from 
the work area. Accordingly, EPA has concluded that standard broom 
sweeping or shop-vacuuming are not reliable or effective methods for 
removing lead-based paint hazards created by typical renovation and 
remodeling activities.
    Worker air-monitoring samples, indicating the degree of worker 
inhalation exposure, were also collected during this phase of the 
study. These data suggest that some renovation and remodeling 
activities could result in worker exposure that exceeds OSHA's 
permissible exposure limit (PEL) for lead of 50 [mu]g/m3. 
OSHA's PEL is based on an 8-hour time-weighted average (TWA), which is 
an average exposure over one 8-hour shift. This study measured only 
average exposures over the duration of a particular activity, which 
would be equivalent to an 8-hour TWA for a worker only if it is assumed 
that the monitored activity is performed for 8 hours in a day. However, 
the worker exposure data generated in this study indicate that some 
exposures are likely to be so high that conducting the activity for 
only a short time would result in an 8-hour TWA that exceeds the OSHA 
PEL. For example, worker exposures monitored during power sanding and 
sawing into wood were so high that it is estimated that 45 minutes of 
performing these activities would result in an exposure that exceeded 
the PEL.
    b. Phase II. Phase II of the study, Worker Characterization and 
Blood-Lead Study, continued to address worker exposure (Ref. 31). This 
phase involved collecting data on blood samples and questionnaires from 
585 renovation and remodeling workers from Philadelphia and St. Louis. 
The questionnaire focused on demographic and background information 
such as work history, work habits, and hobbies. Questionnaire data also 
indicated that few renovation and remodeling professionals were using 
respirators or high energy particulate air (HEPA) vacuums. Blood 
samples were collected from 581 of the 585 workers. Of these

[[Page 1596]]

samples, 9.1% were above 10 [mu]g/dL, 1.2% were above 25 [mu]g/dL, and 
one worker had a blood-lead concentration greater than 40 [mu]g/dL. The 
geometric mean blood-lead concentration for all workers was 4.5 [mu]g/
dL. A statistical model was developed and fit to the data that included 
effects for variables potentially related to lead exposure, such as the 
age of a worker's home; type of work usually performed by the worker; 
and the amount of renovation and remodeling activity conducted recently 
and over the worker's career. There were significant differences among 
the worker groups. Drywall workers and painters had the highest 
predicted blood-lead concentrations, and floor layers had the lowest. 
In addition, there was a statistically significant correlation between 
the number of days worked in pre-1950 buildings in the past month and 
increases in blood-lead concentrations for general renovation and 
remodeling work, paint removal, and cleanup, although the estimated 
increase was very small, less than 1 [mu]g/dL for all activities (Ref. 
38).
    c. Phase III. Phase III of the study, Wisconsin Childhood Blood-
Lead Study, was a retrospective study focused on assessing the 
relationship between renovation and remodeling activities and 
children's blood-lead levels (Ref. 32). This study demonstrated that 
general residential renovation and remodeling is associated with an 
increased risk of elevated blood lead levels (EBLs) in children and 
that specific renovation and remodeling activities are also associated 
with an increase in the risk of EBLs in children. In particular, 
removing paint (using open flame torches, using heat guns, using 
chemical paint removers, and wet scraping/sanding) and preparing 
surfaces by sanding or scraping significantly increased the risk of 
EBLs. Overall, these results agree with those from earlier phases of 
the renovation and remodeling study--renovation and remodeling 
activities that disturb lead-based paint increase the risk of exposure 
to occupants. Additionally, children living in a residence while 
renovation and remodeling was conducted were 30% more likely to have 
EBLs than children who did not live in a residence during the time 
renovation and remodeling was conducted.
    During the Small Business Advocacy Review Panel process discussed 
in greater detail in Unit VIII.C.6., questions were raised in 
connection with this phase of the study (Ref. 33). Specifically, it was 
noted that the effect shown in this phase of the study was somewhat 
ambiguous in that several confounding factors may have contributed to 
the blood lead levels. In addition, this phase yielded several 
surprising results, including evidence of an increased risk of elevated 
blood lead levels in homes that were built after 1978, the date lead-
based paint was banned, although the report did offer several 
explanations for this result. While the study identified a correlation 
between renovation and remodeling activities and elevated blood lead 
levels in children, the Panel report states that there was no 
statistically significant increased risk of elevated blood lead levels 
(possibly because of the small sample size) when the study focuses 
solely on work performed by apartment building owners, apartment 
building staff or professional contractors. The Panel recommended that 
EPA undertake additional analysis of the data from this phase of the 
study to determine if a child was more likely to have an elevated blood 
lead level if the renovation and remodeling was performed by a relative 
or friend than if performed by a professional contractor or building 
management staff (those subject to the rule). The results of EPA's 
additional analysis, which focused on the relationship between who 
performs renovation and remodeling activities and the odds of an 
elevated blood lead level occurring in a resident child, have been 
placed in the docket (Ref. 34). In homes where renovation and 
remodeling activities had been performed, the analysis indicated the 
following ordering of the five possible responses to the question of 
who performed the renovation and remodeling, in order of