Lead; Renovation, Repair, and Painting Program, 21692-21769 [E8-8141]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21692-21769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8141]



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Part II





Environmental Protection Agency





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40 CFR Part 745



Lead; Renovation, Repair, and Painting Program; Lead Hazard Information 
Pamphlet; Notice of Availability; Final Rule

Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules 
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-8355-7]
RIN 2070-AC83


Lead; Renovation, Repair, and Painting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing a final rule under the authority of section 
402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-
based paint hazards created by renovation, repair, and painting 
activities that disturb lead-based paint in target housing and child-
occupied facilities. ``Target housing'' is 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. Under 
this rule, a child-occupied facility is a building, or a portion of a 
building, constructed prior to 1978, visited regularly by the same 
child, under 6 years of age, on at least two different days within any 
week (Sunday through Saturday period), provided that each day's visit 
lasts at least 3 hours and the combined weekly visits last at least 6 
hours, and the combined annual visits last at least 60 hours. Child-
occupied facilities may be located in public or commercial buildings or 
in target housing. This rule establishes 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. Interested States, Territories, and Indian Tribes may 
apply for and receive authorization to administer and enforce all of 
the elements of these new renovation requirements.

DATES: This final rule is effective June 23, 2008.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2005-0049. All documents in the 
docket are listed in the docket index available in regulations.gov. To 
access the electronic docket, go to https://www.regulations.gov, select 
``Advanced Search,'' then ``Docket Search.'' Insert the docket ID 
number where indicated and select the ``Submit'' button. Follow the 
instructions on the regulations.gov website to view the docket index or 
access available documents. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available electronically at https://www.regulations.gov, 
or, if only available in hard copy, at the OPPT Docket. The OPPT Docket 
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West 
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding Federal holidays. The telephone number of the 
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number 
for the OPPT Docket is (202) 566-0280. Docket visitors are required to 
show photographic identification, pass through a metal detector, and 
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC 
badge that must be visible at all times in the building and returned 
upon departure.

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. Does this Action Apply to Me?

    You may be potentially affected by this action if you perform 
renovations of target housing or child-occupied facilities 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. Under this rule, a child-occupied facility is a 
building, or a portion of a building, constructed prior to 1978, 
visited regularly by the same child, under 6 years of age, on at least 
2 different days within any week (Sunday through Saturday period), 
provided that each day's visit lasts at least 3 hours and the combined 
weekly visits last at least 6 hours, and the combined annual visits 
last at least 60 hours. Child-occupied facilities may be located in 
public or commercial buildings or in target housing. Potentially 
affected entities may include, but are not limited to:
     Building construction (NAICS code 236), e.g., single 
family housing construction, multi-family housing construction, 
residential remodelers.
     Specialty trade contractors (NAICS code 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 code 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
     Child day care services (NAICS code 624410).
     Elementary and secondary schools (NAICS code 611110), 
e.g., elementary schools with kindergarten classrooms.
     Other technical and trade schools (NAICS code 611519), 
e.g., training providers.
     Engineering services (NAICS code 541330) and building 
inspection services (NAICS code 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 Unit III. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed underFOR FURTHER 
INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    EPA is issuing a final rule under the authority of section 
402(c)(3) of the

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Toxic Substances Control Act (TSCA) to address lead-based paint hazards 
created by renovation, repair, and painting activities (hereinafter 
also referred to as renovation activities or renovation projects) that 
disturb lead-based paint in target housing and child-occupied 
facilities. ``Target housing'' is 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. Under 
this rule, a child-occupied facility is a building, or a portion of a 
building, constructed prior to 1978, visited regularly by the same 
child, under 6 years of age, on at least two different days within any 
week (Sunday through Saturday period), provided that each day's visit 
lasts at least 3 hours and the combined weekly visits last at least 6 
hours, and the combined annual visits last at least 60 hours. Child-
occupied facilities may be located in public or commercial buildings or 
in target housing. This rule establishes 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. Interested States, Territories, and Indian Tribes may 
apply for and receive authorization to administer and enforce all of 
the elements of these new renovation requirements.
    1. Information on lead and its health effects. Lead is a soft, 
bluish metallic chemical 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.
    Lead has been demonstrated to exert ``a broad array of deleterious 
effects on multiple organ systems via widely diverse mechanisms of 
action.'' This array of health effects, the evidence for which is 
comprehensively described in EPA's Air Quality Criteria for Lead 
document (Ref. 1), includes heme biosynthesis and related functions; 
neurological development and function; reproduction and physical 
development; kidney function; cardiovascular function; and immune 
function. There is also some evidence of lead carcinogenicity, 
primarily from animal studies, together with limited human evidence of 
suggestive associations.
    Of particular interest for present purposes is the delineation of 
lowest observed effect levels for those lead-induced effects that are 
most clearly associated with blood lead less 10 [mu]g/dL in children 
and/or adults and are, therefore, of greatest public health concern 
(Ref. 1, at 8-60). As evident from the Criteria Document, neurotoxic 
effects in children and cardiovascular effects in adults are among 
those best substantiated as occurring at blood-lead concentrations as 
low as 5 to 10 [mu]g/dL (or possibly lower); and these categories of 
effects are currently clearly of greatest public health concern. Other 
newly demonstrated immune and renal system effects among general 
population groups are also emerging as low-level lead-exposure effects 
of potential public health concern. (Ref. 1, at 8-60)
    The overall weight of the available evidence provides clear 
substantiation of neurocognitive decrements being associated in young 
children with blood lead concentrations in the range of 5-10 micrograms 
per deciliter ([mu]g/dL), and possibly somewhat lower. Some newly 
available analyses appear to show lead effects on the intellectual 
attainment of preschool and school age children at population mean 
concurrent blood-lead levels ranging down to as low as 2 to 8 [mu]g/dL. 
A decline of 6.2 points in full scale IQ for an increase in concurrent 
blood lead levels from 1 to 10 [mu]g/dL has been estimated, based on a 
pooled analysis of results derived from seven well-conducted 
prospective epidemiologic studies (Ref. 1, at E-9).
    Epidemiologic studies have consistently demonstrated associations 
between lead exposure and enhanced risk of deleterious cardiovascular 
outcomes, including increased blood pressure and incidence of 
hypertension. A meta-analysis of numerous studies estimates that a 
doubling of blood lead level (e.g., from 5 to 10 [mu]g/dL) is 
associated with ~1.0 mm Hg increase in systolic blood pressure and ~0.6 
mm Hg increase in diastolic pressure. (Ref. 1, at E-10).
    Both epidemiologic and toxicologic studies have shown that 
environmentally relevant levels of lead affect many different organ 
systems (Ref. 1, at E-8). Please see Ref. 1 for further information.
    The nervous system has long been recognized as a target of lead 
toxicity, with the developing nervous system affected at lower 
exposures than the mature system. While blood lead levels in U.S. 
children ages 1 to 5 years have decreased notably since the late 
1970's, newer studies have investigated and reported associations of 
effects on the neurodevelopment of children at population mean 
concurrent blood lead levels ranging down to as low as 2 to 8 [mu]g/dL 
(Ref. 1, at E-9). Functional manifestations of lead neurotoxicity 
during childhood include sensory, motor, cognitive and behavioral 
impacts. Investigating associations between lead exposure and behavior, 
mood, and social conduct of children has been an emerging area of 
research (see Ref. 1, at 6.2.6). Early studies indicated linkages 
between lower-level lead toxicity and behavioral problems (e.g., 
aggression, attentional problems, and hyperactivity) in children.
    Effects of lead on neurobehavior have been reported with remarkable 
consistency across numerous studies of various designs, populations 
studied, and developmental assessment protocols. The negative impact of 
lead on IQ and other neurobehavioral outcomes persist in most recent 
studies following adjustment for numerous confounding factors including 
social class, quality of caregiving, and parental intelligence. 
Moreover, these effects appear to persist into adolescence and young 
adulthood. Cognitive effects associated with lead exposures that have 
been observed in some studies include decrements in intelligence test 
results, such as the widely used IQ score, and in academic achievement 
as assessed by various standardized tests as well as by class ranking 
and graduation rates. Associations between lead exposure and academic 
achievement observed in the above-noted studies were significant even 
after adjusting for IQ, suggesting that lead-sensitive 
neuropsychological processing and learning factors not reflected by 
global intelligence indices might contribute to reduced performance on 
academic tasks (Ref. 1, at 8-29).
    Other cognitive effects observed in studies of children have 
included effects on attention, executive functions, language, memory, 
learning and visuospatial processing with attention and executive 
function effects observed. The evidence for the role of lead in this 
suite of effects includes experimental animal findings.These animal 
toxicology findings provide strong biological plausibility in support 
of the concept that lead may impact one or more of these specific 
cognitive

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functions in humans (Ref. 1, at 8-30). Further, lead-induced deficits 
observed in animal and epidemiological studies, for the most part, have 
been found to be persistent in the absence of markedly reduced 
environmental exposures. It is additionally important to note that 
there may be long-term consequences of such deficits over a lifetime. 
Studies examining aspects of academic achievement related to lead 
exposure indicate the association of deficits in academic skills and 
performance, which in turn lead to enduring and important effects on 
objective parameters of success in real life (Ref. 1, at 6-76).
    Lead bioaccumulates, and is only slowly removed, with bone lead 
serving as a blood lead source for years after exposure and may serve 
as a significant source of exposure. Bone accounts for more than 90% of 
the total body burden of lead in adults and 70% in children (Ref. 1, at 
4-42). In comparison to adults, bone mineral turns over much more 
quickly in children as a result of growth. Changes in blood lead 
concentration in children are thought to parallel more closely to 
changes in total body burden. Therefore, blood lead concentration is 
often used in epidemiologic and toxicological studies as an index of 
exposure and body burden for children.
    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-based 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, are at risk for high exposures 
of lead-based paint dust via hand-to-mouth exposure, and may also 
ingest lead-based paint chips from flaking paint on 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 lead-based paint dust during hand-to-mouth activities.
    2. Statutory and regulatory background. In 1992, 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 further determined that the prior Federal 
response to this threat was insufficient and enacted 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''). Title X established a national goal of 
eliminating lead-based paint hazards in housing as expeditiously as 
possible and provided a leadership role for the Federal government in 
building the infrastructure necessary to achieve this goal.
    Subsequently, President Clinton created the President's Task Force 
on Environmental Health Risks and Safety Risks to Children. Co-chaired 
by the Secretary of the Department of Health and Human Services (HHS) 
and the Administrator of 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 (Ref. 2). In October 2001, President Bush extended the work 
of the Task Force for an additional 18 months beyond its original 
charter. Reducing lead poisoning in children was the Task Force's top 
priority. Although more work remains to be done, significant progress 
has been made towards reducing lead poisoning in children. The 
estimated percentage of children with blood lead levels above the CDC 
level of concern declined from 4.4% between 1991 and 1994 to 1.6% 
between 2003 and 2004. More information on Federal efforts to address 
lead poisoning, including the responsibilities of EPA and other Federal 
Agencies under Title X, can be found in Units III.A. and III.B. of the 
preamble to the 2006 Lead; Renovation, Repair, and Painting Program 
Proposed Rule (``2006 Proposal'') (Ref. 3).
    The Act 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 section402 of TSCA 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) that govern 
lead-based paint inspections, lead hazard screens, risk assessments, 
and abatements in target housing and child-occupied facilities (also 
referred to as the Lead-based Paint Activities Regulations). These 
regulations, codified at 40 CFR part 745, subpart L, contain an 
accreditation program for training providers and training and 
certification requirements for lead-based paint inspectors, risk 
assessors, project designers, abatement supervisors, and abatement 
workers. Work practice standards for lead-based paint activities are 
included. Pursuant to TSCA section 404, provision was made for 
interested States, Territories, and Indian Tribes to apply for and 
receive authorization to administer their own lead-based paint 
activities programs.
    On June 9, 1999, the Lead-based Paint Activities Regulations were 
amended to include a fee schedule for training programs seeking EPA 
accreditation and for individuals and firms seeking EPA certification 
(Ref. 5). 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 Lead-based Paint Activities 
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. 5).
    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), 
the Consumer Products Safety Commission (CPSC), the Department of 
Housing and Urban Development (HUD), and EPA, in consultation with the 
Centers for Disease Control and Prevention (CDC), jointly developed a 
lead hazard information pamphlet entitled Protect Your Family From Lead 
in Your Home (``PYF'') (Ref. 7). 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,

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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 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.
    TSCA section 406(b) directs EPA to promulgate regulations requiring 
persons who perform renovations for compensation in target housing to 
provide a lead hazard information pamphlet to owners and occupants of 
the home being renovated. These regulations, promulgated on June 1, 
1998, are codified at 40 CFR part 745, subpart E (Ref. 8). The term 
``renovation'' is not defined in the statute, but the regulation, at 40 
CFR 745.83, defines a ``renovation'' as the modification of any 
existing structure, or portion of a structure, that results in the 
disturbance of painted surfaces. The regulations specifically exclude 
lead-based paint abatement projects as well as small projects that 
disturb 2 square feet or less of painted surface per component, 
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. These 
regulations require the renovation firm to document compliance with the 
requirement to provide the owner and the occupant with the PYF 
pamphlet. TSCA section 404 also allows States to apply for, and receive 
authorization to administer, the TSCA section 406(b) requirements.
    TSCA section 403 directs EPA to promulgate regulations that 
identify, for the purposes of Title X and Title IV of TSCA, dangerous 
levels of lead in paint, dust, and soil. These regulations were 
promulgated on January 5, 2001, and codified at 40 CFR part 745, 
subpart D (Ref. 9). These hazard 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/ft\2\) on floors 
or 250 [mu]g/ft\2\ on interior windowsills based on wipe samples. A 
soil-lead hazard is bare soil that contains total lead equal to or 
exceeding 400 parts per million (ppm) in a play area or average of 
1,200 ppm of bare soil in the rest of the yard based on soil samples.
    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) of TSCA 
requires EPA to promulgate and disseminate guidelines for the conduct 
of such activities that may create a risk of exposure to dangerous 
levels of lead. In response to this statutory directive, EPA developed 
the guidance document entitledReducing Lead Hazards when Remodeling 
Your Home in consultation with industry and trade groups (Ref. 10). 
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 https://
www.epa.gov/lead/pubs/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. EPA conducted this study 
in four phases. Phase I, the Environmental Field Sampling Study (Ref. 
11), evaluated the amount of leaded dust released by the following 
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.
    Phase II, the Worker Characterization and Blood Lead Study (Ref. 
12), involved collecting data on blood lead and renovation and 
remodeling activities from workers. Phase III, the Wisconsin Childhood 
Blood-Lead Study (Ref. 13.), was a retrospective study focused on 
assessing the relationship between renovation and remodeling activities 
and children's blood-lead levels. Phase IV, the Worker Characterization 
and Blood-Lead Study of R&R Workers Who Specialize in Renovations of 
Old or Historic Homes (Ref. 14), was similar to Phase II, but focused 
on individuals who worked primarily in old historic buildings. More 
information on the results of these peer-reviewed studies can be found 
in Unit III.C.1. of the preamble to the 2006 Proposal.
    3. Summary of 2006 Proposal. TSCA section 402(c)(3) directs EPA to 
revise the Lead-based Paint Activities Regulations to apply to 
renovation or remodeling activities that create lead-based paint 
hazards. In the 2006 Proposal, EPA proposed to conclude that any 
renovation activity that disturbs lead-based paint can create 
significant amounts of leaded dust, that most activities created lead-
based paint hazards, and that some activities can be reasonably 
anticipated to create lead-based paint hazards. Accordingly, on January 
10, 2006, EPA issued a Notice of Proposed Rulemaking covering 
renovation performed for compensation in target housing (Ref. 3). The 
2006 Proposal contained requirements designed to address lead-based 
paint hazards created by renovation, repair, and painting activities 
that disturb lead-based paint. The 2006 Proposal included 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. The 2006 Proposal would have made the rule effective in 
two stages. Initially, the rule would have applied to all renovations 
for compensation performed in target housing where a child with an 
increased blood lead level resided and rental target housing built 
before 1960. The rule would also have applied to owner-occupied target 
housing built before 1960, unless the person performing the renovation 
obtained a statement signed by the owner-occupant that the renovation 
would occur in the owner's residence and that no child under age 6 
resided there. As proposed, the rule would take effect 1 year later in 
all rental target housing built between 1960 and 1978 and owner-
occupied target housing built between 1960 and 1978. EPA also proposed 
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.
    4. Summary of 2007 Supplemental Proposal. EPA received 
approximately 250 comments on its 2006 Proposal. These comments came 
from a wide variety of commenters, including State and local 
governments, industry groups, advocacy groups, renovation contractors, 
training providers, and individuals. A significant number of these 
commenters observed that the

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proposal did not cover buildings where children under age 6 spend a 
great deal of time, such as day care centers and schools. Commenters 
noted that the risk posed to children from lead-based paint hazards in 
schools and day care centers is likely to be equal to, if not greater 
than, the risk posed from these hazards at home. These commenters 
suggested that EPA expand its proposal to include such places, and 
several suggested that EPA use the existing definition of ``child-
occupied facility'' in 40 CFR 745.223 to define the expanded scope of 
coverage. EPA felt that these comments had merit, and, because adding 
child-occupied facilities was beyond the scope of the 2006 Proposal, an 
expansion of the 2006 Proposal was necessary to give this issue full 
and fair consideration. Accordingly, on June 5, 2007, EPA issued a 
Supplemental Notice of Proposed Rulemaking (2007 Supplemental Proposal) 
to add child-occupied facilities to the universe of buildings covered 
by the 2006 Proposal (Ref. 15).
    EPA proposed to use the definition of ``child-occupied facility'' 
from 40 CFR 745.223 with some modifications to make it consistent with 
the statutory focus on children under age 6 and to better describe the 
applicability of the term in target housing and in public or commercial 
buildings. The 2007 Supplemental Proposal would apply all of the 
accreditation, training, certification, work practice, and 
recordkeeping requirements to renovations in child-occupied facilities 
in the same way that the requirements would apply to renovations in 
target housing. In addition, EPA proposed to extend the lead hazard 
information distribution requirements of the Pre-Renovation Education 
Rule, 40 CFR part 745, subpart E, to renovations in child-occupied 
facilities. Specifically, EPA proposed that persons performing 
renovations in child-occupied facilities in public or commercial 
buildings would have to provide a lead hazard information pamphlet to 
the owner of the building and to the proprietor of the child-occupied 
facility. In addition, general information about the renovation would 
have to be provided to parents and guardians of children under age 6 
using the child-occupied facility. The 2007 Supplemental Proposal 
further provided that a lead hazard information pamphlet would have to 
be provided to parents and guardians or made available upon request. 
EPA received 12 comments on its 2007 Supplemental Proposal.
    5. 2007 Notice of Data Availability. After the 2006 proposal, two 
new studies assessing hazards associated with renovation activities 
were completed. On March 16, 2007, EPA announced the availability of 
these new studies in the docket for this rulemaking (Ref. 16). EPA 
requested comment on how these studies might inform provisions of the 
final rule. EPA received nearly 100 comments in response to its notice. 
Comments specifically on the studies are discussed below. Comments on 
how the studies might affect the final rule are discussed along with 
the provisions of the final rule in Unit III.E. of this preamble.
    a. Characterization of Dust Lead Levels after Renovation, Repair, 
and Painting Activities. EPA conducted a field study (Characterization 
of Dust Lead Levels after Renovation, Repair, and Painting Activities) 
(the ``Dust Study'') to characterize dust lead levels resulting from 
various renovation, repair, and painting activities (Ref. 17). This 
study, completed in January 2007, was designed to compare environmental 
lead levels at appropriate stages after various types of renovation, 
repair, and painting preparation activities were performed on the 
interiors and exteriors of target housing units and child-occupied 
facilities. All of the jobs disturbed more than 2 square feet of lead-
based paint, so they would not have been eligible for the minor 
maintenance exception from the 2006 Proposal. The renovation activities 
were conducted by local professional renovation firms, using personnel 
who received lead safe work practices training using the curriculum 
developed by EPA and HUD, ``Lead Safety for Remodeling, Repair, and 
Painting'' (Ref. 18). The activities conducted represented a range of 
activities that would be permitted under the 2006 Proposal, including 
work practices that are restricted or prohibited for abatements under 
40 CFR 745.227(e)(6). Of particular interest was the impact of using 
specific work practices that renovation firms would be required to use 
under the proposed rule, such as the use of plastic to contain the work 
area and a multi-step cleaning protocol, as opposed to more typical 
work practices.
    The design of the Dust Study was peer-reviewed by experts in fields 
related to the study. They reviewed the design and quality assurance 
plan independently and provided written comments to EPA. The results of 
this peer-review are summarized in Unit 2 of the Dust Study report 
(Ref. 17). In addition, the record of this peer-review, which includes 
the comments from the reviewers and EPA's responses, has been placed 
into the public docket for this action.
    In the Dust Study, 12 different interior and 12 different exterior 
renovation activities were performed at 7 vacant target housing units 
in Columbus, Ohio, and 8 vacant target housing units (including four 
apartments) in Pittsburgh, Pennsylvania. Three different interior and 
three different exterior renovation activities were conducted at a 
building representing a child-occupied facility, a vacant school in 
Columbus. The presence of lead-based paint was confirmed by laboratory 
analysis before a building was assigned a particular renovation 
activity or set of activities. Before interior renovation activities 
were performed, the floors and windowsills in the work area and 
adjacent rooms were cleaned. In most cases, pre-work cleaning resulted 
in dust lead levels on floors of less than 10 [micro]g/ft\2\; nearly 
all floors were less than 40 [micro]g/ft\2\ before work started. Most 
windowsills that would be used for later sampling were cleaned to dust 
lead levels less than 250 [micro]g/ft\2\. In the few cases where that 
level was not achieved on a windowsill needed for sampling, dust 
collection trays were used. Interior renovation activities included the 
following jobs:
     Making cut-outs in the walls.
     Replacing a window from the inside.
     Removing paint with a high temperature (greater than 1100 
degrees Fahrenheit) heat gun.
     Removing paint with a low temperature (less than 1100 
degrees Fahrenheit) heat gun.
     Removing paint by dry scraping.
     Removing kitchen cabinets.
     Removing paint with a power planer.
    To illustrate the impact of the containment plastic and the 
specialized cleaning and cleaning verification protocol that would be 
required by the 2006 Proposal, each activity was performed a minimum of 
four times:
     With the plastic containment described in the 2006 
Proposal followed by the cleaning protocol described in the proposal.
     With the plastic containment described in the 2006 
Proposal followed by dry sweeping and vacuuming with a shop vacuum.
     With no plastic containment followed by the cleaning 
protocol described in the 2006 Proposal.
     With no plastic containment followed by dry sweeping and 
vacuuming with a shop vacuum.
    Dust samples were collected after the renovation work was 
completed, after cleaning, and after cleaning verification. If a 
building was being used again for the same job under different work

[[Page 21697]]

practices, or for a completely different job, the unit was recleaned 
and retested prior to starting the next job. All buildings were cleaned 
and tested after the last job.
    Geometric mean post-work, pre-cleaning floor dust lead levels in 
the work room were as follows (in [micro]g/ft\2\):
     Cut-outs--422.
     Kitchen cabinet removal--958.
     Low temperature heat gun--2,080.
     Dry scraping--2,686.
     Window replacement--3,993.
     High temperature heat gun--7,737.
     Power planing--32,644.
    Power planing is an activity very similar to power sanding in which 
a machine that operates at high speed generating large quantities of 
dust is used.
    Where baseline practices, i.e., no containment, dry sweeping, and 
vacuuming with a shop vacuum, were used, the geometric mean post-job 
floor dust lead levels in the work room were as follows (in [micro]g/
ft\2\):
     Cut-outs--22.
     Kitchen cabinet removal--58.
     Low temperature heat gun--41.
     Dry scraping--66.
     Window replacement--135.
     High temperature heat gun--445.
     Power planing--450.
    The package of proposed rule requirements, i.e., containment, 
specialized cleaning, and cleaning verification, resulted in the lowest 
geometric mean dust lead levels in the work room at the end of a job. 
These results were as follows (in [micro]g/ft\2\):
     Cut-outs--5.
     Kitchen cabinet removal--12.
     Low temperature heat gun--24.
     Dry scraping--30.
     Window replacement--33.
     High temperature heat gun--36.
     Power planing--148.
    Windowsill sample results were similar; the geometric mean dust 
lead levels after renovation activities performed in accordance with 
the proposed rule exceeded 250 [micro]g/ft\2\ only where power planing 
or a high temperature heat gun were used. When baseline practices were 
used, the geometric mean dust lead levels on the windowsills exceeded 
250 [micro]g/ft\2\ for kitchen cabinet removal, window replacement, 
high temperature heat gun use, and power planing.
    Exterior renovation activities performed as part of the study 
included the following:
     Replacing a door and doorway.
     Replacing fascia boards, soffits, and other trim.
     Removing paint with a high temperature (greater than 1100 
degrees Fahrenheit) heat gun.
     Removing paint with a low temperature (less than 1100 
degrees Fahrenheit) heat gun.
     Removing paint by dry scraping.
     Removing paint with a needle gun.
     Removing paint with power sanding or grinding.
     Removing paint with a torch or open flame.
    For the exterior jobs, plastic sheeting was placed on the ground to 
catch the debris and dust from the job, in accordance with the 
requirements of the proposed rule. Additional plastic sheeting was laid 
out beneath and beyond the ``proposed rule'' plastic. Trays to collect 
dust and debris were placed on top of and underneath the ``proposed 
rule'' plastic. Trays were also placed just outside of the ``proposed 
rule'' plastic to assess how far the dust was spreading. A vertical 
containment, as high as the work zone, was erected at the end of the 
additional plastic.
    The use of the ``proposed rule'' plastic as a ground covering 
captured large amounts of leaded dust. For all job types except 
removing paint with a torch, there was a substantial difference between 
the amount of lead captured by the ``proposed rule'' plastic and the 
amount under the ``proposed rule'' plastic. Including both bulk debris 
and dust, geometric mean lead levels in exterior samples from the 
collection trays on top of the ``proposed rule'' plastic ranged from a 
low of 60,662 [micro]g/ft\2\ for the door replacement activity to a 
high of 7,216,358 [micro]g/ft\2\ for removing paint with a high 
temperature heat gun. Geometric mean lead levels from the collection 
trays under the ``proposed rule'' plastic ranged from a low of 32 
[micro]g/ft\2\ for door replacement to 8,565 [micro]g/ft\2\ for 
removing paint with a torch.
    This regulatory action was supported by the Dust Study discussed 
above. Therefore, EPA conducted a peer review in accordance with OMB's 
Final Information Quality Bulletin for Peer Review. EPA requested this 
review from the Clean Air Scientific Advisory Committee (CASAC) Lead 
Review Panel. The CASAC, which is comprised of seven members appointed 
by the EPA Administrator, was established under the Clean Air Act as an 
independent scientific advisory committee. The CASAC's comments on the 
Dust Study, along with EPA's responses, have been placed into the 
public docket for this action. More information on the CASAC 
consultation process, along with background documents, is available on 
EPA's website at https://www.epa.gov/lead/pubs/casac.htm.
    According to the peer review report, the CASAC Panel found
    . . .that the [Dust Study] was reasonably well-designed, 
considering the complexity of the problem, and that the report 
provided information not available from any other source. The study 
indicated that the rule cleaning procedures reduced the residual 
lead (Pb) remaining after a renovation more than did the baseline 
cleaning procedures. Another positive aspect of the Dust Study was 
that it described deviations from the protocol when they occurred.

The CASAC Panel also contended that the limited data from residential 
housing units and child-occupied facilities included in the Dust Study, 
most likely do not represent a statistically valid sample of housing at 
the national level. They noted that there are aspects of the study that 
would underestimate the levels of lead-loadings while other aspects of 
the study would overestimate the loadings. EPA agrees that the Dust 
Study is not nationally representative of all housing. EPA notes that 
there are several reasons why this is the case, including the fact that 
all of the housing studied was built during 1925 or earlier, and a 
large number of the floors were in poor condition. A major purpose of 
the Dust Study was to assess the proposed work practices. A 
statistically valid sample of housing at the national level is not 
needed to assess the work practices. If anything, the Dust Study is 
conservative with respect to the age of housing because it studied 
older houses and therefore is appropriate for assessing the 
effectiveness of the work practices.
    In addition to the Dust Study which directly supported this 
regulatory action, several other studies are discussed throughout the 
preamble which may or may not have been peer reviewed.
    b. Lead-Safe Work Practices Survey Project. The National 
Association of Home Builders (NAHB) conducted a survey that assessed 
renovation and remodeling activities to measure levels of lead dust 
generated by home improvement contractors (Ref. 19). The stated 
objective of this survey, completed in November 2006, was to measure 
the amount of lead dust generated during typical renovation and 
remodeling activities and assess whether routine renovation and 
remodeling activities increased lead dust levels in the work area and 
on the property.
    The activities evaluated during the survey were selected in 
consultation with remodeling contractors. NAHB believes that these 
activities represent the most common jobs performed by renovation and 
remodeling firms. The renovations were performed by professional 
renovation and remodeling

[[Page 21698]]

contractors from each of the communities where the properties were 
located. All of the workers who participated in this project had 
previously attended and successfully completed the EPA/HUD curriculum 
for Lead Safety for Remodeling, Repair, & Painting.
    According to the NAHB survey, anEPA-certified lead-based paint 
inspector confirmed the presence of lead-based paint in all of the 
properties considered for this survey. Previous inspection reports were 
consulted if the inspections conformed to the HUD Guidelines for lead-
based paint inspections. Properties used in this survey included a 
single family home in Illinois, two single-family homes and a duplex in 
Connecticut, and an apartment above a storefront in Wisconsin.
    The NAHB survey evaluated the following activities:
     Wall and ceiling removal (demolition).
     Wall and ceiling modification.
     Window and door removal and/or replacement (no sanding).
     Window and door alteration (no sanding).
     Sanding on windows and doors.
     Kitchen or bath cabinet removal.
     Baseboard and stair removal.
     Surface preparation (sanding).
     Sawing into wood and plaster.
    Activities were performed in one of three ways: Using the work 
practices presented in the EPA/HUD curriculum, using modified work 
practices (one or more of the dust control or cleanup methods discussed 
in the EPA/HUD curriculum), or routine renovation practices.
    Area air samples were collected before, during and after the work 
activity. Personal breathing zone air samples were collected during the 
work activity. Dust wipe samples were collected before work started and 
after final clean-up. Dust wipe samples were routinely collected from 
floors near the work activity and in some cases collected from a 
windowsill and/or window well.
    In comparing the mean dust lead levels before the activities with 
the mean dust lead levels after the activities, the NAHB concluded that 
the renovation activities surveyed did not create new lead dust hazards 
overall. However, even after clean-up was conducted, over half of the 
60 individual renovation activities studied resulted in an increase in 
dust lead levels on at least one surface. In most cases, the increase 
was considerably greater than the regulatory dust-lead hazard standard 
for that surface.
    6. Statutory finding and regulatory approach--TSCA section 
402(c)(3) determination. TSCA section 402(c)(3) directs EPA to revise 
the regulations issued under TSCA section 402(a), the Lead-based Paint 
Activities Regulations, to apply to renovation or remodeling activities 
that create lead-based paint hazards. EPA finds that renovation, 
repair, and painting activities that disturb lead-based paint create 
lead-based paint hazards. This finding is based upon EPA's 
Environmental Field Sampling Study and corroborated by the Dust Study 
and the NAHB survey (Refs. 11, 17, and 19).
    In the 2006 Proposal, EPA proposed to conclude that any renovation 
activity that disturbs lead-based paint can create significant amounts 
of leaded dust, that most activities created lead-based paint hazards, 
and that some activities can be reasonably anticipated to create lead-
based paint hazards. EPA's proposed conclusions were based upon the 
results of the Environmental Field Sampling Study, which examined, on a 
variety of components using a variety of tools and methods, activities 
that EPA had determined were representative of the paint-disturbing 
activities that typically occur during renovations. The activities 
were:
     Paint removal by abrasive sanding.
     Window replacement.
     HVAC duct work.
     Demolition of interior plaster walls.
     Drilling into wood.
     Drilling into plaster.
     Sawing into wood.
     Sawing into plaster.
    Specifically, EPA proposed to conclude that all of the activities 
studied in the Environmental Field Sampling Study, with the exception 
of drilling into plaster, can create lead-based paint hazards. With 
respect to drilling into plaster, where lead-based paint is present, 
EPA proposed to conclude that this activity can reasonably be 
anticipated to create lead-based paint hazards. The Environmental Field 
Sampling Study found that, with the exception of drilling into plaster, 
all renovation and remodeling activities, when conducted where lead-
based paint is present, generated lead loadings on floors at a distance 
of 5 to 6 feet from the activity that exceeded EPA's dust-lead hazard 
standard of 40 [micro]g/ft\2\. However, upon further review, it is 
apparent that the study also found that drilling into plaster created 
dust lead levels in the immediate vicinity of the activity that 
exceeded the dust-lead hazard standard. Thus, all the activities 
studied did in fact create lead-based paint hazards.
    The 2006 Proposal cited the other phases of the TSCA section 
402(c)(2) renovation and remodeling study to support EPA's proposed 
determination that any renovation, remodeling, or painting activity 
that disturbs lead-based paint can be reasonably anticipated to create 
lead-based paint hazards. Phase III, the Wisconsin Childhood Blood-Lead 
Study, found that children who live in homes where renovation and 
remodeling activities were performed within the past year are 30% more 
likely to have a blood lead-level that equals or exceeds 10 [mu]g/dL, 
the level of concern established by CDC, than children living in homes 
where no such activity has taken place recently. Phases II and IV of 
the study, which evaluated worker exposures from renovation and 
remodeling activities, provide additional documentation of the 
significant and direct relationship between blood-lead levels and the 
conduct of certain renovation and remodeling activities. Phase II found 
a statistically significant association between increased blood lead 
levels and the number of days spent performing general renovation and 
remodeling activities, paint removal, and cleanup in pre-1950 buildings 
in the past month. Phase IV of the study found that persons performing 
renovation and remodeling activities in old historic buildings are more 
likely to have elevated blood lead levels than persons in the general 
population of renovation and remodeling workers.
    In light of EPA's proposed determination, the 2006 Proposal 
included revisions to the existing Lead-based Paint Activities 
Regulations to extend them to renovation, remodeling, and painting 
activities in target housing, with certain exceptions. In proposing to 
extend these regulations to renovation, remodeling, and painting 
activities in child-occupied facilities, the 2007 Supplemental Proposal 
incorporated the proposed TSCA section 402(c)(3) determination.
    Since the 2006 Proposal, EPA conducted the Dust Study and NAHB 
submitted the results of their survey. The results of the Dust Study 
confirm that renovation and remodeling activities that disturb lead-
based paint create lead-based paint hazards. The Dust Study evaluated a 
number of common renovation activities, including replacing windows, 
removing kitchen cabinets, cutting into walls, and removing paint by 
high and low temperature heat guns, power tools, and dry scraping. The 
geometric mean post-work dust lead levels on work room floors ranged 
from a low of 422 [micro]g/ft\2\, or 10 times the dust-lead hazard

[[Page 21699]]

standard for floors, for cut-outs, to a high of 32,644 [micro]g/ft\2\ 
for power planing. Thus, all of the activities evaluated in the Dust 
Study created floor dust lead levels that exceeded 40 [micro]g/ft\2\, 
one of the measures that, in 40 CFR 745.65, defines a lead-based paint 
hazard. It is more difficult to evaluate the effect of disturbing lead-
based paint in the NAHB Survey, since the survey did not involve 
collecting samples after work had been performed but before the post-
renovation cleaning had begun. Nevertheless, even after post-renovation 
cleaning using a variety of methods, in more than half of the 60 
experiments performed in this survey, the post-cleaning dust wipe 
sample results for at least one surface showed an increase greater than 
the TSCA section 403 hazard standard over pre-work levels. These 
experiments showing increased dust lead levels cover the range of 
activities evaluated in the NAHB Survey.
    Therefore, in this action, EPA is issuing its determination that 
renovation, repair, and painting activities that disturb lead-based 
paint create lead-based paint hazards. Because the evidence shows that 
all such activities in the presence of lead-based paint create lead-
based paint hazards, EPA is modifying its proposed finding, which 
distinguished between activities that create lead-based paint hazards 
and those that can reasonably be anticipated to create lead-based paint 
hazards, and instead concludes that renovation activities that disturb 
lead-based paint create lead-based paint hazards. Indeed, no commenter 
submitted data indicating that any renovation, repair, or painting 
activity should be exempt from regulation because it does not create 
lead-based paint hazards.
    EPA received a large number of comments on this proposed finding. 
Many expressed support for EPA's determination that any renovation, 
repair, or painting activity that disturbs lead-based paint creates 
lead-based paint hazards. Some commenters, while expressing their 
support for this determination, also opined that the regulatory dust-
lead hazard standards for floors and windowsills are too high. These 
commenters argued that recent scientific evidence shows that children 
experience adverse health effects at lower blood lead levels than 
previously thought, and since EPA's regulatory dust-lead hazard 
standards were set with reference to a blood lead level of 10 [mu]g/dL, 
the CDC level of concern, the dust-lead hazard standards must be 
lowered. EPA agrees that recent studies demonstrate that neurocognitive 
effects occur at blood lead levels below the current CDC level of 
concern. In fact, EPA's most recent Air Quality Criteria for Lead 
document, issued in October, 2006, describes several epidemiologic 
studies published in the last 5 years that observed significant lead-
induced IQ decrements in children with some effects observed at blood 
lead levels of 5 [mu]g/dL and lower (Ref. 1). The document also notes 
that other recent studies observed significant associations at low 
blood-lead levels for other neurotoxicity endpoints in addition to IQ, 
such as arithmetic and reading scores, attentional behavior, and 
neuromotive function. However, EPA is not addressing the 
appropriateness of the existing dust-lead hazard standards in this 
rulemaking. The original hazard standards were set through a separate 
rulemaking process under TSCA section 403 that allowed for input from 
all of the parties that would be affected by the standards. 
Furthermore, EPA is concerned that a full review of the available 
evidence and other considerations affecting the hazard standards as 
part of this rulemaking would result in a significant delay in 
promulgating training, certification, and work practice standards for 
renovation activities. EPA did not propose to modify the TSCA section 
403 hazard standard levels in this rulemaking and has not undertaken 
the significant analyses that would need to be performed in order to 
establish different standards. Accordingly, EPA is not able, in this 
final rule, to modify the regulatory hazard standard. In any event, 
since EPA finds that renovation activities that disturb lead-based 
paint create lead-paint hazards, lowering the hazard standard would not 
affect EPA's finding.
    Some commenters objected to EPA's proposed determination that 
renovation, repair, or painting activities that disturb lead-based 
paint create lead-based paint hazards. Some commenters interpreted 
EPA's statutory authority to regulate renovation and remodeling under 
TSCA section 402(c)(3) as being limited to those renovation and 
remodeling activities for which EPA can prove a link between the 
activity and the blood lead action level established by CDC for public 
health intervention. These commenters contend that the failure to prove 
such a link means that renovation and remodeling activities do not 
create lead-based paint hazards. This interpretation is not supported 
by the plain language of the statute. TSCA section 402(c)(3) requires 
EPA to regulate renovation and remodeling activities that create lead-
based paint hazards. The term ``lead-based paint hazard'' is defined in 
TSCA section 401 as ``any condition that causes exposure to lead from 
lead-contaminated dust . . . that would result in adverse human health 
effects as established by the Administrator under this subchapter.'' 
TSCA section 403 directs EPA to promulgate regulations which 
``identify, for purposes of this subchapter and the Residential Lead-
Based Paint Hazard Reduction Act of 1992, lead-based paint hazards, 
lead-contaminated dust, and lead-contaminated soil.'' The TSCA section 
403 regulations define dust-lead hazards as levels that equal or exceed 
40 [micro]g/ft\2\ of lead on floors or 250 [micro]g/ft\2\ of lead on 
interior windowsills. Therefore, EPA interprets TSCA as directing it to 
regulate renovation and remodeling activities if such activities create 
dust lead levels that exceed the standards for dust-lead hazards 
established under TSCA section 403. Again, the Environmental Field 
Sampling Study, the Dust Study, and the NAHB survey all demonstrate 
that renovation and remodeling activities that disturb lead-based paint 
create dust lead levels that exceed the hazard standards in 40 CFR 
745.65.
    EPA also interprets the scientific evidence for a link between 
renovations and the CDC blood lead action level differently than do 
these commenters. EPA's Wisconsin Childhood Blood-Lead Study, described 
more fully in Unit III.C.1.c. of the preamble to the 2006 Proposal, 
provides ample evidence of a link between renovation activities and 
elevated blood lead levels in resident children (Ref. 13). This peer-
reviewed study concluded that general residential renovation and 
remodeling is associated with an increased risk of elevated blood lead 
levels in children and that specific renovation and remodeling 
activities are also associated with an increase in the risk of elevated 
blood lead levels 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 elevated blood lead levels. Some of 
the commenters on this rule focused on Table 3-13 in the study report 
and cited that as evidence that work performed by paid professional 
renovators does not create a statistically significant risk of an 
elevated blood-lead level in a resident child.EPA agrees that this 
table, which presents the results of analyses using one of the sets of 
models used to interpret study data, indicates that, with respect to 
the persons performing the work, the only statistically significant 
result associated with increased risk of

[[Page 21700]]

elevated blood lead levels was work performed by a relative or friend 
not in the household. Work performed by professional renovators was 
associated with an increased risk of an elevated blood lead level, but 
the association was not statistically significant. As explained more 
fully in a memorandum summarizing additional analyses of the data from 
this study (Ref. 20), this table does not indicate that professional 
contractors were not responsible for creating lead exposure hazards. 
Rather, it indicates that renovation activities performed by 
professional contractors are no more or less hazardous than renovation 
activities performed by most of the other categories of persons 
identified in the survey responses collected as part of the study. It 
is also important to note that, while these commenters focus on a 
blood-lead level of 10 [mu]g/dL as a threshold, this level is not and 
has not been considered by CDC or EPA as a threshold for adverse 
effects.
    One commenter also dismissed the two studies from New York that EPA 
cited as supporting the findings of the Wisconsin Childhood Blood-Lead 
Study. In 1995, the New York State Department of Health assessed lead 
exposure among children resulting from home renovation and remodeling 
in 1993-1994. A review of the health department records of children 
with blood lead levels equal to or greater than 20 [mu]g/dL identified 
320, or 6.9%, with elevated blood lead levels that were attributable to 
renovation and remodeling (Ref. 21). The commenter noted that this 
study suffered from a number of limitations, including the fact that it 
was not a case-control study; i.e., the group of children with elevated 
blood lead levels attributed to renovation and remodeling was not 
compared with a similar group of households that had not undergone 
renovation during the period. EPA agrees that this is an important 
limitation of this study. However, with respect to the other 
limitations noted by this commenter, the authors of the report felt 
that most of these limitations would likely result in an 
underestimation of the burden of lead exposure associated with 
renovation and remodeling.
    The other study cited by EPA as supporting the Wisconsin Childhood 
Blood-Lead Study conclusions was a case-control study that assessed the 
association between elevated blood lead levels in children younger than 
5 years and renovation or repair activities in homes in New York City 
(Ref. 22).EPA notes that the authors show that when dust and debris was 
reported (by respondents via telephone interviews) to be ``everywhere'' 
following a renovation, the blood lead levels were significantly higher 
than children at homes that did not report remodeling work. On the 
other hand, when the respondent reported either ``no visible dust and 
debris'' or that ``dust and debris was limited to the work area,'' 
there was no statistically significant effect on blood lead levels 
relative to homes that did not report remodeling work. Although the 
study found only a weak and nonsignificant link between a report of any 
renovation activity and the likelihood that a resident child had an 
elevated bloo