Review of the National Ambient Air Quality Standards for Lead, 71906-71943 [2016-23153]
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Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2010–0108; FRL–9952–87–
OAR]
RIN 2060–AQ44
Review of the National Ambient Air
Quality Standards for Lead
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Based on the Environmental
Protection Agency’s (EPA’s) review of
the air quality criteria and the national
ambient air quality standards (NAAQS)
for lead (Pb), the EPA is retaining the
current standards, without revision.
DATES: This final rule is effective on
November 17, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2010–0108.
Incorporated into this docket is a
separate docket established for the
Integrated Science Assessment for this
review (Docket ID No. EPA–HQ–ORD–
2011–0051). All documents in these
dockets are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, e.g., 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. It may be viewed, with prior
arrangement, at the EPA Docket Center.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket
Information Center, EPA/DC, WJC West
Building, Room 3334, 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 telephone
number for the Public Reading Room is
(202) 566–1744 and the telephone
number for the Air and Radiation
Docket Information Center is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Dr.
Deirdre L. Murphy, Health and
Environmental Impacts Division, Office
of Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Mail code C504–06, Research Triangle
Park, NC 27711; telephone: (919) 541–
0729; fax: (919) 541–0237; email:
murphy.deirdre@epa.gov.
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SUMMARY:
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Availability of Information Related to
this Action
A number of the documents that are
relevant to this action are available
through the EPA’s Office of Air Quality
Planning and Standards (OAQPS)
Technology Transfer Network (TTN)
Web site at https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_index.html.
These documents include the Integrated
Review Plan for the National Ambient
Air Quality Standards for Lead (USEPA,
2011a), available at https://www.epa.gov/
ttn/naaqs/standards/pb/s_pb_2010_
pd.html, the Integrated Science
Assessment for Lead (USEPA, 2013a),
available at https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_2010_
isa.html, the Review of the National
Ambient Air Quality Standards for
Lead: Risk and Exposure Assessment
Planning Document (USEPA, 2011b),
available at https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_2010_
pd.html, and the Policy Assessment for
the Review of the Lead National
Ambient Air Quality Standards (USEPA,
2014), available at https://www.epa.gov/
ttn/naaqs/standards/pb/s_pb_2010_
pa.html. These and other related
documents are also available for
inspection and copying in the EPA
docket identified above.
SUPPLEMENTARY INFORMATION:
Table of Contents
Executive Summary
I. Background
A. Legislative Requirements
B. Related Lead Control Programs
C. Review of the Air Quality Criteria and
Standards for Lead
D. Multimedia, Multipathway Aspects of
Lead
E. Air Quality Monitoring
F. Summary of Proposed Decisions
G. Organization and Approach to Final
Decisions
II. Rationale for Decision on the Primary
Standard
A. Introduction
1. Background on the Current Standard
2. Overview of Health Effects Evidence
3. Overview of Information on Blood Lead
Relationships With Air Lead
4. Overview of Risk and Exposure
Assessment Information
B. Conclusions on the Primary Standard
1. Basis for the Proposed Decision
2. CASAC Advice in This Review
3. Comments on the Proposed Decision
4. Administrator’s Conclusions
C. Decision on the Primary Standard
III. Rationale for Decision on the Secondary
Standard
A. Introduction
1. Overview of Welfare Effects Information
2. Overview of Risk Assessment
Information
B. Conclusions on the Secondary Standard
1. Basis for the Proposed Decision
2. CASAC Advice in This Review
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3. Comments on the Proposed Decision
4. Administrator’s Conclusions
C. Decision on the Secondary Standard
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Determination Under Section 307(d)
L. Congressional Review Act
References
Executive Summary
This document describes the
completion of our current review of the
NAAQS for Pb. This review of the
standards and the air quality criteria
(the scientific information upon which
the standards are based) is required by
the Clean Air Act on a periodic basis. In
conducting this review, the EPA has
carefully evaluated the currently
available scientific literature on the
health and welfare effects of Pb,
focusing particularly on the information
newly available since the conclusion of
the last review in 2008. Between 2008
and 2014, the EPA prepared draft and
final versions of the Integrated Science
Assessment and the Policy Assessment,
multiple drafts of which were subject to
public review and comment and were
reviewed by the Clean Air Scientific
Advisory Committee, an independent
scientific advisory committee
established pursuant to the Clean Air
Act and charged with providing advice
to the Administrator. The EPA issued a
proposed decision on the standards on
January 5, 2015 (80 FR 278), and
provided a 3-month period for
submission of comments from the
public. After consideration of public
comments on the proposed decision and
advice from the Clean Air Scientific
Advisory Committee, the EPA has
developed this document, which is the
final step in the review process.
The prior review of the NAAQS for Pb
was completed in 2008. As a result of
that review, we significantly revised
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both the primary and secondary
standards, including a lowering of the
standard levels by an order of
magnitude. The 2008 change to the
primary standard was focused on
providing the requisite protection for
children and other at-risk populations
against an array of adverse health
effects, most notably including
neurological effects in children,
including neurocognitive effects (e.g., IQ
loss) and neurobehavioral effects.
Although Pb has long been recognized
to exert an array of adverse health
effects, over the three decades from the
time the standard was initially set in
1978 through its revision with the
NAAQS review completed in 2008, the
evidence base expanded considerably in
a number of areas, including with regard
to effects on neurocognitive function in
young children at increasingly lower
blood Pb levels. These effects formed
the principal basis for the 2008
revisions to the primary standard.
The health effects evidence newly
available in this review of the 2008
standard, as critically assessed in the
ISA in conjunction with the full body of
evidence, reaffirms conclusions on the
broad array of effects recognized for Pb
in the last review. Further, the currently
available evidence is generally
consistent with the evidence available
in the last review, particularly with
regard to key aspects of the evidence on
which the current standard (set in 2008)
is based. These key aspects include
those regarding the relationships
between air Pb concentrations and the
associated Pb in the blood of young
children as well as between total blood
Pb levels and effects on children’s IQ.
Based on consideration of the
currently available health effects
evidence in the context of this
framework, and with support from the
exposure/risk information, recognizing
the uncertainties attendant in both, as
well as the increasing uncertainty of risk
estimates for lower air Pb
concentrations, the Administrator
concludes that the current primary
standard provides the requisite
protection of public health with an
adequate margin of safety, including
protection of at-risk populations. With
regard to the secondary standard, the
EPA has considered the currently
available welfare effects evidence and
screening-level risk information,
including the general consistency of the
current evidence with that available in
the last review and the substantial
limitations in the current evidence that
complicate conclusions regarding the
potential for Pb emissions under the
current, much lower standard to
contribute to welfare effects. Based on
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A. Legislative Requirements
Two sections of the Clean Air Act
(CAA or the Act) govern the
establishment and revision of the
NAAQS. Section 108 (42 U.S.C. 7408)
directs the Administrator to identify and
list certain air pollutants and then to
issue air quality criteria for those
pollutants. The Administrator is to list
those air pollutants that in her
‘‘judgment, cause or contribute to air
pollution which may reasonably be
anticipated to endanger public health or
welfare;’’ ‘‘the presence of which in the
ambient air results from numerous or
diverse mobile or stationary sources;’’
and ‘‘for which . . . [the Administrator]
plans to issue air quality criteria . . .’’
Air quality criteria are intended to
‘‘accurately reflect the latest scientific
knowledge useful in indicating the kind
and extent of all identifiable effects on
public health or welfare which may be
expected from the presence of [a]
pollutant in the ambient air . . .’’ 42
U.S.C. 7408(b). Section 109 (42 U.S.C.
7409) directs the Administrator to
propose and promulgate ‘‘primary’’ and
‘‘secondary’’ NAAQS for pollutants for
which air quality criteria are issued.
Section 109(b)(1) defines a primary
standard as one ‘‘the attainment and
maintenance of which in the judgment
of the Administrator, based on such
criteria and allowing an adequate
margin of safety, are requisite to protect
the public health.’’ 1 A secondary
standard, as defined in section
109(b)(2), must ‘‘specify a level of air
quality the attainment and maintenance
of which, in the judgment of the
Administrator, based on such criteria, is
requisite to protect the public welfare
from any known or anticipated adverse
effects associated with the presence of
[the] pollutant in the ambient air.’’
The requirement that primary
standards provide an adequate margin
of safety was intended to address
uncertainties associated with
inconclusive scientific and technical
information available at the time of
standard setting. It was also intended to
provide a reasonable degree of
protection against hazards that research
has not yet identified. See Lead
Industries Association v. EPA, 647 F.2d
1130, 1154 (D.C. Cir. 1980), cert. denied,
449 U.S. 1042 (1980); American
Petroleum Institute v. Costle, 665 F.2d
1176, 1186 (D.C. Cir. 1981), cert. denied,
455 U.S. 1034 (1982); American Farm
Bureau Federation v. EPA, 559 F. 3d
512, 533 (D.C. Cir. 2009); Association of
Battery Recyclers v. EPA, 604 F. 3d 613,
617–18 (D.C. Cir. 2010). Both kinds of
uncertainties are components of the risk
associated with pollution at levels
below those at which human health
effects can be said to occur with
reasonable scientific certainty. Thus, in
selecting primary standards that provide
an adequate margin of safety, the
Administrator is seeking not only to
prevent pollution levels that have been
demonstrated to be harmful but also to
prevent lower pollutant levels that may
pose an unacceptable risk of harm, even
if the risk is not precisely identified as
to nature or degree. The CAA does not
require the Administrator to establish a
primary NAAQS at a zero-risk level or
at background concentration levels, see
Lead Industries v. EPA, 647 F.2d at 1156
n.51, but rather at a level that reduces
risk sufficiently so as to protect public
health with an adequate margin of
safety.
In addressing the requirement for an
adequate margin of safety, the EPA
considers such factors as the nature and
severity of the health effects involved,
the size of sensitive population(s) at
risk,2 and the kind and degree of the
uncertainties that must be addressed.
The selection of any particular approach
to providing an adequate margin of
safety is a policy choice left specifically
to the Administrator’s judgment. See
Lead Industries Association v. EPA, 647
F.2d at 1161–62.
In setting primary and secondary
standards that are ‘‘requisite’’ to protect
public health and welfare, respectively,
as provided in section 109(b), the EPA’s
task is to establish standards that are
neither more nor less stringent than
necessary for these purposes. In so
doing, the EPA may not consider the
1 The legislative history of section 109 indicates
that a primary standard is to be set at ‘‘the
maximum permissible ambient air level . . . which
will protect the health of any [sensitive] group of
the population,’’ and that for this purpose
‘‘reference should be made to a representative
sample of persons comprising the sensitive group
rather than to a single person in such a group.’’ See
S. Rep. No. 91–1196, 91st Cong., 2d Sess. 10 (1970).
2 As used here and similarly throughout this
document, the term population (or group) refers to
persons having a quality or characteristic in
common, such as a specific pre-existing illness or
a specific age or life stage. As discussed more fully
in section II.A.2.d below, the identification of
sensitive groups (called at-risk groups or at-risk
populations) involves consideration of
susceptibility and vulnerability.
these considerations, the Administrator
concludes that the current secondary
standard is requisite to protect public
welfare from known or anticipated
adverse effects. Thus, based on the
EPA’s review of the air quality criteria
and the NAAQS for Pb, the EPA is
retaining the current standards, without
revision.
I. Background
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costs of implementing the standards.
See generally, Whitman v. American
Trucking Associations, 531 U.S. 457,
465–472, 475–76 (2001). Likewise,
‘‘[a]ttainability and technological
feasibility are not relevant
considerations in the promulgation of
national ambient air quality standards.’’
American Petroleum Institute v. Costle,
665 F. 2d at 1185.
Section 109(d)(1) requires that ‘‘not
later than December 31, 1980, and at 5year intervals thereafter, the
Administrator shall complete a
thorough review of the criteria
published under section 108 and the
national ambient air quality standards
. . . and shall make such revisions in
such criteria and standards and
promulgate such new standards as may
be appropriate. . . .’’ Section 109(d)(2)
requires that an independent scientific
review committee ‘‘shall complete a
review of the criteria . . . and the
national primary and secondary ambient
air quality standards . . . and shall
recommend to the Administrator any
new . . . standards and revisions of
existing criteria and standards as may be
appropriate . . .’’ Since the early 1980s,
this independent review function has
been performed by the Clean Air
Scientific Advisory Committee
(CASAC).3
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B. Related Lead Control Programs
States are primarily responsible for
ensuring attainment and maintenance of
the NAAQS. Under section 110 of the
Act (42 U.S.C. 7410) and related
provisions, states are to submit, for EPA
approval, state implementation plans
that provide for the attainment and
maintenance of such standards through
control programs directed to sources of
the pollutants involved. The states, in
conjunction with the EPA, also
administer the Prevention of Significant
Deterioration program (42 U.S.C. 7470–
7479) for these pollutants.
The NAAQS is only one component
of the EPA’s programs to address Pb in
the environment. Federal programs
additionally provide for nationwide
reductions in air emissions of these and
other air pollutants through the Federal
Motor Vehicle Control Program under
Title II of the Act (42 U.S.C. 7521–7574),
which involves controls for automobile,
truck, bus, motorcycle, nonroad engine,
and aircraft emissions; the new source
performance standards under section
111 of the Act (42 U.S.C. 7411);
emissions standards for solid waste
3 Lists of CASAC members and of members of the
CASAC Lead Review Panel are available at: https://
yosemite.epa.gov/sab/sabproduct.nsf/WebCASAC/
CommitteesandMembership?OpenDocument.
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incineration units and the national
emission standards for hazardous air
pollutants (NESHAP) under sections
129 (42 U.S.C. 7429) and 112 (42 U.S.C.
7412) of the Act, respectively.
The EPA has taken a number of
actions associated with these air
pollution control programs since the last
review of the Pb NAAQS (completed in
2008), including completion of several
regulations that will result in reduced
Pb emissions from stationary sources
regulated under the CAA sections 112
and 129. For example, in January 2012,
the EPA updated the NESHAP for the
secondary lead smelting source category
(77 FR 555, January 5, 2012). These
amendments to the original maximum
achievable control technology standards
apply to facilities nationwide that use
furnaces to recover Pb from Pb-bearing
scrap, mainly from automobile batteries
(13 existing facilities). This action was
estimated to result in a Pb emissions
reduction of 13.6 tons per year (tpy)
across the category (a 68 percent
reduction). Somewhat lesser Pb
emissions reductions are also expected
from regulations completed in 2013 for
commercial and industrial solid waste
incineration units (78 FR 9112, February
7, 2013), as well as several other
regulations since 2007 (72 FR 73179,
December 26, 2007; 72 FR 74088,
December 28, 2007; 73 FR 225,
November 20, 2008; 78 FR 10006,
February 12, 2013; 76 FR 15372, March
21, 2011; 78 FR 7138, January 31, 2013;
74 FR 51368, October 6, 2009; Policy
Assessment, Appendix 2A).
The presentation below briefly
summarizes additional ongoing
activities that, although not directly
pertinent to the review of the NAAQS,
are associated with controlling
environmental Pb levels and human Pb
exposures more broadly. Among those
identified are the EPA programs
intended to encourage exposure
reduction programs in other countries.
Reducing Pb exposures has long been
recognized as a federal priority as
environmental and public health
agencies continue to grapple with soil
and dust Pb levels from the historical
use of Pb in paint and gasoline and from
other sources (Alliance to End
Childhood Lead Poisoning, 1991; 62 FR
19885, April 23, 1997; 66 FR 52013,
October 11, 2001; 68 FR 19931, April
23, 2003). A broad range of federal
programs beyond those that focus on air
pollution control provide for
nationwide reductions in environmental
releases and human exposures.
Pursuant to section 1412 of the Safe
Drinking Water Act (SDWA), EPA sets
public health goals and enforceable
standards for drinking water quality.
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The Lead and Copper Rule (LCR) is a
treatment technique rule. The LCR
requires public water systems to treat
the water to reduce corrosion of Pb and
copper from premise plumbing and
drinking water distribution system
components. When corrosion control
treatment isn’t enough, water systems
must educate the public about Pb in
drinking water and replace lead service
lines, which are the pipes that connect
buildings to the drinking water mains
(40 CFR 141.80–141.91). The
importance of corrosion control
treatment was illustrated by the recent
events in Flint, MI, when Pb levels in
drinking water increased after the water
system did not maintain corrosion
control treatment when the system
changed its water supply. Section 1417
of the SDWA additionally prohibits the
use of any pipe, any pipe or plumbing
fitting or fixture, any solder, or any flux
in the installation or repair of any
public water system or any plumbing in
a residential or non-residential facility
providing water for human
consumption, that is not lead free as
defined by the Act.4
Additionally, federal Pb abatement
programs provide for the reduction in
human exposures and environmental
releases from in-place materials
containing Pb (e.g., Pb-based paint,
urban soil and dust, and contaminated
waste sites). Federal regulations on
disposal of Pb-based paint waste help
facilitate the removal of Pb-based paint
from residences (68 FR 36487, June 18,
2003).
Federal programs to reduce exposure
to Pb in paint, dust, and soil are
specified under the comprehensive
federal regulatory framework developed
under the Residential Lead-Based Paint
Hazard Reduction Act (Title X). Under
Title X (codified as Title IV of the Toxic
Substances Control Act [TSCA]), the
EPA has established regulations and
associated programs in six categories:
(1) Training, certification and work
practice requirements for persons
engaged in Pb-based paint activities
(abatement, inspection and risk
assessment); accreditation of training
providers; and authorization of state and
tribal Pb-based paint programs; (2)
training, certification, and work practice
requirements for persons engaged in
home renovation, repair and painting
(RRP) activities; accreditation of RRP
training providers; and authorization of
4 Effective in January 2014, the amount of Pb
permitted in pipes, fittings, and fixtures was
lowered (see ‘‘Section 1417 of the Safe Drinking
Water Act: Prohibition on Use of Lead Pipes,
Solder, and Flux’’ at https://www.epa.gov/
dwstandardsregulations/section-1417-safe-drinkingwater-act-prohibition-use-lead-pipes-solder-and).
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state and tribal RRP programs; (3)
ensuring that, for most housing
constructed before 1978, information
about Pb-based paint and Pb-based paint
hazards flows from sellers to
purchasers, from landlords to tenants,
and from renovators to owners and
occupants; (4) establishing standards for
identifying dangerous levels of Pb in
paint, dust and soil; (5) providing grant
funding to establish and maintain state
and tribal Pb-based paint programs; and
(6) providing information on Pb hazards
to the public, including steps that
people can take to protect themselves
and their families from Pb-based paint
hazards. The most recent rule issued
under Title IV of TSCA is for the Lead
Renovation, Repair and Painting
Program (73 FR 21692, April 22, 2008),
which became fully effective in April
2010 and which applies to compensated
renovators and maintenance
professionals who perform RRP
activities in housing and child-care
facilities built prior to 1978. To foster
adoption of the rule’s measures, the EPA
has been conducting an extensive
education and outreach campaign to
promote awareness of these new
requirements among both the regulated
entities and the consumers who hire
them (https://www2.epa.gov/lead/
renovation-repair-and-paintingprogram). In addition, the EPA is
investigating whether Pb hazards are
also created by RRP activities in public
and commercial buildings, in which
case the EPA plans to issue RRP
requirements, where appropriate, for
this class of buildings (79 FR 31072,
May 30, 2014).
Programs associated with the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA or Superfund) and
Resource Conservation Recovery Act
(RCRA) also implement abatement
programs, reducing exposures to Pb and
other pollutants. For example, the EPA
determines and implements protective
levels for Pb in soil at Superfund sites
and RCRA corrective action facilities.
Federal programs, including those
implementing RCRA, provide for
management of hazardous substances in
hazardous and municipal solid waste
(e.g., 66 FR 58258, November 20, 2001).
Federal regulations concerning batteries
in municipal solid waste facilitate the
collection and recycling or proper
disposal of batteries containing Pb.5
5 See, e.g., ‘‘Implementation of the MercuryContaining and Rechargeable Battery Management
Act’’ available from https://www.epa.gov/hw and
facts and figures on recycling and disposal in the
U.S. at https://www.epa.gov/smm/advancingsustainable-materials-management-facts-andfigures.
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Similarly, federal programs provide for
the reduction in environmental releases
of hazardous substances such as Pb in
the management of wastewater (https://
www.epa.gov/owm/).
A variety of federal nonregulatory
programs also provide for reduced
environmental release of Pb-containing
materials by encouraging pollution
prevention, promotion of reuse and
recycling, reduction of priority and
toxic chemicals in products and waste,
and conservation of energy and
materials. These include the ‘‘National
Waste Minimization Program’’ (https://
archive.epa.gov/epawaste/hazard/
wastemin/web/html/tools.html),
‘‘Sustainable Management of
Electronics’’ (https://www.epa.gov/
smm-electronics), and the ‘‘Sustainable
Materials Management (SMM)
Electronics Challenge’’ (https://
www.epa.gov/smm-electronics/
sustainable-materials-managementsmm-electronics-challenge).
The EPA’s research program
identifies, encourages and conducts
research needed to develop methods
and tools to characterize and help
reduce risks related to Pb exposure. An
example of one such effort is the EPA’s
Integrated Exposure Uptake Biokinetic
Model for Lead in Children (IEUBK
model), which is widely used and
accepted as a tool that informs the
evaluation of site-specific data. More
recently, in recognition of the need for
a single model that predicts Pb
concentrations in tissues for children
and adults, the EPA has been
developing the All Ages Lead Model
(AALM) to provide researchers and risk
assessors with a pharmacokinetic model
capable of estimating blood, tissue, and
bone concentrations of Pb based on
estimates of exposure over the lifetime
of the individual (USEPA, 2006a,
sections 4.4.5 and 4.4.8; USEPA, 2013a,
section 3.6). The EPA’s research
activities on substances including Pb,
such as those identified here, focus on
improving our characterization of health
and environmental effects, exposure,
and control or management of
environmental releases (see https://
www.epa.gov/research/).
Other federal agencies also participate
in programs intended to reduce Pb
exposures. For example, programs of the
Centers for Disease Control and
Prevention (CDC) provide for the
tracking of children’s blood Pb levels in
the U.S. and provide guidance on levels
at which medical and environmental
case management activities should be
implemented (CDC, 2012; ACCLPP,
2012). As a result of coordinated,
intensive efforts at the national, state
and local levels, including those
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programs described above, blood Pb
levels in all segments of the population
have continued to decline from levels
observed in the past. For example, blood
Pb levels for the general population of
children 1 to 5 years of age have
dropped to a geometric mean level of
1.17 mg/dL in the 2009–2010 National
Health and Nutrition Examination
Survey (NHANES) 6 as compared to the
geometric mean in 1999–2000 of 2.23
mg/dL and in 1988–1991 of 3.6 mg/dL
(USEPA, 2013a, section 3.4.1; USEPA,
2006a, AX4–2). Similarly, statistics for
the distribution of blood Pb levels in
non-Hispanic black and lower
socioeconomic groups of young
children, which are generally higher
than those for that population as a
whole, have also declined, as have the
differences in these statistics between
non-Hispanic black and other groups, as
well as between lower and higher
socioeconomic groups (USEPA, 2013a,
sections 3.4.1, 5.2.3 and 5.2.4; Jones et
al., 2009).
The EPA also participates in a broad
range of international programs focused
on reducing environmental releases and
human exposures in other countries. For
example, the Partnership for Clean
Fuels and Vehicles program engages
governments and stakeholders in
developing countries to eliminate Pb in
gasoline globally.7 From 2007 to 2011,
the number of countries known to still
be using leaded gasoline was reduced
from just over 20 to six (USEPA, 2011c).
As of January, leaded gasoline for onroad use is known to be available (along
with unleaded gasoline) in three
countries.8
The EPA is a contributor to the Global
Alliance to Eliminate Lead Paint, a
voluntary public-private partnership
jointly led by the World Health
Organization and the United Nations
Environment Programme (UNEP) to
prevent children’s exposure to Pb from
paints containing Pb and to minimize
occupational exposures to Pb paint. The
objective of this alliance is to promote
a phase-out of the manufacture and sale
of paints containing Pb and eventually
to eliminate the risks that such paints
6 Since the completion of the ISA, more recent
NHANES data indicate the geometric mean blood
Pb concentration for children in the U.S.
population, aged one to five, to have declined to
0.97 mg/dL in the 2011–2012 survey (CDC, 2015).
7 International programs in which the U.S.
participates, including those identified here, are
described at: https://www.epa.gov/internationalcooperation, https://www.unep.org/transport/pcfv/,
https://www.unep.org/hazardoussubstances/Home/
tabid/197/hazardoussubstances/LeadCadmium/
PrioritiesforAction/GAELP/tabid/6176/
Default.aspx.
8 UNEP. ‘‘Leaded Petrol Phase-out: Global Status
as at January 2016’’ map downloaded from https://
www.unep.org/transport/new/pcfv/.
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pose. The UNEP is also engaged on the
problem of managing wastes containing
Pb, including Pb-containing batteries.
The Governing Council of the UNEP, of
which the U.S. is a member, has
adopted decisions focused on promoting
the environmentally sound management
of products, wastes and contaminated
sites containing Pb and reducing risks to
human health and the environment
from Pb and cadmium throughout the
life cycles of those substances (UNEP
Governing Council, 2011, 2013). The
EPA is also engaged in the issue of
environmental impacts of spent Pb-acid
batteries internationally through the
Commission for Environmental
Cooperation (CEC), where the EPA
Administrator along with the cabinetlevel or equivalent representatives of
Mexico and Canada comprise the CEC’s
senior governing body (CEC Council).9
C. Review of the Air Quality Criteria and
Standards for Lead
Unlike pollutants such as particulate
matter and carbon monoxide, air quality
criteria had not been issued for Pb as of
the enactment of the CAA of 1970,
which first set forth the requirement to
set NAAQS based on air quality criteria.
In the years just after enactment of the
CAA, the EPA did not list Pb under
section 108 of the Act, having
determined to control Pb air pollution
through regulations to phase out the use
of Pb additives in gasoline (see 41 FR
14921, April 8, 1976). However, the
decision not to list Pb under section 108
was challenged by environmental and
public health groups, and the U.S.
District Court for the Southern District
of New York concluded that the EPA
was required to list Pb under section
108. Natural Resources Defense Council
v. EPA, 411 F. Supp. 864 21 (S.D. N.Y.
1976), affirmed, 545 F.2d 320 (2d Cir.
1978). Accordingly, on April 8, 1976,
the EPA published a notice in the
Federal Register that Pb had been listed
under section 108 as a criteria pollutant
(41 FR 14921, April 8, 1976), and on
October 5, 1978, the EPA promulgated
primary and secondary NAAQS for Pb
under section 109 of the Act (43 FR
46246, October 5, 1978). Both primary
and secondary standards were set at a
level of 1.5 micrograms per cubic meter
(mg/m3), measured as Pb in total
suspended particles (Pb-TSP), not to be
exceeded by the maximum arithmetic
mean concentration averaged over a
calendar quarter. These standards were
9 The CEC was established to support cooperation
among the North American Free Trade Agreement
partners to address environmental issues of
continental concern, including the environmental
challenges and opportunities presented by
continent-wide free trade.
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based on the 1977 Air Quality Criteria
for Lead (USEPA, 1977).
The first review of the Pb standards
was initiated in the mid-1980s. The
scientific assessment for that review is
described in the 1986 Air Quality
Criteria for Lead (USEPA, 1986a;
henceforth referred to as the 1986 CD),
the associated Addendum (USEPA,
1986b) and the 1990 Supplement
(USEPA, 1990a). As part of the review,
the agency designed and performed
human exposure and health risk
analyses (USEPA, 1989), the results of
which were presented in a 1990 Staff
Paper (USEPA, 1990b). Based on the
scientific assessment and the human
exposure and health risk analyses, the
1990 Staff Paper presented
recommendations for consideration by
the Administrator (USEPA, 1990b).
After consideration of the documents
developed during the review and the
significantly changed circumstances
since Pb was listed in 1976, the agency
did not propose any revisions to the
1978 Pb NAAQS. In a parallel effort, the
agency developed the broad, multiprogram, multimedia, integrated U.S.
Strategy for Reducing Lead Exposure
(USEPA, 1991). As part of implementing
this strategy, the agency focused efforts
primarily on regulatory and remedial
clean-up actions aimed at reducing Pb
exposures from a variety of nonair
sources judged to pose more extensive
public health risks to U.S. populations,
as well as on actions to reduce Pb
emissions to air, such as bringing more
areas into compliance with the existing
Pb NAAQS (USEPA, 1991). The EPA
continues this broad, multi-program,
multimedia approach to reducing Pb
exposures today, as described in section
I.B above.
The last review of the air quality
criteria and standards for Pb was
initiated in November 2004 (69 FR
64926, November 9, 2004); the agency’s
plans for preparation of the Air Quality
Criteria Document (AQCD) and conduct
of the NAAQS review were presented in
documents completed in 2005 and early
2006 (USEPA, 2005a; USEPA 2006b).10
The schedule for completion of the
review was governed by a judicial order
in Missouri Coalition for the
Environment v. EPA (No. 4:04CV00660
ERW, September 14, 2005; and amended
on April 29, 2008 and July 1, 2008).
The scientific assessment for the
review is described in the 2006 Air
Quality Criteria for Lead (USEPA,
2006a; henceforth referred to as the
10 In the current review, these two documents
have been combined in the Integrated Review Plan
for the National Ambient Air Quality Standards for
Lead (USEPA, 2011a).
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2006 CD), multiple drafts of which
received review by CASAC and the
public. The EPA also conducted human
exposure and health risk assessments
and a pilot ecological risk assessment
for the review after consultation with
the CASAC and receiving public
comment on a draft analysis plan
(USEPA, 2006c). Drafts of these
quantitative assessments were reviewed
by CASAC and the public. The pilot
ecological risk assessment was released
in December 2006 (ICF International,
2006), and the final health risk
assessment report was released in
November 2007 (USEPA, 2007a). The
policy assessment, based on both of
these assessments, air quality analyses
and key evidence from the 2006 CD, was
presented in the Staff Paper (USEPA,
2007b), a draft of which also received
CASAC and public review. The final
Staff Paper presented OAQPS staff’s
evaluation of the public health and
welfare policy implications of the key
studies and scientific information
contained in the 2006 CD and presented
and interpreted results from the
quantitative risk/exposure analyses
conducted for this review. Based on this
evaluation, the Staff Paper presented
OAQPS staff recommendations that the
Administrator give consideration to
substantially revising the primary and
secondary standards to a range of levels
at or below 0.2 mg/m3.
Immediately subsequent to
completion of the Staff Paper, the EPA
issued an advance notice of proposed
rulemaking (ANPR) that was signed by
the Administrator on December 5, 2007
(72 FR 71488, December 17, 2007).11
The CASAC provided advice and
recommendations to the Administrator
with regard to the Pb NAAQS based on
its review of the ANPR and the
previously released final Staff Paper and
risk assessment reports. In 2008, the
proposed decision on revisions to the Pb
NAAQS was signed on May 1, and
published in the Federal Register on
May 20 (73 FR 29184, May 20, 2008).
Members of the public provided
comments, and the CASAC Pb Panel
also provided advice and
recommendations to the Administrator
based on its review of the proposal. The
decision on revisions to the Pb NAAQS
was signed on October 15, 2008, and
published in the Federal Register on
November 12, 2008 (73 FR 66964,
November 12, 2008).
11 The ANPR, one of the features of the revised
NAAQS review process that EPA instituted in 2006,
was replaced by reinstatement of the Policy
Assessment prepared by OAQPS staff (previously
termed the OAQPS Staff Paper) in 2009 (Jackson,
2009).
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The November 2008 preamble to the
final rule described the EPA’s decision
to revise the primary and secondary
standards for Pb, as discussed more
fully in sections II.A.1 and III.A below.
In consideration of the much-expanded
health effects evidence on
neurocognitive effects of Pb in children,
the EPA substantially revised the
primary standard level from 1.5 mg/m3
to a level of 0.15 mg/m3. The averaging
time was revised to a rolling 3-month
period with a maximum (not-to-beexceeded) form, evaluated over a 3-year
period. The indicator of Pb-TSP was
retained, reflecting the evidence that Pb
particles of all sizes pose health risks.
The secondary standard was revised to
be identical in all respects to the revised
primary standard (40 CFR 50.16).
Revisions to the NAAQS were
accompanied by revisions to the data
handling procedures, the treatment of
exceptional events and the ambient air
monitoring and reporting requirements,
as well as emissions inventory reporting
requirements. One aspect of the revised
data handling requirements is the
allowance for the use of monitoring for
particulate matter with mean diameter
below 10 microns (Pb-PM10) for Pb
NAAQS attainment purposes in certain
limited circumstances at non-sourceoriented sites. Subsequent to the 2008
rulemaking, additional revisions were
made to the monitoring network
requirements (75 FR 81126, December
27, 2010). Guidance on the approach for
implementation of the new standards
was described in the preambles for the
proposed and final rules (73 FR 29184,
May 20, 2008; 73 FR 66964, November
12, 2008).
On February 26, 2010, the EPA
formally initiated its current review of
the air quality criteria and standards for
Pb, requesting the submission of recent
scientific information on specified
topics (75 FR 8934, February 26, 2010).
Soon after this, the EPA held a
workshop to discuss the policy-relevant
science, which informed identification
of key policy issues and questions to
frame the review (75 FR 20843, April
21, 2010). Drawing from the workshop
discussions, the EPA developed the
draft Integrated Review Plan (draft IRP,
USEPA, 2011d). The draft IRP was made
available in late March 2011 for
consultation with the CASAC Pb
Review Panel and for public comment
(76 FR 20347, April 12, 2011). This
document was discussed by the Panel
via a publicly accessible teleconference
consultation on May 5, 2011 (76 FR
21346, April 15, 2011; Frey, 2011a). The
final Integrated Review Plan for the
National Ambient Air Quality
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Standards for Lead (IRP), developed in
consideration of the CASAC
consultation and public comment, was
released in November 2011 (USEPA,
2011a; 76 FR 76972, December 9, 2011).
In developing the Integrated Science
Assessment (ISA) 12 for this review, the
EPA held a workshop in December 2010
to discuss with invited scientific experts
preliminary draft materials and released
the first external review draft of the
document for CASAC review and public
comment in May 2011 (USEPA, 2011e;
76 FR 26284, May 6, 2011; 76 FR 36120,
June 21, 2011). The CASAC Pb Review
Panel met at a public meeting on July
20, 2011, to review the draft ISA (76 FR
36120, June 21, 2011). The CASAC
provided comments in a December 9,
2011, letter to the EPA Administrator
(Frey and Samet, 2011). The second
external review draft ISA was released
for CASAC review and public comment
in February 2012 (USEPA, 2012a; 77 FR
5247, February 2, 2012) and was the
subject of a public meeting on April 10–
11, 2012 (77 FR 14783, March 13, 2012).
The CASAC provided comments in a
July 20, 2012, letter (Samet and Frey,
2012). The third external review draft
was released for CASAC review and
public comment in November 2012
(USEPA, 2012b; 77 FR 70776, November
27, 2012) and was the subject of a public
meeting on February 5–6, 2013 (78 FR
938, January 7, 2013). The CASAC
provided comments in a June 4, 2013,
letter (Frey, 2013a). The final ISA was
released in late June 2013 (USEPA,
2013a, henceforth referred to as the ISA;
78 FR 38318, June 26, 2013).
In June 2011, the EPA developed and
released the Risk and Exposure
Assessment Planning Document (REA
Planning Document) for consultation
with the CASAC and public comment
(USEPA, 2011b; 76 FR 58509). This
document presented a critical
evaluation of the information related to
Pb human and ecological exposure and
risk (e.g., data, modeling approaches)
newly available in this review, with a
focus on consideration of the extent to
which new or substantially revised
REAs for health and ecological risk
might be warranted by the newly
available evidence. Evaluation of the
newly available information with regard
to designing and implementing health
and ecological REAs for this review led
us to conclude that the currently
available information did not provide a
basis for developing new quantitative
12 As of this review, the document developed in
NAAQS reviews in which the air quality criteria are
assessed, previously the AQCD, is the ISA, and the
document describing the OAQPS staff evaluation,
previously the Staff Paper, is the PA. These
documents are described in the IRP.
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71911
risk and exposure assessments that
would have substantially improved
utility for informing the agency’s
consideration of health and welfare
effects and evaluation of the adequacy
of the current primary and secondary
standards, respectively (REA Planning
Document, sections 2.3 and 3.3,
respectively). The CASAC Pb Review
Panel provided consultative advice on
that document and its conclusions at a
public meeting on July 21, 2011 (76 FR
36120, June 21, 2011; Frey, 2011b).
Based on its consideration of the REA
Planning Document analysis, the
CASAC Pb Review Panel generally
concurred with the conclusion that a
new REA was not warranted in this
review (Frey, 2011b; Frey, 2013b). In
consideration of the conclusions
reached in the REA Planning Document
and CASAC’s consultative advice, the
EPA has not developed REAs for health
and ecological risk for this review. We
have considered the findings from the
last review for human exposure and
health risk (USEPA, 2007a, henceforth
referred to as the 2007 REA) and
ecological risk (ICF International, 2006;
henceforth referred to as the 2006 REA)
with regard to any appropriate further
interpretation in light of the evidence
newly available in this review, as
described in the Policy Assessment (PA)
and proposal.
A draft of the PA was released for
public comment and review by CASAC
in January 2013 (USEPA, 2013b; 77 FR
70776, November 27, 2012) and was the
subject of a public meeting on February
5–6, 2013 (78 FR 938, January 7, 2013).
Comments provided by the CASAC in a
June 4, 2013, letter (Frey, 2013b), as
well as public comments received on
the draft PA were considered in
preparing the final PA, which was
released in May 2014 (USEPA, 2014; 79
FR 26751, May 9, 2014). The proposed
decision (henceforth ‘‘proposal’’) on this
review of the NAAQS for Pb was signed
on December 19, 2014, and published in
the Federal Register on January 5, 2015.
Written comments were received from
twelve commenters during the public
comment period on the proposal.
Significant issues raised in the public
comments and the EPA’s responses to
those comments are discussed in the
preamble of this final action.
As in prior NAAQS reviews, the EPA
is basing its decision in this review on
studies and related information
included in the ISA and PA,13 which
13 As a new REA was not warranted in this
review, the exposure and risk information from the
last review (2007 REA; 2006 REA) is summarized
in the PA in the context of the currently available
health and welfare effects evidence.
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have undergone CASAC and public
review. The studies assessed in the
ISA 14 and PA, and the integration of the
scientific evidence presented in them,
have undergone extensive critical
review by the EPA, the CASAC, and the
public. The rigor of that review makes
these studies, and their integrative
assessment, the most reliable source of
scientific information on which to base
decisions on the NAAQS, decisions that
all parties recognize as of great import.
Decisions on the NAAQS can have
profound impacts on public health and
welfare, and NAAQS decisions should
be based on studies that have been
rigorously assessed in an integrative
manner not only by the EPA but also by
the statutorily mandated independent
scientific advisory committee, as well as
the public review that accompanies this
process. Some commenters have
referred to and discussed individual
scientific studies on the health effects of
Pb that were not included in the ISA
(‘‘ ‘new’ studies’’). In considering and
responding to comments for which such
‘‘new’’ studies were cited in support,
the EPA has provisionally considered
the cited studies in the context of the
findings of the ISA. The EPA’s
provisional consideration of these
studies did not and could not provide
the kind of in-depth critical review
described above.
The decision to rely on studies and
related information included in the ISA,
REAs and PA, which have undergone
CASAC and public review, is consistent
with the EPA’s practice in prior NAAQS
reviews and its interpretation of the
requirements of the CAA. Since the
1970 amendments, the EPA has taken
the view that NAAQS decisions are to
be based on scientific studies and
related information that have been
assessed as a part of the pertinent air
quality criteria, and the EPA has
consistently followed this approach.
This longstanding interpretation was
strengthened by new legislative
requirements enacted in 1977, which
added section 109(d)(2) of the Act
concerning CASAC review of air quality
14 Studies were identified for the Pb ISA based on
the review’s opening ‘‘call for information’’ (75 FR
8934), as well as literature searches conducted
routinely ‘‘to identify studies published since the
last review, focusing on studies published from
2006 (close of the previous scientific assessment)
through September 2011’’ (ISA, p. 1–2). In a
subsequent step, ‘‘[s]tudies that have undergone
scientific peer review and have been published or
accepted for publication and reports that have
undergone review are considered for inclusion in
the ISA’’ and ‘‘[a]nalyses conducted by EPA using
publicly available data are also considered for
inclusion in the ISA’’ (ISA, p. xlv). References ‘‘that
were considered for inclusion or actually cited in
this ISA can be found at https://hero.epa.gov/lead’’
(ISA, p. 1–2).
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criteria. See 71 FR 61144, 61148
(October 17, 2006, final decision on
review of NAAQS for particulate matter)
for a detailed discussion of this issue
and the EPA’s past practice.
As discussed in the EPA’s 1993
decision not to revise the NAAQS for
ozone, ‘‘new’’ studies may sometimes be
of such significance that it is
appropriate to delay a decision on
revision of a NAAQS and to supplement
the pertinent air quality criteria so the
studies can be taken into account (58 FR
at 13013–13014, March 9, 1993). In the
present case, the EPA’s provisional
consideration of ‘‘new’’ studies
concludes that, taken in context, the
‘‘new’’ information and findings do not
materially change any of the broad
scientific conclusions regarding the
health and welfare effects and exposure
pathways of Pb in ambient air made in
the air quality criteria. For this reason,
reopening the air quality criteria review
would not be warranted.
Accordingly, the EPA is basing the
final decisions in this review on the
studies and related information
included in the Pb air quality criteria
that have undergone CASAC and public
review. The EPA will consider the
‘‘new’’ studies for purposes of decision
making in the next periodic review of
the NAAQS for Pb, which the EPA
expects to begin soon after the
conclusion of this review and which
will provide the opportunity to fully
assess these studies through a more
rigorous review process involving the
EPA, CASAC, and the public.
D. Multimedia, Multipathway Aspects of
Lead
Since Pb is distributed from air to
other media and is persistent, our
review of the NAAQS for Pb considers
the protection provided against effects
associated both with exposures to Pb in
ambient air and with exposures to Pb
that makes its way into other media
from ambient air. Additionally, in
assessing the adequacy of protection
afforded by the current NAAQS, we are
mindful of the long history of greater
and more widespread atmospheric
emissions that occurred in previous
years (both before and after
establishment of the 1978 NAAQS) and
that contributed to the Pb that is in
human populations and ecosystems
today. Likewise, we also recognize the
role of other, nonair sources of Pb now
and in the past that also contribute to
the Pb that is in human populations and
ecosystems today.
Lead emitted to ambient air is
transported through the air and is also
distributed from air to other media. This
multimedia distribution of Pb emitted
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into ambient air (air-related Pb)
contributes to multiple air-related
pathways of human and ecosystem
exposure (ISA, sections 3.1.1 and 3.7.1).
Air-related pathways may also involve
media other than air, including indoor
and outdoor dust, soil, surface water
and sediments, vegetation and biota.
Air-related Pb exposure pathways for
humans include inhalation of ambient
air or ingestion of food, water or other
materials, including dust and soil, that
have been contaminated through a
pathway involving Pb deposition from
ambient air (ISA, section 3.1.1.1).
Ambient air inhalation pathways
include both inhalation of air outdoors
and inhalation of ambient air that has
infiltrated into indoor environments.
The air-related ingestion pathways
occur as a result of Pb passing through
the ambient air, being distributed to
other environmental media and
contributing to human exposures via
contact with and ingestion of indoor
and outdoor dusts, outdoor soil, food
and drinking water.
Lead currently occurring in nonair
media may also derive from sources
other than ambient air (nonair Pb
sources) (ISA, sections 2.3 and 3.7.1).
For example, Pb in dust inside some
houses or outdoors in some urban areas
may derive from the common past usage
of leaded paint, while Pb in drinking
water may derive from the use of leaded
pipe or solder in drinking water
distribution systems (ISA, section
3.1.3.3). We also recognize the history of
much greater air emissions of Pb in the
past, such as that associated with leaded
gasoline usage and higher industrial
emissions which have left a legacy of Pb
in other (nonair) media.
The relative importance of different
pathways of human exposure to Pb, as
well as the relative contributions from
Pb resulting from recent and historic air
emissions and from nonair sources, vary
across the U.S. population as a result of
both extrinsic factors, such as a home’s
proximity to industrial Pb sources or its
history of leaded paint usage, and
intrinsic factors, such as a person’s age
and nutritional status (ISA, sections 5.1,
5.2, 5.2.1, 5.2.5 and 5.2.6). Thus, the
relative contributions from specific
pathways are situation specific (ISA, p.
1–11), although a predominant Pb
exposure pathway for very young
children is the incidental ingestion of
indoor dust by hand-to-mouth activity
(ISA, section 3.1.1.1). For adults,
however, diet may be the primary Pb
exposure pathway (2006 CD, section
3.4). Similarly, the relative importance
of air-related and nonair-related Pb also
varies with the relative magnitudes of
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exposure by those pathways, which may
vary with different circumstances.
The distribution of Pb from ambient
air to other environmental media also
influences the exposure pathways for
organisms in terrestrial and aquatic
ecosystems. Exposure of terrestrial
animals and vegetation to air-related Pb
can occur by contact with ambient air or
by contact with soil, water or food items
that have been contaminated by Pb from
ambient air (ISA, section 6.2). Transport
of Pb into aquatic systems similarly
provides for exposure of biota in those
systems, and exposures may vary among
systems as a result of differences in
sources and levels of contamination, as
well as characteristics of the systems
themselves, such as salinity, pH and
turbidity (ISA, section 2.3.2). In
addition to Pb contributed by current
atmospheric deposition, Pb may occur
in aquatic systems as a result of nonair
sources such as industrial discharges or
mine-related drainage, of historical air
Pb emissions (e.g., contributing to
deposition to a water body or via runoff
from soils near historical air sources) or
combinations of different types of
sources (e.g., resuspension of sediments
contaminated by urban runoff and
surface water discharges).
The persistence of Pb contributes an
important temporal aspect to lead’s
environmental pathways, and the time
(or lag) associated with realization of the
impact of air Pb concentrations on
concentrations in other media can vary
with the media (e.g., ISA, section 6.2.2).
For example, exposure pathways most
directly involving Pb in ambient air or
surface waters can respond more
quickly to changes in ambient air Pb
concentrations, while pathways
involving exposure to Pb in soil or
sediments generally respond more
slowly.15 An additional influence on the
response time for nonair media is the
environmental presence of Pb associated
with past, generally higher, air
concentrations. For example, after a
reduction in air Pb concentrations, the
time needed for sediment or surface soil
concentrations to indicate a response to
reduced air Pb concentrations might be
expected to be longer in areas of more
15 The time it takes for exposures to be reduced
in response to reductions in air Pb concentrations
varies with the various inhalation and ingestion
exposure pathways. For example, exposures
resulting from human exposure pathways most
directly involving Pb in ambient air and exchanges
of ambient air with indoor air (e.g., inhalation) can
respond most quickly, while those for pathways
involving exposure to Pb deposited from ambient
air into the environment (e.g., diet) may be expected
to respond more slowly. The extent of this will be
influenced by the magnitude of change, as well as—
for deposition-related pathways—the extent of prior
deposition and environment characteristics
influencing availability of prior deposited Pb.
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substantial past contamination than in
areas with lesser past contamination.
Thus, considering the Pb concentrations
occurring in nonair environmental
media as a result of air quality
conditions that meet the current
NAAQS is a complexity of this review,
as it also was, although to a lesser
degree, with regard to the prior standard
in the last review.
E. Air Quality Monitoring
Lead emitted to the air is
predominantly in particulate form. Once
emitted, particle-bound Pb can be
transported long or short distances
depending on particle size, which
influences the amount of time spent in
the aerosol phase. In general, larger
particles tend to deposit more quickly,
within shorter distances from emissions
points, compared with smaller particles
that remain in the aerosol phase and
travel longer distances before depositing
(ISA, section 1.2.1). Accordingly,
airborne concentrations of Pb near
sources are much higher (and the
representation of larger particles
generally greater) than at sites not
directly influenced by sources (PA,
Figure 2–11; ISA sections 2.3.1 and
2.5.3).
Ambient air monitoring data for Pb, in
terms of Pb-TSP, Pb-PM10 or Pb in
particulate matter with mean
aerodynamic diameter less than or equal
to 2.5 microns (Pb-PM2.5), are currently
collected in several national networks.
Monitoring conducted for purposes of
Pb NAAQS surveillance is regulated to
ensure accurate and comparable data for
determining compliance with the
NAAQS. In order to be used in NAAQS
attainment designations, ambient Pb
concentration data must be obtained
using either the federal reference
method (FRM) or a federal equivalent
method (FEM). The FRMs for sample
collection and analysis are specified in
40 CFR part 50. The procedures for
approval of FRMs and FEMs are
specified in 40 CFR part 53. In 2013,
after consultation with the CASAC’s
Ambient Air Monitoring and Methods
Subcommittee, the EPA adopted a new
FRM for Pb-TSP, based on inductively
coupled plasma-mass spectrometry (78
FR 40000, July 3, 2013). The previous
FRM was retained as an FEM, and
existing FEMs were retained as well.
The Pb NAAQS surveillance network
regulations (40 CFR part 58, appendix
D, paragraph 4.5) require sourceoriented monitoring sites, and also the
collection of one year of Pb-TSP
measurements at 15 specific airports.
The indicator for the current Pb NAAQS
is Pb-TSP, although in some
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situations,16 Pb-PM10 concentrations
may be used in judging nonattainment.
Currently, more than 200 Pb-TSP
monitors are in operation; these are a
mixture of source- and non-sourceoriented monitors (PA, p. 2–14).
Since the phase-out of Pb in on-road
gasoline, Pb is widely recognized as a
near-source air pollutant, the ambient
air concentrations of which generally
fall off quickly with distance from
sources. Variability in ambient air Pb
concentrations is highest in areas
including a Pb source, ‘‘with high
concentrations downwind of the sources
and low concentration at areas far from
sources’’ (ISA, p. 2–92). The current
requirements for source-oriented
monitoring include placement of
monitor sites near sources of air Pb
emissions that are expected to or have
been shown to contribute to ambient air
Pb concentrations in excess of the
NAAQS. At a minimum, there must be
one source-oriented site located to
measure the maximum Pb concentration
in ambient air resulting from each nonairport Pb source that emits 0.50 or
more tons of Pb per year and from each
airport that emits 1.0 or more tons of Pb
per year.17 The EPA Regional
Administrators may require additional
monitoring beyond the minimum
requirements where the likelihood of Pb
air quality violations is significant or
where the emissions density,
topography, or population locations are
complex and varied. Such locations may
include those near additional industrial
Pb sources, recently closed industrial
sources and other sources of reentrained Pb dust, as well as airports
where piston-engine aircraft emit Pb
associated with combustion of leaded
aviation fuel (40 CFR part 58, appendix
D, section 4.5(c)). A single year of
monitoring was also required near 15
specific airports18 in order to gather
16 The Pb-PM
10 measurements may be used for
NAAQS monitoring as an alternative to Pb-TSP
measurements in certain conditions defined in 40
CFR part 58, appendix C, section 2.10.1.2. These
conditions include where Pb concentrations are not
expected to equal or exceed 0.10 mg/m3 as an
arithmetic 3-month mean and where the source of
Pb emissions is expected to emit a substantial
majority of its Pb in the size fraction captured by
PM10 monitors.
17 The Regional Administrator may waive this
requirement for monitoring near Pb sources if the
state or, where appropriate, local agency can
demonstrate the Pb source will not contribute to a
maximum 3-month average Pb concentration in
ambient air in excess of 50 percent of the NAAQS
level based on historical monitoring data, modeling,
or other means (40 CFR part 58, appendix D, section
4.5(a)(ii)).
18 These airports were selected based on three
criteria: annual Pb inventory between 0.5 ton/year
and 1.0 ton/year, ambient air within 150 meters of
the location of maximum emissions (e.g., the end
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additional information on ambient air
Pb concentrations near airports,
including specifically on the likelihood
of NAAQS exceedances due to the
combustion of leaded aviation gasoline
(75 FR 81126, December 27, 2010; 40
CFR part 58, appendix D, 4.5(a)(iii)).
These airport monitoring data along
with other data gathering and analyses
will inform the EPA’s ongoing
investigation under section 231(a)(2)(A)
of the CAA of whether Pb emissions
from piston-engine aircraft cause or
contribute to air pollution which may
reasonably be anticipated to endanger
public health or welfare (see for
example, EPA’s Advance Notice of
Proposed Rulemaking on Lead
Emissions From Piston-Engine Aircraft
Using Leaded Aviation Gasoline, 75 FR
22439, April 28, 2010). The EPA is
conducting this investigation separate
from the Pb NAAQS review. As a whole,
the various data gathering efforts and
analyses are expected to improve our
understanding of Pb concentrations in
ambient air near airports and conditions
influencing these concentrations.
Monitoring agencies may also conduct
non-source-oriented Pb monitoring at
the NCore monitoring sites.19 In 2015,
all NCore sites with a population of
500,000 or more (as defined by the U.S.
Census Bureau) 20 were measuring Pb
concentrations, with a 2014 analysis
indicating generally similar numbers of
sites measuring Pb in TSP and Pb in
PM10 (Cavender, 2014). These numbers
may change in the future as the
requirement for Pb monitoring at these
sites was recently eliminated in
consideration of current information
indicating concentrations at these sites
to be well below the Pb NAAQS and of
the existence of other monitoring
networks that provide information on
Pb concentrations at similar types of
sites (81 FR 17248, March 28, 2016).
of the runway or run-up location), and airport
configuration and meteorological scenario that
leads to a greater frequency of operations from one
runway. These criteria or characteristics were
selected as they were expected, ‘‘collectively, to
identify airports with the highest potential to have
ambient air Pb concentrations approaching or
exceeding the Pb NAAQS’’ (75 FR 81132, December
27, 2010).
19 The NCore network that formally began in
January 2011, is a subset of the state and local air
monitoring stations network that is intended to
meet multiple monitoring objectives (e.g., long-term
trends analysis, model evaluation, health and
ecosystem studies, as well as NAAQS compliance).
The complete NCore network consists of 63 urban
and 15 rural stations, with each state containing at
least one NCore station; 46 of the states plus
Washington, DC and Puerto Rico have at least one
urban station.
20 Metropolitan area population size information
is available at the Census Bureau Web site (https://
www.census.gov/population/www/metroareas/
metroarea.htm).
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The data available for the NCore sites
indicate maximum 3-month average
concentrations (of Pb-PM10 or Pb-TSP)
well below the level of the Pb NAAQS,
with the large majority of these sites
indicating maximum 3-month average
concentrations at or below 0.01 mg/m3
(Cavender, 2014). Other monitoring
networks that provide data on Pb in
PM10 or PM2.5 at non-source-oriented
urban, and some rural, sites include the
National Air Toxics Trends Stations for
PM10 and the Chemical Speciation
Network for PM2.5. Data on Pb in PM2.5
are also provided at the rural sites of the
Interagency Monitoring of Protected
Visual Environments network (also
known as the IMPROVE network).
The long-term record of Pb
monitoring data documents the
dramatic decline in atmospheric Pb
concentrations that has occurred since
the 1970s in response to reduced
emissions (PA, Figures 2–1 and 2–7).
Currently, the highest concentrations
occur near some metals industries
where some individual locations have
concentrations that exceed the NAAQS
(PA, Figure 2–10). Concentrations at
non-source-oriented monitoring sites are
much lower than those at sourceoriented sites and well below the
standard (PA, Figure 2–11).
F. Summary of Proposed Decisions
For reasons discussed in the proposal
and summarized in sections II.B.1 and
III.B.1 below, the Administrator
proposed to retain the current primary
and secondary standards for Pb, without
revision.
G. Organization and Approach to Final
Decisions
This action presents the
Administrator’s final decisions in the
current review of the primary and
secondary Pb standards. The final
decisions addressing standards for Pb
are based on a thorough review in the
ISA of scientific information on known
and potential human health and welfare
effects associated with exposure to Pb
associated with levels typically found in
the ambient air. These final decisions
also take into account the following: (1)
Staff assessments in the PA of the most
policy-relevant information in the ISA
as well as quantitative health and
welfare exposure and risk information;
(2) CASAC advice and
recommendations, as reflected in its
letters to the Administrator and its
discussions of drafts of the ISA and PA
at public meetings; (3) public comments
received during the development of
these documents, both in connection
with CASAC meetings and separately;
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and (4) public comments received on
the proposal.
The primary standard is addressed in
section II and the secondary standard is
addressed in section III. Section IV
addresses applicable statutory and
executive order reviews.
II. Rationale for Decision on the
Primary Standard
This section presents the rationale for
the Administrator’s decision to retain
the existing primary Pb standard. This
rationale is based on a thorough review
in the ISA of the latest scientific
information, generally published
through September 2011, on human
health effects associated with Pb and
pertaining to the presence of Pb in the
ambient air. This decision also takes
into account: (1) The PA’s staff
assessments of the most policy-relevant
information in the ISA and staff
analyses of air quality, human exposure
and health risks, upon which staff
conclusions regarding appropriate
considerations in this review are based;
(2) CASAC advice and
recommendations, as reflected in
discussions of drafts of the ISA and PA
at public meetings, in separate written
comments, and in the CASAC’s letters
to the Administrator; (3) public
comments received during the
development of these documents, either
in connection with CASAC meetings or
separately, and (4) public comments
received on the proposal.
Section II.A provides background on
the general approach for review of the
primary standard for Pb and brief
summaries of key aspects of the
currently available health effects and
exposure/risk information. Section II.B
presents the Administrator’s
conclusions on adequacy of the current
standard, drawing on consideration of
this information, advice from the
CASAC, and comments from the public.
Section II.C summarizes the
Administrator’s decision on the primary
standard.
A. Introduction
As in prior reviews, the general
approach to reviewing the current
primary standard is based, most
fundamentally, on using the EPA’s
assessment of the current scientific
evidence and associated quantitative
analyses to inform the Administrator’s
judgment regarding a primary standard
for Pb that protects public health with
an adequate margin of safety. In drawing
conclusions with regard to the primary
standard, the final decision on the
adequacy of the current standard is
largely a public health policy judgment
to be made by the Administrator. The
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Administrator’s final decision must
draw upon scientific information and
analyses about health effects,
population exposure and risks, as well
as judgments about how to consider the
range and magnitude of uncertainties
that are inherent in the scientific
evidence and analyses. The approach to
informing these judgments, discussed
more fully below, is based on the
recognition that the available health
effects evidence generally reflects a
continuum, consisting of levels at which
scientists generally agree that health
effects are likely to occur, through lower
levels at which the likelihood and
magnitude of the response become
increasingly uncertain. This approach is
consistent with the requirements of the
NAAQS provisions of the Act and with
how the EPA and the courts have
historically interpreted the Act. These
provisions require the Administrator to
establish primary standards that, in the
judgment of the Administrator, are
requisite to protect public health with
an adequate margin of safety. In so
doing, the Administrator seeks to
establish standards that are neither more
nor less stringent than necessary for this
purpose. The Act does not require that
primary standards be set at a zero-risk
level, but rather at a level that avoids
unacceptable risks to public health
including the health of sensitive groups.
The four basic elements of the NAAQS
(indicator, averaging time, level, and
form) are considered collectively in
evaluating the health protection
afforded by the current standard.
To evaluate whether it is appropriate
to consider retaining the current
primary Pb standard, or whether
consideration of revision is appropriate,
the EPA has adopted an approach in
this review that builds upon the general
approach used in the last review and
reflects the broader body of evidence
and information now available. As
summarized in section II.A.1 below, the
Administrator’s decisions in the prior
review were based on an integration of
information on health effects associated
with exposure to Pb with that on
relationships between ambient air Pb
and blood Pb; expert judgments on the
adversity and public health significance
of key health effects; and policy
judgments as to when the standard is
requisite to protect public health with
an adequate margin of safety. These
considerations were informed by air
quality and related analyses,
quantitative exposure and risk
assessments, and qualitative assessment
of impacts that could not be quantified.
Similarly in this review, as described
in the PA, we draw on the current
evidence and quantitative assessments
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of exposure pertaining to the public
health risk of Pb in ambient air. In
considering the scientific and technical
information here as in the PA, we
consider both the information available
at the time of the last review and
information newly available since the
last review, including most particularly
that which has been critically analyzed
and characterized in the current ISA.
We additionally consider the
quantitative exposure/risk assessments
from the last review that estimated Pbrelated IQ decrements associated with
different air quality conditions in
simulated at-risk populations in
multiple case studies (PA, section 3.4;
2007 REA). The evidence-based
discussions presented below draw upon
evidence from epidemiological studies
and experimental animal studies
evaluating health effects related to
exposures to Pb, as discussed in the
ISA. The exposure/risk-based
discussions have drawn from the
quantitative health risk analyses for Pb
performed in the last Pb NAAQS review
in light of the currently available
evidence (PA, section 3.4; 2007 REA;
REA Planning Document). Sections
II.A.2 through II.A.4 below provide an
overview of the current health effects
and quantitative exposure and risk
information with a focus on the specific
policy-relevant questions identified for
these categories of information in the
PA (PA, chapter 3).
1. Background on the Current Standard
The current primary standard was
established in the last review, which
was completed in 2008 (73 FR 66964,
November 12, 2008), and is set at a level
that is one-tenth the level of the prior
standard. The 2008 decision to
substantially revise the primary
standard was based on the extensive
body of scientific evidence published
over almost three decades, from the time
the standard was originally set in 1978
through 2005–2006. While recognizing
that Pb has been demonstrated to exert
‘‘a broad array of deleterious effects on
multiple organ systems,’’ the 2008
review focused on the effects most
pertinent to recent ambient air
exposures, which are those associated
with relatively lower exposures and
associated blood Pb levels (73 FR 66975,
November 12, 2008). Given the general
scientific consensus that the developing
nervous system in children is among the
most sensitive health endpoints
associated with Pb exposure, if not the
most sensitive one, primary attention
was given to consideration of nervous
system effects, including neurocognitive
and neurobehavioral effects, in children
(73 FR 66976, November 12, 2008). The
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body of evidence included associations
of such effects in study populations of
variously aged children with mean
blood Pb levels below 10 mg/dL,
extending from 8 down to 2 mg/dL (73
FR 66976, November 12, 2008).
Particular focus was given to the public
health implications of effects of airrelated Pb on cognitive function (e.g.,
IQ).
The conclusions reached by the
Administrator in the 2008 review were
based primarily on the scientific
evidence, with the risk- and exposurebased information providing support for
various aspects of the decision. In
reaching his conclusion on the
adequacy of the then-current standard,
which was set in 1978, the
Administrator placed primary
consideration on the large body of
scientific evidence available in the
review including significant new
evidence concerning effects at blood Pb
concentrations substantially below
those identified when the standard was
initially set (73 FR 66987, November 12,
2008; 43 FR 46246, October 5, 1978). He
gave particular attention to the robust
evidence of neurotoxic effects of Pb
exposure in children, recognizing: (1)
That while blood Pb levels in U.S.
children had decreased notably since
the late 1970s, newer epidemiological
studies had investigated and reported
associations of effects on the
neurodevelopment of children with
those more recent lower blood Pb levels
and (2) that the toxicological evidence
included extensive experimental
laboratory animal evidence
substantiating well the plausibility of
the epidemiological findings observed
in human children and expanding our
understanding of likely mechanisms
underlying the neurotoxic effects (73 FR
66987, November 12, 2008).
Additionally, within the range of blood
Pb levels investigated in the available
evidence base, a threshold level for
neurocognitive effects was not
identified (73 FR 66984, November 12,
2008; 2006 CD, p. 8–67). Further, the
evidence indicated a steeper
concentration-response (C–R)
relationship for effects on cognitive
function at those lower blood Pb levels
than at higher blood Pb levels that were
more common in the past, ‘‘indicating
the potential for greater incremental
impact associated with exposure at
these lower levels’’ (73 FR 66987,
November 12, 2008).
Based on consideration of the health
effects evidence, supported by the
quantitative risk analyses, the
Administrator concluded that, for
exposures projected for air Pb
concentrations at the level of the 1978
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standard, the quantitative estimates of
IQ loss associated with air-related Pb
indicated risk of a magnitude that, in his
judgment, was significant from a public
health perspective, and that the 1978
standard did not protect public health
with an adequate margin of safety (73
FR 66987, November 12, 2008). The
Administrator further concluded that
the evidence indicated the need for a
substantially lower standard level to
provide increased public health
protection, especially for sensitive or atrisk groups (most notably children),
against an array of effects, most
importantly including effects on the
developing nervous system (73 FR
66987, November 12, 2008). In
identifying the appropriate revised
standard, revisions to each of the four
basic elements of the NAAQS (indicator,
averaging time, form and level) were
considered.
With regard to indicator, the
Administrator decided to retain Pb-TSP
as the indicator. The EPA recognized
that the difference in particulate Pb
captured by TSP and PM10 monitors
may be on the order of a factor of two
in some areas, and that ultra-coarse Pb
particles may have a greater presence in
areas near sources where Pb
concentrations are highest, contributing
uncertainty with regard to whether a PbPM10-based standard would also
effectively control ultra-coarse Pb
particles (73 FR 66991, November 12,
2008). Accordingly, Pb-TSP was
retained as the indicator in order to
provide sufficient public health
protection from the broad range of
particle sizes of ambient air Pb,
including ultra-coarse particles, given
the recognition that Pb in all particle
sizes contributes to Pb in blood and
associated health effects (73 FR 66991,
November 12, 2008).21
With regard to averaging time and
form for the revised standard, after
giving consideration to a monthly
averaging time, with a form of second
maximum, and to 3-month and calendar
quarter averaging times, with not-to-be
exceeded forms, two changes were
made. These were to a rolling 3-month
average, thus giving equal weight to all
21 However, in order to take advantage of the
increased precision of Pb-PM10 measurements and
decreased spatial variation of Pb-PM10
concentrations without raising the same concerns
over a lack of protection against health risks from
all particulate Pb emitted to the ambient air that
support retention of Pb-TSP as the indicator (versus
revision to Pb-PM10), a role was provided for PbPM10 measurements in the monitoring required for
a Pb-TSP standard (73 FR 66991, November 12,
2008) at sites not influenced by sources of ultracoarse Pb, and where Pb concentrations are well
below the standard (73 FR 66991, November 12,
2008).
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3-month periods, and to the method for
deriving the 3-month average to provide
equal weighting to each month. Both of
these changes afford greater weight to
each individual month than did the
calendar quarter form of the 1978
standard, thus tending to control both
the likelihood that any month will
exceed the level of the standard and the
magnitude of any such exceedance. The
Administrator decided on these changes
in recognition of the complexity
inherent in this aspect of the standard
which is greater for Pb than in the case
of other criteria pollutants due to the
multimedia nature of Pb and its
multiple pathways of human exposure.
In this situation for Pb, the
Administrator emphasized the
importance of considering in an
integrated manner all of the relevant
factors, both those pertaining to the
human physiological response to
changes in Pb exposures and those
pertaining to the response of air-related
Pb exposure pathways to changes in
airborne Pb, recognizing that some
factors might imply support for a period
as short as a month for averaging time,
and others supporting use of a longer
time, with all having associated
uncertainty. Based on such an
integrated consideration of the range of
relevant factors, the averaging time was
revised to a rolling 3-month period with
a maximum (not-to-be-exceeded) form,
evaluated over a 3-year period (73 FR
66996, November 12, 2008).
In reaching the decision on level for
the revised standard, that, in
combination with the specified choice
of indicator, averaging time, and form,
the Administrator judged requisite to
protect public health, including the
health of sensitive groups, with an
adequate margin of safety, he
considered the evidence using a very
specifically defined framework, referred
to as an air-related IQ loss evidencebased framework (73 FR 67004,
November 12, 2008). This framework
integrates evidence for the relationship
between Pb in air and Pb in young
children’s blood with evidence for the
relationship between Pb in young
children’s blood and IQ loss (73 FR
66987, November 12, 2008). This
evidence-based approach considers airrelated effects on neurocognitive
function (using the quantitative metric
of IQ loss) associated with exposure in
those areas with elevated air
concentrations equal to potential
alternative levels for the Pb standard. In
simplest terms, the framework focuses
on children exposed to air-related Pb in
those areas with elevated air Pb
concentrations equal to specific
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potential standard levels, providing for
estimation of a mean air-related IQ
decrement for young children with airrelated exposures that are in the high
end of the national distribution of such
exposures. Thus, the conceptual context
for the framework is that it provides
estimates of air-related IQ loss for the
subset of U.S. children living in close
proximity to air Pb sources that
contribute to such elevated air Pb
concentrations. Consideration of this
framework additionally recognizes that
in such cases when a standard of a
particular level is just met at a monitor
sited to record the highest sourceoriented concentration in an area, the
large majority of children in the larger
surrounding area would likely
experience exposures to concentrations
well below that level.
The two primary inputs to the airrelated IQ loss evidence-based
framework are air-to-blood ratios 22 and
C–R functions for the relationship
between blood Pb concentration and IQ
response in young children (73 FR
67004, November 12, 2008). In applying
and drawing conclusions from the
framework, the Administrator
additionally took into consideration the
uncertainties inherent in these two
inputs. Application of the framework
also entailed consideration of an
appropriate level of protection from airrelated IQ loss to be used in conjunction
with the framework. The framework
estimates of mean air-related IQ loss are
derived through multiplication of the
following factors: standard level (mg/
m3), air-to-blood ratio (albeit in terms of
mg/dL blood Pb per mg/m3 air
concentration), and slope for the C–R
function in terms of points of IQ
decrement per mg/dL blood Pb. In light
of the uncertainties and limitations
associated with the evidence on these
relationships, and other considerations,
application of the air-related IQ loss
evidence-based framework was
recognized to provide ‘‘no evidence- or
risk-based bright line that indicates a
single appropriate level’’ for the
standard (73 FR 67005–67006,
November 12, 2008). Rather, the
framework was seen as a useful guide,
in the context of the specified averaging
time and form, for consideration of
health risks from exposure to levels of
Pb in the ambient air to inform the
Administrator’s decision on a level for
22 The term ‘‘air-to-blood ratio’’ describes the
increase in blood Pb (in mg/dL) estimated to be
associated with each unit increase of air Pb (in mg/
m3). Ratios are presented in the form of 1:x, with
the 1 representing air Pb (in mg/m3) and x
representing blood Pb (in mg/dL). Description of
ratios as higher or lower refers to the values for x
(i.e., the change in blood Pb per unit of air Pb).
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a revised NAAQS that provides public
health protection that is sufficient but
not more than necessary under the Act
(73 FR 67004, November 12, 2008).
Use of the air-related IQ loss
evidence-based framework to inform
selection of the standard level involved
consideration of the evidence for the
two primary input parameters
mentioned above. With regard to air-toblood ratio estimates, the evidence in
the 2008 review indicated a broad range
of estimates, each with limitations and
associated uncertainties. Based on this
evidence, the Administrator concluded
that 1:5 to 1:10 represented a reasonable
range to consider and focused on 1:7 as
a generally central value (73 FR 67004,
November 12, 2008). With regard to C–
R functions, in light of the evidence of
nonlinearity and of steeper slopes at
lower blood Pb levels, the Administrator
concluded it was appropriate to focus
on C–R analyses based on blood Pb
levels that most closely reflected the
then-current population of young
children in the U.S.,23 recognizing the
EPA’s identification of four such
analyses and giving weight to the
central estimate or median of the
resultant linear C–R functions (73 FR
67003, November 12, 2008, Table 3; 73
FR 67004, November 12, 2008). The
median estimate for the four C–R slopes
of -1.75 IQ points decrement per mg/dL
blood Pb was selected for use with the
framework. With the framework,
potential alternative standard levels (mg/
m3) are multiplied by estimates of airto-blood ratio (mg/dL blood Pb per mg/m3
air Pb) and the median slope for the C–
R function (points IQ decrement per mg/
dL blood Pb), yielding estimates of a
mean air-related IQ decrement for a
specific subset of young children (i.e.,
those children exposed to air-related Pb
in areas with elevated air Pb
concentrations equal to specified
alternative levels). As such, the
application of the framework yields
estimates for the mean air-related IQ
decrements of the subset of children
expected to experience air-related Pb
exposures at the high end of the
23 The geometric mean blood Pb level for U.S.
children aged 5 years and below, reported for
NHANES in 2003–04 (the most recent years for
which such an estimate was available at the time
of the 2008 decision) was 1.8 mg/dL and the 5th and
95th percentiles were 0.7 mg/dL and 5.1 mg/dL,
respectively (73 FR 67002). Using the air-to-blood
ratio 1:7, the estimated air-related blood Pb level
associated with the final standard level is
approximately 1 mg/dL. In the 2008 decision, the
EPA noted that even if it assumed, as an extreme
hypothetical example, that the mean for the general
population of U.S. children included zero
contribution from air-related sources and added
that to the estimate of air-related Pb, the result
would still be below the lowest mean blood Pb level
among the set of C–R analyses (73 FR 67002).
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distribution of such exposures. The
associated mean IQ loss estimate is the
average for this highly exposed subset
and is not the average air-related IQ loss
projected for the entire U.S. population
of children. Uncertainties and
limitations were recognized in the use
of the framework and in the resultant
estimates (73 FR 67000, November 12,
2008).
In considering the use of the airrelated IQ loss evidence-based
framework to inform his judgment as to
the appropriate degree of public health
protection that should be afforded by
the NAAQS to provide requisite
protection against risk of neurocognitive
effects in sensitive populations, such as
IQ loss in children, the Administrator
recognized in the 2008 review that there
were no commonly accepted guidelines
or criteria within the public health
community that would provide a clear
basis for such a judgment. During the
2008 review, CASAC commented
regarding the significance from a public
health perspective of a 1–2 point IQ loss
in the entire population of children and,
along with some commenters,
emphasized that the NAAQS should
prevent air-related IQ loss of a
significant magnitude, such as on the
order of 1–2 IQ points, in all but a small
percentile of the population. Similarly,
the Administrator stated that ‘‘ideally
air-related (as well as other) exposures
to environmental Pb would be reduced
to the point that no IQ impact in
children would occur’’ (73 FR 66998,
November 12, 2008). The Administrator
further recognized that, in the case of
setting a national ambient air quality
standard, he was required to make a
judgment as to what degree of
protection is requisite to protect public
health with an adequate margin of safety
(73 FR 66998, November 12, 2008). The
NAAQS must be sufficient but not more
stringent than necessary to achieve that
result, and the Act does not require a
zero-risk standard (73 FR 66998,
November 12, 2008). The Administrator
additionally recognized that the airrelated IQ loss evidence-based
framework did not provide estimates
pertaining to the U.S. population of
children as a whole. Rather, the
framework provided estimates (with
associated uncertainties and limitations)
for the mean of a subset of that
population, the subset of children
assumed to be exposed to the level of
the standard. As described in the final
decision ‘‘[t]he framework in effect
focuses on the sensitive subpopulation
that is the group of children living near
sources and more likely to be exposed
at the level of the standard’’ (73 FR
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67000, November 12, 2008). Further
description of the EPA’s consideration
of this issue is provided in the preamble
to the final decision rule (73 FR 67000,
November 12, 2008):
EPA is unable to quantify the percentile of
the U.S. population of children that
corresponds to the mean of this sensitive
subpopulation. Nor is EPA confident in its
ability to develop quantified estimates of airrelated IQ loss for higher percentiles than the
mean of this subpopulation. EPA expects that
the mean of this subpopulation represents a
high, but not quantifiable, percentile of the
U.S. population of children. As a result, EPA
expects that a standard based on
consideration of this framework would
provide the same or greater protection from
estimated air-related IQ loss for a high, albeit
unquantifiable, percentage of the entire
population of U.S. children.
In reaching a judgment as to the
appropriate degree of protection, the
Administrator considered advice and
recommendations from CASAC and
public comments and recognized the
uncertainties in the health effects
evidence and related information as
well as the role of, and context for, a
selected air-related IQ loss in the
application of the framework, as
described above. Based on these
considerations, the Administrator
identified an air-related IQ loss of 2
points for use with the framework, as a
tool for considering the evidence with
regard to the level for the standard (73
FR 67005, November 12, 2008). In so
doing, the Administrator was not
determining that such an IQ decrement
value was appropriate in other contexts
(73 FR 67005, November 12, 2008).
Given the various uncertainties
associated with the framework and the
scientific evidence base, and the focus
of the framework on the sensitive
subpopulation of children that are more
highly exposed to air-related Pb, a
standard level selected in this way, in
combination with the selected averaging
time and form, was expected to
significantly reduce and limit for a high
percentage of U.S. children the risk of
experiencing an air-related IQ loss of
that magnitude (73 FR 67005, November
12, 2008). At the standard level of 0.15
mg/m3, with the combination of the
generally central estimate of air-to-blood
ratio of 1:7 and the median of the four
C–R functions (-1.75 IQ point decrement
per mg/dL blood Pb), the framework
estimates of air-related IQ loss were
below 2 IQ points (73 FR 67005,
November 12, 2008, Table 4).
In reaching the decision in 2008 on a
level for the revised standard, the
Administrator also considered the
results of the quantitative risk
assessment to provide a useful
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perspective on risk from air-related Pb.
In light of important uncertainties and
limitations for purposes of evaluating
potential standard levels, however, the
Administrator placed less weight on the
risk estimates than on the evidencebased assessment. Nevertheless, in
recognition of the general comparability
of quantitative risk estimates for the
case studies considered most
conceptually similar to the scenario
represented by the evidence-based
framework, he judged the quantitative
risk estimates to be ‘‘roughly consistent
with and generally supportive’’ of the
evidence-based framework estimates (73
FR 67006, November 12, 2008).
Based on consideration of the entire
body of evidence and information
available in the review, as well as the
recommendations of CASAC and public
comments, the Administrator decided
that a level for the primary Pb standard
of 0.15 mg/m3, in combination with the
specified choice of indicator, averaging
time and form, was requisite to protect
public health, including the health of
sensitive groups, with an adequate
margin of safety (73 FR 67006,
November 12, 2008). In reaching
decisions on level as well as the other
elements of the revised standard, the
Administrator took note of the
complexity associated with
consideration of health effects caused by
different ambient air concentrations of
Pb and with uncertainties with regard to
the relationships between air
concentrations, exposures, and health
effects. For example, selection of a
maximum, not to be exceeded, form in
conjunction with a rolling 3-month
averaging time over a 3-year span was
expected to have the effect that the atrisk population of children would be
exposed below the standard most of the
time (73 FR 67005, November 12, 2008).
The Administrator additionally
considered the provision of an adequate
margin of safety in making decisions on
each of the elements of the standard,
including, for example ‘‘selection of
TSP as the indicator and the rejection of
the use of PM10 scaling factors; selection
of a maximum, not to be exceeded form,
in conjunction with a 3-month
averaging time that employs a rolling
average, with the requirement that each
month in the 3-month period be
weighted equally (rather than being
averaged by individual data) and that a
3-year span be used for comparison to
the standard; and the use of a range of
inputs for the evidence-based
framework, that includes a focus on
higher air-to-blood ratios than the
lowest ratio considered to be
supportable, and steeper rather than
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shallower C–R functions, and the
consideration of these inputs in
selection of 0.15 mg/m3 as the level of
the standard’’ (73 FR 67007, November
12, 2008).
The Administrator additionally noted
that a standard with this level would
reduce the risk of a variety of health
effects associated with exposure to Pb,
including effects indicated in the
epidemiological studies at lower blood
Pb levels, particularly including
neurological effects in children, and the
potential for cardiovascular and renal
effects in adults (73 FR 67006,
November 12, 2008). The Administrator
additionally considered higher and
lower levels for the standard,
concluding that a level of 0.15 mg/m3
provided for a standard that was neither
more or less stringent than necessary for
this purpose, recognizing that the Act
does not require that primary standards
be set at a zero-risk level, but rather at
a level that reduces risk sufficiently so
as to protect public health with an
adequate margin of safety (73 FR 67007,
November 12, 2008). For example, the
Administrator additionally considered
potential public health protection
provided by standard levels above 0.15
mg/m3, which he concluded were
insufficient to protect public health
with an adequate margin of safety. The
Administrator also noted that in light of
all of the evidence, including the
evidence-based framework, the degree
of public health protection likely
afforded by standard levels below 0.15
mg/m3 would be greater than what is
necessary to protect public safety with
an adequate margin of safety.
The Administrator concluded, based
on review of all of the evidence
(including the evidence-based
framework), that when taken as a whole
the selected standard, including the
indicator, averaging time, form, and
level, would be ‘‘sufficient but not more
than necessary to protect public health,
including the health of sensitive
subpopulations, with an adequate
margin of safety’’ (73 FR 67007,
November 12, 2008).
2. Overview of Health Effects Evidence
In this section, we provide an
overview of the information presented
in section II.B of the proposal on policyrelevant aspects of the health effects
evidence available for consideration in
this review. Section II.B of the proposal
provides a detailed summary of key
information contained in the ISA and in
the PA on health and public health
effects of Pb, focusing particularly on
the information most relevant to
consideration of effects associated with
the presence of Pb in ambient air (80 FR
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290–297, January 5, 2015). The
subsections below briefly outline this
information in the five topic areas
addressed in section II.B of the
proposal.
a. Array of Effects
Lead has been demonstrated to exert
a broad array of deleterious effects on
multiple organ systems as described in
the assessment of the evidence available
in this review and consistent with
conclusions of past CDs (ISA, section
1.6; 2006 CD, section 8.4.1). A sizeable
number of studies on Pb health effects
are newly available in this review and
are critically assessed in the ISA as part
of the full body of evidence. The newly
available evidence reaffirms conclusions
on the broad array of effects recognized
for Pb in the last review (see ISA,
section 1.10).24 Consistent with those
conclusions, in the context of pollutant
exposures considered relevant to the Pb
NAAQS review,25 the ISA determines
that causal relationships 26 exist for Pb
with effects on the nervous system in
children (cognitive function decrements
and the group of externalizing behaviors
comprising attention, impulsivity and
hyperactivity), the hematological system
(altered heme synthesis and decreased
red blood cell survival and function),
and the cardiovascular system
(hypertension and coronary heart
disease), and on reproduction and
development (postnatal development
and male reproductive function) (ISA,
Table 1–2). Additionally, the ISA
24 Since the last Pb NAAQS review, the ISAs,
which have replaced CDs in documenting each
review of the scientific evidence (or air quality
criteria), employ a systematic framework for
weighing the evidence and describing associated
conclusions with regard to causality using
established descriptors: ‘‘causal’’ relationship with
relevant exposure, ‘‘likely’’ to be a causal
relationship, evidence is ‘‘suggestive’’ of a causal
relationship, ‘‘inadequate’’ evidence to infer a
causal relationship, and ‘‘not likely’’ to be a causal
relationship (ISA, Preamble).
25 In drawing judgments regarding causality for
the criteria air pollutants, the ISA places emphasis
‘‘on evidence of effects at doses (e.g., blood Pb
concentration) or exposures (e.g., air
concentrations) that are relevant to, or somewhat
above, those currently experienced by the
population. The extent to which studies of higher
concentrations are considered varies . . . but
generally includes those with doses or exposures in
the range of one to two orders of magnitude above
current or ambient conditions. Studies that use
higher doses or exposures may also be considered
. . .[t]hus, a causality determination is based on
weight of evidence evaluation . . ., focusing on the
evidence from exposures or doses generally ranging
from current levels to one or two orders of
magnitude above current levels’’ (ISA, pp. lx-lxi).
26 In determining a causal relationship to exist for
Pb with specific health effects, the EPA concludes
that ‘‘[e]vidence is sufficient to conclude that there
is a causal relationship with relevant pollutant
exposures (i.e., doses or exposures generally within
one to two orders of magnitude of current levels)’’
(ISA, p. lxii).
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describes relationships between Pb and
certain types of effects on the nervous
system in adults, and on immune
system function, as well as with
cancer,27 as likely to be causal 28 (ISA,
Table 1–2, sections 1.6.4 and 1.6.7).
Among the nervous system effects of
Pb, the newly available evidence is
consistent with conclusions in the
previous review which recognized that
‘‘[t]he neurotoxic effects of Pb exposure
are among those most studied and most
extensively documented among human
population groups’’ (2006 CD, p. 8–25)
and took note of the diversity of studies
in which such effects of Pb exposure
early in development (from fetal to
postnatal childhood periods) have been
observed (2006 CD, p. E–9). While some
studies are newly available of other
effects in children with somewhat lower
blood Pb levels than previously
available for these effects, nervous
system effects continue to receive
prominence in the current review, as in
previous reviews, with particular
emphasis on those affecting cognitive
function and behavior in children (ISA,
section 4.3), with conclusions that are
consistent with findings of the last
review. For example, based on the
extensive assessment of the full body of
evidence available in this review, the
major conclusions drawn by the ISA
regarding health effects of Pb in
children include the following (ISA, p.
lxxxvii).
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Multiple epidemiologic studies conducted
in diverse populations of children
consistently demonstrate the harmful effects
of Pb exposure on cognitive function (as
measured by IQ decrements, decreased
academic performance and poorer
performance on tests of executive function).
. . . Evidence suggests that some Pb-related
cognitive effects may be irreversible and that
the neurodevelopmental effects of Pb
exposure may persist into adulthood (Section
1.9.4). Epidemiologic studies also
demonstrate that Pb exposure is associated
with decreased attention, and increased
impulsivity and hyperactivity in children
(externalizing behaviors). This is supported
by findings in animal studies demonstrating
both analogous effects and biological
27 The EPA concludes that a causal relationship
is likely to exist between Pb exposure and cancer,
based primarily on consistent, strong evidence from
experimental animal studies, but inconsistent
epidemiological evidence (ISA, section 4.10.5).
Lead has also been classified as a probable human
carcinogen by the International Agency for Research
on Cancer, based mainly on sufficient animal
evidence, and as reasonably anticipated to be a
human carcinogen by the U.S. National Toxicology
Program (ISA, section 4.10).
28 In determining that there is likely to be a causal
relationship for Pb with specific health effects, the
EPA has concluded that ‘‘[e]vidence is sufficient to
conclude that a causal relationship is likely to exist
with relevant pollutant exposures, but important
uncertainties remain’’ (ISA, p. lxii).
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plausibility at relevant exposure levels. Pb
exposure can also exert harmful effects on
blood cells and blood producing organs, and
is likely to cause an increased risk of
symptoms of depression and anxiety and
withdrawn behavior (internalizing
behaviors), decreases in auditory and motor
function, asthma and allergy, as well as
conduct disorders in children and young
adults. There is some uncertainty about the
Pb exposures contributing to the effects and
blood Pb levels observed in epidemiologic
studies; however, these uncertainties are
greater in studies of older children and adults
than in studies of young children (Section
1.9.5).
As in prior reviews of the Pb NAAQS,
this review is focused on those effects
most pertinent to ambient air Pb
exposures. Given the reductions in
ambient air Pb concentrations over the
past decades, these effects are generally
those associated with the lowest levels
of Pb exposure that have been
evaluated. Additionally, we recognize
the limitations on our ability to draw
conclusions regarding the exposure
conditions contributing to the findings
from epidemiological analyses of blood
Pb levels in populations of older
children and adults, particularly in light
of their history of higher Pb exposures.
For example, the evidence newly
available for Pb relationships with
cardiovascular effects in adults includes
some studies with somewhat lower
blood Pb levels than in the last review.
However, the long exposure histories of
these cohorts, as well as the generally
higher Pb exposures of the past,
complicate conclusions regarding
exposure levels that may be eliciting
observed effects (ISA, sections 4.4.2.4
and 4.4.7).29 Evidence available in
future reviews may better inform this
issue. Recognizing this, the extensive
assessment of the full body of evidence
available in this review contributed to
the following major conclusions drawn
by the ISA regarding health effects of Pb
in adults (ISA, p. lxxxviii).
A large body of evidence from both
epidemiologic studies of adults and
experimental studies in animals
demonstrates the effect of long-term Pb
exposure on increased blood pressure (BP)
and hypertension (Section 1.6.2). In addition
to its effect on BP, Pb exposure can also lead
to coronary heart disease and death from
cardiovascular causes and is associated with
cognitive function decrements, symptoms of
depression and anxiety, and immune effects
in adult humans. The extent to which the
effects of Pb on the cardiovascular system are
reversible is not well-characterized.
Additionally, the frequency, timing, level,
29 Studies
from the late 1960s and 1970s suggest
that adult blood Pb levels during that period ranged
from roughly 13 to 16 mg/dL and from 15 to 30 mg/
dL in children aged 6 and younger (ISA, section
4.4.1).
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and duration of Pb exposure causing the
effects observed in adults has not been
pinpointed, and higher past exposures may
contribute to the development of health
effects measured later in life.
In the last review, while recognizing
the range of health effects in variously
aged populations related to Pb exposure,
we focused on the health effects for
which the evidence was strongest with
regard to relationships with the lowest
exposure levels, neurocognitive effects
in young children. Similarly, given the
strength of the evidence, including the
greater confidence in conclusions
regarding the exposures contributing to
the observed effects, we focus in this
review, as in the last, on neurocognitive
effects in young children.
b. Critical Periods of Exposure
As in the last review, we base our
current understanding of health effects
associated with different Pb exposure
circumstances at various stages of life or
in different populations on the full body
of available evidence and primarily on
epidemiological studies of health effects
associated with population Pb
biomarker levels (as discussed further in
section II.B.3 of the proposal). The
epidemiological evidence is
overwhelmingly composed of studies
that rely on blood Pb for the exposure
metric, with the remainder largely
including a focus on bone Pb. Because
these metrics reflect Pb in the body (e.g.,
as compared to Pb exposure
concentrations) and, in the case of blood
Pb, reflect Pb available for distribution
to target sites, they strengthen the
evidence base for purposes of drawing
causal conclusions with regard to Pb
generally. The complexity of Pb
exposure pathways and internal
dosimetry, however, tends to limit the
extent to which these types of studies
inform our more specific understanding
of the Pb exposure circumstances (e.g.,
timing within lifetime, duration,
frequency and magnitude) eliciting the
various effects.
A critical aspect of much of the
epidemiological evidence, particularly
studies focused on adults (and older
children) in the U.S. today, is the
backdrop of generally declining
environmental Pb exposure (from higher
exposures during their younger years)
that is common across many study
populations (ISA, p. 4–2).30 An
additional factor complicating the
interpretation of health effect
30 The declines in Pb exposure concentrations
occurring from the 1970s through the early 1990s
(and experienced by middle aged and older adults
of today), as indicated by NHANES blood Pb
information, were particularly dramatic (ISA,
section 3.4.1).
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associations with blood Pb
measurements in older children and
younger adults is the common behaviors
of younger children (e.g., hand-to-mouth
contact) that generally contribute to
relatively greater exposures earlier in
life (ISA, sections 3.1.1, 5.2.1). Such
exposure histories for adults and older
children complicate our ability to draw
conclusions regarding critical time
periods and lifestages for Pb exposures
eliciting the effects for which
associations with Pb biomarkers have
been observed in these populations (e.g.,
ISA, section 1.9.6).31 Thus, our
confidence is greatest in the role of early
childhood exposure in contributing to
Pb-related neurocognitive effects that
have been associated with blood Pb
levels in young children. This is due, in
part, to the relatively short exposure
histories of young children (ISA,
sections 1.9.4, 1.9.6 and 4.3.11).
Epidemiological analyses evaluating
risk of neurocognitive impacts (e.g.,
reduced IQ) associated with different
blood Pb metrics in cohorts with
differing exposure patterns (including
those for which blood Pb levels at
different ages were not highly
correlated) also indicate associations
with blood Pb measurements concurrent
with full scale IQ (FSIQ) tests at ages of
approximately 6–7 years. The analyses
did not, however, conclusively
demonstrate stronger findings for early
(e.g., at age 2 years) or concurrent blood
Pb levels (ISA, section 4.3.11).32 The
experimental animal evidence
additionally indicates early life
susceptibility (ISA, section 4.3.15 and p.
5–21). Thus, while uncertainties remain
31 The evidence from experimental animal studies
can be informative with regard to key aspects of
exposure circumstances in eliciting specific effects,
thus informing our interpretation of
epidemiological evidence. For example, the animal
evidence base with regard to Pb effects on blood
pressure demonstrates the etiologically-relevant
role of long-term exposure (ISA, section 4.4.1). This
finding then informs consideration of
epidemiological studies of adult populations for
whom historical exposures were likely more
substantial than concurrent ones, suggesting that
the observed effects may be related to the past
exposure (ISA, section 4.4.1). For other health
effects, the animal evidence base may or may not
be informative in this manner.
32 In the collective body of evidence of nervous
system effects in children, it is difficult to
distinguish exposure in later lifestages (e.g., school
age) and its associated risk from risks resulting from
exposure in prenatal and early childhood (ISA,
section 4.3.11). While early childhood is recognized
as a time of increased susceptibility, a difficulty in
identifying a discrete period of susceptibility from
epidemiological studies has been that the period of
peak exposure, reflected in peak blood Pb levels, is
around 18–27 months when hand-to-mouth activity
is at its maximum (ISA, section 3.4.1 and 5.2.1.1;
2006 CD, p. 6–60). The task is additionally
complicated by the role of maternal exposure
history in contributing Pb to the developing fetus
(ISA, section 3.2.2.4.).
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with regard to the role of Pb exposures
during a particular age of life in eliciting
nervous system effects, such as
cognitive function decrements, the full
evidence base continues to indicate
prenatal and early childhood lifestages
as periods of increased Pb-related risk
(ISA, sections 4.3.11 and 4.3.15). We
recognize increasing uncertainty,
however, in our understanding of the
relative impact on neurocognitive
function of additional Pb exposure of
children by school age or later that is
associated with limitations of the
currently available evidence, including
epidemiological cohorts with generally
similar temporal patterns of exposure.
In summary, as in the last review, we
continue to recognize a number of
uncertainties regarding the
circumstances of Pb exposure, including
timing or lifestages, eliciting specific
health effects. Consideration of the
evidence newly available in this review
has not appreciably changed our
understanding on this topic. The
relationship of long-term exposure to Pb
with hypertension and increased blood
pressure in adults is substantiated
despite some uncertainty regarding the
exposure circumstances contributing to
blood Pb levels measured in
epidemiological studies. For example,
the evidence does not indicate the
exposure magnitude and timing that are
eliciting such effects. Across the full
evidence base, the effects for which our
understanding of relevant exposure
circumstances is greatest are
neurocognitive effects in young
children. Moreover, available evidence
does not suggest a more sensitive
endpoint. Thus, we continue to
recognize and give particular attention
to the role of Pb exposures relatively
early in childhood in contributing to
neurocognitive effects, some of which
may persist into adulthood.
c. Nervous System Effects in Children
The evidence currently available with
regard to the magnitude of blood Pb
levels associated with neurocognitive
effects in children is generally
consistent with that available in the
review completed in 2008. Nervous
system effects in children, specifically
effects on cognitive function, continue
to be the effects that are best
substantiated as occurring at the lowest
blood Pb concentrations (ISA, pp.
lxxxvii–lxxxviii). Associations of blood
Pb with effects on cognitive function
measures in children have been
reported in many studies across a range
of childhood blood Pb levels, including
study group (mean/median) levels
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ranging down to 2 mg/dL (e.g., ISA, p.
lxxxvii and section 4.3.2).33
Among the analyses of lowest study
group blood Pb levels at the youngest
ages are analyses available in the last
review of Pb associations with
neurocognitive function decrement in
study groups with mean levels on the
order of 3–4 mg/dL in children aged 24
months or ranging from 5 to 7 years (73
FR 66978–66979, November 12, 2008;
ISA, sections 4.3.2.1 and 4.3.2.2;
Bellinger and Needleman, 2003;
Canfield et al., 2003; Lanphear et al.,
2005; Tellez-Rojo et al., 2006; Bellinger,
2008; Canfield, 2008; Tellez-Rojo, 2008;
Kirrane and Patel, 2014).34 Newly
available in this review are two studies
reporting association of blood Pb levels
prior to 3 years of age with academic
performance on standardized tests in
primary school; mean blood Pb levels in
these studies were 4.2 and 4.8 mg/dL
(ISA, section 4.3.2.5; Chandramouli et
al., 2009; Miranda et al., 2009). One of
these two studies, which represented
integer blood Pb levels as categorical
variables, indicated a small effect on
end-of-grade reading score of blood Pb
levels as low as 2 mg/dL, after
adjustment for age of measurement,
race, sex, enrollment in free or reduced
lunch program, parental education, and
school type (Miranda et al., 2009).
Newly available in this review are
also several studies in older children on
neurocognitive effects and other
nervous system effects. As described in
section II.B.3 of the proposal, however,
these studies are focused on population
groups of ages for which the available
information indicates exposure levels
were higher earlier in childhood. Thus,
in light of this information, although the
blood Pb levels in the studies in older
child population groups are lower (at
the time of the study) than the younger
child study levels, the studies of older
33 The value of 2 mg/dL refers to the regression
analysis of blood Pb and end-of-grade test scores,
in which blood Pb was represented by categories for
integer values of blood Pb from 1 mg/dL to 9 and
>10 mg/dL from large statewide database. A
significant effect estimate was reported for test
scores with all blood Pb categories in comparison
to the reference category (1 mg/dL), which included
results at and below the limit of detection. Mean
levels are not provided for any of the categories
(Miranda et al., 2009).
34 The tests for cognitive function in these studies
include age-appropriate Wechsler intelligence tests
(Lanphear et al., 2005; Bellinger and Needleman,
2003), the Stanford-Binet intelligence test (Canfield
et al., 2003), and the Bayley Scales of Infant
Development (Tellez-Rojo et al., 2006). The
Wechsler and Stanford-Binet tests are widely used
to assess neurocognitive function in children and
adults. These tests, however, are not appropriate for
children under age 3. For such children, studies
generally use the age-appropriate Bayley Scales of
Infant Development as a measure of cognitive
development.
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children do not provide a basis for
concluding a role for lower Pb exposure
levels than those experienced by the
younger study groups. Rather, this
information makes these studies
relatively uninformative with regard to
evidence of effects associated with
lower exposure levels than provided by
evidence previously available.
Recognizing the complexity
associated with interpretation of studies
involving older cohorts,35 as well as the
potential role of higher exposure levels
in the past, we continue to focus our
consideration of this question on the
evidence of effects in young children for
which our understanding of exposure
history is less uncertain.36 Within this
evidence base, we recognize the lowest
study group blood Pb levels to be
associated with effects on cognitive
function measures, indicating that to be
the most sensitive endpoint. As
described above, the evidence available
in this review is generally consistent
with that available in the last review
with regard to blood Pb levels at which
such effects had been reported (ISA,
section 4.3.2; 2006 CD, section 8.4.2.1;
73 FR 66976–66979, November 12,
2008). As blood Pb levels are a
reflection of exposure history,
particularly in early childhood (ISA,
section 3.3.2), we conclude, by
extension, that the currently available
evidence does not indicate Pb effects at
exposure levels appreciably lower than
recognized in the last review.
We additionally note that, as in the
last review, a threshold blood Pb level
with which nervous system effects, and
specifically cognitive effects, occur in
young children cannot be discerned
from the currently available studies
(ISA, sections 1.9.3 and 4.3.12).
Epidemiological analyses have reported
blood Pb associations with cognitive
effects (FSIQ or BSID MDI 37) for young
35 Our conclusions regarding exposure levels at
which Pb health effects occur, particularly with
regard to such levels that might be common in the
U.S. today, are complicated now, as in the last
review, by several factors. These factors include the
scarcity of information in epidemiological studies
on cohort exposure histories, as well as by the
backdrop of higher past exposure levels which
frame the history of most, if not all, older study
cohorts.
36 In focusing on effects associated with blood Pb
levels in early childhood, however, we additionally
recognize the evidence across categories of effects
that relate to blood Pb levels in older child study
groups (for which early childhood exposure may
have had an influence) which provides additional
support to an emphasis on nervous system effects
(ISA, sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8).
37 The Bayley Scales of Infant Development,
Mental Development Index (BSID MDI) is a wellstandardized and widely used assessment measure
of infant cognitive development. Scores earlier than
24 months are not necessarily strongly correlated
with later FSIQ scores in children with normal
development (ISA, section 4.3.15.1).
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child population subgroups (age 5 years
or younger) with individual blood Pb
measurements as low as approximately
1 mg/dL and mean concentrations as low
as 2.9 to 3.8 mg/dL (ISA, section 4.3.12;
Bellinger and Needleman, 2003;
Bellinger, 2008; Canfield el al., 2003;
Canfield, 2008; Tellez-Rojo et al., 2006;
Tellez-Rojo, 2008). As concluded in the
ISA, however, ‘‘the current evidence
does not preclude the possibility of a
threshold for neurodevelopmental
effects in children existing with lower
blood levels than those currently
examined’’ (ISA, p. 4–274).
Important uncertainties associated
with the evidence of effects at low
exposure levels are similar to those
recognized in the last review, including
the shape of the concentration-response
relationship for effects on
neurocognitive function at low blood Pb
levels in today’s young children. Also of
note is our interpretation of associations
between blood Pb levels and effects in
epidemiological studies, with which we
recognize uncertainty with regard to the
specific exposure circumstances
(timing, duration, magnitude and
frequency) that have elicited the
observed effects, as well as uncertainties
in relating ambient air concentrations
(and associated air-related exposures) to
blood Pb levels in early childhood, as
recognized in section II.A.2.b above. We
additionally recognize uncertainties
associated with conclusions drawn with
regard to the nature of the
epidemiological associations with blood
Pb (e.g., ISA, section 4.3.13) but note
that, based on consideration of the full
body of evidence for neurocognitive
effects, the EPA has determined a causal
relationship to exist between relevant
blood Pb levels and neurocognitive
impacts in children (ISA, section
4.3.15.1).
Based primarily on studies of FSIQ,
the assessment of the currently available
studies, as was the case in the last
review, continues to recognize a
nonlinear relationship between blood
Pb levels and effects on cognitive
function, with a greater incremental
effect (greater slope) at lower relative to
higher blood Pb levels within the range
thus far studied, extending from well
above 10 mg/dL to below 5 mg/dL (ISA,
section 4.3.12). This was supported by
the evidence available in the last
review, including the analysis of the
large pooled international dataset
comprised of blood Pb measurements
and IQ test results from seven
prospective cohorts (Lanphear et al.,
2005; Rothenberg and Rothenberg, 2005;
ISA, section 4.3.12). The blood Pb
measurements in this pooled dataset
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that were concurrent with the IQ tests
ranged from 2.5 mg/dL to 33.2 mg/dL.
The study by Lanphear et al. (2005)
additionally presented analyses that
stratified the dataset based on peak
blood Pb levels (e.g., with cutpoints of
7.5 mg/dL and 10 mg/dL peak blood Pb)
and found that the coefficients from
linear models of the association for IQ
with concurrent blood Pb levels were
higher in the lower peak blood Pb level
subsets than the higher groups (ISA,
section 4.3.12; Lanphear et al., 2005).38
In other publications, stratified analyses
of several individual cohorts also
observed higher coefficients for blood
Pb relationships with measures of
neurocognitive function in lower as
compared to higher blood Pb subgroups
(ISA, section 4.3.12; Canfield et al.,
2003; Bellinger and Needleman, 2003;
Kordas et al., 2006; Tellez-Rojo et al.,
2006). Of these subgroup analyses, those
involving the lowest mean blood Pb
levels and closest to the current mean
for U.S. preschool children are listed in
Table 1 of the proposal (drawn from
Table 3 of the 2008 preamble to the final
rule [73 FR 67003, November 12, 2008],
and Kirrane and Patel, 2014).39 These
analyses were important inputs for the
air-related IQ loss evidence-based
framework which informed decisions on
a revised standard in the last review (73
FR 67005, November 12, 2008),
discussed in section II.A.1 above.
Specifically, the framework focused on
the median of the four average linear
slope estimates from the studies
recognized in Table 3 of the 2008
decision (73 FR 67003, November 12,
2008). As shown in Table 1 of the
proposal, the median is unchanged by
38 As described in the PA and noted in the
proposal, since the completion of the ISA, two
errors have been identified with the pooled dataset
analyzed by Lanphear et al. (2005) (Kirrane and
Patel, 2014). A recent publication and the EPA have
separately recalculated the statistics and
mathematical model parameters of Lanphear et al.
(2005) using the corrected pooled dataset (see
Kirrane and Patel, 2014). While the magnitude of
the loglinear and linear regression coefficients are
modified slightly based on the corrections, the
conclusions drawn from these coefficients,
including the finding of a steeper slope at lower (as
compared to higher) blood Pb concentrations, are
not affected (Kirrane and Patel, 2014).
39 One of these four subgroup analyses is the
analysis of the lowest blood Pb subset of the pooled
international study by Lanphear et al. (2005). The
nonlinear model developed from the full pooled
dataset is the basis of the C–R functions used in the
2007 REA, in which risk was estimated over a large
range of blood Pb levels (PA, section 3.4.3.3). Given
the narrower focus of the evidence-based
framework on IQ response at the end of studied
blood Pb levels (closer to U.S. mean level), the C–
R functions in Table 1 are from linear analyses
(each from separate publications) for the study
group subsets with blood Pb levels closest to mean
for children in the U.S. today.
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consideration of the information newly
available in this review.40
Several studies newly available in the
current review have, in all but one
instance, also found a nonlinear blood
Pb-cognitive function relationship in
nonparametric regression analyses of
the cohort blood Pb levels analyzed
(ISA, section 4.3.12). These studies,
however, used statistical approaches
that did not produce quantitative results
for each blood Pb group (ISA, section
4.3.12). Thus, newly available studies
have not extended the range of
observation for quantitative estimates of
this relationship to lower blood Pb
levels than those of the previous review.
The ISA further notes that the potential
for nonlinearity has not been examined
in detail within a lower, narrower range
of blood Pb levels than those of the full
cohorts thus far studied in the currently
available evidence base (ISA, section
4.3.12). Such an observation in the last
review supported the consideration of
linear slopes with regard to blood Pb
levels at and below those represented in
Table 1 of the proposal. In summary, the
newly available evidence does not
substantively alter our understanding of
the C–R relationship (including
quantitative aspects) for neurocognitive
impact, such as IQ, with blood Pb in
young children.
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d. At-Risk Populations
In this section, as elsewhere, we use
the term ‘‘at-risk populations’’ 41 to
recognize populations that have a
greater likelihood of experiencing Pbrelated health effects, i.e., groups with
characteristics that contribute to an
increased risk of Pb-related health
effects. These populations are also
referred to as sensitive groups (as in
section I.A above). In identifying factors
that increase risk of Pb-related health
effects, we have considered evidence
regarding factors contributing to
increased susceptibility, generally
including physiological or intrinsic
factors contributing to a greater response
for the same exposure and those
contributing to increased exposure,
including that resulting from behavior
leading to increased contact with
40 As the framework focused on the median of the
four slopes in Table 1, the change to the one from
Lanphear et al. (2005) based on the recalculation
described above has no impact on conclusions
drawn from the framework.
41 In the context of ‘‘at-risk populations,’’ the term
‘‘population’’ refers to persons having one or more
qualities or characteristics including, for example,
a specific pre-existing illness or a specific age or
lifestage, with lifestage referring to a distinguishable
time frame in an individual’s life characterized by
unique and relatively stable behavioral and/or
physiological characteristics that are associated
with development and growth.
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contaminated media (ISA, Chapter 5).
Physiological risk factors include both
conditions contributing to a group’s
increased risk of effects at a given blood
Pb level and those that contribute to
blood Pb levels higher than those
otherwise associated with a given Pb
exposure (e.g., ISA, sections 5.3 and 5.1,
respectively).
In considering factors that increase
risk by contributing to increased
exposure or to increased blood Pb levels
over those otherwise associated with a
given Pb exposure, we note that the
currently available evidence continues
to support a nonlinear relationship
between neurocognitive effects and
blood Pb that indicates incrementally
greater impacts at lower as compared to
higher blood Pb levels (ISA, section
4.3.12), as described in section II.B.3 of
the proposal and briefly noted in section
II.A.2.c above. An important implication
of this finding is that while children
with higher blood Pb levels are at
greater risk of Pb-related effects than
children with lower blood Pb levels, on
an incremental basis (e.g., per mg/dL) the
risk is greater for children at lower
blood Pb levels. This was given
particular attention in the last review of
the Pb NAAQS, in which the standard
was revised with consideration of the
incremental impact of air-related Pb on
young children in the U.S. and the
recognition of greater incremental
impact for those children with lower
absolute blood Pb levels (73 FR 67002,
November 12, 2008). Such consideration
included a focus on those C–R studies
involving the lowest blood Pb levels, as
described in section II.A.1 above.
The information newly available in
this review has not appreciably altered
our previous understanding of at-risk
populations for Pb in ambient air. As in
the last review, the factor most
prominently recognized to contribute to
increased risk of Pb effects is childhood
(ISA, section 1.9.6). As discussed in
section II.B.2 of the proposal and briefly
noted in section II.A.2.b above, while
uncertainties remain with regard to the
role of Pb exposures during a particular
age of life in eliciting nervous system
effects, such as cognitive function
decrements, the full evidence base
continues to indicate prenatal and early
childhood lifestages as periods of
increased Pb-related risk (ISA, sections
4.3.11 and 4.3.15). Thus, in the current
review, as at the time of the last review
of the Pb NAAQS, we recognize young
children as an important at-risk
population, with sensitivity extending
to prenatal exposures and into
childhood development.
An additional physiological risk
factor that contributes to increased
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blood Pb levels is nutritional status,
which can play a role in Pb absorption
from the gastrointestinal tract, with
iron-, calcium- and zinc-deficient diets
contributing to increased Pb absorption
and associated blood Pb levels (ISA,
sections 3.2.1.2, 5.1, 5.3.10 and 5.4).
Risk factors based on increased
exposure include spending time in
proximity to sources of Pb to ambient
air or other environmental media, such
as large active metals industries or
locations of historical Pb contamination
(ISA, sections 1.9.6, 3.7.1, 5.2.5 and 5.4).
Residential factors associated with other
sources of Pb exposure (e.g., leaded
paint or plumbing with Pb pipes or
solder) are another exposure-related risk
factor (ISA, sections 3.7.1, 5.2.6 and
5.4). Additionally, some races or
ethnicities have been associated with
higher blood Pb levels, with differential
exposure indicated in some cases as the
cause (ISA, sections 5.2.3 and 5.4).
Lower socioeconomic status (SES) has
been associated with higher Pb exposure
and higher blood Pb concentration in
some study groups, leading the ISA to
conclude the evidence is suggestive for
low SES as a risk factor (ISA, sections
5.3.16, 5.2.4 and 5.4).42 Although the
differences in blood Pb levels,
nationally, between children of lower
and higher income levels (as well as
among some races or ethnicities) have
lessened, blood Pb levels continue to be
higher among lower-income children
indicating higher exposure and/or
greater influence of factors independent
of exposure, such as nutritional factors
(ISA, sections 1.9.6, 5.2.1.1 and 5.4).43
The evidence is also suggestive of
increased risk associated with several
other factors: older adulthood,44 pre42 The approach used by the EPA in evaluating
the evidence regarding factors that may influence
the risk of Pb-related health effects is described in
chapter 5 of the ISA.
43 Although the evidence for SES continues to
indicate increased blood Pb levels in lower income
children, its role with regard to an increased health
risk for the same blood Pb level is unclear and its
role generally with regard to Pb-related risk is
somewhat complicated. SES often serves as a
marker term for one or a combination of unspecified
or unknown environmental or behavioral variables.
Further, it is independently associated with an
adverse impact on neurocognitive development,
and a few studies have examined SES as a potential
modifier of the association of childhood Pb
exposure with cognitive function with inconsistent
findings regarding low SES as a potential risk
factor.
44 The ISA identifies older adulthood as a
lifestage of potentially greater risk of Pb-related
health effects based primarily on the evidence of
increases in blood Pb levels during this lifestage
(ISA, sections 5.2.1.2, 5.3.1.2, and 5.4), as well as
observed associations of some cardiovascular and
nervous system effects with bone and blood Pb in
older populations, with biological plausibility for
the role of Pb provided by experimental animal
studies (ISA, sections 4.3.5, 4.3.7 and 4.4). Exposure
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existing disease (e.g., hypertension),
variants for certain genes and increased
stress (ISA, section 5.3.4).
In summary, we recognize the
sensitivity of the prenatal period and
several stages of childhood to an array
of neurocognitive and behavioral effects,
and we particularly recognize young
children as an important at-risk
population in light of current
environmental exposure levels. Age or
lifestage was used to distinguish
potential groups on which to focus in
the last review in recognition of its role
in exposure and susceptibility, and
young children were the focus of the
REA in consideration of the health
effects evidence regarding endpoints of
greatest public health concern and in
recognition of effects on the developing
nervous system as a sentinel endpoint
for public health impacts of Pb. This
identification continues to be supported
by the evidence available in the current
review.
e. Potential Impacts on Public Health
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There are several potential public
health impacts associated with Pb
exposure in the current U.S. population.
In recognition of effects causally related
to blood Pb levels somewhat near those
most recently reported for today’s
population and for which the weight of
the evidence is greatest, the potential
public health impacts most prominently
recognized in the ISA are population IQ
impacts associated with childhood Pb
exposure and prevalence of
cardiovascular effects in adults (ISA,
section 1.9.1). With regard to the latter
category, as discussed above, the full
body of evidence indicates a role of
long-term cumulative exposure, with
uncertainty regarding the specific
exposure circumstances contributing to
the effects in the epidemiological
studies of adult populations, for whom
historical Pb exposures were likely
much higher than exposures that
commonly occur today (ISA, section
4.4). There is less uncertainty regarding
the exposure patterns contributing to
the blood Pb levels reported in studies
of younger populations (ISA, sections
1.9.4 and 1.10). Accordingly, the
discussion of public health implications
relevant to this review is focused
predominantly on nervous system
effects, including IQ decrements, in
children.
histories of older adult study populations, which
included younger years during the time of leaded
gasoline usage and other sources of Pb exposures
which were more prevalent in the past than today,
are likely contributors to their blood Pb levels (ISA,
pp. lx-lxi; Figure 2–1 and sections 2.5.2, 3.3.5 and
5.2.1.2).
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The magnitude of a public health
impact is dependent upon the type or
severity of the effect, as well as the size
of populations affected. Intelligence
quotient is a well-established, widely
recognized and rigorously standardized
measure of neurocognitive function, as
well as a global measure reflecting the
integration of numerous processes (ISA,
section 4.3.2; 2006 CD, sections 6.2.2
and 8.4.2). In considering population
risk, the distribution of effects across
members of the population is important.
For example, if Pb-related decrements
are manifested uniformly across the
range of IQ scores in a population, ‘‘a
small shift in the population mean IQ
may be significant from a public health
perspective because such a shift could
yield a larger proportion of individuals
functioning in the low range of the IQ
distribution, which is associated with
increased risk of educational,
vocational, and social failure’’ as well as
a decrease in the proportion with high
IQ scores (ISA, section 1.9.1). Examples
of other measures of cognitive function
negatively associated with Pb exposure
include other measures of intelligence
and cognitive development and
measures of other cognitive abilities,
such as learning, memory, and
executive functions, as well as academic
performance and achievement (ISA,
section 4.3.2). Although some
neurocognitive effects of Pb in children
may be transient, some may persist into
adulthood (ISA, section 1.9.5).45 We
also note that deficits in
neurodevelopment early in life may
have lifetime consequences as
‘‘[n]eurodevelopmental deficits
measured in childhood may set affected
children on trajectories more prone
toward lower educational attainment
and financial well-being’’ (ISA, section
4.3.14). Thus, population groups for
which neurodevelopment is affected by
Pb exposure in early childhood are at
risk of related impacts on their success
later in life.
As indicated above, young children
are the at-risk population that may be
most at risk of health effects associated
with exposure to Pb, and children at
greatest risk from air-related Pb are
those children with highest air-related
Pb exposure, which we consider to be
those living in areas of higher ambient
air Pb concentrations (e.g.,
concentrations near or above the current
45 The ISA states that the ‘‘persistence of effects
appears to depend on the duration and window of
exposure as well as other factors that may affect an
individual’s ability to recover from an insult,’’ with
some evidence of greater recovery in children
reared in households with more optimal caregiving
characteristics and low concurrent blood Pb levels
(ISA, p. 1–77; Bellinger et al., 1990).
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standard). Analyses in the PA indicate
this group to be a very small subset of
all young children in the U.S. Together
the analyses indicate that well below
one-tenth of one percent of the full
population of children aged 5 years or
younger in the U.S. today live in areas
with air Pb concentrations near or above
the current standard, with the current
monitoring data indicating the size of
this population to be approximately
one-hundredth of a percent of the full
population of children aged 5 or
younger (PA, pp. 3–36 to 3–38, 4–25, 4–
32). It is these children that were the
Administrator’s focus in revising the
primary standard in 2008.
3. Overview of Information on Blood
Lead Relationships With Air Lead
This section provides a brief overview
of the information summarized in
section II.C of the proposal on key
aspects of the information available in
this review on blood Pb as a biomarker
and on relationships of blood Pb with
air Pb (80 FR 298–300, January 5, 2015).
Blood Pb is well established as a
biomarker of Pb exposure and of
internal dose, with relationships
between air Pb concentrations and
blood Pb concentrations informing
consideration of the NAAQS for Pb
since its initial establishment in 1978.
The blood Pb concentration in
childhood (particularly early childhood)
can more quickly (than in adulthood)
reflect changes in total body burden
(associated with the shorter exposure
history) and can also reflect changes in
recent exposures (ISA, section 3.3.5).
The relationship of children’s blood Pb
to recent exposure may reflect their
labile bone pool, with their rapid bone
turnover in response to rapid childhood
growth rates (ISA, section 3.3.5). The
relatively smaller skeletal compartment
of Pb in children (particularly very
young children) compared to adults is
subject to more rapid turnover. Multiple
studies have demonstrated young
children’s blood Pb levels to reflect Pb
exposures, including exposures to Pb in
surface dust (e.g., Lanphear and
Roghmann, 1997; Lanphear et al., 1998).
These and studies of child populations
near sources of air Pb emissions, such
as metal smelters, have further
demonstrated the effect of airborne Pb
on interior dust and on blood Pb (ISA,
sections 3.4.1, 3.5.1 and 3.5.3; Hilts,
2003; Gulson et al., 2004).
As blood Pb is an integrated marker
of aggregate Pb exposure across all
pathways, the blood Pb C–R
relationships described in
epidemiological studies of Pb-exposed
populations do not distinguish among
different sources of Pb or pathways of
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Pb exposure (e.g., inhalation, ingestion
of indoor dust, ingestion of dust
containing leaded paint). Thus, our
interpretation of the health effects
evidence for purposes of this review
necessitates characterization of the
relationships between Pb from those
sources and pathways of interest in this
review (i.e., those related to Pb emitted
into the air) and blood Pb.
The evidence for air-to-blood
relationships derives from analyses of
datasets for populations residing in
areas with differing air Pb
concentrations, including datasets for
circumstances in which blood Pb levels
have changed in response to changes in
air Pb. The control for variables other
than air Pb that can affect blood Pb
varies across these analyses. At the
conclusion of the last review in 2008,
the EPA interpreted the evidence as
providing support for use (in informing
the Administrator’s decision on
standard level) of a range of air-to-blood
ratios 46 ‘‘inclusive at the upper end of
estimates on the order of 1:10 and at the
lower end on the order of 1:5’’ (73 FR
67002, November 12, 2008). This
conclusion reflected consideration of
the air-to-blood ratios presented in the
1986 CD 47 and associated observations
regarding factors contributing to
variation in such ratios, ratios reported
subsequently and ratios estimated based
on modeling performed in the REA, as
well as advice from CASAC (73 FR
66973–66975, 67001–67002, November
12, 2008). The information available in
this review, which is assessed in the
ISA and largely, although not
completely, comprises studies that were
available in the last review, does not
alter the primary scientific conclusions
drawn in the last review regarding the
relationships between Pb in ambient air
and Pb in children’s blood. The ratios
summarized in the ISA in this review
span a range generally consistent with
the range concluded in 2008 (ISA,
section 3.5.1).
The evidence on the quantitative
relationship between air Pb and airrelated Pb in blood is now, as in the
past, limited by the circumstances (such
as those related to Pb exposure) in
which the data were collected. Previous
reviews have recognized the significant
46 The quantitative relationship between ambient
air Pb and blood Pb, often termed a slope or ratio,
describes the increase in blood Pb (in mg/dL)
estimated to be associated with each unit increase
of air Pb (in mg/m3). Ratios are presented in the form
of 1:x, with the 1 representing air Pb (in mg/m3) and
x representing blood Pb (in mg/dL). Description of
ratios as higher or lower refers to the values for x
(i.e., the change in blood Pb per unit of air Pb).
Slopes are presented as simply the value of x.
47 The 2006 CD did not include an assessment of
then-current evidence on air-to-blood ratios.
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variability in air-to-blood ratios for
different populations exposed to Pb
through different air-related exposure
pathways and at different air and blood
levels, with the 1986 CD noting that
ratios derived from studies involving
the higher blood and air Pb levels
pertaining to occupationally exposed
workers are generally smaller than ratios
from studies involving lower blood and
air Pb levels (ISA, p. 3–132; 1986 CD,
p. 11–99). Consistent with this
observation, slopes in the range of 3 to
5 were estimated for child population
datasets assessed in the 1986 CD (ISA,
p. 3–132; 1986 CD p. 11–100;
Brunekreef, 1984). Additional studies
considered in the last review and those
assessed in the ISA provide evidence of
ratios above this older range (ISA, p. 3–
133). For example, a ratio of 1:6.5 to 1:7
is indicated by the study by Hilts (2003),
one of the few studies that evaluate the
air Pb-blood Pb relationship in
conditions that are closer to the current
state in the U.S. (ISA, p. 3–132). We
additionally note the variety of factors
identified in the ISA that may
potentially affect estimates of various
ratios (including potentially coincident
reductions in nonair Pb sources during
the course of the studies) and for which
a lack of complete information may
preclude any adjustment of estimates to
account for their role (ISA, section 3.5).
In summary, as at the time of the last
review of the NAAQS for Pb, the
currently available evidence includes
estimates of air-to-blood ratios, both
empirical and model-derived, with
associated limitations and related
uncertainties. These limitations and
uncertainties, which are summarized
here and also noted in the ISA, usually
include uncertainty associated with
reductions in other Pb sources during
the study period. The limited amount of
new information available in this review
has not appreciably altered the scientific
conclusions reached in the last review
regarding relationships between Pb in
ambient air and Pb in children’s blood
or with regard to the range of ratios. The
currently available evidence continues
to indicate ratios relevant to the
population of young children in the U.S.
today, reflecting multiple air-related
pathways in addition to inhalation, to
be generally consistent with the
approximate range of 1:5 to 1:10 given
particular attention in the 2008 NAAQS
decision, including the ‘‘generally
central estimate’’ of 1:7 (73 FR 67002,
67004, November 12, 2008; ISA, pp. 3–
132 to 3–133).
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4. Overview of Risk and Exposure
Assessment Information
This section provides a brief overview
of key aspects of the risk and exposure
assessment information available in this
review, which is based primarily on the
exposure and risk assessment developed
in the last review of the Pb NAAQS.48
This overview is drawn from the
summary presented in the proposal (80
FR 300–305, January 5, 2015). As
described in the REA Planning
Document, careful consideration of the
information newly available in this
review, with regard to designing and
implementing a full REA for this review,
led to the conclusion that performance
of a new REA for this review was not
warranted. We did not find the
information newly available in this
review to provide the means by which
to develop an updated or enhanced risk
model that would substantially improve
the utility of risk estimates in informing
the current Pb NAAQS review (REA
Planning Document, section 2.3). Based
on its consideration of the REA
Planning Document analysis, the
CASAC Pb Review Panel generally
concurred with the conclusion that a
new REA was not warranted in this
review (Frey, 2011b).49 Accordingly, the
exposure/risk information considered in
this review is drawn primarily from the
2007 REA, augmented by a limited new
computation for one case study focused
on risk associated with the current
standard, as described in section II.D of
the proposal and in section 3.4 and
Appendix 3A of the PA.
The focus for the risk assessment and
associated estimates is on Pb derived
from sources emitting Pb to ambient air.
In order to characterize exposure and
risk from these pathways, however, the
assessment also recognized the role of
Pb exposure pathways unrelated to Pb
in ambient air (2007 REA, section 2.1).
Sources of human Pb exposure include
current and historical air emissions
sources, as well as miscellaneous nonair
sources, which can contribute to
multiple exposure media and associated
pathways, such as inhalation of ambient
air, ingestion of indoor dust, outdoor
soil/dust and diet or drinking water (as
recognized in section I.D above). In
addition to airborne emissions (recent or
48 The information in this review is based on the
assessment from the last review, described in the
2007 REA, the 2007 Staff Paper and the 2008 notice
of final decision (USEPA, 2007a; USEPA, 2007b; 73
FR 66964, November 12, 2008), as considered in the
context of the evidence newly available in this
review (PA, section 3.4; proposal, section II.D).
49 In its review of the draft PA, the CASAC Pb
Review Panel reinforced its concurrence with the
EPA’s decision not to develop a new REA (Frey,
2013).
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those in the past), sources of Pb to these
pathways also include old leaded paint,
including Pb mobilized indoors during
renovation/repair activities, and
contaminated soils. Lead in diet and
drinking water may have air pathwayrelated contributions as well as
contributions from nonair sources (e.g.,
Pb solder on older water distribution
pipes and Pb in materials used in food
processing).
Limitations in our data and modeling
tools handicapped our ability to address
the various complexities associated with
exposure to ambient air Pb and to fully
separate the nonair contributions to Pb
exposure from estimates of air-related
Pb exposure and risk. As a result, the
assessment included a number of
simplifying assumptions in a number of
areas, and the estimates of air-related Pb
risk produced are approximate,
characterized by bounds within which
air-related Pb risk is estimated to fall.
The lower bound is based on a
combination of pathway-specific
estimates that do not completely
represent all air-related pathways, while
the upper bound is based on a
combination of pathway-specific
estimates that includes pathways that
are not air-related but the separating out
of which is precluded by modeling and
data limitations (PA, section 3.4).
Key aspects of the 2007 REA, such as
the exposure populations, exposure or
dose metric, health effects endpoint and
risk metric were based on consideration
of the then-currently available evidence
as assessed in detail in the 2006 CD. As
discussed in the REA Planning
Document (USEPA, 2011b), these
selections continue to be supported by
the evidence now available in this
review as described in the ISA. The REA
focused on risk to the central nervous
system in childhood as the most
sensitive effect that could be
quantitatively assessed, with decrement
in IQ used as the risk metric. Exposure
and biokinetic modeling was used to
estimate blood Pb concentrations in
children exposed to Pb up to age 7
years.50 This focus reflected the
evidence for young children with regard
to air-related exposure pathways and
susceptibility to Pb health impacts (e.g.,
ISA, sections 3.1.1, 4.3, 5.2.1.1, 5.3.1.1,
and 5.4). For example, the hand-tomouth activity of young children
contributes to their Pb exposure (i.e.,
incidental soil and indoor dust
ingestion), and ambient air-related Pb
has been shown to contribute to Pb in
50 The pathways represented in this modeling
included childhood inhalation and ingestion
pathways, as well as maternal contributions to
newborn body burden (2007 REA, Appendix H,
Exhibit H–6).
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outdoor soil and indoor house dust
(ISA, sections 3.1.1 and 3.4.1; 2006 CD,
section 3.2.3).
The 2007 REA relied on a case study
approach to provide estimates that
inform our understanding of air-related
exposure and risk in different types of
air Pb exposure situations. Lead
exposure and associated risk were
estimated for multiple case studies that
generally represent two types of
residential population exposures to airrelated Pb: (1) Location-specific urban
populations of children with a broad
range of air-related exposures, reflecting
existence of urban concentration
gradients; and (2) children residing in
localized areas with air-related
exposures representing air
concentrations specifically reflecting the
standard level being evaluated (see PA,
Table 3–6). Thus, the two types of case
studies differed with regard to the
extent to which they represented
population variability in air-related Pb
exposure.
In drawing on the 2007 REA for our
purposes in this review, we focused on
two case studies, one from each of these
two categories: (1) The location-specific
urban case study for Chicago and (2) the
generalized (local) urban case study
(PA, Table 3–6). The generalized (local)
urban case study (also referred to as
general urban case study) was not based
on a specific geographic location and
reflected several simplifying
assumptions in representing exposure
including uniform ambient air Pb levels
associated with the standard of interest
across the hypothetical study area and
a uniform study population. Based on
the nature of the population exposures
represented by the two categories of
case study, the generalized (local) urban
case study includes populations that are
relatively more highly exposed by way
of air pathways to air Pb concentrations
near the standard level evaluated,
compared with the populations in the
location-specific urban case. The
location-specific urban case studies
provided representations of urban
populations with a broad range of airrelated exposures due to spatial
gradients in both ambient air Pb levels
and population density. For example,
the highest air concentrations in these
case studies (i.e., those closest to the
standard being assessed) were found in
very small parts of the study areas,
while a large majority of the case study
populations resided in areas with much
lower air concentrations.
Air-related risk estimates for the two
case studies are accompanied by a
number of uncertainties (summarized in
section II.D.3 of the proposal and
described in detail in section 3.4 of the
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PA). Exposure and risk modeling
conducted for this analysis was complex
and subject to significant uncertainties
due to limitations in the data and
models, among other aspects, as
recognized at the time of the last
review.51 The multimedia and
persistent nature of Pb, the role of
multiple exposure pathways, and the
contributions of nonair sources of Pb to
human exposure media all present
challenges and contribute significant
additional complexity to the health risk
assessment that goes far beyond the
situation for similar assessments
typically performed for other NAAQS
pollutants (e.g., that focus only on the
inhalation pathway). Of particular note
among the assessment limitations are
limitations in the assessment design,
data and modeling tools that
handicapped us from sharply separating
Pb linked to ambient air from Pb that is
not air related. The resultant,
approximate, air-related risk bounds,
however, encompass estimates drawn
from the air-related IQ loss evidencebased framework, providing a rough
consistency and general support, as was
the case in the last review (73 FR 67004,
November 12, 2008).
B. Conclusions on the Primary Standard
In drawing conclusions on the
adequacy of the current primary Pb
standard, in view of the advances in
scientific knowledge and additional
information now available, the
Administrator considers the evidence
base, information and policy judgments
that were the foundation of the last
review and reflects upon the body of
evidence and information newly
available in this review. The
Administrator has taken into account
both evidence-based and exposure- and
risk-based considerations, advice from
CASAC and public comment. Evidencebased considerations draw upon the
EPA’s assessment and integrated
synthesis of the scientific evidence from
epidemiological studies and
experimental animal studies evaluating
health effects related to exposures to Pb,
51 As summarized in section II.D.3 of the
proposal, a range of limitations and areas of
uncertainty were associated with the information
available in the last review (PA, sections 3.4.4, 3.4.6
and 3.4.7), and the newly available information in
this review did not substantially reduce any of the
primary sources of uncertainty identified to have
the greatest impact on risk estimates (USEPA,
2011b). Thus, the key observations regarding airrelated Pb risk modeled for the set of standard
levels assessed in the 2007 REA, as well as the risk
estimates interpolated for the current standard, are
not significantly affected by the new information.
Nor is our overall characterization of uncertainty
and variability associated with those estimates (as
summarized above and in sections 3.4.6 and 3.4.7
of the PA).
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with a focus on policy-relevant
considerations as discussed in the PA.
The exposure- and risk-based
considerations draw from the results of
the quantitative analyses presented in
the 2007 REA (augmented as described
in the PA and summarized in section
II.D of the proposal) and consideration
of those results in the PA.
As described in section II.A.2 of the
proposal, consideration of the evidence
and exposure/risk information in the PA
and by the Administrator is framed by
consideration of a series of key policyrelevant questions. Section II.B.1 below
summarizes the rationale for the
Administrator’s proposed decision,
drawing from section II.E.4 of the
proposal. A fuller presentation of PA
considerations and conclusions, and
advice from the CASAC, which were
taken into account by the Administrator,
is provided in sections II.E.1 through
II.E.3 of the proposal. Advice received
from CASAC in this review is briefly
summarized in section II.B.2 below, and
public comments on the proposed
decision are addressed in section II.B.3.
The Administrator’s conclusions in this
review regarding the adequacy of the
current primary standard are described
in section II.B.4.
1. Basis for the Proposed Decision
At the time of the proposal, the
Administrator carefully considered the
assessment of the current evidence and
conclusions reached in the ISA; the
currently available exposure/risk
information, including associated
limitations and uncertainties;
considerations and staff conclusions
and associated rationales presented in
the PA; the advice and
recommendations from CASAC; and
public comments that had been offered
up to that point. In reaching her
proposed conclusion on the primary
standard, the Administrator first took
note of the PA discussion with regard to
the complexity and associated
uncertainties involved in considering
the adequacy of protection in the case
of the primary Pb standard, which
differs substantially from that involved
in consideration of the primary standard
in other NAAQS reviews. For the
pollutants in the other reviews, the
focus is on inhalation as the single route
of exposures, which provides a
relatively simpler context than the
multiple exposure pathways that are
relevant to Pb. Additionally, an
important component of the evidence
base for most other NAAQS pollutants
is the availability of studies that have
investigated an association between
concentrations of the pollutant in
ambient air and the occurrence of health
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effects plausibly related to ambient air
exposure to that pollutant. Such studies
of associations with air concentrations
do not figure prominently in the review
of the NAAQS for Pb. Rather, the
evidence base in this review includes
most prominently epidemiological
studies focused on associations of blood
Pb levels in U.S. populations with
health effects plausibly related to Pb
exposures occurring by multiple
pathways. Support for conclusions
regarding the plausibility for ambient air
Pb to play a role in such findings
derives, in part, from studies linking Pb
in ambient air with the occurrence of
health effects. However, such studies
(dating from the past or from other
countries) involve ambient air Pb
concentrations many times greater than
those that would meet the current
standard. Thus, in considering the
adequacy of the current Pb standard,
rather than considering studies that
have directly investigated current
concentrations of Pb in ambient air
(including in locations where the
current standard is met) and the
occurrence of health effects, we
primarily consider the evidence for, and
risk estimated from, models based upon
key relationships, such as those among
ambient air Pb, Pb exposure, blood Pb
and health effects. This evidence, with
its associated limitations and
uncertainties, contributes to the EPA’s
conclusions regarding a relationship
between ambient air Pb conditions
under the current standard and health
effects.
In considering the nature and
magnitude of the array of uncertainties
that are inherent in the scientific
evidence and analyses, the
Administrator recognized that the
current understanding of the
relationships between the presence of a
pollutant in ambient air and associated
health effects is based on a broad body
of information encompassing not only
more established aspects of the
evidence, but also aspects in which
there may be substantial uncertainty. In
her considerations for the proposal, she
took into account both the wellestablished body of evidence on the
health effects of Pb, which continues to
support identification of neurocognitive
effects in young children as the most
sensitive endpoint associated with Pb
exposure, and of the recognition in the
PA, with which the CASAC concurred,
of increased uncertainty in
characterizing the relationship of effects
on IQ with blood Pb levels below those
represented in the evidence base and
also in projecting the magnitude of
blood Pb response to ambient air Pb
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concentrations at and below the level of
the current standard. In this light, she
based her proposed decision on her
consideration of the current evidence
within the conceptual and quantitative
context of the air-related IQ evidencebased loss framework; the available
information and advice from CASAC
regarding the public health significance
of neurocognitive effects; and the
limitations and uncertainties inherent in
the evidence and its consideration
within this framework. The
Administrator additionally recognized
support from the exposure/risk
information, with its attendant
uncertainties.
In her consideration of the air-related
IQ loss evidence-based framework, the
Administrator took note of the PA
finding, with which the CASAC
concurred, that application of the airrelated IQ loss evidence-based
framework, developed in the last
review, continues to provide a useful
approach for considering and
integrating the evidence on
relationships between Pb in ambient air
and Pb in children’s blood and risks of
neurocognitive effects (for which IQ loss
is used as an indicator). She
additionally took note of the PA finding
(described in section II.E.1 of the
proposal, and with which the CASAC
concurred) that the currently available
evidence base, while somewhat
expanded since the last review, is not
supportive of appreciably different
conclusions with regard to air-to-blood
ratios or C–R functions for
neurocognitive decrements in young
children.
In the Administrator’s consideration
of the level of public health protection
provided by the current standard, she
gave weight to CASAC advice in the last
review (and similar views expressed in
the last review by public health experts,
such as the American Academy of
Pediatrics), which recognized a
population mean IQ loss of 1 to 2 points
to be of public health significance and
recommended that a very high
percentage of the population be
protected from such a magnitude of IQ
loss (73 FR 67000, November 12, 2008).
In so doing, she additionally noted that
the EPA is aware of no new information
or new commonly accepted guidelines
or criteria within the public health
community for interpreting public
health significance of neurocognitive
effects in the context of a decision on
adequacy of the current Pb standard,
and CASAC provided no alternate
advice in this area in the current review
(PA, pp. 4–33 to 4–34). Accordingly,
with the objective identified in the
CASAC advice from the 2008 review in
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mind, the Administrator considered the
role of the air-related IQ loss evidencebased framework in reviewing the level
of protection provided by the current
standard. In so doing, the Administrator
recognized distinctions between
estimates produced by the framework,
for which the conceptual context is a
subset of U.S. children, and specific
quantitative public health policy goals
for air-related IQ loss for the entire U.S.
population of children. She additionally
took note of the PA conclusion on the
size of the population subset that might
pertain to the situation represented by
the framework (areas with elevated air
Pb concentrations equal to the standard
level), as well as uncertainties
associated with the framework
estimates, particularly at successively
lower standard levels. In summary, the
Administrator concluded in the
proposal that the current evidence, as
considered within the conceptual and
quantitative context of the evidencebased framework, and current air
monitoring information indicate that the
current standard provides protection for
young children from neurocognitive
impacts, including IQ loss, consistent
with advice from CASAC regarding IQ
loss of public health significance.
The Administrator based her
proposed conclusions on consideration
of the health effects evidence, including
consideration of this evidence in the
context of the air-related IQ loss
evidence-based framework, and with
support from the exposure/risk
information, recognizing the
uncertainties attendant with both. In so
doing, she took note of the PA
description of the complexities and
limitations in the evidence base
associated with reaching conclusions
regarding the magnitude of risk
associated with the current standard, as
well as the increasing uncertainty of risk
estimates for lower air Pb
concentrations. Inherent in the
Administrator’s proposed conclusions
are public health policy judgments on
the public health implications of the
blood Pb levels and risk estimated for
air-related Pb under the current
standard, including the public health
significance of the Pb effects being
considered, as well as aspects of the use
of the evidence-based framework that
may be considered to contribute to the
margin of safety. These public health
policy judgments include judgments
related to the appropriate degree of
public health protection that should be
afforded to protect against risk of
neurocognitive effects in at-risk
populations, such as IQ loss in young
children, as well as with regard to the
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appropriate weight to be given to
differing aspects of the evidence and the
exposure/risk information, and how to
consider their associated uncertainties.
Based on these considerations and the
judgments summarized here, the
Administrator proposed to conclude
that the current standard provides the
requisite protection of public health
with an adequate margin of safety,
including protection of at-risk
populations, such as young children
living near Pb emissions sources where
ambient concentrations just meet the
standard.
The Administrator’s proposed
conclusion that the current standard
provides the requisite protection and
that a more restrictive standard would
not be requisite additionally recognized
that the uncertainties and limitations
associated with many aspects of the
estimated relationship between air Pb
concentrations and blood Pb levels and
associated health effects are amplified
with consideration of increasingly lower
air concentrations. In reaching her
proposed conclusion, she took note of
the PA conclusion, with which CASAC
has agreed, that based on the current
evidence, there is appreciable
uncertainty associated with drawing
conclusions regarding whether there
would be reductions in blood Pb levels
and risk to public health from
alternative lower levels of the standard
as compared to the level of the current
standard (PA, pp. 4–35 to 4–36; Frey,
2013b, p. 6). The Administrator judged
this uncertainty to be too great for the
current evidence and exposure/risk
information to provide a basis for
revising the current standard. Thus,
based on the public health policy
judgments described above, including
the weight given to uncertainties in the
evidence, the Administrator proposed to
conclude that the current standard
should be retained, without revision.
2. CASAC Advice in This Review
In comments on the draft PA, the
CASAC concurred with staff’s overall
preliminary conclusions that it is
appropriate to consider retaining the
current primary standard without
revision, stating that ‘‘the current
scientific literature does not support a
revision to the Primary Lead (Pb)
National Ambient Air Quality Standard
(NAAQS)’’ (Frey, 2013b, p. 1). The
CASAC further noted that ‘‘[a]lthough
the current review incorporates a
substantial body of new scientific
literature, the new literature does not
justify a revision to the standards’’
(Frey, 2013b, p. 1).
The CASAC comments additionally
indicated agreement with key aspects of
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staff’s consideration of the exposure/risk
information and currently available
evidence in this review (Frey, 2013b,
Consensus Response to Charge
Questions, p. 7).
The use of exposure/risk information from
the previous Pb NAAQS review appears
appropriate given the absence of significant
new information that could fundamentally
change the interpretation of the exposure/risk
information. This interpretation is reasonable
given that information supporting the current
standard is largely unchanged since the
current standard was issued.
The CASAC agrees that the adverse impact
of low levels of Pb exposure on
neurocognitive function and development in
children remains the most sensitive health
endpoint, and that a primary Pb NAAQS
designed to protect against that effect will
offer satisfactory protection against the many
other health impacts associated with Pb
exposure.
The CASAC concurs with the draft PA that
the scientific findings pertaining to air-toblood Pb ratios and the C–R relationships
between blood Pb and childhood IQ
decrements that formed the basis of the
current Pb NAAQS remain valid and are
consistent with current data.
The CASAC concurred with the
appropriateness of the application of the
evidence-based framework from the last
Pb NAAQS review. With regard to the
key inputs to that framework, the
CASAC concluded that ‘‘[t]he new
literature published since the previous
review provides further support for the
health effect conclusions presented in
that review’’ and that the studies newly
available in this review ‘‘do not
fundamentally alter the uncertainties for
air-to-blood ratios or C–R functions for
IQ decrements in young children’’ (Frey,
2013b, Consensus Response to Charge
Questions, p. 6). The comments from
the CASAC also took note of the
uncertainties that remain in this review
which contribute to the uncertainties
associated with drawing conclusions
regarding air-related exposures and
associated health risk at or below the
level of the current standard, stating
agreement with ‘‘the EPA conclusion
that ‘there is appreciable uncertainty
associated with drawing conclusions
regarding whether there would be
reductions in blood Pb levels from
alternative lower levels as compared to
the level of the current standard’’’ (Frey,
2013b, Consensus Response to Charge
Questions, p. 6).
3. Comments on the Proposed Decision
The majority of public comments on
the proposal supported the
Administrator’s proposed decision to
retain the current primary standard,
without revision. This group includes
the National Association of Clean Air
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Agencies (NACAA), both of the state
agencies that submitted comments and
nearly all of the industry organizations
that submitted comments. All of these
commenters generally noted their
agreement with the rationale provided
in the proposal and noted the CASAC’s
concurrence with the EPA conclusion
that the current evidence does not
support revision to the standard. Most
also cited the EPA and CASAC
statements that information newly
available in this review has not
substantially altered our previous
understanding of at-risk populations, C–
R relationships or effects from
exposures lower than what was
previously examined and does not call
into question the adequacy of the
current standard. Some commenters
stated that multimedia or multipathway
aspects of Pb make the review of the
primary standard for Pb subject to
greater uncertainty than reviews of
primary NAAQS for other pollutants
and/or noted greater uncertainty with
consideration of lower blood Pb and
standard levels. Some also noted that
EPA’s task in setting NAAQS is not to
reduce risk to zero but to identify a
standard that is neither more nor less
stringent than necessary. The EPA
generally agrees with these commenters
and with the CASAC regarding the
adequacy of the current primary
standard and the lack of support for
revision of the standard.
Four submissions recommending
revision of the standard were received;
all four advocated a tightening of the
standard. These commenters include
two individuals, a secondary Pb
smelting company, and the Children’s
Health Protection Advisory Committee
to the EPA (CHPAC).52 In support of
their view that the standard should be
revised, all four commenters generally
stated that there is no safe level of Pb
exposure.53 The CHPAC submission, to
52 As described in its charter, the CHPAC is a
policy-oriented committee providing policy advice
to EPA related to the development of regulations,
guidance and policies to address children’s
environmental health, consistent with provisions of
the Federal Advisory Committee Act (https://
www.epa.gov/faca/childrens-health-protectionadvisory-committee-charter-september-11–2015).
The role and scope of activities for the CHPAC
differs from those of the CASAC, which is the
independent scientific review committee fulfilling
the function described in the CAA of reviewing the
air quality criteria and the NAAQS for protection
of public health and welfare and making
recommendations to the Administrator concerning
revisions as may be appropriate (as described in
section 109(d)(2) of the Act and summarized in
section I.A above).
53 In expressing this view, some commenters cited
statements by various government agencies
regarding their interpretation of children’s blood Pb
levels with regard to risk management decisions
based on consideration of the available information
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which the smelting company
submission repeatedly cited, asserted
that a lower standard is needed to
protect children from impacts related to
neurodevelopmental and low
birthweight effects, stating that studies
it cited that have been published since
the cut-off for the ISA indicate effects on
children’s IQ at ‘‘appreciably lower’’ Pb
exposures than those recognized in the
last review and raise concerns regarding
cumulative effects of multiple chemical
exposures. These commenters
additionally cited the PA’s presentation
of the 2007 REA results that included
lower risk estimates for alternative more
stringent standards, stating that
minority and low-income groups are
more greatly impacted by Pb, and that
for these reasons the standard should be
lowered. The CHPAC submission also
suggests consideration of some transient
sources to provide support for a more
stringent standard. Among the reasons
given for their recommendations to
substantially lower the standard level,
the individual commenters variously
stated that not revising or lowering the
standard will allow increases in air Pb
in locations near some sources of Pb
emissions, such as airports, and that the
persistence of Pb indicated the need for
a more stringent standard.
The four commenters that supported
revision of the standard suggested a
wide array of alternatives. The CHPAC
repeated the view it expressed in the
2008 review that the standard should be
revised to the most stringent alternative
analyzed in the 2007 REA (a potential
standard with an averaging time of one
month and a level of 0.02 mg/m3). One
individual commenter expressed a
preference for a standard level of 0.0005
mg/m3. Another individual commenter
urged revision to the lowest feasible
standard, and the smelting company
recommended that EPA adopt an
approach similar to a local air quality
management district’s emissions
standards regulation 54 that requires air
monitoring at large Pb acid battery
recycling metal melting facilities to
meet, by a future date, a 30-day average
in those risk management contexts (e.g., CDC, 2005;
Cal EPA, 2007; NYDHMH, 2010). The scientific
information on health effects of Pb considered by
these agencies was also available and, to the extent
relevant to consideration of the adequacy of the
NAAQS, was assessed in the current and, in some
cases, also the prior review. As discussed below,
the conclusion that a threshold level for
neurocognitive effects has not been identified was
a consideration of the EPA in the last review, and
the current one.
54 This commenter referred to a March 2015
amendment of a California South Coast Air Quality
Management District rule on emission standards for
lead and other toxic air contaminants from large
lead-acid battery recycling facilities in that state air
quality district.
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Pb concentration of 0.1 mg/m3, which
the company indicated its technology
can address.
We agree with commenters that a
threshold level for neurocognitive
effects has not been identified in the
current evidence, as stated in section
II.A.2.c above, and described in more
detail in the ISA. We additionally note
that the lack of an established threshold
of effects is not uncommon among the
criteria pollutant evidence bases. For
example, in past reviews of the primary
standards for ozone and particulate
matter, the EPA has recognized that the
available epidemiological evidence
neither supports nor refutes the
existence of thresholds at the
population level, while noting
uncertainties and limitations in studies
that make discerning thresholds in
populations difficult (e.g., 73 FR 16444,
March 27, 2008; 71 FR 61158, October
17, 2006). The lack of a discernible
threshold of exposure associated with
health effects does not of itself provide
support for revision of an existing
standard or for revision to the most
stringent standard one might identify.
As recognized in section I.A above, the
CAA does not require the Administrator
to establish a primary national ambient
air quality standard at a zero-risk level
or at background concentrations (Lead
Industries v. EPA, 647 F.2d at 1156 n.51;
Mississippi v. EPA, 744 F. 3d at 1351),
but rather at a level that reduces risk
sufficiently so as to protect public
health with an adequate margin of
safety, and the selection of any
particular approach for providing an
adequate margin of safety is a policy
choice left specifically to the
Administrator’s judgment (Lead
Industries Association v. EPA, 647 F.2d
at 1161–62; Mississippi, 744 F. 3d at
1353). The CAA requirement in
establishing a standard is that it be set
at a level of air quality that is requisite,
meaning ‘‘sufficient, but not more than
necessary’’ (Whitman v. American
Trucking Ass’ns, 531 U.S. 457, 473
[2001]).
In the setting of the current standard
in 2008, a key consideration of the
Administrator was the recognition of the
lack of a discernible threshold level in
the evidence with respect to
neurocognitive effects associated with
Pb exposure. This recognition, which
differed from the scientific consensus at
the time the previous standard was set
in 1978, led the Administrator in 2008
to depart from the threshold-based
approach used in setting the 1978
standard and to focus on consideration
of air-related Pb in the context of the airrelated IQ loss evidence-based
framework (described in section II.A.1
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above). In the current review of the 2008
standard, while recognizing the
continued lack of a discernible
threshold of exposure associated with
neurocognitive effects, the CASAC
commented regarding effects at very low
Pb levels when expressing its view that
the scientific evidence does not support
revision to the Pb NAAQS. It stated that
‘‘[a]lthough there is evidence that even
very low Pb levels are related to
measurable reductions in IQ in children,
the extent to which the blood Pb levels
observed in children are linked to
ambient air Pb levels below the current
standard (as opposed to other sources of
Pb in the environment) has not been
established’’ (Frey, 2013b, Consensus
Response to Charge Questions, pp. 7–
8).55
The four submissions recommending
a revised standard variously cite a
number of studies as providing support
for their view. Some of these studies
have been reviewed in the ISA, some
were published too late to be included
in the ISA, and a few others were of a
type that are not generally included in
the ISA (e.g., review articles).56 As
discussed in section I.C above, we have
provisionally considered studies that
were not in the ISA or in previous
AQCDs (‘‘new’’ studies) 57 which some
of these commenters cite in statements
about evidence of effects at low
exposures and in the presence of other
pollutants. We conclude that these
studies are consistent with the scientific
conclusions reached in the ISA,
including those related to blood Pb
levels in studies from which effects on
IQ have been reported and related to coexposure with other metals. Taken in
context, the information from these
studies and these findings do not
materially change any of the broad
scientific conclusions of the ISA
regarding the health effects and
55 The CASAC recognized the multimedia and
legacy aspects of Pb that, unlike the case for other
criteria air pollutants, complicate consideration of
the risks of Pb concentrations in ambient air (Frey,
2013b, p. 1).
56 Some studies cited by commenters are review
articles or government reviews (e.g., Henn et al.,
2014; Grandjean and Landrigan, 2014; Jakubowski,
2011; NTP, 2011), which are not generally cited in
the ISA because the ISA considers the original
studies underlying a review article, rather than a
review’s interpretation of the studies. Further, in
the case of government reviews, such reports
generally review the literature for specific purposes
of those government agencies (which differ from the
focus for the ISA). Many of the scientific studies
reviewed in these reports (as well as the other
reviews), however, were considered relevant to
review of the lead air quality criteria (based on the
description of study selection for inclusion in the
preamble to the ISA), and thus were assessed in this
review.
57 These studies are listed in a memorandum to
the rulemaking docket (Kirrane, 2016).
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exposure pathways of Pb in ambient air
on which the Administrator based her
proposed conclusions as well as her
final conclusions in this review, as
described in section II.B.4 below. We
additionally note that with regard to the
inputs for the air-related IQ loss
evidence-based framework, a key aspect
of the Administrator’s rationale for her
proposed decision to retain the current
primary standard (as described in
section II.E.4 of the proposal), none of
the cited studies indicate a steeper
blood Pb-IQ slope or greater air-to-blood
ratio than those assessed in the ISA and
considered in the PA and the proposal.
We respectfully disagree with the
comment from CHPAC that studies
available since the cut-off date for the
ISA contradict the PA conclusions
regarding blood Pb levels in children
and effects on cognitive function
measures, such as IQ.58 Of the studies
cited in the comment that were
published subsequent to the date for
publication in the ISA, one is an
analysis that relies on data from studies
that were published prior to 2008 and
assessed in the last review (BudtzJorgensen et al., 2013). These data were
the subject of the pooled analysis by
Lanphear et al (2005) which we assessed
in both the last and the current review.
As such, this commenter-cited
publication does not present a new
study of children with lower blood Pb
levels; rather, it reanalyzes existing data
using a different approach for a different
purpose.59 The other two of the
58 The PA recognized the complexity associated
with considering the evidence regarding exposure
levels associated with health effects, and in
particular effects on cognitive function measures,
including IQ, which the evidence base indicates to
be the most sensitive endpoint. The PA observed
that the evidence available in this review is
generally consistent with that available in the last
review with regard to blood Pb levels in young
children at which such effects have been reported.
Noting that blood Pb levels are a reflection of
exposure history, particularly in early childhood,
the PA concludes by extension that the currently
available evidence does not indicate Pb effects at
exposure levels appreciably lower than recognized
in the last review. In so doing, the PA continued
to focus in this review (as in the last review) on the
evidence of effects in young children for which our
understanding of exposure history is less uncertain
(PA, pp. 3–21 to 3–26).
59 This analysis uses the data from the same
studies analyzed by Lanphear et al (2005) to
extrapolate below the blood Pb concentrations
measured in the studies and estimate a 95 percent
lower confidence bound on the estimated blood Pb
concentration associated with a 1 point decrement
in IQ (Budtz-Jorgensen et al., 2013). Unlike the prior
study by Lanphear et al (2005) and similar
epidemiological analyses of IQ and blood Pb, which
are intended to produce a quantitative description
of the change in IQ associated with blood Pb
concentrations in the studied children, this analysis
is focused on estimating a lower bound confidence
limit on the incremental concentration in blood Pb,
as compared to zero, associated with a single point
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commenter-cited publications are
review articles that do not present
information on specific blood Pb levels
associated with IQ effects. Thus, we do
not find these publications to be
contrary to the discussion and
associated conclusions in the PA or to
indicate the current standard to be
inadequate.
We further disagree with the
suggestion in the CHPAC submission
that the evidence related to coexposures to other pollutants, such as
metals, provides a basis for concluding
that the current standard is not
requisite. The ISA assessment of the
strength of the evidence for coexposures to other pollutants, such as
other metals, to contribute to increased
risk of a Pb-related health effects
concluded the evidence to be
suggestive, ‘‘but overall the evidence
was limited’’ (ISA, sections 1.9.6 and
5.4). With regard to the articles cited by
the CHPAC that have been published
subsequent to the ISA, the general
conclusions of these review articles
(Henn et al., 2014; Grandjean and
Landrigan, 2014) are consistent with
conclusions of the ISA. As stated in the
ISA, ‘‘interactions between Pb and coexposure with other metals were
evaluated in recent epidemiologic and
toxicological studies of health effects’’
and ‘‘[h]igh levels of other metals, such
as Cd and Mn, were observed to result
in greater effects for the associations
between Pb and various health
endpoints but evidence was limited due
to the small number of studies’’ (ISA, p.
5–43). We note that even in raising coexposure as a concern, the comments
recognize that the potential for such
impacts is not well understood. Further,
the comments do not explain how the
limited information regarding this factor
supports their conclusion that the
current standard does not provide the
requisite protection or leads to the
specific revisions the comments suggest,
and we find no such support in the
current evidence.
We additionally disagree with the
comment that the currently available
evidence indicates that the current
standard is not protective of effects such
as low birth weight. For example, the
IQ decrement. Even if we were to interpret the
results of the Budtz-Jorgensen et al (2013) analysis
as providing another estimate of C–R function for
IQ decrement based on the pooled dataset from
Lanphear et al (2005), we note that that dataset is
already represented among the four low blood Pb
analyses on which we focused in identifying a slope
estimate for use with the air-related IQ loss
evidence-based framework, and as noted in section
II.B.3 of the proposal, revision or replacement of the
estimate for the pooled dataset has no impact on
conclusions drawn from the framework (80 FR
29295, January 5, 2015).
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CHPAC cites epidemiological studies
reporting associations of maternal or
cord blood Pb concentrations with
reduced fetal growth (Xie et al., 2013;
Nishioka et al., 2014), stating that these
studies strengthen the association of
decreased birth weight and maternal
blood Pb levels. Although we would
agree that these studies present an
addition to the evidence base overall,
they do not provide a basis for change
in the conclusion of the ISA, which
states, ‘‘Some well-conducted
epidemiologic studies report
associations of maternal Pb biomarkers
or cord blood Pb with preterm birth and
low birth weight/fetal growth; however,
the epidemiologic evidence is
inconsistent overall and findings from
experimental animal studies are mixed’’
(ISA, p. 1–18). In citing these studies, in
fact, the CHPAC also stated its view that
the findings of these studies are
consistent with a larger study that was
assessed in the ISA; it did not explain
how these studies support its view that
the current standard provides
inadequate protection from such effects,
and we find no such support.
With regard to information related to
Pb impacts in minority and low-income
populations, which some comments
suggested provided a basis for a more
stringent standard, we note that we have
considered the available information on
such impacts, as recognized in section
II.A.2.d above and summarized more
fully in section II.B.4 of the proposal
and in section 3.3 of the PA. As all of
these documents have recognized, the
ISA identifies non-white populations as
at-risk populations, with this conclusion
based primarily on findings of higher
blood Pb levels in black compared to
white populations (ISA, section 5.4).60
Blood Pb levels have also been found to
be higher in low SES groups as
compared to higher SES 61 (ISA,
60 Recent data suggest that differences in blood Pb
levels between young black and white children is
decreasing over time (ISA, section 5.2.3, 5.4).
Although more recent data are not available by age
group, the CDC data through 2011–2012 indicate
little or no difference between non-Hispanic blacks,
Mexican Americans or all Hispanics and nonHispanic whites at the central tendencies of the
populations and reduced differences at the 95th
percentile (CDC, 2015). Findings of some studies
indicate that non-white populations may be at
greater risk of Pb-related health effects although, as
described in the ISA, this could be related to
confounding by other factors (ISA, sections 5.3.7
and 5.4).
61 As with differences among groups of different
races and ethnicities, ‘‘[t]he gap between SES
groups with respect to Pb body burden appears to
be diminishing,’’ although blood Pb levels continue
to be higher among lower-income children (ISA, p.
1–80, sections 1.9.6, 5.1, 5.2.1.1, 5.2.4 and 5.4),
leading the ISA to conclude that the evidence is
suggestive of SES as a risk factor for Pb-related
health effects (as summarized in section II.A.2.d
above).
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sections 5.3.6, 5.2.4 and 5.4). However,
as noted in the ISA, the number of
studies examining the relationship of
SES with Pb-related health effects is
limited, and the results have differed
with regard to finding increased risk
with higher or lower SES (ISA, Table 5–
1, p. 5–42). The comments generally
identify impacts in minority and low
income groups as a reason EPA should
revise the standard, although they
provide no explanation for how the
currently available information leads to
that conclusion or provides a basis for
the alternative standards the comments
suggest. 62 While our assessment of the
health effects evidence in this review
concluded there was adequate evidence
for race or ethnicity (and suggestive
evidence for SES) to contribute to
increased risk of Pb-related health
effects, we do not find this information
to call into question the adequacy of
protection provided by the current
primary standard. Nor did the CASAC
find this to be the case, based on its
review of the scientific materials in this
review, including three drafts of the ISA
in which the evidence for these factors
was presented. Further, to the extent
such differences may be related to
exposure contributions from air Pb and
proximity to air sources,63 we note that
children that are exposed to air-related
Pb in areas with elevated air Pb
concentrations near or equal to the level
of the standard are among those that
were the focus of the 2008 decision, as
recognized in sections II.A.1 and II.A.2.e
62 In making this statement, these commenters
cite a 1988 study on blood Pb and early childhood
scores on the BSID MDI infant cognitive
development test (Bellinger et al., 1988). The study
found that 18 and 24 month BSID MDI scores of the
‘‘lower’’ SES children were adversely affected at
lower cord blood Pb levels than were scores of the
‘‘higher’’ SES children, finding significantly lower
scores of the lower SES children with cord blood
Pb levels of 6–7 mg/dL as compared to children of
this SES group with cord blood Pb levels less than
3 mg/dL (Bellinger et al., 1988; USEPA, 1990a;
USEPA, 2006). As the study cohort was mostly
middle to upper-middle class, the ‘‘lower’’ SES
group ‘‘refers to [families of SES] less than the
highest SES levels and is probably in fact [of SES
levels] much closer to the median of the U.S.
population than the term suggests’’ (USEPA, 1990a,
p. 53). The ISA considered these study findings in
the context of considering available evidence on
this issue in the current review (ISA, section 5.3.6;
Bellinger et al., 1990). The ISA found that the
available study results are limited, have differed
with regard to finding increased risk with higher or
lower SES and that ‘‘they do not clearly indicate
whether groups with different socioeconomic status
differ in Pb-related changes for cognitive function’’
(ISA, p. 5–34, Table 5–1, p. 5–42).
63 As noted in section I.D above and described in
more detail in the PA and ISA, sources of Pb to
which children are exposed also include consumer
goods, dust or chips of peeling Pb-containing paint
and ingestion of Pb in drinking water conveyed
through Pb pipes, as well as historically deposited
Pb in urban soils (ISA, pp. pp. lxxix to lxxx).
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above, and are the focus of the decision
described in section II.B.4 below to
retain the standard set in 2008.64
With regard to consideration of the
potential for risk reduction from lower
air concentrations, the PA stated that
‘‘the uncertainties and limitations
associated with many aspects of the
estimated relationships between air Pb
concentrations and blood Pb levels and
associated health effects are amplified
with consideration of increasingly lower
air concentrations’’ (PA, p. 4–35).
Contrary to the suggestion by the
CHPAC and the smelter company, the
PA did not conclude that there would
be public health benefits from a lower
standard and that such benefits were not
large enough to warrant revising the
standard. Rather, the PA notes that ‘‘[a]s
recognized at the time of the last review,
exposure and risk modeling conducted
for [the REA] was complex and subject
to significant uncertainties’’ (PA, p. 3–
67) and recognizes ‘‘increasing
uncertainty of risk estimates’’ for air Pb
concentrations below those associated
with the current standard (PA, p. 4–35).
The PA further stated that that ‘‘there is
appreciable uncertainty associated with
drawing conclusions regarding whether
there would be reductions in blood Pb
levels and risk to public health from
alternative lower levels of the standard
as compared to the level of the current
standard’’ (PA, pp. 4–35 to 4–36). The
CASAC stated that it agreed with this
conclusion regarding ‘‘[t]he obvious
uncertainty’’ articulated in the PA,
additionally stating, as noted above, that
‘‘[a]lthough there is evidence that even
64 Additionally, the focus of the air-related IQ loss
evidence-based framework on C–R functions
observed for children with low blood Pb levels
closer to those observed in U.S. children today
reflects evidence-based conclusions from the last
review, affirmed in this review, of a steeper slope
for the C–R relationship at lower as compared to
higher blood Pb levels. As noted in section II.A.2.d
above, while children with higher blood Pb levels
are at greater risk of Pb-related effects than children
with lower blood Pb levels, on an incremental basis
(e.g., per mg/dL) the risk is greater for children at
lower blood Pb levels. The 2008 revision of the
primary Pb standard focused on the incremental
impact of air-related Pb on young children and in
so doing, recognized the greater incremental impact
for those children with lower absolute blood Pb
levels. Accordingly, the decision focused on those
C–R studies involving the lowest blood Pb levels (as
summarized in II.A.1 above). Although the
comment did not indicate how information that
some groups may be generally more highly exposed
to Pb should be used, we note that for the
Administrator to rely on C–R functions from
analyses for higher blood Pb study groups (with a
less steep slope) would lead to consideration of a
higher standard level, and would not provide the
desired protection for the sensitive group of
children with lower blood Pb levels that are
exposed to air-related Pb in areas with air Pb
concentrations at the level of the standard (73 FR
67002–07, November 12, 2008; 80 FR 311–313,
January 5, 2015).
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very low Pb levels are related to
measurable reductions in IQ in children,
the extent to which the blood Pb levels
observed in children are linked to
ambient air Pb levels below the current
standard (as opposed to other sources of
Pb in the environment) has not been
established’’ and, accordingly (as noted
below), that the current information
does not provide support for lowering
the primary standard (Frey, 2013b,
Consensus Response to Charge
Questions, pp. 6–8). These conclusions
from the CASAC and the PA findings
were among the considerations that led
to the Administrator’s proposed
decision (summarized in section II.B.1
above) and her final decision in this
review, as described in section II.B.4
below, that, based on the current
scientific information, including
information regarding at-risk
populations, as well as uncertainties
and limitations associated with the
current information, the current primary
standard provides the requisite
protection of public health with an
adequate margin of safety, including the
health of at-risk populations.
The comment regarding a potential for
increases in air Pb near sources of Pb
emissions if the standard is not revised
does not explain how such a potential
provides support for revising the
standard. The comment also suggests
that EPA consider two alternative
standard levels well below the current
standard level while providing no
explanation of why a revised standard
with either of the suggested levels
would be requisite. With regard to the
potential for increases in air Pb near
sources of Pb emissions if the standard
is not revised, we note that such a
concern, to the extent it applies to the
current standard, would also pertain to
any more stringent Pb standard except
in the extreme case in which the
standard is set such that there is no
location with air quality conditions
better than those that just meet the
standard. As discussed in sections II.B.1
above and II.B.4 below, the
Administrator has considered the
current evidence and exposure/risk
information with regard to the potential
for a revised standard to offer additional
protection, found there to be substantial
uncertainty associated with such a
potential, and concluded that the
current standard is requisite. Regarding
the possibility that air Pb concentrations
could increase in some locations, we
additionally note that the Clean Air Act
and associated EPA permitting
regulations restrict increases in air Pb
concentrations (and in other pollutants
for which there are NAAQS) in various
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circumstances, both in areas already
meeting the NAAQS as well as those in
nonattainment (e.g., New Source Review
regulations at 40 CFR part 51, subpart I,
applicable in attainment and
nonattainment areas; General
Conformity regulations at 40 CFR
93.150–165, applicable in
nonattainment and maintenance areas;
and, the general anti-backsliding
requirements under Section 110(l) of the
Clean Air Act).
Regarding the view expressed by
some commenters that the most
restrictive standard assessed in the 2007
REA should be adopted, 65 or that the
standard level should be revised to a
concentration described in one
comment as the average air Pb
concentration in pristine locations, we
note the greater uncertainty in risk
estimates associated with air quality
scenarios for air Pb concentrations
increasingly below those of current
conditions. Additionally, the PA
described the ‘‘increasing uncertainty
recognized for air quality scenarios
involving air Pb concentrations
increasingly below the current
conditions for each case study,
recognizing that such uncertainty is due
in part to modeling limitations deriving
from uncertainty regarding relationships
between ambient air Pb and outdoor
soil/dust Pb and indoor dust Pb’’ (PA,
4–34). Further, the PA concluded, and
the CASAC agreed, that ‘‘there is
appreciable uncertainty associated with
drawing conclusions regarding whether
there would be reductions in blood Pb
levels from alternative lower levels as
compared to the level of the current
standard’ (Frey, 2013b, Consensus
Response to Charge Questions, p. 6; PA,
p.4–35 to 4–36). The CASAC further
stated that ‘‘there is not justification for
modifying the current standard based on
these data at this time’’ (Frey, 2013b,
Consensus Response to Charge
Questions, p. 8). In reaching her
proposed decision to retain the current
standard, the Administrator took note of
65 The alternative more stringent primary
standard suggested by the CHPAC was the most
stringent assessed in the 2007 REA and included
both a lower level and a shorter averaging time than
those for the current standard. In establishing the
current standard in 2008, the EPA considered these
suggestions regarding level and averaging time,
which were also made by the CHPAC at that time.
The EPA’s considerations with regard to averaging
time in establishing the current standard in 2008
are summarized in section II.E.1 of the proposal and
section 4.1.1.2 of the PA. The comments from the
CHPAC repeat its recommendation from the last
review and do not provide any additional
information or explanation in support of its view
on a revised averaging time. The EPA response to
substantive comments on averaging time in the last
review from the CASAC and the public, including
the CHPAC, is described in the notice of final
decision (73 FR 66991–996, November 12, 2008).
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the PA conclusion and associated
CASAC agreement and additionally
recognized that ‘‘the uncertainties and
limitations associated with the many
aspects of the estimated relationships
between air Pb concentrations and
blood Pb levels and associated health
effects are amplified with consideration
of increasingly lower air
concentrations’’ (80 FR 313). Finally, in
the proposal, as in the final decision
described in section II.B.3 below, the
Administrator judges this uncertainty to
be too great for the current evidence and
exposure/risk information to provide a
basis for revising the current standard.
With regard to comments
recommending consideration of
technological feasibility in judging the
requisiteness of the primary standard,
we note, as we have described in section
I.A above, the EPA may not consider
technological feasibility or attainability
in determining what standard is
requisite to protect public health with
an adequate margin of safety.
Comments on topics less directly
related to consideration of the primary
standard included recommendations for
addressing data gaps and uncertainties
to inform future reviews. Additionally,
one comment focused on pathways by
which Pb may be further distributed in
the environment, recommending use of
a ‘‘more robust [monitoring] network to
adequately estimate children’s lead
exposures from transient and other
sources,’’ emphasizing building
demolition and Pb wheel weights. This
comment also states that the PA
overlooks the contribution from these
and other sources and therefore may
underestimate the number of children
exposed to Pb from transient sources.
Another comment described leaded
aviation gasoline and airports as a
source of Pb emissions but did not
explain how such information was
relevant to the Administrator’s proposed
decision that the current standard
provided the requisite protection and
should be retained without revision.
With regard to the need for research,
the PA highlighted key uncertainties
associated with reviewing and
establishing NAAQS for Pb and areas for
future health-related research, model
development, and data gathering. The
topic areas of key uncertainties, research
questions and data gaps that were
highlighted in the PA with regard to
review of the health-based primary
standard overlap with many raised by
commenters. We encourage research in
these areas, although we note that
research planning and priority setting
are beyond the scope of this action.
With regard to the monitoring
network in place for Pb NAAQS
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surveillance, the current regulations
require air monitors in areas that are
expected to or have been shown to
experience or contribute to exceedance
of the standards. As described in section
I.E above, this includes requirements for
monitors in areas with non-airport
sources emitting 0.5 tpy or where an
airport emits 1.0 or more tpy, based on
either the most recent National
Emissions Inventory or other
scientifically justifiable methods and
data (40 CFR part 58, appendix D,
section 4.5). The establishment of the
source-oriented monitoring requirement
reflects our conclusion that monitoring
should be presumptively required at
sites near sources that have estimated
Pb emissions in exceedance of a Pb
‘‘emissions threshold’’ (73 FR 67025).
This monitoring requirement applies
not only to existing industrial sources of
Pb, but also to fugitive sources of Pb
(e.g., mine tailing piles, closed
industrial facilities) and airports where
leaded aviation gasoline is used.
Additionally, as noted in section I.E
above, to account for other sources that
may contribute to a maximum Pb
concentration in ambient air in excess of
the Pb NAAQS, the monitoring
regulations also grant the EPA Regional
Administrator the authority to require
additional monitoring ‘‘where the
likelihood of Pb air quality violations is
significant or where the emissions
density, topography, or population
locations are complex and varied’’ (40
CFR part 58, appendix D, section 4.5(c)).
In addition to this monitoring
required for Pb NAAQS surveillance,
state or local agencies may site
additional monitors and there are also
particulate matter monitoring networks
that collect Pb data in specific particle
size fractions in many urban areas (40
CFR part 58, appendix D, section 4.5).
Further, as described in section I.E
above,66 monitoring data collected at
NCore sites in large population areas, in
combination with the data for all other
non-source-oriented sites, including
those in urban areas, indicate air Pb
concentrations well below the Pb
NAAQS (as summarized in section I.E
above). Accordingly, we believe that the
current Pb monitoring requirements are
consistent with the currently available
information regarding sources of Pb to
the ambient air and areas with the
potential for exceedance of the Pb
standards. Further, as described below,
the information available regarding the
transient sources mentioned by the
commenters does not indicate the
66 The various air Pb monitoring networks are
summarized in section I.E above and described in
more detail in section 2.2.1 of the PA.
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potential for such transient sources to
result in exceedances of the NAAQS.
As to the comment on the significance
of building demolition or Pb wheel
weights in contributing to
environmental Pb exposure pathways,
the ISA and PA considered the very
limited available data pertaining to
these issues. With regard to building
demolition, for which the data are in
terms of loading of dust containing Pb
on alleys and sidewalks immediately
following an event, the ISA concludes
that the limited data ‘‘suggest that
building demolition may be a short-term
source of Pb in the environment,’’ and
that ‘‘it is unclear if demolition is
related to long-term Pb persistence in
the environment’’ (ISA, p. 2–21).67
Accordingly, we do not interpret the
limited available information, which
does not include measurements of air Pb
concentrations, to indicate a potential
for such occasional activities as
demolition of buildings containing
leaded paint to result in air Pb
concentrations near or in exceedance of
the NAAQS. 68 With regard to the
comment on lead wheel weights, we
note that the commenter states they are
unaware of studies that have assessed
the impact of Pb wheel weights on
childhood blood Pb levels, as are we.
The ISA examined the very limited data
on potential contribution of Pb wheel
weights to Pb near roadways; these data
yield widely varying and uncertain
estimates of associated Pb releases (ISA,
section 2.2.2.6). Contrary to the
commenter’s assertion that the PA
overlooks these potential Pb exposure
pathways, the assessment and
consideration of policy-relevant
information in the PA 69 reflects these
67 Characterization of this activity by the study
published subsequent to the ISA that was cited by
the CHPAC (Jacobs et al., 2013) is consistent with
findings from the limited number of studies
included in the ISA (ISA, p. 2–21).
68 We note that airborne dust release from
demolition of large buildings in some areas may be
regulated under various state and/or local programs
(e.g., demolition activities in some particulate
matter non-attainment or maintenance areas may be
subject to specific state implementation plan
requirements on airborne dust releases).
69 Consistent with the strength and specificity of
information described in the ISA, the PA recognizes
the loss of Pb wheel weights as an additional source
of Pb emissions and notes the potential for
previously deposited Pb to be resuspended into the
air, without providing detailed consideration (PA,
sections 2.1.2.2 and 2.1.2.4). Further, the input for
air-to-blood ratio in the air-related IQ loss evidencebased framework, which the Administrator has
used as a guide in her consideration of the
adequacy of the current standard, does not restrict
sources of Pb from consideration. Thus, such ratios,
which are drawn from empirical studies, would be
expected to reflect all sources contributing to
children’s blood Pb, including the transient sources
identified by commenters to the extent they provide
contributions (ISA, section 3.5; PA, section 3.1; 80
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ISA findings based on consideration of
the current information for these
potential transient pathways.
Specifically, the current information
does not provide support for specific
estimates of exposures associated with
these pathways. Further, data for
monitoring sites near roads find Pb
concentrations well below the NAAQS
(e.g., ISA, Figure 2–20). Thus, we
conclude that the current information
does not provide support for changes to
the current Pb monitoring regulations
with regard to roadways or occasional
activities such as building demolition.
4. Administrator’s Conclusions
Having carefully considered the
public comments, as discussed above,
the Administrator believes that the
fundamental scientific conclusions on
the effects of Pb in ambient air reached
in the ISA and PA, and summarized in
sections II.B and II.C of the proposal,
remain valid. Additionally, the
Administrator believes the judgments
she reached in the proposal (section
II.E.4) with regard to consideration of
the evidence and quantitative exposure/
risk information remain appropriate.
Thus, as described below, the
Administrator concludes that the
current primary standard provides the
requisite protection of public health
with an adequate margin of safety and
should be retained.
In considering the adequacy of the
current primary Pb standard, the
Administrator has carefully considered
the current policy-relevant evidence and
conclusions contained in the ISA; the
evaluation of this evidence and the
exposure/risk information, rationale and
conclusions presented in the PA; the
advice and recommendations from the
CASAC; and public comments. In the
discussion below, the Administrator
gives weight to the PA conclusions,
with which the CASAC has concurred,
as summarized in section II of the
proposal, and takes note of key aspects
of the rationale for those conclusions
that contribute to her decision in this
review.
As an initial matter, the Administrator
recognizes the complexity involved in
considering the adequacy of protection
in the case of the primary Pb standard,
which differs substantially from that
involved in consideration of the health
protection provided by the primary
standards in other NAAQS reviews. For
the pollutants in the other reviews, the
more limited focus solely on the
inhalation pathways of exposure is a
relatively simpler context. Further, as
FR 298–300, January 5, 2015; 73 FR 66973–
66975,67004, November 12, 2008).
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described in the PA and noted in
section II.B.1 above, the influence of
multimedia and historical exposure on
the internal biomarkers in Pb
epidemiological studies contrasts with
the epidemiological studies considered
for other NAAQS pollutants which
focus on generally current
concentrations of those pollutants in
ambient air. While the use of an internal
biomarker strengthens conclusions
regarding Pb as the causal agent in
associations observed in
epidemiological studies, the persistence
of Pb and the role of multimedia and
historical exposures limit the
conclusions that can be drawn regarding
the particular exposure circumstances
eliciting the reported effects. Thus, as
we lack studies that can directly assess
current concentrations of Pb in ambient
air (including in locations where the
current standard is met) and the
occurrence of health effects, we
primarily consider the evidence for, and
risk estimated from, models, based upon
key relationships, such as those among
ambient air Pb, Pb exposure, blood Pb
and health effects. This information
base, both with its strong, longestablished evidence of the health
effects of Pb in young children, and the
associated limitations and uncertainties
mentioned here, contributes to our
conclusions regarding relationships
between ambient air Pb conditions
under the current standard and health
effects.
The Administrator recognizes that in
primary NAAQS reviews, our
understanding of the relationships
between the presence of a pollutant in
ambient air and associated health effects
is based on a broad body of information
encompassing not only more established
aspects of the evidence, but also aspects
in which there may be substantial
uncertainty. In the case of this review of
the primary standard for Pb, she takes
note of the increased uncertainty in
characterizing the relationship of effects
on IQ with blood Pb levels below those
represented in the evidence base and in
projecting the magnitude of blood Pb
response to ambient air Pb
concentrations at and below the level of
the current standard. The PA recognizes
this increased uncertainty, particularly
in light of the multiple factors that play
a role in such a projection (e.g.,
meteorology, atmospheric dispersion
and deposition, human physiology and
behavior), each of which carry attendant
uncertainties. These aspects of the
scientific evidence and analyses, and
the associated uncertainties, collectively
contribute to the Administrator’s
recognition that for Pb, as for other
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pollutants, the available health effects
evidence and associated information
generally reflect a continuum,
consisting of levels at which scientists
generally agree that health effects are
likely to occur, through lower levels at
which the likelihood and magnitude of
the response become increasingly
uncertain.
With regard to the current evidence,
as summarized in the PA and discussed
in detail in the ISA, the Administrator
takes note of the well-established body
of evidence on the health effects of Pb,
which has been augmented in some
aspects since the last review and
continues to support identification of
neurocognitive effects in young children
as the most sensitive endpoint
associated with Pb exposure. For
example, while the ISA continues to
recognize cardiovascular effects in
adults, in addition to
neurodevelopmental effects in children,
as being associated with the lowest
blood Pb levels compared to other
health effects (ISA, pp. xciii), the ISA
also notes uncertainties regarding the
timing, frequency, duration and level of
Pb exposures contributing to the effects
observed in adult epidemiologic studies
and indicates that higher exposures in
the past (rather than lower current
exposures) may contribute to the
development of health effects measured
later in life (ISA, p. lxxxviii). Given the
evidence-based identification of
neurocognitive effects in young children
as the most sensitive endpoint
associated with Pb exposure, the
Administrator has accordingly focused
on nervous system effects in young
children and particularly
neurocognitive effects. In so doing, she
finds that the evidence, while
describing a broad array of health effects
associated with Pb, continues to
indicate that a standard that provides
protection from neurocognitive effects
in young children additionally provides
protection from other health effects of
Pb, such as those reported in adult
populations.
The Administrator takes note of the
PA finding that application of the airrelated IQ loss evidence-based
framework, developed in the last
review, continues to provide a useful
approach for considering and
integrating the evidence on
relationships between Pb in ambient air
and Pb in young children’s blood and
risks of neurocognitive effects (for
which IQ loss is used as an indicator).
In so doing, as in the 2008 review, she
notes that the framework, and the IQ
loss estimates yielded by it for specific
combinations of standard level, air-toblood ratio and C–R function, does not
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provide an evidence- or risk-based
bright line that indicates a single
appropriate level for the standard.
Further, the Administrator recognizes
uncertainties associated with IQ
estimates produced by the framework,
noting the PA conclusion that the
uncertainties increase with estimates
associated with successively lower
standard levels. She additionally takes
note of the PA finding (described in
section II.E.1 of the proposal) that the
currently available evidence base, while
somewhat expanded since the last
review, is not appreciably expanded or
supportive of appreciably different
conclusions with regard to air-to-blood
ratios or C–R functions for
neurocognitive decrements in young
children. The Administrator further
notes the concurrence from the CASAC
on both of these points and the lack of
recommendations in public comments
for a change to either of these inputs to
the evidence-based framework. Thus,
she judges the evidence base and related
air-related IQ loss framework to be an
appropriate tool for informing her
decision on the adequacy of the current
standard.
In light of the continuum referenced
above, the Administrator additionally
recognizes in this review, as in the 2008
review, the role of judgment in reaching
conclusions regarding Pb health effects
that are important from a public health
perspective. Most specifically, the
Administrator has considered the public
health significance of a decrement of a
very small number of IQ points in the
at-risk population of young children, in
light of associated uncertainties. With
regard to making a public health policy
judgment as to the appropriate
protection against risk of air-related IQ
loss and related effects, the
Administrator believes, as did the
Administrator at the time of the last
review, that ideally air-related (as well
as other) exposures to environmental Pb
would be reduced to the point that no
IQ impact in children would occur. She
recognizes, however, that in the case of
setting NAAQS, she is required to make
a judgment as to what degree of
protection is requisite (neither more nor
less than necessary) to protect public
health with an adequate margin of
safety. As described in the proposal
with regard to considering the public
health significance of IQ loss estimates
in young children, the Administrator
gives weight to the comments of the
CASAC and some public commenters in
the last review which recognized a
population mean IQ loss of 1 to 2 points
to be of public health significance and
recommended that a very high
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percentage of the U.S. population be
protected from such a magnitude of IQ
loss (73 FR 67000, November 12, 2008).
She additionally notes that the CASAC
did not provide a different goal in the
present review. The Administrator
additionally notes that the EPA is aware
of no new information or new
commonly accepted guidelines or
criteria within the public health
community for interpreting public
health significance of neurocognitive
effects in the context of a decision on
adequacy of the current Pb standard
(PA, pp. 4–33 to 4–34), and no new
information has been identified by
public commenters.
With the objective identified by the
CASAC in the 2008 review in mind, the
Administrator recognizes, as was
recognized at the time of the last review,
that her judgment on the degree of
protection against IQ impacts that
should be afforded by the primary
standard is particularly focused on
consideration of impacts in the at-risk
population and is not addressing a
specific quantitative public health
policy goal for air-related decrements in
IQ that would be acceptable or
unacceptable for the entire population
of children in the U.S. As in the last
review, the at-risk population to which
she gives particular attention is the
small subset of U.S. children living in
close proximity to air Pb sources that
contribute to elevated air Pb
concentrations that equal the level of
the standard). Accordingly, she is
considering IQ impacts in this small
subset of U.S. children that is expected
to experience air-related Pb exposures at
the high end of the national distribution
of such exposures (as described in
section II.E.4 of the proposal and
summarized in section II.B.1 above),
and not a projection of the average airrelated IQ loss for the entire U.S.
population of children. The evidencebased framework estimates, with which
there are associated uncertainties and
limitations (as described in section
II.A.1 above), relate to this small subset
of children exposed at the level of the
standard. Based on these considerations,
the Administrator judges the conceptual
evidence-based framework to continue
to be appropriate for her consideration
of the public health protection afforded
by the current standard. Further, she
concurs with the PA findings
(summarized in section II.E.1 of the
proposal and briefly outlined in II.B.1
above) that the current evidence, as
considered within the conceptual and
quantitative context of the evidencebased framework, and current air
monitoring information indicate that the
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current standard would be expected to
satisfy the public health policy goal
recommended by the CASAC in the last
Pb NAAQS review, from which it did
not indicate a departure in the present
review.
In the context of the Administrator’s
use of the framework as a tool to inform
her decision on the adequacy of the
current standard, the EPA additionally
notes that the maximum, not to be
exceeded, form of the standard, in
conjunction with the rolling 3-month
averaging time, is expected to result in
the at-risk population of children being
exposed below the level of the standard
most of the time (73 FR 67005,
November 12, 2008). In light of this and
the uncertainty in the relationship
between time period of ambient level,
exposure, and occurrence of a health
effect, the air-related IQ loss considered
for the current standard in applying the
framework should not be interpreted to
mean that a specific level of air-related
IQ loss will occur in fact in areas where
the standard is just met or that such a
loss has been determined as acceptable
if it were to occur. Instead, judgment
regarding such an air-related IQ loss is
one of the judgments that need to be
made in using the evidence-based
framework to provide useful guidance
in the context of public health policy
judgment on the degree of protection
from risk to public health that is
sufficient but not more than necessary,
taking into consideration the patterns of
air quality that would likely occur upon
just meeting the standard and
uncertainties in relating those patterns
to exposures and effects.
In drawing conclusions regarding
adequacy of the current standard based
on considering application of the
evidence-based framework, the
Administrator further recognizes the
degree to which IQ loss estimates drawn
from the air-related IQ loss evidencebased framework reflect mean blood Pb
levels that are below those represented
in the currently available evidence for
young children, as described in section
II.B.4 of the proposal. The
Administrator views such an extension
below the lowest studied levels to be
reasonable given the lack of identified
blood Pb level threshold in the current
evidence base for neurocognitive effects
and the need for the NAAQS to provide
a margin of safety. She additionally
takes note, however, of the PA finding
that the framework IQ loss estimates for
standard levels lower than the current
standard level represent still greater
extrapolations from the current
evidence base with corresponding
increased uncertainty (PA, section 3.2,
pp. 4–32 to 4–33). The Administrator
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also gives weight to the PA conclusion
of greater uncertainty with regard to
relationships between concentrations of
Pb in ambient air and air-related Pb in
children’s blood, and with regard to
estimates of the slope of the C–R
function of neurocognitive impacts (IQ
loss) for application of the framework to
levels below the current standard, given
the weaker linkage with existing
evidence as discussed in the PA (PA,
sections 3.1, 3.2 and 4.2.1). Thus,
consistent with the conceptual
continuum referenced above, the
Administrator recognizes the increasing
uncertainty with regard to likelihood of
response and magnitude of the estimates
at levels extending below the current
standard.
With respect to exposure/risk-based
considerations, as in the last review, the
Administrator notes the complexity of
the REA modeling analyses and the
associated limitations and uncertainties.
Based on consideration of the riskrelated information for conditions just
meeting the current standard, the
Administrator takes note of the
attendant uncertainties, discussed in
detail in the PA (PA, sections 3.4 and
4.2.2), while finding that the
quantitative risk estimates, with a focus
on those for the generalized (local)
urban case study, are roughly consistent
with and generally supportive of
estimates from the air-related IQ loss
evidence-based framework. She further
takes note of the PA finding of
increasing uncertainty for air quality
scenarios involving air Pb
concentrations increasingly below the
current conditions for each case study,
due in part to modeling limitations that
derive from uncertainty regarding
relationships between ambient air Pb
and outdoor soil/dust Pb and indoor
dust Pb (PA, sections 3.4.3.1 and 3.4.7).
Based on the above evidence- and
exposure/risk-based considerations and
with consideration of advice from
CASAC and public comment, the
Administrator concludes that the
current standard provides protection for
young children from neurocognitive
impacts, including IQ loss, that is
consistent with advice from CASAC
regarding IQ loss of public health
significance. Based on consideration of
the evidence and exposure/risk
information available in this review
with its attendant uncertainties and
limitations, and information that might
inform public health policy judgments,
as well as advice from CASAC,
including its concurrence with the PA
conclusions that revision of the primary
Pb standard is not warranted at this
time, the Administrator further
concludes that it is appropriate to retain
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the current standard without revision.
The Administrator bases these
conclusions on consideration of the
health effects evidence, including
consideration of this evidence in the
context of the air-related IQ loss
evidence-based framework, and with
support from the exposure/risk
information, recognizing the
uncertainties attendant with both. In so
doing, she takes note of the PA
description of the complexities and
limitations in the evidence base
associated with reaching conclusions
regarding the magnitude of risk
associated with the current standard, as
well as the increasing uncertainty of risk
estimates for lower air Pb
concentrations. Inherent in the
Administrator’s conclusions are public
health policy judgments on the public
health implications of the blood Pb
levels and risk estimated for air-related
Pb under the current standard,
including the public health significance
of the Pb effects being considered, as
well as aspects of the use of the
evidence-based framework that may be
considered to contribute to the margin
of safety (as noted in section II.A.1
above and the 2008 decision preamble
to the final rule, 73 FR 67007, November
12, 2008). These public health policy
judgments include judgments related to
the appropriate degree of public health
protection that should be afforded to
protect against risk of neurocognitive
effects in at-risk populations, such as IQ
loss in young children, as well as the
appropriate weight to be given to
differing aspects of the evidence and
exposure/risk information, and how to
consider their associated uncertainties.
Based on these considerations and the
judgments identified here, the
Administrator concludes that the
current standard provides the requisite
protection of public health with an
adequate margin of safety, including
protection of at-risk populations, such
as, in particular, young children living
near Pb emissions sources where
ambient concentrations just meet the
standard.
In reaching this conclusion with
regard to the adequacy of public health
protection afforded by the existing
primary standard, the Administrator
recognizes that in establishing primary
standards under the Act that are
requisite to protect public health with
an adequate margin of safety, she is
seeking to establish standards that are
neither more nor less stringent than
necessary for this purpose. The Act does
not require that primary standards be set
at a zero-risk level, but rather at a level
that avoids unacceptable risks to public
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health, even if the risk is not precisely
identified as to nature or degree. The
CAA requirement that primary
standards provide an adequate margin
of safety was intended to address
uncertainties associated with
inconclusive scientific and technical
information available at the time of
standard setting, as described in section
I.A above. This requirement was also
intended to provide a reasonable degree
of protection from hazards that research
has not yet identified.
In this context, the Administrator has
considered conclusions drawn in the
ISA and PA with regard to
interpretation of the information
concerning the broader array of health
effects of Pb beyond those on the
nervous system of young children.
Based on the body of evidence in
support of identification of
neurocognitive effects in young children
as the most sensitive endpoint
associated with Pb exposure, as noted
previously in this section and briefly
summarized in section II.A.2 above, she
judges that a standard providing
protection from such effects
additionally provides adequate
protection against the risk of other
health effects and she further concludes
that consideration of the more limited
and less certain information concerning
Pb exposures associated with such other
effects does not lead her to identify a
need for any greater protection.
Further, the Administrator’s
conclusion that the current standard
provides the requisite protection and
that a more restrictive standard would
not be requisite additionally recognizes
that the uncertainties and limitations
associated with the many aspects of the
estimated relationships between air Pb
concentrations and blood Pb levels and
associated health effects are amplified
with consideration of increasingly lower
air concentrations. In reaching this
conclusion, she additionally takes note
of the PA conclusion, with which the
CASAC has agreed, that based on the
current evidence, there is appreciable
uncertainty associated with drawing
conclusions regarding whether there
would be reductions in blood Pb levels
and risk to public health from
alternative lower levels of the standard
as compared to the level of the current
standard (PA, pp. 4–35 to 4–36; Frey,
2013b, Consensus Response to Charge
Questions, p. 6). The Administrator
judges this uncertainty to be too great
for the current evidence and exposure/
risk information to provide a basis for
revising the current standard. Thus,
based on the public health policy
judgments described above, including
the weight given to uncertainties in the
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evidence, the Administrator concludes
that the current standard should be
retained, without revision.
C. Decision on the Primary Standard
For the reasons discussed above, and
taking into account information and
assessments presented in the ISA and
PA, the advice from CASAC, and
consideration of public comments, the
Administrator concludes that the
current primary standard for Pb is
requisite to protect public health with
an adequate margin of safety, including
the health of at-risk populations, and is
retaining the standard without revision.
III. Rationale for Decision on the
Secondary Standard
This section presents the rationale for
the Administrator’s decision to retain
the existing secondary Pb standard,
which, as discussed more fully below, is
based on a thorough review in the ISA
of the latest scientific information,
generally published through September
2011, on welfare effects associated with
Pb and pertaining to the presence of Pb
in the ambient air. This decision also
takes into account (1) the PA’s staff
assessments of the most policy-relevant
information in the ISA and staff
analyses of potential ecological
exposures and risk, upon which staff
conclusions regarding appropriate
considerations in this review are based;
(2) the CASAC advice and
recommendations, as reflected in
discussions of drafts of the ISA and PA
at public meetings, in separate written
comments, and in the CASAC’s letters
to the Administrator; (3) public
comments received during the
development of these documents, either
in connection with CASAC meetings or
separately; and (4) public comments on
the proposal.
Section III.A provides background on
the general approach for the review of
the secondary NAAQS for Pb and brief
summaries of key aspects of the current
body of evidence on welfare effects
associated with Pb exposures and the
exposure/risk information considered in
this review. Section III.B summarizes
the basis for the proposed decision and
advice from the CASAC, addresses
public comments and presents the
conclusions the Administrator has
drawn from a full consideration of the
information. Section III.C summarizes
the Administrator’s decision on the
secondary standard.
A. Introduction
As provided in the Act, the secondary
standard is to ‘‘specify a level of air
quality the attainment and maintenance
of which in the judgment of the
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Administrator . . . is requisite to
protect the public welfare from any
known or anticipated adverse effects
associated with the presence of the
pollutant in the ambient air’’ (CAA,
section 109(b)(2)). The secondary
standard is not meant to protect against
all known or anticipated Pb-related
effects, but rather those that are judged
to be adverse to the public welfare, and
a bright-line determination of adversity
is not required in judging what is
requisite (78 FR 3212, January 15, 2013;
80 FR 65376, October 26, 2015). Thus,
the level of protection from known or
anticipated adverse effects to public
welfare that is requisite for the
secondary standard is a public welfare
policy judgment to be made by the
Administrator. In exercising that
judgment, the Administrator seeks to
establish standards that are neither more
nor less stringent than necessary for this
purpose. This section presents the
rationale for the Administrator’s
decision to retain the existing secondary
NAAQS for Pb, without revision. The
Administrator’s decision draws upon
scientific information and analyses
about welfare effects, exposure and
risks, as well as judgments about the
range of uncertainties that are inherent
in the scientific evidence and analyses.
This approach is consistent with the
requirements of the NAAQS provisions
of the Act.
In the last review, completed in 2008,
the current secondary standard for Pb
was revised substantially, consistent
with the revision to the primary
standard (73 FR 66964, November 12,
2008). The 2008 decision considered the
body of evidence as assessed in the 2006
CD (USEPA, 2006a) as well as the 2007
Staff Paper assessment of the policyrelevant information contained in the
2006 CD and the screening-level
ecological risk assessment (2006 REA;
USEPA, 2007b), the advice and
recommendations of CASAC
(Henderson 2007a, 2007b, 2008a,
2008b), and public comment. At that
time, the Staff Paper concluded, based
on laboratory studies and current media
concentrations in a wide range of
locations, that it seemed likely that
adverse effects were occurring from
ambient air-related Pb, particularly near
point sources, under the then-current
standard (73 FR 67010, November 12,
2008). Given the limited data on Pb
effects in ecosystems, and associated
uncertainties, such as those with regard
to factors such as the presence of
multiple metals and historic
environmental burdens, the EPA also
considered the evidence of Pb effects on
organisms with regard to implications
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for ecosystem effects. Taking into
account the available evidence and
information on media concentrations in
a wide range of locations, the
Administrator concluded that there was
potential for adverse effects occurring
under the then-current standard;
however there were insufficient data to
provide a quantitative basis for setting a
secondary standard different from the
primary (73 FR 67011, November 12,
2008). Therefore, citing a general lack of
data that would indicate the appropriate
level of Pb in environmental media that
may be associated with adverse effects,
as well as the comments of the CASAC
Pb panel that a significant change to
current air concentrations (e.g., via a
significant change to the standard) was
likely to have significant beneficial
effects on the magnitude of Pb
exposures in the environment, the EPA
revised the secondary standard
substantially, consistent with revisions
made to the primary standard (73 FR
67011, November 12, 2008).
Building on the approach and
findings in the last review, this current
review of the secondary standard
considers the currently available
scientific and technical information in
the context of key policy-relevant
questions. This review focuses on the
consideration of the extent to which the
body of scientific evidence now
available calls into question the
adequacy of the current standard. In
considering the scientific and technical
information, we draw on the ecological
effects evidence presented in detail in
the ISA and aspects summarized in the
PA, along with the information
associated with the screening-level risk
assessment also in the PA. Thus, we
have taken into account both evidencebased and risk-based considerations
pertaining to the series of policyrelevant questions presented in the PA.
These questions generally address the
extent to which we are able to
characterize effects and the likelihood of
adverse effects in the environment
under the current standard. Our
approach to considering this
information recognizes that the
available welfare effects evidence
generally reflects laboratory-based
evidence of toxicological effects on
specific organisms exposed to
concentrations of Pb (ISA, section 6.5).
Additionally, it is widely recognized
that environmental exposures from
atmospherically derived Pb are likely to
be lower than those commonly assessed
in laboratory studies and that studies of
exposures similar to those in the
environment are often accompanied by
significant confounding and modifying
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factors (e.g., other metals, acidification),
increasing our uncertainty about the
likelihood and magnitude of organism
and ecosystem responses (ISA, Section
6.5).
1. Overview of Welfare Effects
Information
Welfare effects include, but are not
limited to, ‘‘effects on soils, water,
crops, vegetation, man-made materials,
animals, wildlife, weather, visibility and
climate, damage to and deterioration of
property, and hazards to transportation,
as well as effects on economic values
and on personal comfort and wellbeing’’
(CAA, section 302(h)). In this section,
we provide an overview of the key
aspects of the current evidence of Pbrelated welfare effects that is assessed in
the ISA and the 2006 CD, drawing from
the summary of policy-relevant aspects
in the PA (PA, section 5.1) and section
III.B of the proposed rulemaking (80 FR
314–317, January 5, 2015).
Lead has been demonstrated to have
harmful effects on reproduction and
development, growth, and survival in
many species as described in the
assessment of the evidence available in
this review and consistent with the
conclusions drawn in the last review
(ISA, section 1.7; 2006 CD, sections
7.1.5 and 7.2.5). A number of studies on
ecological effects of Pb are newly
available in this review and are
critically assessed in the ISA as part of
the full body of evidence. The full body
of currently available evidence reaffirms
conclusions on the array of effects
recognized for Pb in the last review
(ISA, section 1.7). In so doing, in the
context of pollutant exposures
considered relevant the ISA
determines 70 that causal 71 or likely
causal 72 relationships exist at the
individual and population level in both
70 Since the last Pb NAAQS review, the ISAs,
which have replaced CDs in documenting each
review of the scientific evidence (or air quality
criteria), employ a systematic framework for
weighing the evidence and describing associated
conclusions with regard to causality, using
established descriptors: ‘‘causal’’ relationship with
relevant exposure, ‘‘likely’’ to be a causal
relationship, evidence is ‘‘suggestive’’ of a causal
relationship, ‘‘inadequate’’ evidence to infer a
causal relationship, and ‘‘not likely’’ to be a causal
relationship (ISA, Preamble).
71 In determining that a causal relationship exists
for Pb with specific ecological or welfare effects, the
EPA has concluded that ‘‘[e]vidence is sufficient to
conclude that there is a causal relationship with
relevant pollutant exposures (i.e., doses or
exposures generally within one to two orders of
magnitude of current levels)’’ (ISA, p. lxii).
72 In determining a likely causal relationship
exists for Pb with specific ecological or welfare
effects, the EPA has concluded that ‘‘[e]vidence is
sufficient to conclude that there is a likely causal
association with relevant pollutant exposures . . .
but uncertainties remain’’ (ISA, p. lxii).
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freshwater and terrestrial ecosystems for
Pb with effects on reproduction and
development in vertebrates and
invertebrates; growth in plants and
invertebrates; and survival in
vertebrates and invertebrates (ISA, Table
1–3). With regard to saltwater
ecosystems, the ISA concludes that the
current evidence is inadequate to make
causality determinations for most
effects, while finding the evidence to be
suggestive of a linkage between Pb and
effects on reproduction and
development in marine invertebrates
(ISA, Table 1–3, sections 6.3.12 and
6.4.21). In drawing judgments regarding
causality for the criteria air pollutants,
the ISA places emphasis on ‘‘evidence
of effects at doses (e.g., blood Pb
concentration) or exposures (e.g., air
concentrations) that are relevant to, or
somewhat above, those currently
experienced by the population.’’ The
ISA notes that the ‘‘extent to which
studies of higher concentrations are
considered varies . . . but generally
includes those with doses or exposures
in the range of one to two orders of
magnitude above current or ambient
conditions.’’ Studies ‘‘that use higher
doses or exposures may also be
considered . . . [t]hus, a causality
determination is based on weight of
evidence evaluation for health,
ecological or welfare effects, focusing on
the evidence from exposures or doses
generally ranging from current levels to
one or two orders of magnitude above
current levels’’ (ISA, pp. lx to lxi).
Although considerable uncertainties are
recognized in generalizing effects
observed under particular, small-scale
conditions, up to the ecosystem level of
biological organization, the ISA also
determines that a causal relationship is
also likely at higher levels of biological
organization between Pb exposures and
community and ecosystem-level effects
in freshwater and terrestrial systems
(ISA, section 1.7.3.7).
As in prior reviews of the Pb NAAQS,
this review is focused on those effects
most pertinent to ambient air Pb
exposures. Given the reductions in
ambient air Pb concentrations over the
past decades, these effects are generally
those associated with the lowest levels
of Pb exposure that have been
evaluated. Additionally, we recognize
the limitations on our ability to draw
conclusions about environmental
exposures from ecological studies of
organism-level effects, as most studies
were conducted in laboratory settings
which may not accurately represent
field conditions or the multiple
variables that govern exposure.
The relationship between ambient air
Pb and ecosystem response is important
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in making the connection between
current emissions of Pb and the
potential for adverse ecological effects.
The limitations in the data available on
this subject for the last review were
significant. There is no new evidence
since the last review that substantially
improves our understanding of the
relationship between ambient air Pb and
measurable ecological effects. As stated
in the last review, the role of ambient air
Pb in contributing to ecosystem Pb has
been declining over the past several
decades. It remains difficult to
apportion exposure between air and
other sources to inform our
understanding of the potential for
ecosystem effects that might be
associated with air emissions (ISA,
section 6.4). Further, considerable
uncertainties also remain in drawing
conclusions from effects evidence
observed under laboratory conditions
with regard to effects expected at the
ecosystem level in the environment
(ISA, section 6.5). In summary, the ISA
concludes that ‘‘[r]ecent information
available since the 2006 Pb AQCD,
includes additional field studies in both
terrestrial and aquatic ecosystems, but
the connection between air
concentration and ecosystem exposure
continues to be poorly characterized for
Pb and the contribution of atmospheric
Pb to specific sites is not clear’’ (ISA,
section 6.5).
The bioavailability of Pb is also an
important component of understanding
the effects Pb is likely to have on
organisms and ecosystems (ISA, section
6.3.3, 6.4.4 and 6.4.14). It is the amount
of Pb that can interact within the
organism that can lead to toxicity, and
there are many factors which govern
this interaction (ISA, sections 6.2.1 and
6.3.3). The bioavailability of metals
varies widely depending on the
physical, chemical, and biological
conditions under which an organism is
exposed (ISA, section 6.3.3). Studies
newly available since the last Pb
NAAQS review provide additional
insight into factors that influence the
bioavailability of Pb to specific
organisms (ISA, section 6.3.3). On the
whole, the current evidence, including
that newly available in this review,
supports previous conclusions regarding
environmental conditions affecting
bioavailability and the associated
potential for adverse effects of Pb on
organisms and ecosystems (ISA, section
6.3.3). Looking beyond organism-level
evidence, the evidence of adversity in
natural systems remains sparse due to
the difficulty in determining the effects
of confounding factors such as cooccurring metals or system
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characteristics that influence
bioavailability of Pb in field studies. As
summarized in the ISA, ‘‘in natural
environments, modifying factors affect
Pb bioavailability and toxicity and there
are considerable uncertainties
associated with generalizing effects
observed in controlled studies to effects
at higher levels of biological
organization’’ and ‘‘[f]urthermore,
available studies on community and
ecosystem-level effects are usually from
contaminated areas where Pb
concentrations are much higher than
typically encountered in the
environment’’ (ISA, p. xcvi).
There is no new evidence since the
last review that substantially improves
our understanding of the relationship
between ambient air Pb and measurable
ecological effects beyond what was
understood in the last review. As stated
in the last review, the role of ambient air
Pb in contributing to ecosystem Pb has
been declining over the past several
decades. It remains difficult to
apportion exposure between air and
other sources to better inform our
understanding of the potential for
ecosystem effects that might be
associated with air emissions. As noted
in the ISA, ‘‘[t]he amount of Pb in
ecosystems is a result of a number of
inputs and it is not currently possible to
determine the contribution of
atmospherically-derived Pb from total
Pb in terrestrial, freshwater or saltwater
systems’’ (ISA, section 6.5). Further,
considerable uncertainties also remain
in drawing conclusions from evidence
of effects observed under laboratory
conditions with regard to effects
expected at the ecosystem level in the
environment. In many cases it is
difficult to characterize the nature and
magnitude of effects and to quantify
relationships between ambient
concentrations of Pb and ecosystem
response due to the existence of
multiple stressors, variability in field
conditions, and differences in Pb
bioavailability at that level of
organization (ISA, section 6.5). In
summary, the ISA concludes that
‘‘[r]ecent information available since the
2006 Pb AQCD, includes additional
field studies in both terrestrial and
aquatic ecosystems, but the connection
between air concentration and
ecosystem exposure continues to be
poorly characterized for Pb and the
contribution of atmospheric Pb to
specific sites is not clear’’ (ISA, section
6.5).
2. Overview of Risk Assessment
Information
The risk assessment information
available in this review and summarized
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here is based on the screening-level risk
assessment performed for the last
review, described in the 2006 REA, 2007
Staff Paper and 2008 notice of final
decision (73 FR 66964, November 12,
2008), as considered in the context of
the evidence newly available in this
review (PA, section 5.2). Careful
consideration of the information newly
available in this review, with regard to
designing and implementing a full REA
for this review, led us to conclude that
performance of a new REA for this
review was not warranted (REA
Planning Document, section 3.3). The
CASAC Pb Review Panel generally
concurred with the conclusion that a
new REA was not warranted for the
secondary standard in this review (Frey,
2011b). Accordingly, the exposure/risk
information considered in this review is
drawn primarily from the 2006 REA as
summarized in the PA, section 5.2 and
Appendix 5A; REA Planning Document,
section 3.1.
The 2006 screening-level assessment
focused on estimating the potential for
ecological risks associated with
ecosystem exposures to Pb emitted into
ambient air (PA, section 5.2; 2006 REA,
section 7). Both a national-scale screen
and a case study approach were used to
evaluate the potential for ecological
impacts that might be associated with
atmospheric deposition of Pb (2006
REA, section 7.1.2). Detailed
descriptions of the location-specific case
studies and the national screening
assessment, key findings of the risk
assessment for each, and an
interpretation of the results with regard
to past air quality conditions are
presented in the 2006 REA. This
information, which is outlined below, is
summarized more fully in section 5.2 of
the PA and section III.C of the proposal
for this review (80 FR 317–319, January
5, 2015).
In interpreting the results from the
2006 REA, the PA considers the
availability of new evidence that may
inform interpretation of risk under the
now-current standard (PA, section 5.2).
Factors that could alter our
interpretation of risk would include
new evidence of harm at lower
concentrations of Pb, new linkages that
enable us to draw more explicit
conclusions as to the air contribution of
environmental exposures, and new
methods of interpreting confounding
factors that were largely uncontrolled in
the previous risk assessment. In general,
however, such new evidence is limited,
and the key uncertainties identified in
the last review remain today. For
example, with regard to new evidence of
Pb effects at lower concentrations, it is
necessary to consider that the evidence
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of adversity in natural systems due
specifically to Pb is limited, in no small
part because of the difficulty in
determining the effects of confounding
factors such as multiple metals and
modifying factors influencing
bioavailability in field studies, as noted
in section III.A.1 above. Modeling of Pbrelated exposure and risk to ecological
receptors is subject to a wide array of
sources of both variability and
uncertainty resulting in differences in
Pb bioavailability as well as exposure
(USEPA, 2005b). Additionally, there are
also significant difficulties in
quantifying the role of air emissions
under the current standard, which is
significantly lower than the previous
standard. As recognized in the PA, Pb
deposited before the standard was
enacted remains in soils and sediments,
complicating interpretations regarding
the impact of the current standard (PA,
section 1.3.2). For example, media in
ecosystems across the U.S. are still
recovering from the past period of
greater atmospheric emissions and
deposition, as well as from Pb derived
from nonair sources (PA, section 1.3.2).
As summarized in the PA and
proposal, we have considered what the
risk information from the 2006 REA
analyses indicates regarding the
potential for adverse welfare effects to
result from levels of air-related Pb that
would meet the now-current standard.
The circumstances assessed in all but
one of the case study locations,
however, likely include a history of
ambient air Pb concentrations that
exceeded the NAAQS. Consequently,
these analyses are not considered
informative for predicting effects at the
far lower concentrations associated with
the current NAAQS. The nationwide
surface water screen was likewise not
particularly informative because
potential confounding by both nonair
inputs and resuspension of Pb related to
historic sources was not easily
accounted for. The remaining case study
was a site remote from Pb sources for
which atmospheric deposition was
expected to be the primary contributor
to media Pb concentrations without
obvious confounding inputs. This case
study, based on a summary review of
published findings for the study site,
concluded that atmospheric Pb inputs
do not directly affect stream Pb levels
because deposited Pb is almost entirely
retained in the soil profile, with the soil
serving as a Pb sink, appreciably
reducing pore water Pb concentrations
as it moves through the soil layers to
streams. As a result, this case study (and
the publications on which it was based)
concluded that the contribution of
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dissolved Pb from soils to streams was
insignificant (2006 REA, Appendix E).
Additionally, we note that the 2006 CD,
in considering the findings for this site
and other terrestrial sites with Pb
burdens derived primarily from longrange atmospheric transport, found that
‘‘[d]espite years of elevated atmospheric
Pb inputs and elevated concentrations
in soils, there is little evidence that sites
affected primarily by long-range Pb
transport have experienced significant
effects on ecosystem structure or
function’’ (2006 CD, p. AX7–98). The
PA and proposal concluded that this
information suggests that the now-lower
ambient air concentrations associated
with meeting the current standard
would not be expected to directly
impact stream Pb levels (PA, p. 6–10; 80
FR 319, January 5, 2015).
C. Conclusions on the Secondary
Standard
1. Basis for the Proposed Decision
The basis for the proposed decision,
which is described in section III.D of the
proposal, is very briefly summarized
here. In considering the welfare effects
evidence and risk-based information
with respect to the adequacy of the
current secondary standard, the
Administrator considered the array of
evidence newly assessed in the ISA
with regard to the degree to which this
evidence supports conclusions about
the effects of Pb in the environment that
were drawn in the last review and the
extent to which it reduces previously
recognized areas of uncertainty. Further,
she considered the current evidence and
associated conclusions about the
potential for effects to occur as a result
of the much lower ambient Pb
concentrations allowed by the current
secondary standard (set in 2008) than
those allowed by the prior standard,
which was the focus of the last review.
These considerations informed the
Administrator’s proposed decision to
retain the current standard.
With regard to the evidence, the
proposal noted there is very limited
evidence to relate specific ecosystem
effects with current ambient air
concentrations of Pb through deposition
to terrestrial and aquatic ecosystems and
subsequent movement of deposited Pb
through the environment (e.g., soil,
sediment, water, organisms). The
potential for ecosystem effects of Pb
from atmospheric sources under
conditions meeting the current standard
is difficult to assess due to limitations
on the availability of information to
fully characterize the distribution of Pb
from the atmosphere into ecosystems
over the long term, as well as limitations
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on information on the bioavailability of
atmospherically deposited Pb (as
affected by the specific characteristics of
the receiving ecosystem). Therefore,
while there are newly available field
studies in this review, ‘‘the connection
between air concentration and
ecosystem exposure and associated
potential for welfare effects continues to
be poorly characterized for Pb’’ (ISA,
section 6.4). Such a connection is even
harder to characterize with respect to
the current standard than it was in the
last review with respect to the previous,
much higher standard.
With regard to the currently available
risk and exposure information, which
continues to be sufficient to conclude
that the 1978 standard was not
providing adequate protection to
ecosystems, the proposal concluded
that, when considered with regard to
air-related ecosystem exposures likely to
occur with air Pb levels that just meet
the now-current standard, this current
information also does not provide
evidence of adverse effects under the
current standard. Accordingly, in
consideration of the risk information in
combination with the current evidence
and the associated data gaps and
uncertainties, the Administrator
proposed that the current standards be
retained, without revision.
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2. CASAC Advice in This Review
In its review of the draft PA, the
CASAC agreed with staff’s preliminary
conclusions that the available
information since the last review is not
sufficient to warrant revision to the
secondary standard (Frey, 2013b). On
this subject, the CASAC letter said that
‘‘[o]verall, the CASAC concurs with the
EPA that the current scientific literature
does not support a revision to the . . .
Secondary Pb NAAQS’’ (Frey, 2013b, p.
1). It additionally stated that ‘‘[g]iven
the existing scientific data, the CASAC
concurs with retaining the current
secondary standard without revision’’
(Frey, 2013b, p. 2). The CASAC
additionally noted areas for additional
research to address data gaps and
uncertainties (Frey, 2013b, p. 2).
3. Comments on the Proposed Decision
All of the public comments on the
proposed decision to retain the current
secondary standard, without revision,
indicated support. These commenters
include the NACAA, as well as both of
the state agencies and nearly all of the
industry organizations that submitted
comments. Only a small subset of this
group provided rationales for their
concurrence with EPA’s proposed
decision. These commenters
emphasized limitations and
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uncertainties in the welfare effects
evidence, including particularly those
with regard to relationships between
ambient air Pb concentrations, levels of
deposition, ecosystem exposures, and
adverse public welfare effects. One
commenter also noted the CASAC’s
concurrence with the EPA conclusion
that the current evidence does not
support revision to the standard, and
that information newly available in this
review does not substantially improve
our understanding in the identified
areas of uncertainty or that would
indicate that the current standard is
inadequate. The EPA generally agrees
with these commenters and with the
CASAC regarding the adequacy of the
current secondary standard and the lack
of support for revision of the standard.
4. Administrator’s Conclusions
Based on the evidence and risk
assessment information that is available
in this review concerning the ecological
effects and potential public welfare
impacts of Pb emitted into ambient air,
the Administrator concludes that the
current secondary standard provides the
requisite protection of public welfare
from adverse effects and should be
retained. In considering the adequacy of
the current standard, the Administrator
has considered the assessment of the
available evidence and conclusions
contained in the ISA; the staff
assessment of and conclusions regarding
the policy-relevant technical
information, including screening-level
risk information, presented in the PA;
the advice and recommendations from
CASAC; and public comments. In
reaching her decision, the Administrator
gives weight to the PA conclusions,
with which CASAC has concurred, and
takes note of key aspects of the rationale
presented for those conclusions which
contribute to her decision.
As she did in reaching her proposed
decision, the Administrator notes that
the body of evidence on the ecological
effects of Pb, expanded in some aspects
since the last review, continues to
support identification of ecological
effects in organisms relating to growth,
reproduction, and survival as the most
relevant endpoints associated with Pb
exposure. In consideration of the
appreciable influence of site-specific
environmental characteristics on the
bioavailability and toxicity of
environmental Pb in our assessment,
there is a lack of studies conducted
under conditions closely reflecting the
natural environment. The currently
available evidence, while somewhat
expanded since the last review, does not
include evidence of significant effects at
lower concentrations or evidence of
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higher-level ecosystem effects beyond
those reported in the last review. There
continue to be significant difficulties in
relating effects evidence from laboratory
studies to the natural environment and
linking those effects to ambient air Pb
concentrations. Further, as the proposal
and the PA note, the EPA is aware of no
new critical loads information that
would inform our interpretation of the
public welfare significance of the effects
of Pb in various U.S. ecosystems (PA,
section 5.1). In summary, while new
research has added to the understanding
of Pb biogeochemistry and expanded the
list of organisms for which Pb effects
have been described, there remains a
significant lack of knowledge about the
potential for adverse effects on public
welfare from ambient air Pb in the
environment and the exposures that
occur from such air-derived Pb,
particularly under conditions meeting
the current standard (PA, section 6.2.1).
Thus, the scientific evidence presented
in detail and assessed in the ISA,
inclusive of that newly available in this
review, is not substantively changed,
most particularly with regard to the
adequacy of the now-current standard,
from the information that was
previously available and supported the
decision for revision in the last review
(PA, section 6.2.1).
With respect to exposure/risk-based
considerations identified in the PA, the
Administrator notes the complexity of
interpreting the previous risk
assessment with regard to the ecological
risk of ambient air Pb associated with
conditions meeting the current standard
and the associated limitations and
uncertainties of such assessments. The
Administrator additionally takes note
that the previous assessment is
consistent with and generally
supportive of the evidence-based
conclusions about Pb in the
environment, yet the limitations on our
ability to apportion Pb between past and
present air contributions and between
air and nonair sources remain
significant.
In summary, based on the
considerations summarized above, the
Administrator judges that the
information available in this review of
the Pb secondary standard, including
the currently available welfare effects
evidence and exposure/risk information,
does not call into question the adequacy
of the current standard to provide the
requisite protection for public welfare
(PA, section 6.3). In so doing, she also
notes the advice from CASAC in this
review, including that ‘‘[g]iven the
existing scientific data, the CASAC
concurs with retaining the current
secondary standard without revision.’’
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Thus, the Administrator concludes that
the current standard is requisite and
should be retained.
C. Decision on the Secondary Standard
For the reasons discussed above, and
taking into account information and
assessments presented in the ISA and
PA, the advice from CASAC, and
consideration of public comments, the
Administrator concludes that the
current secondary standard for Pb is
requisite to protect public welfare from
known or anticipated adverse effects
and is retaining the standard without
revision.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. There are no information
collection requirements directly
associated with revisions to a NAAQS
under section 109 of the CAA and this
action does not make any revisions to
the NAAQS.
C. Regulatory Flexibility Act (RFA)
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I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. Rather, this action retains,
without revision, existing national
standards for allowable concentrations
of Pb in ambient air as required by
section 109 of the CAA. See also
American Trucking Associations v.
EPA. 175 F.3d at 1044–45 (NAAQS do
not have significant impacts upon small
entities because NAAQS themselves
impose no regulations upon small
entities).
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in the
UMRA, 2 U.S.C. 1531–1538 and does
not significantly or uniquely affect small
governments. This action imposes no
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enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. It does not have a
substantial direct effect on one or more
Indian tribes. This action does not
change existing regulations; it retains
the current NAAQS for Pb, without
revision. The NAAQS protect public
health, including the health of at-risk or
sensitive groups, with an adequate
margin of safety and protect public
welfare from known or anticipated
adverse effects. Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866. We note,
however, that the primary standard
retained with this action provides
protection for children and other at-risk
populations against an array of adverse
health effects, most notably including
nervous system effects in children. The
health effects evidence and risk
assessment information for this action,
which focuses on children, is
summarized in sections II.A.2, II.A.3
and II.A.4, and described in the ISA and
PA, copies of which are in the public
docket for this action.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This action does not involve technical
standards.
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The action described in this document
is to retain, without revision, the
existing NAAQS for Pb.
The NAAQS decisions are based on
an explicit and comprehensive
assessment of the current scientific
evidence and associated exposure/risk
analyses. More specifically, the EPA
expressly considers the available
information regarding health effects
among at-risk populations, including
that available for low-income
populations and minority populations,
in decisions on the primary (healthbased) NAAQS. Where low-income
populations or minority populations are
among the at-risk populations, the
decision on the standard is based on
providing protection for these and other
at-risk populations and lifestages.
Where such populations are not
identified as at-risk populations,
NAAQS that are established to provide
protection to the at-risk populations
would also be expected to provide
protection to all other populations,
including low-income populations and
minority populations.
As discussed in sections II.A.2.d and
II.B above, and in sections II.A and II.B
of the proposal, the EPA expressly
considered the available information
regarding health effects among at-risk
populations in reaching the decision
that the existing primary (health-based)
standard for Pb is requisite. The ISA and
PA for this review, which include
identification of populations at risk
from Pb health effects, are available in
the docket, EPA–HQ–OAR–2010–0108.
Based on consideration of this
information and the full evidence base,
quantitative exposure/risk analyses,
advice from the CASAC and
consideration of public comments, the
Administrator concludes that the
existing NAAQS for Pb protect public
health, including the health of at-risk or
sensitive groups, with an adequate
margin of safety and protect public
welfare from known or anticipated
adverse effects (as discussed in sections
II.B.4 and III.B.4 above).
K. Determination Under Section 307(d)
Section 307(d)(1)(V) of the CAA
provides that the provisions of section
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307(d) apply to ‘‘such other actions as
the Administrator may determine.’’
Pursuant to section 307(d)(1)(V), the
Administrator determines that this
action is subject to the provisions of
section 307(d).
L. Congressional Review Act
The EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the U.S. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
Lhorne on DSK30JT082PROD with RULES4
References
Advisory Committee on Childhood Lead
Poisoning Prevention (ACCLPP). (2012).
Low Level Lead Exposure Harms
Children: A Renewed Call for Primary
Prevention. Report of the Advisory
Committee on Childhood Lead Poisoning
Prevention of the Centers for Disease
Control and Prevention. January 4, 2012.
Available at: https://www.cdc.gov/nceh/
lead/ACCLPP/blood_lead_levels.htm.
Alliance to End Childhood Lead Poisoning.
(1991). The First Comprehensive
National Conference: Final Report.
October 6,7,8, 1991.
Bellinger, D. (2008). Email message to JeeYoung Kim, U.S. EPA. February 13,
2008. Docket document number EPA–
HQ–OAR–2010–0108–0031.
Bellinger, D.; Leviton, A.; Sloman, J. (1990).
Antecedents and correlates of improved
cognitive performance in children
exposed in utero to low levels of lead.
Environ Persp 89: 5–11.
Bellinger, D.; Leviton, A.; Waternaux, C.;
Needleman, H.; Rabinowitz, M. (1988).
Low-level lead exposure, social class,
and infant development. Neurotoxicol.
Teratol. 10: 497–503. {This journal issue
is dated November–December 1988,
while the date in the reference header on
reprints available as pdfs is 1989.}
Bellinger, D.C. and Needleman, H.L. (2003).
Intellectual impairment and blood lead
levels [letter]. N. Engl. J. Med. 349: 500.
Brunekreef, B. (1984). The relationship
between air lead and blood lead in
children: a critical review. Science of the
total environment, 38: 79–123.
Budtz-Jorgensen, E.; Bellinger, D.; Lanphear,
B.; Grandjean, P. (2013). An international
pooled analysis for obtaining a
benchmark dose for environmental lead
exposure in children. Risk Analysis, Vol.
33, No. 3.
California Environmental Protection Agency.
(2007). Development of Health Criteria
for School Site Risk Assessment
Pursuant to Health and Safety Code
Section 901(g): Child-specific benchmark
change in blood lead concentration for
school site risk assessment. Final Report,
April 2007. Office of Environmental
Health Hazard Assessment.
Canfield, R.L.; Henderson, C.R., Jr.; CorySlechta, D.A.; Cox, C.; Jusko, T.A.;
Lanphear, B.P. (2003). Intellectual
impairment in children with blood lead
concentrations below 10 mg per deciliter.
N. Engl. J. Med. 348: 1517–1526.
VerDate Sep<11>2014
13:31 Oct 17, 2016
Jkt 214001
Canfield, R.L. (2008). Email messages to JeeYoung Kim, U.S. EPA. February 7
through August 12, 2008. Docket
document number EPA–HQ–OAR–2010–
0108–0037.
Cavender, K. (2014). Memorandum to
Ambient Monitoring Rule Docket (EPA–
HQ–OAR–2013–0619). Supporting
Information for Reconsideration of
Existing Requirement to Monitor Lead at
Urban NCore Sites. Docket Identifier
EPA–HQ–OAR–2013–0619–0002.
Centers for Disease Control and Prevention
(CDC). (2005) Preventing lead poisoning
in young children. A statement by the
Centers for Disease Control and
Prevention August 2005. USDHHS, CDC,
Atlanta.
Centers for Disease Control and Prevention.
(2012). CDC Response to Advisory
Committee on Childhood Lead Poisoning
Prevention Recommendations in ‘‘Low
Level Lead Exposure Harms Children: A
Renewed Call of Primary Prevention.’’
Atlanta, GA: U.S. Department of Health
and Human Services, Public Health
Service. June 7, 2012.
Centers for Disease Control and Prevention.
(2015). Fourth national report on human
exposure to environmental chemicals,
updated tables, February 2015. https://
www.cdc.gov/exposurereport/pdf/
fourthreport_updatedtables_
Feb2015.pdf.
Chandramouli, K; Steer, C.D.; Ellis, M;
Emond, A.M. (2009). Effects of early
childhood lead exposure on academic
performance and behaviour of school age
children. Arch Dis Child 94: 844–848.
Frey, H.C. (2011a). Letter from Dr. H.
Christopher Frey, Chair, Clean Air
Scientific Advisory Committee Lead
Review Panel, to Administrator Lisa P.
Jackson. Re: Consultation on EPA’s Draft
Integrated Review Plan for the National
Ambient Air Quality Standards for Lead.
May 25, 2011.
Frey, H.C. (2011b). Letter from Dr. H.
Christopher Frey, Chair, Clean Air
Scientific Advisory Committee Lead
Review Panel, to Administrator Lisa P.
Jackson. Re: Consultation on EPA’s
Review of the National Ambient Air
Quality Standards for Lead: Risk and
Exposure Assessment Planning
Document. October 14, 2011.
Frey, H.C. and Samet, J.M. (2011). Letter from
Drs. H. Christopher Frey, Chair, Clean
Air Scientific Advisory Committee Lead
Review Panel, and Jonathan M. Samet,
Chair, Clean Air Scientific Advisory
Committee, to Administrator Lisa P.
Jackson. Re: CASAC Review of the EPA’s
Integrated Science Assessment for Lead
(First External Review Draft—May 2011).
December 9, 2011.
Frey, H.C. (2013a). Letter from Dr. H.
Christopher Frey, Chair, Clean Air
Scientific Advisory Committee and
Clean Air Scientific Advisory Committee
Lead Review Panel, to Acting
Administrator Bob Perciasepe. Re:
CASAC Review of the EPA’s Integrated
Science Assessment for Lead (Third
External Review Draft—November 2012).
June 4, 2013.
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
71941
Frey, H.C. (2013b). Letter from Dr. H.
Christopher Frey, Chair, Clean Air
Scientific Advisory Committee and
Clean Air Scientific Advisory Committee
Lead Review Panel, to Acting
Administrator Bob Perciasepe. Re:
CASAC Review of the EPA’s Policy
Assessment for Lead (External Review
Draft—January 2013). June 4, 2013.
Grandjean, P.; Landrigan, P.J. (2014).
Neurobehavioural effects of
developmental toxicity. Lancet Neurol
13(3):330–8.
Gulson, B.L.; Mizon, K.J.; Davis, J.D.; Palmer,
J.M.; Vimpani, G. (2004). Identification
of sources of lead in children in a
primary zinc-lead smelter environment.
Environ Health Perspect 112: 52–60.
Henderson, R. (2007a). Letter from Dr.
Rogene Henderson, Chair, Clean Air
Scientific Advisory Committee, to
Administrator Stephen L. Johnson. Re:
Clean Air Scientific Advisory
Committee’s (CASAC) Review of the 1st
Draft Lead Staff Paper and Draft Lead
Exposure and Risk Assessments. March
27, 2007.
Henderson, R. (2007b). Letter from Dr.
Rogene Henderson, Chair, Clean Air
Scientific Advisory Committee, to
Administrator Stephen L. Johnson. Re:
Clean Air Scientific Advisory
Committee’s (CASAC) Review of the 2nd
Draft Lead Human Exposure and Health
Risk Assessments Document. September
27, 2007.
Henderson, R. (2008a). Letter from Dr.
Rogene Henderson, Chair, Clean Air
Scientific Advisory Committee, to
Administrator Stephen L. Johnson. Re:
Clean Air Scientific Advisory
Committee’s (CASAC) Review of the
Advance Notice of Proposed Rulemaking
(ANPR) for the NAAQS for lead. January
22, 2008.
Henderson, R. (2008b). Letter from Dr.
Rogene Henderson, Chair, Clean Air
Scientific Advisory Committee, to
Administrator Stephen L. Johnson. Re:
Clean Air Scientific Advisory
Committee’s (CASAC) Review of the
Notice of Proposed Rulemaking for the
NAAQS for lead. July 18, 2008.
Henn, B.C.; Coull, B.A.; Wright, R.O. (2014).
Chemical mixtures and children’s health.
Curr Opin Pediatr 26:223–229.
Hilts, S.R. (2003). Effect of smelter emission
reductions on children’s blood lead
levels. Sci. Total Environ. 303: 51–58.
ICF International. (2006). Lead Human
Exposure and Health Risk Assessments
and Ecological Risk Assessment for
Selected Areas. Pilot Phase. Draft
Technical Report with Appendices.
Prepared for the U.S. EPA’s Office of Air
Quality Planning and Standards,
Research Triangle Park, NC. December
2006.
Jacobs, D.E.; Cali, S.; Welch, A.; Catalin, B.;
Dixon, S.L.; Evens, A.; Mucha, A.P.;
Vahl, N.; Erdal, S.; Bartlett, J. (2013).
Lead and other heavy metals in fust fall
from single-family housing demolition.
Public Health Reports 128:454–462.
Jakubowski, M. (2011). Low-level
environmental lead exposure and
E:\FR\FM\18OCR4.SGM
18OCR4
Lhorne on DSK30JT082PROD with RULES4
71942
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
intellectual impairment in children—the
current concepts of risk assessment. Int.
J Occup Med Environ Health. 24(1): 1–
7.
Jones, R.L.; Homa, D.M.; Meyer, P.A.; Brody,
D.J.; Caldwell, K.L.; Pirkle, J.L.; Brown,
M.J. (2009). Trends in blood lead levels
and blood lead testing among US
children aged 1 to 5 Years, 1988–2004.
Pediatrics 123: e376–e385.
Kirrane, E; Patel, M. (2014). Memorandum to
Integrated Science Assessment for Lead
Docket (EPA–HQ–ORD–2011–0051).
Docket document number EPA–HQ–
ORD–2011–0051–0050. May 9, 2014.
Kirrane, E. (2016). Memorandum to Lead
NAAQS Review Docket (EPA–HQ–OAR–
2010–0108). Provisional Consideration of
‘‘New’’ Studies Cited by Commenters.
June 28, 2016.
Kordas, K; Canfield, R.L.; Lopez, P; Rosado,
J.L.; Vargas, G.G.; Cebrian, M.E.; Rico,
J.A.; Ronquillo, D.; Stoltzfus, R.J. (2006).
Deficits in cognitive function and
achievement in Mexican first-graders
with low blood lead concentrations.
Environ Res 100: 371–386.
Lanphear, B.P.; Roghmann, K.J. (1997).
Pathways of lead exposure in urban
children. Environ Res 74: 67–73.
Lanphear, B.P.; Matte, T.D.; Rogers, J.;
Clickner, R.P.; Dietz, B.; Bornschein,
R.L.; Succop, P.; Mahaffey, K.R.; Dixon,
S.; Galke, W.; Rabinowitz, M.; Farfel, M.;
Rohde, C.; Schwartz, J.; Ashley, P.;
Jacobs, D.E. (1998). The contribution of
lead-contaminated house dust and
residential soil to children’s blood lead
levels: A pooled analysis of 12
epidemiologic studies. Environ Res 79:
51–68.
Lanphear, B.P.; Hornung, R.; Khoury, J.;
Yolton, K.; Baghurst, P.; Bellinger, D.C.;
Canfield, R.L.; Dietrich, K.N.;
Bornschein, R.; Greene, T.; Rothenberg,
S.J.; Needleman, H.L.; Schnaas, L.;
Wasserman, G.; Graziano, J.; Roberts, R.
(2005). Low-level environmental lead
exposure and children’s intellectual
function: an international pooled
analysis. Environ. Health Perspect. 113:
894–899.
Miranda, M.L.; Kim, D.; Reiter, J.; Overstreet
Galeano, M.A.; Maxson, P. (2009).
Environmental contributors to the
achievement gap. Neurotoxicology 30:
1019–1024.
National Toxicology Program. (2011). Draft
Monograph on Health Effects of LowLevel Lead, October 14, 2011. Office of
Health Assessment and Translation,
Division of the National Toxicology
Program, National Institute of
Environmental Health Sciences. Peer
Review Date: November 17–18, 2011.
New York City Department of Health and
Mental Hygiene. (2010). Lead poisoning:
prevention identification, and
management. City Health Information
29(5):41–48, at 41, 43–44.
Nishioka, E.; Yokoyama, K.; Matsukawa, T.;
Vigeh, M.; Hirayama, S.; Ueno, T.; Miida,
T.; Makino, Sh.; Takeda, S. (2014).
Evidence that birth weight is decreased
by maternal lead levels below 5mg/dl in
male newborns. Reproductive Toxicol
47:21–26.
VerDate Sep<11>2014
13:31 Oct 17, 2016
Jkt 214001
Rothenberg, S.J.; Rothenberg, J.C. (2005).
Testing the dose-response specification
in epidemiology: Public health and
policy consequences for lead. Environ.
Health Perspect. 113: 1190–1195.
Samet, J.M. and Frey, H.C. (2012). Letter from
Drs. Jonathan M. Samet, Chair, Clean Air
Scientific Advisory Committee and H.
Christopher Frey, Chair, Clean Air
Scientific Advisory Committee Lead
Review Panel, to Administrator Lisa P.
Jackson. Re: CASAC Review of the EPA’s
Integrated Science Assessment for Lead
(Second External Review Draft—
February 2012). July 20, 2012.
´
Tellez-Rojo, M.M.; Bellinger, D.C.; ArroyoQuiroz, C.; Lamadrid-Figueroa, H.;
´
Mercado-Garcıa, A.; Schnaas-Arrieta, L.;
´
Wright, R.O.; Hernandez-Avila, M.; Hu,
H. (2006). Longitudinal associations
between blood lead concentrations < 10
mg/dL and neurobehavioral development
in environmentally-exposed children in
Mexico City. Pediatrics 118: e323–e330.
´
Tellez-Rojo, M. (2008). Email message to JeeYoung Kim, U.S. EPA. February 11,
2008. Docket document number EPA–
HQ–OAR–2010–0108–0167.
UNEP Governing Council. (2011).
Proceedings of the Governing Council/
Global Ministerial Environment Forum
at its twenty-sixth session. Decision
number 26/3. UNEP/GC.26/19. 24
February 2011. Available at: https://
www.unep.org/gc/gc26/docs/
Proceedings/K1170817_E-GC26-19_
Proceedings.pdf.
UNEP Governing Council. (2013). Decisions
adopted by the Governing Council at its
twenty-seventh session and first
universal session. Decision 27/12:
Chemicals and waste management.
February 2013. Available at: https://
www.unep.org/GC/GC27/Docs/decisions/
GC_27_decisions-English.pdf.
U.S. Environmental Protection Agency.
(1977). Air quality criteria for lead.
Research Triangle Park, NC: Health
Effects Research Laboratory, Criteria and
Special Studies Office; EPA report no.
EPA–600/8–77–017. Available from:
NTIS, Springfield, VA; PB–280411.
U.S. Environmental Protection Agency.
(1986a). Air quality criteria for lead.
Research Triangle Park, NC: Office of
Health and Environmental Assessment,
Environmental Criteria and Assessment
Office; EPA report no. EPA–600/8–83/
028aF–dF. 4v. Available from: NTIS,
Springfield, VA; PB87–142378.
U.S. Environmental Protection Agency.
(1986b). Lead effects on cardiovascular
function, early development, and stature:
an addendum to U.S. EPA Air Quality
Criteria for Lead (1986). In: Air quality
criteria for lead, v. 1. Research Triangle
Park, NC: Office of Health and
Environmental Assessment,
Environmental Criteria and Assessment
Office; pp. A1–A67; EPA report no.
EPA–600/8–83/028aF. Available from:
NTIS, Springfield, VA; PB87–142378.
U.S. Environmental Protection Agency.
(1989). Review of the national ambient
air quality standards for lead: Exposure
analysis methodology and validation:
PO 00000
Frm 00038
Fmt 4701
Sfmt 4700
OAQPS staff report. Research Triangle
Park, NC: Office of Air Quality Planning
and Standards; report no. EPA–450/2–
89/011. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/
data/rnaaqsl_eamv.pdf.
U.S. Environmental Protection Agency.
(1990a). Air quality criteria for lead:
supplement to the 1986 addendum.
Research Triangle Park, NC: Office of
Health and Environmental Assessment,
Environmental Criteria and Assessment
Office; report no. EPA/600/8–89/049F.
Available from: NTIS, Springfield, VA;
PB91–138420.
U.S. Environmental Protection Agency.
(1990b). Review of the national ambient
air quality standards for lead: assessment
of scientific and technical information:
OAQPS staff paper. Research Triangle
Park, NC: Office of Air Quality Planning
and Standards; report no. EPA–450/2–
89/022. Available from: NTIS,
Springfield, VA; PB91–206185. Available
at: https://www.epa.gov/ttn/naaqs/
standards/pb/data/rnaaqsl_asti.pdf.
U.S. Environmental Protection Agency.
(1991). U.S. EPA Strategy for Reducing
Lead Exposure. Available from U.S. EPA
Headquarters Library/Washington, DC
(Library Code EJBD; Item Call Number:
EAP 100/1991.6; OCLC Number
2346675). https://www.epa.gov/ttn/naaqs/
standards/pb/s_pb_pr.html.
U.S. Environmental Protection Agency.
(2005a). Project Work Plan for Revised
Air Quality Criteria for Lead. CASAC
Review Draft. National Center for
Environmental Assessment, Research
Triangle Park, NC. NCEA–R–1465.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency.
(2005b). Ecological Soil Screening Levels
for Lead, Interim Final. Washington, DC:
Office of Solid Waste and Emergency
Response. OSWER Directive 9285.7–70.
Available at https://www.epa.gov/ecotox/
ecossl/pdf/eco-ssl_lead.pdf.
U.S. Environmental Protection Agency.
(2006a). Air Quality Criteria for Lead.
Washington, DC, EPA/600/R–5/144aF.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_cr.html.
U.S. Environmental Protection Agency.
(2006b). Plan for Review of the National
Ambient Air Quality Standards for Lead.
Office of Air Quality Planning and
Standards, Research Triangle Park, NC.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency.
(2006c). Analysis Plan for Human Health
and Ecological Risk Assessment for the
Review of the Lead National Ambient
Air Quality Standards. Office of Air
Quality Planning and Standards,
Research Triangle Park, NC. Available at:
https://www.epa.gov/ttn/naaqs/
standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency.
(2007a). Lead: Human Exposure and
Health Risk Assessments for Selected
Case Studies, Volume I. Human
Exposure and Health Risk Assessments—
Full-Scale and Volume II. Appendices.
E:\FR\FM\18OCR4.SGM
18OCR4
Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations
Lhorne on DSK30JT082PROD with RULES4
Office of Air Quality Planning and
Standards, Research Triangle Park, NC.
EPA–452/R–07–014a and EPA–452/R–
07–014b.
U.S. Environmental Protection Agency.
(2007b). Review of the National Ambient
Air Quality Standards for Lead: Policy
Assessment of Scientific and Technical
Information, OAQPS Staff Paper. Office
of Air Quality Planning and Standards,
Research Triangle Park, NC. EPA–452/R–
07–013. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_cr_sp.html.
U.S. Environmental Protection Agency.
(2011a). Integrated Review Plan for the
National Ambient Air Quality Standards
for Lead. Research Triangle Park, NC.
EPA–452/R–11–008. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_index.html.
U.S. Environmental Protection Agency.
(2011b). Review of the National Ambient
Air Quality Standards for Lead: Risk and
Exposure Assessment Planning
Document. Office of Air Quality
Planning and Standards, Research
Triangle Park, NC. EPA/452/P–11–003.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_2010_pd.html.
U.S. Environmental Protection Agency.
(2011c). Partnership for Clean Fuels and
Vehicles: Evaluation of the Design and
Implementation of the Lead Campaign.
Final Report. Document number EPA–
VerDate Sep<11>2014
13:31 Oct 17, 2016
Jkt 214001
100–R–11–008. Office of Policy,
Washington, DC. December 2011.
U.S. Environmental Protection Agency.
(2011d). Integrated Review Plan for the
National Ambient Air Quality Standards
for Lead. External Review Draft.
Research Triangle Park, NC. EPA–452/D–
11–001. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_index.html.
U.S. Environmental Protection Agency.
(2011e). Integrated Science Assessment
for Lead (First External Review Draft).
Washington, DC, EPA/600/R–10/075A.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency.
(2012a). Integrated Science Assessment
for Lead (Second External Review Draft).
Washington, DC, EPA/600/R–10/075B.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency.
(2012b). Integrated Science Assessment
for Lead (Third External Review Draft).
Washington, DC, EPA/600/R–10/075C.
Available at: https://www.epa.gov/ttn/
naaqs/standards/pb/s_pb_2010_isa.html.
U.S. Environmental Protection Agency.
(2013a). Integrated Science Assessment
for Lead. Washington, DC, EPA/600/R–
10/075F. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_2010_isa.html.
PO 00000
Frm 00039
Fmt 4701
Sfmt 9990
71943
U.S. Environmental Protection Agency.
(2013b). Policy Assessment for the
National Ambient Air Quality Standards
for Lead. External Review Draft.
Research Triangle Park, NC. EPA–452/P–
13–001. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_2010_pa.html.
U.S. Environmental Protection Agency.
(2014). Policy Assessment for the
National Ambient Air Quality Standards
for Lead. Research Triangle Park, NC.
EPA–452/R–14–001. Available at: https://
www.epa.gov/ttn/naaqs/standards/pb/s_
pb_2010_pa.html.
Xie, X.; Ding, G.; Cui, C.; Chen, L.; Gao, Y.;
Zhou, Y.; Shi, R.; Tian, Y. (2013). The
effects of low-level prenatal lead
exposure on birth outcomes. Environ
Pollution 175:30–34.
List of Subjects in 40 CFR Part 50
Environmental protection, Air
pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides.
Dated: September 16, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–23153 Filed 10–17–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\18OCR4.SGM
18OCR4
Agencies
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71906-71943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23153]
[[Page 71905]]
Vol. 81
Tuesday,
No. 201
October 18, 2016
Part V
Environmental Protection Agency
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40 CFR Part 50
Review of the National Ambient Air Quality Standards for Lead; Final
Rule
Federal Register / Vol. 81 , No. 201 / Tuesday, October 18, 2016 /
Rules and Regulations
[[Page 71906]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 50
[EPA-HQ-OAR-2010-0108; FRL-9952-87-OAR]
RIN 2060-AQ44
Review of the National Ambient Air Quality Standards for Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Based on the Environmental Protection Agency's (EPA's) review
of the air quality criteria and the national ambient air quality
standards (NAAQS) for lead (Pb), the EPA is retaining the current
standards, without revision.
DATES: This final rule is effective on November 17, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0108. Incorporated into this docket is a
separate docket established for the Integrated Science Assessment for
this review (Docket ID No. EPA-HQ-ORD-2011-0051). All documents in
these dockets are listed on the www.regulations.gov Web site. Although
listed in the index, some information is not publicly available, e.g.,
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. It
may be viewed, with prior arrangement, at the EPA Docket Center.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation Docket
Information Center, EPA/DC, WJC West Building, Room 3334, 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 telephone number for the Public Reading Room is (202)
566-1744 and the telephone number for the Air and Radiation Docket
Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Dr. Deirdre L. Murphy, Health and
Environmental Impacts Division, Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Mail code C504-06,
Research Triangle Park, NC 27711; telephone: (919) 541-0729; fax: (919)
541-0237; email: murphy.deirdre@epa.gov.
Availability of Information Related to this Action
A number of the documents that are relevant to this action are
available through the EPA's Office of Air Quality Planning and
Standards (OAQPS) Technology Transfer Network (TTN) Web site at https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html. These documents
include the Integrated Review Plan for the National Ambient Air Quality
Standards for Lead (USEPA, 2011a), available at https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pd.html, the Integrated Science Assessment
for Lead (USEPA, 2013a), available at https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_isa.html, the Review of the National Ambient Air
Quality Standards for Lead: Risk and Exposure Assessment Planning
Document (USEPA, 2011b), available at https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pd.html, and the Policy Assessment for the
Review of the Lead National Ambient Air Quality Standards (USEPA,
2014), available at https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pa.html. These and other related documents are also available
for inspection and copying in the EPA docket identified above.
SUPPLEMENTARY INFORMATION:
Table of Contents
Executive Summary
I. Background
A. Legislative Requirements
B. Related Lead Control Programs
C. Review of the Air Quality Criteria and Standards for Lead
D. Multimedia, Multipathway Aspects of Lead
E. Air Quality Monitoring
F. Summary of Proposed Decisions
G. Organization and Approach to Final Decisions
II. Rationale for Decision on the Primary Standard
A. Introduction
1. Background on the Current Standard
2. Overview of Health Effects Evidence
3. Overview of Information on Blood Lead Relationships With Air
Lead
4. Overview of Risk and Exposure Assessment Information
B. Conclusions on the Primary Standard
1. Basis for the Proposed Decision
2. CASAC Advice in This Review
3. Comments on the Proposed Decision
4. Administrator's Conclusions
C. Decision on the Primary Standard
III. Rationale for Decision on the Secondary Standard
A. Introduction
1. Overview of Welfare Effects Information
2. Overview of Risk Assessment Information
B. Conclusions on the Secondary Standard
1. Basis for the Proposed Decision
2. CASAC Advice in This Review
3. Comments on the Proposed Decision
4. Administrator's Conclusions
C. Decision on the Secondary Standard
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Determination Under Section 307(d)
L. Congressional Review Act
References
Executive Summary
This document describes the completion of our current review of the
NAAQS for Pb. This review of the standards and the air quality criteria
(the scientific information upon which the standards are based) is
required by the Clean Air Act on a periodic basis. In conducting this
review, the EPA has carefully evaluated the currently available
scientific literature on the health and welfare effects of Pb, focusing
particularly on the information newly available since the conclusion of
the last review in 2008. Between 2008 and 2014, the EPA prepared draft
and final versions of the Integrated Science Assessment and the Policy
Assessment, multiple drafts of which were subject to public review and
comment and were reviewed by the Clean Air Scientific Advisory
Committee, an independent scientific advisory committee established
pursuant to the Clean Air Act and charged with providing advice to the
Administrator. The EPA issued a proposed decision on the standards on
January 5, 2015 (80 FR 278), and provided a 3-month period for
submission of comments from the public. After consideration of public
comments on the proposed decision and advice from the Clean Air
Scientific Advisory Committee, the EPA has developed this document,
which is the final step in the review process.
The prior review of the NAAQS for Pb was completed in 2008. As a
result of that review, we significantly revised
[[Page 71907]]
both the primary and secondary standards, including a lowering of the
standard levels by an order of magnitude. The 2008 change to the
primary standard was focused on providing the requisite protection for
children and other at-risk populations against an array of adverse
health effects, most notably including neurological effects in
children, including neurocognitive effects (e.g., IQ loss) and
neurobehavioral effects. Although Pb has long been recognized to exert
an array of adverse health effects, over the three decades from the
time the standard was initially set in 1978 through its revision with
the NAAQS review completed in 2008, the evidence base expanded
considerably in a number of areas, including with regard to effects on
neurocognitive function in young children at increasingly lower blood
Pb levels. These effects formed the principal basis for the 2008
revisions to the primary standard.
The health effects evidence newly available in this review of the
2008 standard, as critically assessed in the ISA in conjunction with
the full body of evidence, reaffirms conclusions on the broad array of
effects recognized for Pb in the last review. Further, the currently
available evidence is generally consistent with the evidence available
in the last review, particularly with regard to key aspects of the
evidence on which the current standard (set in 2008) is based. These
key aspects include those regarding the relationships between air Pb
concentrations and the associated Pb in the blood of young children as
well as between total blood Pb levels and effects on children's IQ.
Based on consideration of the currently available health effects
evidence in the context of this framework, and with support from the
exposure/risk information, recognizing the uncertainties attendant in
both, as well as the increasing uncertainty of risk estimates for lower
air Pb concentrations, the Administrator concludes that the current
primary standard provides the requisite protection of public health
with an adequate margin of safety, including protection of at-risk
populations. With regard to the secondary standard, the EPA has
considered the currently available welfare effects evidence and
screening-level risk information, including the general consistency of
the current evidence with that available in the last review and the
substantial limitations in the current evidence that complicate
conclusions regarding the potential for Pb emissions under the current,
much lower standard to contribute to welfare effects. Based on these
considerations, the Administrator concludes that the current secondary
standard is requisite to protect public welfare from known or
anticipated adverse effects. Thus, based on the EPA's review of the air
quality criteria and the NAAQS for Pb, the EPA is retaining the current
standards, without revision.
I. Background
A. Legislative Requirements
Two sections of the Clean Air Act (CAA or the Act) govern the
establishment and revision of the NAAQS. Section 108 (42 U.S.C. 7408)
directs the Administrator to identify and list certain air pollutants
and then to issue air quality criteria for those pollutants. The
Administrator is to list those air pollutants that in her ``judgment,
cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare;'' ``the presence of
which in the ambient air results from numerous or diverse mobile or
stationary sources;'' and ``for which . . . [the Administrator] plans
to issue air quality criteria . . .'' Air quality criteria are intended
to ``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air . . .'' 42 U.S.C. 7408(b). Section 109 (42
U.S.C. 7409) directs the Administrator to propose and promulgate
``primary'' and ``secondary'' NAAQS for pollutants for which air
quality criteria are issued. Section 109(b)(1) defines a primary
standard as one ``the attainment and maintenance of which in the
judgment of the Administrator, based on such criteria and allowing an
adequate margin of safety, are requisite to protect the public
health.'' \1\ A secondary standard, as defined in section 109(b)(2),
must ``specify a level of air quality the attainment and maintenance of
which, in the judgment of the Administrator, based on such criteria, is
requisite to protect the public welfare from any known or anticipated
adverse effects associated with the presence of [the] pollutant in the
ambient air.''
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\1\ The legislative history of section 109 indicates that a
primary standard is to be set at ``the maximum permissible ambient
air level . . . which will protect the health of any [sensitive]
group of the population,'' and that for this purpose ``reference
should be made to a representative sample of persons comprising the
sensitive group rather than to a single person in such a group.''
See S. Rep. No. 91-1196, 91st Cong., 2d Sess. 10 (1970).
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The requirement that primary standards provide an adequate margin
of safety was intended to address uncertainties associated with
inconclusive scientific and technical information available at the time
of standard setting. It was also intended to provide a reasonable
degree of protection against hazards that research has not yet
identified. See Lead Industries Association v. EPA, 647 F.2d 1130, 1154
(D.C. Cir. 1980), cert. denied, 449 U.S. 1042 (1980); American
Petroleum Institute v. Costle, 665 F.2d 1176, 1186 (D.C. Cir. 1981),
cert. denied, 455 U.S. 1034 (1982); American Farm Bureau Federation v.
EPA, 559 F. 3d 512, 533 (D.C. Cir. 2009); Association of Battery
Recyclers v. EPA, 604 F. 3d 613, 617-18 (D.C. Cir. 2010). Both kinds of
uncertainties are components of the risk associated with pollution at
levels below those at which human health effects can be said to occur
with reasonable scientific certainty. Thus, in selecting primary
standards that provide an adequate margin of safety, the Administrator
is seeking not only to prevent pollution levels that have been
demonstrated to be harmful but also to prevent lower pollutant levels
that may pose an unacceptable risk of harm, even if the risk is not
precisely identified as to nature or degree. The CAA does not require
the Administrator to establish a primary NAAQS at a zero-risk level or
at background concentration levels, see Lead Industries v. EPA, 647
F.2d at 1156 n.51, but rather at a level that reduces risk sufficiently
so as to protect public health with an adequate margin of safety.
In addressing the requirement for an adequate margin of safety, the
EPA considers such factors as the nature and severity of the health
effects involved, the size of sensitive population(s) at risk,\2\ and
the kind and degree of the uncertainties that must be addressed. The
selection of any particular approach to providing an adequate margin of
safety is a policy choice left specifically to the Administrator's
judgment. See Lead Industries Association v. EPA, 647 F.2d at 1161-62.
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\2\ As used here and similarly throughout this document, the
term population (or group) refers to persons having a quality or
characteristic in common, such as a specific pre-existing illness or
a specific age or life stage. As discussed more fully in section
II.A.2.d below, the identification of sensitive groups (called at-
risk groups or at-risk populations) involves consideration of
susceptibility and vulnerability.
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In setting primary and secondary standards that are ``requisite''
to protect public health and welfare, respectively, as provided in
section 109(b), the EPA's task is to establish standards that are
neither more nor less stringent than necessary for these purposes. In
so doing, the EPA may not consider the
[[Page 71908]]
costs of implementing the standards. See generally, Whitman v. American
Trucking Associations, 531 U.S. 457, 465-472, 475-76 (2001). Likewise,
``[a]ttainability and technological feasibility are not relevant
considerations in the promulgation of national ambient air quality
standards.'' American Petroleum Institute v. Costle, 665 F. 2d at 1185.
Section 109(d)(1) requires that ``not later than December 31, 1980,
and at 5-year intervals thereafter, the Administrator shall complete a
thorough review of the criteria published under section 108 and the
national ambient air quality standards . . . and shall make such
revisions in such criteria and standards and promulgate such new
standards as may be appropriate. . . .'' Section 109(d)(2) requires
that an independent scientific review committee ``shall complete a
review of the criteria . . . and the national primary and secondary
ambient air quality standards . . . and shall recommend to the
Administrator any new . . . standards and revisions of existing
criteria and standards as may be appropriate . . .'' Since the early
1980s, this independent review function has been performed by the Clean
Air Scientific Advisory Committee (CASAC).\3\
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\3\ Lists of CASAC members and of members of the CASAC Lead
Review Panel are available at: https://yosemite.epa.gov/sab/sabproduct.nsf/WebCASAC/CommitteesandMembership?OpenDocument.
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B. Related Lead Control Programs
States are primarily responsible for ensuring attainment and
maintenance of the NAAQS. Under section 110 of the Act (42 U.S.C. 7410)
and related provisions, states are to submit, for EPA approval, state
implementation plans that provide for the attainment and maintenance of
such standards through control programs directed to sources of the
pollutants involved. The states, in conjunction with the EPA, also
administer the Prevention of Significant Deterioration program (42
U.S.C. 7470-7479) for these pollutants.
The NAAQS is only one component of the EPA's programs to address Pb
in the environment. Federal programs additionally provide for
nationwide reductions in air emissions of these and other air
pollutants through the Federal Motor Vehicle Control Program under
Title II of the Act (42 U.S.C. 7521-7574), which involves controls for
automobile, truck, bus, motorcycle, nonroad engine, and aircraft
emissions; the new source performance standards under section 111 of
the Act (42 U.S.C. 7411); emissions standards for solid waste
incineration units and the national emission standards for hazardous
air pollutants (NESHAP) under sections 129 (42 U.S.C. 7429) and 112 (42
U.S.C. 7412) of the Act, respectively.
The EPA has taken a number of actions associated with these air
pollution control programs since the last review of the Pb NAAQS
(completed in 2008), including completion of several regulations that
will result in reduced Pb emissions from stationary sources regulated
under the CAA sections 112 and 129. For example, in January 2012, the
EPA updated the NESHAP for the secondary lead smelting source category
(77 FR 555, January 5, 2012). These amendments to the original maximum
achievable control technology standards apply to facilities nationwide
that use furnaces to recover Pb from Pb-bearing scrap, mainly from
automobile batteries (13 existing facilities). This action was
estimated to result in a Pb emissions reduction of 13.6 tons per year
(tpy) across the category (a 68 percent reduction). Somewhat lesser Pb
emissions reductions are also expected from regulations completed in
2013 for commercial and industrial solid waste incineration units (78
FR 9112, February 7, 2013), as well as several other regulations since
2007 (72 FR 73179, December 26, 2007; 72 FR 74088, December 28, 2007;
73 FR 225, November 20, 2008; 78 FR 10006, February 12, 2013; 76 FR
15372, March 21, 2011; 78 FR 7138, January 31, 2013; 74 FR 51368,
October 6, 2009; Policy Assessment, Appendix 2A).
The presentation below briefly summarizes additional ongoing
activities that, although not directly pertinent to the review of the
NAAQS, are associated with controlling environmental Pb levels and
human Pb exposures more broadly. Among those identified are the EPA
programs intended to encourage exposure reduction programs in other
countries.
Reducing Pb exposures has long been recognized as a federal
priority as environmental and public health agencies continue to
grapple with soil and dust Pb levels from the historical use of Pb in
paint and gasoline and from other sources (Alliance to End Childhood
Lead Poisoning, 1991; 62 FR 19885, April 23, 1997; 66 FR 52013, October
11, 2001; 68 FR 19931, April 23, 2003). A broad range of federal
programs beyond those that focus on air pollution control provide for
nationwide reductions in environmental releases and human exposures.
Pursuant to section 1412 of the Safe Drinking Water Act (SDWA), EPA
sets public health goals and enforceable standards for drinking water
quality. The Lead and Copper Rule (LCR) is a treatment technique rule.
The LCR requires public water systems to treat the water to reduce
corrosion of Pb and copper from premise plumbing and drinking water
distribution system components. When corrosion control treatment isn't
enough, water systems must educate the public about Pb in drinking
water and replace lead service lines, which are the pipes that connect
buildings to the drinking water mains (40 CFR 141.80-141.91). The
importance of corrosion control treatment was illustrated by the recent
events in Flint, MI, when Pb levels in drinking water increased after
the water system did not maintain corrosion control treatment when the
system changed its water supply. Section 1417 of the SDWA additionally
prohibits the use of any pipe, any pipe or plumbing fitting or fixture,
any solder, or any flux in the installation or repair of any public
water system or any plumbing in a residential or non-residential
facility providing water for human consumption, that is not lead free
as defined by the Act.\4\
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\4\ Effective in January 2014, the amount of Pb permitted in
pipes, fittings, and fixtures was lowered (see ``Section 1417 of the
Safe Drinking Water Act: Prohibition on Use of Lead Pipes, Solder,
and Flux'' at https://www.epa.gov/dwstandardsregulations/section-1417-safe-drinking-water-act-prohibition-use-lead-pipes-solder-and).
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Additionally, federal Pb abatement programs provide for the
reduction in human exposures and environmental releases from in-place
materials containing Pb (e.g., Pb-based paint, urban soil and dust, and
contaminated waste sites). Federal regulations on disposal of Pb-based
paint waste help facilitate the removal of Pb-based paint from
residences (68 FR 36487, June 18, 2003).
Federal programs to reduce exposure to Pb in paint, dust, and soil
are specified under the comprehensive federal regulatory framework
developed under the Residential Lead-Based Paint Hazard Reduction Act
(Title X). Under Title X (codified as Title IV of the Toxic Substances
Control Act [TSCA]), the EPA has established regulations and associated
programs in six categories: (1) Training, certification and work
practice requirements for persons engaged in Pb-based paint activities
(abatement, inspection and risk assessment); accreditation of training
providers; and authorization of state and tribal Pb-based paint
programs; (2) training, certification, and work practice requirements
for persons engaged in home renovation, repair and painting (RRP)
activities; accreditation of RRP training providers; and authorization
of
[[Page 71909]]
state and tribal RRP programs; (3) ensuring that, for most housing
constructed before 1978, information about Pb-based paint and Pb-based
paint hazards flows from sellers to purchasers, from landlords to
tenants, and from renovators to owners and occupants; (4) establishing
standards for identifying dangerous levels of Pb in paint, dust and
soil; (5) providing grant funding to establish and maintain state and
tribal Pb-based paint programs; and (6) providing information on Pb
hazards to the public, including steps that people can take to protect
themselves and their families from Pb-based paint hazards. The most
recent rule issued under Title IV of TSCA is for the Lead Renovation,
Repair and Painting Program (73 FR 21692, April 22, 2008), which became
fully effective in April 2010 and which applies to compensated
renovators and maintenance professionals who perform RRP activities in
housing and child-care facilities built prior to 1978. To foster
adoption of the rule's measures, the EPA has been conducting an
extensive education and outreach campaign to promote awareness of these
new requirements among both the regulated entities and the consumers
who hire them (https://www2.epa.gov/lead/renovation-repair-and-painting-program). In addition, the EPA is investigating whether Pb hazards are
also created by RRP activities in public and commercial buildings, in
which case the EPA plans to issue RRP requirements, where appropriate,
for this class of buildings (79 FR 31072, May 30, 2014).
Programs associated with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA or Superfund) and Resource
Conservation Recovery Act (RCRA) also implement abatement programs,
reducing exposures to Pb and other pollutants. For example, the EPA
determines and implements protective levels for Pb in soil at Superfund
sites and RCRA corrective action facilities. Federal programs,
including those implementing RCRA, provide for management of hazardous
substances in hazardous and municipal solid waste (e.g., 66 FR 58258,
November 20, 2001). Federal regulations concerning batteries in
municipal solid waste facilitate the collection and recycling or proper
disposal of batteries containing Pb.\5\ Similarly, federal programs
provide for the reduction in environmental releases of hazardous
substances such as Pb in the management of wastewater (https://www.epa.gov/owm/).
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\5\ See, e.g., ``Implementation of the Mercury-Containing and
Rechargeable Battery Management Act'' available from https://www.epa.gov/hw and facts and figures on recycling and disposal in
the U.S. at https://www.epa.gov/smm/advancing-sustainable-materials-management-facts-and-figures.
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A variety of federal nonregulatory programs also provide for
reduced environmental release of Pb-containing materials by encouraging
pollution prevention, promotion of reuse and recycling, reduction of
priority and toxic chemicals in products and waste, and conservation of
energy and materials. These include the ``National Waste Minimization
Program'' (https://archive.epa.gov/epawaste/hazard/wastemin/web/html/tools.html), ``Sustainable Management of Electronics'' (https://www.epa.gov/smm-electronics), and the ``Sustainable Materials
Management (SMM) Electronics Challenge'' (https://www.epa.gov/smm-electronics/sustainable-materials-management-smm-electronics-challenge).
The EPA's research program identifies, encourages and conducts
research needed to develop methods and tools to characterize and help
reduce risks related to Pb exposure. An example of one such effort is
the EPA's Integrated Exposure Uptake Biokinetic Model for Lead in
Children (IEUBK model), which is widely used and accepted as a tool
that informs the evaluation of site-specific data. More recently, in
recognition of the need for a single model that predicts Pb
concentrations in tissues for children and adults, the EPA has been
developing the All Ages Lead Model (AALM) to provide researchers and
risk assessors with a pharmacokinetic model capable of estimating
blood, tissue, and bone concentrations of Pb based on estimates of
exposure over the lifetime of the individual (USEPA, 2006a, sections
4.4.5 and 4.4.8; USEPA, 2013a, section 3.6). The EPA's research
activities on substances including Pb, such as those identified here,
focus on improving our characterization of health and environmental
effects, exposure, and control or management of environmental releases
(see https://www.epa.gov/research/).
Other federal agencies also participate in programs intended to
reduce Pb exposures. For example, programs of the Centers for Disease
Control and Prevention (CDC) provide for the tracking of children's
blood Pb levels in the U.S. and provide guidance on levels at which
medical and environmental case management activities should be
implemented (CDC, 2012; ACCLPP, 2012). As a result of coordinated,
intensive efforts at the national, state and local levels, including
those programs described above, blood Pb levels in all segments of the
population have continued to decline from levels observed in the past.
For example, blood Pb levels for the general population of children 1
to 5 years of age have dropped to a geometric mean level of 1.17 [mu]g/
dL in the 2009-2010 National Health and Nutrition Examination Survey
(NHANES) \6\ as compared to the geometric mean in 1999-2000 of 2.23
[micro]g/dL and in 1988-1991 of 3.6 [mu]g/dL (USEPA, 2013a, section
3.4.1; USEPA, 2006a, AX4-2). Similarly, statistics for the distribution
of blood Pb levels in non-Hispanic black and lower socioeconomic groups
of young children, which are generally higher than those for that
population as a whole, have also declined, as have the differences in
these statistics between non-Hispanic black and other groups, as well
as between lower and higher socioeconomic groups (USEPA, 2013a,
sections 3.4.1, 5.2.3 and 5.2.4; Jones et al., 2009).
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\6\ Since the completion of the ISA, more recent NHANES data
indicate the geometric mean blood Pb concentration for children in
the U.S. population, aged one to five, to have declined to 0.97
[mu]g/dL in the 2011-2012 survey (CDC, 2015).
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The EPA also participates in a broad range of international
programs focused on reducing environmental releases and human exposures
in other countries. For example, the Partnership for Clean Fuels and
Vehicles program engages governments and stakeholders in developing
countries to eliminate Pb in gasoline globally.\7\ From 2007 to 2011,
the number of countries known to still be using leaded gasoline was
reduced from just over 20 to six (USEPA, 2011c). As of January, leaded
gasoline for on-road use is known to be available (along with unleaded
gasoline) in three countries.\8\
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\7\ International programs in which the U.S. participates,
including those identified here, are described at: https://www.epa.gov/international-cooperation, https://www.unep.org/transport/pcfv/, https://www.unep.org/hazardoussubstances/Home/tabid/197/hazardoussubstances/LeadCadmium/PrioritiesforAction/GAELP/tabid/6176/Default.aspx.
\8\ UNEP. ``Leaded Petrol Phase-out: Global Status as at January
2016'' map downloaded from https://www.unep.org/transport/new/pcfv/.
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The EPA is a contributor to the Global Alliance to Eliminate Lead
Paint, a voluntary public-private partnership jointly led by the World
Health Organization and the United Nations Environment Programme (UNEP)
to prevent children's exposure to Pb from paints containing Pb and to
minimize occupational exposures to Pb paint. The objective of this
alliance is to promote a phase-out of the manufacture and sale of
paints containing Pb and eventually to eliminate the risks that such
paints
[[Page 71910]]
pose. The UNEP is also engaged on the problem of managing wastes
containing Pb, including Pb-containing batteries. The Governing Council
of the UNEP, of which the U.S. is a member, has adopted decisions
focused on promoting the environmentally sound management of products,
wastes and contaminated sites containing Pb and reducing risks to human
health and the environment from Pb and cadmium throughout the life
cycles of those substances (UNEP Governing Council, 2011, 2013). The
EPA is also engaged in the issue of environmental impacts of spent Pb-
acid batteries internationally through the Commission for Environmental
Cooperation (CEC), where the EPA Administrator along with the cabinet-
level or equivalent representatives of Mexico and Canada comprise the
CEC's senior governing body (CEC Council).\9\
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\9\ The CEC was established to support cooperation among the
North American Free Trade Agreement partners to address
environmental issues of continental concern, including the
environmental challenges and opportunities presented by continent-
wide free trade.
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C. Review of the Air Quality Criteria and Standards for Lead
Unlike pollutants such as particulate matter and carbon monoxide,
air quality criteria had not been issued for Pb as of the enactment of
the CAA of 1970, which first set forth the requirement to set NAAQS
based on air quality criteria. In the years just after enactment of the
CAA, the EPA did not list Pb under section 108 of the Act, having
determined to control Pb air pollution through regulations to phase out
the use of Pb additives in gasoline (see 41 FR 14921, April 8, 1976).
However, the decision not to list Pb under section 108 was challenged
by environmental and public health groups, and the U.S. District Court
for the Southern District of New York concluded that the EPA was
required to list Pb under section 108. Natural Resources Defense
Council v. EPA, 411 F. Supp. 864 21 (S.D. N.Y. 1976), affirmed, 545
F.2d 320 (2d Cir. 1978). Accordingly, on April 8, 1976, the EPA
published a notice in the Federal Register that Pb had been listed
under section 108 as a criteria pollutant (41 FR 14921, April 8, 1976),
and on October 5, 1978, the EPA promulgated primary and secondary NAAQS
for Pb under section 109 of the Act (43 FR 46246, October 5, 1978).
Both primary and secondary standards were set at a level of 1.5
micrograms per cubic meter ([mu]g/m\3\), measured as Pb in total
suspended particles (Pb-TSP), not to be exceeded by the maximum
arithmetic mean concentration averaged over a calendar quarter. These
standards were based on the 1977 Air Quality Criteria for Lead (USEPA,
1977).
The first review of the Pb standards was initiated in the mid-
1980s. The scientific assessment for that review is described in the
1986 Air Quality Criteria for Lead (USEPA, 1986a; henceforth referred
to as the 1986 CD), the associated Addendum (USEPA, 1986b) and the 1990
Supplement (USEPA, 1990a). As part of the review, the agency designed
and performed human exposure and health risk analyses (USEPA, 1989),
the results of which were presented in a 1990 Staff Paper (USEPA,
1990b). Based on the scientific assessment and the human exposure and
health risk analyses, the 1990 Staff Paper presented recommendations
for consideration by the Administrator (USEPA, 1990b). After
consideration of the documents developed during the review and the
significantly changed circumstances since Pb was listed in 1976, the
agency did not propose any revisions to the 1978 Pb NAAQS. In a
parallel effort, the agency developed the broad, multi-program,
multimedia, integrated U.S. Strategy for Reducing Lead Exposure (USEPA,
1991). As part of implementing this strategy, the agency focused
efforts primarily on regulatory and remedial clean-up actions aimed at
reducing Pb exposures from a variety of nonair sources judged to pose
more extensive public health risks to U.S. populations, as well as on
actions to reduce Pb emissions to air, such as bringing more areas into
compliance with the existing Pb NAAQS (USEPA, 1991). The EPA continues
this broad, multi-program, multimedia approach to reducing Pb exposures
today, as described in section I.B above.
The last review of the air quality criteria and standards for Pb
was initiated in November 2004 (69 FR 64926, November 9, 2004); the
agency's plans for preparation of the Air Quality Criteria Document
(AQCD) and conduct of the NAAQS review were presented in documents
completed in 2005 and early 2006 (USEPA, 2005a; USEPA 2006b).\10\ The
schedule for completion of the review was governed by a judicial order
in Missouri Coalition for the Environment v. EPA (No. 4:04CV00660 ERW,
September 14, 2005; and amended on April 29, 2008 and July 1, 2008).
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\10\ In the current review, these two documents have been
combined in the Integrated Review Plan for the National Ambient Air
Quality Standards for Lead (USEPA, 2011a).
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The scientific assessment for the review is described in the 2006
Air Quality Criteria for Lead (USEPA, 2006a; henceforth referred to as
the 2006 CD), multiple drafts of which received review by CASAC and the
public. The EPA also conducted human exposure and health risk
assessments and a pilot ecological risk assessment for the review after
consultation with the CASAC and receiving public comment on a draft
analysis plan (USEPA, 2006c). Drafts of these quantitative assessments
were reviewed by CASAC and the public. The pilot ecological risk
assessment was released in December 2006 (ICF International, 2006), and
the final health risk assessment report was released in November 2007
(USEPA, 2007a). The policy assessment, based on both of these
assessments, air quality analyses and key evidence from the 2006 CD,
was presented in the Staff Paper (USEPA, 2007b), a draft of which also
received CASAC and public review. The final Staff Paper presented OAQPS
staff's evaluation of the public health and welfare policy implications
of the key studies and scientific information contained in the 2006 CD
and presented and interpreted results from the quantitative risk/
exposure analyses conducted for this review. Based on this evaluation,
the Staff Paper presented OAQPS staff recommendations that the
Administrator give consideration to substantially revising the primary
and secondary standards to a range of levels at or below 0.2 [micro]g/
m\3\.
Immediately subsequent to completion of the Staff Paper, the EPA
issued an advance notice of proposed rulemaking (ANPR) that was signed
by the Administrator on December 5, 2007 (72 FR 71488, December 17,
2007).\11\ The CASAC provided advice and recommendations to the
Administrator with regard to the Pb NAAQS based on its review of the
ANPR and the previously released final Staff Paper and risk assessment
reports. In 2008, the proposed decision on revisions to the Pb NAAQS
was signed on May 1, and published in the Federal Register on May 20
(73 FR 29184, May 20, 2008). Members of the public provided comments,
and the CASAC Pb Panel also provided advice and recommendations to the
Administrator based on its review of the proposal. The decision on
revisions to the Pb NAAQS was signed on October 15, 2008, and published
in the Federal Register on November 12, 2008 (73 FR 66964, November 12,
2008).
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\11\ The ANPR, one of the features of the revised NAAQS review
process that EPA instituted in 2006, was replaced by reinstatement
of the Policy Assessment prepared by OAQPS staff (previously termed
the OAQPS Staff Paper) in 2009 (Jackson, 2009).
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[[Page 71911]]
The November 2008 preamble to the final rule described the EPA's
decision to revise the primary and secondary standards for Pb, as
discussed more fully in sections II.A.1 and III.A below. In
consideration of the much-expanded health effects evidence on
neurocognitive effects of Pb in children, the EPA substantially revised
the primary standard level from 1.5 [micro]g/m\3\ to a level of 0.15
[micro]g/m\3\. The averaging time was revised to a rolling 3-month
period with a maximum (not-to-be-exceeded) form, evaluated over a 3-
year period. The indicator of Pb-TSP was retained, reflecting the
evidence that Pb particles of all sizes pose health risks. The
secondary standard was revised to be identical in all respects to the
revised primary standard (40 CFR 50.16). Revisions to the NAAQS were
accompanied by revisions to the data handling procedures, the treatment
of exceptional events and the ambient air monitoring and reporting
requirements, as well as emissions inventory reporting requirements.
One aspect of the revised data handling requirements is the allowance
for the use of monitoring for particulate matter with mean diameter
below 10 microns (Pb-PM10) for Pb NAAQS attainment purposes
in certain limited circumstances at non-source-oriented sites.
Subsequent to the 2008 rulemaking, additional revisions were made to
the monitoring network requirements (75 FR 81126, December 27, 2010).
Guidance on the approach for implementation of the new standards was
described in the preambles for the proposed and final rules (73 FR
29184, May 20, 2008; 73 FR 66964, November 12, 2008).
On February 26, 2010, the EPA formally initiated its current review
of the air quality criteria and standards for Pb, requesting the
submission of recent scientific information on specified topics (75 FR
8934, February 26, 2010). Soon after this, the EPA held a workshop to
discuss the policy-relevant science, which informed identification of
key policy issues and questions to frame the review (75 FR 20843, April
21, 2010). Drawing from the workshop discussions, the EPA developed the
draft Integrated Review Plan (draft IRP, USEPA, 2011d). The draft IRP
was made available in late March 2011 for consultation with the CASAC
Pb Review Panel and for public comment (76 FR 20347, April 12, 2011).
This document was discussed by the Panel via a publicly accessible
teleconference consultation on May 5, 2011 (76 FR 21346, April 15,
2011; Frey, 2011a). The final Integrated Review Plan for the National
Ambient Air Quality Standards for Lead (IRP), developed in
consideration of the CASAC consultation and public comment, was
released in November 2011 (USEPA, 2011a; 76 FR 76972, December 9,
2011).
In developing the Integrated Science Assessment (ISA) \12\ for this
review, the EPA held a workshop in December 2010 to discuss with
invited scientific experts preliminary draft materials and released the
first external review draft of the document for CASAC review and public
comment in May 2011 (USEPA, 2011e; 76 FR 26284, May 6, 2011; 76 FR
36120, June 21, 2011). The CASAC Pb Review Panel met at a public
meeting on July 20, 2011, to review the draft ISA (76 FR 36120, June
21, 2011). The CASAC provided comments in a December 9, 2011, letter to
the EPA Administrator (Frey and Samet, 2011). The second external
review draft ISA was released for CASAC review and public comment in
February 2012 (USEPA, 2012a; 77 FR 5247, February 2, 2012) and was the
subject of a public meeting on April 10-11, 2012 (77 FR 14783, March
13, 2012). The CASAC provided comments in a July 20, 2012, letter
(Samet and Frey, 2012). The third external review draft was released
for CASAC review and public comment in November 2012 (USEPA, 2012b; 77
FR 70776, November 27, 2012) and was the subject of a public meeting on
February 5-6, 2013 (78 FR 938, January 7, 2013). The CASAC provided
comments in a June 4, 2013, letter (Frey, 2013a). The final ISA was
released in late June 2013 (USEPA, 2013a, henceforth referred to as the
ISA; 78 FR 38318, June 26, 2013).
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\12\ As of this review, the document developed in NAAQS reviews
in which the air quality criteria are assessed, previously the AQCD,
is the ISA, and the document describing the OAQPS staff evaluation,
previously the Staff Paper, is the PA. These documents are described
in the IRP.
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In June 2011, the EPA developed and released the Risk and Exposure
Assessment Planning Document (REA Planning Document) for consultation
with the CASAC and public comment (USEPA, 2011b; 76 FR 58509). This
document presented a critical evaluation of the information related to
Pb human and ecological exposure and risk (e.g., data, modeling
approaches) newly available in this review, with a focus on
consideration of the extent to which new or substantially revised REAs
for health and ecological risk might be warranted by the newly
available evidence. Evaluation of the newly available information with
regard to designing and implementing health and ecological REAs for
this review led us to conclude that the currently available information
did not provide a basis for developing new quantitative risk and
exposure assessments that would have substantially improved utility for
informing the agency's consideration of health and welfare effects and
evaluation of the adequacy of the current primary and secondary
standards, respectively (REA Planning Document, sections 2.3 and 3.3,
respectively). The CASAC Pb Review Panel provided consultative advice
on that document and its conclusions at a public meeting on July 21,
2011 (76 FR 36120, June 21, 2011; Frey, 2011b). Based on its
consideration of the REA Planning Document analysis, the CASAC Pb
Review Panel generally concurred with the conclusion that a new REA was
not warranted in this review (Frey, 2011b; Frey, 2013b). In
consideration of the conclusions reached in the REA Planning Document
and CASAC's consultative advice, the EPA has not developed REAs for
health and ecological risk for this review. We have considered the
findings from the last review for human exposure and health risk
(USEPA, 2007a, henceforth referred to as the 2007 REA) and ecological
risk (ICF International, 2006; henceforth referred to as the 2006 REA)
with regard to any appropriate further interpretation in light of the
evidence newly available in this review, as described in the Policy
Assessment (PA) and proposal.
A draft of the PA was released for public comment and review by
CASAC in January 2013 (USEPA, 2013b; 77 FR 70776, November 27, 2012)
and was the subject of a public meeting on February 5-6, 2013 (78 FR
938, January 7, 2013). Comments provided by the CASAC in a June 4,
2013, letter (Frey, 2013b), as well as public comments received on the
draft PA were considered in preparing the final PA, which was released
in May 2014 (USEPA, 2014; 79 FR 26751, May 9, 2014). The proposed
decision (henceforth ``proposal'') on this review of the NAAQS for Pb
was signed on December 19, 2014, and published in the Federal Register
on January 5, 2015. Written comments were received from twelve
commenters during the public comment period on the proposal.
Significant issues raised in the public comments and the EPA's
responses to those comments are discussed in the preamble of this final
action.
As in prior NAAQS reviews, the EPA is basing its decision in this
review on studies and related information included in the ISA and
PA,\13\ which
[[Page 71912]]
have undergone CASAC and public review. The studies assessed in the ISA
\14\ and PA, and the integration of the scientific evidence presented
in them, have undergone extensive critical review by the EPA, the
CASAC, and the public. The rigor of that review makes these studies,
and their integrative assessment, the most reliable source of
scientific information on which to base decisions on the NAAQS,
decisions that all parties recognize as of great import. Decisions on
the NAAQS can have profound impacts on public health and welfare, and
NAAQS decisions should be based on studies that have been rigorously
assessed in an integrative manner not only by the EPA but also by the
statutorily mandated independent scientific advisory committee, as well
as the public review that accompanies this process. Some commenters
have referred to and discussed individual scientific studies on the
health effects of Pb that were not included in the ISA (`` `new'
studies''). In considering and responding to comments for which such
``new'' studies were cited in support, the EPA has provisionally
considered the cited studies in the context of the findings of the ISA.
The EPA's provisional consideration of these studies did not and could
not provide the kind of in-depth critical review described above.
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\13\ As a new REA was not warranted in this review, the exposure
and risk information from the last review (2007 REA; 2006 REA) is
summarized in the PA in the context of the currently available
health and welfare effects evidence.
\14\ Studies were identified for the Pb ISA based on the
review's opening ``call for information'' (75 FR 8934), as well as
literature searches conducted routinely ``to identify studies
published since the last review, focusing on studies published from
2006 (close of the previous scientific assessment) through September
2011'' (ISA, p. 1-2). In a subsequent step, ``[s]tudies that have
undergone scientific peer review and have been published or accepted
for publication and reports that have undergone review are
considered for inclusion in the ISA'' and ``[a]nalyses conducted by
EPA using publicly available data are also considered for inclusion
in the ISA'' (ISA, p. xlv). References ``that were considered for
inclusion or actually cited in this ISA can be found at https://hero.epa.gov/lead'' (ISA, p. 1-2).
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The decision to rely on studies and related information included in
the ISA, REAs and PA, which have undergone CASAC and public review, is
consistent with the EPA's practice in prior NAAQS reviews and its
interpretation of the requirements of the CAA. Since the 1970
amendments, the EPA has taken the view that NAAQS decisions are to be
based on scientific studies and related information that have been
assessed as a part of the pertinent air quality criteria, and the EPA
has consistently followed this approach. This longstanding
interpretation was strengthened by new legislative requirements enacted
in 1977, which added section 109(d)(2) of the Act concerning CASAC
review of air quality criteria. See 71 FR 61144, 61148 (October 17,
2006, final decision on review of NAAQS for particulate matter) for a
detailed discussion of this issue and the EPA's past practice.
As discussed in the EPA's 1993 decision not to revise the NAAQS for
ozone, ``new'' studies may sometimes be of such significance that it is
appropriate to delay a decision on revision of a NAAQS and to
supplement the pertinent air quality criteria so the studies can be
taken into account (58 FR at 13013-13014, March 9, 1993). In the
present case, the EPA's provisional consideration of ``new'' studies
concludes that, taken in context, the ``new'' information and findings
do not materially change any of the broad scientific conclusions
regarding the health and welfare effects and exposure pathways of Pb in
ambient air made in the air quality criteria. For this reason,
reopening the air quality criteria review would not be warranted.
Accordingly, the EPA is basing the final decisions in this review
on the studies and related information included in the Pb air quality
criteria that have undergone CASAC and public review. The EPA will
consider the ``new'' studies for purposes of decision making in the
next periodic review of the NAAQS for Pb, which the EPA expects to
begin soon after the conclusion of this review and which will provide
the opportunity to fully assess these studies through a more rigorous
review process involving the EPA, CASAC, and the public.
D. Multimedia, Multipathway Aspects of Lead
Since Pb is distributed from air to other media and is persistent,
our review of the NAAQS for Pb considers the protection provided
against effects associated both with exposures to Pb in ambient air and
with exposures to Pb that makes its way into other media from ambient
air. Additionally, in assessing the adequacy of protection afforded by
the current NAAQS, we are mindful of the long history of greater and
more widespread atmospheric emissions that occurred in previous years
(both before and after establishment of the 1978 NAAQS) and that
contributed to the Pb that is in human populations and ecosystems
today. Likewise, we also recognize the role of other, nonair sources of
Pb now and in the past that also contribute to the Pb that is in human
populations and ecosystems today.
Lead emitted to ambient air is transported through the air and is
also distributed from air to other media. This multimedia distribution
of Pb emitted into ambient air (air-related Pb) contributes to multiple
air-related pathways of human and ecosystem exposure (ISA, sections
3.1.1 and 3.7.1). Air-related pathways may also involve media other
than air, including indoor and outdoor dust, soil, surface water and
sediments, vegetation and biota. Air-related Pb exposure pathways for
humans include inhalation of ambient air or ingestion of food, water or
other materials, including dust and soil, that have been contaminated
through a pathway involving Pb deposition from ambient air (ISA,
section 3.1.1.1). Ambient air inhalation pathways include both
inhalation of air outdoors and inhalation of ambient air that has
infiltrated into indoor environments. The air-related ingestion
pathways occur as a result of Pb passing through the ambient air, being
distributed to other environmental media and contributing to human
exposures via contact with and ingestion of indoor and outdoor dusts,
outdoor soil, food and drinking water.
Lead currently occurring in nonair media may also derive from
sources other than ambient air (nonair Pb sources) (ISA, sections 2.3
and 3.7.1). For example, Pb in dust inside some houses or outdoors in
some urban areas may derive from the common past usage of leaded paint,
while Pb in drinking water may derive from the use of leaded pipe or
solder in drinking water distribution systems (ISA, section 3.1.3.3).
We also recognize the history of much greater air emissions of Pb in
the past, such as that associated with leaded gasoline usage and higher
industrial emissions which have left a legacy of Pb in other (nonair)
media.
The relative importance of different pathways of human exposure to
Pb, as well as the relative contributions from Pb resulting from recent
and historic air emissions and from nonair sources, vary across the
U.S. population as a result of both extrinsic factors, such as a home's
proximity to industrial Pb sources or its history of leaded paint
usage, and intrinsic factors, such as a person's age and nutritional
status (ISA, sections 5.1, 5.2, 5.2.1, 5.2.5 and 5.2.6). Thus, the
relative contributions from specific pathways are situation specific
(ISA, p. 1-11), although a predominant Pb exposure pathway for very
young children is the incidental ingestion of indoor dust by hand-to-
mouth activity (ISA, section 3.1.1.1). For adults, however, diet may be
the primary Pb exposure pathway (2006 CD, section 3.4). Similarly, the
relative importance of air-related and nonair-related Pb also varies
with the relative magnitudes of
[[Page 71913]]
exposure by those pathways, which may vary with different
circumstances.
The distribution of Pb from ambient air to other environmental
media also influences the exposure pathways for organisms in
terrestrial and aquatic ecosystems. Exposure of terrestrial animals and
vegetation to air-related Pb can occur by contact with ambient air or
by contact with soil, water or food items that have been contaminated
by Pb from ambient air (ISA, section 6.2). Transport of Pb into aquatic
systems similarly provides for exposure of biota in those systems, and
exposures may vary among systems as a result of differences in sources
and levels of contamination, as well as characteristics of the systems
themselves, such as salinity, pH and turbidity (ISA, section 2.3.2). In
addition to Pb contributed by current atmospheric deposition, Pb may
occur in aquatic systems as a result of nonair sources such as
industrial discharges or mine-related drainage, of historical air Pb
emissions (e.g., contributing to deposition to a water body or via
runoff from soils near historical air sources) or combinations of
different types of sources (e.g., resuspension of sediments
contaminated by urban runoff and surface water discharges).
The persistence of Pb contributes an important temporal aspect to
lead's environmental pathways, and the time (or lag) associated with
realization of the impact of air Pb concentrations on concentrations in
other media can vary with the media (e.g., ISA, section 6.2.2). For
example, exposure pathways most directly involving Pb in ambient air or
surface waters can respond more quickly to changes in ambient air Pb
concentrations, while pathways involving exposure to Pb in soil or
sediments generally respond more slowly.\15\ An additional influence on
the response time for nonair media is the environmental presence of Pb
associated with past, generally higher, air concentrations. For
example, after a reduction in air Pb concentrations, the time needed
for sediment or surface soil concentrations to indicate a response to
reduced air Pb concentrations might be expected to be longer in areas
of more substantial past contamination than in areas with lesser past
contamination. Thus, considering the Pb concentrations occurring in
nonair environmental media as a result of air quality conditions that
meet the current NAAQS is a complexity of this review, as it also was,
although to a lesser degree, with regard to the prior standard in the
last review.
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\15\ The time it takes for exposures to be reduced in response
to reductions in air Pb concentrations varies with the various
inhalation and ingestion exposure pathways. For example, exposures
resulting from human exposure pathways most directly involving Pb in
ambient air and exchanges of ambient air with indoor air (e.g.,
inhalation) can respond most quickly, while those for pathways
involving exposure to Pb deposited from ambient air into the
environment (e.g., diet) may be expected to respond more slowly. The
extent of this will be influenced by the magnitude of change, as
well as--for deposition-related pathways--the extent of prior
deposition and environment characteristics influencing availability
of prior deposited Pb.
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E. Air Quality Monitoring
Lead emitted to the air is predominantly in particulate form. Once
emitted, particle-bound Pb can be transported long or short distances
depending on particle size, which influences the amount of time spent
in the aerosol phase. In general, larger particles tend to deposit more
quickly, within shorter distances from emissions points, compared with
smaller particles that remain in the aerosol phase and travel longer
distances before depositing (ISA, section 1.2.1). Accordingly, airborne
concentrations of Pb near sources are much higher (and the
representation of larger particles generally greater) than at sites not
directly influenced by sources (PA, Figure 2-11; ISA sections 2.3.1 and
2.5.3).
Ambient air monitoring data for Pb, in terms of Pb-TSP, Pb-
PM10 or Pb in particulate matter with mean aerodynamic
diameter less than or equal to 2.5 microns (Pb-PM2.5), are
currently collected in several national networks. Monitoring conducted
for purposes of Pb NAAQS surveillance is regulated to ensure accurate
and comparable data for determining compliance with the NAAQS. In order
to be used in NAAQS attainment designations, ambient Pb concentration
data must be obtained using either the federal reference method (FRM)
or a federal equivalent method (FEM). The FRMs for sample collection
and analysis are specified in 40 CFR part 50. The procedures for
approval of FRMs and FEMs are specified in 40 CFR part 53. In 2013,
after consultation with the CASAC's Ambient Air Monitoring and Methods
Subcommittee, the EPA adopted a new FRM for Pb-TSP, based on
inductively coupled plasma-mass spectrometry (78 FR 40000, July 3,
2013). The previous FRM was retained as an FEM, and existing FEMs were
retained as well.
The Pb NAAQS surveillance network regulations (40 CFR part 58,
appendix D, paragraph 4.5) require source-oriented monitoring sites,
and also the collection of one year of Pb-TSP measurements at 15
specific airports. The indicator for the current Pb NAAQS is Pb-TSP,
although in some situations,\16\ Pb-PM10 concentrations may
be used in judging nonattainment. Currently, more than 200 Pb-TSP
monitors are in operation; these are a mixture of source- and non-
source-oriented monitors (PA, p. 2-14).
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\16\ The Pb-PM10 measurements may be used for NAAQS
monitoring as an alternative to Pb-TSP measurements in certain
conditions defined in 40 CFR part 58, appendix C, section 2.10.1.2.
These conditions include where Pb concentrations are not expected to
equal or exceed 0.10 [mu]g/m\3\ as an arithmetic 3-month mean and
where the source of Pb emissions is expected to emit a substantial
majority of its Pb in the size fraction captured by PM10
monitors.
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Since the phase-out of Pb in on-road gasoline, Pb is widely
recognized as a near-source air pollutant, the ambient air
concentrations of which generally fall off quickly with distance from
sources. Variability in ambient air Pb concentrations is highest in
areas including a Pb source, ``with high concentrations downwind of the
sources and low concentration at areas far from sources'' (ISA, p. 2-
92). The current requirements for source-oriented monitoring include
placement of monitor sites near sources of air Pb emissions that are
expected to or have been shown to contribute to ambient air Pb
concentrations in excess of the NAAQS. At a minimum, there must be one
source-oriented site located to measure the maximum Pb concentration in
ambient air resulting from each non-airport Pb source that emits 0.50
or more tons of Pb per year and from each airport that emits 1.0 or
more tons of Pb per year.\17\ The EPA Regional Administrators may
require additional monitoring beyond the minimum requirements where the
likelihood of Pb air quality violations is significant or where the
emissions density, topography, or population locations are complex and
varied. Such locations may include those near additional industrial Pb
sources, recently closed industrial sources and other sources of re-
entrained Pb dust, as well as airports where piston-engine aircraft
emit Pb associated with combustion of leaded aviation fuel (40 CFR part
58, appendix D, section 4.5(c)). A single year of monitoring was also
required near 15 specific airports\18\ in order to gather
[[Page 71914]]
additional information on ambient air Pb concentrations near airports,
including specifically on the likelihood of NAAQS exceedances due to
the combustion of leaded aviation gasoline (75 FR 81126, December 27,
2010; 40 CFR part 58, appendix D, 4.5(a)(iii)). These airport
monitoring data along with other data gathering and analyses will
inform the EPA's ongoing investigation under section 231(a)(2)(A) of
the CAA of whether Pb emissions from piston-engine aircraft cause or
contribute to air pollution which may reasonably be anticipated to
endanger public health or welfare (see for example, EPA's Advance
Notice of Proposed Rulemaking on Lead Emissions From Piston-Engine
Aircraft Using Leaded Aviation Gasoline, 75 FR 22439, April 28, 2010).
The EPA is conducting this investigation separate from the Pb NAAQS
review. As a whole, the various data gathering efforts and analyses are
expected to improve our understanding of Pb concentrations in ambient
air near airports and conditions influencing these concentrations.
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\17\ The Regional Administrator may waive this requirement for
monitoring near Pb sources if the state or, where appropriate, local
agency can demonstrate the Pb source will not contribute to a
maximum 3-month average Pb concentration in ambient air in excess of
50 percent of the NAAQS level based on historical monitoring data,
modeling, or other means (40 CFR part 58, appendix D, section
4.5(a)(ii)).
\18\ These airports were selected based on three criteria:
annual Pb inventory between 0.5 ton/year and 1.0 ton/year, ambient
air within 150 meters of the location of maximum emissions (e.g.,
the end of the runway or run-up location), and airport configuration
and meteorological scenario that leads to a greater frequency of
operations from one runway. These criteria or characteristics were
selected as they were expected, ``collectively, to identify airports
with the highest potential to have ambient air Pb concentrations
approaching or exceeding the Pb NAAQS'' (75 FR 81132, December 27,
2010).
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Monitoring agencies may also conduct non-source-oriented Pb
monitoring at the NCore monitoring sites.\19\ In 2015, all NCore sites
with a population of 500,000 or more (as defined by the U.S. Census
Bureau) \20\ were measuring Pb concentrations, with a 2014 analysis
indicating generally similar numbers of sites measuring Pb in TSP and
Pb in PM10 (Cavender, 2014). These numbers may change in the
future as the requirement for Pb monitoring at these sites was recently
eliminated in consideration of current information indicating
concentrations at these sites to be well below the Pb NAAQS and of the
existence of other monitoring networks that provide information on Pb
concentrations at similar types of sites (81 FR 17248, March 28, 2016).
The data available for the NCore sites indicate maximum 3-month average
concentrations (of Pb-PM10 or Pb-TSP) well below the level
of the Pb NAAQS, with the large majority of these sites indicating
maximum 3-month average concentrations at or below 0.01 [micro]g/m\3\
(Cavender, 2014). Other monitoring networks that provide data on Pb in
PM10 or PM2.5 at non-source-oriented urban, and
some rural, sites include the National Air Toxics Trends Stations for
PM10 and the Chemical Speciation Network for
PM2.5. Data on Pb in PM2.5 are also provided at
the rural sites of the Interagency Monitoring of Protected Visual
Environments network (also known as the IMPROVE network).
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\19\ The NCore network that formally began in January 2011, is a
subset of the state and local air monitoring stations network that
is intended to meet multiple monitoring objectives (e.g., long-term
trends analysis, model evaluation, health and ecosystem studies, as
well as NAAQS compliance). The complete NCore network consists of 63
urban and 15 rural stations, with each state containing at least one
NCore station; 46 of the states plus Washington, DC and Puerto Rico
have at least one urban station.
\20\ Metropolitan area population size information is available
at the Census Bureau Web site (https://www.census.gov/population/www/metroareas/metroarea.htm).
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The long-term record of Pb monitoring data documents the dramatic
decline in atmospheric Pb concentrations that has occurred since the
1970s in response to reduced emissions (PA, Figures 2-1 and 2-7).
Currently, the highest concentrations occur near some metals industries
where some individual locations have concentrations that exceed the
NAAQS (PA, Figure 2-10). Concentrations at non-source-oriented
monitoring sites are much lower than those at source-oriented sites and
well below the standard (PA, Figure 2-11).
F. Summary of Proposed Decisions
For reasons discussed in the proposal and summarized in sections
II.B.1 and III.B.1 below, the Administrator proposed to retain the
current primary and secondary standards for Pb, without revision.
G. Organization and Approach to Final Decisions
This action presents the Administrator's final decisions in the
current review of the primary and secondary Pb standards. The final
decisions addressing standards for Pb are based on a thorough review in
the ISA of scientific information on known and potential human health
and welfare effects associated with exposure to Pb associated with
levels typically found in the ambient air. These final decisions also
take into account the following: (1) Staff assessments in the PA of the
most policy-relevant information in the ISA as well as quantitative
health and welfare exposure and risk information; (2) CASAC advice and
recommendations, as reflected in its letters to the Administrator and
its discussions of drafts of the ISA and PA at public meetings; (3)
public comments received during the development of these documents,
both in connection with CASAC meetings and separately; and (4) public
comments received on the proposal.
The primary standard is addressed in section II and the secondary
standard is addressed in section III. Section IV addresses applicable
statutory and executive order reviews.
II. Rationale for Decision on the Primary Standard
This section presents the rationale for the Administrator's
decision to retain the existing primary Pb standard. This rationale is
based on a thorough review in the ISA of the latest scientific
information, generally published through September 2011, on human
health effects associated with Pb and pertaining to the presence of Pb
in the ambient air. This decision also takes into account: (1) The PA's
staff assessments of the most policy-relevant information in the ISA
and staff analyses of air quality, human exposure and health risks,
upon which staff conclusions regarding appropriate considerations in
this review are based; (2) CASAC advice and recommendations, as
reflected in discussions of drafts of the ISA and PA at public
meetings, in separate written comments, and in the CASAC's letters to
the Administrator; (3) public comments received during the development
of these documents, either in connection with CASAC meetings or
separately, and (4) public comments received on the proposal.
Section II.A provides background on the general approach for review
of the primary standard for Pb and brief summaries of key aspects of
the currently available health effects and exposure/risk information.
Section II.B presents the Administrator's conclusions on adequacy of
the current standard, drawing on consideration of this information,
advice from the CASAC, and comments from the public. Section II.C
summarizes the Administrator's decision on the primary standard.
A. Introduction
As in prior reviews, the general approach to reviewing the current
primary standard is based, most fundamentally, on using the EPA's
assessment of the current scientific evidence and associated
quantitative analyses to inform the Administrator's judgment regarding
a primary standard for Pb that protects public health with an adequate
margin of safety. In drawing conclusions with regard to the primary
standard, the final decision on the adequacy of the current standard is
largely a public health policy judgment to be made by the
Administrator. The
[[Page 71915]]
Administrator's final decision must draw upon scientific information
and analyses about health effects, population exposure and risks, as
well as judgments about how to consider the range and magnitude of
uncertainties that are inherent in the scientific evidence and
analyses. The approach to informing these judgments, discussed more
fully below, is based on the recognition that the available health
effects evidence generally reflects a continuum, consisting of levels
at which scientists generally agree that health effects are likely to
occur, through lower levels at which the likelihood and magnitude of
the response become increasingly uncertain. This approach is consistent
with the requirements of the NAAQS provisions of the Act and with how
the EPA and the courts have historically interpreted the Act. These
provisions require the Administrator to establish primary standards
that, in the judgment of the Administrator, are requisite to protect
public health with an adequate margin of safety. In so doing, the
Administrator seeks to establish standards that are neither more nor
less stringent than necessary for this purpose. The Act does not
require that primary standards be set at a zero-risk level, but rather
at a level that avoids unacceptable risks to public health including
the health of sensitive groups. The four basic elements of the NAAQS
(indicator, averaging time, level, and form) are considered
collectively in evaluating the health protection afforded by the
current standard.
To evaluate whether it is appropriate to consider retaining the
current primary Pb standard, or whether consideration of revision is
appropriate, the EPA has adopted an approach in this review that builds
upon the general approach used in the last review and reflects the
broader body of evidence and information now available. As summarized
in section II.A.1 below, the Administrator's decisions in the prior
review were based on an integration of information on health effects
associated with exposure to Pb with that on relationships between
ambient air Pb and blood Pb; expert judgments on the adversity and
public health significance of key health effects; and policy judgments
as to when the standard is requisite to protect public health with an
adequate margin of safety. These considerations were informed by air
quality and related analyses, quantitative exposure and risk
assessments, and qualitative assessment of impacts that could not be
quantified.
Similarly in this review, as described in the PA, we draw on the
current evidence and quantitative assessments of exposure pertaining to
the public health risk of Pb in ambient air. In considering the
scientific and technical information here as in the PA, we consider
both the information available at the time of the last review and
information newly available since the last review, including most
particularly that which has been critically analyzed and characterized
in the current ISA. We additionally consider the quantitative exposure/
risk assessments from the last review that estimated Pb-related IQ
decrements associated with different air quality conditions in
simulated at-risk populations in multiple case studies (PA, section
3.4; 2007 REA). The evidence-based discussions presented below draw
upon evidence from epidemiological studies and experimental animal
studies evaluating health effects related to exposures to Pb, as
discussed in the ISA. The exposure/risk-based discussions have drawn
from the quantitative health risk analyses for Pb performed in the last
Pb NAAQS review in light of the currently available evidence (PA,
section 3.4; 2007 REA; REA Planning Document). Sections II.A.2 through
II.A.4 below provide an overview of the current health effects and
quantitative exposure and risk information with a focus on the specific
policy-relevant questions identified for these categories of
information in the PA (PA, chapter 3).
1. Background on the Current Standard
The current primary standard was established in the last review,
which was completed in 2008 (73 FR 66964, November 12, 2008), and is
set at a level that is one-tenth the level of the prior standard. The
2008 decision to substantially revise the primary standard was based on
the extensive body of scientific evidence published over almost three
decades, from the time the standard was originally set in 1978 through
2005-2006. While recognizing that Pb has been demonstrated to exert ``a
broad array of deleterious effects on multiple organ systems,'' the
2008 review focused on the effects most pertinent to recent ambient air
exposures, which are those associated with relatively lower exposures
and associated blood Pb levels (73 FR 66975, November 12, 2008). Given
the general scientific consensus that the developing nervous system in
children is among the most sensitive health endpoints associated with
Pb exposure, if not the most sensitive one, primary attention was given
to consideration of nervous system effects, including neurocognitive
and neurobehavioral effects, in children (73 FR 66976, November 12,
2008). The body of evidence included associations of such effects in
study populations of variously aged children with mean blood Pb levels
below 10 [micro]g/dL, extending from 8 down to 2 [micro]g/dL (73 FR
66976, November 12, 2008). Particular focus was given to the public
health implications of effects of air-related Pb on cognitive function
(e.g., IQ).
The conclusions reached by the Administrator in the 2008 review
were based primarily on the scientific evidence, with the risk- and
exposure-based information providing support for various aspects of the
decision. In reaching his conclusion on the adequacy of the then-
current standard, which was set in 1978, the Administrator placed
primary consideration on the large body of scientific evidence
available in the review including significant new evidence concerning
effects at blood Pb concentrations substantially below those identified
when the standard was initially set (73 FR 66987, November 12, 2008; 43
FR 46246, October 5, 1978). He gave particular attention to the robust
evidence of neurotoxic effects of Pb exposure in children, recognizing:
(1) That while blood Pb levels in U.S. children had decreased notably
since the late 1970s, newer epidemiological studies had investigated
and reported associations of effects on the neurodevelopment of
children with those more recent lower blood Pb levels and (2) that the
toxicological evidence included extensive experimental laboratory
animal evidence substantiating well the plausibility of the
epidemiological findings observed in human children and expanding our
understanding of likely mechanisms underlying the neurotoxic effects
(73 FR 66987, November 12, 2008). Additionally, within the range of
blood Pb levels investigated in the available evidence base, a
threshold level for neurocognitive effects was not identified (73 FR
66984, November 12, 2008; 2006 CD, p. 8-67). Further, the evidence
indicated a steeper concentration-response (C-R) relationship for
effects on cognitive function at those lower blood Pb levels than at
higher blood Pb levels that were more common in the past, ``indicating
the potential for greater incremental impact associated with exposure
at these lower levels'' (73 FR 66987, November 12, 2008).
Based on consideration of the health effects evidence, supported by
the quantitative risk analyses, the Administrator concluded that, for
exposures projected for air Pb concentrations at the level of the 1978
[[Page 71916]]
standard, the quantitative estimates of IQ loss associated with air-
related Pb indicated risk of a magnitude that, in his judgment, was
significant from a public health perspective, and that the 1978
standard did not protect public health with an adequate margin of
safety (73 FR 66987, November 12, 2008). The Administrator further
concluded that the evidence indicated the need for a substantially
lower standard level to provide increased public health protection,
especially for sensitive or at-risk groups (most notably children),
against an array of effects, most importantly including effects on the
developing nervous system (73 FR 66987, November 12, 2008). In
identifying the appropriate revised standard, revisions to each of the
four basic elements of the NAAQS (indicator, averaging time, form and
level) were considered.
With regard to indicator, the Administrator decided to retain Pb-
TSP as the indicator. The EPA recognized that the difference in
particulate Pb captured by TSP and PM10 monitors may be on
the order of a factor of two in some areas, and that ultra-coarse Pb
particles may have a greater presence in areas near sources where Pb
concentrations are highest, contributing uncertainty with regard to
whether a Pb-PM10-based standard would also effectively
control ultra-coarse Pb particles (73 FR 66991, November 12, 2008).
Accordingly, Pb-TSP was retained as the indicator in order to provide
sufficient public health protection from the broad range of particle
sizes of ambient air Pb, including ultra-coarse particles, given the
recognition that Pb in all particle sizes contributes to Pb in blood
and associated health effects (73 FR 66991, November 12, 2008).\21\
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\21\ However, in order to take advantage of the increased
precision of Pb-PM10 measurements and decreased spatial
variation of Pb-PM10 concentrations without raising the
same concerns over a lack of protection against health risks from
all particulate Pb emitted to the ambient air that support retention
of Pb-TSP as the indicator (versus revision to Pb-PM10),
a role was provided for Pb-PM10 measurements in the
monitoring required for a Pb-TSP standard (73 FR 66991, November 12,
2008) at sites not influenced by sources of ultra-coarse Pb, and
where Pb concentrations are well below the standard (73 FR 66991,
November 12, 2008).
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With regard to averaging time and form for the revised standard,
after giving consideration to a monthly averaging time, with a form of
second maximum, and to 3-month and calendar quarter averaging times,
with not-to-be exceeded forms, two changes were made. These were to a
rolling 3-month average, thus giving equal weight to all 3-month
periods, and to the method for deriving the 3-month average to provide
equal weighting to each month. Both of these changes afford greater
weight to each individual month than did the calendar quarter form of
the 1978 standard, thus tending to control both the likelihood that any
month will exceed the level of the standard and the magnitude of any
such exceedance. The Administrator decided on these changes in
recognition of the complexity inherent in this aspect of the standard
which is greater for Pb than in the case of other criteria pollutants
due to the multimedia nature of Pb and its multiple pathways of human
exposure. In this situation for Pb, the Administrator emphasized the
importance of considering in an integrated manner all of the relevant
factors, both those pertaining to the human physiological response to
changes in Pb exposures and those pertaining to the response of air-
related Pb exposure pathways to changes in airborne Pb, recognizing
that some factors might imply support for a period as short as a month
for averaging time, and others supporting use of a longer time, with
all having associated uncertainty. Based on such an integrated
consideration of the range of relevant factors, the averaging time was
revised to a rolling 3-month period with a maximum (not-to-be-exceeded)
form, evaluated over a 3-year period (73 FR 66996, November 12, 2008).
In reaching the decision on level for the revised standard, that,
in combination with the specified choice of indicator, averaging time,
and form, the Administrator judged requisite to protect public health,
including the health of sensitive groups, with an adequate margin of
safety, he considered the evidence using a very specifically defined
framework, referred to as an air-related IQ loss evidence-based
framework (73 FR 67004, November 12, 2008). This framework integrates
evidence for the relationship between Pb in air and Pb in young
children's blood with evidence for the relationship between Pb in young
children's blood and IQ loss (73 FR 66987, November 12, 2008). This
evidence-based approach considers air-related effects on neurocognitive
function (using the quantitative metric of IQ loss) associated with
exposure in those areas with elevated air concentrations equal to
potential alternative levels for the Pb standard. In simplest terms,
the framework focuses on children exposed to air-related Pb in those
areas with elevated air Pb concentrations equal to specific potential
standard levels, providing for estimation of a mean air-related IQ
decrement for young children with air-related exposures that are in the
high end of the national distribution of such exposures. Thus, the
conceptual context for the framework is that it provides estimates of
air-related IQ loss for the subset of U.S. children living in close
proximity to air Pb sources that contribute to such elevated air Pb
concentrations. Consideration of this framework additionally recognizes
that in such cases when a standard of a particular level is just met at
a monitor sited to record the highest source-oriented concentration in
an area, the large majority of children in the larger surrounding area
would likely experience exposures to concentrations well below that
level.
The two primary inputs to the air-related IQ loss evidence-based
framework are air-to-blood ratios \22\ and C-R functions for the
relationship between blood Pb concentration and IQ response in young
children (73 FR 67004, November 12, 2008). In applying and drawing
conclusions from the framework, the Administrator additionally took
into consideration the uncertainties inherent in these two inputs.
Application of the framework also entailed consideration of an
appropriate level of protection from air-related IQ loss to be used in
conjunction with the framework. The framework estimates of mean air-
related IQ loss are derived through multiplication of the following
factors: standard level ([micro]g/m\3\), air-to-blood ratio (albeit in
terms of [micro]g/dL blood Pb per [micro]g/m\3\ air concentration), and
slope for the C-R function in terms of points of IQ decrement per
[micro]g/dL blood Pb. In light of the uncertainties and limitations
associated with the evidence on these relationships, and other
considerations, application of the air-related IQ loss evidence-based
framework was recognized to provide ``no evidence- or risk-based bright
line that indicates a single appropriate level'' for the standard (73
FR 67005-67006, November 12, 2008). Rather, the framework was seen as a
useful guide, in the context of the specified averaging time and form,
for consideration of health risks from exposure to levels of Pb in the
ambient air to inform the Administrator's decision on a level for
[[Page 71917]]
a revised NAAQS that provides public health protection that is
sufficient but not more than necessary under the Act (73 FR 67004,
November 12, 2008).
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\22\ The term ``air-to-blood ratio'' describes the increase in
blood Pb (in [micro]g/dL) estimated to be associated with each unit
increase of air Pb (in [micro]g/m\3\). Ratios are presented in the
form of 1:x, with the 1 representing air Pb (in [micro]g/m\3\) and x
representing blood Pb (in [micro]g/dL). Description of ratios as
higher or lower refers to the values for x (i.e., the change in
blood Pb per unit of air Pb).
---------------------------------------------------------------------------
Use of the air-related IQ loss evidence-based framework to inform
selection of the standard level involved consideration of the evidence
for the two primary input parameters mentioned above. With regard to
air-to-blood ratio estimates, the evidence in the 2008 review indicated
a broad range of estimates, each with limitations and associated
uncertainties. Based on this evidence, the Administrator concluded that
1:5 to 1:10 represented a reasonable range to consider and focused on
1:7 as a generally central value (73 FR 67004, November 12, 2008). With
regard to C-R functions, in light of the evidence of nonlinearity and
of steeper slopes at lower blood Pb levels, the Administrator concluded
it was appropriate to focus on C-R analyses based on blood Pb levels
that most closely reflected the then-current population of young
children in the U.S.,\23\ recognizing the EPA's identification of four
such analyses and giving weight to the central estimate or median of
the resultant linear C-R functions (73 FR 67003, November 12, 2008,
Table 3; 73 FR 67004, November 12, 2008). The median estimate for the
four C-R slopes of -1.75 IQ points decrement per [micro]g/dL blood Pb
was selected for use with the framework. With the framework, potential
alternative standard levels ([micro]g/m\3\) are multiplied by estimates
of air-to-blood ratio ([micro]g/dL blood Pb per [micro]g/m\3\ air Pb)
and the median slope for the C-R function (points IQ decrement per
[micro]g/dL blood Pb), yielding estimates of a mean air-related IQ
decrement for a specific subset of young children (i.e., those children
exposed to air-related Pb in areas with elevated air Pb concentrations
equal to specified alternative levels). As such, the application of the
framework yields estimates for the mean air-related IQ decrements of
the subset of children expected to experience air-related Pb exposures
at the high end of the distribution of such exposures. The associated
mean IQ loss estimate is the average for this highly exposed subset and
is not the average air-related IQ loss projected for the entire U.S.
population of children. Uncertainties and limitations were recognized
in the use of the framework and in the resultant estimates (73 FR
67000, November 12, 2008).
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\23\ The geometric mean blood Pb level for U.S. children aged 5
years and below, reported for NHANES in 2003-04 (the most recent
years for which such an estimate was available at the time of the
2008 decision) was 1.8 [micro]g/dL and the 5th and 95th percentiles
were 0.7 [micro]g/dL and 5.1 [micro]g/dL, respectively (73 FR
67002). Using the air-to-blood ratio 1:7, the estimated air-related
blood Pb level associated with the final standard level is
approximately 1 [micro]g/dL. In the 2008 decision, the EPA noted
that even if it assumed, as an extreme hypothetical example, that
the mean for the general population of U.S. children included zero
contribution from air-related sources and added that to the estimate
of air-related Pb, the result would still be below the lowest mean
blood Pb level among the set of C-R analyses (73 FR 67002).
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In considering the use of the air-related IQ loss evidence-based
framework to inform his judgment as to the appropriate degree of public
health protection that should be afforded by the NAAQS to provide
requisite protection against risk of neurocognitive effects in
sensitive populations, such as IQ loss in children, the Administrator
recognized in the 2008 review that there were no commonly accepted
guidelines or criteria within the public health community that would
provide a clear basis for such a judgment. During the 2008 review,
CASAC commented regarding the significance from a public health
perspective of a 1-2 point IQ loss in the entire population of children
and, along with some commenters, emphasized that the NAAQS should
prevent air-related IQ loss of a significant magnitude, such as on the
order of 1-2 IQ points, in all but a small percentile of the
population. Similarly, the Administrator stated that ``ideally air-
related (as well as other) exposures to environmental Pb would be
reduced to the point that no IQ impact in children would occur'' (73 FR
66998, November 12, 2008). The Administrator further recognized that,
in the case of setting a national ambient air quality standard, he was
required to make a judgment as to what degree of protection is
requisite to protect public health with an adequate margin of safety
(73 FR 66998, November 12, 2008). The NAAQS must be sufficient but not
more stringent than necessary to achieve that result, and the Act does
not require a zero-risk standard (73 FR 66998, November 12, 2008). The
Administrator additionally recognized that the air-related IQ loss
evidence-based framework did not provide estimates pertaining to the
U.S. population of children as a whole. Rather, the framework provided
estimates (with associated uncertainties and limitations) for the mean
of a subset of that population, the subset of children assumed to be
exposed to the level of the standard. As described in the final
decision ``[t]he framework in effect focuses on the sensitive
subpopulation that is the group of children living near sources and
more likely to be exposed at the level of the standard'' (73 FR 67000,
November 12, 2008). Further description of the EPA's consideration of
this issue is provided in the preamble to the final decision rule (73
FR 67000, November 12, 2008):
EPA is unable to quantify the percentile of the U.S. population
of children that corresponds to the mean of this sensitive
subpopulation. Nor is EPA confident in its ability to develop
quantified estimates of air-related IQ loss for higher percentiles
than the mean of this subpopulation. EPA expects that the mean of
this subpopulation represents a high, but not quantifiable,
percentile of the U.S. population of children. As a result, EPA
expects that a standard based on consideration of this framework
would provide the same or greater protection from estimated air-
related IQ loss for a high, albeit unquantifiable, percentage of the
entire population of U.S. children.
In reaching a judgment as to the appropriate degree of protection,
the Administrator considered advice and recommendations from CASAC and
public comments and recognized the uncertainties in the health effects
evidence and related information as well as the role of, and context
for, a selected air-related IQ loss in the application of the
framework, as described above. Based on these considerations, the
Administrator identified an air-related IQ loss of 2 points for use
with the framework, as a tool for considering the evidence with regard
to the level for the standard (73 FR 67005, November 12, 2008). In so
doing, the Administrator was not determining that such an IQ decrement
value was appropriate in other contexts (73 FR 67005, November 12,
2008). Given the various uncertainties associated with the framework
and the scientific evidence base, and the focus of the framework on the
sensitive subpopulation of children that are more highly exposed to
air-related Pb, a standard level selected in this way, in combination
with the selected averaging time and form, was expected to
significantly reduce and limit for a high percentage of U.S. children
the risk of experiencing an air-related IQ loss of that magnitude (73
FR 67005, November 12, 2008). At the standard level of 0.15 [micro]g/
m\3\, with the combination of the generally central estimate of air-to-
blood ratio of 1:7 and the median of the four C-R functions (-1.75 IQ
point decrement per [micro]g/dL blood Pb), the framework estimates of
air-related IQ loss were below 2 IQ points (73 FR 67005, November 12,
2008, Table 4).
In reaching the decision in 2008 on a level for the revised
standard, the Administrator also considered the results of the
quantitative risk assessment to provide a useful
[[Page 71918]]
perspective on risk from air-related Pb. In light of important
uncertainties and limitations for purposes of evaluating potential
standard levels, however, the Administrator placed less weight on the
risk estimates than on the evidence-based assessment. Nevertheless, in
recognition of the general comparability of quantitative risk estimates
for the case studies considered most conceptually similar to the
scenario represented by the evidence-based framework, he judged the
quantitative risk estimates to be ``roughly consistent with and
generally supportive'' of the evidence-based framework estimates (73 FR
67006, November 12, 2008).
Based on consideration of the entire body of evidence and
information available in the review, as well as the recommendations of
CASAC and public comments, the Administrator decided that a level for
the primary Pb standard of 0.15 [micro]g/m\3\, in combination with the
specified choice of indicator, averaging time and form, was requisite
to protect public health, including the health of sensitive groups,
with an adequate margin of safety (73 FR 67006, November 12, 2008). In
reaching decisions on level as well as the other elements of the
revised standard, the Administrator took note of the complexity
associated with consideration of health effects caused by different
ambient air concentrations of Pb and with uncertainties with regard to
the relationships between air concentrations, exposures, and health
effects. For example, selection of a maximum, not to be exceeded, form
in conjunction with a rolling 3-month averaging time over a 3-year span
was expected to have the effect that the at-risk population of children
would be exposed below the standard most of the time (73 FR 67005,
November 12, 2008). The Administrator additionally considered the
provision of an adequate margin of safety in making decisions on each
of the elements of the standard, including, for example ``selection of
TSP as the indicator and the rejection of the use of PM10
scaling factors; selection of a maximum, not to be exceeded form, in
conjunction with a 3-month averaging time that employs a rolling
average, with the requirement that each month in the 3-month period be
weighted equally (rather than being averaged by individual data) and
that a 3-year span be used for comparison to the standard; and the use
of a range of inputs for the evidence-based framework, that includes a
focus on higher air-to-blood ratios than the lowest ratio considered to
be supportable, and steeper rather than shallower C-R functions, and
the consideration of these inputs in selection of 0.15 [mu]g/m\3\ as
the level of the standard'' (73 FR 67007, November 12, 2008).
The Administrator additionally noted that a standard with this
level would reduce the risk of a variety of health effects associated
with exposure to Pb, including effects indicated in the epidemiological
studies at lower blood Pb levels, particularly including neurological
effects in children, and the potential for cardiovascular and renal
effects in adults (73 FR 67006, November 12, 2008). The Administrator
additionally considered higher and lower levels for the standard,
concluding that a level of 0.15 [micro]g/m\3\ provided for a standard
that was neither more or less stringent than necessary for this
purpose, recognizing that the Act does not require that primary
standards be set at a zero-risk level, but rather at a level that
reduces risk sufficiently so as to protect public health with an
adequate margin of safety (73 FR 67007, November 12, 2008). For
example, the Administrator additionally considered potential public
health protection provided by standard levels above 0.15 [micro]g/m\3\,
which he concluded were insufficient to protect public health with an
adequate margin of safety. The Administrator also noted that in light
of all of the evidence, including the evidence-based framework, the
degree of public health protection likely afforded by standard levels
below 0.15 [micro]g/m\3\ would be greater than what is necessary to
protect public safety with an adequate margin of safety.
The Administrator concluded, based on review of all of the evidence
(including the evidence-based framework), that when taken as a whole
the selected standard, including the indicator, averaging time, form,
and level, would be ``sufficient but not more than necessary to protect
public health, including the health of sensitive subpopulations, with
an adequate margin of safety'' (73 FR 67007, November 12, 2008).
2. Overview of Health Effects Evidence
In this section, we provide an overview of the information
presented in section II.B of the proposal on policy-relevant aspects of
the health effects evidence available for consideration in this review.
Section II.B of the proposal provides a detailed summary of key
information contained in the ISA and in the PA on health and public
health effects of Pb, focusing particularly on the information most
relevant to consideration of effects associated with the presence of Pb
in ambient air (80 FR 290-297, January 5, 2015). The subsections below
briefly outline this information in the five topic areas addressed in
section II.B of the proposal.
a. Array of Effects
Lead has been demonstrated to exert a broad array of deleterious
effects on multiple organ systems as described in the assessment of the
evidence available in this review and consistent with conclusions of
past CDs (ISA, section 1.6; 2006 CD, section 8.4.1). A sizeable number
of studies on Pb health effects are newly available in this review and
are critically assessed in the ISA as part of the full body of
evidence. The newly available evidence reaffirms conclusions on the
broad array of effects recognized for Pb in the last review (see ISA,
section 1.10).\24\ Consistent with those conclusions, in the context of
pollutant exposures considered relevant to the Pb NAAQS review,\25\ the
ISA determines that causal relationships \26\ exist for Pb with effects
on the nervous system in children (cognitive function decrements and
the group of externalizing behaviors comprising attention, impulsivity
and hyperactivity), the hematological system (altered heme synthesis
and decreased red blood cell survival and function), and the
cardiovascular system (hypertension and coronary heart disease), and on
reproduction and development (postnatal development and male
reproductive function) (ISA, Table 1-2). Additionally, the ISA
[[Page 71919]]
describes relationships between Pb and certain types of effects on the
nervous system in adults, and on immune system function, as well as
with cancer,\27\ as likely to be causal \28\ (ISA, Table 1-2, sections
1.6.4 and 1.6.7).
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\24\ Since the last Pb NAAQS review, the ISAs, which have
replaced CDs in documenting each review of the scientific evidence
(or air quality criteria), employ a systematic framework for
weighing the evidence and describing associated conclusions with
regard to causality using established descriptors: ``causal''
relationship with relevant exposure, ``likely'' to be a causal
relationship, evidence is ``suggestive'' of a causal relationship,
``inadequate'' evidence to infer a causal relationship, and ``not
likely'' to be a causal relationship (ISA, Preamble).
\25\ In drawing judgments regarding causality for the criteria
air pollutants, the ISA places emphasis ``on evidence of effects at
doses (e.g., blood Pb concentration) or exposures (e.g., air
concentrations) that are relevant to, or somewhat above, those
currently experienced by the population. The extent to which studies
of higher concentrations are considered varies . . . but generally
includes those with doses or exposures in the range of one to two
orders of magnitude above current or ambient conditions. Studies
that use higher doses or exposures may also be considered . .
.[t]hus, a causality determination is based on weight of evidence
evaluation . . ., focusing on the evidence from exposures or doses
generally ranging from current levels to one or two orders of
magnitude above current levels'' (ISA, pp. lx-lxi).
\26\ In determining a causal relationship to exist for Pb with
specific health effects, the EPA concludes that ``[e]vidence is
sufficient to conclude that there is a causal relationship with
relevant pollutant exposures (i.e., doses or exposures generally
within one to two orders of magnitude of current levels)'' (ISA, p.
lxii).
\27\ The EPA concludes that a causal relationship is likely to
exist between Pb exposure and cancer, based primarily on consistent,
strong evidence from experimental animal studies, but inconsistent
epidemiological evidence (ISA, section 4.10.5). Lead has also been
classified as a probable human carcinogen by the International
Agency for Research on Cancer, based mainly on sufficient animal
evidence, and as reasonably anticipated to be a human carcinogen by
the U.S. National Toxicology Program (ISA, section 4.10).
\28\ In determining that there is likely to be a causal
relationship for Pb with specific health effects, the EPA has
concluded that ``[e]vidence is sufficient to conclude that a causal
relationship is likely to exist with relevant pollutant exposures,
but important uncertainties remain'' (ISA, p. lxii).
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Among the nervous system effects of Pb, the newly available
evidence is consistent with conclusions in the previous review which
recognized that ``[t]he neurotoxic effects of Pb exposure are among
those most studied and most extensively documented among human
population groups'' (2006 CD, p. 8-25) and took note of the diversity
of studies in which such effects of Pb exposure early in development
(from fetal to postnatal childhood periods) have been observed (2006
CD, p. E-9). While some studies are newly available of other effects in
children with somewhat lower blood Pb levels than previously available
for these effects, nervous system effects continue to receive
prominence in the current review, as in previous reviews, with
particular emphasis on those affecting cognitive function and behavior
in children (ISA, section 4.3), with conclusions that are consistent
with findings of the last review. For example, based on the extensive
assessment of the full body of evidence available in this review, the
major conclusions drawn by the ISA regarding health effects of Pb in
children include the following (ISA, p. lxxxvii).
Multiple epidemiologic studies conducted in diverse populations
of children consistently demonstrate the harmful effects of Pb
exposure on cognitive function (as measured by IQ decrements,
decreased academic performance and poorer performance on tests of
executive function). . . . Evidence suggests that some Pb-related
cognitive effects may be irreversible and that the
neurodevelopmental effects of Pb exposure may persist into adulthood
(Section 1.9.4). Epidemiologic studies also demonstrate that Pb
exposure is associated with decreased attention, and increased
impulsivity and hyperactivity in children (externalizing behaviors).
This is supported by findings in animal studies demonstrating both
analogous effects and biological plausibility at relevant exposure
levels. Pb exposure can also exert harmful effects on blood cells
and blood producing organs, and is likely to cause an increased risk
of symptoms of depression and anxiety and withdrawn behavior
(internalizing behaviors), decreases in auditory and motor function,
asthma and allergy, as well as conduct disorders in children and
young adults. There is some uncertainty about the Pb exposures
contributing to the effects and blood Pb levels observed in
epidemiologic studies; however, these uncertainties are greater in
studies of older children and adults than in studies of young
children (Section 1.9.5).
As in prior reviews of the Pb NAAQS, this review is focused on
those effects most pertinent to ambient air Pb exposures. Given the
reductions in ambient air Pb concentrations over the past decades,
these effects are generally those associated with the lowest levels of
Pb exposure that have been evaluated. Additionally, we recognize the
limitations on our ability to draw conclusions regarding the exposure
conditions contributing to the findings from epidemiological analyses
of blood Pb levels in populations of older children and adults,
particularly in light of their history of higher Pb exposures. For
example, the evidence newly available for Pb relationships with
cardiovascular effects in adults includes some studies with somewhat
lower blood Pb levels than in the last review. However, the long
exposure histories of these cohorts, as well as the generally higher Pb
exposures of the past, complicate conclusions regarding exposure levels
that may be eliciting observed effects (ISA, sections 4.4.2.4 and
4.4.7).\29\ Evidence available in future reviews may better inform this
issue. Recognizing this, the extensive assessment of the full body of
evidence available in this review contributed to the following major
conclusions drawn by the ISA regarding health effects of Pb in adults
(ISA, p. lxxxviii).
\29\ Studies from the late 1960s and 1970s suggest that adult
blood Pb levels during that period ranged from roughly 13 to 16
[mu]g/dL and from 15 to 30 [micro]g/dL in children aged 6 and
younger (ISA, section 4.4.1).
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A large body of evidence from both epidemiologic studies of
adults and experimental studies in animals demonstrates the effect
of long-term Pb exposure on increased blood pressure (BP) and
hypertension (Section 1.6.2). In addition to its effect on BP, Pb
exposure can also lead to coronary heart disease and death from
cardiovascular causes and is associated with cognitive function
decrements, symptoms of depression and anxiety, and immune effects
in adult humans. The extent to which the effects of Pb on the
cardiovascular system are reversible is not well-characterized.
Additionally, the frequency, timing, level, and duration of Pb
exposure causing the effects observed in adults has not been
pinpointed, and higher past exposures may contribute to the
development of health effects measured later in life.
In the last review, while recognizing the range of health effects
in variously aged populations related to Pb exposure, we focused on the
health effects for which the evidence was strongest with regard to
relationships with the lowest exposure levels, neurocognitive effects
in young children. Similarly, given the strength of the evidence,
including the greater confidence in conclusions regarding the exposures
contributing to the observed effects, we focus in this review, as in
the last, on neurocognitive effects in young children.
b. Critical Periods of Exposure
As in the last review, we base our current understanding of health
effects associated with different Pb exposure circumstances at various
stages of life or in different populations on the full body of
available evidence and primarily on epidemiological studies of health
effects associated with population Pb biomarker levels (as discussed
further in section II.B.3 of the proposal). The epidemiological
evidence is overwhelmingly composed of studies that rely on blood Pb
for the exposure metric, with the remainder largely including a focus
on bone Pb. Because these metrics reflect Pb in the body (e.g., as
compared to Pb exposure concentrations) and, in the case of blood Pb,
reflect Pb available for distribution to target sites, they strengthen
the evidence base for purposes of drawing causal conclusions with
regard to Pb generally. The complexity of Pb exposure pathways and
internal dosimetry, however, tends to limit the extent to which these
types of studies inform our more specific understanding of the Pb
exposure circumstances (e.g., timing within lifetime, duration,
frequency and magnitude) eliciting the various effects.
A critical aspect of much of the epidemiological evidence,
particularly studies focused on adults (and older children) in the U.S.
today, is the backdrop of generally declining environmental Pb exposure
(from higher exposures during their younger years) that is common
across many study populations (ISA, p. 4-2).\30\ An additional factor
complicating the interpretation of health effect
[[Page 71920]]
associations with blood Pb measurements in older children and younger
adults is the common behaviors of younger children (e.g., hand-to-mouth
contact) that generally contribute to relatively greater exposures
earlier in life (ISA, sections 3.1.1, 5.2.1). Such exposure histories
for adults and older children complicate our ability to draw
conclusions regarding critical time periods and lifestages for Pb
exposures eliciting the effects for which associations with Pb
biomarkers have been observed in these populations (e.g., ISA, section
1.9.6).\31\ Thus, our confidence is greatest in the role of early
childhood exposure in contributing to Pb-related neurocognitive effects
that have been associated with blood Pb levels in young children. This
is due, in part, to the relatively short exposure histories of young
children (ISA, sections 1.9.4, 1.9.6 and 4.3.11).
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\30\ The declines in Pb exposure concentrations occurring from
the 1970s through the early 1990s (and experienced by middle aged
and older adults of today), as indicated by NHANES blood Pb
information, were particularly dramatic (ISA, section 3.4.1).
\31\ The evidence from experimental animal studies can be
informative with regard to key aspects of exposure circumstances in
eliciting specific effects, thus informing our interpretation of
epidemiological evidence. For example, the animal evidence base with
regard to Pb effects on blood pressure demonstrates the
etiologically-relevant role of long-term exposure (ISA, section
4.4.1). This finding then informs consideration of epidemiological
studies of adult populations for whom historical exposures were
likely more substantial than concurrent ones, suggesting that the
observed effects may be related to the past exposure (ISA, section
4.4.1). For other health effects, the animal evidence base may or
may not be informative in this manner.
---------------------------------------------------------------------------
Epidemiological analyses evaluating risk of neurocognitive impacts
(e.g., reduced IQ) associated with different blood Pb metrics in
cohorts with differing exposure patterns (including those for which
blood Pb levels at different ages were not highly correlated) also
indicate associations with blood Pb measurements concurrent with full
scale IQ (FSIQ) tests at ages of approximately 6-7 years. The analyses
did not, however, conclusively demonstrate stronger findings for early
(e.g., at age 2 years) or concurrent blood Pb levels (ISA, section
4.3.11).\32\ The experimental animal evidence additionally indicates
early life susceptibility (ISA, section 4.3.15 and p. 5-21). Thus,
while uncertainties remain with regard to the role of Pb exposures
during a particular age of life in eliciting nervous system effects,
such as cognitive function decrements, the full evidence base continues
to indicate prenatal and early childhood lifestages as periods of
increased Pb-related risk (ISA, sections 4.3.11 and 4.3.15). We
recognize increasing uncertainty, however, in our understanding of the
relative impact on neurocognitive function of additional Pb exposure of
children by school age or later that is associated with limitations of
the currently available evidence, including epidemiological cohorts
with generally similar temporal patterns of exposure.
---------------------------------------------------------------------------
\32\ In the collective body of evidence of nervous system
effects in children, it is difficult to distinguish exposure in
later lifestages (e.g., school age) and its associated risk from
risks resulting from exposure in prenatal and early childhood (ISA,
section 4.3.11). While early childhood is recognized as a time of
increased susceptibility, a difficulty in identifying a discrete
period of susceptibility from epidemiological studies has been that
the period of peak exposure, reflected in peak blood Pb levels, is
around 18-27 months when hand-to-mouth activity is at its maximum
(ISA, section 3.4.1 and 5.2.1.1; 2006 CD, p. 6-60). The task is
additionally complicated by the role of maternal exposure history in
contributing Pb to the developing fetus (ISA, section 3.2.2.4.).
---------------------------------------------------------------------------
In summary, as in the last review, we continue to recognize a
number of uncertainties regarding the circumstances of Pb exposure,
including timing or lifestages, eliciting specific health effects.
Consideration of the evidence newly available in this review has not
appreciably changed our understanding on this topic. The relationship
of long-term exposure to Pb with hypertension and increased blood
pressure in adults is substantiated despite some uncertainty regarding
the exposure circumstances contributing to blood Pb levels measured in
epidemiological studies. For example, the evidence does not indicate
the exposure magnitude and timing that are eliciting such effects.
Across the full evidence base, the effects for which our understanding
of relevant exposure circumstances is greatest are neurocognitive
effects in young children. Moreover, available evidence does not
suggest a more sensitive endpoint. Thus, we continue to recognize and
give particular attention to the role of Pb exposures relatively early
in childhood in contributing to neurocognitive effects, some of which
may persist into adulthood.
c. Nervous System Effects in Children
The evidence currently available with regard to the magnitude of
blood Pb levels associated with neurocognitive effects in children is
generally consistent with that available in the review completed in
2008. Nervous system effects in children, specifically effects on
cognitive function, continue to be the effects that are best
substantiated as occurring at the lowest blood Pb concentrations (ISA,
pp. lxxxvii-lxxxviii). Associations of blood Pb with effects on
cognitive function measures in children have been reported in many
studies across a range of childhood blood Pb levels, including study
group (mean/median) levels ranging down to 2 [micro]g/dL (e.g., ISA, p.
lxxxvii and section 4.3.2).\33\
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\33\ The value of 2 [mu]g/dL refers to the regression analysis
of blood Pb and end-of-grade test scores, in which blood Pb was
represented by categories for integer values of blood Pb from 1
[mu]g/dL to 9 and >10 [mu]g/dL from large statewide database. A
significant effect estimate was reported for test scores with all
blood Pb categories in comparison to the reference category (1
[mu]g/dL), which included results at and below the limit of
detection. Mean levels are not provided for any of the categories
(Miranda et al., 2009).
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Among the analyses of lowest study group blood Pb levels at the
youngest ages are analyses available in the last review of Pb
associations with neurocognitive function decrement in study groups
with mean levels on the order of 3-4 [mu]g/dL in children aged 24
months or ranging from 5 to 7 years (73 FR 66978-66979, November 12,
2008; ISA, sections 4.3.2.1 and 4.3.2.2; Bellinger and Needleman, 2003;
Canfield et al., 2003; Lanphear et al., 2005; Tellez-Rojo et al., 2006;
Bellinger, 2008; Canfield, 2008; Tellez-Rojo, 2008; Kirrane and Patel,
2014).\34\ Newly available in this review are two studies reporting
association of blood Pb levels prior to 3 years of age with academic
performance on standardized tests in primary school; mean blood Pb
levels in these studies were 4.2 and 4.8 [mu]g/dL (ISA, section
4.3.2.5; Chandramouli et al., 2009; Miranda et al., 2009). One of these
two studies, which represented integer blood Pb levels as categorical
variables, indicated a small effect on end-of-grade reading score of
blood Pb levels as low as 2 [mu]g/dL, after adjustment for age of
measurement, race, sex, enrollment in free or reduced lunch program,
parental education, and school type (Miranda et al., 2009).
---------------------------------------------------------------------------
\34\ The tests for cognitive function in these studies include
age-appropriate Wechsler intelligence tests (Lanphear et al., 2005;
Bellinger and Needleman, 2003), the Stanford-Binet intelligence test
(Canfield et al., 2003), and the Bayley Scales of Infant Development
(Tellez-Rojo et al., 2006). The Wechsler and Stanford-Binet tests
are widely used to assess neurocognitive function in children and
adults. These tests, however, are not appropriate for children under
age 3. For such children, studies generally use the age-appropriate
Bayley Scales of Infant Development as a measure of cognitive
development.
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Newly available in this review are also several studies in older
children on neurocognitive effects and other nervous system effects. As
described in section II.B.3 of the proposal, however, these studies are
focused on population groups of ages for which the available
information indicates exposure levels were higher earlier in childhood.
Thus, in light of this information, although the blood Pb levels in the
studies in older child population groups are lower (at the time of the
study) than the younger child study levels, the studies of older
[[Page 71921]]
children do not provide a basis for concluding a role for lower Pb
exposure levels than those experienced by the younger study groups.
Rather, this information makes these studies relatively uninformative
with regard to evidence of effects associated with lower exposure
levels than provided by evidence previously available.
Recognizing the complexity associated with interpretation of
studies involving older cohorts,\35\ as well as the potential role of
higher exposure levels in the past, we continue to focus our
consideration of this question on the evidence of effects in young
children for which our understanding of exposure history is less
uncertain.\36\ Within this evidence base, we recognize the lowest study
group blood Pb levels to be associated with effects on cognitive
function measures, indicating that to be the most sensitive endpoint.
As described above, the evidence available in this review is generally
consistent with that available in the last review with regard to blood
Pb levels at which such effects had been reported (ISA, section 4.3.2;
2006 CD, section 8.4.2.1; 73 FR 66976-66979, November 12, 2008). As
blood Pb levels are a reflection of exposure history, particularly in
early childhood (ISA, section 3.3.2), we conclude, by extension, that
the currently available evidence does not indicate Pb effects at
exposure levels appreciably lower than recognized in the last review.
---------------------------------------------------------------------------
\35\ Our conclusions regarding exposure levels at which Pb
health effects occur, particularly with regard to such levels that
might be common in the U.S. today, are complicated now, as in the
last review, by several factors. These factors include the scarcity
of information in epidemiological studies on cohort exposure
histories, as well as by the backdrop of higher past exposure levels
which frame the history of most, if not all, older study cohorts.
\36\ In focusing on effects associated with blood Pb levels in
early childhood, however, we additionally recognize the evidence
across categories of effects that relate to blood Pb levels in older
child study groups (for which early childhood exposure may have had
an influence) which provides additional support to an emphasis on
nervous system effects (ISA, sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8).
---------------------------------------------------------------------------
We additionally note that, as in the last review, a threshold blood
Pb level with which nervous system effects, and specifically cognitive
effects, occur in young children cannot be discerned from the currently
available studies (ISA, sections 1.9.3 and 4.3.12). Epidemiological
analyses have reported blood Pb associations with cognitive effects
(FSIQ or BSID MDI \37\) for young child population subgroups (age 5
years or younger) with individual blood Pb measurements as low as
approximately 1 [mu]g/dL and mean concentrations as low as 2.9 to 3.8
[mu]g/dL (ISA, section 4.3.12; Bellinger and Needleman, 2003;
Bellinger, 2008; Canfield el al., 2003; Canfield, 2008; Tellez-Rojo et
al., 2006; Tellez-Rojo, 2008). As concluded in the ISA, however, ``the
current evidence does not preclude the possibility of a threshold for
neurodevelopmental effects in children existing with lower blood levels
than those currently examined'' (ISA, p. 4-274).
---------------------------------------------------------------------------
\37\ The Bayley Scales of Infant Development, Mental Development
Index (BSID MDI) is a well-standardized and widely used assessment
measure of infant cognitive development. Scores earlier than 24
months are not necessarily strongly correlated with later FSIQ
scores in children with normal development (ISA, section 4.3.15.1).
---------------------------------------------------------------------------
Important uncertainties associated with the evidence of effects at
low exposure levels are similar to those recognized in the last review,
including the shape of the concentration-response relationship for
effects on neurocognitive function at low blood Pb levels in today's
young children. Also of note is our interpretation of associations
between blood Pb levels and effects in epidemiological studies, with
which we recognize uncertainty with regard to the specific exposure
circumstances (timing, duration, magnitude and frequency) that have
elicited the observed effects, as well as uncertainties in relating
ambient air concentrations (and associated air-related exposures) to
blood Pb levels in early childhood, as recognized in section II.A.2.b
above. We additionally recognize uncertainties associated with
conclusions drawn with regard to the nature of the epidemiological
associations with blood Pb (e.g., ISA, section 4.3.13) but note that,
based on consideration of the full body of evidence for neurocognitive
effects, the EPA has determined a causal relationship to exist between
relevant blood Pb levels and neurocognitive impacts in children (ISA,
section 4.3.15.1).
Based primarily on studies of FSIQ, the assessment of the currently
available studies, as was the case in the last review, continues to
recognize a nonlinear relationship between blood Pb levels and effects
on cognitive function, with a greater incremental effect (greater
slope) at lower relative to higher blood Pb levels within the range
thus far studied, extending from well above 10 [mu]g/dL to below 5
[mu]g/dL (ISA, section 4.3.12). This was supported by the evidence
available in the last review, including the analysis of the large
pooled international dataset comprised of blood Pb measurements and IQ
test results from seven prospective cohorts (Lanphear et al., 2005;
Rothenberg and Rothenberg, 2005; ISA, section 4.3.12). The blood Pb
measurements in this pooled dataset that were concurrent with the IQ
tests ranged from 2.5 [mu]g/dL to 33.2 [mu]g/dL.
The study by Lanphear et al. (2005) additionally presented analyses
that stratified the dataset based on peak blood Pb levels (e.g., with
cutpoints of 7.5 [mu]g/dL and 10 [mu]g/dL peak blood Pb) and found that
the coefficients from linear models of the association for IQ with
concurrent blood Pb levels were higher in the lower peak blood Pb level
subsets than the higher groups (ISA, section 4.3.12; Lanphear et al.,
2005).\38\ In other publications, stratified analyses of several
individual cohorts also observed higher coefficients for blood Pb
relationships with measures of neurocognitive function in lower as
compared to higher blood Pb subgroups (ISA, section 4.3.12; Canfield et
al., 2003; Bellinger and Needleman, 2003; Kordas et al., 2006; Tellez-
Rojo et al., 2006). Of these subgroup analyses, those involving the
lowest mean blood Pb levels and closest to the current mean for U.S.
preschool children are listed in Table 1 of the proposal (drawn from
Table 3 of the 2008 preamble to the final rule [73 FR 67003, November
12, 2008], and Kirrane and Patel, 2014).\39\ These analyses were
important inputs for the air-related IQ loss evidence-based framework
which informed decisions on a revised standard in the last review (73
FR 67005, November 12, 2008), discussed in section II.A.1 above.
Specifically, the framework focused on the median of the four average
linear slope estimates from the studies recognized in Table 3 of the
2008 decision (73 FR 67003, November 12, 2008). As shown in Table 1 of
the proposal, the median is unchanged by
[[Page 71922]]
consideration of the information newly available in this review.\40\
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\38\ As described in the PA and noted in the proposal, since the
completion of the ISA, two errors have been identified with the
pooled dataset analyzed by Lanphear et al. (2005) (Kirrane and
Patel, 2014). A recent publication and the EPA have separately
recalculated the statistics and mathematical model parameters of
Lanphear et al. (2005) using the corrected pooled dataset (see
Kirrane and Patel, 2014). While the magnitude of the loglinear and
linear regression coefficients are modified slightly based on the
corrections, the conclusions drawn from these coefficients,
including the finding of a steeper slope at lower (as compared to
higher) blood Pb concentrations, are not affected (Kirrane and
Patel, 2014).
\39\ One of these four subgroup analyses is the analysis of the
lowest blood Pb subset of the pooled international study by Lanphear
et al. (2005). The nonlinear model developed from the full pooled
dataset is the basis of the C-R functions used in the 2007 REA, in
which risk was estimated over a large range of blood Pb levels (PA,
section 3.4.3.3). Given the narrower focus of the evidence-based
framework on IQ response at the end of studied blood Pb levels
(closer to U.S. mean level), the C-R functions in Table 1 are from
linear analyses (each from separate publications) for the study
group subsets with blood Pb levels closest to mean for children in
the U.S. today.
\40\ As the framework focused on the median of the four slopes
in Table 1, the change to the one from Lanphear et al. (2005) based
on the recalculation described above has no impact on conclusions
drawn from the framework.
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Several studies newly available in the current review have, in all
but one instance, also found a nonlinear blood Pb-cognitive function
relationship in nonparametric regression analyses of the cohort blood
Pb levels analyzed (ISA, section 4.3.12). These studies, however, used
statistical approaches that did not produce quantitative results for
each blood Pb group (ISA, section 4.3.12). Thus, newly available
studies have not extended the range of observation for quantitative
estimates of this relationship to lower blood Pb levels than those of
the previous review. The ISA further notes that the potential for
nonlinearity has not been examined in detail within a lower, narrower
range of blood Pb levels than those of the full cohorts thus far
studied in the currently available evidence base (ISA, section 4.3.12).
Such an observation in the last review supported the consideration of
linear slopes with regard to blood Pb levels at and below those
represented in Table 1 of the proposal. In summary, the newly available
evidence does not substantively alter our understanding of the C-R
relationship (including quantitative aspects) for neurocognitive
impact, such as IQ, with blood Pb in young children.
d. At-Risk Populations
In this section, as elsewhere, we use the term ``at-risk
populations'' \41\ to recognize populations that have a greater
likelihood of experiencing Pb-related health effects, i.e., groups with
characteristics that contribute to an increased risk of Pb-related
health effects. These populations are also referred to as sensitive
groups (as in section I.A above). In identifying factors that increase
risk of Pb-related health effects, we have considered evidence
regarding factors contributing to increased susceptibility, generally
including physiological or intrinsic factors contributing to a greater
response for the same exposure and those contributing to increased
exposure, including that resulting from behavior leading to increased
contact with contaminated media (ISA, Chapter 5). Physiological risk
factors include both conditions contributing to a group's increased
risk of effects at a given blood Pb level and those that contribute to
blood Pb levels higher than those otherwise associated with a given Pb
exposure (e.g., ISA, sections 5.3 and 5.1, respectively).
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\41\ In the context of ``at-risk populations,'' the term
``population'' refers to persons having one or more qualities or
characteristics including, for example, a specific pre-existing
illness or a specific age or lifestage, with lifestage referring to
a distinguishable time frame in an individual's life characterized
by unique and relatively stable behavioral and/or physiological
characteristics that are associated with development and growth.
---------------------------------------------------------------------------
In considering factors that increase risk by contributing to
increased exposure or to increased blood Pb levels over those otherwise
associated with a given Pb exposure, we note that the currently
available evidence continues to support a nonlinear relationship
between neurocognitive effects and blood Pb that indicates
incrementally greater impacts at lower as compared to higher blood Pb
levels (ISA, section 4.3.12), as described in section II.B.3 of the
proposal and briefly noted in section II.A.2.c above. An important
implication of this finding is that while children with higher blood Pb
levels are at greater risk of Pb-related effects than children with
lower blood Pb levels, on an incremental basis (e.g., per [mu]g/dL) the
risk is greater for children at lower blood Pb levels. This was given
particular attention in the last review of the Pb NAAQS, in which the
standard was revised with consideration of the incremental impact of
air-related Pb on young children in the U.S. and the recognition of
greater incremental impact for those children with lower absolute blood
Pb levels (73 FR 67002, November 12, 2008). Such consideration included
a focus on those C-R studies involving the lowest blood Pb levels, as
described in section II.A.1 above.
The information newly available in this review has not appreciably
altered our previous understanding of at-risk populations for Pb in
ambient air. As in the last review, the factor most prominently
recognized to contribute to increased risk of Pb effects is childhood
(ISA, section 1.9.6). As discussed in section II.B.2 of the proposal
and briefly noted in section II.A.2.b above, while uncertainties remain
with regard to the role of Pb exposures during a particular age of life
in eliciting nervous system effects, such as cognitive function
decrements, the full evidence base continues to indicate prenatal and
early childhood lifestages as periods of increased Pb-related risk
(ISA, sections 4.3.11 and 4.3.15). Thus, in the current review, as at
the time of the last review of the Pb NAAQS, we recognize young
children as an important at-risk population, with sensitivity extending
to prenatal exposures and into childhood development.
An additional physiological risk factor that contributes to
increased blood Pb levels is nutritional status, which can play a role
in Pb absorption from the gastrointestinal tract, with iron-, calcium-
and zinc-deficient diets contributing to increased Pb absorption and
associated blood Pb levels (ISA, sections 3.2.1.2, 5.1, 5.3.10 and
5.4). Risk factors based on increased exposure include spending time in
proximity to sources of Pb to ambient air or other environmental media,
such as large active metals industries or locations of historical Pb
contamination (ISA, sections 1.9.6, 3.7.1, 5.2.5 and 5.4). Residential
factors associated with other sources of Pb exposure (e.g., leaded
paint or plumbing with Pb pipes or solder) are another exposure-related
risk factor (ISA, sections 3.7.1, 5.2.6 and 5.4). Additionally, some
races or ethnicities have been associated with higher blood Pb levels,
with differential exposure indicated in some cases as the cause (ISA,
sections 5.2.3 and 5.4).
Lower socioeconomic status (SES) has been associated with higher Pb
exposure and higher blood Pb concentration in some study groups,
leading the ISA to conclude the evidence is suggestive for low SES as a
risk factor (ISA, sections 5.3.16, 5.2.4 and 5.4).\42\ Although the
differences in blood Pb levels, nationally, between children of lower
and higher income levels (as well as among some races or ethnicities)
have lessened, blood Pb levels continue to be higher among lower-income
children indicating higher exposure and/or greater influence of factors
independent of exposure, such as nutritional factors (ISA, sections
1.9.6, 5.2.1.1 and 5.4).\43\ The evidence is also suggestive of
increased risk associated with several other factors: older
adulthood,\44\ pre-
[[Page 71923]]
existing disease (e.g., hypertension), variants for certain genes and
increased stress (ISA, section 5.3.4).
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\42\ The approach used by the EPA in evaluating the evidence
regarding factors that may influence the risk of Pb-related health
effects is described in chapter 5 of the ISA.
\43\ Although the evidence for SES continues to indicate
increased blood Pb levels in lower income children, its role with
regard to an increased health risk for the same blood Pb level is
unclear and its role generally with regard to Pb-related risk is
somewhat complicated. SES often serves as a marker term for one or a
combination of unspecified or unknown environmental or behavioral
variables. Further, it is independently associated with an adverse
impact on neurocognitive development, and a few studies have
examined SES as a potential modifier of the association of childhood
Pb exposure with cognitive function with inconsistent findings
regarding low SES as a potential risk factor.
\44\ The ISA identifies older adulthood as a lifestage of
potentially greater risk of Pb-related health effects based
primarily on the evidence of increases in blood Pb levels during
this lifestage (ISA, sections 5.2.1.2, 5.3.1.2, and 5.4), as well as
observed associations of some cardiovascular and nervous system
effects with bone and blood Pb in older populations, with biological
plausibility for the role of Pb provided by experimental animal
studies (ISA, sections 4.3.5, 4.3.7 and 4.4). Exposure histories of
older adult study populations, which included younger years during
the time of leaded gasoline usage and other sources of Pb exposures
which were more prevalent in the past than today, are likely
contributors to their blood Pb levels (ISA, pp. lx-lxi; Figure 2-1
and sections 2.5.2, 3.3.5 and 5.2.1.2).
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In summary, we recognize the sensitivity of the prenatal period and
several stages of childhood to an array of neurocognitive and
behavioral effects, and we particularly recognize young children as an
important at-risk population in light of current environmental exposure
levels. Age or lifestage was used to distinguish potential groups on
which to focus in the last review in recognition of its role in
exposure and susceptibility, and young children were the focus of the
REA in consideration of the health effects evidence regarding endpoints
of greatest public health concern and in recognition of effects on the
developing nervous system as a sentinel endpoint for public health
impacts of Pb. This identification continues to be supported by the
evidence available in the current review.
e. Potential Impacts on Public Health
There are several potential public health impacts associated with
Pb exposure in the current U.S. population. In recognition of effects
causally related to blood Pb levels somewhat near those most recently
reported for today's population and for which the weight of the
evidence is greatest, the potential public health impacts most
prominently recognized in the ISA are population IQ impacts associated
with childhood Pb exposure and prevalence of cardiovascular effects in
adults (ISA, section 1.9.1). With regard to the latter category, as
discussed above, the full body of evidence indicates a role of long-
term cumulative exposure, with uncertainty regarding the specific
exposure circumstances contributing to the effects in the
epidemiological studies of adult populations, for whom historical Pb
exposures were likely much higher than exposures that commonly occur
today (ISA, section 4.4). There is less uncertainty regarding the
exposure patterns contributing to the blood Pb levels reported in
studies of younger populations (ISA, sections 1.9.4 and 1.10).
Accordingly, the discussion of public health implications relevant to
this review is focused predominantly on nervous system effects,
including IQ decrements, in children.
The magnitude of a public health impact is dependent upon the type
or severity of the effect, as well as the size of populations affected.
Intelligence quotient is a well-established, widely recognized and
rigorously standardized measure of neurocognitive function, as well as
a global measure reflecting the integration of numerous processes (ISA,
section 4.3.2; 2006 CD, sections 6.2.2 and 8.4.2). In considering
population risk, the distribution of effects across members of the
population is important. For example, if Pb-related decrements are
manifested uniformly across the range of IQ scores in a population, ``a
small shift in the population mean IQ may be significant from a public
health perspective because such a shift could yield a larger proportion
of individuals functioning in the low range of the IQ distribution,
which is associated with increased risk of educational, vocational, and
social failure'' as well as a decrease in the proportion with high IQ
scores (ISA, section 1.9.1). Examples of other measures of cognitive
function negatively associated with Pb exposure include other measures
of intelligence and cognitive development and measures of other
cognitive abilities, such as learning, memory, and executive functions,
as well as academic performance and achievement (ISA, section 4.3.2).
Although some neurocognitive effects of Pb in children may be
transient, some may persist into adulthood (ISA, section 1.9.5).\45\ We
also note that deficits in neurodevelopment early in life may have
lifetime consequences as ``[n]eurodevelopmental deficits measured in
childhood may set affected children on trajectories more prone toward
lower educational attainment and financial well-being'' (ISA, section
4.3.14). Thus, population groups for which neurodevelopment is affected
by Pb exposure in early childhood are at risk of related impacts on
their success later in life.
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\45\ The ISA states that the ``persistence of effects appears to
depend on the duration and window of exposure as well as other
factors that may affect an individual's ability to recover from an
insult,'' with some evidence of greater recovery in children reared
in households with more optimal caregiving characteristics and low
concurrent blood Pb levels (ISA, p. 1-77; Bellinger et al., 1990).
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As indicated above, young children are the at-risk population that
may be most at risk of health effects associated with exposure to Pb,
and children at greatest risk from air-related Pb are those children
with highest air-related Pb exposure, which we consider to be those
living in areas of higher ambient air Pb concentrations (e.g.,
concentrations near or above the current standard). Analyses in the PA
indicate this group to be a very small subset of all young children in
the U.S. Together the analyses indicate that well below one-tenth of
one percent of the full population of children aged 5 years or younger
in the U.S. today live in areas with air Pb concentrations near or
above the current standard, with the current monitoring data indicating
the size of this population to be approximately one-hundredth of a
percent of the full population of children aged 5 or younger (PA, pp.
3-36 to 3-38, 4-25, 4-32). It is these children that were the
Administrator's focus in revising the primary standard in 2008.
3. Overview of Information on Blood Lead Relationships With Air Lead
This section provides a brief overview of the information
summarized in section II.C of the proposal on key aspects of the
information available in this review on blood Pb as a biomarker and on
relationships of blood Pb with air Pb (80 FR 298-300, January 5, 2015).
Blood Pb is well established as a biomarker of Pb exposure and of
internal dose, with relationships between air Pb concentrations and
blood Pb concentrations informing consideration of the NAAQS for Pb
since its initial establishment in 1978. The blood Pb concentration in
childhood (particularly early childhood) can more quickly (than in
adulthood) reflect changes in total body burden (associated with the
shorter exposure history) and can also reflect changes in recent
exposures (ISA, section 3.3.5). The relationship of children's blood Pb
to recent exposure may reflect their labile bone pool, with their rapid
bone turnover in response to rapid childhood growth rates (ISA, section
3.3.5). The relatively smaller skeletal compartment of Pb in children
(particularly very young children) compared to adults is subject to
more rapid turnover. Multiple studies have demonstrated young
children's blood Pb levels to reflect Pb exposures, including exposures
to Pb in surface dust (e.g., Lanphear and Roghmann, 1997; Lanphear et
al., 1998). These and studies of child populations near sources of air
Pb emissions, such as metal smelters, have further demonstrated the
effect of airborne Pb on interior dust and on blood Pb (ISA, sections
3.4.1, 3.5.1 and 3.5.3; Hilts, 2003; Gulson et al., 2004).
As blood Pb is an integrated marker of aggregate Pb exposure across
all pathways, the blood Pb C-R relationships described in
epidemiological studies of Pb-exposed populations do not distinguish
among different sources of Pb or pathways of
[[Page 71924]]
Pb exposure (e.g., inhalation, ingestion of indoor dust, ingestion of
dust containing leaded paint). Thus, our interpretation of the health
effects evidence for purposes of this review necessitates
characterization of the relationships between Pb from those sources and
pathways of interest in this review (i.e., those related to Pb emitted
into the air) and blood Pb.
The evidence for air-to-blood relationships derives from analyses
of datasets for populations residing in areas with differing air Pb
concentrations, including datasets for circumstances in which blood Pb
levels have changed in response to changes in air Pb. The control for
variables other than air Pb that can affect blood Pb varies across
these analyses. At the conclusion of the last review in 2008, the EPA
interpreted the evidence as providing support for use (in informing the
Administrator's decision on standard level) of a range of air-to-blood
ratios \46\ ``inclusive at the upper end of estimates on the order of
1:10 and at the lower end on the order of 1:5'' (73 FR 67002, November
12, 2008). This conclusion reflected consideration of the air-to-blood
ratios presented in the 1986 CD \47\ and associated observations
regarding factors contributing to variation in such ratios, ratios
reported subsequently and ratios estimated based on modeling performed
in the REA, as well as advice from CASAC (73 FR 66973-66975, 67001-
67002, November 12, 2008). The information available in this review,
which is assessed in the ISA and largely, although not completely,
comprises studies that were available in the last review, does not
alter the primary scientific conclusions drawn in the last review
regarding the relationships between Pb in ambient air and Pb in
children's blood. The ratios summarized in the ISA in this review span
a range generally consistent with the range concluded in 2008 (ISA,
section 3.5.1).
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\46\ The quantitative relationship between ambient air Pb and
blood Pb, often termed a slope or ratio, describes the increase in
blood Pb (in [mu]g/dL) estimated to be associated with each unit
increase of air Pb (in [mu]g/m\3\). Ratios are presented in the form
of 1:x, with the 1 representing air Pb (in [mu]g/m\3\) and x
representing blood Pb (in [mu]g/dL). Description of ratios as higher
or lower refers to the values for x (i.e., the change in blood Pb
per unit of air Pb). Slopes are presented as simply the value of x.
\47\ The 2006 CD did not include an assessment of then-current
evidence on air-to-blood ratios.
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The evidence on the quantitative relationship between air Pb and
air-related Pb in blood is now, as in the past, limited by the
circumstances (such as those related to Pb exposure) in which the data
were collected. Previous reviews have recognized the significant
variability in air-to-blood ratios for different populations exposed to
Pb through different air-related exposure pathways and at different air
and blood levels, with the 1986 CD noting that ratios derived from
studies involving the higher blood and air Pb levels pertaining to
occupationally exposed workers are generally smaller than ratios from
studies involving lower blood and air Pb levels (ISA, p. 3-132; 1986
CD, p. 11-99). Consistent with this observation, slopes in the range of
3 to 5 were estimated for child population datasets assessed in the
1986 CD (ISA, p. 3-132; 1986 CD p. 11-100; Brunekreef, 1984).
Additional studies considered in the last review and those assessed in
the ISA provide evidence of ratios above this older range (ISA, p. 3-
133). For example, a ratio of 1:6.5 to 1:7 is indicated by the study by
Hilts (2003), one of the few studies that evaluate the air Pb-blood Pb
relationship in conditions that are closer to the current state in the
U.S. (ISA, p. 3-132). We additionally note the variety of factors
identified in the ISA that may potentially affect estimates of various
ratios (including potentially coincident reductions in nonair Pb
sources during the course of the studies) and for which a lack of
complete information may preclude any adjustment of estimates to
account for their role (ISA, section 3.5).
In summary, as at the time of the last review of the NAAQS for Pb,
the currently available evidence includes estimates of air-to-blood
ratios, both empirical and model-derived, with associated limitations
and related uncertainties. These limitations and uncertainties, which
are summarized here and also noted in the ISA, usually include
uncertainty associated with reductions in other Pb sources during the
study period. The limited amount of new information available in this
review has not appreciably altered the scientific conclusions reached
in the last review regarding relationships between Pb in ambient air
and Pb in children's blood or with regard to the range of ratios. The
currently available evidence continues to indicate ratios relevant to
the population of young children in the U.S. today, reflecting multiple
air-related pathways in addition to inhalation, to be generally
consistent with the approximate range of 1:5 to 1:10 given particular
attention in the 2008 NAAQS decision, including the ``generally central
estimate'' of 1:7 (73 FR 67002, 67004, November 12, 2008; ISA, pp. 3-
132 to 3-133).
4. Overview of Risk and Exposure Assessment Information
This section provides a brief overview of key aspects of the risk
and exposure assessment information available in this review, which is
based primarily on the exposure and risk assessment developed in the
last review of the Pb NAAQS.\48\ This overview is drawn from the
summary presented in the proposal (80 FR 300-305, January 5, 2015). As
described in the REA Planning Document, careful consideration of the
information newly available in this review, with regard to designing
and implementing a full REA for this review, led to the conclusion that
performance of a new REA for this review was not warranted. We did not
find the information newly available in this review to provide the
means by which to develop an updated or enhanced risk model that would
substantially improve the utility of risk estimates in informing the
current Pb NAAQS review (REA Planning Document, section 2.3). Based on
its consideration of the REA Planning Document analysis, the CASAC Pb
Review Panel generally concurred with the conclusion that a new REA was
not warranted in this review (Frey, 2011b).\49\ Accordingly, the
exposure/risk information considered in this review is drawn primarily
from the 2007 REA, augmented by a limited new computation for one case
study focused on risk associated with the current standard, as
described in section II.D of the proposal and in section 3.4 and
Appendix 3A of the PA.
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\48\ The information in this review is based on the assessment
from the last review, described in the 2007 REA, the 2007 Staff
Paper and the 2008 notice of final decision (USEPA, 2007a; USEPA,
2007b; 73 FR 66964, November 12, 2008), as considered in the context
of the evidence newly available in this review (PA, section 3.4;
proposal, section II.D).
\49\ In its review of the draft PA, the CASAC Pb Review Panel
reinforced its concurrence with the EPA's decision not to develop a
new REA (Frey, 2013).
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The focus for the risk assessment and associated estimates is on Pb
derived from sources emitting Pb to ambient air. In order to
characterize exposure and risk from these pathways, however, the
assessment also recognized the role of Pb exposure pathways unrelated
to Pb in ambient air (2007 REA, section 2.1). Sources of human Pb
exposure include current and historical air emissions sources, as well
as miscellaneous nonair sources, which can contribute to multiple
exposure media and associated pathways, such as inhalation of ambient
air, ingestion of indoor dust, outdoor soil/dust and diet or drinking
water (as recognized in section I.D above). In addition to airborne
emissions (recent or
[[Page 71925]]
those in the past), sources of Pb to these pathways also include old
leaded paint, including Pb mobilized indoors during renovation/repair
activities, and contaminated soils. Lead in diet and drinking water may
have air pathway-related contributions as well as contributions from
nonair sources (e.g., Pb solder on older water distribution pipes and
Pb in materials used in food processing).
Limitations in our data and modeling tools handicapped our ability
to address the various complexities associated with exposure to ambient
air Pb and to fully separate the nonair contributions to Pb exposure
from estimates of air-related Pb exposure and risk. As a result, the
assessment included a number of simplifying assumptions in a number of
areas, and the estimates of air-related Pb risk produced are
approximate, characterized by bounds within which air-related Pb risk
is estimated to fall. The lower bound is based on a combination of
pathway-specific estimates that do not completely represent all air-
related pathways, while the upper bound is based on a combination of
pathway-specific estimates that includes pathways that are not air-
related but the separating out of which is precluded by modeling and
data limitations (PA, section 3.4).
Key aspects of the 2007 REA, such as the exposure populations,
exposure or dose metric, health effects endpoint and risk metric were
based on consideration of the then-currently available evidence as
assessed in detail in the 2006 CD. As discussed in the REA Planning
Document (USEPA, 2011b), these selections continue to be supported by
the evidence now available in this review as described in the ISA. The
REA focused on risk to the central nervous system in childhood as the
most sensitive effect that could be quantitatively assessed, with
decrement in IQ used as the risk metric. Exposure and biokinetic
modeling was used to estimate blood Pb concentrations in children
exposed to Pb up to age 7 years.\50\ This focus reflected the evidence
for young children with regard to air-related exposure pathways and
susceptibility to Pb health impacts (e.g., ISA, sections 3.1.1, 4.3,
5.2.1.1, 5.3.1.1, and 5.4). For example, the hand-to-mouth activity of
young children contributes to their Pb exposure (i.e., incidental soil
and indoor dust ingestion), and ambient air-related Pb has been shown
to contribute to Pb in outdoor soil and indoor house dust (ISA,
sections 3.1.1 and 3.4.1; 2006 CD, section 3.2.3).
---------------------------------------------------------------------------
\50\ The pathways represented in this modeling included
childhood inhalation and ingestion pathways, as well as maternal
contributions to newborn body burden (2007 REA, Appendix H, Exhibit
H-6).
---------------------------------------------------------------------------
The 2007 REA relied on a case study approach to provide estimates
that inform our understanding of air-related exposure and risk in
different types of air Pb exposure situations. Lead exposure and
associated risk were estimated for multiple case studies that generally
represent two types of residential population exposures to air-related
Pb: (1) Location-specific urban populations of children with a broad
range of air-related exposures, reflecting existence of urban
concentration gradients; and (2) children residing in localized areas
with air-related exposures representing air concentrations specifically
reflecting the standard level being evaluated (see PA, Table 3-6).
Thus, the two types of case studies differed with regard to the extent
to which they represented population variability in air-related Pb
exposure.
In drawing on the 2007 REA for our purposes in this review, we
focused on two case studies, one from each of these two categories: (1)
The location-specific urban case study for Chicago and (2) the
generalized (local) urban case study (PA, Table 3-6). The generalized
(local) urban case study (also referred to as general urban case study)
was not based on a specific geographic location and reflected several
simplifying assumptions in representing exposure including uniform
ambient air Pb levels associated with the standard of interest across
the hypothetical study area and a uniform study population. Based on
the nature of the population exposures represented by the two
categories of case study, the generalized (local) urban case study
includes populations that are relatively more highly exposed by way of
air pathways to air Pb concentrations near the standard level
evaluated, compared with the populations in the location-specific urban
case. The location-specific urban case studies provided representations
of urban populations with a broad range of air-related exposures due to
spatial gradients in both ambient air Pb levels and population density.
For example, the highest air concentrations in these case studies
(i.e., those closest to the standard being assessed) were found in very
small parts of the study areas, while a large majority of the case
study populations resided in areas with much lower air concentrations.
Air-related risk estimates for the two case studies are accompanied
by a number of uncertainties (summarized in section II.D.3 of the
proposal and described in detail in section 3.4 of the PA). Exposure
and risk modeling conducted for this analysis was complex and subject
to significant uncertainties due to limitations in the data and models,
among other aspects, as recognized at the time of the last review.\51\
The multimedia and persistent nature of Pb, the role of multiple
exposure pathways, and the contributions of nonair sources of Pb to
human exposure media all present challenges and contribute significant
additional complexity to the health risk assessment that goes far
beyond the situation for similar assessments typically performed for
other NAAQS pollutants (e.g., that focus only on the inhalation
pathway). Of particular note among the assessment limitations are
limitations in the assessment design, data and modeling tools that
handicapped us from sharply separating Pb linked to ambient air from Pb
that is not air related. The resultant, approximate, air-related risk
bounds, however, encompass estimates drawn from the air-related IQ loss
evidence-based framework, providing a rough consistency and general
support, as was the case in the last review (73 FR 67004, November 12,
2008).
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\51\ As summarized in section II.D.3 of the proposal, a range of
limitations and areas of uncertainty were associated with the
information available in the last review (PA, sections 3.4.4, 3.4.6
and 3.4.7), and the newly available information in this review did
not substantially reduce any of the primary sources of uncertainty
identified to have the greatest impact on risk estimates (USEPA,
2011b). Thus, the key observations regarding air-related Pb risk
modeled for the set of standard levels assessed in the 2007 REA, as
well as the risk estimates interpolated for the current standard,
are not significantly affected by the new information. Nor is our
overall characterization of uncertainty and variability associated
with those estimates (as summarized above and in sections 3.4.6 and
3.4.7 of the PA).
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B. Conclusions on the Primary Standard
In drawing conclusions on the adequacy of the current primary Pb
standard, in view of the advances in scientific knowledge and
additional information now available, the Administrator considers the
evidence base, information and policy judgments that were the
foundation of the last review and reflects upon the body of evidence
and information newly available in this review. The Administrator has
taken into account both evidence-based and exposure- and risk-based
considerations, advice from CASAC and public comment. Evidence-based
considerations draw upon the EPA's assessment and integrated synthesis
of the scientific evidence from epidemiological studies and
experimental animal studies evaluating health effects related to
exposures to Pb,
[[Page 71926]]
with a focus on policy-relevant considerations as discussed in the PA.
The exposure- and risk-based considerations draw from the results of
the quantitative analyses presented in the 2007 REA (augmented as
described in the PA and summarized in section II.D of the proposal) and
consideration of those results in the PA.
As described in section II.A.2 of the proposal, consideration of
the evidence and exposure/risk information in the PA and by the
Administrator is framed by consideration of a series of key policy-
relevant questions. Section II.B.1 below summarizes the rationale for
the Administrator's proposed decision, drawing from section II.E.4 of
the proposal. A fuller presentation of PA considerations and
conclusions, and advice from the CASAC, which were taken into account
by the Administrator, is provided in sections II.E.1 through II.E.3 of
the proposal. Advice received from CASAC in this review is briefly
summarized in section II.B.2 below, and public comments on the proposed
decision are addressed in section II.B.3. The Administrator's
conclusions in this review regarding the adequacy of the current
primary standard are described in section II.B.4.
1. Basis for the Proposed Decision
At the time of the proposal, the Administrator carefully considered
the assessment of the current evidence and conclusions reached in the
ISA; the currently available exposure/risk information, including
associated limitations and uncertainties; considerations and staff
conclusions and associated rationales presented in the PA; the advice
and recommendations from CASAC; and public comments that had been
offered up to that point. In reaching her proposed conclusion on the
primary standard, the Administrator first took note of the PA
discussion with regard to the complexity and associated uncertainties
involved in considering the adequacy of protection in the case of the
primary Pb standard, which differs substantially from that involved in
consideration of the primary standard in other NAAQS reviews. For the
pollutants in the other reviews, the focus is on inhalation as the
single route of exposures, which provides a relatively simpler context
than the multiple exposure pathways that are relevant to Pb.
Additionally, an important component of the evidence base for most
other NAAQS pollutants is the availability of studies that have
investigated an association between concentrations of the pollutant in
ambient air and the occurrence of health effects plausibly related to
ambient air exposure to that pollutant. Such studies of associations
with air concentrations do not figure prominently in the review of the
NAAQS for Pb. Rather, the evidence base in this review includes most
prominently epidemiological studies focused on associations of blood Pb
levels in U.S. populations with health effects plausibly related to Pb
exposures occurring by multiple pathways. Support for conclusions
regarding the plausibility for ambient air Pb to play a role in such
findings derives, in part, from studies linking Pb in ambient air with
the occurrence of health effects. However, such studies (dating from
the past or from other countries) involve ambient air Pb concentrations
many times greater than those that would meet the current standard.
Thus, in considering the adequacy of the current Pb standard, rather
than considering studies that have directly investigated current
concentrations of Pb in ambient air (including in locations where the
current standard is met) and the occurrence of health effects, we
primarily consider the evidence for, and risk estimated from, models
based upon key relationships, such as those among ambient air Pb, Pb
exposure, blood Pb and health effects. This evidence, with its
associated limitations and uncertainties, contributes to the EPA's
conclusions regarding a relationship between ambient air Pb conditions
under the current standard and health effects.
In considering the nature and magnitude of the array of
uncertainties that are inherent in the scientific evidence and
analyses, the Administrator recognized that the current understanding
of the relationships between the presence of a pollutant in ambient air
and associated health effects is based on a broad body of information
encompassing not only more established aspects of the evidence, but
also aspects in which there may be substantial uncertainty. In her
considerations for the proposal, she took into account both the well-
established body of evidence on the health effects of Pb, which
continues to support identification of neurocognitive effects in young
children as the most sensitive endpoint associated with Pb exposure,
and of the recognition in the PA, with which the CASAC concurred, of
increased uncertainty in characterizing the relationship of effects on
IQ with blood Pb levels below those represented in the evidence base
and also in projecting the magnitude of blood Pb response to ambient
air Pb concentrations at and below the level of the current standard.
In this light, she based her proposed decision on her consideration of
the current evidence within the conceptual and quantitative context of
the air-related IQ evidence-based loss framework; the available
information and advice from CASAC regarding the public health
significance of neurocognitive effects; and the limitations and
uncertainties inherent in the evidence and its consideration within
this framework. The Administrator additionally recognized support from
the exposure/risk information, with its attendant uncertainties.
In her consideration of the air-related IQ loss evidence-based
framework, the Administrator took note of the PA finding, with which
the CASAC concurred, that application of the air-related IQ loss
evidence-based framework, developed in the last review, continues to
provide a useful approach for considering and integrating the evidence
on relationships between Pb in ambient air and Pb in children's blood
and risks of neurocognitive effects (for which IQ loss is used as an
indicator). She additionally took note of the PA finding (described in
section II.E.1 of the proposal, and with which the CASAC concurred)
that the currently available evidence base, while somewhat expanded
since the last review, is not supportive of appreciably different
conclusions with regard to air-to-blood ratios or C-R functions for
neurocognitive decrements in young children.
In the Administrator's consideration of the level of public health
protection provided by the current standard, she gave weight to CASAC
advice in the last review (and similar views expressed in the last
review by public health experts, such as the American Academy of
Pediatrics), which recognized a population mean IQ loss of 1 to 2
points to be of public health significance and recommended that a very
high percentage of the population be protected from such a magnitude of
IQ loss (73 FR 67000, November 12, 2008). In so doing, she additionally
noted that the EPA is aware of no new information or new commonly
accepted guidelines or criteria within the public health community for
interpreting public health significance of neurocognitive effects in
the context of a decision on adequacy of the current Pb standard, and
CASAC provided no alternate advice in this area in the current review
(PA, pp. 4-33 to 4-34). Accordingly, with the objective identified in
the CASAC advice from the 2008 review in
[[Page 71927]]
mind, the Administrator considered the role of the air-related IQ loss
evidence-based framework in reviewing the level of protection provided
by the current standard. In so doing, the Administrator recognized
distinctions between estimates produced by the framework, for which the
conceptual context is a subset of U.S. children, and specific
quantitative public health policy goals for air-related IQ loss for the
entire U.S. population of children. She additionally took note of the
PA conclusion on the size of the population subset that might pertain
to the situation represented by the framework (areas with elevated air
Pb concentrations equal to the standard level), as well as
uncertainties associated with the framework estimates, particularly at
successively lower standard levels. In summary, the Administrator
concluded in the proposal that the current evidence, as considered
within the conceptual and quantitative context of the evidence-based
framework, and current air monitoring information indicate that the
current standard provides protection for young children from
neurocognitive impacts, including IQ loss, consistent with advice from
CASAC regarding IQ loss of public health significance.
The Administrator based her proposed conclusions on consideration
of the health effects evidence, including consideration of this
evidence in the context of the air-related IQ loss evidence-based
framework, and with support from the exposure/risk information,
recognizing the uncertainties attendant with both. In so doing, she
took note of the PA description of the complexities and limitations in
the evidence base associated with reaching conclusions regarding the
magnitude of risk associated with the current standard, as well as the
increasing uncertainty of risk estimates for lower air Pb
concentrations. Inherent in the Administrator's proposed conclusions
are public health policy judgments on the public health implications of
the blood Pb levels and risk estimated for air-related Pb under the
current standard, including the public health significance of the Pb
effects being considered, as well as aspects of the use of the
evidence-based framework that may be considered to contribute to the
margin of safety. These public health policy judgments include
judgments related to the appropriate degree of public health protection
that should be afforded to protect against risk of neurocognitive
effects in at-risk populations, such as IQ loss in young children, as
well as with regard to the appropriate weight to be given to differing
aspects of the evidence and the exposure/risk information, and how to
consider their associated uncertainties. Based on these considerations
and the judgments summarized here, the Administrator proposed to
conclude that the current standard provides the requisite protection of
public health with an adequate margin of safety, including protection
of at-risk populations, such as young children living near Pb emissions
sources where ambient concentrations just meet the standard.
The Administrator's proposed conclusion that the current standard
provides the requisite protection and that a more restrictive standard
would not be requisite additionally recognized that the uncertainties
and limitations associated with many aspects of the estimated
relationship between air Pb concentrations and blood Pb levels and
associated health effects are amplified with consideration of
increasingly lower air concentrations. In reaching her proposed
conclusion, she took note of the PA conclusion, with which CASAC has
agreed, that based on the current evidence, there is appreciable
uncertainty associated with drawing conclusions regarding whether there
would be reductions in blood Pb levels and risk to public health from
alternative lower levels of the standard as compared to the level of
the current standard (PA, pp. 4-35 to 4-36; Frey, 2013b, p. 6). The
Administrator judged this uncertainty to be too great for the current
evidence and exposure/risk information to provide a basis for revising
the current standard. Thus, based on the public health policy judgments
described above, including the weight given to uncertainties in the
evidence, the Administrator proposed to conclude that the current
standard should be retained, without revision.
2. CASAC Advice in This Review
In comments on the draft PA, the CASAC concurred with staff's
overall preliminary conclusions that it is appropriate to consider
retaining the current primary standard without revision, stating that
``the current scientific literature does not support a revision to the
Primary Lead (Pb) National Ambient Air Quality Standard (NAAQS)''
(Frey, 2013b, p. 1). The CASAC further noted that ``[a]lthough the
current review incorporates a substantial body of new scientific
literature, the new literature does not justify a revision to the
standards'' (Frey, 2013b, p. 1).
The CASAC comments additionally indicated agreement with key
aspects of staff's consideration of the exposure/risk information and
currently available evidence in this review (Frey, 2013b, Consensus
Response to Charge Questions, p. 7).
The use of exposure/risk information from the previous Pb NAAQS
review appears appropriate given the absence of significant new
information that could fundamentally change the interpretation of
the exposure/risk information. This interpretation is reasonable
given that information supporting the current standard is largely
unchanged since the current standard was issued.
The CASAC agrees that the adverse impact of low levels of Pb
exposure on neurocognitive function and development in children
remains the most sensitive health endpoint, and that a primary Pb
NAAQS designed to protect against that effect will offer
satisfactory protection against the many other health impacts
associated with Pb exposure.
The CASAC concurs with the draft PA that the scientific findings
pertaining to air-to-blood Pb ratios and the C-R relationships
between blood Pb and childhood IQ decrements that formed the basis
of the current Pb NAAQS remain valid and are consistent with current
data.
The CASAC concurred with the appropriateness of the application of
the evidence-based framework from the last Pb NAAQS review. With regard
to the key inputs to that framework, the CASAC concluded that ``[t]he
new literature published since the previous review provides further
support for the health effect conclusions presented in that review''
and that the studies newly available in this review ``do not
fundamentally alter the uncertainties for air-to-blood ratios or C-R
functions for IQ decrements in young children'' (Frey, 2013b, Consensus
Response to Charge Questions, p. 6). The comments from the CASAC also
took note of the uncertainties that remain in this review which
contribute to the uncertainties associated with drawing conclusions
regarding air-related exposures and associated health risk at or below
the level of the current standard, stating agreement with ``the EPA
conclusion that `there is appreciable uncertainty associated with
drawing conclusions regarding whether there would be reductions in
blood Pb levels from alternative lower levels as compared to the level
of the current standard''' (Frey, 2013b, Consensus Response to Charge
Questions, p. 6).
3. Comments on the Proposed Decision
The majority of public comments on the proposal supported the
Administrator's proposed decision to retain the current primary
standard, without revision. This group includes the National
Association of Clean Air
[[Page 71928]]
Agencies (NACAA), both of the state agencies that submitted comments
and nearly all of the industry organizations that submitted comments.
All of these commenters generally noted their agreement with the
rationale provided in the proposal and noted the CASAC's concurrence
with the EPA conclusion that the current evidence does not support
revision to the standard. Most also cited the EPA and CASAC statements
that information newly available in this review has not substantially
altered our previous understanding of at-risk populations, C-R
relationships or effects from exposures lower than what was previously
examined and does not call into question the adequacy of the current
standard. Some commenters stated that multimedia or multipathway
aspects of Pb make the review of the primary standard for Pb subject to
greater uncertainty than reviews of primary NAAQS for other pollutants
and/or noted greater uncertainty with consideration of lower blood Pb
and standard levels. Some also noted that EPA's task in setting NAAQS
is not to reduce risk to zero but to identify a standard that is
neither more nor less stringent than necessary. The EPA generally
agrees with these commenters and with the CASAC regarding the adequacy
of the current primary standard and the lack of support for revision of
the standard.
Four submissions recommending revision of the standard were
received; all four advocated a tightening of the standard. These
commenters include two individuals, a secondary Pb smelting company,
and the Children's Health Protection Advisory Committee to the EPA
(CHPAC).\52\ In support of their view that the standard should be
revised, all four commenters generally stated that there is no safe
level of Pb exposure.\53\ The CHPAC submission, to which the smelting
company submission repeatedly cited, asserted that a lower standard is
needed to protect children from impacts related to neurodevelopmental
and low birthweight effects, stating that studies it cited that have
been published since the cut-off for the ISA indicate effects on
children's IQ at ``appreciably lower'' Pb exposures than those
recognized in the last review and raise concerns regarding cumulative
effects of multiple chemical exposures. These commenters additionally
cited the PA's presentation of the 2007 REA results that included lower
risk estimates for alternative more stringent standards, stating that
minority and low-income groups are more greatly impacted by Pb, and
that for these reasons the standard should be lowered. The CHPAC
submission also suggests consideration of some transient sources to
provide support for a more stringent standard. Among the reasons given
for their recommendations to substantially lower the standard level,
the individual commenters variously stated that not revising or
lowering the standard will allow increases in air Pb in locations near
some sources of Pb emissions, such as airports, and that the
persistence of Pb indicated the need for a more stringent standard.
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\52\ As described in its charter, the CHPAC is a policy-oriented
committee providing policy advice to EPA related to the development
of regulations, guidance and policies to address children's
environmental health, consistent with provisions of the Federal
Advisory Committee Act (https://www.epa.gov/faca/childrens-health-protection-advisory-committee-charter-september-11-2015). The role
and scope of activities for the CHPAC differs from those of the
CASAC, which is the independent scientific review committee
fulfilling the function described in the CAA of reviewing the air
quality criteria and the NAAQS for protection of public health and
welfare and making recommendations to the Administrator concerning
revisions as may be appropriate (as described in section 109(d)(2)
of the Act and summarized in section I.A above).
\53\ In expressing this view, some commenters cited statements
by various government agencies regarding their interpretation of
children's blood Pb levels with regard to risk management decisions
based on consideration of the available information in those risk
management contexts (e.g., CDC, 2005; Cal EPA, 2007; NYDHMH, 2010).
The scientific information on health effects of Pb considered by
these agencies was also available and, to the extent relevant to
consideration of the adequacy of the NAAQS, was assessed in the
current and, in some cases, also the prior review. As discussed
below, the conclusion that a threshold level for neurocognitive
effects has not been identified was a consideration of the EPA in
the last review, and the current one.
---------------------------------------------------------------------------
The four commenters that supported revision of the standard
suggested a wide array of alternatives. The CHPAC repeated the view it
expressed in the 2008 review that the standard should be revised to the
most stringent alternative analyzed in the 2007 REA (a potential
standard with an averaging time of one month and a level of 0.02
[micro]g/m\3\). One individual commenter expressed a preference for a
standard level of 0.0005 [micro]g/m\3\. Another individual commenter
urged revision to the lowest feasible standard, and the smelting
company recommended that EPA adopt an approach similar to a local air
quality management district's emissions standards regulation \54\ that
requires air monitoring at large Pb acid battery recycling metal
melting facilities to meet, by a future date, a 30-day average Pb
concentration of 0.1 [micro]g/m\3\, which the company indicated its
technology can address.
---------------------------------------------------------------------------
\54\ This commenter referred to a March 2015 amendment of a
California South Coast Air Quality Management District rule on
emission standards for lead and other toxic air contaminants from
large lead-acid battery recycling facilities in that state air
quality district.
---------------------------------------------------------------------------
We agree with commenters that a threshold level for neurocognitive
effects has not been identified in the current evidence, as stated in
section II.A.2.c above, and described in more detail in the ISA. We
additionally note that the lack of an established threshold of effects
is not uncommon among the criteria pollutant evidence bases. For
example, in past reviews of the primary standards for ozone and
particulate matter, the EPA has recognized that the available
epidemiological evidence neither supports nor refutes the existence of
thresholds at the population level, while noting uncertainties and
limitations in studies that make discerning thresholds in populations
difficult (e.g., 73 FR 16444, March 27, 2008; 71 FR 61158, October 17,
2006). The lack of a discernible threshold of exposure associated with
health effects does not of itself provide support for revision of an
existing standard or for revision to the most stringent standard one
might identify. As recognized in section I.A above, the CAA does not
require the Administrator to establish a primary national ambient air
quality standard at a zero-risk level or at background concentrations
(Lead Industries v. EPA, 647 F.2d at 1156 n.51; Mississippi v. EPA, 744
F. 3d at 1351), but rather at a level that reduces risk sufficiently so
as to protect public health with an adequate margin of safety, and the
selection of any particular approach for providing an adequate margin
of safety is a policy choice left specifically to the Administrator's
judgment (Lead Industries Association v. EPA, 647 F.2d at 1161-62;
Mississippi, 744 F. 3d at 1353). The CAA requirement in establishing a
standard is that it be set at a level of air quality that is requisite,
meaning ``sufficient, but not more than necessary'' (Whitman v.
American Trucking Ass'ns, 531 U.S. 457, 473 [2001]).
In the setting of the current standard in 2008, a key consideration
of the Administrator was the recognition of the lack of a discernible
threshold level in the evidence with respect to neurocognitive effects
associated with Pb exposure. This recognition, which differed from the
scientific consensus at the time the previous standard was set in 1978,
led the Administrator in 2008 to depart from the threshold-based
approach used in setting the 1978 standard and to focus on
consideration of air-related Pb in the context of the air-related IQ
loss evidence-based framework (described in section II.A.1
[[Page 71929]]
above). In the current review of the 2008 standard, while recognizing
the continued lack of a discernible threshold of exposure associated
with neurocognitive effects, the CASAC commented regarding effects at
very low Pb levels when expressing its view that the scientific
evidence does not support revision to the Pb NAAQS. It stated that
``[a]lthough there is evidence that even very low Pb levels are related
to measurable reductions in IQ in children, the extent to which the
blood Pb levels observed in children are linked to ambient air Pb
levels below the current standard (as opposed to other sources of Pb in
the environment) has not been established'' (Frey, 2013b, Consensus
Response to Charge Questions, pp. 7-8).\55\
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\55\ The CASAC recognized the multimedia and legacy aspects of
Pb that, unlike the case for other criteria air pollutants,
complicate consideration of the risks of Pb concentrations in
ambient air (Frey, 2013b, p. 1).
---------------------------------------------------------------------------
The four submissions recommending a revised standard variously cite
a number of studies as providing support for their view. Some of these
studies have been reviewed in the ISA, some were published too late to
be included in the ISA, and a few others were of a type that are not
generally included in the ISA (e.g., review articles).\56\ As discussed
in section I.C above, we have provisionally considered studies that
were not in the ISA or in previous AQCDs (``new'' studies) \57\ which
some of these commenters cite in statements about evidence of effects
at low exposures and in the presence of other pollutants. We conclude
that these studies are consistent with the scientific conclusions
reached in the ISA, including those related to blood Pb levels in
studies from which effects on IQ have been reported and related to co-
exposure with other metals. Taken in context, the information from
these studies and these findings do not materially change any of the
broad scientific conclusions of the ISA regarding the health effects
and exposure pathways of Pb in ambient air on which the Administrator
based her proposed conclusions as well as her final conclusions in this
review, as described in section II.B.4 below. We additionally note that
with regard to the inputs for the air-related IQ loss evidence-based
framework, a key aspect of the Administrator's rationale for her
proposed decision to retain the current primary standard (as described
in section II.E.4 of the proposal), none of the cited studies indicate
a steeper blood Pb-IQ slope or greater air-to-blood ratio than those
assessed in the ISA and considered in the PA and the proposal.
---------------------------------------------------------------------------
\56\ Some studies cited by commenters are review articles or
government reviews (e.g., Henn et al., 2014; Grandjean and
Landrigan, 2014; Jakubowski, 2011; NTP, 2011), which are not
generally cited in the ISA because the ISA considers the original
studies underlying a review article, rather than a review's
interpretation of the studies. Further, in the case of government
reviews, such reports generally review the literature for specific
purposes of those government agencies (which differ from the focus
for the ISA). Many of the scientific studies reviewed in these
reports (as well as the other reviews), however, were considered
relevant to review of the lead air quality criteria (based on the
description of study selection for inclusion in the preamble to the
ISA), and thus were assessed in this review.
\57\ These studies are listed in a memorandum to the rulemaking
docket (Kirrane, 2016).
---------------------------------------------------------------------------
We respectfully disagree with the comment from CHPAC that studies
available since the cut-off date for the ISA contradict the PA
conclusions regarding blood Pb levels in children and effects on
cognitive function measures, such as IQ.\58\ Of the studies cited in
the comment that were published subsequent to the date for publication
in the ISA, one is an analysis that relies on data from studies that
were published prior to 2008 and assessed in the last review (Budtz-
Jorgensen et al., 2013). These data were the subject of the pooled
analysis by Lanphear et al (2005) which we assessed in both the last
and the current review. As such, this commenter-cited publication does
not present a new study of children with lower blood Pb levels; rather,
it reanalyzes existing data using a different approach for a different
purpose.\59\ The other two of the commenter-cited publications are
review articles that do not present information on specific blood Pb
levels associated with IQ effects. Thus, we do not find these
publications to be contrary to the discussion and associated
conclusions in the PA or to indicate the current standard to be
inadequate.
---------------------------------------------------------------------------
\58\ The PA recognized the complexity associated with
considering the evidence regarding exposure levels associated with
health effects, and in particular effects on cognitive function
measures, including IQ, which the evidence base indicates to be the
most sensitive endpoint. The PA observed that the evidence available
in this review is generally consistent with that available in the
last review with regard to blood Pb levels in young children at
which such effects have been reported. Noting that blood Pb levels
are a reflection of exposure history, particularly in early
childhood, the PA concludes by extension that the currently
available evidence does not indicate Pb effects at exposure levels
appreciably lower than recognized in the last review. In so doing,
the PA continued to focus in this review (as in the last review) on
the evidence of effects in young children for which our
understanding of exposure history is less uncertain (PA, pp. 3-21 to
3-26).
\59\ This analysis uses the data from the same studies analyzed
by Lanphear et al (2005) to extrapolate below the blood Pb
concentrations measured in the studies and estimate a 95 percent
lower confidence bound on the estimated blood Pb concentration
associated with a 1 point decrement in IQ (Budtz-Jorgensen et al.,
2013). Unlike the prior study by Lanphear et al (2005) and similar
epidemiological analyses of IQ and blood Pb, which are intended to
produce a quantitative description of the change in IQ associated
with blood Pb concentrations in the studied children, this analysis
is focused on estimating a lower bound confidence limit on the
incremental concentration in blood Pb, as compared to zero,
associated with a single point IQ decrement. Even if we were to
interpret the results of the Budtz-Jorgensen et al (2013) analysis
as providing another estimate of C-R function for IQ decrement based
on the pooled dataset from Lanphear et al (2005), we note that that
dataset is already represented among the four low blood Pb analyses
on which we focused in identifying a slope estimate for use with the
air-related IQ loss evidence-based framework, and as noted in
section II.B.3 of the proposal, revision or replacement of the
estimate for the pooled dataset has no impact on conclusions drawn
from the framework (80 FR 29295, January 5, 2015).
---------------------------------------------------------------------------
We further disagree with the suggestion in the CHPAC submission
that the evidence related to co-exposures to other pollutants, such as
metals, provides a basis for concluding that the current standard is
not requisite. The ISA assessment of the strength of the evidence for
co-exposures to other pollutants, such as other metals, to contribute
to increased risk of a Pb-related health effects concluded the evidence
to be suggestive, ``but overall the evidence was limited'' (ISA,
sections 1.9.6 and 5.4). With regard to the articles cited by the CHPAC
that have been published subsequent to the ISA, the general conclusions
of these review articles (Henn et al., 2014; Grandjean and Landrigan,
2014) are consistent with conclusions of the ISA. As stated in the ISA,
``interactions between Pb and co-exposure with other metals were
evaluated in recent epidemiologic and toxicological studies of health
effects'' and ``[h]igh levels of other metals, such as Cd and Mn, were
observed to result in greater effects for the associations between Pb
and various health endpoints but evidence was limited due to the small
number of studies'' (ISA, p. 5-43). We note that even in raising co-
exposure as a concern, the comments recognize that the potential for
such impacts is not well understood. Further, the comments do not
explain how the limited information regarding this factor supports
their conclusion that the current standard does not provide the
requisite protection or leads to the specific revisions the comments
suggest, and we find no such support in the current evidence.
We additionally disagree with the comment that the currently
available evidence indicates that the current standard is not
protective of effects such as low birth weight. For example, the
[[Page 71930]]
CHPAC cites epidemiological studies reporting associations of maternal
or cord blood Pb concentrations with reduced fetal growth (Xie et al.,
2013; Nishioka et al., 2014), stating that these studies strengthen the
association of decreased birth weight and maternal blood Pb levels.
Although we would agree that these studies present an addition to the
evidence base overall, they do not provide a basis for change in the
conclusion of the ISA, which states, ``Some well-conducted
epidemiologic studies report associations of maternal Pb biomarkers or
cord blood Pb with preterm birth and low birth weight/fetal growth;
however, the epidemiologic evidence is inconsistent overall and
findings from experimental animal studies are mixed'' (ISA, p. 1-18).
In citing these studies, in fact, the CHPAC also stated its view that
the findings of these studies are consistent with a larger study that
was assessed in the ISA; it did not explain how these studies support
its view that the current standard provides inadequate protection from
such effects, and we find no such support.
With regard to information related to Pb impacts in minority and
low-income populations, which some comments suggested provided a basis
for a more stringent standard, we note that we have considered the
available information on such impacts, as recognized in section
II.A.2.d above and summarized more fully in section II.B.4 of the
proposal and in section 3.3 of the PA. As all of these documents have
recognized, the ISA identifies non-white populations as at-risk
populations, with this conclusion based primarily on findings of higher
blood Pb levels in black compared to white populations (ISA, section
5.4).\60\ Blood Pb levels have also been found to be higher in low SES
groups as compared to higher SES \61\ (ISA, sections 5.3.6, 5.2.4 and
5.4). However, as noted in the ISA, the number of studies examining the
relationship of SES with Pb-related health effects is limited, and the
results have differed with regard to finding increased risk with higher
or lower SES (ISA, Table 5-1, p. 5-42). The comments generally identify
impacts in minority and low income groups as a reason EPA should revise
the standard, although they provide no explanation for how the
currently available information leads to that conclusion or provides a
basis for the alternative standards the comments suggest. \62\ While
our assessment of the health effects evidence in this review concluded
there was adequate evidence for race or ethnicity (and suggestive
evidence for SES) to contribute to increased risk of Pb-related health
effects, we do not find this information to call into question the
adequacy of protection provided by the current primary standard. Nor
did the CASAC find this to be the case, based on its review of the
scientific materials in this review, including three drafts of the ISA
in which the evidence for these factors was presented. Further, to the
extent such differences may be related to exposure contributions from
air Pb and proximity to air sources,\63\ we note that children that are
exposed to air-related Pb in areas with elevated air Pb concentrations
near or equal to the level of the standard are among those that were
the focus of the 2008 decision, as recognized in sections II.A.1 and
II.A.2.e above, and are the focus of the decision described in section
II.B.4 below to retain the standard set in 2008.\64\
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\60\ Recent data suggest that differences in blood Pb levels
between young black and white children is decreasing over time (ISA,
section 5.2.3, 5.4). Although more recent data are not available by
age group, the CDC data through 2011-2012 indicate little or no
difference between non-Hispanic blacks, Mexican Americans or all
Hispanics and non-Hispanic whites at the central tendencies of the
populations and reduced differences at the 95th percentile (CDC,
2015). Findings of some studies indicate that non-white populations
may be at greater risk of Pb-related health effects although, as
described in the ISA, this could be related to confounding by other
factors (ISA, sections 5.3.7 and 5.4).
\61\ As with differences among groups of different races and
ethnicities, ``[t]he gap between SES groups with respect to Pb body
burden appears to be diminishing,'' although blood Pb levels
continue to be higher among lower-income children (ISA, p. 1-80,
sections 1.9.6, 5.1, 5.2.1.1, 5.2.4 and 5.4), leading the ISA to
conclude that the evidence is suggestive of SES as a risk factor for
Pb-related health effects (as summarized in section II.A.2.d above).
\62\ In making this statement, these commenters cite a 1988
study on blood Pb and early childhood scores on the BSID MDI infant
cognitive development test (Bellinger et al., 1988). The study found
that 18 and 24 month BSID MDI scores of the ``lower'' SES children
were adversely affected at lower cord blood Pb levels than were
scores of the ``higher'' SES children, finding significantly lower
scores of the lower SES children with cord blood Pb levels of 6-7
[micro]g/dL as compared to children of this SES group with cord
blood Pb levels less than 3 [micro]g/dL (Bellinger et al., 1988;
USEPA, 1990a; USEPA, 2006). As the study cohort was mostly middle to
upper-middle class, the ``lower'' SES group ``refers to [families of
SES] less than the highest SES levels and is probably in fact [of
SES levels] much closer to the median of the U.S. population than
the term suggests'' (USEPA, 1990a, p. 53). The ISA considered these
study findings in the context of considering available evidence on
this issue in the current review (ISA, section 5.3.6; Bellinger et
al., 1990). The ISA found that the available study results are
limited, have differed with regard to finding increased risk with
higher or lower SES and that ``they do not clearly indicate whether
groups with different socioeconomic status differ in Pb-related
changes for cognitive function'' (ISA, p. 5-34, Table 5-1, p. 5-42).
\63\ As noted in section I.D above and described in more detail
in the PA and ISA, sources of Pb to which children are exposed also
include consumer goods, dust or chips of peeling Pb-containing paint
and ingestion of Pb in drinking water conveyed through Pb pipes, as
well as historically deposited Pb in urban soils (ISA, pp. pp. lxxix
to lxxx).
\64\ Additionally, the focus of the air-related IQ loss
evidence-based framework on C-R functions observed for children with
low blood Pb levels closer to those observed in U.S. children today
reflects evidence-based conclusions from the last review, affirmed
in this review, of a steeper slope for the C-R relationship at lower
as compared to higher blood Pb levels. As noted in section II.A.2.d
above, while children with higher blood Pb levels are at greater
risk of Pb-related effects than children with lower blood Pb levels,
on an incremental basis (e.g., per [micro]g/dL) the risk is greater
for children at lower blood Pb levels. The 2008 revision of the
primary Pb standard focused on the incremental impact of air-related
Pb on young children and in so doing, recognized the greater
incremental impact for those children with lower absolute blood Pb
levels. Accordingly, the decision focused on those C-R studies
involving the lowest blood Pb levels (as summarized in II.A.1
above). Although the comment did not indicate how information that
some groups may be generally more highly exposed to Pb should be
used, we note that for the Administrator to rely on C-R functions
from analyses for higher blood Pb study groups (with a less steep
slope) would lead to consideration of a higher standard level, and
would not provide the desired protection for the sensitive group of
children with lower blood Pb levels that are exposed to air-related
Pb in areas with air Pb concentrations at the level of the standard
(73 FR 67002-07, November 12, 2008; 80 FR 311-313, January 5, 2015).
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With regard to consideration of the potential for risk reduction
from lower air concentrations, the PA stated that ``the uncertainties
and limitations associated with many aspects of the estimated
relationships between air Pb concentrations and blood Pb levels and
associated health effects are amplified with consideration of
increasingly lower air concentrations'' (PA, p. 4-35). Contrary to the
suggestion by the CHPAC and the smelter company, the PA did not
conclude that there would be public health benefits from a lower
standard and that such benefits were not large enough to warrant
revising the standard. Rather, the PA notes that ``[a]s recognized at
the time of the last review, exposure and risk modeling conducted for
[the REA] was complex and subject to significant uncertainties'' (PA,
p. 3-67) and recognizes ``increasing uncertainty of risk estimates''
for air Pb concentrations below those associated with the current
standard (PA, p. 4-35). The PA further stated that that ``there is
appreciable uncertainty associated with drawing conclusions regarding
whether there would be reductions in blood Pb levels and risk to public
health from alternative lower levels of the standard as compared to the
level of the current standard'' (PA, pp. 4-35 to 4-36). The CASAC
stated that it agreed with this conclusion regarding ``[t]he obvious
uncertainty'' articulated in the PA, additionally stating, as noted
above, that ``[a]lthough there is evidence that even
[[Page 71931]]
very low Pb levels are related to measurable reductions in IQ in
children, the extent to which the blood Pb levels observed in children
are linked to ambient air Pb levels below the current standard (as
opposed to other sources of Pb in the environment) has not been
established'' and, accordingly (as noted below), that the current
information does not provide support for lowering the primary standard
(Frey, 2013b, Consensus Response to Charge Questions, pp. 6-8). These
conclusions from the CASAC and the PA findings were among the
considerations that led to the Administrator's proposed decision
(summarized in section II.B.1 above) and her final decision in this
review, as described in section II.B.4 below, that, based on the
current scientific information, including information regarding at-risk
populations, as well as uncertainties and limitations associated with
the current information, the current primary standard provides the
requisite protection of public health with an adequate margin of
safety, including the health of at-risk populations.
The comment regarding a potential for increases in air Pb near
sources of Pb emissions if the standard is not revised does not explain
how such a potential provides support for revising the standard. The
comment also suggests that EPA consider two alternative standard levels
well below the current standard level while providing no explanation of
why a revised standard with either of the suggested levels would be
requisite. With regard to the potential for increases in air Pb near
sources of Pb emissions if the standard is not revised, we note that
such a concern, to the extent it applies to the current standard, would
also pertain to any more stringent Pb standard except in the extreme
case in which the standard is set such that there is no location with
air quality conditions better than those that just meet the standard.
As discussed in sections II.B.1 above and II.B.4 below, the
Administrator has considered the current evidence and exposure/risk
information with regard to the potential for a revised standard to
offer additional protection, found there to be substantial uncertainty
associated with such a potential, and concluded that the current
standard is requisite. Regarding the possibility that air Pb
concentrations could increase in some locations, we additionally note
that the Clean Air Act and associated EPA permitting regulations
restrict increases in air Pb concentrations (and in other pollutants
for which there are NAAQS) in various circumstances, both in areas
already meeting the NAAQS as well as those in nonattainment (e.g., New
Source Review regulations at 40 CFR part 51, subpart I, applicable in
attainment and nonattainment areas; General Conformity regulations at
40 CFR 93.150-165, applicable in nonattainment and maintenance areas;
and, the general anti-backsliding requirements under Section 110(l) of
the Clean Air Act).
Regarding the view expressed by some commenters that the most
restrictive standard assessed in the 2007 REA should be adopted, \65\
or that the standard level should be revised to a concentration
described in one comment as the average air Pb concentration in
pristine locations, we note the greater uncertainty in risk estimates
associated with air quality scenarios for air Pb concentrations
increasingly below those of current conditions. Additionally, the PA
described the ``increasing uncertainty recognized for air quality
scenarios involving air Pb concentrations increasingly below the
current conditions for each case study, recognizing that such
uncertainty is due in part to modeling limitations deriving from
uncertainty regarding relationships between ambient air Pb and outdoor
soil/dust Pb and indoor dust Pb'' (PA, 4-34). Further, the PA
concluded, and the CASAC agreed, that ``there is appreciable
uncertainty associated with drawing conclusions regarding whether there
would be reductions in blood Pb levels from alternative lower levels as
compared to the level of the current standard' (Frey, 2013b, Consensus
Response to Charge Questions, p. 6; PA, p.4-35 to 4-36). The CASAC
further stated that ``there is not justification for modifying the
current standard based on these data at this time'' (Frey, 2013b,
Consensus Response to Charge Questions, p. 8). In reaching her proposed
decision to retain the current standard, the Administrator took note of
the PA conclusion and associated CASAC agreement and additionally
recognized that ``the uncertainties and limitations associated with the
many aspects of the estimated relationships between air Pb
concentrations and blood Pb levels and associated health effects are
amplified with consideration of increasingly lower air concentrations''
(80 FR 313). Finally, in the proposal, as in the final decision
described in section II.B.3 below, the Administrator judges this
uncertainty to be too great for the current evidence and exposure/risk
information to provide a basis for revising the current standard. With
regard to comments recommending consideration of technological
feasibility in judging the requisiteness of the primary standard, we
note, as we have described in section I.A above, the EPA may not
consider technological feasibility or attainability in determining what
standard is requisite to protect public health with an adequate margin
of safety.
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\65\ The alternative more stringent primary standard suggested
by the CHPAC was the most stringent assessed in the 2007 REA and
included both a lower level and a shorter averaging time than those
for the current standard. In establishing the current standard in
2008, the EPA considered these suggestions regarding level and
averaging time, which were also made by the CHPAC at that time. The
EPA's considerations with regard to averaging time in establishing
the current standard in 2008 are summarized in section II.E.1 of the
proposal and section 4.1.1.2 of the PA. The comments from the CHPAC
repeat its recommendation from the last review and do not provide
any additional information or explanation in support of its view on
a revised averaging time. The EPA response to substantive comments
on averaging time in the last review from the CASAC and the public,
including the CHPAC, is described in the notice of final decision
(73 FR 66991-996, November 12, 2008).
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Comments on topics less directly related to consideration of the
primary standard included recommendations for addressing data gaps and
uncertainties to inform future reviews. Additionally, one comment
focused on pathways by which Pb may be further distributed in the
environment, recommending use of a ``more robust [monitoring] network
to adequately estimate children's lead exposures from transient and
other sources,'' emphasizing building demolition and Pb wheel weights.
This comment also states that the PA overlooks the contribution from
these and other sources and therefore may underestimate the number of
children exposed to Pb from transient sources. Another comment
described leaded aviation gasoline and airports as a source of Pb
emissions but did not explain how such information was relevant to the
Administrator's proposed decision that the current standard provided
the requisite protection and should be retained without revision.
With regard to the need for research, the PA highlighted key
uncertainties associated with reviewing and establishing NAAQS for Pb
and areas for future health-related research, model development, and
data gathering. The topic areas of key uncertainties, research
questions and data gaps that were highlighted in the PA with regard to
review of the health-based primary standard overlap with many raised by
commenters. We encourage research in these areas, although we note that
research planning and priority setting are beyond the scope of this
action.
With regard to the monitoring network in place for Pb NAAQS
[[Page 71932]]
surveillance, the current regulations require air monitors in areas
that are expected to or have been shown to experience or contribute to
exceedance of the standards. As described in section I.E above, this
includes requirements for monitors in areas with non-airport sources
emitting 0.5 tpy or where an airport emits 1.0 or more tpy, based on
either the most recent National Emissions Inventory or other
scientifically justifiable methods and data (40 CFR part 58, appendix
D, section 4.5). The establishment of the source-oriented monitoring
requirement reflects our conclusion that monitoring should be
presumptively required at sites near sources that have estimated Pb
emissions in exceedance of a Pb ``emissions threshold'' (73 FR 67025).
This monitoring requirement applies not only to existing industrial
sources of Pb, but also to fugitive sources of Pb (e.g., mine tailing
piles, closed industrial facilities) and airports where leaded aviation
gasoline is used. Additionally, as noted in section I.E above, to
account for other sources that may contribute to a maximum Pb
concentration in ambient air in excess of the Pb NAAQS, the monitoring
regulations also grant the EPA Regional Administrator the authority to
require additional monitoring ``where the likelihood of Pb air quality
violations is significant or where the emissions density, topography,
or population locations are complex and varied'' (40 CFR part 58,
appendix D, section 4.5(c)).
In addition to this monitoring required for Pb NAAQS surveillance,
state or local agencies may site additional monitors and there are also
particulate matter monitoring networks that collect Pb data in specific
particle size fractions in many urban areas (40 CFR part 58, appendix
D, section 4.5). Further, as described in section I.E above,\66\
monitoring data collected at NCore sites in large population areas, in
combination with the data for all other non-source-oriented sites,
including those in urban areas, indicate air Pb concentrations well
below the Pb NAAQS (as summarized in section I.E above). Accordingly,
we believe that the current Pb monitoring requirements are consistent
with the currently available information regarding sources of Pb to the
ambient air and areas with the potential for exceedance of the Pb
standards. Further, as described below, the information available
regarding the transient sources mentioned by the commenters does not
indicate the potential for such transient sources to result in
exceedances of the NAAQS.
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\66\ The various air Pb monitoring networks are summarized in
section I.E above and described in more detail in section 2.2.1 of
the PA.
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As to the comment on the significance of building demolition or Pb
wheel weights in contributing to environmental Pb exposure pathways,
the ISA and PA considered the very limited available data pertaining to
these issues. With regard to building demolition, for which the data
are in terms of loading of dust containing Pb on alleys and sidewalks
immediately following an event, the ISA concludes that the limited data
``suggest that building demolition may be a short-term source of Pb in
the environment,'' and that ``it is unclear if demolition is related to
long-term Pb persistence in the environment'' (ISA, p. 2-21).\67\
Accordingly, we do not interpret the limited available information,
which does not include measurements of air Pb concentrations, to
indicate a potential for such occasional activities as demolition of
buildings containing leaded paint to result in air Pb concentrations
near or in exceedance of the NAAQS. \68\ With regard to the comment on
lead wheel weights, we note that the commenter states they are unaware
of studies that have assessed the impact of Pb wheel weights on
childhood blood Pb levels, as are we. The ISA examined the very limited
data on potential contribution of Pb wheel weights to Pb near roadways;
these data yield widely varying and uncertain estimates of associated
Pb releases (ISA, section 2.2.2.6). Contrary to the commenter's
assertion that the PA overlooks these potential Pb exposure pathways,
the assessment and consideration of policy-relevant information in the
PA \69\ reflects these ISA findings based on consideration of the
current information for these potential transient pathways.
Specifically, the current information does not provide support for
specific estimates of exposures associated with these pathways.
Further, data for monitoring sites near roads find Pb concentrations
well below the NAAQS (e.g., ISA, Figure 2-20). Thus, we conclude that
the current information does not provide support for changes to the
current Pb monitoring regulations with regard to roadways or occasional
activities such as building demolition.
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\67\ Characterization of this activity by the study published
subsequent to the ISA that was cited by the CHPAC (Jacobs et al.,
2013) is consistent with findings from the limited number of studies
included in the ISA (ISA, p. 2-21).
\68\ We note that airborne dust release from demolition of large
buildings in some areas may be regulated under various state and/or
local programs (e.g., demolition activities in some particulate
matter non-attainment or maintenance areas may be subject to
specific state implementation plan requirements on airborne dust
releases).
\69\ Consistent with the strength and specificity of information
described in the ISA, the PA recognizes the loss of Pb wheel weights
as an additional source of Pb emissions and notes the potential for
previously deposited Pb to be resuspended into the air, without
providing detailed consideration (PA, sections 2.1.2.2 and 2.1.2.4).
Further, the input for air-to-blood ratio in the air-related IQ loss
evidence-based framework, which the Administrator has used as a
guide in her consideration of the adequacy of the current standard,
does not restrict sources of Pb from consideration. Thus, such
ratios, which are drawn from empirical studies, would be expected to
reflect all sources contributing to children's blood Pb, including
the transient sources identified by commenters to the extent they
provide contributions (ISA, section 3.5; PA, section 3.1; 80 FR 298-
300, January 5, 2015; 73 FR 66973-66975,67004, November 12, 2008).
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4. Administrator's Conclusions
Having carefully considered the public comments, as discussed
above, the Administrator believes that the fundamental scientific
conclusions on the effects of Pb in ambient air reached in the ISA and
PA, and summarized in sections II.B and II.C of the proposal, remain
valid. Additionally, the Administrator believes the judgments she
reached in the proposal (section II.E.4) with regard to consideration
of the evidence and quantitative exposure/risk information remain
appropriate. Thus, as described below, the Administrator concludes that
the current primary standard provides the requisite protection of
public health with an adequate margin of safety and should be retained.
In considering the adequacy of the current primary Pb standard, the
Administrator has carefully considered the current policy-relevant
evidence and conclusions contained in the ISA; the evaluation of this
evidence and the exposure/risk information, rationale and conclusions
presented in the PA; the advice and recommendations from the CASAC; and
public comments. In the discussion below, the Administrator gives
weight to the PA conclusions, with which the CASAC has concurred, as
summarized in section II of the proposal, and takes note of key aspects
of the rationale for those conclusions that contribute to her decision
in this review.
As an initial matter, the Administrator recognizes the complexity
involved in considering the adequacy of protection in the case of the
primary Pb standard, which differs substantially from that involved in
consideration of the health protection provided by the primary
standards in other NAAQS reviews. For the pollutants in the other
reviews, the more limited focus solely on the inhalation pathways of
exposure is a relatively simpler context. Further, as
[[Page 71933]]
described in the PA and noted in section II.B.1 above, the influence of
multimedia and historical exposure on the internal biomarkers in Pb
epidemiological studies contrasts with the epidemiological studies
considered for other NAAQS pollutants which focus on generally current
concentrations of those pollutants in ambient air. While the use of an
internal biomarker strengthens conclusions regarding Pb as the causal
agent in associations observed in epidemiological studies, the
persistence of Pb and the role of multimedia and historical exposures
limit the conclusions that can be drawn regarding the particular
exposure circumstances eliciting the reported effects. Thus, as we lack
studies that can directly assess current concentrations of Pb in
ambient air (including in locations where the current standard is met)
and the occurrence of health effects, we primarily consider the
evidence for, and risk estimated from, models, based upon key
relationships, such as those among ambient air Pb, Pb exposure, blood
Pb and health effects. This information base, both with its strong,
long-established evidence of the health effects of Pb in young
children, and the associated limitations and uncertainties mentioned
here, contributes to our conclusions regarding relationships between
ambient air Pb conditions under the current standard and health
effects.
The Administrator recognizes that in primary NAAQS reviews, our
understanding of the relationships between the presence of a pollutant
in ambient air and associated health effects is based on a broad body
of information encompassing not only more established aspects of the
evidence, but also aspects in which there may be substantial
uncertainty. In the case of this review of the primary standard for Pb,
she takes note of the increased uncertainty in characterizing the
relationship of effects on IQ with blood Pb levels below those
represented in the evidence base and in projecting the magnitude of
blood Pb response to ambient air Pb concentrations at and below the
level of the current standard. The PA recognizes this increased
uncertainty, particularly in light of the multiple factors that play a
role in such a projection (e.g., meteorology, atmospheric dispersion
and deposition, human physiology and behavior), each of which carry
attendant uncertainties. These aspects of the scientific evidence and
analyses, and the associated uncertainties, collectively contribute to
the Administrator's recognition that for Pb, as for other pollutants,
the available health effects evidence and associated information
generally reflect a continuum, consisting of levels at which scientists
generally agree that health effects are likely to occur, through lower
levels at which the likelihood and magnitude of the response become
increasingly uncertain.
With regard to the current evidence, as summarized in the PA and
discussed in detail in the ISA, the Administrator takes note of the
well-established body of evidence on the health effects of Pb, which
has been augmented in some aspects since the last review and continues
to support identification of neurocognitive effects in young children
as the most sensitive endpoint associated with Pb exposure. For
example, while the ISA continues to recognize cardiovascular effects in
adults, in addition to neurodevelopmental effects in children, as being
associated with the lowest blood Pb levels compared to other health
effects (ISA, pp. xciii), the ISA also notes uncertainties regarding
the timing, frequency, duration and level of Pb exposures contributing
to the effects observed in adult epidemiologic studies and indicates
that higher exposures in the past (rather than lower current exposures)
may contribute to the development of health effects measured later in
life (ISA, p. lxxxviii). Given the evidence-based identification of
neurocognitive effects in young children as the most sensitive endpoint
associated with Pb exposure, the Administrator has accordingly focused
on nervous system effects in young children and particularly
neurocognitive effects. In so doing, she finds that the evidence, while
describing a broad array of health effects associated with Pb,
continues to indicate that a standard that provides protection from
neurocognitive effects in young children additionally provides
protection from other health effects of Pb, such as those reported in
adult populations.
The Administrator takes note of the PA finding that application of
the air-related IQ loss evidence-based framework, developed in the last
review, continues to provide a useful approach for considering and
integrating the evidence on relationships between Pb in ambient air and
Pb in young children's blood and risks of neurocognitive effects (for
which IQ loss is used as an indicator). In so doing, as in the 2008
review, she notes that the framework, and the IQ loss estimates yielded
by it for specific combinations of standard level, air-to-blood ratio
and C-R function, does not provide an evidence- or risk-based bright
line that indicates a single appropriate level for the standard.
Further, the Administrator recognizes uncertainties associated with IQ
estimates produced by the framework, noting the PA conclusion that the
uncertainties increase with estimates associated with successively
lower standard levels. She additionally takes note of the PA finding
(described in section II.E.1 of the proposal) that the currently
available evidence base, while somewhat expanded since the last review,
is not appreciably expanded or supportive of appreciably different
conclusions with regard to air-to-blood ratios or C-R functions for
neurocognitive decrements in young children. The Administrator further
notes the concurrence from the CASAC on both of these points and the
lack of recommendations in public comments for a change to either of
these inputs to the evidence-based framework. Thus, she judges the
evidence base and related air-related IQ loss framework to be an
appropriate tool for informing her decision on the adequacy of the
current standard.
In light of the continuum referenced above, the Administrator
additionally recognizes in this review, as in the 2008 review, the role
of judgment in reaching conclusions regarding Pb health effects that
are important from a public health perspective. Most specifically, the
Administrator has considered the public health significance of a
decrement of a very small number of IQ points in the at-risk population
of young children, in light of associated uncertainties. With regard to
making a public health policy judgment as to the appropriate protection
against risk of air-related IQ loss and related effects, the
Administrator believes, as did the Administrator at the time of the
last review, that ideally air-related (as well as other) exposures to
environmental Pb would be reduced to the point that no IQ impact in
children would occur. She recognizes, however, that in the case of
setting NAAQS, she is required to make a judgment as to what degree of
protection is requisite (neither more nor less than necessary) to
protect public health with an adequate margin of safety. As described
in the proposal with regard to considering the public health
significance of IQ loss estimates in young children, the Administrator
gives weight to the comments of the CASAC and some public commenters in
the last review which recognized a population mean IQ loss of 1 to 2
points to be of public health significance and recommended that a very
high
[[Page 71934]]
percentage of the U.S. population be protected from such a magnitude of
IQ loss (73 FR 67000, November 12, 2008). She additionally notes that
the CASAC did not provide a different goal in the present review. The
Administrator additionally notes that the EPA is aware of no new
information or new commonly accepted guidelines or criteria within the
public health community for interpreting public health significance of
neurocognitive effects in the context of a decision on adequacy of the
current Pb standard (PA, pp. 4-33 to 4-34), and no new information has
been identified by public commenters.
With the objective identified by the CASAC in the 2008 review in
mind, the Administrator recognizes, as was recognized at the time of
the last review, that her judgment on the degree of protection against
IQ impacts that should be afforded by the primary standard is
particularly focused on consideration of impacts in the at-risk
population and is not addressing a specific quantitative public health
policy goal for air-related decrements in IQ that would be acceptable
or unacceptable for the entire population of children in the U.S. As in
the last review, the at-risk population to which she gives particular
attention is the small subset of U.S. children living in close
proximity to air Pb sources that contribute to elevated air Pb
concentrations that equal the level of the standard). Accordingly, she
is considering IQ impacts in this small subset of U.S. children that is
expected to experience air-related Pb exposures at the high end of the
national distribution of such exposures (as described in section II.E.4
of the proposal and summarized in section II.B.1 above), and not a
projection of the average air-related IQ loss for the entire U.S.
population of children. The evidence-based framework estimates, with
which there are associated uncertainties and limitations (as described
in section II.A.1 above), relate to this small subset of children
exposed at the level of the standard. Based on these considerations,
the Administrator judges the conceptual evidence-based framework to
continue to be appropriate for her consideration of the public health
protection afforded by the current standard. Further, she concurs with
the PA findings (summarized in section II.E.1 of the proposal and
briefly outlined in II.B.1 above) that the current evidence, as
considered within the conceptual and quantitative context of the
evidence-based framework, and current air monitoring information
indicate that the current standard would be expected to satisfy the
public health policy goal recommended by the CASAC in the last Pb NAAQS
review, from which it did not indicate a departure in the present
review.
In the context of the Administrator's use of the framework as a
tool to inform her decision on the adequacy of the current standard,
the EPA additionally notes that the maximum, not to be exceeded, form
of the standard, in conjunction with the rolling 3-month averaging
time, is expected to result in the at-risk population of children being
exposed below the level of the standard most of the time (73 FR 67005,
November 12, 2008). In light of this and the uncertainty in the
relationship between time period of ambient level, exposure, and
occurrence of a health effect, the air-related IQ loss considered for
the current standard in applying the framework should not be
interpreted to mean that a specific level of air-related IQ loss will
occur in fact in areas where the standard is just met or that such a
loss has been determined as acceptable if it were to occur. Instead,
judgment regarding such an air-related IQ loss is one of the judgments
that need to be made in using the evidence-based framework to provide
useful guidance in the context of public health policy judgment on the
degree of protection from risk to public health that is sufficient but
not more than necessary, taking into consideration the patterns of air
quality that would likely occur upon just meeting the standard and
uncertainties in relating those patterns to exposures and effects.
In drawing conclusions regarding adequacy of the current standard
based on considering application of the evidence-based framework, the
Administrator further recognizes the degree to which IQ loss estimates
drawn from the air-related IQ loss evidence-based framework reflect
mean blood Pb levels that are below those represented in the currently
available evidence for young children, as described in section II.B.4
of the proposal. The Administrator views such an extension below the
lowest studied levels to be reasonable given the lack of identified
blood Pb level threshold in the current evidence base for
neurocognitive effects and the need for the NAAQS to provide a margin
of safety. She additionally takes note, however, of the PA finding that
the framework IQ loss estimates for standard levels lower than the
current standard level represent still greater extrapolations from the
current evidence base with corresponding increased uncertainty (PA,
section 3.2, pp. 4-32 to 4-33). The Administrator also gives weight to
the PA conclusion of greater uncertainty with regard to relationships
between concentrations of Pb in ambient air and air-related Pb in
children's blood, and with regard to estimates of the slope of the C-R
function of neurocognitive impacts (IQ loss) for application of the
framework to levels below the current standard, given the weaker
linkage with existing evidence as discussed in the PA (PA, sections
3.1, 3.2 and 4.2.1). Thus, consistent with the conceptual continuum
referenced above, the Administrator recognizes the increasing
uncertainty with regard to likelihood of response and magnitude of the
estimates at levels extending below the current standard.
With respect to exposure/risk-based considerations, as in the last
review, the Administrator notes the complexity of the REA modeling
analyses and the associated limitations and uncertainties. Based on
consideration of the risk-related information for conditions just
meeting the current standard, the Administrator takes note of the
attendant uncertainties, discussed in detail in the PA (PA, sections
3.4 and 4.2.2), while finding that the quantitative risk estimates,
with a focus on those for the generalized (local) urban case study, are
roughly consistent with and generally supportive of estimates from the
air-related IQ loss evidence-based framework. She further takes note of
the PA finding of increasing uncertainty for air quality scenarios
involving air Pb concentrations increasingly below the current
conditions for each case study, due in part to modeling limitations
that derive from uncertainty regarding relationships between ambient
air Pb and outdoor soil/dust Pb and indoor dust Pb (PA, sections
3.4.3.1 and 3.4.7).
Based on the above evidence- and exposure/risk-based considerations
and with consideration of advice from CASAC and public comment, the
Administrator concludes that the current standard provides protection
for young children from neurocognitive impacts, including IQ loss, that
is consistent with advice from CASAC regarding IQ loss of public health
significance. Based on consideration of the evidence and exposure/risk
information available in this review with its attendant uncertainties
and limitations, and information that might inform public health policy
judgments, as well as advice from CASAC, including its concurrence with
the PA conclusions that revision of the primary Pb standard is not
warranted at this time, the Administrator further concludes that it is
appropriate to retain
[[Page 71935]]
the current standard without revision. The Administrator bases these
conclusions on consideration of the health effects evidence, including
consideration of this evidence in the context of the air-related IQ
loss evidence-based framework, and with support from the exposure/risk
information, recognizing the uncertainties attendant with both. In so
doing, she takes note of the PA description of the complexities and
limitations in the evidence base associated with reaching conclusions
regarding the magnitude of risk associated with the current standard,
as well as the increasing uncertainty of risk estimates for lower air
Pb concentrations. Inherent in the Administrator's conclusions are
public health policy judgments on the public health implications of the
blood Pb levels and risk estimated for air-related Pb under the current
standard, including the public health significance of the Pb effects
being considered, as well as aspects of the use of the evidence-based
framework that may be considered to contribute to the margin of safety
(as noted in section II.A.1 above and the 2008 decision preamble to the
final rule, 73 FR 67007, November 12, 2008). These public health policy
judgments include judgments related to the appropriate degree of public
health protection that should be afforded to protect against risk of
neurocognitive effects in at-risk populations, such as IQ loss in young
children, as well as the appropriate weight to be given to differing
aspects of the evidence and exposure/risk information, and how to
consider their associated uncertainties. Based on these considerations
and the judgments identified here, the Administrator concludes that the
current standard provides the requisite protection of public health
with an adequate margin of safety, including protection of at-risk
populations, such as, in particular, young children living near Pb
emissions sources where ambient concentrations just meet the standard.
In reaching this conclusion with regard to the adequacy of public
health protection afforded by the existing primary standard, the
Administrator recognizes that in establishing primary standards under
the Act that are requisite to protect public health with an adequate
margin of safety, she is seeking to establish standards that are
neither more nor less stringent than necessary for this purpose. The
Act does not require that primary standards be set at a zero-risk
level, but rather at a level that avoids unacceptable risks to public
health, even if the risk is not precisely identified as to nature or
degree. The CAA requirement that primary standards provide an adequate
margin of safety was intended to address uncertainties associated with
inconclusive scientific and technical information available at the time
of standard setting, as described in section I.A above. This
requirement was also intended to provide a reasonable degree of
protection from hazards that research has not yet identified.
In this context, the Administrator has considered conclusions drawn
in the ISA and PA with regard to interpretation of the information
concerning the broader array of health effects of Pb beyond those on
the nervous system of young children. Based on the body of evidence in
support of identification of neurocognitive effects in young children
as the most sensitive endpoint associated with Pb exposure, as noted
previously in this section and briefly summarized in section II.A.2
above, she judges that a standard providing protection from such
effects additionally provides adequate protection against the risk of
other health effects and she further concludes that consideration of
the more limited and less certain information concerning Pb exposures
associated with such other effects does not lead her to identify a need
for any greater protection.
Further, the Administrator's conclusion that the current standard
provides the requisite protection and that a more restrictive standard
would not be requisite additionally recognizes that the uncertainties
and limitations associated with the many aspects of the estimated
relationships between air Pb concentrations and blood Pb levels and
associated health effects are amplified with consideration of
increasingly lower air concentrations. In reaching this conclusion, she
additionally takes note of the PA conclusion, with which the CASAC has
agreed, that based on the current evidence, there is appreciable
uncertainty associated with drawing conclusions regarding whether there
would be reductions in blood Pb levels and risk to public health from
alternative lower levels of the standard as compared to the level of
the current standard (PA, pp. 4-35 to 4-36; Frey, 2013b, Consensus
Response to Charge Questions, p. 6). The Administrator judges this
uncertainty to be too great for the current evidence and exposure/risk
information to provide a basis for revising the current standard. Thus,
based on the public health policy judgments described above, including
the weight given to uncertainties in the evidence, the Administrator
concludes that the current standard should be retained, without
revision.
C. Decision on the Primary Standard
For the reasons discussed above, and taking into account
information and assessments presented in the ISA and PA, the advice
from CASAC, and consideration of public comments, the Administrator
concludes that the current primary standard for Pb is requisite to
protect public health with an adequate margin of safety, including the
health of at-risk populations, and is retaining the standard without
revision.
III. Rationale for Decision on the Secondary Standard
This section presents the rationale for the Administrator's
decision to retain the existing secondary Pb standard, which, as
discussed more fully below, is based on a thorough review in the ISA of
the latest scientific information, generally published through
September 2011, on welfare effects associated with Pb and pertaining to
the presence of Pb in the ambient air. This decision also takes into
account (1) the PA's staff assessments of the most policy-relevant
information in the ISA and staff analyses of potential ecological
exposures and risk, upon which staff conclusions regarding appropriate
considerations in this review are based; (2) the CASAC advice and
recommendations, as reflected in discussions of drafts of the ISA and
PA at public meetings, in separate written comments, and in the CASAC's
letters to the Administrator; (3) public comments received during the
development of these documents, either in connection with CASAC
meetings or separately; and (4) public comments on the proposal.
Section III.A provides background on the general approach for the
review of the secondary NAAQS for Pb and brief summaries of key aspects
of the current body of evidence on welfare effects associated with Pb
exposures and the exposure/risk information considered in this review.
Section III.B summarizes the basis for the proposed decision and advice
from the CASAC, addresses public comments and presents the conclusions
the Administrator has drawn from a full consideration of the
information. Section III.C summarizes the Administrator's decision on
the secondary standard.
A. Introduction
As provided in the Act, the secondary standard is to ``specify a
level of air quality the attainment and maintenance of which in the
judgment of the
[[Page 71936]]
Administrator . . . is requisite to protect the public welfare from any
known or anticipated adverse effects associated with the presence of
the pollutant in the ambient air'' (CAA, section 109(b)(2)). The
secondary standard is not meant to protect against all known or
anticipated Pb-related effects, but rather those that are judged to be
adverse to the public welfare, and a bright-line determination of
adversity is not required in judging what is requisite (78 FR 3212,
January 15, 2013; 80 FR 65376, October 26, 2015). Thus, the level of
protection from known or anticipated adverse effects to public welfare
that is requisite for the secondary standard is a public welfare policy
judgment to be made by the Administrator. In exercising that judgment,
the Administrator seeks to establish standards that are neither more
nor less stringent than necessary for this purpose. This section
presents the rationale for the Administrator's decision to retain the
existing secondary NAAQS for Pb, without revision. The Administrator's
decision draws upon scientific information and analyses about welfare
effects, exposure and risks, as well as judgments about the range of
uncertainties that are inherent in the scientific evidence and
analyses. This approach is consistent with the requirements of the
NAAQS provisions of the Act.
In the last review, completed in 2008, the current secondary
standard for Pb was revised substantially, consistent with the revision
to the primary standard (73 FR 66964, November 12, 2008). The 2008
decision considered the body of evidence as assessed in the 2006 CD
(USEPA, 2006a) as well as the 2007 Staff Paper assessment of the
policy-relevant information contained in the 2006 CD and the screening-
level ecological risk assessment (2006 REA; USEPA, 2007b), the advice
and recommendations of CASAC (Henderson 2007a, 2007b, 2008a, 2008b),
and public comment. At that time, the Staff Paper concluded, based on
laboratory studies and current media concentrations in a wide range of
locations, that it seemed likely that adverse effects were occurring
from ambient air-related Pb, particularly near point sources, under the
then-current standard (73 FR 67010, November 12, 2008). Given the
limited data on Pb effects in ecosystems, and associated uncertainties,
such as those with regard to factors such as the presence of multiple
metals and historic environmental burdens, the EPA also considered the
evidence of Pb effects on organisms with regard to implications for
ecosystem effects. Taking into account the available evidence and
information on media concentrations in a wide range of locations, the
Administrator concluded that there was potential for adverse effects
occurring under the then-current standard; however there were
insufficient data to provide a quantitative basis for setting a
secondary standard different from the primary (73 FR 67011, November
12, 2008). Therefore, citing a general lack of data that would indicate
the appropriate level of Pb in environmental media that may be
associated with adverse effects, as well as the comments of the CASAC
Pb panel that a significant change to current air concentrations (e.g.,
via a significant change to the standard) was likely to have
significant beneficial effects on the magnitude of Pb exposures in the
environment, the EPA revised the secondary standard substantially,
consistent with revisions made to the primary standard (73 FR 67011,
November 12, 2008).
Building on the approach and findings in the last review, this
current review of the secondary standard considers the currently
available scientific and technical information in the context of key
policy-relevant questions. This review focuses on the consideration of
the extent to which the body of scientific evidence now available calls
into question the adequacy of the current standard. In considering the
scientific and technical information, we draw on the ecological effects
evidence presented in detail in the ISA and aspects summarized in the
PA, along with the information associated with the screening-level risk
assessment also in the PA. Thus, we have taken into account both
evidence-based and risk-based considerations pertaining to the series
of policy-relevant questions presented in the PA. These questions
generally address the extent to which we are able to characterize
effects and the likelihood of adverse effects in the environment under
the current standard. Our approach to considering this information
recognizes that the available welfare effects evidence generally
reflects laboratory-based evidence of toxicological effects on specific
organisms exposed to concentrations of Pb (ISA, section 6.5).
Additionally, it is widely recognized that environmental exposures from
atmospherically derived Pb are likely to be lower than those commonly
assessed in laboratory studies and that studies of exposures similar to
those in the environment are often accompanied by significant
confounding and modifying factors (e.g., other metals, acidification),
increasing our uncertainty about the likelihood and magnitude of
organism and ecosystem responses (ISA, Section 6.5).
1. Overview of Welfare Effects Information
Welfare effects include, but are not limited to, ``effects on
soils, water, crops, vegetation, man-made materials, animals, wildlife,
weather, visibility and climate, damage to and deterioration of
property, and hazards to transportation, as well as effects on economic
values and on personal comfort and wellbeing'' (CAA, section 302(h)).
In this section, we provide an overview of the key aspects of the
current evidence of Pb-related welfare effects that is assessed in the
ISA and the 2006 CD, drawing from the summary of policy-relevant
aspects in the PA (PA, section 5.1) and section III.B of the proposed
rulemaking (80 FR 314-317, January 5, 2015).
Lead has been demonstrated to have harmful effects on reproduction
and development, growth, and survival in many species as described in
the assessment of the evidence available in this review and consistent
with the conclusions drawn in the last review (ISA, section 1.7; 2006
CD, sections 7.1.5 and 7.2.5). A number of studies on ecological
effects of Pb are newly available in this review and are critically
assessed in the ISA as part of the full body of evidence. The full body
of currently available evidence reaffirms conclusions on the array of
effects recognized for Pb in the last review (ISA, section 1.7). In so
doing, in the context of pollutant exposures considered relevant the
ISA determines \70\ that causal \71\ or likely causal \72\
relationships exist at the individual and population level in both
[[Page 71937]]
freshwater and terrestrial ecosystems for Pb with effects on
reproduction and development in vertebrates and invertebrates; growth
in plants and invertebrates; and survival in vertebrates and
invertebrates (ISA, Table 1-3). With regard to saltwater ecosystems,
the ISA concludes that the current evidence is inadequate to make
causality determinations for most effects, while finding the evidence
to be suggestive of a linkage between Pb and effects on reproduction
and development in marine invertebrates (ISA, Table 1-3, sections
6.3.12 and 6.4.21). In drawing judgments regarding causality for the
criteria air pollutants, the ISA places emphasis on ``evidence of
effects at doses (e.g., blood Pb concentration) or exposures (e.g., air
concentrations) that are relevant to, or somewhat above, those
currently experienced by the population.'' The ISA notes that the
``extent to which studies of higher concentrations are considered
varies . . . but generally includes those with doses or exposures in
the range of one to two orders of magnitude above current or ambient
conditions.'' Studies ``that use higher doses or exposures may also be
considered . . . [t]hus, a causality determination is based on weight
of evidence evaluation for health, ecological or welfare effects,
focusing on the evidence from exposures or doses generally ranging from
current levels to one or two orders of magnitude above current levels''
(ISA, pp. lx to lxi). Although considerable uncertainties are
recognized in generalizing effects observed under particular, small-
scale conditions, up to the ecosystem level of biological organization,
the ISA also determines that a causal relationship is also likely at
higher levels of biological organization between Pb exposures and
community and ecosystem-level effects in freshwater and terrestrial
systems (ISA, section 1.7.3.7).
---------------------------------------------------------------------------
\70\ Since the last Pb NAAQS review, the ISAs, which have
replaced CDs in documenting each review of the scientific evidence
(or air quality criteria), employ a systematic framework for
weighing the evidence and describing associated conclusions with
regard to causality, using established descriptors: ``causal''
relationship with relevant exposure, ``likely'' to be a causal
relationship, evidence is ``suggestive'' of a causal relationship,
``inadequate'' evidence to infer a causal relationship, and ``not
likely'' to be a causal relationship (ISA, Preamble).
\71\ In determining that a causal relationship exists for Pb
with specific ecological or welfare effects, the EPA has concluded
that ``[e]vidence is sufficient to conclude that there is a causal
relationship with relevant pollutant exposures (i.e., doses or
exposures generally within one to two orders of magnitude of current
levels)'' (ISA, p. lxii).
\72\ In determining a likely causal relationship exists for Pb
with specific ecological or welfare effects, the EPA has concluded
that ``[e]vidence is sufficient to conclude that there is a likely
causal association with relevant pollutant exposures . . . but
uncertainties remain'' (ISA, p. lxii).
---------------------------------------------------------------------------
As in prior reviews of the Pb NAAQS, this review is focused on
those effects most pertinent to ambient air Pb exposures. Given the
reductions in ambient air Pb concentrations over the past decades,
these effects are generally those associated with the lowest levels of
Pb exposure that have been evaluated. Additionally, we recognize the
limitations on our ability to draw conclusions about environmental
exposures from ecological studies of organism-level effects, as most
studies were conducted in laboratory settings which may not accurately
represent field conditions or the multiple variables that govern
exposure.
The relationship between ambient air Pb and ecosystem response is
important in making the connection between current emissions of Pb and
the potential for adverse ecological effects. The limitations in the
data available on this subject for the last review were significant.
There is no new evidence since the last review that substantially
improves our understanding of the relationship between ambient air Pb
and measurable ecological effects. As stated in the last review, the
role of ambient air Pb in contributing to ecosystem Pb has been
declining over the past several decades. It remains difficult to
apportion exposure between air and other sources to inform our
understanding of the potential for ecosystem effects that might be
associated with air emissions (ISA, section 6.4). Further, considerable
uncertainties also remain in drawing conclusions from effects evidence
observed under laboratory conditions with regard to effects expected at
the ecosystem level in the environment (ISA, section 6.5). In summary,
the ISA concludes that ``[r]ecent information available since the 2006
Pb AQCD, includes additional field studies in both terrestrial and
aquatic ecosystems, but the connection between air concentration and
ecosystem exposure continues to be poorly characterized for Pb and the
contribution of atmospheric Pb to specific sites is not clear'' (ISA,
section 6.5).
The bioavailability of Pb is also an important component of
understanding the effects Pb is likely to have on organisms and
ecosystems (ISA, section 6.3.3, 6.4.4 and 6.4.14). It is the amount of
Pb that can interact within the organism that can lead to toxicity, and
there are many factors which govern this interaction (ISA, sections
6.2.1 and 6.3.3). The bioavailability of metals varies widely depending
on the physical, chemical, and biological conditions under which an
organism is exposed (ISA, section 6.3.3). Studies newly available since
the last Pb NAAQS review provide additional insight into factors that
influence the bioavailability of Pb to specific organisms (ISA, section
6.3.3). On the whole, the current evidence, including that newly
available in this review, supports previous conclusions regarding
environmental conditions affecting bioavailability and the associated
potential for adverse effects of Pb on organisms and ecosystems (ISA,
section 6.3.3). Looking beyond organism-level evidence, the evidence of
adversity in natural systems remains sparse due to the difficulty in
determining the effects of confounding factors such as co-occurring
metals or system characteristics that influence bioavailability of Pb
in field studies. As summarized in the ISA, ``in natural environments,
modifying factors affect Pb bioavailability and toxicity and there are
considerable uncertainties associated with generalizing effects
observed in controlled studies to effects at higher levels of
biological organization'' and ``[f]urthermore, available studies on
community and ecosystem-level effects are usually from contaminated
areas where Pb concentrations are much higher than typically
encountered in the environment'' (ISA, p. xcvi).
There is no new evidence since the last review that substantially
improves our understanding of the relationship between ambient air Pb
and measurable ecological effects beyond what was understood in the
last review. As stated in the last review, the role of ambient air Pb
in contributing to ecosystem Pb has been declining over the past
several decades. It remains difficult to apportion exposure between air
and other sources to better inform our understanding of the potential
for ecosystem effects that might be associated with air emissions. As
noted in the ISA, ``[t]he amount of Pb in ecosystems is a result of a
number of inputs and it is not currently possible to determine the
contribution of atmospherically-derived Pb from total Pb in
terrestrial, freshwater or saltwater systems'' (ISA, section 6.5).
Further, considerable uncertainties also remain in drawing conclusions
from evidence of effects observed under laboratory conditions with
regard to effects expected at the ecosystem level in the environment.
In many cases it is difficult to characterize the nature and magnitude
of effects and to quantify relationships between ambient concentrations
of Pb and ecosystem response due to the existence of multiple
stressors, variability in field conditions, and differences in Pb
bioavailability at that level of organization (ISA, section 6.5). In
summary, the ISA concludes that ``[r]ecent information available since
the 2006 Pb AQCD, includes additional field studies in both terrestrial
and aquatic ecosystems, but the connection between air concentration
and ecosystem exposure continues to be poorly characterized for Pb and
the contribution of atmospheric Pb to specific sites is not clear''
(ISA, section 6.5).
2. Overview of Risk Assessment Information
The risk assessment information available in this review and
summarized
[[Page 71938]]
here is based on the screening-level risk assessment performed for the
last review, described in the 2006 REA, 2007 Staff Paper and 2008
notice of final decision (73 FR 66964, November 12, 2008), as
considered in the context of the evidence newly available in this
review (PA, section 5.2). Careful consideration of the information
newly available in this review, with regard to designing and
implementing a full REA for this review, led us to conclude that
performance of a new REA for this review was not warranted (REA
Planning Document, section 3.3). The CASAC Pb Review Panel generally
concurred with the conclusion that a new REA was not warranted for the
secondary standard in this review (Frey, 2011b). Accordingly, the
exposure/risk information considered in this review is drawn primarily
from the 2006 REA as summarized in the PA, section 5.2 and Appendix 5A;
REA Planning Document, section 3.1.
The 2006 screening-level assessment focused on estimating the
potential for ecological risks associated with ecosystem exposures to
Pb emitted into ambient air (PA, section 5.2; 2006 REA, section 7).
Both a national-scale screen and a case study approach were used to
evaluate the potential for ecological impacts that might be associated
with atmospheric deposition of Pb (2006 REA, section 7.1.2). Detailed
descriptions of the location-specific case studies and the national
screening assessment, key findings of the risk assessment for each, and
an interpretation of the results with regard to past air quality
conditions are presented in the 2006 REA. This information, which is
outlined below, is summarized more fully in section 5.2 of the PA and
section III.C of the proposal for this review (80 FR 317-319, January
5, 2015).
In interpreting the results from the 2006 REA, the PA considers the
availability of new evidence that may inform interpretation of risk
under the now-current standard (PA, section 5.2). Factors that could
alter our interpretation of risk would include new evidence of harm at
lower concentrations of Pb, new linkages that enable us to draw more
explicit conclusions as to the air contribution of environmental
exposures, and new methods of interpreting confounding factors that
were largely uncontrolled in the previous risk assessment. In general,
however, such new evidence is limited, and the key uncertainties
identified in the last review remain today. For example, with regard to
new evidence of Pb effects at lower concentrations, it is necessary to
consider that the evidence of adversity in natural systems due
specifically to Pb is limited, in no small part because of the
difficulty in determining the effects of confounding factors such as
multiple metals and modifying factors influencing bioavailability in
field studies, as noted in section III.A.1 above. Modeling of Pb-
related exposure and risk to ecological receptors is subject to a wide
array of sources of both variability and uncertainty resulting in
differences in Pb bioavailability as well as exposure (USEPA, 2005b).
Additionally, there are also significant difficulties in quantifying
the role of air emissions under the current standard, which is
significantly lower than the previous standard. As recognized in the
PA, Pb deposited before the standard was enacted remains in soils and
sediments, complicating interpretations regarding the impact of the
current standard (PA, section 1.3.2). For example, media in ecosystems
across the U.S. are still recovering from the past period of greater
atmospheric emissions and deposition, as well as from Pb derived from
nonair sources (PA, section 1.3.2).
As summarized in the PA and proposal, we have considered what the
risk information from the 2006 REA analyses indicates regarding the
potential for adverse welfare effects to result from levels of air-
related Pb that would meet the now-current standard. The circumstances
assessed in all but one of the case study locations, however, likely
include a history of ambient air Pb concentrations that exceeded the
NAAQS. Consequently, these analyses are not considered informative for
predicting effects at the far lower concentrations associated with the
current NAAQS. The nationwide surface water screen was likewise not
particularly informative because potential confounding by both nonair
inputs and resuspension of Pb related to historic sources was not
easily accounted for. The remaining case study was a site remote from
Pb sources for which atmospheric deposition was expected to be the
primary contributor to media Pb concentrations without obvious
confounding inputs. This case study, based on a summary review of
published findings for the study site, concluded that atmospheric Pb
inputs do not directly affect stream Pb levels because deposited Pb is
almost entirely retained in the soil profile, with the soil serving as
a Pb sink, appreciably reducing pore water Pb concentrations as it
moves through the soil layers to streams. As a result, this case study
(and the publications on which it was based) concluded that the
contribution of dissolved Pb from soils to streams was insignificant
(2006 REA, Appendix E). Additionally, we note that the 2006 CD, in
considering the findings for this site and other terrestrial sites with
Pb burdens derived primarily from long-range atmospheric transport,
found that ``[d]espite years of elevated atmospheric Pb inputs and
elevated concentrations in soils, there is little evidence that sites
affected primarily by long-range Pb transport have experienced
significant effects on ecosystem structure or function'' (2006 CD, p.
AX7-98). The PA and proposal concluded that this information suggests
that the now-lower ambient air concentrations associated with meeting
the current standard would not be expected to directly impact stream Pb
levels (PA, p. 6-10; 80 FR 319, January 5, 2015).
C. Conclusions on the Secondary Standard
1. Basis for the Proposed Decision
The basis for the proposed decision, which is described in section
III.D of the proposal, is very briefly summarized here. In considering
the welfare effects evidence and risk-based information with respect to
the adequacy of the current secondary standard, the Administrator
considered the array of evidence newly assessed in the ISA with regard
to the degree to which this evidence supports conclusions about the
effects of Pb in the environment that were drawn in the last review and
the extent to which it reduces previously recognized areas of
uncertainty. Further, she considered the current evidence and
associated conclusions about the potential for effects to occur as a
result of the much lower ambient Pb concentrations allowed by the
current secondary standard (set in 2008) than those allowed by the
prior standard, which was the focus of the last review. These
considerations informed the Administrator's proposed decision to retain
the current standard.
With regard to the evidence, the proposal noted there is very
limited evidence to relate specific ecosystem effects with current
ambient air concentrations of Pb through deposition to terrestrial and
aquatic ecosystems and subsequent movement of deposited Pb through the
environment (e.g., soil, sediment, water, organisms). The potential for
ecosystem effects of Pb from atmospheric sources under conditions
meeting the current standard is difficult to assess due to limitations
on the availability of information to fully characterize the
distribution of Pb from the atmosphere into ecosystems over the long
term, as well as limitations
[[Page 71939]]
on information on the bioavailability of atmospherically deposited Pb
(as affected by the specific characteristics of the receiving
ecosystem). Therefore, while there are newly available field studies in
this review, ``the connection between air concentration and ecosystem
exposure and associated potential for welfare effects continues to be
poorly characterized for Pb'' (ISA, section 6.4). Such a connection is
even harder to characterize with respect to the current standard than
it was in the last review with respect to the previous, much higher
standard.
With regard to the currently available risk and exposure
information, which continues to be sufficient to conclude that the 1978
standard was not providing adequate protection to ecosystems, the
proposal concluded that, when considered with regard to air-related
ecosystem exposures likely to occur with air Pb levels that just meet
the now-current standard, this current information also does not
provide evidence of adverse effects under the current standard.
Accordingly, in consideration of the risk information in combination
with the current evidence and the associated data gaps and
uncertainties, the Administrator proposed that the current standards be
retained, without revision.
2. CASAC Advice in This Review
In its review of the draft PA, the CASAC agreed with staff's
preliminary conclusions that the available information since the last
review is not sufficient to warrant revision to the secondary standard
(Frey, 2013b). On this subject, the CASAC letter said that ``[o]verall,
the CASAC concurs with the EPA that the current scientific literature
does not support a revision to the . . . Secondary Pb NAAQS'' (Frey,
2013b, p. 1). It additionally stated that ``[g]iven the existing
scientific data, the CASAC concurs with retaining the current secondary
standard without revision'' (Frey, 2013b, p. 2). The CASAC additionally
noted areas for additional research to address data gaps and
uncertainties (Frey, 2013b, p. 2).
3. Comments on the Proposed Decision
All of the public comments on the proposed decision to retain the
current secondary standard, without revision, indicated support. These
commenters include the NACAA, as well as both of the state agencies and
nearly all of the industry organizations that submitted comments. Only
a small subset of this group provided rationales for their concurrence
with EPA's proposed decision. These commenters emphasized limitations
and uncertainties in the welfare effects evidence, including
particularly those with regard to relationships between ambient air Pb
concentrations, levels of deposition, ecosystem exposures, and adverse
public welfare effects. One commenter also noted the CASAC's
concurrence with the EPA conclusion that the current evidence does not
support revision to the standard, and that information newly available
in this review does not substantially improve our understanding in the
identified areas of uncertainty or that would indicate that the current
standard is inadequate. The EPA generally agrees with these commenters
and with the CASAC regarding the adequacy of the current secondary
standard and the lack of support for revision of the standard.
4. Administrator's Conclusions
Based on the evidence and risk assessment information that is
available in this review concerning the ecological effects and
potential public welfare impacts of Pb emitted into ambient air, the
Administrator concludes that the current secondary standard provides
the requisite protection of public welfare from adverse effects and
should be retained. In considering the adequacy of the current
standard, the Administrator has considered the assessment of the
available evidence and conclusions contained in the ISA; the staff
assessment of and conclusions regarding the policy-relevant technical
information, including screening-level risk information, presented in
the PA; the advice and recommendations from CASAC; and public comments.
In reaching her decision, the Administrator gives weight to the PA
conclusions, with which CASAC has concurred, and takes note of key
aspects of the rationale presented for those conclusions which
contribute to her decision.
As she did in reaching her proposed decision, the Administrator
notes that the body of evidence on the ecological effects of Pb,
expanded in some aspects since the last review, continues to support
identification of ecological effects in organisms relating to growth,
reproduction, and survival as the most relevant endpoints associated
with Pb exposure. In consideration of the appreciable influence of
site-specific environmental characteristics on the bioavailability and
toxicity of environmental Pb in our assessment, there is a lack of
studies conducted under conditions closely reflecting the natural
environment. The currently available evidence, while somewhat expanded
since the last review, does not include evidence of significant effects
at lower concentrations or evidence of higher-level ecosystem effects
beyond those reported in the last review. There continue to be
significant difficulties in relating effects evidence from laboratory
studies to the natural environment and linking those effects to ambient
air Pb concentrations. Further, as the proposal and the PA note, the
EPA is aware of no new critical loads information that would inform our
interpretation of the public welfare significance of the effects of Pb
in various U.S. ecosystems (PA, section 5.1). In summary, while new
research has added to the understanding of Pb biogeochemistry and
expanded the list of organisms for which Pb effects have been
described, there remains a significant lack of knowledge about the
potential for adverse effects on public welfare from ambient air Pb in
the environment and the exposures that occur from such air-derived Pb,
particularly under conditions meeting the current standard (PA, section
6.2.1). Thus, the scientific evidence presented in detail and assessed
in the ISA, inclusive of that newly available in this review, is not
substantively changed, most particularly with regard to the adequacy of
the now-current standard, from the information that was previously
available and supported the decision for revision in the last review
(PA, section 6.2.1).
With respect to exposure/risk-based considerations identified in
the PA, the Administrator notes the complexity of interpreting the
previous risk assessment with regard to the ecological risk of ambient
air Pb associated with conditions meeting the current standard and the
associated limitations and uncertainties of such assessments. The
Administrator additionally takes note that the previous assessment is
consistent with and generally supportive of the evidence-based
conclusions about Pb in the environment, yet the limitations on our
ability to apportion Pb between past and present air contributions and
between air and nonair sources remain significant.
In summary, based on the considerations summarized above, the
Administrator judges that the information available in this review of
the Pb secondary standard, including the currently available welfare
effects evidence and exposure/risk information, does not call into
question the adequacy of the current standard to provide the requisite
protection for public welfare (PA, section 6.3). In so doing, she also
notes the advice from CASAC in this review, including that ``[g]iven
the existing scientific data, the CASAC concurs with retaining the
current secondary standard without revision.''
[[Page 71940]]
Thus, the Administrator concludes that the current standard is
requisite and should be retained.
C. Decision on the Secondary Standard
For the reasons discussed above, and taking into account
information and assessments presented in the ISA and PA, the advice
from CASAC, and consideration of public comments, the Administrator
concludes that the current secondary standard for Pb is requisite to
protect public welfare from known or anticipated adverse effects and is
retaining the standard without revision.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. There are no information collection requirements directly
associated with revisions to a NAAQS under section 109 of the CAA and
this action does not make any revisions to the NAAQS.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. Rather, this
action retains, without revision, existing national standards for
allowable concentrations of Pb in ambient air as required by section
109 of the CAA. See also American Trucking Associations v. EPA. 175
F.3d at 1044-45 (NAAQS do not have significant impacts upon small
entities because NAAQS themselves impose no regulations upon small
entities).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
the UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely
affect small governments. This action imposes no enforceable duty on
any state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It does not have a substantial direct effect on
one or more Indian tribes. This action does not change existing
regulations; it retains the current NAAQS for Pb, without revision. The
NAAQS protect public health, including the health of at-risk or
sensitive groups, with an adequate margin of safety and protect public
welfare from known or anticipated adverse effects. Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866. We
note, however, that the primary standard retained with this action
provides protection for children and other at-risk populations against
an array of adverse health effects, most notably including nervous
system effects in children. The health effects evidence and risk
assessment information for this action, which focuses on children, is
summarized in sections II.A.2, II.A.3 and II.A.4, and described in the
ISA and PA, copies of which are in the public docket for this action.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This action does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
action described in this document is to retain, without revision, the
existing NAAQS for Pb.
The NAAQS decisions are based on an explicit and comprehensive
assessment of the current scientific evidence and associated exposure/
risk analyses. More specifically, the EPA expressly considers the
available information regarding health effects among at-risk
populations, including that available for low-income populations and
minority populations, in decisions on the primary (health-based) NAAQS.
Where low-income populations or minority populations are among the at-
risk populations, the decision on the standard is based on providing
protection for these and other at-risk populations and lifestages.
Where such populations are not identified as at-risk populations, NAAQS
that are established to provide protection to the at-risk populations
would also be expected to provide protection to all other populations,
including low-income populations and minority populations.
As discussed in sections II.A.2.d and II.B above, and in sections
II.A and II.B of the proposal, the EPA expressly considered the
available information regarding health effects among at-risk
populations in reaching the decision that the existing primary (health-
based) standard for Pb is requisite. The ISA and PA for this review,
which include identification of populations at risk from Pb health
effects, are available in the docket, EPA-HQ-OAR-2010-0108. Based on
consideration of this information and the full evidence base,
quantitative exposure/risk analyses, advice from the CASAC and
consideration of public comments, the Administrator concludes that the
existing NAAQS for Pb protect public health, including the health of
at-risk or sensitive groups, with an adequate margin of safety and
protect public welfare from known or anticipated adverse effects (as
discussed in sections II.B.4 and III.B.4 above).
K. Determination Under Section 307(d)
Section 307(d)(1)(V) of the CAA provides that the provisions of
section
[[Page 71941]]
307(d) apply to ``such other actions as the Administrator may
determine.'' Pursuant to section 307(d)(1)(V), the Administrator
determines that this action is subject to the provisions of section
307(d).
L. Congressional Review Act
The EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the U.S. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
References
Advisory Committee on Childhood Lead Poisoning Prevention (ACCLPP).
(2012). Low Level Lead Exposure Harms Children: A Renewed Call for
Primary Prevention. Report of the Advisory Committee on Childhood
Lead Poisoning Prevention of the Centers for Disease Control and
Prevention. January 4, 2012. Available at: https://www.cdc.gov/nceh/lead/ACCLPP/blood_lead_levels.htm.
Alliance to End Childhood Lead Poisoning. (1991). The First
Comprehensive National Conference: Final Report. October 6,7,8,
1991.
Bellinger, D. (2008). Email message to Jee-Young Kim, U.S. EPA.
February 13, 2008. Docket document number EPA-HQ-OAR-2010-0108-0031.
Bellinger, D.; Leviton, A.; Sloman, J. (1990). Antecedents and
correlates of improved cognitive performance in children exposed in
utero to low levels of lead. Environ Persp 89: 5-11.
Bellinger, D.; Leviton, A.; Waternaux, C.; Needleman, H.;
Rabinowitz, M. (1988). Low-level lead exposure, social class, and
infant development. Neurotoxicol. Teratol. 10: 497-503. {This
journal issue is dated November-December 1988, while the date in the
reference header on reprints available as pdfs is 1989.{time}
Bellinger, D.C. and Needleman, H.L. (2003). Intellectual impairment
and blood lead levels [letter]. N. Engl. J. Med. 349: 500.
Brunekreef, B. (1984). The relationship between air lead and blood
lead in children: a critical review. Science of the total
environment, 38: 79-123.
Budtz-Jorgensen, E.; Bellinger, D.; Lanphear, B.; Grandjean, P.
(2013). An international pooled analysis for obtaining a benchmark
dose for environmental lead exposure in children. Risk Analysis,
Vol. 33, No. 3.
California Environmental Protection Agency. (2007). Development of
Health Criteria for School Site Risk Assessment Pursuant to Health
and Safety Code Section 901(g): Child-specific benchmark change in
blood lead concentration for school site risk assessment. Final
Report, April 2007. Office of Environmental Health Hazard
Assessment.
Canfield, R.L.; Henderson, C.R., Jr.; Cory-Slechta, D.A.; Cox, C.;
Jusko, T.A.; Lanphear, B.P. (2003). Intellectual impairment in
children with blood lead concentrations below 10 [mu]g per
deciliter. N. Engl. J. Med. 348: 1517-1526.
Canfield, R.L. (2008). Email messages to Jee-Young Kim, U.S. EPA.
February 7 through August 12, 2008. Docket document number EPA-HQ-
OAR-2010-0108-0037.
Cavender, K. (2014). Memorandum to Ambient Monitoring Rule Docket
(EPA-HQ-OAR-2013-0619). Supporting Information for Reconsideration
of Existing Requirement to Monitor Lead at Urban NCore Sites. Docket
Identifier EPA-HQ-OAR-2013-0619-0002.
Centers for Disease Control and Prevention (CDC). (2005) Preventing
lead poisoning in young children. A statement by the Centers for
Disease Control and Prevention August 2005. USDHHS, CDC, Atlanta.
Centers for Disease Control and Prevention. (2012). CDC Response to
Advisory Committee on Childhood Lead Poisoning Prevention
Recommendations in ``Low Level Lead Exposure Harms Children: A
Renewed Call of Primary Prevention.'' Atlanta, GA: U.S. Department
of Health and Human Services, Public Health Service. June 7, 2012.
Centers for Disease Control and Prevention. (2015). Fourth national
report on human exposure to environmental chemicals, updated tables,
February 2015. https://www.cdc.gov/exposurereport/pdf/fourthreport_updatedtables_Feb2015.pdf.
Chandramouli, K; Steer, C.D.; Ellis, M; Emond, A.M. (2009). Effects
of early childhood lead exposure on academic performance and
behaviour of school age children. Arch Dis Child 94: 844-848.
Frey, H.C. (2011a). Letter from Dr. H. Christopher Frey, Chair,
Clean Air Scientific Advisory Committee Lead Review Panel, to
Administrator Lisa P. Jackson. Re: Consultation on EPA's Draft
Integrated Review Plan for the National Ambient Air Quality
Standards for Lead. May 25, 2011.
Frey, H.C. (2011b). Letter from Dr. H. Christopher Frey, Chair,
Clean Air Scientific Advisory Committee Lead Review Panel, to
Administrator Lisa P. Jackson. Re: Consultation on EPA's Review of
the National Ambient Air Quality Standards for Lead: Risk and
Exposure Assessment Planning Document. October 14, 2011.
Frey, H.C. and Samet, J.M. (2011). Letter from Drs. H. Christopher
Frey, Chair, Clean Air Scientific Advisory Committee Lead Review
Panel, and Jonathan M. Samet, Chair, Clean Air Scientific Advisory
Committee, to Administrator Lisa P. Jackson. Re: CASAC Review of the
EPA's Integrated Science Assessment for Lead (First External Review
Draft--May 2011). December 9, 2011.
Frey, H.C. (2013a). Letter from Dr. H. Christopher Frey, Chair,
Clean Air Scientific Advisory Committee and Clean Air Scientific
Advisory Committee Lead Review Panel, to Acting Administrator Bob
Perciasepe. Re: CASAC Review of the EPA's Integrated Science
Assessment for Lead (Third External Review Draft--November 2012).
June 4, 2013.
Frey, H.C. (2013b). Letter from Dr. H. Christopher Frey, Chair,
Clean Air Scientific Advisory Committee and Clean Air Scientific
Advisory Committee Lead Review Panel, to Acting Administrator Bob
Perciasepe. Re: CASAC Review of the EPA's Policy Assessment for Lead
(External Review Draft--January 2013). June 4, 2013.
Grandjean, P.; Landrigan, P.J. (2014). Neurobehavioural effects of
developmental toxicity. Lancet Neurol 13(3):330-8.
Gulson, B.L.; Mizon, K.J.; Davis, J.D.; Palmer, J.M.; Vimpani, G.
(2004). Identification of sources of lead in children in a primary
zinc-lead smelter environment. Environ Health Perspect 112: 52-60.
Henderson, R. (2007a). Letter from Dr. Rogene Henderson, Chair,
Clean Air Scientific Advisory Committee, to Administrator Stephen L.
Johnson. Re: Clean Air Scientific Advisory Committee's (CASAC)
Review of the 1st Draft Lead Staff Paper and Draft Lead Exposure and
Risk Assessments. March 27, 2007.
Henderson, R. (2007b). Letter from Dr. Rogene Henderson, Chair,
Clean Air Scientific Advisory Committee, to Administrator Stephen L.
Johnson. Re: Clean Air Scientific Advisory Committee's (CASAC)
Review of the 2nd Draft Lead Human Exposure and Health Risk
Assessments Document. September 27, 2007.
Henderson, R. (2008a). Letter from Dr. Rogene Henderson, Chair,
Clean Air Scientific Advisory Committee, to Administrator Stephen L.
Johnson. Re: Clean Air Scientific Advisory Committee's (CASAC)
Review of the Advance Notice of Proposed Rulemaking (ANPR) for the
NAAQS for lead. January 22, 2008.
Henderson, R. (2008b). Letter from Dr. Rogene Henderson, Chair,
Clean Air Scientific Advisory Committee, to Administrator Stephen L.
Johnson. Re: Clean Air Scientific Advisory Committee's (CASAC)
Review of the Notice of Proposed Rulemaking for the NAAQS for lead.
July 18, 2008.
Henn, B.C.; Coull, B.A.; Wright, R.O. (2014). Chemical mixtures and
children's health. Curr Opin Pediatr 26:223-229.
Hilts, S.R. (2003). Effect of smelter emission reductions on
children's blood lead levels. Sci. Total Environ. 303: 51-58.
ICF International. (2006). Lead Human Exposure and Health Risk
Assessments and Ecological Risk Assessment for Selected Areas. Pilot
Phase. Draft Technical Report with Appendices. Prepared for the U.S.
EPA's Office of Air Quality Planning and Standards, Research
Triangle Park, NC. December 2006.
Jacobs, D.E.; Cali, S.; Welch, A.; Catalin, B.; Dixon, S.L.; Evens,
A.; Mucha, A.P.; Vahl, N.; Erdal, S.; Bartlett, J. (2013). Lead and
other heavy metals in fust fall from single-family housing
demolition. Public Health Reports 128:454-462.
Jakubowski, M. (2011). Low-level environmental lead exposure and
[[Page 71942]]
intellectual impairment in children--the current concepts of risk
assessment. Int. J Occup Med Environ Health. 24(1): 1-7.
Jones, R.L.; Homa, D.M.; Meyer, P.A.; Brody, D.J.; Caldwell, K.L.;
Pirkle, J.L.; Brown, M.J. (2009). Trends in blood lead levels and
blood lead testing among US children aged 1 to 5 Years, 1988-2004.
Pediatrics 123: e376-e385.
Kirrane, E; Patel, M. (2014). Memorandum to Integrated Science
Assessment for Lead Docket (EPA-HQ-ORD-2011-0051). Docket document
number EPA-HQ-ORD-2011-0051-0050. May 9, 2014.
Kirrane, E. (2016). Memorandum to Lead NAAQS Review Docket (EPA-HQ-
OAR-2010-0108). Provisional Consideration of ``New'' Studies Cited
by Commenters. June 28, 2016.
Kordas, K; Canfield, R.L.; Lopez, P; Rosado, J.L.; Vargas, G.G.;
Cebrian, M.E.; Rico, J.A.; Ronquillo, D.; Stoltzfus, R.J. (2006).
Deficits in cognitive function and achievement in Mexican first-
graders with low blood lead concentrations. Environ Res 100: 371-
386.
Lanphear, B.P.; Roghmann, K.J. (1997). Pathways of lead exposure in
urban children. Environ Res 74: 67-73.
Lanphear, B.P.; Matte, T.D.; Rogers, J.; Clickner, R.P.; Dietz, B.;
Bornschein, R.L.; Succop, P.; Mahaffey, K.R.; Dixon, S.; Galke, W.;
Rabinowitz, M.; Farfel, M.; Rohde, C.; Schwartz, J.; Ashley, P.;
Jacobs, D.E. (1998). The contribution of lead-contaminated house
dust and residential soil to children's blood lead levels: A pooled
analysis of 12 epidemiologic studies. Environ Res 79: 51-68.
Lanphear, B.P.; Hornung, R.; Khoury, J.; Yolton, K.; Baghurst, P.;
Bellinger, D.C.; Canfield, R.L.; Dietrich, K.N.; Bornschein, R.;
Greene, T.; Rothenberg, S.J.; Needleman, H.L.; Schnaas, L.;
Wasserman, G.; Graziano, J.; Roberts, R. (2005). Low-level
environmental lead exposure and children's intellectual function: an
international pooled analysis. Environ. Health Perspect. 113: 894-
899.
Miranda, M.L.; Kim, D.; Reiter, J.; Overstreet Galeano, M.A.;
Maxson, P. (2009). Environmental contributors to the achievement
gap. Neurotoxicology 30: 1019-1024.
National Toxicology Program. (2011). Draft Monograph on Health
Effects of Low-Level Lead, October 14, 2011. Office of Health
Assessment and Translation, Division of the National Toxicology
Program, National Institute of Environmental Health Sciences. Peer
Review Date: November 17-18, 2011.
New York City Department of Health and Mental Hygiene. (2010). Lead
poisoning: prevention identification, and management. City Health
Information 29(5):41-48, at 41, 43-44.
Nishioka, E.; Yokoyama, K.; Matsukawa, T.; Vigeh, M.; Hirayama, S.;
Ueno, T.; Miida, T.; Makino, Sh.; Takeda, S. (2014). Evidence that
birth weight is decreased by maternal lead levels below 5[mu]g/dl in
male newborns. Reproductive Toxicol 47:21-26.
Rothenberg, S.J.; Rothenberg, J.C. (2005). Testing the dose-response
specification in epidemiology: Public health and policy consequences
for lead. Environ. Health Perspect. 113: 1190-1195.
Samet, J.M. and Frey, H.C. (2012). Letter from Drs. Jonathan M.
Samet, Chair, Clean Air Scientific Advisory Committee and H.
Christopher Frey, Chair, Clean Air Scientific Advisory Committee
Lead Review Panel, to Administrator Lisa P. Jackson. Re: CASAC
Review of the EPA's Integrated Science Assessment for Lead (Second
External Review Draft--February 2012). July 20, 2012.
T[eacute]llez-Rojo, M.M.; Bellinger, D.C.; Arroyo-Quiroz, C.;
Lamadrid-Figueroa, H.; Mercado-Garc[iacute]a, A.; Schnaas-Arrieta,
L.; Wright, R.O.; Hern[aacute]ndez-Avila, M.; Hu, H. (2006).
Longitudinal associations between blood lead concentrations < 10
[mu]g/dL and neurobehavioral development in environmentally-exposed
children in Mexico City. Pediatrics 118: e323-e330.
T[eacute]llez-Rojo, M. (2008). Email message to Jee-Young Kim, U.S.
EPA. February 11, 2008. Docket document number EPA-HQ-OAR-2010-0108-
0167.
UNEP Governing Council. (2011). Proceedings of the Governing
Council/Global Ministerial Environment Forum at its twenty-sixth
session. Decision number 26/3. UNEP/GC.26/19. 24 February 2011.
Available at: https://www.unep.org/gc/gc26/docs/Proceedings/K1170817_E-GC26-19_Proceedings.pdf.
UNEP Governing Council. (2013). Decisions adopted by the Governing
Council at its twenty-seventh session and first universal session.
Decision 27/12: Chemicals and waste management. February 2013.
Available at: https://www.unep.org/GC/GC27/Docs/decisions/GC_27_decisions-English.pdf.
U.S. Environmental Protection Agency. (1977). Air quality criteria
for lead. Research Triangle Park, NC: Health Effects Research
Laboratory, Criteria and Special Studies Office; EPA report no. EPA-
600/8-77-017. Available from: NTIS, Springfield, VA; PB-280411.
U.S. Environmental Protection Agency. (1986a). Air quality criteria
for lead. Research Triangle Park, NC: Office of Health and
Environmental Assessment, Environmental Criteria and Assessment
Office; EPA report no. EPA-600/8-83/028aF-dF. 4v. Available from:
NTIS, Springfield, VA; PB87-142378.
U.S. Environmental Protection Agency. (1986b). Lead effects on
cardiovascular function, early development, and stature: an addendum
to U.S. EPA Air Quality Criteria for Lead (1986). In: Air quality
criteria for lead, v. 1. Research Triangle Park, NC: Office of
Health and Environmental Assessment, Environmental Criteria and
Assessment Office; pp. A1-A67; EPA report no. EPA-600/8-83/028aF.
Available from: NTIS, Springfield, VA; PB87-142378.
U.S. Environmental Protection Agency. (1989). Review of the national
ambient air quality standards for lead: Exposure analysis
methodology and validation: OAQPS staff report. Research Triangle
Park, NC: Office of Air Quality Planning and Standards; report no.
EPA-450/2-89/011. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/data/rnaaqsl_eamv.pdf.
U.S. Environmental Protection Agency. (1990a). Air quality criteria
for lead: supplement to the 1986 addendum. Research Triangle Park,
NC: Office of Health and Environmental Assessment, Environmental
Criteria and Assessment Office; report no. EPA/600/8-89/049F.
Available from: NTIS, Springfield, VA; PB91-138420.
U.S. Environmental Protection Agency. (1990b). Review of the
national ambient air quality standards for lead: assessment of
scientific and technical information: OAQPS staff paper. Research
Triangle Park, NC: Office of Air Quality Planning and Standards;
report no. EPA-450/2-89/022. Available from: NTIS, Springfield, VA;
PB91-206185. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/data/rnaaqsl_asti.pdf.
U.S. Environmental Protection Agency. (1991). U.S. EPA Strategy for
Reducing Lead Exposure. Available from U.S. EPA Headquarters
Library/Washington, DC (Library Code EJBD; Item Call Number: EAP
100/1991.6; OCLC Number 2346675). https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_pr.html.
U.S. Environmental Protection Agency. (2005a). Project Work Plan for
Revised Air Quality Criteria for Lead. CASAC Review Draft. National
Center for Environmental Assessment, Research Triangle Park, NC.
NCEA-R-1465. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency. (2005b). Ecological Soil
Screening Levels for Lead, Interim Final. Washington, DC: Office of
Solid Waste and Emergency Response. OSWER Directive 9285.7-70.
Available at https://www.epa.gov/ecotox/ecossl/pdf/eco-ssl_lead.pdf.
U.S. Environmental Protection Agency. (2006a). Air Quality Criteria
for Lead. Washington, DC, EPA/600/R-5/144aF. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr.html.
U.S. Environmental Protection Agency. (2006b). Plan for Review of
the National Ambient Air Quality Standards for Lead. Office of Air
Quality Planning and Standards, Research Triangle Park, NC.
Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency. (2006c). Analysis Plan for
Human Health and Ecological Risk Assessment for the Review of the
Lead National Ambient Air Quality Standards. Office of Air Quality
Planning and Standards, Research Triangle Park, NC. Available at:
https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_pd.html.
U.S. Environmental Protection Agency. (2007a). Lead: Human Exposure
and Health Risk Assessments for Selected Case Studies, Volume I.
Human Exposure and Health Risk Assessments--Full-Scale and Volume
II. Appendices.
[[Page 71943]]
Office of Air Quality Planning and Standards, Research Triangle
Park, NC. EPA-452/R-07-014a and EPA-452/R-07-014b.
U.S. Environmental Protection Agency. (2007b). Review of the
National Ambient Air Quality Standards for Lead: Policy Assessment
of Scientific and Technical Information, OAQPS Staff Paper. Office
of Air Quality Planning and Standards, Research Triangle Park, NC.
EPA-452/R-07-013. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_sp.html.
U.S. Environmental Protection Agency. (2011a). Integrated Review
Plan for the National Ambient Air Quality Standards for Lead.
Research Triangle Park, NC. EPA-452/R-11-008. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency. (2011b). Review of the
National Ambient Air Quality Standards for Lead: Risk and Exposure
Assessment Planning Document. Office of Air Quality Planning and
Standards, Research Triangle Park, NC. EPA/452/P-11-003. Available
at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pd.html.
U.S. Environmental Protection Agency. (2011c). Partnership for Clean
Fuels and Vehicles: Evaluation of the Design and Implementation of
the Lead Campaign. Final Report. Document number EPA-100-R-11-008.
Office of Policy, Washington, DC. December 2011.
U.S. Environmental Protection Agency. (2011d). Integrated Review
Plan for the National Ambient Air Quality Standards for Lead.
External Review Draft. Research Triangle Park, NC. EPA-452/D-11-001.
Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency. (2011e). Integrated Science
Assessment for Lead (First External Review Draft). Washington, DC,
EPA/600/R-10/075A. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency. (2012a). Integrated Science
Assessment for Lead (Second External Review Draft). Washington, DC,
EPA/600/R-10/075B. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html.
U.S. Environmental Protection Agency. (2012b). Integrated Science
Assessment for Lead (Third External Review Draft). Washington, DC,
EPA/600/R-10/075C. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_isa.html.
U.S. Environmental Protection Agency. (2013a). Integrated Science
Assessment for Lead. Washington, DC, EPA/600/R-10/075F. Available
at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_isa.html.
U.S. Environmental Protection Agency. (2013b). Policy Assessment for
the National Ambient Air Quality Standards for Lead. External Review
Draft. Research Triangle Park, NC. EPA-452/P-13-001. Available at:
https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pa.html.
U.S. Environmental Protection Agency. (2014). Policy Assessment for
the National Ambient Air Quality Standards for Lead. Research
Triangle Park, NC. EPA-452/R-14-001. Available at: https://www.epa.gov/ttn/naaqs/standards/pb/s_pb_2010_pa.html.
Xie, X.; Ding, G.; Cui, C.; Chen, L.; Gao, Y.; Zhou, Y.; Shi, R.;
Tian, Y. (2013). The effects of low-level prenatal lead exposure on
birth outcomes. Environ Pollution 175:30-34.
List of Subjects in 40 CFR Part 50
Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.
Dated: September 16, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-23153 Filed 10-17-16; 8:45 am]
BILLING CODE 6560-50-P