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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations Paint Hazards in Housing were developed in 1995 under section 1017
of Title X. They provide detailed, comprehensive, technical information on how to identify LBP hazards in residential housing and COFs, and how to control such hazards safely and efficiently. The Guidelines were revised in 2012 to incorporate new information, technological advances, and new Federal regulations, including EPAs LBP hazard standards. Based on EPAs changes to the DLHS in 2019 and the changes to DLCL from this final rule, HUD plans to revise Chapter 5 of the Guidelines on risk assessment and reevaluation and Chapter 15 on clearance, and make conforming changes elsewhere as needed.

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7. Previous LBP-Related Activities The DLCL are used to evaluate the effectiveness of a cleaning following an abatement. After the dust wipe samples show dust-lead loadings below the DLCL, an abatement report is prepared, copies of any reports required under the LBP Activities Rule are provided to the building owner and to potential lessees and purchasers under the LBP
Disclosure Rule by those building owners or their agents, and all required records are also retained by the abatement firm or by the individuals who developed each report. The revised DLCL of 10 mg/ft2 on floors and 100 mg/
ft2 on window sills will not impose retroactive requirements on regulated entities that have previously performed post-abatement clearance testing using the original DLCL of 40 mg/ft2 on floors or 250 mg/ft2 on window sills. These new requirements would only apply to post-abatement clearance sampling and analysis conducted after the effective date of this final rule.
D. Conforming the Definition of Clearance Levels EPA is finalizing as proposed, clarifying language that defines the achievement of post-abatement clearance, which explains what dustlead levels are permitted on a surface following an abatement that would achieve clearance. The post-abatement clearance procedures set forth in 40 CFR
745.227 state that clearance is not achieved when post-abatement dustlead levels which are a measure of the mass of lead per area, commonly expressed in micrograms per square foot mg/ft2 equal or exceed the clearance levels 40 CFR 745.227e8vii.
However, prior to this rules amended language, 40 CFR 745.223 defined clearance levels as the maximum amount of lead permitted in dust on a surface following completion of an
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abatement activity 40 CFR 745.223
emphasis added. EPA also notes that HUDs clearance standards rule for interim controls of lead-based paint hazards in HUD-assisted target housing is consistent with the procedures set forth in 40 CFR 745.227 rather than 40
CFR 745.223. To resolve this postabatement discrepancy, EPA is conforming the definition of clearance levels found in 40 CFR 745.223 to the post-abatement clearance procedures in 40 CFR 745.227, in order to clarify in the definition that the post-abatement dust-lead levels must be below the clearance levels.
Three commenters including state health departments and an environmental non-governmental organization submitted public comments that supported EPAs decision to clarify in the DLCL
definition that the post-abatement dustlead levels need to be below the DLCL
in order to achieve clearance. EPA
agrees with the support from the public commenters and is conforming the definition in 40 CFR 745.223 as proposed.
E. State Authorization Pursuant to TSCA section 404 and EPAs regulations at 40 CFR part 745, subpart Q, interested states, territories and federally recognized tribes may apply for and receive authorization to administer their own LBP Activities programs, as long as their programs are at least as protective of human health and the environment as the EPAs program and provide adequate enforcement. As part of the authorization process, states, territories and federally recognized tribes must demonstrate to EPA that they meet the requirements of the LBP Activities Rule.
A state, territory or federally recognized tribe must demonstrate that it meets the revised DLCL in its application for authorization or, if already authorized, in a report submitted under 40 CFR
745.324h no later than two years after the effective date of the new requirements. If an application for authorization has been submitted but not yet approved, the state, territory or federally recognized tribe must demonstrate that it meets the new requirements either by amending its application, or in a report it submits under 40 CFR 745.324h no later than two years after the effective date of the new requirements.
IV. References The following is a list of the documents that are specifically referenced in this document. The docket includes these documents and other
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information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. Public Law 102550, Title XHousing and Community Development Act, enacted October 28, 1992 also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992 or Title X 42
U.S.C. 4851 et seq.. https
www.govinfo.gov/content/pkg/USCODE2017-title42/html/USCODE-2017-title42chap63A-sec4851.htm.
2. U.S. EPA. Lead; Identification of Dangerous Levels of Lead; Final Rule.
Federal Register 66 FR 1206, January 5, 2001 FRL67635. https
www.federalregister.gov/documents/
2001/01/05/01-84/lead-identification-ofdangerous-levels-of-lead.
3. U.S. EPA. Review of the Dust-Lead Hazard Standards and the Definition of LeadBased Paint; Final Rule. Federal Register 84 FR 32632, July 9, 2019 FRL9995
49. https www.federalregister.gov/
documents/2019/07/09/2019-14024/
review-of-the-dust-lead-hazardstandards-and-the-definition-of-leadbased-paint.
4. Presidents Task Force on Environmental Health Risks and Safety Risks to Children. Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts. December 2018. https www.epa.gov/lead/federalaction-plan-reduce-childhood-leadexposure.
5. U.S. EPA. Implementation Status of EPA
Actions Under the 2018 Federal Action Plan To Reduce Childhood Lead Exposures and Associated Health Impacts: Fiscal Year 2019, 4th Quarter.
October 2019. https www.epa.gov/
leadactionplanimplementation/
implementation-status-epa-actionsunder-2018-federal-action-plan-1goal1.
6. Sierra Club et al. Letter to Lisa Jackson RE:
Citizen Petition to EPA Regarding the Paint and Dust Lead Standards. August 10, 2009. https www.epa.gov/sites/
production/files/2015-10/documents/
epa_lead_standards_petition_final.pdf.
7. U.S. EPA, Office of Pollution Prevention and Toxics. Economic Analysis of the Final Rule to Revise the TSCA Dust-Lead Clearance Levels. December 2020.
8. CDC. Childhood Blood Lead Levels in Children Aged <5 YearsUnited States, 20092014. CDC Morbidity and Mortality Weekly Report, Vol. 66 No. 3, January 20, 2017. https www.cdc.gov/mmwr/
volumes/66/ss/ss6603a1.htm.
9. HHS, National Toxicology Program. NTP
Monograph on Health Effects of LowLevel Lead. National Institute of Environmental Health Sciences, Research Triangle Park, NC. NIH Pub.
No. 125996. ISSN 23301279. June 13, 2012. https ntp.niehs.nih.gov/ntp/ohat/
lead/final/

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