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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
laboratory must meet to attain EPA
recognition as an accredited lead testing laboratory. Once the samples are analyzed by an NLLAP-recognized laboratory, the risk assessor compares the results of the dust wipe samples against the DLHS. If the dust-lead loadings from the samples are at or above the applicable DLHS, indicating LBP hazards are present, the risk assessor will identify acceptable options for controlling the hazards in the respective property, which may include abatements and/or interim controls.
TSCA section 401 defines abatements as, measures designed to permanently eliminate lead-based paint hazards, 15
U.S.C. 26811, while interim controls are designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, 40 CFR
745.83 and 745.223. These options should allow the property owner to make an informed decision about what actions should be taken to protect the health of current and future residents.
Risk assessments can be performed only by certified risk assessors.
The DLCL are used to evaluate the effectiveness of a cleaning following an abatement. After an abatement is complete, a risk assessor or inspector determines whether there are any visible amounts of dust, debris or residue, which will need to be removed before clearance sampling takes place 40 CFR 745.227e8. Once the area is free of visible dust, debris and residue, and one hour or more after final post-abatement cleaning ceases, clearance sampling for dust-lead via dust wipe samples can take place and will be conducted using documented methodologies that incorporate adequate quality control procedures 40 CFR 745.227e8. Only a properly trained and certified risk assessor or inspector can conduct clearance sampling. A NLLAP-recognized laboratory must analyze the dust wipe samples and a risk assessor or inspector must compare the results from window sills and floors and window troughs to the appropriate DLCL. Every sample must test below the corresponding DLCL, and if a single sample is equal to or greater than the corresponding DLCL, then the abatement fails clearance and the components represented by the sample must be recleaned and retested 40 CFR 745.227e8. 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
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building owners or their agents, and all required records are retained by the abatement firm or by the individuals who developed each report.
Achieving the DLCL after an abatement does not mean that the home is free from all exposure to lead, since exposures are dependent on many factors. For instance, the physical condition of a property may change over time, resulting in an increased exposure.
EPA will continue coordinating with other Federal agencies to encourage best practices for occupants of postabatement properties to conduct ongoing maintenance that will help prevent dust-lead from being reintroduced on previously cleared surfaces.
D. Public Comments Summary The proposed rule provided a 60-day public comment period, ending on August 24, 2020. EPA received public comments from 28 commenters during the comment period. Comments were received from private citizens, state/
local governments including state health departments, potentially affected lead-based paint businesses, nongovernmental organizations, environmental and public health advocacy groups and an individual from an academic institution. Several commenters, including individuals, non-governmental organizations, and state/local governments supported the DLCL as proposed at 10 ug/ft2 for floors and 100 ug/ft2 for window sills. A
number of commenters requested that EPA promulgate DLCL lower than the proposed levels of 10 mg/ft2 for floors and 100 mg/ft2 for window sills. Some commenters specifically suggested that EPA should revise the DLCL for window sills to 40 mg/ft2 or lower and/or 5 mg/
ft2 for floors. One commenter explained that within the considered options for the proposal, EPA should have analyzed a floor level lower than 10 mg/ft2 and that the Agency must consider a lower level for floors before finalizing the rule.
Other commenters expressed concern over lower DLCL and that contractors may not be able to meet lower clearance requirements without additional work in some cases, which may make it difficult to attract qualified contractors.
A few commenters discussed the discrepancy between the revised 2019
DLHS and the original DLCL from 2001
and noted that due to the inconsistency an abatement could be cleared at levels higher than the DLHS, which is confusing and less protective. In this preamble, EPA has responded to the major comments relevant to this final rule. In addition, the more comprehensive version of EPAs
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response to comments related to this final action can be found in the Response to Comments document Ref.
22.
To the extent that commenters discussed issues with the DLHS in their public comments, EPA has previously promulgated the DLHS in the recent 2019 rulemaking and notes that within this DLCL rule, EPA is not re-opening or reconsidering the recently revised DLHS.
III. Final Rule The purpose of this rulemaking is to update the DLCL so that attaining these clearance levels demonstrates elimination of dust-lead hazards under the revised 2019 standards. EPA
carefully considered all the public comments related to the proposed rule and is finalizing its proposal to lower the DLCL for floors from 40 mg/ft2 to 10
mg/ft2 and to lower the DLCL for window sills from 250 mg/ft2 to 100 mg/
ft2. As previously mentioned, because there is no DLHS for window troughs, EPA is not revising the DLCL for window troughs at this time.
A. Approach for Reviewing and Selecting the Final Dust-Lead Clearance Levels As EPA explained in the LBP
Activities Rule Ref. 19 61 FR 45778, 45779, the work practice standards covered by those regulations are intended to ensure that abatements are conducted reliably, effectively, and safely. While considering those three criteria, the 2001 LBP Hazards Rule modified the work practice standards to include dust-lead clearance levels, which are used to evaluate the effectiveness of cleaning following an abatement. Ref. 2 66 FR 1206, 1211.
Abatements are designed to permanently eliminate LBP hazards including dust-lead hazards and the definition of an abatement includes cleanup and post-abatement clearance testing activities 40 CFR 745.223. A
dust-lead hazard is identified by the DLHS and the DLCL are used to demonstrate that abatement activities effectively and permanently eliminate those hazards. Therefore, in choosing which DLCL to finalize in this rulemaking, EPA considered how the DLCL will support the reliability, effectiveness, and safety of abatements to permanently eliminate LBP hazards.
The 2001 LBP Hazards Rule adopted the rationale outlined in EPAs 1998
proposed rule Identification of Dangerous Levels of Lead, 63 FR
30302, 30341, June 3, 1998 Ref. 21.
See also 66 FR 1206, 12221223 Ref. 2.
EPA chose DLCL that were achievable
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