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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
modeling approaches to estimate the quantitative relationships between dustlead and blood lead level data. The first approach used mechanistic modeling data that include consideration of agespecific ingestion rates, activity patterns, and background exposures.
The second approach used empirical data that includes co-reported dust-lead and blood lead level measurements in the homes of children. The dust-lead and blood lead level data are used to develop an empirical relationship to estimate blood lead level for each candidate DLCL. Both approaches mechanistic and empirical are compared to provide independent confirmation of the relationship between dust-lead loadings and blood lead level. For additional information summarizing the methodologies employed in the Technical Support Document, see the 2018 preamble to the proposed DLHS rule Ref. 23.

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C. Effect of the Revised DLCL on EPA
and HUD Programs 1. LBP Activities RuleEPA
Abatements Abatements are any measures or set of measures designed to permanently eliminate lead-based paint hazards and include activities such as the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, and all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. Abatements must be conducted by certified abatement workers and supervisors. After LBP
abatements are conducted, EPAs regulations require a certified inspector or risk assessor to conduct postabatement clearance testing via dust wipe samples of the abated area. If the dust wipe sample results show dustlead loadings equal to or exceeding the applicable clearance level, the components represented by the failed sample shall be recleaned and retested.
See 40 CFR 745.227e8vii. In other words, the abatement is not cleared until the dust wipe samples in the work area are below the clearance levels.
Under this final rule, inspectors and risk assessors would compare dust wipe sampling results for floors and window sills to the revised DLCL of 10 mg/ft2 and 100 mg/ft2, respectively, and the results for window troughs to the DLCL of 400
mg/ft2. Dust wipe sampling results at or above the DLCL would indicate that the components represented by the sample must be recleaned and retested. This final rule does not change any other risk assessment requirements.

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2. Renovation, Repair and Painting Rule The revised DLCL will not trigger new requirements under the existing RRP
Rule 40 CFR part 745, subpart E. The RRP Rule requires post-renovation cleaning verification under 40 CFR
745.85b, but the rule does not require dust wipe sampling and analysis using the DLCL. However, although optional under the RRP Rule, dust wipe sampling for clearance using the DLCL in accordance with the LBP Activities Rule 40 CFR 745.227e8 may be required by contract or by another Federal, state, territorial, tribal, or local law or regulation. At this time, other than HUDs Lead Safe Housing Rule, EPA is not familiar with other laws and regulations that require clearance testing using EPAs DLCL.
3. EPAHUD Disclosure Rule Under the Disclosure Rule, prospective sellers and lessors of target housing must provide purchasers and renters with a federally approved lead hazard information pamphlet and disclose known LBP and/or LBP
hazards, and any available records, reports, and additional information pertaining to LBP and/or LBP hazards.
The information disclosure activities are required before a purchaser or renter is obligated under a contract to purchase or lease target housing. Records or reports pertaining to LBP and/or LBP
hazards must be disclosed, including results from post-abatement clearance testing, regardless of whether the level of dust-lead is below the clearance levels.
The revised DLCL of 10 mg/ft2 on floors and 100 mg/ft2 on window sills will not result in additional disclosures because there are no new information collection requirements to consider under this rule. Property owners would already be disclosing results, records, reports, and any additional information that show dust-lead below the original DLCL of 40 mg/ft2 on floors or below 250
mg/ft2 on window sills, and any results, records, and reports of additional cleaning due to the lower DLCL would be reflected in this same record.
4. LSHR Clearance Requirements The DLCL in this final rule will not change the clearance levels that apply to hazard reduction activities under HUDs LSHR because the LSHR currently requires clearance at the DLHS level, which is reflected by the lower DLCL.
The LSHR requires certain hazard reduction activities to be performed in certain federally-owned and assisted target housing including abatements, interim controls, paint stabilization, and
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ongoing LBP maintenance. Hazard reduction activities are required in this housing when LBP hazards are identified or when maintenance or rehabilitation activities disturb paint known or presumed to be LBP. The LSHRs clearance regulations, 24 CFR
35.1340, specify requirements for clearance of these projects when they disturb more than de minimis amounts of known or presumed lead-based painted surfaces, as defined in 24 CFR
35.1350d, including a visual assessment, dust sampling, submission of samples for analysis for lead in dust, interpretation of sampling results, and preparation of a report. As explained in the preamble to the 2019 DLHS Rule Ref. 3, the LSHR clearance regulations cross-reference EPAs DLHS. As a result, the LSHR clearance levels were lowered to 10 mg/ft2 and 100 mg/ft2 for floors and window sills, respectively, when the 2019 DLHS Rule became effective on January 6, 2020. Accordingly, activities under the LSHR are currently required to be cleared using EPAs DLHS.
5. 2017 Policy GuidanceHUD
Requirements for Lead Hazard Control Grants On February 16, 2017, HUDs OLHCHH issued policy guidance to establish new and more protective requirements for dust-lead action levels for its Lead-Based Paint Hazard Control LBPHC and Lead Hazard Reduction Demonstration LHRD grantees the requirements also apply to related HUD
grants authorized by Title X, section 1011 42 U.S.C. 4852, under similar names, including Lead Hazard Reduction LHR grants and their High Impact Neighborhoods and Highest Lead-Based Paint Abatement Needs grant categories Ref. 27. In particular, the guidance adopted clearance levels of 10 mg/ft2 and 100 mg/ft2 for floors and window sills, respectively, for lead hazard control activities performed under these grant programs. The change in requirements was supported by scientific evidence on the adverse effects of lead exposure at low bloodlead levels in children, <10 mg/dL as well as the achievability of lower clearance levels based on the HUD
Clearance Survey Ref. 24. The guidance clearance levels for floors and window sills are equal to the final DLCL. Consequently, the changes to the DLCL that EPA is promulgating with this final rule, will not affect the clearance levels used by the LBPHC and LHRD grantees.
6. HUD Guidelines The HUD Guidelines for the Evaluation and Control of Lead-Based
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