Federal Register - January 7, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
monographhealtheffectslowlevellead_
newissn_508.pdf.
10. Agency for Toxic Substances and Disease Registry, Division of Toxicology and Human Health Sciences. Lead ToxFAQsTMCAS 7439921. August 2007. https www.atsdr.cdc.gov/toxfaqs/
tfacts13.pdf.
11. U.S. EPA. Exposure Factors Handbook 2011 Edition Final Report. U.S.
Environmental Protection Agency, Washington, DC, EPA/600/R09/052F.
September 2011. https cfpub.epa.gov/
ncea/risk/
recordisplay.cfm?deid=236252.
12. U.S. EPA, Office of Pollution Prevention and Toxics. Technical Support Document for Residential Dust-lead Clearance Levels Rulemaking Estimation of Blood Lead Levels and Effects from Exposures to Dust-lead. December 2020.
13. U.S. EPA. Policy on Evaluating Health Risks to Children. Policy. October 1995.
https www.epa.gov/sites/production/
files/2014-05/documents/1995_
childrens_health_policy_statement.pdf.
14. Zartarian, V., Xue, J., Tornero-Velez, R., & Brown, J. Childrens Lead Exposure: A
Multimedia Modeling Analysis to Guide Public Health Decision-Making.
Environmental Health Perspectives, 1259, 097009097009. September 12, 2017. https doi.org/10.1289/EHP1605.
15. Presidents Task Force on Environmental Health Risks and Safety Risks to Children. Key Federal Programs to Reduce Childhood Lead Exposures and Eliminate Associated Health Impacts.
November 2016. https
ptfceh.niehs.nih.gov/features/assets/
files/key_federal_programs_to_reduce_
childhood_lead_exposures_and_
eliminate_associated_health_
impactspresidents_508.pdf.
16. U.S. EPA. Integrated Science Assessment ISA for Lead Final Report, June 2013.
U.S. EPA, Washington, DC, EPA/600/R
10/075F, 2013. https www.epa.gov/isa/
integrated-science-assessment-isa-lead.
17. U.S. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register 73 FR 21692, April 22, 2008
FRL83557. https
www.federalregister.gov/citation/73-FR21692.
18. HUD, EPA. Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing; Final Rule. Federal Register 61 FR 9064, March 6, 1996 FRL5347
9. https www.federalregister.gov/
citation/61-FR-9064.
19. U.S. EPA. Lead; Requirements for LeadBased Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule. Federal Register 61 FR 45778, August 29, 1996 FRL53899. https
www.federalregister.gov/documents/
1996/08/29/96-21954/lead-requirementsfor-lead-based-paint-activities-in-targethousing-and-child-occupied-facilities.
20. HUD. Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response
VerDate Sep<11>2014
16:55 Jan 06, 2021
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to Elevated Blood Lead Levels; Final Rule. Federal Register 82 FR 4151, January 13, 2017 FR5816F02.
https www.federalregister.gov/
documents/2017/01/13/2017-00261/
requirements-for-notification-evaluationand-reduction-of-lead-based-painthazards-in-federally.
21. U.S. EPA. Lead; Identification of Dangerous Levels of Lead; Proposed Rule. Federal Register 63 FR 30302, June 3, 1998 FRL57919. https
www.federalregister.gov/documents/
1998/06/03/98-14736/leadidentification-of-dangerous-levels-oflead.
22. U.S. EPA. Review of the Dust-Lead PostAbatement Clearance Levels RIN 2070
AK50 Response to Public Comments.
December 2020.
23. U.S. EPA. Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint; Proposed Rule.
Federal Register 83 FR 30889, July 2, 2018 FRL997604. https
www.federalregister.gov/documents/
2018/07/02/2018-14094/review-of-thedust-lead-hazard-standards-and-thedefinition-of-lead-based-paint.
24. HUD, Office of Lead Hazard Control and Healthy Homes. Lead Hazard Control Clearance Survey. Final Report. October 2015. https www.hud.gov/sites/
documents/clearancesurvey_
24oct15.pdf.
25. U.S. EPA. Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint RIN 2070AJ82
Response to Public Comments. June 2019. https www.regulations.gov/
document?D=EPA-HQ-OPPT-2018-01660571.
26. U.S. EPA, Office of Pollution Prevention and Toxics. Technical Support Document for Residential Dust-lead Hazard Standards Rulemaking Approach taken to Estimate Blood Lead Levels and Effects from Exposures to Dust-lead. June 2019.
27. HUD. Revised Dust-Lead Action Levels for Risk Assessment and Clearance;
Clearance of Porch Floors. Policy Guidance 201701 Rev 1. February 16, 2017. https www.hud.gov/sites/
documents/LEADDUSTLEVELS_
REV1.pdf.
V. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https www.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 an economically significant regulatory action that was submitted to the Office of Management and Budget OMB for review under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821,
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January 21, 2011. Any changes made in response to OMB recommendations have been documented in the docket.
The Agency prepared an analysis of the potential costs and benefits associated with this action, which is available in the docket Ref. 7.
B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is considered an Executive Order 13771 regulatory action 82 FR 9339, February 3, 2017. Details on the estimated costs of this final rule can be found in EPAs analysis of the potential costs and benefits associated with this action Ref. 7.
C. Paperwork Reduction Act PRA
This action does not directly impose an information collection burden under the PRA, 44 U.S.C. 3501 et seq. Under 24 CFR part 35, subpart A, and 40 CFR
745, subpart F, and approved under OMB Control Number 20700151, sellers and lessors must already provide purchasers or lessees any available records or reports pertaining to LBP, LBP hazards and/or any lead hazard evaluative reports available to the seller or lessor. Accordingly, a seller or lessor must disclose any reports showing dustlead levels, regardless of the value.
Thus, this action would not result in additional disclosures. Because there are no new information collection requirements to consider under this rule, or any changes to the existing requirements to consider under this rule, an ICR is not necessary.
D. 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, 5 U.S.C. 601 et seq. The small businesses subject to the requirements of this action are abatement firms that may incur costs associated with additional cleaning and sealing in houses where a postabatement loading is between the original DLCL of 40 mg/ft2 for floors and 250 mg/ft2 for window sills, and the revised DLCL of 10 mg/ft2 for floors and 100 mg/ft2 for window sills.
EPAs Economic Analysis Ref. 7
presents low and high scenarios for the number of housing units where a child with a blood lead level that equals or exceeds a Federal or state trigger value lives. For the low scenario, environmental investigations are assumed to be conducted when a childs blood lead level equals or exceeds the trigger value set by that childs state.
These values vary from 5 mg/dL to 25
mg/dL, depending on the state. For the
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