April 1, 2013

Hans Scheifele

National Program Chemicals Division (7404T)

Office of Pollution Prevention and Toxics

Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

RE: Lead, Renovation, Repair, and Painting Program for Public and Commercial Buildings, 

EPA-HQ-OPPT-2010-0173

Dear Mr. Scheifele:

Thank you for the opportunity to comment on the Environmental Protection Agency’s 

development of criteria for mitigation of lead-based paint hazards in public and commercial 

buildings. In addition to these preliminary comments, the Institute looks forward to 

participating in the public meeting scheduled for June 26, 2013.

In the mid-1990s, the Department of Housing and Urban Development asked the Institute to 

produce guidance for the safe management of lead-based paint. The effort resulted in two 

guides: Lead-Based Paint: Operations & Maintenance Work Practices Manual for Homes and 

Buildings and Guide Specifications for Reducing Lead-Based Paint Hazards. These guides 

should be consulted as the Agency considers regulatory options. We would be pleased to work 

with the Agency to update these documents to reflect the latest knowledge and practices.

As you may know, the Institute, authorized by public law 93-383 in 1974, is a nonprofit, 

nongovernmental organization that brings together representatives of government, the 

professions, industry, labor and consumer interests to identify and resolve building process and 

facility performance problems. The Institute serves as an authoritative source of advice for both 

the private and public sectors with respect to the use of building science and technology.

The Institute focuses on the achievement of high-performance buildings that integrate and 

optimize all relevant criteria including cost effectiveness, safety and security, sustainability, 

functionality and historic preservation. These criteria are reflected in both the Energy Policy 

Act of 2005 and the Energy Infrastructure and Security Act of 2007.

As recognized in the recent request for information and the related advance notice of proposed 

rulemaking in 2010, significant science-based information is necessary to develop regulations 

that sufficiently protect public health while not placing undue burden on building owners and 

contractors. To date, such science-based information applicable to the presence, occupant 
Hans Scheifele

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April 1, 2013

exposure, and the mitigation of lead-based paint in commercial and public buildings is woefully 

inadequate. 

The questions identified in the request for information provide a good starting point for the type 

of information necessary. However, the information requested is largely unknown or has not 

been previously collected. The dearth of data on characteristics of the existing building stock, 

construction related activities, impacts on occupant health and productivity, and the linkages 

between design and performance is not new. In its recent report, Data Needs for Achieving 

High-Performance Buildings the Institute recognized that access to credible data is essential for 

achieving high-performance building goals. EPA (along with other government agencies and 

the private sector) should support development of a robust data initiative to collect, validate and 

disseminate data that informs policy decisions and the realization of industry performance 

goals.

To facilitate development of regulations based on sound science and to support the collection of 

necessary data, we highly recommend engaging building owners and contractors in the 

development of a joint EPA/industry research effort to attempt to answer the fundamental 

questions already identified and to identify additional research needs to sufficiently protect 

occupants of public and commercial buildings from lead exposure.

The Agency should consider working with the Energy Information Administration to add 

relevant questions to future versions of the Commercial Building Energy Consumption Survey 

(CBECS) to quantify the extent of renovation activities and potential occupant exposure levels.

EPA should also evaluate the role existing regulations from the Occupational Safety and Health 

Administration (OSHA) play in protecting both contractors and building occupants from lead 

exposure. 

As the entity charged by Congress to engage both the public and private sector in the 

development and dissemination of technical criteria for buildings, the Institute welcomes the 

opportunity to facilitate the identification and subsequent conduct of research to inform

development of lead-based paint regulations for public and commercial buildings.

Please let me know if you have any questions about these comments or wish to discuss how the 

Institute can assist EPA in advancing science-based lead mitigation regulations for public and 

commercial buildings.

Respectfully submitted,

Henry L. Green, Hon. AIA

President