# Lead Test Kit Stakeholder Meeting EPA Background Presentation June 4, 2015

## • Meeting Objectives • Statutory Authority • Lead Test Kit Background • FY 2015 Appropriations Bill • Key Questions to Stakeholders • Next Steps 

# Overview

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# Meeting Objectives EPA is seeking information regarding: • The existing market for lead test kits as referenced in the 2008 Lead Renovation, Repair and Painting (RRP) Rule • The development or modification of lead test kit(s) that may meet EPA’s RRP Rule criteria • Other alternatives for lead - based paint field testing 6/4/2015 U.S. Environmental Protection Agency 3

# Statutory Authority TSCA section 402(c)(3) directs EPA to revise the lead abatement regulations under 402(a) to apply to renovation or remodeling activities that create lead based paint hazards in target housing ( most pre- 1978 housing )

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# Lead Test Kit Background
• In April 2008, EPA issued a final Lead; Renovation, Repair and Painting Rule under the Toxic Substances Control Act section 402(c)(3 ) • The 2008 RRP Rule (effective in 2010) regulated renovation, repair and painting activities in target housing, which is most pre- 1978 housing, and child occupied facilities (COFs) in which young children spend a significant amount of time
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### • The 2008 RRP Rule allows certified renovators to use EPA- recognized lead test kit to determine if lead based paint is present at or above regulated levels • If lead - based paint is not present, there is no requirement to employ lead -safe work practices under RRP • The federal standard for lead - based paint is a lead content in paint that equals or exceeds 1.0 mg/cm 2 

### lead or 0.5 percent lead by weight 

# Lead Test Kit Background

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# RRP Rule Criteria The RRP Rule established lead test kit performance recognition criteria: • Lead test kits recognized prior to September 30, 2010

– Must meet negative response criterion of no more than 5% false negatives, with 95% confidence for paint containing lead at or above the regulated level

– Recognition of such kits will last until EPA publicizes its recognition of first lead test kit to meet both the negative response and positive response criteria outlined in 2008 RRP rule • Lead test kits recognized after September 30, 2010

– Must meet both the negative response criterion AND positive response criterion of no more than 10% false positives, with 95% confidence, as related to the regulated level

– No lead test kit has been developed that meets the positive criterion 6/4/2015 U.S. Environmental Protection Agency 7

# Other Lead Test Kit Considerations
• Qualitatively speaking, lead test kits recognized by EPA should also serve as a quick, inexpensive, reliable, and easy to perform option for lead - based paint testing in the field

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# EPA’s Environmental Technology Verification Program
• EPA fostered the development of new lead test kit technology to meet the 2008 RRP Rule criteria • EPA provided initial technical R&D resources to interested manufacturers • Four manufacturers submitted lead test kits to EPA’s ETV Program • EPA paid for these lead test kits to complete the ETV Program • No lead test kits met both criteria, one lead test kit (D- Lead®) did meet the negative criterion 6/4/2015 U.S. Environmental Protection Agency 9

# EPA- Recognized Lead Test Kits • Three lead test kits are currently recognized by EPA for the negative criterion

– 3M TM LeadCheckTM (commercially available)

– D- Lead® (commercially available)

– State of Massachusetts test kit (available through the state to MA State Certified Lead Inspectors and Risk Assessors)

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# FY 2015 Appropriations Bill D irects EPA to: • Prioritize efforts with stakeholders to identify solutions that would allow for a test kit to meet the criteria within the 2008 RRP Rule • Revisit the test kit criteria in the 2008 rule and solicit public comment on alternatives, if no solution is reached by the end of the fiscal year 2015 6/4/2015 U.S. Environmental Protection Agency 11

# Key Questions for Stakeholders Lead Test Kit Market 1. Do you use lead test kits? a. If so, approximately how often do you use lead test kits per year? b. If not, what prevents you from using lead test kits? c. If not, what would cause you to use lead test kits? 2. How does your use of lead test kits compare with assuming lead - based paint is present? 3. How does your use of lead test kits compare with XRF testing for lead - based paint? 4. How does your use of lead test kits compare with sending paint samples to a National Lead Laboratory Accreditation Program lab for testing? 6/4/2015 U.S. Environmental Protection Agency 12

# Key Questions for Stakeholders State of the Science 5. Besides what has been presented here today, are you aware of any lead test kits in development? 6. Are you aware of challenges that have been encountered in developing new lead test kits?

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# Key Questions for Stakeholders Lead Test Kit Alternatives 7. Are you aware of other field technologies that could be used in lieu of lead test kits? a. Specifically, are you aware of portable atomic stripping voltammetry? b. Are you aware of other colorimetric methods?

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# Next Steps
• Optional written comments related to lead test kits may be submitted to the docket by July 6, 2015

– Docket ID number: EPA- HQ-OPPT- 2005 -0049- 1439 

### • EPA may schedule individual meetings with lead test kit developers and manufacturers to further discuss lead test kit developments and/or alternatives, as appropriate • EPA will determine the next steps based on the input received though stakeholder engagement 6/4/2015 U.S. Environmental Protection Agency 15

# Thank you Toiya Goodlow goodlow.toiya@epa.gov (202) 566- 2305

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