Public and Commercial Buildings

Renovation, Repair and Painting Meeting

Public Meeting

U.S. Environmental Protection Agency

June 26, 2013
Logistics

• EPA will begin by providing a brief presentation on the Public and Commercial 

Buildings (P&CB) project. 

• Attendees who pre-registered with EPA to give comments at today’s meeting will be 

called to speak according to the schedule provided at the sign-in table. Comments

will be limited to 10 minutes per pre-registered commenter. Please try to make your 

comments as brief as possible. 

• Other attendees may sign up to comment using the sign-up sheets, also located at 

the table. These commenters will be called to speak in the order of sign-up, following 

all remarks from pre-registered commenters. These comments will be limited based 

on the time remaining for the meeting.

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Logistics

• All comments and presentations provided today will be placed in the docket # EPAHQ-OPPT-2010-0173, accessible via www.regulations.gov.

• Rulemaking is a deliberative process. EPA is at the very early stages of this process 

and therefore has not made decisions about statutory findings or regulatory 

approaches and therefore, is not in a position to address specific questions about 

these issues. 

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Background Information

• TSCA section 402(c)(3) directs EPA to revise the 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);

– Public buildings constructed before 1978; and

– Commercial buildings.

• Congress also imposed statutory deadlines for taking these actions.

• For renovations that create lead-based paint hazards, TSCA directs EPA to promulgate 

work practice, training and certification requirements.

• In 2008, EPA promulgated final regulations applicable to renovations in target housing 

and Child-Occupied Facilities (a subset of P&CBs). 

• Shortly thereafter, a group of litigants, including industry, housing advocates and 

environmental groups, challenged the 2008 rule, in part for failure to promulgate a rule for 

P&CBs by the statutory deadline. On August 24, 2009, EPA entered into a settlement 

agreement establishing, among other things, a timeline for addressing renovations in 

public and commercial buildings. 

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Background Information

Settlement Agreement

• Established various deadlines for action on P&CB renovations.

• September 2012: settlement agreement amended.

– Proposed rule by July 1, 2015, unless determination made that these activities do not create lead-based paint 

hazards. 

– Final action no later than 18 months after proposal is published in the Federal Register, approximately 

January 2017. 

Other Notable Milestones

• May 2010: Advanced notice of proposed rulemaking (ANPR) for renovations of 

P&CBs and opening of public comment period. 

• December 2012: FRN opening another public comment period and providing 

advanced notice of public meeting

• May 2013: FRN re-opening public comment period and providing details for public 

meeting.

• June 2013: Public meeting

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Considerations for Rulemaking

• EPA is currently in the process of analyzing whether the renovation of P&CBs 

create LBP hazards, and for those that do, developing proposed certification, 

training and work practice requirements.

• To that end, EPA is seeking data and information from stakeholders and other 

interested members of the public. This information could:

– Inform EPA’s finding of hazard or no hazard.

– Expand or reduce the number of buildings to which a rule could apply.

– Inform EPA’s proposed work practice and training requirements should a hazard determination be 

made.

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Background Information
Considerations for Rulemaking

• Hazards may be created from:

– Interior renovations of P&CBs, 

– Exterior renovations impacting P&CBs, and/or 

– Exterior renovations impacting housing and COFs where dust and debris may settle or be 

transported. 

• Populations of concern include: 

• Children

• Adults, including women who may become pregnant 

• Durations of exposure may vary within these groups. For example, exposure 

will vary based on whether the person is:

• A temporary or regular visitor, or

• A full or part time employee. 

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Background Information
Examples from 2008 RRP Rule

• Occupant Protection

– Posting warning signs

• Containing the Work Area

– Containing dust and debris from the work area with plastic sheeting or other impermeable material

• Prohibiting or Restricting Certain Practices

– Torching and high-temperature heat gun use on lead-based paint

– Use of other high dust generating practices, such as power sanding or sand blasting unless tool is equipped 

with a HEPA vacuum attachment that collects dust and debris at the point of generation

• Waste from Renovations

– Requirements for safe collection, storage and transportation

• Cleaning the Work Area

– Cleaning practices

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Potential Work Practice Requirements 
• Training requirements could vary depending on regulatory requirements.

• In designing training and certification requirements, EPA is interested in ways 

training and certification requirements could be designed to take into account 

existing requirements (under the 2008 RRP Rule) in order to minimize 

additional burden.

• Certification/Accreditation fees to recoup the cost of administering and 

enforcing the program are required by statute.

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Training and Certification
• The manufacture, sale and uses of lead-based paint after 1978

• The use of lead-based paint on public and commercial buildings

• The frequency and extent of renovations of public and commercial buildings

• Work practices used to renovate public and commercial buildings

• Dust generation and transport from exterior and interior renovations of public and 

commercial buildings

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Types of Data and Information Sought
• The docket contains information that EPA will use to support the regulatory 

development process, including, but not limited to:

– Evidence of, and guide specifications for, the use of lead-based paint on P&CBs as architectural 

coatings, maintenance coatings and on structural components.

– Indications that lead-based paint was used on P&CBs after 1978.

– Cleaning and repainting frequencies for some P&CBs such as GSA managed facilities.

– Information indicating that work area containment and other measures to protect occupants are often 

absent or inconsistent during renovations of P&CBs

– Studies indicating that the renovation of buildings (both residential and P&CBs) containing lead-based 

paint can create significant quantities of lead dust.

• Dust Study (included residential and public school building)

• Information from the dust study indicating that an exceedance of the residential and ChildOccupied Facilities hazard standard can occur as a result of exterior renovations.

• Environmental Field Sampling Study Phase I, and Phase II.

• NIOSH studies of dust generation and transport from public, commercial and residential 

buildings. 

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Information Currently Available
• To collect additional data and information related to the renovation of public and 

commercial buildings to inform the Agency’s decisions on how to address lead 

hazards, if any, created by the renovation of public and commercial buildings

• EPA has identified topic areas for which additional information may be useful 

via: 2010 ANPR, December 2012 FRN, May 2013 FRN, and Discussion Guide

• Data and information addressing these areas are sought to inform the decision 

making process 

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Public Meeting: Purpose
• The docket for this rulemaking process will remain open for public comment until 

July 12, 2013.

• Docket Submission. Information can be submitted directly to the regulatory 

docket # EPA-HQ-OPPT-2010-0173, accessible via www.regulations.gov.

• Staff Contacts. Information can also be shared directly with EPA via phone or 

email. Please contact: 

Hans Scheifele at (202) 564-3122 or scheifele.hans@epa.gov; 

or 

Ryan Schmit at (202) 564-0610 or schmit.ryan@epa.gov

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Submission of Data & Information