Small Entities and Rulemaking
Potential SBAR Panel: Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
Top Three Questions
- What is a Small Business Advocacy Review Panel?
- What is a Small Entity Representative (SER)?
- Who is eligible to be a SER?
About the Rule
- Title: Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
- RIN: 2070-AJ56
- Docket No.: EPA-HQ-OPPT-2010-0173
- Publication Date for Notice of Proposed Rulemaking (NPRM): Access the projected publication date on the Regulatory Development and Retrospective Review Tracker (Reg DaRRT).
- Publication Date for Final Rule: Access the projected publication date on Reg DaRRT.
What is the Implication of the Proposed Rulemaking on Small Entities?
In April 2008, the EPA issued a final RRP Rule under TSCA section 402(c)(3). The 2008 RRP Rule regulated renovation, repair, and painting activities in target housing, which is most pre-1978 housing, and child-occupied facilities (COFs) - defined as a subset of public and commercial buildings (P&CBs) in which young children spend a significant amount of time.
The EPA was sued on the 2008 RRP Rule for, among other things, failing to address P&CBs by the statutory deadline. The EPA entered into a settlement agreement that, among other things, establishes a timeline for action on P&CB renovations. Under the terms of the agreement, as subsequently amended, the EPA agreed to sign a proposed rule covering RRP activities in P&CBs by July 15, 2015, unless the agency determines that these activities do not create lead-based paint hazards.
The small business panel described on this web page pertains to the regulation of renovations of public and commercial buildings. Known as a Small Business Advocacy Review (SBAR) Panel, the Panel is designed to gather input from the small businesses, governments, and not-for-profits that may be impacted by such regulations. Example small entities include:
- Building construction (North American Industrial Classification System (NAICS) code 236), e.g., industrial building construction, commercial and institutional building construction.
- Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air-conditioning contractors, painting and wall covering contractors, electrical contractors, finish carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo contractors, glass and glazing contractors.
- Real estate (NAICS code 531), e.g., lessors of non-residential buildings and dwellings, non-residential property managers.
- Public administration
- Other general government support (NAICS code 921) e.g., general services departments and public property management services.
This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed here could also be affected.
How Can I Learn More?
While the opportunity to participate on this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register.
Monthly updates about the rulemaking are available on the rule's profile page on Reg DaRRT. From this page, you can determine when the NPRM will publish and, thus, when you will have an opportunity to comment on the rulemaking.
Semiannual updates about the development status of the rulemaking are available on: