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Small Entities and Rulemaking

Potential SBAR Panel: Lead; Renovation, Repair, and Painting Program for the Exterior of Public and Commercial Buildings

About the Rule

More information about this rule: Lead in Paint, Dust, and Soil

What is the Implication of the Rulemaking on Small Entities?

In April 2008, EPA issued the final Renovation, Repair and Painting Rule (RRP Rule) under the authority of section 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule in court. EPA entered into a settlement agreement, and agreed to take several actions, including the following:

  • Issue a proposed regulation to regulate renovations on the exteriors of public buildings constructed before 1978 (hereinafter "public buildings") and commercial buildings by December 15, 2011, and to take final action on that proposal by July 15, 2013.
  • Consult with EPA's Science Advisory Board by September 30, 2011, on a methodology for evaluating the risk posed by renovations in the interiors of public and commercial buildings.
  • Eighteen months after receipt of the Science Advisory Board's report, either issue a proposal to regulate renovations on the interiors of public and commercial buildings or conclude that such renovations do not create lead-based paint hazards.

This small business panel pertains only to the regulation of renovations on the exteriors 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.
  • Facilities support services (NAICS code 561210).
  • 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.

EPA expects to conduct an SBAR Panel for the development of a proposed regulation to address lead-based paint hazards created by the renovation, repair, and painting of the exteriors of public and commercial buildings. EPA's proposed regulation is expected to include lead-safe work practices and other requirements.

In the future, EPA will seek additional information and evaluate whether interior renovations of public and commercial buildings create hazards. If EPA determines that such renovations create lead-based paint hazards, EPA expects to propose a separate regulation to address these hazards. This SBAR Panel does not focus on interior renovations.

How Can I Learn More?

If you are a small business involved in the renovation, repair, and painting of the exteriors of public and commercial buildings, you may be affected by this rulemaking. 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 (NPRM) 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. You may also wish to read the Advance Notice of Proposed Rulemaking for this rule, which was published in May: http://edocket.access.gpo.gov/2010/pdf/2010-10097.pdf (15 pp, 115K, About PDF).

Finally, semiannual updates about the development status of the rulemaking are available on both:

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