Expansion of Lead Paint Rules - 2008 Lead Renovation, Repair and Painting Rule

EPA has issued a proposed rule to expand the coverage of the 2008 Lead Renovation, Repair and Painting Rule. The new rule proposes to eliminate a provision that exempted some housing from the rule’s requirement that contractors be trained and certified and use lead-safe work practices when renovating, repairing or painting a pre-1978 home.

The federal government banned lead-based paint from housing in 1978. However, if a home was built before 1978, it has a higher likelihood of containing lead-based paint. The 2008 rule requires contractors working in pre-1978 housing where children under six or pregnant women reside to take the proper precautions to work lead-safe, including minimizing the dust, containing the work area, and conducting a thorough cleanup to reduce the potential exposure associated with disturbing lead-based paint. The proposed rule would expand such requirements to cover most pre-1978 homes.

EPA expects to finalize the rule by April 2010.

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Proposed Rules On Disclosure of Inert Pesticide Ingredients

The U.S. Environmental Protection Agency is requesting public comment on options for disclosing inert ingredients in pesticides. In this anticipated rulemaking, EPA is seeking ideas for greater disclosure of inert ingredient identities. Inert ingredients are part of the end use product formulation and are not active ingredients. Pesticide manufacturers usually disclose their inert ingredients only to EPA. Currently, EPA evaluates the safety of all ingredients in a product’s formulation when determining whether the pesticide should be registered.

On October 1, 2009, EPA responded to two petitions to designate more than 350 inert pesticide ingredients as hazardous. The petitioners asked EPA to require that these ingredients be identified on the labels of products that include them in their formulations.

EPA is accepting comments on the advance notice of proposed rulemaking for 60 days after it has been published in the Federal Register.

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EPA TSCA Chemicals of Concern List - Phthalates, PBDE, PFOA

The U.S. Environmental Protection Agency (EPA) has announced a series of actions on four chemicals raising serious health or environmental concerns, including phthalates. EPA intends to establish a “Chemicals of Concern” list and is beginning a process that may lead to regulations requiring significant risk reduction measures to protect human health and the environment. The agency’s actions represent its determination to use its authority under the existing Toxic Substances Control Act (TSCA) to the fullest extent possible.

In addition to phthalates, the chemicals EPA is addressing are

• short-chain chlorinated paraffins,
• polybrominated diphenyl ethers (PBDEs) and
• perfluorinated chemicals, including PFOA.

EPA also recently announced that three U.S. companies agreed to phase out DecaBDE, a widely used fire retardant chemical that may potentially cause cancer and may impact brain function.

In September 2009, EPA outlined a set of agency principles to help inform legislative reform and announced that EPA would act on a number of widely studied chemicals that may pose threats to human health. When TSCA was passed in 1976, there were 60,000 chemicals on the inventory of existing chemicals. Since that time, EPA has restricted or banned five existing chemicals and has required testing on another two hundred existing chemicals. An additional 20,000 chemicals have entered the marketplace for a total of more than 80,000 chemicals on the TSCA inventory.

The actions announced by EPA include:

• Adding phthalates and PBDE chemicals to the concern list.
• Beginning a process that could lead to risk reductions actions under section 6 of TSCA for several phthalates, short-chain chlorinated paraffins, and perfluorinated chemicals.
• Reinforcing the DecaBDE phaseout, which will take place over three years, with requirements to ensure that any new uses of PBDEs are reviewed by EPA prior to returning to the market.

This is the first time EPA has used TSCA’s authority to list chemicals that “may present an unreasonable risk of injury to health and the environment.” Inclusion on the list publicly signals EPA’s concern about the risks that those chemicals pose and the agency’s intention to manage those risks. Once listed, chemical companies can provide information to the agency if they want to demonstrate that their chemical does not pose an unreasonable risk.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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