NAR Comments on Proposed Commercial Lead Paint Rule

On May 6, 2010, EPA issued an Advanced Notice of Proposed Rulemaking (ANPR) concerning the Renovation, Repair and Painting Program for Commercial and Public Buildings. The purpose of this ANPR was to solicit feedback and comments on a proposed program that would be similar to the one promulgated for homes, which aims to reduce children's exposure to lead dust during renovation activities. In this most recent ANPRM, EPA has requested comments on a variety of issues specific to the regulation of RRP activities in commercial and public buildings.

NAR, in coalition with several other impacted organizations, submitted comments on July 6, 2010 to express a variety of concerns regarding this proposed regulation. In the comments, the Coalition emphasized that EPA must consider the scope of its authority before proceeding with any regulations. The Toxic Substances Control Act limits the Agency's authority to promulgate regulations that govern RRP activities in commercial and public buildings. Among other things, EPA must complete a congressionally-mandated study of RRP activities in commercial and public buildings and the extent to which they create lead-based paint hazards before it can proceed with any regulations. In addition, EPA must consider a variety of factors in any rulemaking efforts related to RRP activities in commercial and public buildings. For example, the Agency should take into account the fact that RRP activities in commercial and public buildings may present very different patterns of exposure to lead-based paint hazards than the RRP activities in residential settings on which the Agency has previously focused.

In addition, EPA should take into consideration the very limited use of lead-based paint in commercial buildings since 1978. EPA must also consider the potential impacts that the imposition of regulatory requirements may have on other national priorities such as increasing energy efficiency. Indeed, the many questions concerning the extent to which RRP activities in commercial and public buildings actually present lead-based paint hazards and the potential consequences of any regulations strongly suggest that the Agency should continue to seek the input of key stakeholders such as the Coalition's members as this rulemaking proceeds. Visit NAR's Homepage on Lead-Based Paint.