EPA Moving Forward With Lead-Abatement Regulation for Commercial Buildings

The United States E.P.A. is moving forward with preliminary rule-making activities for the regulation of lead-based paint hazards on and in public and commercial buildings (those built prior to 1978) under the Toxic Substances Control Act (TSCA).  The regulation of commercial structures will impact a number of real estate practitioners involved with pre-1978 buildings - including property owners and managers, construction and real estate contractors, and other industry professionals.

The EPA already has a Lead Renovation, Repair, and Painting (RRP) Rule in place for pre-1978 residential properties and child-occupied facilities, which imposes stringent disclosure obligations on owners and property managers and requires renovations, repairs and painting to be performed by EPA-certified contractors with training in lead abatement practices.  This rule has added significant costs to the ownership and maintenance of older homes and has exposed property owners and contractors to significant civil penalties for failing to comply with the rule.

The EPA will be collecting information from the public and industry professionals regarding lead-based paint in commercial and public buildings until April 1, 2013.  Specifically EPA is seeking comments on the manufacture, sale and use of lead-based paint post-1978; use of lead-based paint in or on public and commercial properties; how often renovations were performed on public and commercial properties and the practices used in such renovations; estimates of the amount of dust created and possibly transported from the outside to the inside of the building; and the economic impact that the regulation would have on affected businesses and stakeholders - in particular small businesses.

The information gathering is designed to assist the EPA in determining whether renovations, repairs and painting activities in commercial and public buildings create lead-based paint hazards.  The EPA is required to either determine that no such risks exist or sign a proposed rule similar to the RRP rule for residential properties by July 1, 2015.

The EPA is planning to hold a public meeting regarding the potential commercial and public building rule on June 26, 2013.  Additional details regarding the public meeting will be available in the spring.

The full text of the request for information can be found here.