EPA Initiates Review of Lead-Paint Rule

June 14, 2016

Last week, the Environmental Protection Agency published a notice in its spring 2016 regulatory agenda that they are initiating a “610 review” of the Lead: Renovation, Repair, and Painting Rule. A 610 review is a reference to the Regulatory Flexibility Act that mandates EPA to conduct a review within ten years of promulgating a final rule that has or may have a significant economic impact on a substantial number of small entities. Although the agency is only legally required to address the 2008 RRP Rule, EPA will exercise its discretion to consider relevant comments to the 2010 and 2011 amendments.

As part of this review, EPA will consider and solicit comments on the following factors: 1) The continued need for the rule; 2) the nature of complaints or comments received concerning the rule; 3) the complexity of the rule; 4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and 5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. This review will also serve as an additional opportunity to provide comment on lead test kits, field testing alternatives and other broader RRP rule concerns. 

In February, WDMA submitted comments to EPA urging them to undertake a 610 review per their obligations under the Regulatory Flexibility Act and to reexamine the costs of the RRP to the regulated community, including the lack of a commercially available lead test kit.