New York City Coalition to End Lead Poisoning

EPA's New Standards for the Identification of Dangerous Lead Levels (under TSCA § 403),
40 Code of Federal Regulations Part 745, issued December 22, 2000, published Jan. 5, 2001, 66 Federal Register 1205-1240.

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Some previous comments on the Prior Proposed Regulations (all in PDF format):
Northern Manhattan Improvement Corporation
National Environmental Justice Advisory Council ["NEJAC "]
Children's Health Protection Advisory Committee

Below is a chart comparing the initial interim guidance (published in 1995), the proposed regulations (published in 1998), and the final regulations (published in 2001):
Issue 1995 - Interim guidance
( 60 FR 47248)
1998 -Proposed reg.
(63 FR 30302)
2001- Final reg.
40 CFR 745 Subpart D
(66 FR 1205)
Walls, other surfaces (generally) - definition of hazard: Pb paint is hazardous if "(1) it is deteriorated (in any location) .... 'Deteriorated paint' means any interior or exterior paint that is peeling, chipping, chalking, or cracking, or is located on an interior or exterior surface or fixture that is damaged or deteriorated." 60 FR 47249-47250. "Paint in poor condition", which is "2 square feet of deteriorated paint on interior components with large surface areas (e.g. wall, ceilings, floors, doors) or more than 10% of the total surface of the component ..." 63 FR 30353 "Any ... deteriorated lead-based paint in any residential building or child-occupied facility"

§ 745.65(a)(4)

Friction Surfaces - definition of hazard: Pb paint "present (in any condition) on ... friction surfaces...." 60 FR 47249

"A 'friction surface' is a ... surface that is subject to abrasion orfriction." 60 FR 47250 (emphasis added)

only where more than 10% of the surface of the component is deteriorated.

63 FR 30353

All Pb paint on a friction surface, but only where if both 1) subject to abrasion and2) dust levels exceed standards § 745.65(a)(1)
Impact Surfaces - definition of hazard: Pb paint "present (in any condition) on impact ... surfaces... subject to damaged from repeated impacts."

60 FR 47249-50

not "hazardous" unless more than 10% of the surface of the component is deteriorated.

63 FR 30353

Only already damaged Pb-paint caused by impact from a related building component

§ 745.65(a)(2)

Chewable Surfaces

definition of hazard:

All Pb paint "present (in any condition) on surfaces that are accessible for mouthing or chewing by children." 60 FR 47249-50.

"A surface is considered to be accessible for mouthing or chewing by children if it protrudes from the surrounding area to the extent that a child can chew the surface, and is within three feet of the floor or ground (e.g., window sills, railings, and the edges of stair treads)." 60 FR 47250.

Various options considered See63 FR 30333 Any chewable Pb painted surface, but only where evidence of teeth marks

§ 745.65(a)(3)

Dust levels:
floors 100 ug/ft², bare floors only,

no standard for carpeted floors

60 FR 47250

50 ug/ft², bare floors only,

no standard for carpeted floors

64 FR 30355

40 ug/ft²

bare and carpeted floors

§ 745.65(b)

window

sills

500 ug/ft²

60 FR 47250

250 ug/ft²

64 FR 30355

250 ug/ft²

§ 745.65(b)

window

troughs

800 ug/ft²

60 FR 47250

800 ug/ft²

64 FR 30355

400 ug/ft²

§ 745.227(e)(viii)

Soil 400 ppm - level of concern in play areas

2,000 ppm - level of concern in other areas

5,000 ppm - abatement level

60 FR 47251-52

soil lead hazard is 2,000 ppm yard-wide

64 FR 30355

soil-lead hazard is

400 ppm in play areas,

1,200 ppm remainder of yard

§ 745.65(c)

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