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EPA to Nix Grandfather Clause for Lead

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 EPA on Thursday, Oct. 22, 2009, announced in a press release several actions the agency proposes to take to prevent lead poisoning.

The agency 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 announcement coincided with the agency's official National Lead Poisoning Prevention Week.

The federal government banned lead-based paint from housing in 1978. However, if a home was built before 1978, according to the agency, 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 take the proper precautions to work lead-safe work, including minimizing the dust, containing the work area, and conducting a thorough cleanup to reduce the potential exposure associated with disturbing lead-based paint. This rule would expand such requirements to cover most pre-1978 homes.

The EPA also announced that it will propose to modify the regulatory hazard standard for lead in dust to reflect recent scientific determinations. The agency also said it will work with the U.S. Department of Housing and Urban Development to propose to modify the regulatory definition of lead-based paint. The National Center for Healthy Housing and several other citizens groups had petitioned the agency on these issues, making the point that current standards are outdated, the EPA said in its release.

The agency will take comment on the proposal through Nov. 20, 2009 and expects to finalize the rule by April 2010.

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