EPA AGENDA ADDRESSES STORMWATER MANAGEMENT AND LEAD SAFE PRACTICES  (02/21/2012)
The Environmental Protection Agency’s (EPA) regulatory agenda for 2012 contains actions on expanding the Lead Renovation Repair and Painting rule and updating stormwater management regulations.

The agenda states the EPA plans to issue a proposed rule expanding its Lead, Renovation, Repair and Painting Program to include commercial buildings. The original RRP rule, which took effect in April 2010, mandates that contractors performing renovation, repair and painting projects that disturb more than 6 feet of lead-based paint in most pre-1978 homes, child care facilities and schools must be certified and follow specific work practices to prevent lead poisoning. As part of a coalition of 14 other organizations, ABC filed comments in July 2010 expressing concern over the expansion. The EPA said it plans to issue the new proposal by June.

The EPA also is planning rulemaking initiatives related to stormwater management issues. By November, the EPA intends to issue a final rule regulating stormwater runoff from newly developed and redeveloped sites.

In addition, the agency is planning to issue a proposed rule in December to correct an error in a 2009 final rule on new stormwater management regulations for construction sites. The original rule imposed a limit of 280 turbidity units on stormwater discharges from construction sites disturbing 10 or more acres of land, which ABC pointed out in comments it filed would force some small businesses to close as a result of the added cost. After the rule was challenged, and the EPA failed to justify the number, the 7th Court of Appeals vacated the numeric limit and gave the EPA time to develop a new limit.

Although each action item on the EPA agenda is listed with a completion date, the agency is not required to adhere to the timelines. To view the complete agenda, visit www.reginfo.gov.

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