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The Environmental Protection Agency (EPA) continues to move forward with a potential rulemaking that would expand the existing Lead Paint Renovation and Repair and Painting rule to include public and commercial buildings. The proposed rulemaking, which likely would regulate renovation, repair and painting activities on and in public and commercial buildings to address possible lead-based paint hazards, is listed on EPA’s regulatory agenda for July 2015.

ABC, as part of the Commercial Properties Coalition, aired their concerns regarding the possible rule June 26 during an EPA public hearing. The coalition reiterated many of the points from their April 1 comments, stating that EPA should not rely on the information that was gathered for “target housing” to justify a public and commercial program. Instead, the agency could use the massive stock of federal buildings to collect the scientific, technical and work practices they are seeking. 

Post-Construction Stormwater 
Also on its agenda, EPA moved its post-construction stormwater rule to long-term action.  Under a 2010 settlement agreement, which resulted in EPA agreeing to propose a national stormwater rule for developed and redeveloped sites, EPA was supposed to have proposed a rule by June 10.  On June 18 the Chesapeake Bay Foundation found the EPA to be in violation of the 2010 settlement agreement and, under a dispute resolution, EPA was given 30 days from the written date of the notice to meet and attempt to resolve the dispute. If neither party can resolve the issue within 60 days of the meeting, then the Foundation is allowed to reinstate the lawsuit.
Stormwater ELG
EPA issued a proposed rule April 1, in response to another settlement agreement agreeing to withdraw the numeric discharge limit from the existing 2009 Construction and Development Effluent Limitations Guidelines Rule. Under the regulatory agenda, EPA lists February 2014 for a final rule on the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category.