Environmental Council of the States Presentation

1
Environmental Council of the States Presentation

• Jim Gulliford, Assistant Administrator
• Office of Prevention, Pesticides,
• and Toxic Substances
• April 16, 2008

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Outline

• Lead Renovation, Repair, and Paint Rule (LRRP)
• Chemical Assessment and Management Program
  (ChAMP)
• Nanoscale Materials Stewardship Program (NMSP)

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Lead Renovation, Repair, and Paint Rule (LRRP)
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Lead Rule Summary

• On March 31, EPA announced a final rule to
  address lead-based paint hazards created by
  renovation, repair, and painting activities that
  disturb lead-based paint in target housing and
  child-occupied facilities built before 1978.

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Scope

• Covers renovation, repair and painting activities
  that disturb lead-based paint where children
  under six or an expectant mother resides
• Housing constructed before 1978
• Child-occupied facilities--kindergartens and
  child care centers
• Excludes minor repairs maintenance, under 6
  square feet interior or 20 square feet of
  exterior paint
• Covers builders, painters, plumbers, and
  electricians
• Enforcement and recordkeeping requirements
  included

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Training and Certification Requirements

• Renovations must be performed by certified
  renovators and other workers that have received
  on-the-job training from certified renovators
• To become certified, renovatorsindividuals who
  perform and direct renovation activities --must
  take an 8-hour accredited training course
• To become certified, renovation firms must submit
  an application to EPA and pay a fee (under
  development)

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Lead Safe Work Practice Requirements

• post warning signs
• contain work area
• prohibit certain practices, including high heat
  gun, torch, power sanding, power planing
• restrict occupants from work areas
• prevent dust and debris from spreading
• conduct a thorough cleanup
• post-renovation cleaning verification

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Effective Dates of Rule

• June 2008
• Effective date of rule
• States and tribes can begin applying for
  authorization.
• April 2009
• Providers of renovator and/or dust sampling
  technician training may apply for accreditation.
• November 2009
• Renovation firms may begin applying for
  certification.
• April 2010
• Rule fully implemented. Training providers must
  be accredited, renovation firms/renovators/dust
  sampling technicians must be certified, and work
  practices must be followed.

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Region, State and Tribal Programs

• EPA encourages States and tribes become
  authorized to administer this program
• EPA has begun meeting with Regions and States to
  discuss program authorization
• Resource challenges

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Chemical Assessment and Management Program (ChAMP)
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Chemical Assessment and Management Program (ChAMP)

• At Security, Prosperity and Partnership (SPP)
  Summit in August 2007, President Bush, Canadian
  Prime Minister Stephen Harper and Mexican
  President Felipe Calderon committed to enhance
  regulatory cooperation in North
• Canada U.S. will work with Mexico to establish
  a Mexican chemical inventory and strengthened
  North American chemical regime.
• Research and development on new approaches to
  testing and assessment.
• Create mechanisms to share domestic scientific
  information and best practices for chemical
  assessment and management. Enhance Mexicos
  capacity for chemical assessment and management

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U.S. Commitments Under SPP

• By the end of 2012
• Assess and initiate needed action on the over
  6,750 existing chemicals produced above 25,000
  lbs/yr the U.S.
• Includes High Production Volume (HPV) and
  Moderate Production Volume (MPV) chemicals
• Includes work under U.S. HPV Challenge
• MPV work builds off Canadian categorization
  effort
• Make and publicly release screening level
  decisions and initiate needed action

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Meeting the SPP Goals

• 2007
• Developed process for screening-level Hazard
  Characterizations (HCs) and Risk
  Characterizations (RCs), and Risk-Based
  Prioritizations (RBPs) on HPV chemicals
• Posted over 150 HCs
• 2008
• Posted additional 50 HCs in January
• Posted initial set of 19 RBPs in March
• Continue developing and posting RBPs
• Post initial MPV HCs
• 2009
• Continue posting RBPs for HPV chemicals and
  significantly ramp up posting MPV HCs

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Program Enhancements Inorganic HPV Challenge

• Inorganics first included on IUR in 2006
  exposure data reporting in 2011
• EPA estimates that there are likely to be between
  400 and 500 HPV inorganic chemicals reported
• EPA considering IHPV Challenge Program Mirroring
  HPV Challenge Design
• Identify and work with stakeholders to develop
  program/process/timing.
• Apply established EPA, OECD guidance to determine
  inorganics data needs
• Assess, prioritize, and initiate needed action on
  IHPV chemicals (2012-2014)

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Program Enhancements Resetting the TSCA
Inventory

• Inventorys 83,000 chemicals are misleading
• Likely that many chemicals are no longer
  manufactured/imported or
• Are produced only in low or episodic volumes
• EPA will engage stakeholders on regulatory
  options for making the TSCA Inventory
• Better reflect the chemicals actually in commerce
  in the U.S.
• A more meaningful and useable resource

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Comparing ChAMP and REACH Approaches
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Stakeholder Engagement

• EPA will seek input from a wide range of partners
  and stakeholders
• Series of meetings and discussions over March
  through June period
• Focus meetings, webinars, pre-established
  conferences/meetings
• Industry, NGOs, States and Tribes, Federal
  Partners
• Working to schedule State/Tribal webinar or
  meeting on May 14
• EPA goal is to provide feedback to Administrator
  this summer and possibly begin implementing
  program enhancements by the end of summer.

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Nanoscale Materials under TSCA
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Nanoscale Materials under TSCA

• Important technology in many sectors
• Many nanoscale materials (NMs) are chemical
  substances as defined by TSCA
• NMs not on the TSCA Inventory are new chemicals
• TSCA definition based on molecular identity, not
  other properties
• New chemical examples include fullerenes carbon
  nanotubes
• NMs already on the TSCA Inventory are existing
  chemicals
• Some metal oxides, for example

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TSCA Regulatory Oversight of NMs

• Pre-manufacture notice (PMN) is required before
  manufacture of new chemical NMs
• Significant New Use Rules can be applied to
  specific NMs or categories of NMs
• Information collection authorities can be used to
  obtain needed information
• Use exposure data
• Health safety studies
• Substantial risk reporting requirements keep EPA
  promptly informed of new information

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Nanoscale Materials Stewardship Program (NMSP)

• Voluntary program complements TSCA regulatory
  program
• NM manufacturers, processors, users, or importers
• Researchers or PMN submitters can also
  participate
• NMSP has two components
• Basic submit available information on NMs,
  including risk management practices, by 7/28/08
• In-depth develop test data for representative
  NMs over longer time frame
• Submissions can be claimed CBI, but EPA
  encourages as much public data as possible

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NMSP Evaluation

• Interim evaluation report
• Approximately one year from initiation based on
  reporting during first six months
• Detailed program evaluation report
• Approximately two years from initiation
• Determine future direction of NMSP
• EPA will adjust or decide future steps as needed
  during or at the end of the NMSP
• May include TSCA regulation to obtain data or
  take other actions

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NMSP Outreach

• Active EPA outreach program
• Encouraging early participation in the basic
  program before 7/28/08
• Sending letters to potential participants
• Speaking at conferences stakeholder meetings in
  DC regions
• Major trade associations have notified members
  encouraged participation
• EPA is publicly recognizing participants at
  meetings on OPPT web site
• Dupont and Office ZPI have submitted info
• Ten companies have committed to submit info

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Resources

• EPA/OPPT Websites and Contacts
• Lead RR http//www.epa.gov/lead/
• Contact Maria Doa, 202-566-0718
• ChAMP -- http//www.epa.gov/ChAMP/
• Contact Diane Sheridan, 202-564-8176
• Nano -- http//www.epa.gov/oppt/nano/
• Contact Jim Alwood, 202-564-8974