Lead Paint in Commercial Buildings-EPA Request for Information

The U.S. Environmental Protection Agency is exploring new regulations that would create rigorous lead abatement practices in commercial buildings, similar to those that exist for residential properties. These potential new rules would apply to a myriad of real estate industry practitioners. The EPA announced on Dec. 31, 2012 that they will begin collecting information from property owners and managers, construction and real estate contractors, and other industry professionals. This information collection period will assist the EPA in the rule-making process with regard to Lead Based Paint and commercial buildings.

The EPA would like to receive information on the manufacture, sale, and use of LBP post-1978; use of LBP in or on public and commercial properties; how often renovations were done on public and commercial properties and the practices used in such renovations; and estimates of the amount of dust created and possibly transported from the outside to the inside of the building.

It is expected the EPA will move forward with the process of creating formal rules and will be releasing a proposed rule no later than July 1, 2015. Final rules are to be completed by Dec. 31, 2016.

CCIM Institute has been following this issue for several years and has anticipated possible changes to EPA regulations. The EPA has limited power for public buildings (regulatory oversight includes renovation/repair/painting granted by the U.S. Congress); however, the agency continues to move beyond its scope of power. CCIM Institute has been active in a coalition to focus on fair and practical regulations pertaining to LBP in commercial buildings and will continue to be active on this issue. Read more on the EPA request for information.