EPA to Expand Lead Paint Rule to Commercial Buildings, Regulate Stormwater
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.
(From ABC)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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