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

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

3. Lead Renovation, Repair, and Paint Rule (LRRP)

4. 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.

5. 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

6. 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, “renovators”—individuals 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)

7. 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

8. 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.

9. 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

10. Chemical Assessment and Management Program (ChAMP)

11. 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 Mexico’s capacity for chemical assessment and management

12. 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

13. 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

14. 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 onIHPV chemicals (2012-2014)

15. Program Enhancements –Resetting the TSCA Inventory • Inventory’s “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

16. Comparing ChAMP and REACH Approaches

17. 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.

18. Nanoscale Materials under TSCA

19. 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

20. 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

21. 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

22. 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

23. 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

24. Resources EPA/OPPT Websites and Contacts: Lead R&R – 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