U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGY FOR
REDUCING LEAD EXPOSURES
* February 21, 1991
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U S ENVIRONMENTAL PROTECTION AGENCY
STRATEGY FOR
REDUCING LEAD EXPOSURES
TABLE OF CONTENTS
Page
1
Executive Summary
I. statement of Problem '
Health Effects '.'.I 4
Environmental Exposures ".".".... 5
Sources of Lead. .
8
II. overview of Strategy
. . 8
Goal I*.'.'...- 8
Objectives : . . 9
Major Action Elements I*.'.'.... H
Coordination
13
III. Research Program
TV Abatement Program
' . . 15
Lead-Based Paint Exposures "...." 19
Urban Soil 1 '. ".'...-• 21
Superfund Sites
.v. Regulatory and Pollution Prevention Program «
Office of Drinking Water ' ; ; 25
Office of Solid Waste '.!*.!•• 27
Office of Air Quality Planning and S an^ ^ 32
Office of' Enforcement
Appendices:
I.
II.
35
36
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EXECUTIVE SUMMARY
INTRODUCTION
This document presents the coordinated strategy of the U.S
Environmental Protection Agency to address the significant heal
and environmental problems our society is facing as a result of
?ead pollution. Lead is a multi-media pollutant; accordingly,
the Agency plans to address lead contamination by coordinating
its authorities across programs.
Because the strategy includes research, regulatory, •
enforcement, educational and training activities, we envision
?his document will be a living document, and that it will evolve
as we begin to implement its various components. Several aspects
of the strategy will entail continued coordination with other
branches of government while others, such as regulations, will
require full compliance with the Agency's rulemaking
requirements.
THE PROBLEM
Lead is a highly toxic metal, producing a range of adverse
health effects, particularly in children and fetuses. Effects
include nervous and reproductive system disorders, delays ,in
neurological and physical development, cognitive «f ^JJ0"1
changes! and hypertension. Adverse effects have been found at
lower and lower blood lead levels, and the Centers for Disease
control (CDC) anticipate lowering its level of concern from 25
ug/dl to a level within the range of 10 to 15 /ig/dl.
Elemental lead is indestructible, and ubiguitous « «je
environment. Although the percentage of children J1^ JJJ^JJ
blood lead has declined substantially over thfclast_t^y y^r
with average blood lead levels dropping from 15 to 5 jig/dl, an
estimated 15% of children still have blood lead levels over 10
ug/dl. The three major sources of elevated blood lead are leaa
blsed paint urban soil and dust (contaminated mainly by lead-
based paint'and gasoline), and lead in drinking water (moderate
exposures in large populations). Other sources include
stationary point sources, Superfund sites, municipal waste and
sewage sludge incinerators, and use of lead in products.
FPA'S STRATEGY
The gra- of the strategy is to reduce lead exposures to the
fullest ex-rt practicable, with particular int.r..t in reducing
account the associated costs and benefits, and 2) to
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significantly reduce, through voluntary and regulatory actions,
unacceptable lead exposures that are anticipated to pose risks to
children, the general public, or the environment. These
objectives will necessarily evolve as we better understand the
risks posed by lead.
The strategy includes several major action elements:
develop methods to identify geographic "hot spots",
implement a lead pollution prevention program,
strengthen existing environmental standards,
develop and transfer cost-effective abatement
technology,
encourage availability of environmentally sound
develop and implement a public information program,., and
aggressively* enforce environmental standards.
EPA'S research program, with other Federal agencies, will
define, encourage, and/or conduct research needed to 1) locate
and assess, in terms of both geography and media, serious lead
risks, and 2) develop methods and tools to reduce those risks.
EPA's Lead Research Sub-Committee will continue to define and
rank lead research program objectives and activities.
>
EPA'S abatement program focuses on in-place lead, and ';
addresses lead-based paint exposures, urban soil and dust, and
Superfund sites. Lead-based paint is the most serious source of
children's exposures. Although the Department of Housing and
Urban Development (HUD) has primary responsibility for the lead-
based paint portion of this program, EPA is providing HUD with
technical and administrative assistance. HUD's Lead-Based Paint
Task Force, with representation from EPA, CDC, the National
Institute of Standards and Technology (NIST) and other Federal
agencies, is providing a mechanism for the exchange of
information on Federal lead-based paint activities among the
various agencies. EPA is funding a number of initiatives in
support of reducing risk from in-place lead, and will continue to
serve as the focal point and overall manager of technical support
to HUD.
Lead-contaminated urban soil is believed to be the next most
important source of lead exposure, but relatively little is known -
about it. Under the Superfund Amendments and Reauthorization Act
(SARA), EPA is conducting a pilot program to evaluate effects of
removing lead-contaminated soil and dust on children's blood
lead.
More than 400 National .Priority ..List sites iiave lead as an
important contaminant. EPA has issued interim guidance on lead
soil clean-up levels at Superfund sites, and is working to
provide methods for determining site-specific soil levels.
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EPA-s r«Ti1«frnrv an* petition rrrYfnt-
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STATEMENT OF PROBLEM
HEALTH EFFECTS
Lead is a highly toxic heavy metal. It produces a spectrum
of effects, both acute and chronic. Adverse effects include
peripheral and central nervous system dysfunction, anemia, and in
extreme cases, mental retardation and death. It has no
beneficial biologic effect, and current data do not permit
establishing a clear threshold for adverse effects.
Fetuses and young children are particularly susceptible to
lead. Considerable data suggest a correlation between elevated -
blood lead (EBL) and delays in early neurological and physical
development, cognitive and behavioral alterations, alterations in
red blood cell metabolism and vitamin D synthesis, and kidney
impairment.
Adults also face health risks. A positive association has
been found in adult males between EBL and hypertension. Lead has
also been associated with increased risk of cardiovascular
disease. Since lead is stored in bone, it may be mobilized
during periods of stress, "during pregnancy, and among people
suffering from osteoporosis. Lead exposures also may play a role
in miscarriages and in damage to the male reproductive system.
Blood lead (PbB) is a surrogate for estimating recent
exposure. There has been increasing concern about PbB at lower
and lower levels over the past 15 years, as adverse effects have
been identified at levels not previously recognized as harmful.
The Centers for Disease Control (CDC) has repeatedly lowered the
PbB level of concern, from 40 M9/dl in 1978 to 25 Mg/dl
currently, and anticipates lowering this to a level within the
range of 10 to 15 ng/dl in the near future.
ENVIRONMENTAL EXPOSURES
As an element, lead is essentially indestructible, and is
ubiquitous in the environment. However, there have been large
reductions in ambient air lead and food lead concentrations since
the late 1970 's, primarily due to the phase-down of the use of
lead in gasoline and the removal of lead-soldered food cans from
domestic production. While no longitudinal or prospective data
are available on soil lead, it is likely that reductions in soil
deposition have occurred as air emissions declined. This, in
conjunction with other factors, has dramatically lowered
population PbB. While there .has been no .recent. national survey
of human PbB, it is estimated that mean PbB in U.S. children has
declined by a factor of three or four, from about 15-20 /xg/dl in
1976-80 to approximately five ng/dl today. As the next table
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shows, there have been comparable declines in the estimated
percent of U.S. children with EBL.1
TABLE 1: - - jLJiii*LJ*L
^976-80 1990
(percent) (percent)
>25
population exposures as well.
«
SOURCES OF LEAD
The three major sources of lead contributing to PbB above 10
in descending order of importance, are:
Lead-based paint (LBP): Most PbB levels in U.S.
"ildren above CDC's current level of J0""™^
Mg/dl) are due primarily to exposures to deteriorating
TRP causina very high PbB in relatively large
populations9 L£ fof residential use was banned by the
EoSsumer Product Safety Commission CPSC) in 1978. The
control of existing LBP in residential units is
D?im!rily the responsibility of the homeowners .
alt£oughythe Depa?tment of Housing and Urban Affair.
?HUD) is responsible for public housing. Pr°f™^ *L
assist homeowners and property owners in the abatement
of residential LBP is the responsibility of HUD, with
EPA and several other agencies providing technical
support .
1 The estimates in this and the following[table ^ere
?he^ost recent available information on lead occurrence in
various exposure media.
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2. Urban soil and dust: These were contaminated In the
past mainly by LBP and lead in gasoline. The extent
and severity of exposures are not well characterized,
but both are believed to be large.
3. Driuhing vater: Drinking water generally contributes
low to moderate exposures to relatively large
populations. Lead contamination is due mainly to lead
solder joining water pipes in housing, the past use of
lead service lines to connect homes to public water
supplies, and the continuing use of lead in brass
plumbing fixtures. Lead use in pipes and solder was
banned in 1986; however, EPA enforcement of this ban is
extremely limited. Revisions to Safe Drinking Water -•
Act (SDWA) regulations will gradually minimize
exposures from these sources.
Thus, the major sources of EBL today largely are regional
exposures to lead deposited when lead was extensively used in
gasoline and paint, and to previously installed lead and lead-
soldered pipes conveying drinking water. The next table
describes the extent of these exposures.
TABLE 2: .
Estimated Number of Children under 6 Exposed to Lead Sources
Number and percent
with PbB >10 uo/dl
Total exposed Number Percent
LBP, plus
urban background 12,000,000 2,000,000 17
Urban soil/dust 12,000,000 ? ?
Drinking water 30,000,000 950,000 3.5
Although most EBL in the U.S. today is attributable to one
or more of the above sources, -there are additional contributions..
from other sources that add to total lead body burden. The
severity of lead exposures from other sources is unclear,
although these sources may contribute to very high exposures in
smaller populations. These other sources include food and
continuing auto emissions, as well as the following sources:
* Stationary point >ouro««: Mainly smelters, which cause
high PbB in relatively small and local populations.
Exposures are due in part to current emissions, and in
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part to resuspension of dusts and soil contaminated by
past emissions.
* Superfund National Priority List (NPL) »ites:
ADDroximately 400 of these sites have lead identified
• as one of the major contaminants, and may have very
; ' high soil lead levels.
* Municipal waste conbustors (Mire's): Presently about
200 with many more planned or under construction.
Stack emissions from these sources will be reduced by
recently promulgated regulations.
continued us* of l«ad in products or for purposes that
could result in high wposure: For example, the use of
lead solder to seal food cans or (illegally) to join
pipes conveying drinking water; use in brass plumbing
fixtures; use in products (such as paints and solder)
used intensively by hobbyists or "do-it-yourselfers";
use in industrial paints, and use in ceramic glazes.
Mining sites: Sites exist where significant residual
mine wastes remain. Many of these sites have ongoing
activities to remove or remill much of the existing
mine waste. The bioavailability of such lead is under
: " investigation.
* sewage sludge disposal: Primarily a problem if the
> sludge is incinerated without proper controls.
* Occupational exposures: This would include secondary
i exposure of children whose parents are occupationally
f exposed to lead.
' EPA, recognizing the varied sources of lead and the multiple
pathways of exposure which are possible, has developed this
strategy document to limit lead exposure.
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OVERVIEW OF STRATEGY
This section provides a summary of the goal, objectives, ar.d
major action elements of EPA's lead strategy.
GOAL
The goal of this strategy is to r«duc« lead exposures to the
fullest extent practicable, with particular uphaai* on reducing
the risk to children. This strategy document describes the
extensive set of actions underway or planned within EPA or other
Federal agencies to reduce lead exposure. As appropriate within
the context of the various statutes which EPA implements,
benefits to society of reducing exposures to lead will be weighed
against the costs of achieving those reductions before taking
action.
OBJECTIVES
To achieve this broad goal, EPA has set two objectives as a
means of setting program priorities and gauging success. These
objectives will necessarily evolve over time as we better
understand the risk posed by lead exposure. These program goals
include:
1. Significantly reduce the incidence of blood lead levels
(PbB) above 10 M9/dl (subject to revision in light of the
forthcoming CDC report) in children, while taking into
account the associated coata and benefits.
This objective places EPA's priority on the highest
exposures and on the most sensitive population, the 15 percent of
U.S. children estimated to be at higher blood lead levels. This
target is consistent with the recommendation of EPA's Clean Air
Science Advisory Committee (CASAC) and the anticipated guidelines
of the Centers for Disease Control (CDC). Among these children
at risk, EPA will continue to work in close coordination with CDC
efforts to identify, through additional surveillance programs,
individual children with PbB above 25 /jg/dl. These children
should have their sources of lead exposure abated on a priority
basis. All of the various initiatives will take into account •
costs and benefits to the extent allowed by statute.
2. significantly reduce, through voluntary and regulatory
actions, unacceptable lead •xposur** that arc anticipated to
pose risks to children/ th« ganaral population/ or the
environment.
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imdAr this obiective, priority attention will be given to
voluntary anS regulatory actions, including pollution prevention
activities? to reduce risks. This includes reducing or
and costs.
flft.TQR ACTIOM ELEMENTS
To achieve the above objectives, EPA activities will proceed
along several basic lines of action:
the dissemination of materials, »• «•" training. Many other
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including performance criteria. The ease of following
.directions, and the ruggedness of the test procedure to
departures from instructions, is also being evaluated for ' i
commercially available test kits. '
Implement Lead Pollution Prevention Program: while the major
tasks in reducing risks from lead are to abate or control lead
that is already deposited in the environment, the lead pollution
prevention program will seek to reduce future exposures —
associated with the continued use of lead. This program will
include:
exploring market-based incentives to limit or eliminate
lead use and exposure;
using regulatory mechanisms (such as the Toxic
Substances Control Act (TSCA)) to reduce the use of
lead in current and future products where risks
outweigh the benefits; and
. - identifying and encouraging cleaner technologies for
mining, smelting and processing lead.
In addition, the Administrator has stated a goal of reducing
lead releases (along with releases of selected other chemicals)
by one-third by October 1992, using voluntary means; and reducing1
lead releases by 50% by 1995. The Administrator intends that
this goal be reached primarily through pollution prevention,
using toxics use reduction as the preferred approach. This goal
applies to reductions which go beyond any existing regulatory
requirements.
Minimize Human and Environmental Exposures through Traditional
Control Mechanisms: This activity includes controlling lead
contamination in water, air, and other media by setting
performance standards and other regulatory approaches. Because
lead presents risks through a wide range of media, the Agency has
clustered together the current and prospective rules and policies
addressing risks from lead from these various media. This will
allow the Agency and the public to review the regulatory programs j
of each of EPA's program offices as a cohesive whole, and will -
help prevent the human and environmental risks of lead pollution
from being simply transferred from one medium to another. - —
Encourage the Availability of Environmentally Sound Recycling:
This activity is unique in that it highlights the inherent
conflicts which are possible as individual offices strive to
minimize lead emissions to their particular media. In order to
reduce .risks to populations .and ecosystems from-J.ead, And to
provide safe disposition of spent lead products, the Agency seeks
to encourage environmentally sound recycling capacity.
Activities rec.ently completed or under consideration by a number
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reductions in human and environmental exposure.
Develop and Implement a Public Information and •""•"•» Program:
with lead issues in general.
coordinate »....r=h.Prc!r».: A wide range oferesear=heis£n.eaed
s
agenda is directly supp effort, which
n
set the research
^i 1*1*^*1 »**•* •—• —— - ~ -
agenda for coining years.
ronpntNATION
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highly interdependent. The EPA Office Director Lead Committee
(ODLC) is responsible for ensuring this coordination. The ODLC
will monitor and report on lead-related activities to the Deputy
Administrator on a continuing basis.
Specific Agency lead-related activities recently completed,
underway or planned are described.in the following sections.
This document summarizes EPA's.strategy for addressing lead
exposures as envisioned by the Agency at the time of its
publication. However, EPA's plans will be dynamic and evolving, £
and will be subject to change as new research and our ongoing s
programs indicate new priorities. Nevertheless, this strategy is i
meant to convey the Agency's deep concern about lead exposure, |
and its commitment to reducing associated risks to human health \
and the environment in the most efficient and cost-effective ways ,
possible.
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RESEARCH PROGRAM
Background
A focused research program is critical not only to develop
sound regulations, but also to inform other Federal agencies and.
I?a?e and local governments on matters relating to abatement.
EPA will, in conjunction with CDC, HUD, and the Department
redceoser. In th way, -EPA =.n ^
and an intonation resource to local abatement efforts.
Needs
While the toxicity of lead is well recognized, the
needed:
of methods for identifying *nd
sources (geographic "hot spots");
loading;
development and evaluation of cost-effective abatement
tools and methods;
ln
Actions
The Office Director's
e
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likely to effectively address major sources of elevated blood
lead levels.
The Lead Research Sub-Committee will report back to the ODj_c
at least annually, with a ranked list of research objectives.
Upon concurrence, the ODLC will include this list in their
periodic reports to the Deputy Administrator.
EPA's research program will also be coordinate' with the
research activities of other government entities, including CDC
and HUD, through periodic meetings. Development of the methods
for identifying and mapping geographic "hot spots", for example,
must involve CDC, HUD, public drinking water suppliers, and State
and local governments.
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ABATEMENT PROGRAM FOR "IN-PLACE" LEAD
LBP EXPOSURES
Background . •. •
LBP is the most serious source of children's exposure. The
ATSDR estimates that 12 million children are exposed to lead-
painted homes, and that almost six million are exposed to the
highest concentrations, in homes built before 1940.
In 1971, under the Lead-Based Paint Poisoning Prevention Act
(LBPPPA), HUD began restricting FHA mortgages for new dwellings
to those with paint that did not contain more than one percent
lead In 1973, amendments to the LBPPPA reduced this level to
0.5 percent, and designated HUD as the principal Federal agency
to eliminate the hazard of LBP in housing.
In 1987, Congress enacted the Housing and Community
Development Act, which among other things required HUD to prepare
plans for the abatement of lead-based paint hazards in housing.
A plan, comprehensive and Workable Plan for the Abatement of
Lead-Based Paint in Privately Owned Housing, was released in
December 1990. Another plan addressing lead-based paint
abatement in public housing is scheduled for completion by late
1991.
In 1988, Congress directed EPA and HUD to effect a
Memorandum of Understanding (MOU), under which EPA would provide
technical and program development support to HUD. EPA and HUD
signed the MOU in April of 1989, identifying the following areas
of technical and managerial assistance:
accreditation of abatement personnel,
establishment of training and information centers,
intergovernmental relations,
identification of gaps in existing technical standards,
new technical standard-setting, and
public outreach and education.
EPA's current work is in two major areas:
assistance in developing technical information
necessary to effectively administer abatement programs,
and .
program assistance to help HUD and public housing
personnel administer the program, and ensure that
.contractor/designer personnel do their.work well.
CDC has historically directed the targeted lead screening
program that identified lead-poisoned children, and has long
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advocated intervention to lower EBL in children resulting from
LBP. Recently, the Assistant Secretary for Health asked CDC to
design a program to eliminate the childhood lead problem,
including abating lead paint in deteriorated housing. EPA
provided assistance to CDC in performing a detailed cost/benefit
analysis o£ the program. CDC is expected to further lower the
PbB level of concern from 25 /ig/dl, significantly increasing the
number of children above the action level.
Other agencies also play a role in LBP abatement-related
programs, in 1978, the CPSC limited all residential paint to
0.06 percent lead. OSHA is actively pursuing a reassessment of
the worker protection issue. NIST is currently under contract to
HUD on a number of research issues related to measurement
techniques and procedures for lead in paint-films and dust.
LBP accounts for the largest single share of EBL. The LBP
problem is both large and complex; the magnitude of these
exposures adds to the difficulty and expense involved in finding
and implementing solutions. This is exacerbated because, while
EPA and other Federal agencies can plan and otherwise assist
activities, these agencies are not equipped to perform most
actual abatement work. This field work will likely be performed
by property owners under State and local government programs..
It is essential to achieving the first of this strategy's
objectives that exposure to LBP be significantly reduced. There
is a clear need to coordinate the various strategic plans that
EPA, HUD and CDC are developing for dealing with LBP. State and
local governments must also become involved. Given the magnitude
of the problem, these jurisdictions will work with property
owners who will conduct most of the actual abatement work.
Guidance is needed on acceptable lead levels in dust
resulting from LBP to enable programs to set goals to reduce
these exposures. The relative contribution to dust from LBP and
soil needs to be established; and improved measurement methods
for soil, paint and dust need to be developed to reduce abatement
costs. More cost-effective LBP abatement and management
approaches have to be developed.
Responsibilities fall into three broad categories: direct
abatement; technical support and research; and operational
support. Abatement involves planning and implementing abatement
projects; technical support and research involves providing
consultation and information; and operational support involves
managing the infrastructure needed to support abatement programs.
Examples of the third category include PbB screening, training
and lab accreditation programs.
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pi a^ped/Pegommended
in EPA both OTS and ORD will be involved in Provid"??.ties
closely to ongoing abatement efforts.
NIST oe ene
Sil^^^^
Congressional appropriation provided resources for these
initiatives.
issues.
LBP testing and abatement.
OTS is currently pursuing the following specific
initiatives:
of one or two Dining centers which
in
1991.
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Provide worker training grants to major groups after
the model course materials are completed. This will be
funded during late 1991.
Initiate a flagship lead center at a leading
university, to serve as a focal point for information
transfer and to stimulate quality training by other
organizations. This center will be established during
FY 1991.
Promote state lead training programs with seed grants
to at least two states. It is expected that this
program will be funded in late FY 1991.
Develop a risk communication strategy to inform the
public, industry, labor, environmentalists, etc. on
health risks associated with LBP exposure. This will
be prepared in 1991.
Study of low-cost repair and maintenance activities
(management in place). The pilot study will be
completed in spring 1991; the study will continue
through 1993.
Study of the long-term effectiveness of abatement
methodologies. A pilot study is expected to be
completed in FY 1991; field work is expected to begin
in FY 1991 and continue through FY 1993.
Preparation of a Report to Congress on the
applicability of RCRA to wastes generated from LBP
abatement. This will be submitted to OMB in 1991.
Continuation of support to HUD on the Guidelines for
LBP abatement in public and Native American housing.
This includes analysis of data collected by HUD in a
national study and demonstration project. This will
occur throughout 1991.
Development of a test protocol to evaluate the
effectiveness and durability of LBP encapsulants. This
will be completed in 1991.
Evaluation of LBP test kits for commercial and home use
(with NIST and ORD), throughout 1991.
Development of key components of a laboratory
accreditation program (with NIST and ORD), including
the development .of-protocols -and standard reference
materials for various analytical methods, throughout
1991.
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1992.
SOIL
Background
urban soil - soil .contaminated bjMD
of lead
«.«, ,,»-,j.r.
non-iSssssrssu s a ^iiaSSiiraSc...
household wastes (e.g , used oil) . «nd '?! •JJJllng sltes, and
(e'?;' Y^iSf coSribite «£?£? II mSch asSo percent of
ssi ; ? s -i - c^iS1
coribte
? s £ e
soil being tracked into residences.
Although EPA-s Office of o
(OERR) currently h.s.n^er of progr^enj.yd
soil, the focus is primarily upon "ix Study. Under
sources. An exception to this is °™ J Thr* y ^^ ^
Section lll(b)(6) of SARA, OERR, with advice conducting a $15
of Agriculture (USDA) and °««s; d cincinnati to
soil and dust
on children's PbB.
-, ~+*A
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Needs
Although believed to be one of the two most serious sources
of lead exposure, far less is known about urban soil than about
either paint or drinking water. Data are limited on the location
and severity of the problem, on the extent to which abatement is
required, and on the best procedures for achieving abatement.
More information is needed to better characterize the problem, to
determine pathways of exposure, and to determine effective
remediation methods, as well as to developing methods to identify
geographic "hot spots".
Planned/Recommended Actions
EPA's Office of Solid Haste and Emergency Response (OSWER)
is responsible for actions involving lead abatement at NPL sites.
Given the current lack of knowledge regarding urban soil,
priority will be given to develop information about, the problem
and on methods of remediation. EPA will seek to establish a
joint effort with HUD, CDC arid ATSDR to promote and assist a
national effort to identify the locations, extent,
bioavailability and severity of lead-contaminated soil.
EPA's Region 5 has initiated a multi-year (1991 to 1993),
$1.1 million project called the-Lead Education/Abatement Program,
or Project LEAP, to address exposures from contaminated soil and
paint. This project, which is the result of an OPPE/Region 5
Comparative Risk Project, includes education, intervention,
abatement of public and private areas, waste minimization, sourci
controls, and pilot clean-up.
In 1991, Region 5 will develop a database of exposure
(various media and pathways) to be used in a geographic
information system application. They will then map the data and
prioritize geographic areas on which to concentrate efforts
(education, pollution prevention, and abatement activities).
The Region will also initiate pollution prevention discussions
with air sources of Pb. They will coordinate the development of
education and training activities with OTS, and request
assistance from the States in the Region. Finally, they will
determine the compliance status of major sources of Pb, and
initiate enforcement action as appropriate.
Region 5 will refine and update the exposure database in
1992. They will also initiate pollution prevention discussions
with sources of Pb in targeted areas, with the goal of achieving
even greater multi-media reductions in Pb releases than included
in EPA's Industrial Toxics Program. They will begin
implementation of the education program (developing and
distributing brochures, stickers, coloring books, etc.), and will
begin intervention efforts (distribution of calcium supplements,
etc.) . Finally, they will perform an abatement pilot project in
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communicated.
SITES
Act (CERCLA) §104 (i) (2).
than 400 NPL sites have lead designated as a
t
mining and milling sites. }"?"*"*"•' involve large volumes and
not routinely measured at Superfund sites.
to 1000 ppm.
sites^
developed is a biokinetic uptake model for lead
in June 1990, OERR recommended a cleanup level of 15 ppbjor
in groundwater near Superfund sites if water
using a 10 ,g/dl P.B
criterion.
an
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REGULATORY AND POLLUTION.PREVENTION PROGRAM
EBL today is largely due to exposures to "in-place".lead
previously deposited. Therefore, the highest public health ;
priority is to abate exposures to this "in-place" lead — with
particular emphasis on LBP and lead-contaminated urban soil.
There are, however, some continuing sources of new lead —
particularly lead smelters and drinking water — that warrant
attention by EPA. These exposures, in contrast to those from
"in-place" lead, are amenable to regulatory control. While EPA
has limited regulatory authority to address "in-place" lead, it
has ample authority under several statutes to restrict current
and future consumption of lead which might add to new exposures.
This may include both traditional emission control restrictions
as well as pollution prevention measures that could, for example,
result in the use of new smelting technologies to reduce the
amount of lead waste generated. In addition, EPA may encourage
pollution prevention measures to reduce the amount of lead in
products.
This section summarises the roles of the various EPA Offices
in controlling new or ongoing lead pollution. All of these
activities are under consideration, but a final decision has yet
to be made regarding some of them. It is important to note that
the activities summarized here, while significant and importan*-
in reducing lead contamination for specific localized populati
as well as ecosystems, are not sufficient in themselves to
adequately achieve the goal of significantly reducing the blood
lead levels of children at highest risk. Achieving this
objective is dependent upon significantly reducing risks due to
LBP and urban soil.
OFFICE OF DRINKING WATER (ODW)
Background
Lead occurs in drinking water primarily due to corrosion of
lead-bearing materials in water supply distribution systems
(e.g., service lines, goosenecks, water meters) and in household
plumbing (e.g., lead-soldered copper pipes, brass faucets, and_.
brass fixtures). The highest levels are found in areas with
corrosive waters, especially in older urban areas with lead
service lines and mains, in homes with newly-installed lead
solder (though now illegal) and brass faucets, and in buildings
with drinking water coolers containing lead-lined tanks. Nearly
everyone is exposed, to lead .in drinking water at some ..level.
Concentrations vary widely from city to city, house to house, and
even at the same tap depending on standing time of the water and
temperature. There are very few data to make reliable nationwide
22
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projections of current exposure. In 1986, EPA estimated that
approximately 20 percent of the population was exposed to lead
levels over 20 ppb in first-flush water. These data are being
used to estimate baseline risks as part of the current reviews of
the drinking water regulation and.the lead National Ambient Air —
Quality Standard (NAAQS).
Assuming the highest PbB to water lead relationships
available in the literature, steady exposure to 20 ppb in
drinking water would contribute between 2.5-3.5 jig/dl to a
child's PbB. Most people are probably exposed to lower levels of
lead in drinking water, and only a snail fraction is exposed to
much higher levels. Therefore, drinking water actually
contributes a smaller amount for most of the population. On
average, this is estimated at between one and two ng/dl.
EPA currently estimates that among U.S. children not living
in deteriorating lead-painted housing, and not exposed to highly
contaminated soils, approximately 3.5 percent have PbB above 10
Mg/dl. Even if lead in drinking water could be completely
eliminated, the percentage of children with PbB above 10 »ig/dl
would be reduced to 1.4 percent, although this shift would be
relatively small — from about 11 to 9 fig/dl on average.
Final Drinking Water Regulations
In 1988, EPA proposed revisions to the National Primary
Drinking Water Regulation for lead under the SDWA. The major
provisions of the proposal were for water suppliers to monitor
lead levels in first-flush, standing water in high-risk homes,
and to install and improve corrosion control and conduct public
education if lead levels were above various targets. The current
standard is a Maximum Contaminant Level (MCL) of 50 ppb measured
at free-flowing taps located throughout the distribution system.
The Agency is considering reducing this 50 ppb MCL to a 15 ppb
first flush "Action Level" at the tap. The Agency is also
considering requiring corrosion control, public education, source
water monitoring and possible treatment, and lead service line
replacement if the 15 ppb "Action Level" is exceeded in more than
10% of samples from high-risk homes (90th percentile). Further,
EPA is considering whether to reguire all large systems (those
serving more than 50,000 people) to optimize corrosion control
for lead without jeopardizing overall water quality. ODW plans
to promulgate the rule in April 1991.
ODW estimates that the final rule will result in the average
PbB among children not exposed to paint or soil contamination
hazards dropping from 5.3 to approximately 4.7 Mg/dl- EPA
estimates that actions by water systems to comply with the
revised rule will reduce exposures for millions of Americans.
Approximately half a million children will have their blood lead
levels reduced to below 10 ng/dl. Although the average shift
23
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will be relatively small, some children vill have very
significant decreases in blood lead.
level of 15 ppb.
systems that •^••^^^"Xres from household plumbing can
customers of easy "ays that ££°S£rst £lush water after long
££ ,y vatL supplier.
suppliers.
planned Actions
Several ongoing |«~^^
s^tJr^ £ ^^^^ijs^^SiKSi
systems, and from plumbing in resident 1JJ J The use of pipes
facilities connected to a P^c.Y;J?rp;£cent lead was also
or faucets containing »ore than eight PJ^JJ tlon comes from
banned. Given that much of ^h«1"Jc^r plunbing, effective
water standing in J*«««J» •"? ."ni^SS pElorlty! Although
^
24
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fixtures. ""• 1 «6 (a) to ton the. sale of lead .solder .to
^er".ndUp-i!SbIn™supPli house.-, to further ensure
compliance.
names of certified analytical laboratories.
of lead in drinking water.
resource Conse:
Land Ban
m resnonse to the 1984 Hazardous and Solid
In response to "• ,,-r>,<^ third" rule i
sr
rather than meet the new requirements
25
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Toxicitv Characteristic Leaching Procedure fTCLP)
OSW published a final rule in March 1990, under Subtitle c
of RCRA, replacing the Extraction Procedure (EP) leach test with
the TCLP. ..Under the EP, if a wastt.was a solid, homogeneous
material, a sample of the waste could be tested using the
structural integrity procedure (SIP), and did not have to be
ground to pass through a 9.5 mm sieve the way all other wastes
did. The TCLP no longer allows the use of the SIP for any
wastes, although alternatives to the grinding requirement are
being evaluated.
In addition, the final rule has a regulatory limit of 5 ppm
for lead in the TCLP leachate, based on the current drinking
water standard of 50 ppb. OSW will evaluate whether to change
the regulatory limit once the revised drinking water standard,
currently under development, is promulgated.
Both of these actions could cause additional secondary
smelter slag to be considered hazardous waste, although other
modifications to the standard setting procedure under
consideration could offset the effect of the revised drinking
water standard.
If additional slag is therefore characterized as hazardous
waste, more secondary smelters will be required to comply with
Subtitle C requirements. If, for example, a smelter is disposing
of hazardous slag at its own on-site landfill, the smelter will
have to comply with Subtitle C hazardous waste management
requirements, including corrective action for all solid waste
management units.at'the facility. These costs may cause some
secondary smelters to choose to close.
Regulatory Determination on Mineral Processing Wastes
Lead slag from primary lead smelting is one of twenty
mineral processing wastes currently excluded from regulation
under RCRA Subtitle C. OSW is currently evaluating whether any
of these twenty wastes should be regulated under Subtitle C,
which would include permitting, manifesting, and on-site and off-
site waste management activities. Subtitle C regulation may be
warranted for lead slag because of its toxicity, documentation of
damages, and widespread distribution of waste off-site. However,
Subtitle C regulation could also contribute to economic
disruption of the primary smelting industry; this is discussed
further under the "Battery Cluster" section of this document.
OSW plans to make its Regulatory Determination by June 1991.
Source Separation
OSW is considering issuing an Advance Notice of Proposed
Rulemaking (ANPR) to solicit comments on a number of options to
26
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encourage recycling, osw is also studying current State battery
recycling programs, and will develop and distribute information
on the proper implementation of cost-effective, environmentally
sound lead-acid battery recycling.
OFFICE OF TOXIC SUBSTANCES (OTS)
Toxic Substances Control Act (TSCAi
TSCA Lead Pollution Prevention Plan
The use of lead in products presents two types of exposures:
exposures that occur from specific lead products during
or immediately following production or use; and
potential exposures that might occur from any lead-
bearing product at some time in the future after
disposal.
OTS has two regulatory objectives with respect to each type
of exposure if they present unreasonable risks. In the first
instance, OTS intends to (1) prevent new uses of lead, and (2)
limit or, if appropriate ban, current uses of lead, if they
present an unreasonable risk of injury to human health or the
environment due to exposures generated during production or use.
For the second type of exposure, OTS plans to (1) encourage
environmentally sound recycling of essential products which
contain lead as essential component (e.g., lead acid storage
batteries), and (2) explore the desirability and feasibility of
discouraging overall consumption of lead in general.
Traditional pollution control rules, as well as pollution
prevention efforts to reduce the amount of lead generated
(including economic incentive or market-based approaches) may be
suitable ways of addressing these exposures. OTS will examine
both benefits and costs of possible actions, including an
analysis of materials which would be substituted for lead in
specific products. OPPE is working closely with OTS to evaluate
these alternative approaches.
Prevention of new uses of lead nosing unreasonable risks
While new lead uses continue to be developed, they are not
subject to EPA scrutiny prior to commercial production. OTS is
considering rulemaking to require advance notice from anyone
intending to manufacture or process lead for a new use, in order
to ensure that these uses do not pose unreasonable risks. Tnls
would afford EPA an opportunity to review the intended new use
and, where risks are unreasonable, to either limit or ban it.
27
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Phase-out of current uses of lead posing unreasonable risks
Several uses of lead that generate risk during use may be
candidates for bans or restrictions under several Federal
statutory authorities. OTS will perform a regulatory
investigation on these uses, considering the benefits of each
product relative to the risks, in order to determine if the risk
is "unreasonable" and should be regulated under TSCA. Uses
currently under consideration for a ban or restriction under TSCA
include:
brass and bronze plumbing fittings and fixtures
(scheduled proposal January 1992),
lead solder used to join water pipes (scheduled
proposal January 1992), and
lead in non-residential paint.
This list may be expanded in the future.
Battery recycling
In 1989, 1,012,155 metric tons of lead, approximately 80
percent of total domestic consumption, went into batteries.
Because of the amount of lead involved, EPA is considering a rule
to increase and maintain the rate of battery recycling, in order
to reduce risks due to lead discarded in the environment and to
primary lead mined.
Somewhere between 80 to 95 percent of spent batteries are
currently recycled; however, lead acid batteries still comprised
65% of all lead in municipal solid waste in 1988. In addition,
if the price of lead again falls, the market may not support even
the current recycling rate. OTS is considering a rule to
encourage battery recycling in an environmentally sound manner,
and to sustain high recycling rates through world market price
fluctuations. This rule is scheduled to be proposed in October
1991. EPA is involved in a regulatory negotiation, scheduled to
run through April 1991, to determine the best methods to
encourage maximum recycling.
The regulatory negotiation is considering a variety of
approaches, including requiring battery manufacturers to include
some specified fraction of recycled lead in the total amount of
lead they need to produce new batteries; require the battery
distribution chain to accept any spent batteries returned for
recycling; a combination of both approaches, or another
mechanism. This rule is particularly amenable to a market-based
approach using economic incentives, and this option is being
jointly explored by OPPE and OTS.
28
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Additional potential restrictions of lead
OTS plans to publish an ANPR in 1991 under TSCA which will
begin the process of examining the feasibility and desirability
of additional restrictions on lead—If OTS determines that the
risks of lead use are unreasonable, this will be followed by a
Notice of Proposed Rulemaking (NPR) with proposed regulatory
remedies. A variety of TSCA §6(a) rules are possible, including
rules that would restrict general consumption of lead or provide
economic incentives for reducing lead use, based on a balancing
of the benefits to society of such reductions against their
associated costs.
Final risk management decisions regarding the entire TSCA
lead regulatory program will be made after consideration of
comments received on the ANPR, status of other rules, and
evaluation of an economic incentives analysis.
OFFICE OF AIR QUALITY PLANNING AND STANDARDS fOAOPSl
Background
The current lead NAAQS was set in 1978 at 1.5
quarterly average. EPA's 'primary mechanism for attaining the
NAAQS has been the reduction of lead in gasoline. In addition,
lead emissions from industrial sources have been substantially
reduced by State Implementation Plans (SIP's) designed to attain
the particulate matter and lead NAAQS. Further reductions have
also resulted from the New Source Performance Standard (NSPS) for
smelters. In combination, these control programs have resulted
in major reductions in air lead and in children's PbB. Available
data indicate that the lead NAAQS is being attained in all areas
except those near lead smelters, refineries and remelters. In
these areas, exposures are due both to current emissions and to
resuspension of soil contaminated by past emissions. OAQPS has
developed a compliance strategy to bring these areas into
attainment.
Strategy for achieving attainment of the current lead NAAQS
Twenty-nine sources (four primary smelters, 23 secondary
smelters, one lead refinery and one lead remelter) have been
identified under OAR's attainment strategy. Monitoring data from
the sources with monitors indicate that 10 of the 11 do not
attain the current NAAQS. Fifteen other smelters had modelled
violations.
Non-attainment is due ..either -to non-compliance with SIP
emission limits, or to insufficient SIP emission limits which
would not result in attainment of the NAAQS even with full
compliance. Bringing an area into attainment with the NAAQS
29
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typically involves three steps: (a) monitoring air quality, (b)
developing control plans (SIP requirements), and (c) enforcing
those regulations. However, in developing SIP requirements, a
series of estimates must be made to determine the emission
reduction needed to attain the NAAQS. Because of uncertainties
in such estimates, some areas might not attain the_NAAQS even
when all sources in the areas are in compliance with their SIP
requirements. When this occurs, EPA can initiate a SIP revision.
Because the 42 facilities in the OAQPS Extended Exposure
Analysis affect only their immediate vicinity, the number of
children at risk is small compared to the number of children at
risk from LBP, contaminated urban soil or drinking water.
However, non-attainment of the NAAQS adds significantly to the
PbB level of these children. OAQPS estimates that the number of
children near these facilities with PbB greater than 10 Mg/dl
would be reduced about 50 percent, from approximately 800 to 400,
if the current NAAQS was attained in all areas of the country.
OAQPS's lead NAAQS attainment strategy, approved by the
Deputy Administrator, contains four activities:
1. Expand monitoring to all 29 large lead sources.
. An expanded ambient monitoring initiative is underway to
provide the necessary ambient monitoring database near
stationary lead sources. Ambient monitoring networks will
be initiated near each of the sources, and initial ambient
air data analyses should be complete by June 30 > 1991.
2. Conduct Federal inspections of all 29 sources.
As scheduled, the Regions completed inspections of each of
the 29 sources by December 31, 1990. Approximately six of
these sources were found to be in violation.
3. Implement "leveraged enforcement" by coordinating with other
program offices (multi-media approach).
OAQPS has asked the Regions to develop enforcement actions
by January 31, 1991; negotiate multi-media consent
agreements by October 30, 1991; and achieve emission
reductions expeditiously thereafter.
4 Designate, or require States to designate, non-attainment
areas with respect to the lead NAAQS, and to require SIP
. revisions for these areas.
EPA began the designation process, in October 1990; States
must respond by February 1991, and designations will be
final by June 1992. Revised SIP's will be due by the end of
1993, and attainment of the NAAQS is expected by mid-1997.
30
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NAAOS review
The Clean Air Act (CAA) requires that EPA review the NAAQS
every five years and make any appropriate revisions. The
scientific and technical assessment -portion of the lead NAAQS
review was completed in January 1990, when the Clean Air
Scientific Advisory Committee gave final closure on the lead
Staff Paper and the supplement to the Addendum to the Criteria
Document. CASAC concluded that: (a) EPA should set a NAAQS that
minimizes the number of children with PbB greater than 10 fig/dl,
(b) a NAAQS at the upper end of the range under consideration
(l o to 1.5 ng/m3) offers little if any margin of safety, and (c)
populations not quantitatively analyzed in EPA exposure modelling
should be considered for setting a margin of safety on the NAAQS.
CASAC also asked EPA to examine a NAAQS of 0.25 Mg/m3, if only to
provide perspective on the higher alternatives.
OAQPS has analyzed the effect of NAAQS revisions by
reviewing 42 lead point sources — the 29 sources identified for
the NAAQS attainment strategy, and 13 other sources that are not
currently being pursued under the attainment strategy, but which
may 'be in non-attainment if the NAAQS is lowered. OAQPS has
estimated the number of children living near these sources who
would have PbB greater than 10 fig/dl at each of the alternative
NAAQS levels, and at background air lead concentrations. .
Approximately 126,000 children live near these sources. The
results shown on the following table should not be interpreted as
the absolute number of children at risk of elevated PbB from
point source emissions because (1) they are based on a sample of
sources, and (2) they do not specifically reflect the exposure
characteristics of children living in homes with deteriorating
LBP or children with an unusually strong tendency to ingest non-
food items. In addition, the results do not -represent the risks
faced by other sensitive groups such as pregnant women (for
fetuses) and adult men. However, the results are useful for
comparing the relative protection afforded by alternative
standard levels.
Estimated Number of Children Exceeding 10 /ig/dl
nndar Alternative NAAOS Situations
alternatives No. children with PbB
than 10 tiq/dl*
1.5 Mg/m? quarterly, today JOO
1.5 Mg/m3 quarterly, enforced «°°
0.75 »q/-n? monthly •""
0.25 yg/m3 monthly ""
Background (0.10 jig/m*) «« i-v«n
(Assuming water level = 8 ng/1, constant soil level)
(* - rounded to the nearest 50)
31
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As the table shows, enforcing the current NAAQS would provide a
greater incremental public health benefit than any of the
contemplated NAAQS revisions. Most of the public health
improvements would be near primary and secondary smelters.
While cost and technological feasibility are not to be
considered in setting NAAQS, impacts on both primary and
secondary smelters have implications for the broader integrated
lead strategy. If none of the operating primary smelters could
attain the NAAQS level selected during the Agency's review with
readily available control technologies, the domestic primary
smelting industry may simply shut down. This could result in
increased importation of primary lead from countries with less
stringent standards. Should such smelters close, they could be
potential Superfund sites due to past contamination. In
addition, impacts on secondary smelter capacity have implications
for EPA's efforts to promote environmentally sound battery
recycling, and are discussed in the following section on that
topic.
Secondary Smelter NSPS '
* «!
As part of the lead Pollution Prevention Program, OAQPS is
initiating work on a revised NSPS for secondary smelters to
ensure that new or reconstructed secondary smelters continue to
apply best demonstrated control technology. New sources also
must demonstrate compliance with the lead NAAQS. The analysis
for this revision will consider the feasibility of performance
standards based on alternative smelting technologies that would
reduce lead discharges to other media as well as air.
OFFICE OF PESTICIDE PROGRAMS fOPP^
The last known use of lead as a pesticide active ingredient
(lead arsenate for use on grapefruit) was voluntarily cancelled
in 1989, generally due to concerns about the arsenate. EPA is
currently revoking the associated tolerance levels.
OPP found lead as an inert ingredient in 13 pesticide
products. As a result of this discovery, OPP issued data call-in_
notices to all of the registrants of these products. Out of the
13 products, 11 have been cancelled, one has been reformulated
without lead, and one is pending cancellation, since the
registrant has not responded to OPP's request.
OPP believes these actions have removed lead from pesticide
products. There is, however, one possible area, for additional
action, and that involves active ingredients registered before
1984. OPP is undertaking a review of pesticides registered prior
to 1984, in order to discover if any contain lead as an active
32
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ingredient. If OPP finds lead as an active ingredient, it will
initiate appropriate regulatory action.
DfFICE OF WATER REPUTATIONS AND STANDARDS fQWRS)
ri^p Water Act
EPA estimates that sewage sludge contributes less than 0.05
percent to total high hazard lead exposures, and virtually all of
this occurs with incineration of sludge.
Section §405(d) of the Clean Water Act (CWA) requires EPA to
propose and promulgate regulations establishing numeric limits
?nd management practices regarding sludge that are adequate to
protec? public health and the environment from any reasonably
anticipated adverse effects of each pollutant. Currently, EPA
?AO CFR Part 257) regulates the land disposal of sewage sludge
from publicly and privately owned treatment works. EPA has:also
proposed a rule under the Resource Conservation and Recovery Act
P(lc^) and the CWA which would establish standards for the co-
disposal of sewage sludge in municipal solid waste landfills.
Because Part 257 covers only a limited number of pollutants
use and disposal practices (land application and
r
,ir,Hor 40 CFR Parts 501 (issued in nay i»o»; «mu ->«-' \~
control of the POTW.
Of FNFQRCEM^NT fOE)
33
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OE is assisting in coordinating inspections and analysis of
data collected from major sources of lead emissions. One focus
will be the use of the CAA to reduce air emissions of lead from
primary and secondary lead smelters, with an emphasis on
compliance with SIP lead emission.limits. This is discussed
further in the section on OAQPS activities. OE will also focus
on violations of lead limits in NPDES permits for industrial and
municipal vastewater discharges and pretreatment requirements for
industrial users of municipal vastewater treatment systems. Some
RCRA actions likely will be brought against primary and secondary
lead smelters. Other offices are also exploring the possibility
of developing lead cases in other media. A national filing of
enforcement actions against sources of lead emissions is expected
in early July 1991.
The publicity surrounding this effort will highlight the
significance of this cluster filing and also to underscore the
Agency's commitment to improving regulatory compliance and
dealing with lead problems. .
34
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APPENDIX I
GLOSSARY OF ACRONYMS
ANPR Advance Notice of Proposed Rulemaking
ATSDR Agency for Toxic substance and Disease Registry
CAA Clean Air Act ._,.
CASAC Clean Air Science Advisory Committee
CDC centers for Disease Control
CERCLA Comprehensive Environmental Response, Compensation, ana
Liability.Act
CPSC consumer Product Safety Commission
CWA Clean Water Act
EBL Elevated Blood Lead
HUD Department of Housing and Urban Development
LBP Lead-Based Paint
LBPPPA Lead-Based Paint Poisoning Prevention Act
LCCA Lead Contamination Control Act
LEAP Lead Education/Abatement Program
MCL Maximum Contaminant Level
NAAQS National Ambient Air Quality Standard
NIST National Institute of Standards and Technology
NPL National Priority List
NPRM Notice of Proposed Rulemaking
NSPS New Source Performance Standard
OAQPS Office of Air Quality Planning and Standards
ODLC Office Directors Lead Committee
ODW Office of Drinking Water
OE Office of Enforcement
OERR Office of Emergency and Remedial Response
OPP Office of Pesticide Programs
OPPE Office of Policy, Planning and Evaluation
ORD Office of Research and Development
osw Office of Solid Waste
OSWER Office of Solid Waste and Emergency Response
OTS Office of Toxic Substances
OWRS Office of Water Regulations and Standards
PbB Blood Lead
RCRA Resource Conservation and Recovery Act
SARA Superfund Amendments and Reauthorization Act
SDWA Safe Drinking Water Act
SIP State implementation Plan (OAQPS issues)
or
Structural Integrity Procedure (OSW issues)
SNUR Significant New Use Rule
TCLP Toxic Characteristic Leaching Procedure
TSCA Toxic substances Control Act
USDA U.S. Department of Agriculture
jig/dl Micrograms per Deciliter
35
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APPENDIX II
CASE STUDY IN COORDINATION: THE BATTERY CLUSTER
Maintenance of environmentally-sound lead recycling capacity
— to prevent batteries from being discarded in the environment,
to reduce the need to mine and smelt new lead, and to reduce lead
concentrations near smelters to an acceptable level ~ is an
important part of this lead strategy. A number of regulations
have been identified in this document which could affect the
recycling of lead acid batteries.
The secondary smelting industry is essential to the
continued availability of domestic battery recycling. The
increased costs of pollution control associated with safe
recycling could result in a significant part of this industry
choosing to close rather than to install necessary equipment.
Losses of this domestic recycling capacity could result in a net
increase in risks to human health and the environment due to
lead,-because of the increased need to introduce primary lead
into the domestic market, and other consequences based on the
international market.
To avoid this outcome, the group of regulations affecting
battery recycling (and smelter operation) were clustered so that
they could be considered in a cohesive EPA plan to address lead
exposures and encourage environmentally sound battery recycling.
Background
In 1989, approximately 80 percent of total domestic
consumption of lead went into batteries. Although 80 to 95
percent of spent batteries are currently recycled, batteries
still comprised 65 percent of all lead in municipal solid waste
in 1988. EPA wants to encourage increases in the recycling rate.
Further, the price of lead has fluctuated over time. If the
price falls again, the market may not support even the current
recycling rate. . .
Several regulations, policy determinations, and programs
have been grouped together as the "Battery Cluster":
* Municipal Solid Waste Landfill Materials Separation
ANPR (under consideration), possibly addressing
batteries (OSW);
* Lead Acid Battery Recycling Proposed Rule, considering
alternative battery recycling strategies (OTS);
* Proposed Revision of National Ambient Air Quality
Standard (NAAQS) for lead, possibly requiring smelters
36
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to meet more stringent air emission requirements
(OAQPS);
* Proposed Revision to NSPS for Secondary .Smelters
(OAQPS);
* Regulatory Determination on Mineral Processing Wastes
for Lead Slag, possibly requiring primary smelters to
meet RCRA Subtitle C requirements (OSW);
* Land Disposal Restrictions ("Land Ban"): the "third-
third" rule, including lead disposal and storage
requirements for smelters (OSW - promulgated June 2,
1990) ;
* Revisions to Toxicity Characteristics for Hazardous
wastes (TCLP) (OSW - promulgated March 29, 1990}; and
* Lead NAAQS Attainment Strategy/Smelter Compliance Plan,
forcing smelters to meet lead air emission requirements
of the current NAAQS (OAQPS - ongoing).
An ad hoc Task Force, chaired by OTS, assessed and made
recommendations regarding the appropriate sequence and collective
impact of the several impending decisions that could adversely
affect secondary smelting capacity. The task force consists of a
subset of offices which have been directly involved in
development of this strategy. The workgroup developed a
regulatory plan, described below, outlining their
recommendations.
Effects of Regulations
Many of these programs could affect the economic viability
of smelters. The Land Ban, the TCLP, and downward revision of
the lead NAAQS are all factors which could reduce the
profitability of secondary smelters, causing owners to close the
facilities or cut back production. Even enforcing the existing
NAAQS could affect existing recycling capacity. Secondary
smelters, however, are also recyclers of batteries and other lead
scrap — a very important component of the lead strategy. In
addition, due to the international nature of the smelting
industry, there are a number of other potential consequences that
must be considered, including a reduction in domestic lead
production and increased foreign production.
The Agency is considering all of the various linkages among
potential actions affecting battery recycling. The regulatory
investigations now.planned or underway may or may not result in
rules, but EPA wants to be sure that it considers in advance the
consequences of each possible rule on the others, and on the lead
industry as a whole.
37
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From the list of actions outlined above, several could have
particularly important effects on the industry. For example,
OAQPS analyses indicate that a revised NAAQS, if adopted, would
have an impact on domestic secondary smelting, or recycling,
capacity. A TSCA rule addressing battery recycling could provide
an incentive to continue smelter operation. If the Agency were
to pursue restrictions on battery disposal, that also may
encourage recycling. Another important action under review is a
Regulatory Determination that may require primary smelters to
comply with RCRA Subtitle C for lead slag. If EPA decides
Subtitle C is applicable, it could have significant effects on
the economic viability of the domestic primary smelting industry.
If less primary lead were available, recycling would become more
economically viable.
Other policies and actions outside the Agency, such as some
State requirements for battery recycling, could either promote or
counteract the effects of actions EPA is investigating.
This cluster of recent and impending regulatory decisions —
if carefully considered and coupled with a pollution prevention
policy — could conceivably encourage the smelting industry to
adopt new technologies that ..would provide more efficient and
cost-effective means of complying with the set of regulations.
Description of Cluster Product
Agency offices are working on a consolidated plan which is
designed to meet virtually all of the program-specific goals of
each regulation to address lead releases into a particular medium
and at the same time address the unacceptable risks from lead
across Agency programs.
The rules and programs included in the Battery Cluster are
listed above and are being coordinated among program offices.
Coordinating the goals, programs, and schedules of the
participating offices will (1) improve the potential
effectiveness of individual programs by reinforcing their goals
through language in rules developed by other offices, and (2)
help achieve the Agency's goals in encouraging the continued
availability of environmentally sound recycling capacity for lead
acid batteries. Specifically, the following coordination will
occur between program offices, and is an example of the type of
coordination necessary when dealing with a ubiquitous pollutant.
Obviously, plans and schedules for specific rules may change as
the Agency analyzes regulatory alternatives and applicable costs
and benefits.
There are several linkages that EPA has identified. For
example, the third potential regulation on the list is the lead
NAAQS revision. If EPA lowers the NAAQS for lead, the new
standards will not be in place until well after decisions are
38
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made on the other actions in the cluster. However, the
date of any NAAQS revision would signal the ««lting
and ensure safe recycling
offices will continue coordination as ••=*» °* th*
cSnslidated Agenc action to reduce risks
lead.
- -
39
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