Questions have arisen about the relationship between the proposed TSCA §403 rule and the Office of Solid Waste and Emergency Response's (OSWER's) Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Facilities.

Proposed TSCA §403 Rule

TSCA §403 requires the Agency to identify lead-containing residential dusts and soils, some of which present public health concerns but may be lower than the levels identified by the hazard standards. These dusts and soils are referred in the statue as lead-contaminated dust and lead-contaminated soil. In the preamble to the proposal and in accompanying draft guidance, EPA identified 400 parts per million (ppm) of lead in soil as a level of public health concern. When environmental levels exceed the contamination level, EPA's baseline expectation is that children may be at risk of having elevated blood lead levels.

EPA has proposed a 2,000 ppm hazard standard for lead soil at which children's exposures will be associated with a greater certainty of harm. The hazard standard was intended as a "worst first" level that will aid if setting priorities to address the greater lead risks promptly. The proposed §403 regulations are to be used by Federal, State, and Tribal lead paint programs, as well as by the industry performing inspections and risk assessments.

EPA has received some comments that indicate a lower standard may be more appropriate standard for protecting children.

OSWER's Soil Lead Directive

The OSWER soil lead directive that provides guidance for the cleanup of lead-contaminated sites under the CERCLA and RCRA laws is unaffected by this proposal. The TSCA §403 proposed 2,000ppm hazard level should not be treated as an Applicable or Relevant and Appropriate Requirement (ARAR), "to be considered" or TBC, or media cleanup standard (MCS). The 2,000ppm proposed hazard standard under TSCA §403 should not be used to modify approaches to addressing Brownfields, RCRA sites, National Priorities List (NPL) sites, State Superfund sites, Federal CERCLA removal actions, and CERCLA non-NPL facilities.

In the absence of site-specific information, EPA believes that soil lead levels above 400ppm may pose a health risk to children through elevated blood lead levels. Although lead contamination at levels below 2,000ppm may not meet the TSCA §403 proposed hazard level, it may pose serious health risks and may warrant timely response actions including abatement. The proposed 2,000ppm hazard level for lead in soils is not a final level and may change in response to public comments.

EPA should produce uniform standards for lead in soil as PA as done under the Land Recycling program.