What You Need to Know
Key takeaway #1
On January 17, 2024, the U.S. Environmental Protection Agency (EPA) released new guidance that lowered its recommended regional screening level (RSL) and removal management level (RML) and strengthened guidance for investigating and cleaning up lead-contaminated soil in residential areas at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites and Resource Conservation and Recovery Act (RCRA) corrective action facilities.1 Going forward, the agency expects that this guidance will encourage evaluation and cleanup at a significant number of residential properties across the country.
Summary of the New Guidance
For the RSL, EPA regions should now use an RSL of 200 parts per million (ppm). (Before this new guidance, the RSL was 400 ppm.) However, EPA regions should use an RSL of 100 ppm if an additional source of lead is identified (e.g., lead water service lines, lead-based paint, or non-attainment areas where the air lead concentrations exceed National Ambient Air Quality Standards [NAAQS]). The recommended RSL of 100 ppm considers aggregate lead exposure and increased risk to children living in communities with multiple sources of lead contamination.
In making site-specific decisions on when to use an RSL of 100 ppm, EPA regions may use national data sets identified by EPA's Office of Land and Emergency Management (OLEM). EPA regions may also use site-specific sources of information (e.g., data from the local health department or local public water system), alone or in combination with national data sets, to select an appropriate RSL of either 100 ppm or 200 ppm. EPA regions should document the site-specific rationale for the selected RSL. Further, EPA regions should make sure to document the site-specific rationale for the selected RSL.
In addition, federal-led RCRA corrective action residential soil-lead cleanups should use an RSL of 200 ppm or 100 ppm based on the factors discussed above. EPA strongly encourages States that are authorized for RCRA Corrective Action to use these RSLs in their state-led residential soil-lead cleanups.
For the RML, EPA regions should use a residential soil lead RML of 200 ppm.
The New Guidance is Expected to Encourage Additional Cleanup at Sites
EPA's lowering of the RSL in this guidance follows historical trends. In 1989, the EPA set original screening level range for lead-contaminated soil was 500 to 1,000 ppm. In 1994, the EPA reduced it to 400 ppm.1
While screening levels are not synonymous with clean-up standards, this reduction assists EPA's site teams in determining clean-up decisions to protect nearby communities. This reduction will also enable the EPA to investigate more residential properties for potential clean-up under both CERCLA and RCRA, which the EPA recognizes may be a significant number.2 Because of this, the EPA has prioritized residential lead sites for evaluation and potential clean-up, and OLEM has continued to recommend risk reduction strategies that include engineering controls and non-engineering responses.3
The new screening levels also represent a milestone in the EPA's Strategy to Reduce Lead Exposures and Disparities in U.S. Communities4 (Lead Strategy). Under the Lead Strategy, the EPA articulated its desires to: (1) reduce community exposures to lead sources; (2) identify communities with high lead exposures and improve their health outcomes; (3) communicate more effectively with stakeholders; and (4) support and conduct critical research to inform efforts to reduce lead exposures and related health risks.
The Lead Strategy, in conjunction with the Biden-Harris Administration's the Executive Order on Advancing Equity and Support for Underserved Communities Through the Federal Government, serves growing efforts to bolster environmental justice efforts under the current Administration. 5 EPA Administrator Michael Regan stated that the EPA's latest action, "ensures that EPA uses the latest, best available science to protect children living and playing near sites contaminated by lead in soil."6
Although the EPA's guidance goes into effect immediately, the EPA stated it welcomes public feedback for 60 days, from January 17, 2024 to March 17, 2024.
Footnotes
1. EPA Lowers Lead Screening Levels in Soil - Effective Immediately | SCS Engineers
2. Updated Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities | US EPA; EPA Toughens CERCLA, RCRA Soil-Lead Screening Levels In New Guide | InsideEPA.com
3. EPA Toughens CERCLA, RCRA Soil-Lead Screening Levels In New Guide | InsideEPA.com
4. Final Strategy to Reduce Lead Exposures and Disparities in U.S. Communities | US EPA
6. See supra note 1.
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