Letter to The Honorable Michael S. Regan, Administrator, Environmental Protection Agency (August 3, 2023)

Summary

A letter dated August 3, 2023 from the House Committee on Small Business to Michael S. Regan, Administrator of the Environmental Protection Agency, about the agency's proposed rule change to dust-lead hazard and clearance standards. The letter states that the proposed rule would reduce the threshold for dust-lead clearance levels by between 66 and 93 percent, depending on the location, and that it appears the EPA may not have properly considered small entities. The letter requests information by August 17, 2023 in numbered questions, including the average cost of lead removal for a small business and the effect on rent charged by landlords. The signature block names Roger Williams, Jake Ellzey and Aaron Bean.

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                                               August 3, 2023

The Honorable Michael S. Regan
Administrator
Environmental Protection Agency
1700 G Street N.W.
Washington, D.C. 20552

Dear Administrator Regan:

        The House Committee on Small Business writes to inquire about the Environmental
Protection Agency’s (EPA) recent proposed rule change to dust-lead hazard and clearance
standards. This proposed rule would set the dust-lead hazard standard to any level above zero
μg/ft2 and reduce the threshold for dust-lead clearance levels by between 66 and 93 percent,
depending on the location. 1 This rule would force thousands of small businesses to engage in an
expensive EPA approved cleaning process.2 It appears that the EPA may not have properly
considered small entities during this rulemaking process.

       It is important for agencies to correctly evaluate small businesses interests, which make
up 99.9 percent of all businesses in the United States, when passing any new rule. America’s
small businesses deserve to have their voices heard and considered. We therefore request the
following information as soon as possible but no later than August 17, 2023:

    1. What is the average cost of lead removal for a small business?

    2. What additional criteria must lead removal specialists satisfy to comply with this rule?

    3. How will the EPA or inspectors go about determining the source of lead exposure when a
       minor is found with elevated Blood Lead Levels?

    4. This rule indicates that a substantial portion of the regulatory costs would be incurred by
       landlords, to that end:

             a. Has the EPA performed an analysis on how this rule may impact the rent charged
                by landlords on small businesses?


1
  Pre-Publication Notice, U.S. Envtl. Protection Agency, Reconsideration of the Dust-Lead Hazard Standards and
Dust Lead Post-Abatement Clearance Levels (Jul. 12, 2023) (to be codified at 40 CFR 745).
2
  Id. at 13.
The Honorable Michael S. Regan
August 3, 2023
Page 2 of 2

             b. Has the EPA performed an analysis on whether the potential rent increases
                associated with the cleanup process would have a notable impact on demand for
                smaller landlords?

      5. What alternatives have been considered to lessen the impacts on small businesses?

      6. When does the EPA intend to make this rule available either through the Federal Register
         or Regulations.gov?

             a. The EPA is allowing 60 days for public comment on this proposal; has the EPA
                begun this comment period?

       To schedule the delivery of your response or ask any related follow-up questions, please
contact Committee on Small Business Majority Staff at (202) 225-5821. The Committee on
Small Business has broad authority to investigate “problems of all types of small business” under
House Rule X. Thank you in advance for your cooperation with this inquiry.”

                                         In God We Trust,




_________________________                            _________________________
Roger Williams                                       Jake Ellzey
Chairman                                             Member of Congress
Committee on Small Business                          Committee on Small Business



_________________________
Aaron Bean
Member of Congress
Committee on Small Business




cc:      The Honorable Nydia M. Velasquez, Ranking Member
         Committee on Small Business


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