5 Colo. Code Regs. § 1001-23-C-III
Background
This Statement of Basis, Specific Statutory Authority and Purpose comply with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.
Basis
In 1996 the U.S. Environmental Protection Agency ("US EPA") promulgated a regulation that establishes the requirements that state programs must meet for authorization by the Administrator to administer requirements established under the Toxic Substance Control Act section 406 and establishes the procedures EPA will follow in approving state programs. (40 CFR 745, Subpart Q.) In 1998 the US EPA promulgated a regulation that requires contractors to provide owners and occupants a lead hazard information pamphlet before renovating target housing. ( 40 C.F.R. Part 745 , Subpart E.) In 2006 the Colorado Legislature passed an act granting the Air Quality Control Commission ("Commission") authority to promulgate a regulatory program for lead hazard education before renovation of target housing. (HB 06-1265, Concerning Additional Requirements Pertaining to Lead-Based Paint Abatement.)
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in Section 25-7-1103(1)(f), C.R.S., which gives the Commission specific authority to promulgate regulations necessary to establish and implement requirements for each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.
Purpose
The purpose of the proposed revised regulation is to continue to protect children from lead exposure by simply requiring contractors to distribute a lead hazard information pamphlet to owners and occupants of target housing before renovation takes place. This requirement already exists in Colorado under US EPA's Lead; Requirements for Hazard Education Before Renovation of Target Housing, final rule. Creating and implementing a state lead hazard education program allows Colorado to make improvements to the required pamphlet by including up-to-date and state-specific information and allows the State to take over lead hazard education outreach, compliance, and related enforcement activities from the US EPA, and therefore serves to make Regulation Number 19 consistent with the federal program.
Action Taken
In addition to the changes necessary to make the State program consistent with Federal requirements, certain additional changes were made in order to make the US EPA regulation work on a state level. For example, the US EPA's table of contents, self-references and references to other state and tribal programs do not make sense in the context of Colorado Air Quality Control Commission regulations.
Findings Pursuant to § 25-7-110.8, C.R.S.
These revisions are based on reasonably available, validated and reviewed, and sound scientific methodologies, which demonstrate that exposure to lead is hazardous to children under the age of seven, and that lead-based paint was commonly used in residences prior to 1978.
The requirements of this revised regulation will allow individuals to reduce their exposure and their family's exposure to airborne lead-contaminated dust occurring during renovation projects, and therefore reduce the risks to human health.
Further, these revisions will include any typographical and grammatical errors throughout the regulation.
5 CCR 1001-23-C-III