EPA Announces Revised Ambient Lead Standard

On October 16, 2008, EPA announced a final rule making the ambient lead standard 10 times more stringent. The new primary and secondary standards are 0.15µ/m³. The old standard was 1.5µ/m³.

In making its announcement, EPA said “With these stronger standards a new generation of Americans are being protected from harmful lead emissions.” This is the first change in ambient lead standards in more than 30 years. EPA noted that the new standards were the subject of a “thorough review of the science on lead, advice from the Clean Air Scientific Advisory Committee, and consideration of public comments.”

Significantly, EPA has concluded that the existing network of ambient lead monitors is “not sufficient to determine whether many areas of the country would meet the revised standards” and said that it is “redesigning the nation’s lead monitoring network, which is necessary for the agency to assess compliance with the new standard.” If additional monitors are deployed, more nonattainment areas may be identified.

Under the Clean Air Act, EPA must now designate nonattainment areas under the new standards no later than October of 2011. States will then have five years to meet the new standards after designations take effect.

This article was authored by Skipp Kropp, Jackson Kelly PLLC. For more information on the author see here.