After years of anticipation, lead is back on the U.S. regulatory agenda

In the United States, the most important regulatory developments recently have been the re-emergence of significant federal rulemaking activity at the U.S. Environmental Protection Agency (EPA) and the U.S. Occupational Safety and Health Administration (OSHA), and also in California. Due to both statutorily mandated reviews and agency notices, these rulemakings have been anticipated by BCI for many years – some for more than a decade – and agency action has finally commenced.

Over the past year, the US EPA finalized its update for the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standard (NSPS) rules for battery manufacturers and continues its work to update the National Ambient Air Quality Standards (NAAQS) for lead. Federal OSHA last year initiated its rulemaking process for the nationwide occupational lead rules, and this spring California formally proposed its updated OSH rules after nearly 14 years of development. The FedOSHA and CalOSHA lead standards set the limits for blood lead levels in workers and define medical removal and return to work protocols, among others.

These rules (NAAQS, FedOSHA) will be the U.S. lead industry’s priority environmental, safety, and health (EHS) matters for engagement with the federal government on lead regulation for the next three to eight years. The Cal/OSHA rulemaking is anticipated to take approximately one year and will be the third priority matter for at least that period. The final lead rule in California will undoubtedly inform FedOSHA as it re-writes its lead standards.

Most recently, there is critical activity from the U.S. Department of Energy (DOE) that may dramatically affect certain segments of the lead battery industry. DOE in April published its proposed rule for efficiency standards for battery chargers that could potentially lead to the effective ban of most current consumer lead battery charging systems.

The Biden administration has also continued its work on the Federal “Strategy to Reduce Lead Exposures and Disparities in U.S. Communities” (previously referred to as the Lead Action Plan) and other less certain threats remain in play – namely new Superfund Excise Taxes, Superfund soil cleanup values, a Toxic Substances Control Act (TSCA) review of lead, and EPA threats to separator manufacturing use of trichloroethylene (TCE).

Needless to say, there is a lot going on within the regulatory landscape in the United States as it relates to lead and lead-containing products. During the presentation, I will provide additional information and insight to how BCI and its affiliates are responding to these rulemakings.