Lead; Renovation, Repair, and Painting Program; Availability of Supplemental Information, 10628-10630 [E6-2940]
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10628
Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Proposed Rules
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
This proposed rule to approve six
source-specific RACT determinations
established and imposed by the
Commonwealth of Pennsylvania
pursuant to its SIP-approved generic
RACT regulations does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
RMAJETTE on PROD1PC67 with PROPOSALS1
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.
[FR Doc. E6–2949 Filed 3–1–06; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 745
[EPA–HQ–OPPT–2005–0049; FRL–7762–7]
RIN 2070–AC83
Lead; Renovation, Repair, and Painting
Program; Availability of Supplemental
Information
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; availability of
supplemental information.
AGENCY:
SUMMARY: On January 10, 2006, EPA
proposed new requirements to reduce
exposure to lead hazards created by
renovation, repair, and painting
activities that disturb lead-based paint.
The proposal supports the attainment of
the Federal government’s goal of
eliminating childhood lead poisoning
by 2010. The proposal discussed
requirements for training renovators and
dust sampling technicians; certifying
renovators, dust sampling technicians,
and renovation firms; accrediting
providers of renovation and dust
sampling technician training; and for
renovation work practices. EPA
developed a draft analysis of the
potential costs and benefits associated
with this proposed rulemaking and
included it in the docket for the
proposed rule. With this document, EPA
is announcing the availability of a
revised economic analysis in the
rulemaking docket. Comments on the
revised economic analysis should be
submitted to the docket for the proposed
rule and must be received on or before
April 10, 2006.
DATES: Comments must be received on
or before April 10, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
no. EPA–HQ–OPPT–2005–0049, by one
of the following methods.
• https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
• Hand Delivery: OPPT Document
Control Office (DCO, EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2005–0049.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
PO 00000
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are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2005–0049. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is
an‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov your e-mail address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through
regulations.gov or in hard copy at the
OPPT Docket, EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280.
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Proposed Rules
For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail
address:TSCA–Hotline@epa.gov.
For technical information contact:
Mike Wilson, National Program
Chemicals Division (7404T), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC20460–0001; telephone number:
(202) 566–0521; e-mail
address:wilson.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
RMAJETTE on PROD1PC67 with PROPOSALS1
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. This action may be of
particular interest to anyone who
performs renovations of target housing
for compensation or dust sampling.
Potentially affected entities may
include, but are not limited to:
• Building construction (NAICS
236), e.g., single family housing
construction, multi-family housing
construction, residential remodelers.
• Specialty trade contractors (NAICS
238), e.g., plumbing, heating, and airconditioning contractors, painting and
wall covering contractors, electrical
contractors, finish carpentry contractors,
drywall and insulation contractors,
siding contractors, tile and terrazzo
contractors, glass and glazing
contractors.
• Real estate (NAICS 531), e.g.,
lessors of residential buildings and
dwellings, residential property
managers.
• Other technical and trade schools
(NAICS 611519), e.g., training providers.
• Engineering services (NAICS
541330) and building inspection
services (NAICS 541350), e.g., dust
sampling technicians.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
the regulatory text at § 745.82 of the
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proposed rule. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at the
estimate.
vi. Provide specific examples to
illustrate your concerns, and suggested
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. What Action is the Agency Taking?
In the Federal Register of January 10,
2006 (71 FR 1588) (FRL–7755–5), EPA
proposed new requirements to reduce
exposure to lead hazards created by
renovation, repair, and painting
activities that disturb lead-based paint.
Pursuant to Executive Order 12866, EPA
submitted to the Office of Management
and Budget (OMB) a draft analysis of the
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10629
potential costs and benefits associated
with the proposed rulemaking. The draft
analysis was contained in a document
titled Draft Economic Analysis for the
Renovation, Repair, and Painting
Program Proposed Rule (Draft Economic
Analysis). The Agency has since
completed a revised economic analysis.
As discussed in the proposed rule, the
revised economic analysis was
conducted using other assumptions for
baseline activities as well as further
enhancements to the analysis.
Accordingly, the revised economic
analysis contains the Agency’s updated
estimate of the potential costs and
benefits of the proposed rule. In
addition, the revised economic analysis
also supplements the Agency’s analysis
of potentially adverse economic impacts
on small entities as part of the initial
regulatory flexibility analysis prepared
pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601et seq. The revised
economic analysis serves other
important purposes as well. It presents
analyses that report the impact of the
proposed rule on the paperwork burden,
the financial condition of small entities,
whether the regulation has a
disproportionate effect on low-income
and or minority persons, and the
environmental health risk or safety risk
to children due to the regulation. It
specifically responds to the Unfunded
Mandates Reform Act, and the National
Technology Transfer and Advancement
Act, as well as to Executive Orders
13132 (Federalism), 13175 (Tribal
Implications), 13211 (Energy Effects),
and 12898 (Environmental Justice).
A copy of the revised economic
analysis, Economic Analysis for the
Renovation, Repair, and Painting
Program Proposed Rule (Economic
Analysis), is now available in the docket
for this action (EPA–HQ–OPPT–2005–
0049). In addition to EPA’s requests for
comment in the proposed rule, EPA is
seeking comments on all aspects of the
Economic Analysis, including costs,
benefits, and baseline assumptions. In
particular, EPA requests comment on
the studies used to estimate benefits and
requests further submission of data or
information regarding the estimated
benefits of the proposed rule.
Additionally, the Agency requests
comments and information regarding
available data to better estimate the
number of small businesses affected by
the proposed rule. In determining the
number of small businesses affected by
the proposed rule, the Agency applied
the U.S. Economic Census data to the
Small Business Administration’s (SBA)
definition of small business. However,
applying the U.S. Economic Census data
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Federal Register / Vol. 71, No. 41 / Thursday, March 2, 2006 / Proposed Rules
requires either under or overestimating
the number of small businesses affected
by the proposed rule. For example, for
many construction establishments the
SBA defines small businesses as having
revenues of less than $12 million. With
respect to those establishments, the U.S.
Economic Census data groups all
establishments with revenues of $10
million or more into one revenue
bracket. On the one hand, using data for
the entire industry would overestimate
the number of small businesses affected
by the proposed rule and would defeat
the purpose of estimating impacts on
small business. It would also
underestimate the proposed rule’s
impact on small businesses because the
impacts would be calculated using the
revenues of large businesses in addition
to small businesses. On the other hand,
applying the closest, albeit lower,
revenue bracket would underestimate
the number of small businesses affected
by the proposed rule while at the same
time overestimating the impacts.
Comments on the Economic Analysis
should be submitted to the docket for
the proposed rule. The comment period
on the proposed rule (and therefore this
Economic Analysis) currently ends on
April 10, 2006.
List of Subjects in Part 745
Environmental protection, Housing
renovation, Lead, Lead-based paint,
Reporting andrecordkeeping
requirements.
Dated: February 24, 2006.
Susan B. Hazen,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E6–2940 Filed 3–1–06; 8:45 am]
BILLING CODE 6560–50–S
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2522
RIN 3045–AA46
AmeriCorps Grant Applications From
Professional Corps
RMAJETTE on PROD1PC67 with PROPOSALS1
ACTION:
Proposed rule.
SUMMARY: The Corporation for National
and Community Service is proposing to
amend title 45 Code of Federal
Regulations, part 2522.240(b)(2)(ii), to
remove the restriction on certain
professional corps programs from
applying through State Commissions for
AmeriCorps State competitive funds.
The proposed amendment would
realign the regulations with the
authorizing statutory language. In the
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Rules Section of this Federal Register,
the Corporation is taking direct final
action on the proposed amendment
because we view the amendments as
non-controversial and anticipate no
adverse comments. The Corporation has
provided a detailed rationale for the
amendment in the direct final rule. If
the Corporation receives no adverse
comments, the amendment set forth in
the direct final action will become
effective and we will take no further
action on this proposed rule. If the
Corporation receives adverse comments
on the amendment, we will publish a
timely withdrawal in the Federal
Register of the direct final rule
informing the public that the direct final
rule will not take effect, and we will
address public comments received in a
subsequent final rule based on the
proposed rule. The Corporation will not
institute a second comment period on
the subsequent final rule. Any one
interested in commenting on this
document should do so at this time.
DATES: To be sure your comments are
considered, they must reach the
Corporation on or before April 3, 2006.
ADDRESSES: You may mail or deliver
your comments to Nicola Goren,
Associate General Counsel, Corporation
for National and Community Service,
1201 New York Avenue NW., Room
10611, Washington, DC 20525. You may
also send your comments by facsimile
transmission to (202) 606–3467, or send
them electronically to
professionalcorpscomments@cns.gov or
through the Federal government’s onestop rulemaking Web site at https://
www.regulations.gov. Members of the
public may review copies of all
communications received on this
rulemaking at the Corporation’s
Washington DC headquarters.
During and after the comment period,
you may inspect all public comments
about this rule in suite 10600, 1201 New
York Avenue, NW., Washington, DC,
between the hours of 9 a.m. and 4:30
p.m., Eastern Time, Monday through
Friday of each week except Federal
holidays.
On request, we will supply an
appropriate aid, such as a reader or
print magnifier, to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this rule. If you want to
schedule an appointment for this type of
aid, please contact the person listed
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Nicola Goren, Associate General
Counsel, Corporation for National and
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Community Service, (202) 606–6676.
T.D.D. (202) 606–3472. Persons with
visual impairments may request this
rule in an alternative format.
SUPPLEMENTARY INFORMATION: For
additional information, please see the
direct final rule, which is published in
the Rules section of this Federal
Register.
Statutory and Executive Order Reviews
Executive Order 12866
The Corporation has determined that
this proposed rule, while a significant
regulatory action, is not an
‘‘economically significant’’ rule within
the meaning of E.O. 12866 because it is
not likely to result in: (1) An annual
effect on the economy of $100 million
or more, or an adverse and material
effect on a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal government or
communities; (2) the creation of a
serious inconsistency or interference
with an action taken or planned by
another agency; (3) a material alteration
in the budgetary impacts of entitlement,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) the raising of novel legal
or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in E.O. 12866.
As a ‘‘significant’’ regulatory action, this
proposed rule was reviewed by the
Office of Management and Budget
(OMB).
Regulatory Flexibility Act
The Corporation has determined that
this regulatory action, if promulgated,
will not result in a significant impact on
a substantial number of small entities.
Therefore, the Corporation has not
performed the initial regulatory
flexibility analysis that is required
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) for major rules that
are expected to have such results.
Other Impact Analyses
This action does not impose any new
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
For purposes of Title II of the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531–1538, as well as
Executive Order 12875, this regulatory
action does not contain any Federal
mandate that may result in increased
expenditures in either Federal, State,
local, or tribal governments in the
aggregate, or impose an annual burden
exceeding $100 million on the private
sector.
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]]>Agencies
[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Proposed Rules]
[Pages 10628-10630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2940]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2005-0049; FRL-7762-7]
RIN 2070-AC83
Lead; Renovation, Repair, and Painting Program; Availability of
Supplemental Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; availability of supplemental information.
-----------------------------------------------------------------------
SUMMARY: On January 10, 2006, EPA proposed new requirements to reduce
exposure to lead hazards created by renovation, repair, and painting
activities that disturb lead-based paint. The proposal supports the
attainment of the Federal government's goal of eliminating childhood
lead poisoning by 2010. The proposal discussed requirements for
training renovators and dust sampling technicians; certifying
renovators, dust sampling technicians, and renovation firms;
accrediting providers of renovation and dust sampling technician
training; and for renovation work practices. EPA developed a draft
analysis of the potential costs and benefits associated with this
proposed rulemaking and included it in the docket for the proposed
rule. With this document, EPA is announcing the availability of a
revised economic analysis in the rulemaking docket. Comments on the
revised economic analysis should be submitted to the docket for the
proposed rule and must be received on or before April 10, 2006.
DATES: Comments must be received on or before April 10, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) no. EPA-HQ-OPPT-2005-0049, by one of the following methods.
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO, EPA East
Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID number EPA-HQ-OPPT-2005-0049. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0049. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, i.e., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through regulations.gov or in
hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
OPPT Docket is (202) 566-0280.
[[Page 10629]]
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address:TSCA-
Hotline@epa.gov.
For technical information contact: Mike Wilson, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC20460-0001; telephone number: (202) 566-0521; e-mail
address:wilson.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may
be of particular interest to anyone who performs renovations of target
housing for compensation or dust sampling. Potentially affected
entities may include, but are not limited to:
Building construction (NAICS 236), e.g., single family
housing construction, multi-family housing construction, residential
remodelers.
Specialty trade contractors (NAICS 238), e.g., plumbing,
heating, and air-conditioning contractors, painting and wall covering
contractors, electrical contractors, finish carpentry contractors,
drywall and insulation contractors, siding contractors, tile and
terrazzo contractors, glass and glazing contractors.
Real estate (NAICS 531), e.g., lessors of residential
buildings and dwellings, residential property managers.
Other technical and trade schools (NAICS 611519), e.g.,
training providers.
Engineering services (NAICS 541330) and building
inspection services (NAICS 541350), e.g., dust sampling technicians.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in the regulatory text
at Sec. 745.82 of the proposed rule. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at the estimate.
vi. Provide specific examples to illustrate your concerns, and
suggested alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What Action is the Agency Taking?
In the Federal Register of January 10, 2006 (71 FR 1588) (FRL-7755-
5), EPA proposed new requirements to reduce exposure to lead hazards
created by renovation, repair, and painting activities that disturb
lead-based paint. Pursuant to Executive Order 12866, EPA submitted to
the Office of Management and Budget (OMB) a draft analysis of the
potential costs and benefits associated with the proposed rulemaking.
The draft analysis was contained in a document titled Draft Economic
Analysis for the Renovation, Repair, and Painting Program Proposed Rule
(Draft Economic Analysis). The Agency has since completed a revised
economic analysis. As discussed in the proposed rule, the revised
economic analysis was conducted using other assumptions for baseline
activities as well as further enhancements to the analysis.
Accordingly, the revised economic analysis contains the Agency's
updated estimate of the potential costs and benefits of the proposed
rule. In addition, the revised economic analysis also supplements the
Agency's analysis of potentially adverse economic impacts on small
entities as part of the initial regulatory flexibility analysis
prepared pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601et
seq. The revised economic analysis serves other important purposes as
well. It presents analyses that report the impact of the proposed rule
on the paperwork burden, the financial condition of small entities,
whether the regulation has a disproportionate effect on low-income and
or minority persons, and the environmental health risk or safety risk
to children due to the regulation. It specifically responds to the
Unfunded Mandates Reform Act, and the National Technology Transfer and
Advancement Act, as well as to Executive Orders 13132 (Federalism),
13175 (Tribal Implications), 13211 (Energy Effects), and 12898
(Environmental Justice).
A copy of the revised economic analysis, Economic Analysis for the
Renovation, Repair, and Painting Program Proposed Rule (Economic
Analysis), is now available in the docket for this action (EPA-HQ-OPPT-
2005-0049). In addition to EPA's requests for comment in the proposed
rule, EPA is seeking comments on all aspects of the Economic Analysis,
including costs, benefits, and baseline assumptions. In particular, EPA
requests comment on the studies used to estimate benefits and requests
further submission of data or information regarding the estimated
benefits of the proposed rule. Additionally, the Agency requests
comments and information regarding available data to better estimate
the number of small businesses affected by the proposed rule. In
determining the number of small businesses affected by the proposed
rule, the Agency applied the U.S. Economic Census data to the Small
Business Administration's (SBA) definition of small business. However,
applying the U.S. Economic Census data
[[Page 10630]]
requires either under or overestimating the number of small businesses
affected by the proposed rule. For example, for many construction
establishments the SBA defines small businesses as having revenues of
less than $12 million. With respect to those establishments, the U.S.
Economic Census data groups all establishments with revenues of $10
million or more into one revenue bracket. On the one hand, using data
for the entire industry would overestimate the number of small
businesses affected by the proposed rule and would defeat the purpose
of estimating impacts on small business. It would also underestimate
the proposed rule's impact on small businesses because the impacts
would be calculated using the revenues of large businesses in addition
to small businesses. On the other hand, applying the closest, albeit
lower, revenue bracket would underestimate the number of small
businesses affected by the proposed rule while at the same time
overestimating the impacts. Comments on the Economic Analysis should be
submitted to the docket for the proposed rule. The comment period on
the proposed rule (and therefore this Economic Analysis) currently ends
on April 10, 2006.
List of Subjects in Part 745
Environmental protection, Housing renovation, Lead, Lead-based
paint, Reporting andrecordkeeping requirements.
Dated: February 24, 2006.
Susan B. Hazen,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E6-2940 Filed 3-1-06; 8:45 am]
BILLING CODE 6560-50-S
