Lead; Renovation, Repair, and Painting Program, 31022-31048 [E7-10797]
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read ‘‘example, § 1.355–3(c) Example
9’’.
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§ 1.355–3
[Corrected]
13. On page 26026, column 2,
§ 1.355–3(b)(1)(i), lines eight and nine of
the paragraph, the language ‘‘355(b)(1).
Sections 355(b)(2)(A) and (b)(3)(A)
provide that a corporation is’’ is
corrected to read ‘‘355(b)(1). Section
355(b)(2)(A) and (b)(3)(A) provides that
a corporation is’’.
14. On page 26026, column 2,
§ 1.355–3(b)(1)(i), seventh line from the
bottom of the paragraph, the language
‘‘sections solely as a result of’’ is
corrected to read ‘‘section solely as a
result of’’.
15. On page 26028, column 1,
§ 1.355–3(b)(4)(i)(A), fourth line of the
paragraph, the language ‘‘Under sections
355(b)(2)(C) and (b)(3), a’’ is corrected to
read ‘‘Under section 355(b)(2)(C) and
(b)(3), a’’.
16. On page 26028, column 1,
§ 1.355–3(b)(4)(i)(A), last line of the
column, the language ‘‘by reasons of
such transactions’’ is corrected to read
‘‘by reason of such transactions’’.
17. On page 26030, column 2,
§ 1.355–3(d)(1)(iv), third line, the
language ‘‘within the meeting of section
368(c).’’ is corrected to read ‘‘within the
meaning of section 368(c).’’.
18. On page 26031, column 3,
§ 1.355–3(d)(2) Example 9.(iii), fourth
line from the bottom of paragraph, the
language ‘‘is engaged the active conduct
of ATB2.’’ is corrected to read ‘‘is
engaged in the active conduct of
ATB2.’’.
19. On page 26033, column 2,
§ 1.355–3(d)(2) Example 24., lines six
through twelve, the language
‘‘Partnership, each of X, Y, and Z satisfy
the requirements of paragraph
(b)(2)(v)(B) of this section. Accordingly,
each of X, Y, and Z are attributed the
trade or business assets and activities of
Partnership, satisfy the requirements of
paragraph (b)(2)(i) of this section, and
are engaged in the active’’ is corrected
to read ‘‘Partnership, each of X, Y, and
Z satisfies the requirements of
paragraph (b)(2)(v)(B) of this section.
Accordingly, each of X, Y, and Z is
attributed the trade or business assets
and activities of Partnership, satisfies
the requirements of paragraph (b)(2)(i)
of this section, and is engaged in the
active’’.
20. On page 26034, column 1,
§ 1.355–3(d)(2) Example 27., sixth line
from the bottom of paragraph, the
language ‘‘recognized. Accordingly, if
the D were to’’ is corrected to read
‘‘recognized. Accordingly, if D were to’’.
21. On page 26034, column 1,
§ 1.355–3(d)(2) Example 29., seventh
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line, the language ‘‘under section 357(c)
gain on the transfer of’’ is corrected to
read ‘‘under section 357(c) on the
transfer of’’.
22. On page 26034, column 2,
§ 1.355–3(d)(2) Example 32., sixth line
from the bottom of paragraph, the
language ‘‘neither ATB1 nor control of
C were acquired’’ is corrected to read
‘‘neither ATB1 nor control of C was
acquired’’.
23. On page 26034, column 3,
§ 1.355–3(d)(2) Example 35., second line
from the bottom of paragraph, the
language ‘‘distribution, it can rely on
ATB1 to satisfy’’ is corrected to read
‘‘distribution, it could rely on ATB1 to
satisfy’’.
24. On page 26034, column 3,
§ 1.355–3(d)(2) Example 36., second
line, the language ‘‘reorganization and
distributions. For more’’ is corrected to
read ‘‘reorganization and distribution.
For more’’.
25. On page 26035, column 2,
§ 1.355–3(d)(2) Example 39., fifth line
from the bottom of paragraph, the
language ‘‘The result would also be the
same if prior to’’ is corrected to read
‘‘The result would be the same if prior
to’’.
26. On page 26035, column 2,
§ 1.355–3(d)(2) Example 40., fourth line
from the bottom of paragraph, the
language ‘‘The result would be the same
if P acquired’’ is corrected to read ‘‘The
results would be the same if P
acquired’’.
27. On page 26035, column 3,
§ 1.355–3(d)(2) Example 42., third line
of the column, the language ‘‘distributes
all the C stock, C could not rely’’ is
corrected to read ‘‘distributes all the C
stock, C cannot rely’’.
28. On page 26036, column 3,
§ 1.355–3(d)(2) Example 50., fifteenth
line from the bottom of paragraph, the
language ‘‘if X, instead if S, merged into
D, S would’’ is corrected to read ‘‘if X,
instead of S, merged into D, S would’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–10799 Filed 6–4–07; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 745
[EPA–HQ–OPPT–2005–0049; FRL–8132–7]
RIN 2070–AC83
Lead; Renovation, Repair, and Painting
Program
Environmental Protection
Agency (EPA).
ACTION: Supplemental Notice of
Proposed Rulemaking.
AGENCY:
SUMMARY: On January 10, 2006, EPA
proposed new requirements under the
authority of section 402(c)(3) of the
Toxic Substances Control Act (TSCA) to
reduce exposure to lead hazards created
by renovation, repair, and painting
activities that disturb lead-based paint
in target housing. ‘‘Target housing’’ is
defined in TSCA section 401 as any
housing constructed before 1978, except
housing for the elderly or persons with
disabilities (unless any child under age
6 resides or is expected to reside in such
housing) or any 0-bedroom dwelling.
The 2006 proposal would establish
requirements for training renovators and
dust sampling technicians; for certifying
renovators, dust sampling technicians,
and renovation firms; for accrediting
providers of renovation and dust
sampling technician training; for
renovation work practices; and for
recordkeeping. That proposal would
also allow interested States, Territories,
and Indian Tribes the opportunity to
apply for and receive authorization to
administer and enforce all of the
elements of the new renovation
requirements. This supplemental notice
contains EPA’s proposal to add childoccupied facilities to the buildings
covered by the 2006 proposal. Childoccupied facilities may be located in
public or commercial buildings or in
target housing. A child-occupied facility
would be defined as a building, or a
portion of a building, constructed prior
to 1978, visited regularly by the same
child, under 6 years of age, on at least
two different days within any week
(Sunday through Saturday period),
provided that each day’s visit lasts at
least 3 hours and the combined weekly
visits last at least 6 hours, and the
combined annual visits last at least 60
hours.
DATES: Comments must be received on
or before July 5, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2005–0049, by
one of the following methods:
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• Federal eRulemaking Portal:
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 DCO’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–OPP–2005–
0049. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line 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 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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
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www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically
athttps://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. The telephone number
of the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
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,
DC 20460–0001; telephone number:
(202) 566–0521; e-mail address:
wilson.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you perform renovations of
child-occupied facilities for
compensation or dust sampling in childoccupied facilities. EPA is proposing to
define a child-occupied facility as a
building, or a portion of a building,
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constructed prior to 1978, visited
regularly by the same child, under 6
years of age, on at least two different
days within any week (Sunday through
Saturday period), provided that each
day’s visit lasts at least 3 hours and the
combined weekly visits last at least 6
hours, and the combined annual visits
last at least 60 hours. Examples of childoccupied facilities are day-care centers,
preschools, and kindergarten
classrooms. Child-occupied facilities
may be located in target housing or in
public or commercial buildings.
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,
nonresidential construction.
• 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 and nonresidential
buildings, property managers.
• Child day care services (NAICS
624410).
• Elementary and secondary schools
(NAICS 611110), e.g., elementary
schools with kindergarten classrooms.
• 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
Units IV.B. and IV.C. 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
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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 as 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
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
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. Background
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A. What Action is the Agency Taking?
EPA is proposing to add childoccupied facilities to the universe of
buildings covered by a prior proposal.
EPA would apply all of the training,
certification, accreditation, work
practice, and recordkeeping
requirements of the January 10, 2006
proposal (‘‘2006 Proposal’’, Ref. 1) to
child-occupied facilities. A childoccupied facility would be defined as ‘‘a
building, or a portion of a building,
constructed prior to 1978, visited
regularly by the same child, under 6
years of age, on at least two different
days within any week (Sunday through
Saturday period), provided that each
day’s visit lasts at least 3 hours and the
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combined weekly visits last at least 6
hours, and the combined annual visits
last at least 60 hours.’’ Examples of
child-occupied facilities are day-care
centers, preschools, and kindergarten
classrooms. Child-occupied facilities
may be located in target housing or in
public or commercial buildings.
The purpose of the 2006 Proposal was
to establish new requirements to reduce
exposure to lead hazards created by
renovation, repair, and painting
activities that disturb lead-based paint.
The proposal contained 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; for
renovation work practices; and for
recordkeeping. These requirements
would apply in ‘‘target housing,’’ which
is defined in TSCA section 401 as ‘‘any
housing constructed before 1978, except
housing for the elderly or persons with
disabilities (unless any child under age
6 resides or is expected to reside in such
housing) or any 0-bedroom dwelling.’’
Initially the rule would apply to all
renovations for compensation
performed in (1) target housing where a
child with an increased blood lead level
resides; (2) rental target housing built
before 1960; and (3) owner-occupied
target housing built before 1960, unless,
with respect to owner-occupied target
housing, the person performing the
renovation obtains a statement signed
by the owner-occupant that the
renovation will occur in the owner’s
residence and that no child under age 6
resides there. EPA proposed a
subsequent phase-in for target housing
built in the years 1960 through 1977,
with certain exemptions. The training,
certification, accreditation, work
practice, and recordkeeping
requirements of the 2006 Proposal
would apply to all persons who do
renovation for compensation, including
renovation contractors, maintenance
workers in multi-family housing,
painters and other specialty trades, with
certain exceptions. The 2006 Proposal
contains exemptions for owneroccupied target housing where no
children under age 6 reside, minor
repair and maintenance activities that
disrupt two square feet or less of
painted surfaces per component, or
renovations where specified methods
have been used to determine that the
areas affected by the renovation are free
of lead-based paint.
In this document, EPA is proposing to
apply these same training, certification,
accreditation, work practice, and
recordkeeping requirements and
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exemptions to firms and individuals
who perform renovations for
compensation in child-occupied
facilities. EPA welcomes comment on
this supplemental proposal by entities,
such as day care providers, elementary
schools, and public or commercial
building owners, who would be affected
by the expanded scope of coverage. EPA
intends to review the comments
received on this supplementary
proposal and then promulgate a final
rule addressing both the 2006 Proposal
and this proposal.
B. What is the Agency’s Authority for
Taking this Action?
These training, certification and
accreditation requirements and work
practice standards are being proposed
pursuant to the authority of TSCA
section 402(c)(3), 15 U.S.C. 2682(c)(3),
as amended by Title X of the Housing
and Community Development Act of
1992, Public Law 102–550 (also known
as the Residential Lead-Based Paint
Hazard Reduction Act of 1992) (‘‘the
Act’’ or ‘‘Title X’’). The notification and
recordkeeping requirements associated
with child-occupied facilities are being
proposed pursuant to section 407 of
TSCA. The Model State Program and
amendments to the regulations on the
authorization of State and Tribal
programs with respect to renovators and
dust sampling technicians are being
proposed pursuant to section 404 of
TSCA, 15 U.S.C. 2684.
III. Introduction
A. Reason for this Supplemental Notice
On January 10, 2006, EPA issued a
notice of proposed rulemaking for
requirements to reduce exposure to lead
hazards created by renovation, repair,
and painting activities that disturb leadbased paint in target housing (Ref. 1).
EPA received approximately 250
comments from a wide variety of
commenters, including State and local
governments, industry groups, advocacy
groups, renovation contractors, training
providers, and individuals. Twenty-nine
of those commenters observed that the
proposal did not cover buildings where
children under age 6 spend a great deal
of time, such as day care centers and
schools. Commenters noted that the risk
posed to children from lead-based paint
hazards in schools and day-care centers
is likely to be equal to, if not greater
than, the risk posed from these hazards
at home. These commenters suggested
that EPA expand its proposal to include
such places. Several suggested that EPA
use the definition of ‘‘child-occupied
facility’’ in 40 CFR § 745.223 to define
the expanded scope of coverage.
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EPA believes that the suggestions
regarding day care centers and schools
have merit. EPA is therefore issuing this
supplemental proposal to specifically
propose expanding the scope of the
renovation, repair and painting program
to these facilities. EPA believes that the
proposed findings underlying the 2006
Proposal also support the expansion of
coverage to child-occupied facilities.
B. Development of the Final Rule
It is EPA’s intention to issue a final
rule based on the 2006 Proposal and this
supplemental proposal. As EPA moves
forward with the development of the
final rule, the Agency is considering the
comments and information received
during the public comment periods in
2006, and expects to consider the
comments related to child-occupied
facilities and any new information
received on this supplemental proposal.
In addition, as discussed in the 2006
Proposal, EPA intends to prepare further
analyses and updated assessments for
the final rule that will use the
information received, as well as the data
generated by the EPA study
‘‘Characterization of Dust Lead Levels
after Renovation, Repair, and Painting
Activities’’ (‘‘Dust Study’’, Ref. 10), and
by the National Association of Home
Builders’ (NAHB) ‘‘Lead Safe Work
Practices Survey’’ (‘‘NAHB Survey’’,
Ref. 11). EPA will also consider the
comments received on proposed work
practice standards in light of the results
of these studies.
EPA is also updating the hazard and
exposure assessments it used as a basis
for estimating the benefits of the
rulemaking. This benefits analysis is
part of the economic analysis for the
rulemaking. The hazard assessment for
the final rule will be based on a hazard
assessment that has recently undergone
peer review by the Clean Air Science
Advisory Committee (CASAC) Lead
Review Panel. The revised exposure
assessment for the final rule, which will
use the data generated by EPA’s Dust
Study, the NAHB Survey, and other
available information, will also undergo
a peer review by the CASAC Lead
Review Panel. The CASAC, which is
comprised of seven members appointed
by the EPA Administrator, was
established under the Clean Air Act as
an independent scientific advisory
committee. More information on the
CASAC consultation process, along with
background documents, is available on
EPA’s website athttps://www.epa.gov/
lead/pubs/casac.htm.
EPA is not yet able to say with any
certainty how the economic analyses or
proposed requirements might change for
the final rule as a result of the
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additional analyses underway or
planned, or EPA’s consideration of
comments or new information received
on this supplemental proposal. The
Agency does, however, expect that
changes may occur.
C. Previous EPA Rulemakings on Leadbased Paint and Lead-based Paint
Hazards in Child-Occupied Facilities
In 1996, EPA promulgated the final
lead-based paint activities regulations
under TSCA section 402(a), codifying
them at 40 CFR part 745, subpart L.
These regulations were designed to
protect the public from the hazards of
improperly conducted lead-based paint
inspections, risk assessments and
abatement projects. The regulation
includes:
• Training and certification
requirements to ensure the proficiency
of contractors who offer these services.
• Accreditation requirements to
ensure that training programs provide
quality instruction in current and
effective work practices.
• Work practice standards to ensure
that these lead-based paint activities are
conducted safely, reliably and
effectively.
As initially proposed in 1994,
requirements for the training and
certification of contractors and the
accreditation of training programs, as
well as specific work practice standards
would have applied to lead-based paint
activities conducted in target housing
and public buildings (Ref. 2). A slightly
different set of requirements would have
applied to lead-based paint activities
conducted in commercial buildings and
on bridges and other structures. The
1994 proposal would have defined
public buildings to include all buildings
generally open to the public or occupied
or visited by children, such as stores,
museums, airports, offices, restaurants,
hospitals, and government buildings, as
well as schools and day-care centers.
During the comment period, a
significant majority of commenters
expressed the concern that applying
these regulations to activities in all of
the buildings that EPA would consider
public would result in significant costs
without a comparable reduction in leadbased paint exposures for children
under age 6, the population most
vulnerable to lead exposures. Many of
these commenters recommended that
EPA focus its attention on buildings that
are frequented by children, rather than
on buildings that may be briefly visited
by children. In response to these
comments, EPA established, in the final
rule, a subset of the buildings EPA had
intended to define as public. This
subset, called ‘‘child-occupied
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facilities,’’ was delineated in terms of
the frequency and duration of visits by
children (Ref. 3). ‘‘Child-occupied
facility’’ is defined in 40 CFR 745.223 as
‘‘ a building, or portion of a building,
constructed prior to 1978, visited
regularly by the same child, 6 years of
age or under, on at least two different
days within any week (Sunday through
Saturday period), provided that each
day’s visit lasts at least 3 hours and the
combined weekly visits last at least 6
hours, and the combined annual visits
last at least 60 hours. Child-occupied
facilities may include, but are not
limited to, day care centers, preschools
and kindergarten classrooms.’’ The
training, certification, accreditation, and
work practice requirements of the final
lead-based paint activities regulations,
codified at 40 CFR part 745, subpart L,
apply only to activities in target housing
and child-occupied facilities.
Subsequently, in 1998, EPA initiated
rulemaking under TSCA section 403 to
identify lead-based paint hazards. The
final standards, promulgated in 2001
and codified at 40 CFR part 745, subpart
D, define paint-lead, dust-lead, and soillead hazards (Ref. 4). Under 40 CFR
745.61(b), these standards are applicable
to target housing and child-occupied
facilities. The definition of paint-lead
hazard refers to the presence of
damaged or deteriorated lead-based
paint, as well as lead-based paint on
surfaces where it can be damaged,
abraded, or ingested. A dust-lead hazard
is defined as surface dust that contains
a mass-per-area concentration of lead
equal to or exceeding 40 micrograms per
square foot (µg/ft2) on floors or 250 µg/
ft2 on interior window sills based on
wipe samples. A soil-lead hazard is
defined as bare soil that contains total
lead equal to or exceeding 400 parts per
million (µg/g) in a play area or an
average of 1,200 parts per million in the
rest of the yard based on soil samples.
As discussed in detail in the preamble
to the final TSCA section 403
regulations, the dust-lead and soil-lead
hazard standards were set with
reference to the likelihood that an
exposure to such a level would result in
a blood lead level above 10 micrograms
per deciliter (µg/dL) in a child (Ref. 4 at
1216–1217). This was based on the level
that the Centers for Disease Control and
Prevention had set as the level of
concern for community action. This
level is not a threshold for toxicity.
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IV. Renovation Activities in Childoccupied Facilities
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A. TSCA Section 402(c)(3)
Determination
The 2006 Proposal was issued under
the authority of TSCA section 402(c),
which directs EPA to revise its TSCA
section 402(a) lead-based paint activities
regulations to apply to renovation
activities that create lead-based paint
hazards. The revisions proposed in the
2006 Proposal were based on, among
other things, a study of renovation
activities that EPA conducted as
directed by TSCA section 402(c)(2). This
study is discussed in greater length in
the 2006 Proposal (Ref. 1 at 1591). In
this study, EPA found that the following
renovation activities, when conducted
where lead-based paint is present,
generated lead loadings on floors that
exceeded 40 µg/ft2, the dust-lead hazard
standard for floors in 40 CFR 745.65(b):
• Paint removal by abrasive sanding.
• Window replacement.
• HVAC duct work.
• Demolition of interior plaster
walls.
• Drilling into wood.
• Sawing into wood.
• Sawing into plaster.
These results, along with the results
of other phases of the study, which
evaluated worker exposures and the
blood lead levels of children in homes
where renovations have taken place, led
EPA to propose to conclude that
renovation activities that disturb leadbased paint cause lead dust in amounts
that will create, or could reasonably be
anticipated to create, dust-lead hazards.
The dust-lead hazard standards are
the same for target housing and childoccupied facilities. EPA believes that
the individual activities examined in its
renovation study are likely to be part of
renovation activities in child-occupied
facilities as well as in target housing.
EPA is therefore proposing to find that
renovation activities that disturb leadbased paint in child-occupied facilities
will create, or are reasonably anticipated
to create, lead-based paint hazards. EPA
requests comment on this proposed
finding as well as any available data or
studies on the similarities and
differences between renovation
activities in target housing and
renovation activities in child-occupied
facilities.
B. Buildings Covered
1. Buildings covered by the 2006
Proposal. The requirements of the 2006
Proposal would take effect in two major
phases. In the first phase, the proposed
requirements would apply to
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renovations performed for
compensation in:
• Target housing where the firm
performing the renovation obtains
information indicating that a child
under age 6 resides there, if the child
has a blood-lead level greater than or
equal to 10 µg/dL or a State or local
government level of concern, if lower, or
the firm does not provide the owners
and occupants with the opportunity to
inform the firm that a child under age
6 with such a blood-lead level resides
there.
• Owner-occupied target housing
built before 1960, unless the firm
performing the renovation obtains a
statement signed by the owner that the
renovation will occur in the owner’s
residence and no child under age 6
resides there.
• Rental target housing built before
1960.
The second phase, which would take
effect 1 year after the first phase takes
effect, would extend the proposed
requirements to:
• Owner-occupied target housing
built between 1960 and 1978, unless the
firm performing the renovation obtains
a statement signed by the owner that the
renovation will occur in the owner’s
residence and no child under age 6
resides there.
• Rental target housing built
between 1960 and 1978.
EPA proposed the two-phase
approach primarily because of the
reduced prevalence of lead-based paint
in housing constructed between 1960
and 1978. According to the National
Survey of Lead and Allergens in
Housing, 24% of the housing
constructed between 1960 and 1978
contains lead-based paint (Ref. 5). As
discussed in the 2006 Proposal, EPA is
working toward the development of
improved test kits that could be used to
determine whether or not lead-based
paint is present in an area to be
renovated (Ref. 1 at 1599). These kits are
expected to be commercially available
by the time that the second phase of the
proposal would take effect, and thus
could be used to accurately exclude the
76% of housing constructed between
1960 and 1978 that does not contain
lead-based paint.
The 2006 Proposal also discussed
several other options for applicability
based on the age of the housing,
including a single phase regulation
covering pre-1960 target housing or pre1978 target housing. EPA received a
great many comments on this aspect of
the proposal and the merits of these
comments are still being considered.
2. Buildings covered by this
proposal—a. Background. This proposal
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would extend the coverage of the
training, certification, accreditation,
work practice, and recordkeeping
requirements of the 2006 Proposal to
buildings that children under age 6
frequent, such as day care centers,
preschools, and kindergarten
classrooms. To accomplish this, EPA is
proposing to incorporate into 40 CFR
745.83 the definition of ‘‘child-occupied
facility’’ from 40 CFR 745.223, with two
modifications. The proposed definition
would refer to visits by children under
age 6, rather than to visits by children
6 and under, to make the definition
consistent with the other scope
provisions of the 2006 Proposal. In
addition, the proposed definition would
clarify that child-occupied facilities may
be located in target housing or public or
commercial buildings.
The preamble to the 1996 final leadbased paint activities regulations
referred to child-occupied facilities as a
subset of buildings that EPA had
initially proposed to call ‘‘public
buildings’’ (Ref. 3 at 45780). The
proposed definition of ‘‘public
building’’ in the lead-based paint
activities rulemaking included buildings
that may also be thought of as
commercial buildings, such as office
buildings. In order to avoid any
potential confusion over the scope of
buildings covered by this supplemental
proposal, EPA is proposing to use the
phrase ‘‘public or commercial building’’
to denote buildings generally open to
the public or occupied or visited by
children. Public or commercial
buildings would include stores,
museums, airport terminals, convention
centers, office buildings, restaurants,
hospitals, schools, government
buildings, and day care centers.
EPA is proposing to use the term
‘‘child-occupied facility’’ in this
rulemaking to identify buildings, or
portions of buildings, that would be
covered by the rule, regardless of
whether those buildings are target
housing or public or commercial
buildings. EPA is proposing to use the
term this way to ensure that day care
centers located in target housing would
be covered.
One of the elements of the 2006
Proposal is a provision allowing owners
of target housing to opt out of the rule
if they occupy the housing to be
renovated and there is no child under
age 6 in residence. If this provision were
retained in the final rule, and the
definition of ‘‘child-occupied facility’’
did not apply in target housing, the rule
would not cover child care centers in
owner-occupied target housing where
no children under age 6 reside. To
ensure that these types of day care
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centers are covered, EPA is proposing to
add a sentence to the definition of
‘‘child-occupied facility’’ that states:
‘‘Child-occupied facilities may be
located in target housing or in public or
commercial buildings.’’
b. Child-occupied facilities in target
housing. This supplemental proposal
would cover owner-occupied target
housing that meets the definition of
‘‘child-occupied facility’’ in the same
way that EPA would cover owneroccupied target housing where a child
under age 6 resides. The 2006 Proposal,
in effect, would require a renovation
firm to assume that target housing is the
residence of a child under age 6 unless
the firm obtains a statement signed by
the owner that the owner resides in the
housing to be renovated and no child
under age 6 also resides there. With this
proposal, EPA would require a similar
assumption on the part of the
renovation firm with respect to whether
target housing is also a child-occupied
facility. A renovation firm would be
required to assume that target housing is
either the residence of a child under age
6 or a child-occupied facility unless the
firm obtains a statement signed by the
owner that the owner resides in the
housing to be renovated, no child under
age 6 also resides there, and the housing
is not a child-occupied facility. The
2006 Proposal would cover rental target
housing regardless of the presence of a
child under age 6, so it is not necessary
to require a similar assumption in that
case. EPA believes that it is reasonable
to require renovators to assume that a
child-occupied facility exists in owneroccupied target housing.
An alternative approach would
merely require the renovation firm to
give the owner an opportunity to inform
the firm that child care for children
under age 6 is provided in the housing.
This is the approach that EPA is
proposing to use with respect to
children under age 6 with increased
blood lead levels for the purpose of
determining whether target housing or
child-occupied facilities built between
1960 and 1978 would be covered in the
first phase of the rule. In the 2006
Proposal, EPA did not propose to
require a renovation firm to assume that
a child under age 6 with an increased
blood lead level resides in all target
housing. Rather, the renovation firm
would only be required to provide the
owner and occupant with an
opportunity to inform the firm that such
a child is in residence. Likewise, EPA is
proposing to require a renovation firm
to provide the owner and occupant of a
child-occupied facility with an
opportunity to inform the firm that a
child under age 6 with an increased
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blood lead level uses the facility. If the
firm is so informed, the target housing
or child-occupied facility would be
covered during the first phase of the
rule. If not, and the target housing or
child-occupied facility was built
between 1960 and 1978, it would not be
covered until the second phase of the
rule.
However, EPA is not proposing to
allow renovation firms to assume that a
child-occupied facility is not present in
owner-occupied target housing unless
the owner informs the firm that such a
facility is present. EPA is concerned that
this approach for child care facilities in
target housing would result in a large
number of these facilities being
eliminated from coverage by the
proposed rule. As described in Unit
VI.A. and in the document entitled
‘‘Economic Analysis for the
Supplemental Proposed Rule on ChildOccupied Facilities Under the TSCA
Lead Renovation, Repair, and Painting
Program’’ (‘‘Supplemental Economic
Analysis’’, Ref. 6), EPA estimates that
approximately 1,559,000 of the childoccupied facilities across the country
are located in target housing, of which
an estimated 726,000 were covered by
the 2006 Proposal (either because they
are in rental housing or because they are
in owner-occupied housing where a
child under age 6 resides). This
supplemental proposal will cover an
additional 833,000 child-occupied
facilities located in target housing (i.e.,
in owner-occupied target housing where
no child under age 6 resides). EPA
requests comment on the proposed
requirement that a renovation firm
assume that owner-occupied target
housing contains a child-occupied
facility, and on other possible ways that
a renovation firm could determine
whether a child-occupied facility is
present in target housing.
As discussed in the 2006 Proposal,
the Pre-Renovation Education Rule,
promulgated under the authority of
TSCA section 406(b) and codified at 40
CFR part 745, subpart E, requires
owners and occupants of target housing
to be informed of the potential risks
from renovation projects by providing
them with a lead hazard information
pamphlet. Persons performing
renovations covered by the existing
regulations must already either obtain a
signed acknowledgment from the owner
indicating that the pamphlet has been
received, or a certificate of mailing
indicating that the pamphlet was mailed
at least 7 days before the renovation.
EPA has modified the sample
acknowledgment form it developed for
the 2006 Proposal to add information on
child-occupied facilities. This sample
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could be used to not only record the
owner’s receipt of the lead hazard
information pamphlet, but to obtain
additional information on the housing
to be renovated, its residents, and
whether the housing is a child-occupied
facility (Ref. 7). EPA seeks comment on
this sample acknowledgment, a copy of
which is available in the docket for this
proposed rule and on the Agency’s Web
page athttps://www.epa.gov/lead/pubs/
pre-renovationform.pdf.
c. Child-occupied facilities in public
or commercial buildings. This proposal
would treat child-occupied facilities
that are not in target housing somewhat
differently. As discussed in Unit IV.D.2.,
EPA is proposing to require renovation
firms working in child-occupied
facilities in public or commercial
buildings to distribute lead hazard
information to owners and occupants
and obtain acknowledgments, like those
required under the Pre-Renovation
Education Rule for target housing.
However, EPA is not proposing to
exempt only those projects in public or
commercial buildings where the
renovation firm has obtained a signed
statement by the owner of the building
indicating that no child-occupied
facility is present in the building.
Rather, the firm would be able to
determine whether or not a particular
renovation in a public or commercial
building involves a child-occupied
facility. EPA chose this approach for
two reasons. First, it should be much
easier for the firm to determine whether
it is renovating a child-occupied facility
in a public or commercial building than
it would be for the firm to determine
whether the target housing it is to
renovate is also a child-occupied
facility. A stand-alone day care center is
likely to have a name that suggests that
it provides day care, and the center’s
status as a child-occupied facility
should be obvious upon entering the
center. Day care centers in office
buildings are likely to have
informational signs posted and the
centers are likely to be identified in the
building directory. Elementary schools
are likely to have kindergarten
classrooms. The other reason for not
imposing a requirement for firms to
obtain a signed owner’s statement for
each public or commercial building they
renovate is the burden of such a
requirement. The alternative to allowing
the firm to determine that a particular
building does not contain a childoccupied facility is to require the firm
to obtain signed statements from the
owners of all public or commercial
buildings renovated. These buildings
would include factories, office
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buildings, department stores,
restaurants, and service stations, many
of which do not contain child-occupied
facilities.
Under the proposed approach, the
firm would have to take appropriate
steps to determine whether or not a
building is or contains a child-occupied
facility, including asking the building’s
owner, or the person contracting for the
renovation, whether a child-occupied
facility is present. For example, if a
renovation firm accepts a contract for a
project in an elementary school, the firm
would have to determine whether a
kindergarten classroom was present,
which common areas the kindergarten
children used, and, for exterior projects,
which exterior walls were immediately
adjacent to the kindergarten classroom
and associated common areas. Libraries
and recreational facilities may have
after-care programs that would cause
these buildings to be considered childoccupied facilities; a renovation firm
hired to renovate a building of this type
would have to make inquiries about the
use of the facility by children under age
6. EPA requests comment on its
proposed approach, on the alternative of
exempting only those public or
commercial buildings for which the firm
has obtained a signed statement from
the owner indicating that there is no
child-occupied facility present, and on
any other methods for making the
determination that a child-occupied
facility is or is not present in a public
or commercial building.
d. Applicability based on age of
building. For the purpose of
determining applicability of the
proposed rule, it is EPA’s intention to
treat child-occupied facilities, whether
they are in target housing or public or
commercial buildings, much the same
as covered target housing. For example,
if EPA retains the phase-in approach
discussed previously, the first phase
would cover:
• Target housing where a child
under age 6 with an increased blood
lead level resides.
• Rental target housing built before
1960.
• Owner-occupied target housing
built before 1960 where a child under
age 6 resides.
• Child-occupied facilities used by a
child under age 6 with an increased
blood lead level.
• Child-occupied facilities built
before 1960.
The second phase would add:
• Rental target housing built
between 1960 and 1978.
• Owner-occupied target housing
built between 1960 and 1978 where a
child under age 6 resides.
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• Child-occupied facilities built
between 1960 and 1978.
As discussed in the Supplemental
Economic Analysis (Ref. 6), EPA has
estimated that there are approximately
833,000 child-occupied facilities in
target housing that would be covered by
this proposal. EPA assumes that the
prevalence of lead-based paint in target
housing where child care is provided is
the same as the prevalence of lead-based
paint in target housing as a whole, so
there is no reason to treat these childoccupied facilities differently. In
addition, the First National
Environmental Health Survey of Child
Care Centers indicates that 22% of nonhome-based child care centers built
between 1960 and 1978 contain leadbased paint (Ref. 8). This is slightly less
than the 24% of target housing built
between 1960 and 1978 that contains
lead-based paint, but this difference is
not sufficient to justify a difference in
regulatory applicability.
e. Common areas. The 2006 Proposal
would cover renovations in common
areas in multi-family rental target
housing. EPA requested comment on
whether to exempt renovations in
common areas in owner-occupied multifamily target housing if the renovation
firm has obtained the signature of every
owner with access to the common area,
stating that the units are owneroccupied and no child under age 6 is in
residence. The term ‘‘common area’’ is
defined in 40 CFR 745.223 as ‘‘a portion
of a building that is generally accessible
to all occupants. Such an area may
include, but is not limited to, hallways,
stairways, laundry and recreational
rooms, playgrounds, community
centers, garages, and boundary fences.’’
In order to exempt from this
supplemental proposal a renovation in a
common area in owner-occupied multifamily target housing, EPA is proposing
to require the renovation firm to obtain
the signature of every owner with access
to the common area, stating that, in
addition to the units being owneroccupied with no children under age 6
in residence, no child care for children
under age 6 is provided in the units.
The lead-based paint activities
regulations at 40 CFR part 745, subpart
L, apply to common areas in multifamily target housing as well as to
common areas in child-occupied
facilities. With this supplemental
proposal, EPA is not proposing to cover
all common areas in public or
commercial buildings that contain
child-occupied facilities. Rather, EPA is
most concerned with those common
areas that are actually used by children
under age 6, such as classrooms,
bathrooms, and cafeterias, and not
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common areas that the children merely
pass through. Similarly, EPA is not
proposing to cover all exterior
renovation projects on public or
commercial buildings that contain
child-occupied facilities. EPA is
primarily concerned about the projects
on the exteriors of public or commercial
buildings that are most likely to affect
the children visiting a child-occupied
facility. An exterior renovation project
on the opposite side of a large office
building from the child-occupied
facility within the building is far less
likely to affect the children at the
facility than an exterior renovation
project on the same side of the building
as the children’s outdoor playground.
For this reason, EPA is proposing to
cover only those exterior renovation
projects that are performed on the same
side or sides of the building as the
child-occupied facility or common area.
This proposal would, therefore,
incorporate additional text into the
definition of ‘‘child-occupied facility’’
to clarify the scope of projects
associated with child-occupied facilities
in public or commercial buildings. This
text would read:
In public or commercial buildings that
contain child-occupied facilities, the childoccupied facility encompasses only those
common areas that are routinely used by
children under age 6, such as restrooms and
cafeterias. Common areas that children under
age 6 only pass through, such as hallways,
stairways, and garages, are not included. In
addition, for public or commercial buildings
that contain child-occupied facilities, the
child-occupied facility encompasses only the
exterior sides of the building that are
immediately adjacent to the child-occupied
facility or the common areas routinely used
by children under age 6.
EPA requests comment on the
likelihood that renovation projects in
hallways and stairways, or in rooms not
used by children under age 6, will affect
the children using a child-occupied
facility in a public or commercial
building. EPA also requests comment on
whether all exterior projects on public
or commercial buildings that contain
child-occupied facilities should be
covered, whether all common areas in
such buildings should be covered and
whether hallways, stairways, and other
areas adjacent to rooms used by
children under age 6 should be treated
differently than more remote areas of
the building. EPA is particularly
interested in peer-reviewed studies or
data that shed light on the potential
exposures and hazards to children
under age 6 presented by renovation
projects in areas not used by the
children. EPA also requests other
comments on these limitations,
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including the extent to which States,
Territories, and Tribes with authorized
lead-based paint activities programs
might apply this term differently.
C. Activities Covered by this Proposal
The 2006 Proposal would cover
activities covered by the Pre-Renovation
Education Rule, those activities that
meet the definition of ‘‘renovation’’ in
40 CFR 745.83. In general, renovations
are activities that modify an existing
structure and that result in the
disturbance of painted surfaces. In
addition, like the Pre-Renovation
Education Rule, the 2006 Proposal
would cover only renovations
performed for compensation. This
includes renovations performed by
renovation firms and their employees,
as well as renovations performed by
owners of rental property and their
employees. Although the owner of
rental property may not be compensated
for maintenance and repair work at the
time that the work is performed, tenants
generally pay rent for the right to
occupy a rental unit as well as for
maintenance services in that unit.
Therefore, EPA considers the payment
of rent to be compensation to the owner
of rental property for any renovations
performed on the property.
Likewise, this proposal would only
cover activities that fit within the
definition of ‘‘renovation’’ in 40 CFR
745.83 and that are performed for
compensation in child-occupied
facilities. Compensation includes pay
for work performed, such as that paid to
contractors; wages, such as those paid to
employees of contractors, building
owners, and child-occupied facility
operators; and rent for target housing or
public or commercial building space.
Thus, renovations performed by
renovation contractors and their
employees in child-occupied facilities
would be covered, as would be
renovations by building owners in
child-occupied facilities, if the building
owner receives rent for the childoccupied facility’s space. Renovations
in child-occupied facilities that are
performed by employees of the building
owner or of the child-occupied facility
would be covered if the employees
receive wages or other compensation for
the work performed.
EPA does not, however, consider
child care payments to be compensation
for renovations. EPA believes that an
agreement to provide child care in
exchange for a payment is not a contract
for building maintenance services in the
same way that a lease or other
agreement between a landlord and a
tenant generally is. If EPA were to
consider payments for child care as
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compensation for the purposes of this
regulation, this proposal would cover a
great many do-it-yourself renovations by
the owners of target housing in housing
they own and occupy. In 1994, in Unit
III.B. of the preamble to the proposed
lead-based paint activities regulations,
EPA reviewed section 1021 of the
Residential Lead-Based Paint Hazard
Reduction Act of 1992, the section that
added Title IV to TSCA, and determined
that the emphasis under section 402 of
TSCA ought to be the certification and
training of contractors, not homeowners.
In the course of that review, EPA stated
its belief that TSCA section 402(c)(3),
the section under which this
supplemental proposal is being issued,
shows that ‘‘Congress’’ focus was on the
need to regulate contractors doing
renovation and remodeling activities,
and not homeowners doing renovation
and remodeling of their own homes’’
(Ref. 2). Considering payments for child
care to be compensation for renovations
for the purpose of this supplemental
proposal would make this proposal
inconsistent with Congressional intent.
This proposal would also cover
renovations that are being performed in
order to turn a public or commercial
building, or part of such a building, into
target housing or a child-occupied
facility. EPA has always understood the
lead-based paint activities regulations in
40 CFR part 745, subpart L, to apply to
lead-based paint activities being
conducted as part of the conversion of
a building into target housing or a childoccupied facility. EPA believes that it is
especially important to ensure that
renovations done in preparation for use
by children under age 6 are done in a
lead-safe manner. Therefore, EPA
proposes to add the following sentence
at the end of the definition of
‘‘renovation’’ in 40 CFR 745.83:
A renovation performed for the purpose of
converting a building, or part of a building,
into target housing or a child-occupied
facility is a renovation under this subpart.
EPA is proposing to apply the same
exemptions proposed for target housing
in 2006 to child-occupied facilities. This
proposal would exempt renovations in
child-occupied facilities that affect
components that have been determined
to be free of lead-based paint by a
certified lead-based paint inspector or
risk assessor, or by a certified renovator
using an EPA-approved test kit.
Likewise, minor maintenance and repair
activities in child-occupied facilities
would be exempt. The 2006 Proposal
would limit minor maintenance and
repair activities to those activities that
affect 2 square feet or less of painted
surface per component, the current
limitation in the Pre-Renovation
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Education Rule. However, comment was
requested on whether a different
exemption for small projects should be
used, such as the small project
exception from EPA’s lead-based paint
activities regulations at 40 CFR
745.65(d) and HUD’s Lead-Safe Housing
Rule at 24 CFR 35.1350(d), which
exempt activities that disturb less than
2 square feet of painted surface per
room or 20 square feet of painted
exterior surfaces. Finally, under this
proposal, EPA would apply the same
standard to emergency renovation
operations in child-occupied facilities
as it would under the 2006 Proposal to
target housing. The 2006 Proposal
would require emergency renovations to
be performed in compliance with the
notification, training, certification, and
work practice requirements to the extent
practicable. EPA is still evaluating the
numerous comments it received on this
aspect of the 2006 Proposal, but it is
EPA’s intention to cover emergency
renovations in child-occupied facilities
in the same manner that such
renovations in target housing would be
covered. EPA requests comment on
whether emergency renovation
operations should be treated differently
in child-occupied facilities than in
target housing.
D. Requirements for Renovations in
Child-Occupied Facilities
1. Training, certification,
accreditation, work practice, and
recordkeeping requirements. With this
proposal, EPA would extend the
training, certification, accreditation, and
work practice standard requirements of
the 2006 Proposal to renovations for
compensation in child-occupied
facilities. The 2006 Proposal would
require that renovators be trained in the
use of lead safe work practices, that
renovators and firms be certified, that
providers of renovation training be
accredited, and that renovators follow
renovation work practice standards. The
work practices in the 2006 Proposal
included the posting of warning signs,
isolation of the work area, containment
of waste, cleaning, and post-renovation
cleaning verification. The 2006 Proposal
also would establish a dust sampling
technician discipline and would allow
certified dust sampling technicians to
collect optional dust clearance samples
after renovations. Consult the 2006
Proposal for more information on each
of these proposed requirements (Ref. 1).
The 2006 Proposal described how the
proposed training elements for
renovators as well as most of the
proposed work practice standards were
developed with reference to the EPAHUD model curriculum entitled ‘‘Lead
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Safety for Remodeling, Repair, &
Painting’’ and the technical documents
used to develop the curriculum,
including the ‘‘Guidelines for the
Evaluation and Control of Lead-Based
Paint Hazards in Housing’’ (HUD
Guidelines) developed by HUD as
directed by the Residential Lead-Based
Paint Hazard Reduction Act of 1992
(Ref. 1 at 1608). As discussed in the
Supplemental Economic Analysis for
this proposal (Ref. 6), EPA has
determined that approximately 90% of
the child-occupied facilities that would
be covered by this proposal are located
in target housing. (Roughly half of the
child-occupied facilities in target
housing were covered by the 2006
Proposal either because they are in
rental housing or because they are in
owner-occupied housing where a child
under age 6 resides.) EPA knows of no
reason why the requirements for
renovations conducted in target housing
that is also a child-occupied facility
should be different from the
requirements in the 2006 Proposal for
renovations in rental target housing and
target housing where children under age
6 reside.
EPA also believes that the training,
certification, accreditation, work
practice, and recordkeeping
requirements of the 2006 Proposal are
equally applicable to renovations
conducted in child-occupied facilities
in public or commercial buildings. The
HUD Guidelines were also used to
develop the required training elements
in 40 CFR 745.225 for certified leadbased paint activities professionals,
such as abatement supervisors and
workers. These individuals, after
completing the required training and
being certified by EPA, may perform
abatements in child-occupied facilities
as well as in target housing. Likewise,
EPA specifically referenced the HUD
Guidelines in 40 CFR 745.227(a)(3) in
describing the methods that certified
professionals must follow in performing
lead-based paint activities in target
housing or in child-occupied facilities.
Thus, EPA did not distinguish between
target housing and child-occupied
facilities in designing the training,
certification, and accreditation
requirements of the lead-based paint
activities regulations. In addition, the
only way that EPA distinguished
between child-occupied facilities and
multi-family target housing in the work
practice requirements of 40 CFR 745.227
was in incorporating special
instructions at 40 CFR 745.227(d)(7) for
dust sampling in child-occupied
facilities when performing a risk
assessment. In promulgating the lead-
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based paint activities regulations under
TSCA section 402(a), EPA determined
that the same training, certification, and
accreditation requirements would apply
in target housing and child-occupied
facilities. In addition, EPA found that
the same work practice requirements
would be equally reliable, effective and
safe in target housing and childoccupied facilities. EPA noted that
commenters did not support the
development of different sets of work
practices for target housing and childoccupied facilities.
In late 2006, EPA conducted an
additional renovation study, which was
designed to characterize dust lead levels
at various stages of renovation projects.
As part of this study, renovation
projects were performed in childoccupied facilities in public or
commercial buildings. In a March 16,
2007 Notice of Availability (Ref. 9), EPA
described its intention to consider the
results of its Dust Study (Ref. 10), along
with the NAHB Survey (Ref. 11), in the
development of the final rule. In the
March 2007 notice, EPA requested
comment from the public on the work
practice provisions of the 2006 Proposal
in light of the results of these studies.
TSCA section 402(a)(1) directs EPA to
promulgate regulations that, among
other things, contain standards for
performing lead-based paint activities,
taking into account reliability,
effectiveness, and safety. In revising
those regulations to apply to renovation
activities in child-occupied facilities,
EPA is proposing to find that the same
work practice requirements would be
equally reliable, effective, and safe in
target housing and child-occupied
facilities. EPA therefore is proposing to
extend the work practice standards of
the 2006 Proposal to firms and
individuals performing renovations in
child-occupied facilities. This proposal
would also impose the training,
certification, accreditation, work
practice and recordkeeping
requirements of the 2006 Proposal on
firms and individuals performing
renovations in child-occupied facilities,
because EPA has determined that the
same requirements should apply in
child-occupied facilities and target
housing. EPA requests comment on
these proposed findings. EPA also
invites commenters to identify peerreviewed studies and data, of which
EPA may not be aware, that shed light
on potential differences between
renovations in target housing and
renovations in child-occupied facilities.
EPA remains concerned about the
potential exposures to lead hazards that
may be created by untrained
homeowners doing work in the presence
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of lead-based paint. EPA specifically
requests comment on whether any
aspects of the proposed requirements,
such as training, certification, work
practices, or recordkeeping, should be
modified to make compliance more
feasible for target housing owneroccupants who provide child care for
compensation and who choose to
undertake their own renovations.
2. Information distribution
requirements. TSCA section 406(b)
directs EPA to promulgate regulations
requiring that every person who
performs renovations for compensation
in target housing provide a lead-hazard
information pamphlet to the owner and
the occupant of the housing before the
renovation commences. The PreRenovation Education Rule, which
implements this directive, was
promulgated in 1998 and codified at 40
CFR part 745, subpart E. Much of the
proposed regulatory text in the 2006
Proposal would be codified in that
subpart along with the existing
information distribution regulations.
Under today’s proposal, firms and
individuals performing renovations for
compensation in target housing,
whether or not the target housing
contains a child-occupied facility,
would still be required to provide the
lead-hazard information pamphlet as
required by TSCA section 406(b) and its
implementing regulations. Today’s
proposal would also require a similar
information distribution for renovation
projects in child-occupied facilities in
public or commercial buildings. EPA
has previously used the authority of
TSCA section 407 to impose notification
requirements for lead-based paint
training course providers and for firms
performing lead-based paint abatements
(Ref. 12). TSCA section 407 authorizes
EPA to promulgate recordkeeping or
reporting requirements as necessary for
the effective implementation of TSCA
Title IV. EPA finds that the distribution
of lead hazard information, before
renovation projects begin, to the owners
and occupants of child-occupied
facilities as well as the owners of public
or commercial buildings that contain
child-occupied facilities is necessary to
ensure effective implementation of this
proposed regulation. Information on
lead hazards, and lead safe work
practices that minimize the creation of
hazards, will stimulate interest on the
part of child-occupied facilities and
public or commercial building owners
in these work practices and increase the
demand for their use. In addition,
providing information to the parents
and guardians of children frequenting
child-occupied facilities will enable the
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parents and guardians to make decisions
regarding their children’s welfare.
Under this proposal, unless they own
the building being renovated, firms and
individuals performing renovation
projects in child-occupied facilities
would be required to provide a lead
hazard information pamphlet to the
owner of the building and either obtain
a signed acknowledgment that the
owner received the pamphlet or
document through a certificate of
mailing that the pamphlet was mailed to
the owner at least 7 days, but no more
than 60 days, before the date that the
renovation begins. In addition, if the
renovation is not being performed by
the entity that operates the childoccupied facility, a lead hazard
information pamphlet must be provided
to an adult representative of the childoccupied facility and a signed
acknowledgment obtained, the reason
for the lack of a signed acknowledgment
documented, or a certificate of mailing
obtained. EPA is also proposing to
require that the renovation firm either
distribute the pamphlet and general
information on the renovation project to
the parents or guardians of children
using the facility or post, while the
project is ongoing, informational signs
describing the general nature and
locations of the project and the
anticipated completion date. These
signs must be posted in areas where
they can be seen by the parents or
guardians of the children frequenting
the child-occupied facility. The signs
must be accompanied by a posted copy
of the lead hazard information pamphlet
or information on how interested
parents and guardians can review a
copy of the pamphlet or obtain a copy
from the renovation firm at no cost to
the parents or guardians. EPA requests
comment on the utility of this kind of
information for child-occupied facilities
and public or commercial building
owners, and on the usefulness of
informational signs for parents and
guardians of children visiting the childoccupied facility.
E. State Renovation Model Program and
Authorization Process
As described in Unit IV.F. of the 2006
Proposal, EPA would give interested
States, Territories, and Indian Tribes the
opportunity to apply for, and receive
authorization to administer and enforce
all of the elements of the revised 40 CFR
part 745, subpart E (Ref. 1 at 1616). This
would include the existing elements of
subpart E, the Pre-Renovation Education
Rule, as well as the new training,
certification, accreditation, work
practice, and recordkeeping
requirements of the proposed
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renovation, repair, and painting
program. The 2006 Proposal would
allow States, Territories and Tribes to
choose to administer and enforce just
the existing requirements of subpart E,
the pre-renovation education elements,
or all of the requirements of the
proposed subpart E, as amended. EPA
did not propose to allow States,
Territories, and Tribes to seek
authorization to administer and enforce
only the training, certification,
accreditation, work practice, and
recordkeeping requirements of the 2006
Proposal and not the pre-renovation
education provisions of existing subpart
E.
This supplemental proposal would
not fundamentally change the
authorization scheme in the 2006
Proposal. Interested States, Territories,
and Indian Tribes would still be given
the opportunity to apply for, and receive
authorization to, administer and enforce
just the pre-renovation education
provisions of revised 40 CFR part 745,
subpart E, or both the pre-renovation
education provisions and the training,
certification, accreditation, work
practice, and recordkeeping provisions
of subpart E, as amended. However, this
supplemental proposal would mean that
States, Territories, and Tribes that wish
to administer and enforce the prerenovation education provisions of
subpart E, as amended, would have to
include both target housing and childoccupied facilities within the scope of
their program. Similarly, States,
Territories, and Tribes that are also
interested in obtaining authorization to
administer and enforce the training,
certification, accreditation, work
practice, and recordkeeping elements of
subpart E, as amended, would have to
include both target housing and childoccupied facilities within the scope of
their program. States with existing
authorized pre-renovation education
programs would be required to
demonstrate that they have modified
their programs to include childoccupied facilities. These States would
have to provide this demonstration in
the first report that they submit
pursuant to 40 CFR 745.324(h) more
than one year after the final rule is
promulgated.
V. References
1. U.S. Environmental Protection
Agency (USEPA). Lead; Renovation,
Repair, and Painting Program: Proposed
Rule. Federal Register (71 FR 1587,
January 10, 2006).
2. USEPA. Lead; Requirements for
Lead-Based Paint Activities: Proposed
Rule. Federal Register (59 FR 45872,
September 2, 1994).
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3. USEPA. Lead; Requirements for
Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities:
Final Rule. Federal Register (61 FR
45778, August 29, 1996).
4. USEPA. Lead; Identification of
Dangerous Levels of Lead: Final Rule.
Federal Register (66 FR 1206, January 5,
2001).
5. U.S. Department of Housing and
Urban Development (HUD). National
Survey of Lead and Allergens in
Housing, Volume I: Analysis of Lead
Hazards, Final Report, Revision 7.1.
(October 31, 2002).
6. USEPA, Office of Pollution
Prevention and Toxics (OPPT).
Economic Analysis for the
Supplemental Proposed Rule on ChildOccupied Facilities Under the TSCA
Lead Renovation, Repair, and Painting
Program (January 2007).
7. USEPA, OPPT. Sample
acknowledgment form (2007).
8. HUD. First National Environmental
Health Survey of Child Care Centers,
Volume I: Analysis of Lead Hazards,
Final Report. (July 15, 2003).
9. USEPA. Lead; Renovation, Repair,
and Painting Program; Notice of
Availability. Federal Register (72 FR
12582, March 16, 2007).
10. USEPA, Office of Pollution
Prevention and Toxics (OPPT).
Characterization of Dust Lead Levels
after Renovation, Repair, and Painting
Activities; Draft Final Report (January
2007).
11. National Association of Home
Builders. Lead Safe Work Practice
Survey Project Report (November 2006).
12. USEPA. Lead; Notification
Requirements for Lead-Based Paint
Abatement Activities and Training:
Final Rule. Federal Register (69 FR
18489, April 8, 2004).
13. USEPA, Office of Pollution
Prevention and Toxics (OPPT).
Economic Analysis for the Renovation,
Repair, and Painting Program Proposed
Rule (February 2006).
14. USEPA. Second Proposed Rule
Related Addendum to Existing EPA ICR
entitled: TSCA section 402/404 Training
and Certification, Accreditation, and
Standards for Lead-Based Paint
Activities (January 2007).
15. ASTM International. Standard
Practice for Clearance Examinations
Following Lead Hazard Reduction
Activities in Single-Family Dwellings
and Child-Occupied Facilities (E 227105).
16. ASTM International. Standard
Guide for Evaluation, Management, and
Control of Lead Hazards in Facilities (E
2052-99).
17. ASTM International. Standard
Practice for Evaluating the Performance
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VI. Statutory and Executive Order
Reviews
A. Executive Order 12866
Under Executive Order 12866,
entitled ‘‘Regulatory Planning and
Review’’ (58 FR 51735, October 4, 1993),
it has been determined that this
supplemental proposed rule is a
‘‘significant regulatory action’’ under
section 3(f)(1) of the Executive Order
because EPA estimates that, when
considered in conjunction with the 2006
proposal, it will have an annual effect
on the economy of $100 million or
more. Accordingly, this action was
submitted to the Office of Management
and Budget (OMB) for review under
Executive Order 12866 and any changes
made based on OMB recommendations
have been documented in the public
docket for this rulemaking as required
by section 6(a)(3)(E) of the Executive
Order.
In addition, EPA has prepared an
analysis of the potential costs and
benefits associated with this proposed
rulemaking. This analysis is contained
in the Supplemental Economic Analysis
(Ref. 6), which is available in the docket
for this action and is briefly summarized
here.
1. Types of facilities. This
supplemental proposed rule applies to
an estimated 930,000 child-occupied
facilities, of which approximately
833,000 are in target housing where
child care is provided. The 2006
Proposal covered child-occupied
facilities in rental housing and in
owner-occupied housing where a child
under age 6 resides. This supplemental
proposed rule covers additional childoccupied facilities that were not covered
by the 2006 Proposal because they are
located in target housing where no child
under age 6 resides. This supplemental
proposal also applies to child-occupied
facilities in public or commercial
buildings.
2. Options evaluated. EPA considered
a variety of options for addressing the
risks presented by renovation, repair,
and painting actions where lead-based
paint is present. The Supplemental
Economic Analysis analyzed several
different options for the rule. Option A
applies to renovation, repair, and
painting activities performed for
compensation in all child-occupied
facilities built before 1978. Option B has
2 phases. The first phase applies to
child-occupied facilities built before
1960 as well as child-occupied facilities
built between 1960 and 1978 that are
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used by a child under age 6 with an
increased blood lead level. The second
phase, which takes effect a year after the
first phase, adds the remaining childoccupied facilities built between 1960
and 1978. Option C also has 2 phases.
The first phase applies to childoccupied facilities built before 1950,
and the second phase, which takes
effect a year after the first phase, applies
to child-occupied facilities built before
1978. Option D covers the same
facilities and phases as Option B, and
differs only in the amount of flexibility
allowed a certified renovator in
selecting appropriate work practices for
each individual job. Option D prescribes
the practices to be followed, so does not
provide flexibility. Option E has the
same phases as Option B, but considers
child care payments to be compensation
for renovations. Thus, for example, this
option covers a renovation by a
homeowner in owner-occupied target
housing if the housing qualifies as a
child-occupied facility and the
homeowner provides paid child care.
The proposed rule is Option B.
3. Number of events and individuals
affected. Under the supplemental
proposal, in Phase 1 there will be
243,000 events in child-occupied
facilities where lead-safe work practices
will be used due to the rule. As a result,
there will be approximately 633,000
exposures avoided in children under
age 6. In Phase 2, lead-safe work
practices will be used in about 140,000
events as a result of the supplemental
proposed rule. About 916,000 exposures
will be avoided in children under age 6
each year as a result. There will also be
about 166,000 exposures avoided in
adults in Phase 1, and about 224,000 per
year in Phase 2. The affected adults are
the staff of child-occupied facilities in
public or commercial buildings (such as
schools and day care centers) and the
residents of target housing where child
care is provided.
4. Benefits. The Supplemental
Economic Analysis describes the
estimated benefits of the proposed
rulemaking in qualitative and
quantitative terms. Benefits result from
the prevention of adverse health effects
attributable to lead exposure. These
health effects include impaired
cognitive function in children and
several illnesses in children and adults.
One of the stated purposes of Title X is
to prevent childhood lead poisoning.
EPA considered the potential benefits to
children separately from adults, because
the reduction in the threat of childhood
lead poisoning is a focus of Title X, and
because of uncertainties about the
exposure of adults to lead in dust from
renovation, repair, and painting
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activities in these facilities, and the
resulting health effects. The Agency
specifically seeks comment on its
consideration of potential benefits to
both children and adults, as well as
comments and information about the
potential uncertainties associated with
adult exposures and health effects.
Quantifying the adverse health effects
associated with renovation, repair, and
painting projects involves 4 steps: first,
estimating the amount of lead
contamination due to the renovation
project under various assumptions
about cleaning; second, estimating the
blood-lead levels resulting from this
contamination; third, estimating the
adverse health effects (such as loss in IQ
points) due to increased blood-lead
levels using dose-response functions;
and fourth, assigning medical costs,
reduced income, or another proxy for
willingness-to-pay to avoid the adverse
health effects.
The Supplemental Economic Analysis
estimates the benefits of avoided
incidence of IQ loss due to reduced lead
exposure to children. The analysis was
limited to the avoided incidence of IQ
loss because there are not sufficient data
at this time to develop dose-response
functions for other health effects in
children. The Supplemental Economic
Analysis provides six alternative
estimates of children’s benefits,
depending on which of two models is
used to relate exposure to blood-lead
levels, which of two age groups the
model is applied to, and which of two
exposure metrics is used. Furthermore,
benefits are estimated using two
different scenarios for cleaning
assumptions. The range of benefits
estimates described below reflects the
minimum and maximum of the six
alternative blood-lead estimates and the
two cleaning scenarios. The benefits of
avoided exposure to adults were not
quantified due to uncertainties about
the estimation of such exposure.
Depending on which blood-lead
model and exposure assumptions are
used, the quantified IQ benefits to
children for the supplemental proposed
rule range from $64 million to $257
million per year when annualized using
a 3% discount rate, and from $68
million to $272 million per year when
using a 7% discount rate. The estimated
benefits for the other options range from
$64 million to $386 million using a 3%
discount rate and from $67 million to
$408 million using a 7% discount rate.
There are additional unquantified
benefits, including avoided health
effects in adults.
5. Costs. The Supplemental Economic
Analysis estimates the potential costs of
complying with the training,
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certification, and work practice
requirements in the supplemental
proposed rule. Costs may be incurred by
child-occupied facilities that use their
own staff for renovation, repair, and
painting events; landlords that use their
own staff for renovation, repair, and
painting events in public or commercial
buildings that they lease to childoccupied facilities; and contractors that
perform renovation, repair, and painting
work for compensation in childoccupied facilities.
The supplemental proposed rule, if
finalized as proposed, is estimated to
result in a total potential cost of $53
million in Phase 1. The 50–year
annualized costs provide a measure of
the steady-state cost. Annualized costs
of the supplemental proposed rule are
estimated to be $39 million per year
using a 3% discount rate and $43
million per year using a 7% discount
rate. Annualized costs for the other
options range from $39 million to $92
million per year using a 3% discount
rate and $42 million to $102 million per
year using a 7% discount rate.
6. Net benefits. Net benefits are the
difference between benefits and costs.
The supplemental proposed rule, if
finalized as proposed, is estimated to
result in potential net benefits of $1
million to $157 million in Phase 1 based
on children’s benefits alone. The 50–
year annualized net benefits for the
proposed rule based on children’s
benefits are estimated to be $25 million
to $218 million per year using a 3%
discount rate and $25 million to $229
million per year using a 7% discount
rate. The net benefits for the other
options range from -$8 million to $293
million per year using a 3% discount
rate and -$12 million to $306 million
per year using a 7% discount rate. There
are additional unquantified benefits,
including avoided health effects in
adults, that are not included in the net
benefits estimates.
7. Request for comment. To improve
the analysis for the final rule, the
Agency conducted a number of
sensitivity analyses in its Supplemental
Economic Analysis (Ref. 6). These
analyses examined the sensitivity of the
overall costs and benefits of the rule to
selected parameters which appear to be
important and for which relatively few
supporting data are available. These
include alternative assumptions
regarding compliance with this rule, the
effectiveness of daily cleaning, areas of
schools other than pre-kindergarten and
kindergarten classrooms that are
routinely used by children under age 6,
the number of unscheduled
maintenance events in child-occupied
facilities in public or commercial
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buildings, the effectiveness of current
work practices in child-occupied
facilities in public or commercial
buildings, and how lead loadings from
renovation events may vary with the age
of a building. The Agency is specifically
interested in comments on these
sensitivity analyses and supporting
information, particularly peer-reviewed
studies and data, on the following
questions related to the Agency’s
analysis:
• How often are unplanned
maintenance activities that would be
covered by this supplemental proposal
performed in child care centers and
schools?
• How often are classrooms in childoccupied facilities in public or
commercial buildings swept and how
often are they mopped? Do janitorial
staff use single bucket mopping or the
two bucket mopping method required
by the rule and how frequently do they
change the water? What are the
efficiencies of the various cleaning
methods?
• What share of the renovations in
schools and child care centers use work
practices required by this supplemental
proposal, and which particular work
practices do they use?
• How do renovations performed by
contractors and those performed by
homeowners differ, particularly with
respect to the frequency with which
work practices required by this proposal
are already being used and the expected
compliance rates if homeowner
renovations were covered by the
regulation? (This supplemental proposal
would not cover persons who perform
renovations in housing that they own
and occupy, but one of the regulatory
options evaluated in EPA’s
Supplemental Economic Analysis
covered renovations by homeowners
who provide child care for
compensation in their homes.)
• When estimating the lead loadings
from renovations, how should EPA’s
analysis take into account variations in
the amount of lead in paint by
component type and building age?
B. Paperwork Reduction Act
The information collection
requirements contained in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 USC 3501 et seq. An Information
Collection Request (ICR) document
prepared by EPA, an amendment to an
existing ICR and referred to as the
Second ICR Addendum (EPA ICR No.
1715.08, OMB Control Number 20700155) has been placed in the public
docket for this proposed rule (Ref. 14).
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An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations codified
in Chapter 40 of the CFR, after
appearing in the preamble of the final
rule, are listed in 40 CFR part 9, are
displayed either by publication in the
Federal Register or by other appropriate
means, such as on the related collection
instrument or form, if applicable. The
display of OMB control numbers in
certain EPA regulations is consolidated
in 40 CFR part 9.
The new information collection
activities contained in this
supplemental proposed rule are
designed to assist the Agency in meeting
the core objectives of TSCA section 402,
including ensuring the integrity of
accreditation programs for training
providers, providing for the certification
of renovators, and determining whether
work practice standards are being
followed. EPA has carefully tailored the
proposed recordkeeping and
recordkeeping requirements so they will
permit the Agency to achieve statutory
objectives without imposing an undue
burden on those firms that choose to be
involved in renovation, repair, and
painting activities.
Burden under the PRA means the
total time, effort, or financial resources
expended by persons to generate,
maintain, retain, disclose or provide
information to or for a Federal agency.
This includes the time needed to review
instructions; develop, acquire, install,
and utilize technology and systems for
the purposes of collecting, validating,
and verifying information, processing
and maintaining information, and
disclosing and providing information;
adjust the existing ways to comply with
any previously applicable instructions
and requirements; train personnel to be
able to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
Under this supplemental proposal,
the new information collection
requirements may affect training
providers and firms that perform
renovation, repair, or painting for
compensation in child-occupied
facilities. Although these firms have the
option of choosing to engage in the
covered activities, once a firm chooses
to do so, the information collection
activities contained in this rule become
mandatory for that firm.
The ICR document provides a detailed
presentation of the estimated burden
and costs for 3 years of the program. The
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aggregate burden varies by year due to
changes in the number of firms that will
seek certification each year. The burden
and cost to training providers and firms
engaged in renovation, repair, and
painting activities is summarized in this
section.
There are an average of 145 training
providers that are estimated to incur
burden to notify EPA (or an authorizing
State, Tribe, or Territory) before and
after training courses. The average
burden for training provider
notifications as a result of the
supplemental proposed rule is
estimated at 7 to 18 hours per year,
depending on the number of additional
training courses provided. Total training
provider burden is estimated to average
1,700 hours per year.
There are an average of 38,000 firms
estimated to become certified to engage
in renovation, repair, or painting
activities in child-occupied facilities
under the supplemental proposed rule.
The average certification burden is
estimated to be 3.5 hours per firm in the
year a firm is initially certified, and 0.5
hours in years that it is re-certified
(which occurs every 3 years). Firms
must also distribute lead hazard
information to the owners and
occupants of public or commercial
buildings that contain child-occupied
facilities. Finally, firms must keep
records of the work they perform in
child-occupied facilities; this
recordkeeping is estimated to typically
take approximately 5 hours per year.
Total burden for these firms is estimated
to average 280,000 hours per year.
Total respondent burden as a result of
the supplemental proposed rule during
the period covered by the ICR is
estimated to average approximately
281,000 hours per year.
There are also government costs to
administer the program. States, Tribes,
and Territories are allowed, but are
under no obligation, to apply for and
receive authorization to administer
these proposed requirements. EPA will
directly administer programs for States,
Tribes, and Territories that do not
become authorized. Because the number
of States, Tribes, and Territories that
will become authorized is not known,
administrative costs are estimated
assuming that EPA will administer the
program everywhere. To the extent that
other government entities become
authorized, EPA’s administrative costs
will be lower.
Direct your comments on the
Agency’s need for this information, the
accuracy of the provided burden
estimates, and any suggested methods
for minimizing respondent burden,
including the use of automated
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collection techniques, to EPA using the
public docket that has been established
for this proposed rule (Docket ID No.
EPA–HQ–OPPT–2005–0049). In
addition, send a copy of your comments
about the ICR to OMB at: Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th St., NW., Washington, DC 20503,
Attention: Desk Office for EPA. Since
OMB is required to complete its review
of the ICR between 30 and 60 days after
June 5, 2007, please submit your ICR
comments for OMB consideration to
OMB by July 5, 2007.
The Agency will consider and address
comments received on the information
collection requirements contained in
this proposal when it develops the final
rule.
C. Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act (RFA), 5 U.S.C.601 et
seq., and the Agency’s long-standing
policy of always considering whether
there may be a potential for adverse
impacts on small entities, the Agency
has evaluated the potential small entity
impacts of its 2006 Proposal and this
supplemental proposal. The Agency’s
analysis of the potentially adverse
economic impacts of this supplemental
proposal is contained in the
Supplemental Economic Analysis (Ref.
6). The analysis of the potentially
adverse economic impacts of the 2006
Proposal is contained in the document
entitled ‘‘Economic Analysis for the
Renovation, Repair, and Painting
Program Proposed Rule’’ (Ref. 13).
Because EPA intends to promulgate a
single final rule that encompasses both
the 2006 Proposal and this
supplemental proposal, EPA has
evaluated the small entity impacts for
the combined effects of the two
proposals. The initial regulatory
flexibility analysis was reviewed in the
preamble to the 2006 Proposal. This
analysis has been revised to include
information on this supplemental
proposal. The following is an overview
of the revised analysis.
1. Legal basis and objectives for the
proposed rule. As discussed in Unit
IV.A. of this preamble, TSCA section
402(c)(2) directs EPA to study the extent
to which persons engaged in renovation,
repair, and painting activities are
exposed to lead or create lead-based
paint hazards regularly or occasionally.
After concluding this study, TSCA
section 402(c)(3) further directs EPA to
revise its lead-based paint activities
regulations under TSCA section 402(a)
to apply to renovation or remodeling
activities that create lead-based paint
hazards. Because EPA’s study found
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that activities commonly performed
during renovation and remodeling
create lead-based paint hazards, EPA is
proposing to revise the TSCA section
402(a) regulatory scheme to apply to
individuals and firms engaged in
renovation, repair, and painting
activities. The primary objective of the
combined proposals is to prevent the
creation of new lead-based paint
hazards from renovation, repair, and
painting activities in housing where
children under age 6 reside and in
housing or other buildings frequented
by children under age 6.
2. Potentially affected small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of this
proposed rule on small entities, small
entity is defined in accordance with
section 601 of the RFA as:
(1) A small business as defined by the
Small Business Administration’s (SBA)
regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town, school
district, or special district with a population
of less than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently owned
and operated and is not dominant in its field.
The small entities that are potentially
directly regulated by this proposed rule
include: small businesses (including
contractors and non-residential property
owners and managers); small nonprofits (certain daycare centers and
private schools); and small governments
(school districts).
In determining the number of small
businesses affected by the proposed
rule, the Agency applied U.S. Economic
Census data to the SBA’s definition of
small business. However, applying the
U.S. Economic Census data 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 $13 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,
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revenue bracket would underestimate
the number of small businesses affected
by the proposed rule while at the same
time overestimating the impacts.
Similar issues arose in estimating the
fraction of non-residential commercial
property owners and managers that are
small businesses. For other sectors (nonprofits operating daycare centers or
private schools), EPA assumed that all
affected firms are small, which may
overestimate the number of small
entities affected by the rule. The Agency
requests comments and information
regarding available data to better
estimate the number of small entities
affected by the rule.
The vast majority of entities in the
industries affected by this rule are
small. Using EPA’s estimates, when the
supplemental proposal is combined
with the 2006 Proposal, the renovation,
repair, and painting program will affect
an average of approximately 186,000
small entities.
3. Potential economic impacts on
small entities. EPA evaluated two
factors in its analysis of the rule’s
requirements on small entities, the
number of firms that would experience
the impact, and the size of the impact.
Annual compliance costs as a
percentage of annual revenues were
used to assess the potential impacts of
the rule on small businesses and small
governments. This ratio is a good
measure of entities’ ability to afford the
costs attributable to a regulatory
requirement, because comparing
compliance costs to revenues provides a
reasonable indication of the magnitude
of the regulatory burden relative to a
commonly available measure of
economic activity. Where regulatory
costs represent a small fraction of a
typical entity’s revenues (for example,
less than 1%, and not greater than 3%),
the financial impacts of the regulation
on such entities may be considered as
not significant. For non-profit
organizations, impacts were measured
by comparing rule costs to the
organization’s annual expenditures.
When expenditure data were not
available, however, revenue information
was used as a proxy for expenditures. It
is appropriate to calculate the impact
ratios using annualized costs, because
these costs are more representative of
the continuing costs entities face to
comply with the rule.
EPA estimates that there are an
average of 186,000 small entities that
would be affected by the combined
renovation, repair, and painting
activities program. Of these, there are an
estimated 163,000 small businesses with
an average impact of 0.9%, 17,000 small
non-profits with an average impact of
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0.1%, and 6,000 small governments
with an average impact of 0.004%.
4. Relevant Federal rules. The
proposed requirements in this
rulemaking will fit within an existing
framework of other Federal regulations
that address lead-based paint.
The Pre-Renovation Education Rule,
discussed in Unit IV.A.2. of this
preamble, requires renovators to
distribute a lead hazard information
pamphlet to owners and occupants
before conducting a renovation in target
housing. This proposal has been
carefully crafted to harmonize with the
existing pre-renovation education
requirements.
Disposal of waste from renovation
projects that would be regulated by this
proposal is covered by the Resource
Conservation and Recovery Act (RCRA)
regulations for solid waste. This
proposal does not contain specific
requirements for the disposal of waste
from renovations.
HUD has extensive regulations that
address the conduct of interim controls,
as well as other lead-based paint
activities, in Federally assisted housing.
Some of HUD’s interim controls would
be regulated under this proposal as
renovations, depending upon whether
the particular interim control measure
disturbs more than the threshold
amount of paint. In most cases, the HUD
regulations are comparable to, or more
stringent than this proposal. In general,
persons performing HUD-regulated
interim controls must have taken a
course in lead-safe work practices,
which is also a requirement of this
proposal. However, this proposal would
not require dust clearance testing, a
process required by HUD after interim
control activities that disturb more than
a minimal amount of lead-based paint.
Finally, OSHA’s Lead Exposure in
Construction standard covers potential
worker exposures to lead during many
construction activities, including
renovation, repair, and painting
activities. Although this standard may
cover many of the same projects as
today’s proposal, the requirements
themselves do not overlap. The OSHA
rule addresses the protection of the
worker, this EPA proposal addresses the
protection of the building occupants,
particularly children under age 6.
5. Skills needed for compliance. This
proposal would establish requirements
for training renovators and dust
sampling technicians; certifying
renovators, dust sampling technicians,
and entities engaged in renovation,
repair, and painting activities;
accrediting providers of renovation and
dust sampling technician training; and
for renovation work practices.
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Renovators and dust sampling
technicians would have to take a course
to learn the proper techniques for
accomplishing the tasks they will
perform during renovations. These
courses are intended to provide them
with the information they would need
to comply with the rule based on the
skills they already have. Entities would
be required to apply for certification to
perform renovations; this process does
not require any special skills other than
the ability to complete the application.
They would also need to document the
work they have done during
renovations. This does not require any
special skills. Training providers must
be knowledgeable about delivering
technical training. Training providers
would be required to apply for
accreditation to offer renovator and dust
sampling technician courses. They
would also be required to provide prior
notification of such courses and provide
information on the students trained after
each such course. Completing the
accreditation application and providing
the required notification information
does not require any special skills.
6. Small Business Advocacy Review
Panel. Since the earliest stages of
planning for this regulation under
Section 402(c)(3) of TSCA, EPA has
been concerned with potential small
entity impacts. EPA conducted outreach
to small entities, and, in 1999, convened
a Small Business Advocacy Review
Panel to obtain advice and
recommendations of representatives of
the small entities that would potentially
be subject to this regulation’s
requirements. At that time, EPA was
planning an initial regulation that
would apply to renovations in target
housing, with requirements for public
and commercial building renovations,
including child-occupied facility
renovations, to follow at a later date.
The small entity representatives (SERs)
chosen for consultation reflect that
initial emphasis. They included
maintenance and renovation
contractors, painting and decorating
contractors, multi-family housing
owners and operators, training
providers/consultants, and
representatives from several national
contractor associations, the National
Multi-Housing Council, and the
National Association of Home Builders.
After considering the existing leadbased paint activities regulations, and
taking into account preliminary
stakeholder feedback, EPA identified
eight key elements of a potential
renovation and remodeling regulation
for the Panel’s consideration. These
elements were:
• Applicability and scope.
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• Firm certification.
• Individual training and
certification.
• Accreditation of training courses.
• Work practice standards.
• Prohibited practices.
• Exterior clearance.
• Interior clearance.
EPA also developed several options
for each of these key elements. Although
the scope and applicability options
specifically presented to the Panel
covered only target housing, background
information presented to the SERs and
to the Panel members shows that EPA
was also considering a regulation
covering child-occupied facilities. More
information on the Panel, its
recommendations, and how EPA
implemented them in the development
of the program, are provided in Unit
VIII.C.6 of the preamble to the 2006
Proposal (Ref. 1).
EPA invites comments on all aspects
of the supplemental proposal and its
impacts on small entities.
D. Unfunded Mandates Reform Act
Under Title II of the Unfunded
Mandates Reform Act (UMRA) (Public
Law 104–4), EPA has determined that
when this supplemental proposed rule
is considered by itself, it does not
contain a Federal mandate that may
result in expenditures that exceed the
inflation-adjusted UMRA threshold of
$100 million in any 1 year by the
private sector or by State, local, and
Tribal governments in the aggregate.
(When adjusted for inflation, the value
of the UMRA threshold is over $118
million.) However, when considered in
conjunction with the 2006 Proposal, the
combined requirements will result in
annual expenditures by the private
sector above the UMRA threshold.
Accordingly, EPA has prepared a
written statement under section 202 of
the UMRA which has been placed in the
public docket for this rulemaking and is
summarized here.
1. Authorizing legislation. This
proposal is issued under the authority of
TSCA sections 402(c)(3) and 404.
2. Cost-benefit analysis. EPA has
prepared an analysis of the costs and
benefits associated with this
supplemental proposal, a copy of which
is available in the docket for this
rulemaking (Ref. 6). The Supplemental
Economic Analysis presents the costs of
the proposal as well as various
regulatory options and is summarized in
Unit VII.A. of this preamble. EPA has
estimated that the total annualized costs
of this supplemental proposal when
using a 3% discount rate are $39 million
per year, and that benefits are $64
million to $257 million per year. Using
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a 7% discount rate, costs are $43
million per year and benefits are $68
million to $272 million per year.
3. State, local, and Tribal government
input. EPA has sought input from State,
local and Tribal government
representatives throughout the
development of the renovation, repair,
and painting program. EPA’s experience
in administering the existing lead-based
paint activities program under TSCA
section 402(a) suggests that these
governments will play a critical role in
the successful implementation of a
national program to reduce exposures to
lead-based paint hazards associated
with renovation, repair, and painting
activities. Consequently, as discussed in
Unit III.C.2. of the preamble to the 2006
Proposal (Ref. 1), the Agency has met
with State, local, and Tribal government
officials on numerous occasions to
discuss renovation issues.
4. Least burdensome option. EPA
considered a wide variety of options for
addressing the risks presented by
renovation activities where lead-based
paint is present. The Supplemental
Economic Analysis analyzed several
different options for the scope of the
supplemental rule. As part of the
development of the renovation, repair,
and painting program, EPA has
considered different options for the
scope of the rule, various combinations
of training and certification
requirements for individuals who
perform renovations, various
combinations of work practice
requirements, and various methods for
ensuring that no lead-based paint
hazards are left behind by persons
performing renovations. Additional
information on the options considered
is available in Unit VIII.C.6. of the
preamble for the 2006 Proposal (Ref. 1),
and in the Supplemental Economic
Analysis (Ref. 6). EPA has determined
that the proposed option is the least
burdensome option available that
achieves the objective of this
supplemental rule, which is to prevent
the creation of new lead-based paint
hazards from renovation, repair, and
painting activities in child-occupied
facilities.
This rule does not contain a
significant Federal intergovernmental
mandate as described by section 203 of
UMRA. Based on the definition of
‘‘small government jurisdiction’’ in RFA
section 601, no State governments can
be considered small. Small Territorial or
Tribal governments could apply for
authorization to administer and enforce
this program, which would entail costs,
but these small jurisdictions are under
no obligation to do so.
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EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. Small governments
operate schools that are child-occupied
facilities. EPA generally measures a
significant impact under UMRA as
being expenditures, in the aggregate, of
more than 1% of small government
revenues in any one year. As explained
in Unit VI.C.3., the rule is expected to
result in small government impacts well
under 1% of revenues. So EPA has
determined that the rule does not
significantly affect small governments.
Nor does the rule uniquely affect
small governments, as the rule is not
targeted at small governments, does not
primarily affect small governments, and
does not impose a different burden on
small governments than on other
entities that operate child-occupied
facilities.
E. Federalism
Pursuant to Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999), EPA has determined
that this proposed rule does not have
‘‘federalism implications,’’ because it
will not have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132.
Thus, Executive Order 13132 does not
apply to this proposed rule.
States would be able to apply for, and
receive authorization to administer
these proposed requirements, but would
be under no obligation to do so. In the
absence of a State authorization, EPA
will administer these requirements.
Nevertheless, in the spirit of the
objectives of this Executive Order, and
consistent with EPA policy to promote
communications between the Agency
and State and local governments, EPA
has consulted with representatives of
State and local governments in
developing the renovation, repair, and
painting program. These consultations
are as described in the preamble to the
2006 Proposal (Ref. 1).
EPA specifically solicits additional
comment on this proposed rule from
State and local officials. EPA is
particularly interested in information on
the number of public housing agencies
who own or operate detached or off-site
child-occupied facilities and this
regulation’s potential impacts on those
agencies.
F. Tribal Implications
As required by Executive Order
13175, entitled ‘‘Consultation and
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Coordination with Indian Tribal
Governments’’ (59 FR 22951, November
6, 2000), EPA has determined that this
proposed rule does not have tribal
implications because it will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
the Indian tribes, or on the distribution
of power and responsibilities between
the Federal government and Indian
tribes, as specified in the Order. Tribes
would be able to apply for, and receive
authorization to administer these
proposed requirements on Tribal lands,
but Tribes would be under no obligation
to do so. In the absence of a Tribal
authorization, EPA will administer
these requirements. While Tribes may
operate child-occupied facilities
covered by the rule such as
kindergartens, pre-kindergartens, and
daycare facilities, EPA has determined
that this proposal would not have
substantial direct effects on the tribal
governments that operate these
facilities.
Thus, Executive Order 13175 does not
apply to this rule. Although Executive
Order 13175 does not apply to this rule,
EPA consulted with Tribal officials and
others by discussing potential
renovation regulatory options for the
renovation, repair, and painting
program at several national lead
program meetings hosted by EPA and
other interested Federal agencies.
EPA specifically solicits additional
comment on this proposed rule from
Tribal officials.
G. Children’s Health Protection
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997)
applies to this supplemental rule
because, when considered in
conjunction with the 2006 Proposal, the
combination would be designated as an
‘‘economically significant regulatory
action’’ as defined by Executive Order
12866, and because the environmental
health or safety risk addressed by this
action have a disproportionate effect on
children. Accordingly, EPA has
evaluated the environmental health or
safety effects of renovation, repair, and
painting projects on children. Various
aspects of this evaluation are discussed
in the preamble to the 2006 Proposal
(Ref. 1).
The primary purpose of this
supplemental proposed rule is to
prevent the creation of new lead-based
paint hazards from renovation, repair,
and painting activities in childoccupied facilities. In the absence of
this regulation, adequate lead-safe work
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practices are not likely to be employed
during renovation, repair, and painting
activities. EPA’s analysis indicates that
there will be approximately 916,000
exposures avoided per year to children
under age 6 as a result of the rule. These
children are projected to receive
considerable benefits due to this
regulation.
H. Energy Effects
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
13211, entitled ‘‘Actions concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not likely to have any adverse effect on
the supply, distribution, or use of
energy.
I. Technology Standards
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No.
104-113, 12(d) (15 U.S.C. 272 note),
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
In the 2006 Proposal, EPA proposed
to adopt a number of work practice
requirements that could be considered
technical standards for performing
renovation projects in residences that
contain lead-based paint. This
supplemental proposal would extend
those work practice requirements to
child-occupied facilities that contain
lead-based paint. As discussed in Unit
VIII.I. of the 2006 Proposal, EPA
identified two potentially-applicable
voluntary consensus standards (Ref. 1 at
1626). ASTM International (formerly the
American Society for Testing and
Materials) has developed 2 potentiallyapplicable documents: ‘‘Standard
Practice for Clearance Examinations
Following Lead Hazard Reduction
Activities in Single-Family Dwellings
and Child-Occupied Facilities’’ (Ref.
15), and ‘‘Standard Guide for
Evaluation, Management, and Control of
Lead Hazards in Facilities’’ (Ref. 16).
With respect to the first document, EPA
did not propose to require traditional
clearance examinations, including dust
sampling, following renovation projects.
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However, EPA did propose to require
that a visual inspection for dust, debris,
and residue be conducted after cleaning
and before post-renovation cleaning
verification is performed. The first
ASTM document does contain
information on conducting a visual
inspection before collecting dust
clearance samples. The second ASTM
document is a comprehensive guide to
identifying and controlling lead-based
paint hazards. Some of the information
in this document is relevant to the work
practices that EPA proposed to require.
Each of these ASTM documents
represents state-of-the-art knowledge
regarding the performance of these
particular aspects of lead-based paint
hazard evaluation and control practices
and EPA continues to recommend the
use of these documents where
appropriate. However, because each of
these documents is extremely detailed
and encompasses many circumstances
beyond the scope of this rulemaking,
EPA determined that it would not be
practical to incorporate these voluntary
consensus standards into the 2006
Proposal.
In addition, the 2006 Proposal
contained a provision for EPA to
recognize test kits that could be used by
certified renovators to determine
whether components to be affected by a
renovation contain lead-based paint.
Under that proposal, EPA would
recognize those kits that meet certain
performance standards for limited false
positives and negatives. Further, EPA
would also recognize only those kits
that have been properly validated by a
laboratory independent of the kit
manufacturer. Although EPA did not
propose to establish a particular method
to be used for validating kits, for
chemical spot test kits, EPA announced
its intention to look to the ASTM
document entitled ‘‘Standard Practice
for Evaluating the Performance
Characteristics of Qualitative Chemical
Spot Test Kits for Lead in Paint’’ (Ref.
17) to determine whether a particular
kit’s validation is adequate.
The provisions discussed here would
apply equally to renovation projects in
child-occupied facilities. EPA welcomes
comments from entities potentially
regulated by this supplemental proposal
on this aspect of the proposed
rulemaking. EPA specifically invites
these entities to identify potentially
applicable voluntary consensus
standards and to explain why such
standards should be used in this
regulation.
J. Environmental Justice
Under Executive Order 12898,
entitled ‘‘Federal Actions to Address
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Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994), the Agency has assessed the
potential impact of this proposal on
minority and low-income populations.
The results of this assessment are
presented in the Supplemental
Economic Analysis for this proposal,
which is available in the public docket
for this rulemaking (Ref. 6). The rule
will not have disproportionately high
and adverse human health or
environmental effects on minority
populations and low-income
populations.
List of Subjects in 40 CFR Part 745
Child-occupied facility,
Environmental protection, Housing
renovation, Lead, Lead-based paint,
Renovation, Reporting and
recordkeeping requirements.
Dated: May 24, 2007.
Stephen L. Johnson,
Administrator.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 745—[AMENDED]
1. The authority citation for part 745
continues to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2681–
2692 and 42 U.S.C. 4852d.
2. Section 745.80 is revised to read as
follows:
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§ 745.80
Purpose.
This subpart contains regulations
developed under sections 402 and 406
of the Toxic Substances Control Act (15
U.S.C. 2682 and 2686) and applies to all
renovations performed for
compensation in target housing and
child-occupied facilities. The purpose of
this subpart is to ensure the following:
(a) Owners and occupants of target
housing and child-occupied facilities
receive information on lead-based paint
hazards before these renovations begin;
and
(b) Persons performing renovations
regulated in accordance with § 745.82
are properly trained; renovators, dust
sampling technicians, and firms
performing these renovations are
certified; and lead-safe work practices
are followed during these renovations.
3. Section 745.81 is revised to read as
follows:
§ 745.81
Effective dates.
(a) Training, certification and
accreditation requirements and work
practice standards. The training,
certification and accreditation
requirements and work practice
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standards in this subpart are applicable
as of [insert date 1 year after date of
publication of the final rule in the
Federal Register] in any State or Indian
Tribal area that does not have a
renovation program that is authorized
under subpart Q of this part. The
training, certification and accreditation
requirements and work practice
standards in this subpart will become
effective as follows:
(1) Training programs. Effective
[insert date 60 days after date of
publication of the final rule in the
Federal Register], no training program
may provide, offer, or claim to provide
training or refresher training for EPA
certification as a renovator or a dust
sampling technician without
accreditation from EPA under § 745.225.
Training programs may apply for
accreditation under § 745.225 beginning
[insert date 1 year after date of
publication of the final rule in the
Federal Register].
(2) Firms. Firms may apply for
certification under § 745.89 beginning
[insert date 18 months after date of
publication of the final rule in the
Federal Register].
(i) No firm may perform, offer, or
claim to perform renovations, as defined
in this subpart, without certification
from EPA under § 745.89 on or after
[insert date 2 years after date of
publication of the final rule in the
Federal Register]:
(A) In any target housing where the
firm obtains information indicating that
a child under age 6 with a blood lead
level greater than or equal to 10 µg/dL
or the applicable State or local
government level of concern, if lower,
resides there, or in any target housing
where the firm has not provided the
owners and occupants with the
opportunity to inform the firm that a
child under age 6 with such a blood
lead level resides there;
(B) In any child-occupied facility
where the firm obtains information
indicating that the facility is used by a
child under age 6 with a blood lead
level greater than or equal to 10 µg/dL
or the applicable State or local
government level of concern, if lower, or
in any child-occupied facility where the
firm has not provided the owners and
occupants with the opportunity to
inform the firm that the facility is used
by a child under age 6 with such a blood
lead level; or
(C) In target housing or childoccupied facilities constructed before
1960, unless, in the case of owneroccupied target housing, the firm has
obtained a statement signed by the
owner that the renovation will occur in
the owner’s residence and no child
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under age 6 resides or is provided child
care there.
(ii) No firm may perform, offer, or
claim to perform renovations, as defined
in this subpart, without certification
from EPA under § 745.89 on or after
[insert date 3 years after date of
publication of the final rule in the
Federal Register] in any target housing
or child-occupied facility, unless, in the
case of owner-occupied target housing,
the firm has obtained a statement signed
by the owner that the renovation will
occur in the owner’s residence and no
child under age 6 resides or is provided
child care there.
(3) Individuals. (i) All renovations, as
defined in this subpart, must be directed
by renovators certified in accordance
with § 745.90(a) and performed by
certified renovators or individuals
trained in accordance with
§ 745.90(b)(2) on or after [insert date 2
years after date of publication of the
final rule in the Federal Register]:
(A) In any target housing where the
firm performing the renovation obtains
information indicating that a child
under age 6 with a blood lead level
greater than or equal to 10 µg/dL or the
applicable State or local government
level of concern, if lower, resides there,
or in any target housing where the firm
has not provided the owners and
occupants with the opportunity to
inform the firm that a child under age
6 with such a blood lead level resides
there;
(B) In any child-occupied facility
where the firm obtains information
indicating that the facility is used by a
child under age 6 with a blood lead
level greater than or equal to 10 µg/dL
or the applicable State or local
government level of concern, if lower, or
in any child-occupied facility where the
firm has not provided the owners and
occupants with the opportunity to
inform the firm that the facility is used
by a child under age 6 with such a blood
lead level; or
(C) In target housing or childoccupied facilities constructed before
1960, unless, in the case of owneroccupied target housing, the firm
performing the renovation has obtained
a statement signed by the owner that the
renovation will occur in the owner’s
residence and no child under age 6
resides or is provided child care there.
(ii) All renovations, as defined in this
subpart, must be directed by renovators
certified in accordance with § 745.90(a)
and performed by certified renovators or
individuals trained in accordance with
§ 745.90(b)(2) on or after [insert date 3
years after date of publication of the
final rule in the Federal Register] in any
target housing or child-occupied
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facility, unless, in the case of owneroccupied target housing, the firm
performing the renovation has obtained
a statement signed by the owner that the
renovation will occur in the owner’s
residence and no child under age 6
resides or is provided child care there.
(4) Work practices. (i) All renovations,
as defined in § 745.83, must be
performed in accordance with the work
practice standards in § 745.85 and the
associated recordkeeping requirements
in § 745.86(b)(6) and (b)(7) on or after
[insert date 2 years after date of
publication of the final rule in the
Federal Register]:
(A) In any target housing where the
firm performing the renovation obtains
information indicating that a child
under age 6 with a blood lead level
greater than or equal to 10 µg/dL or the
applicable State or local government
level of concern, if lower, resides there,
or in any target housing where the firm
has not provided the owners and
occupants with the opportunity to
inform the firm that a child under age
6 with such a blood lead level resides
there;
(B) In any child-occupied facility
where the firm obtains information
indicating that the facility is used by a
child under age 6 with a blood lead
level greater than or equal to 10 µg/dL
or the applicable State or local
government level of concern, if lower, or
in any child-occupied facility where the
firm has not provided the owners and
occupants with the opportunity to
inform the firm that the facility is used
by a child under age 6 with such a blood
lead level; or
(C) In target housing or childoccupied facilities constructed before
1960, unless, in the case of owneroccupied target housing, the firm
performing the renovation has obtained
a statement signed by the owner that the
renovation will occur in the owner’s
residence and no child under age 6
resides or is provided child care there.
(ii) All renovations, as defined in this
subpart, must be performed in
accordance with the work practice
standards in § 745.85 and the associated
recordkeeping requirements in
§ 745.86(b)(6) and (b)(7) on or after
[insert date 3 years after date of
publication of the final rule in the
Federal Register] in any target housing
or child-occupied facility, unless, in the
case of owner-occupied target housing,
the firm performing the renovation has
obtained a statement signed by the
owner that the renovation will occur in
the owner’s residence and no child
under age 6 resides or is provided child
care there.
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(5) The suspension and revocation
provisions in § 745.91 are effective
[insert date 2 years after date of
publication of the final rule in the
Federal Register].
(b) Renovation-specific pamphlet.
Before [insert date 8 months after date
of publication of the final rule in the
Federal Register], renovators or firms
performing renovations in States and
Indian Tribal areas without an
authorized program may provide
owners and occupants with either of the
following EPA pamphlets: Protect Your
Family From Lead in Your Home or
Protect Your Family from Lead During
Renovation, Repair & Painting. After
that date, Protect Your Family from
Lead During Renovation, Repair &
Painting must be used exclusively.
(c) Pre-Renovation Education Rule.
With the exception of the requirement
to use the pamphlet titledProtect Your
Family from Lead During Renovation,
Repair & Painting, the provisions of the
Pre-Renovation Education Rule in this
subpart have been in effect since June
1999.
4. Section 745.82 is revised to read as
follows:
§ 745.82
Applicability.
(a) This subpart applies to all
renovations performed for
compensation in target housing and
child-occupied facilities, except for the
following:
(1) Minor repair and maintenance
activities (including minor electrical
work and plumbing) that disrupt 2
square feet or less of painted surface per
component.
(2) Renovations in target housing or
child-occupied facilities in which a
written determination has been made by
an inspector (certified pursuant to either
Federal regulations at § 745.226 or a
State or Tribal certification program
authorized pursuant to § 745.324) that
the components affected by the
renovation are free of paint or other
surface coatings that contain lead equal
to or in excess of 1.0 milligrams/per
square centimeter (mg/cm2) or 0.5% by
weight, where the firm performing the
renovation has obtained a copy of the
determination.
(3) Renovations in target housing or
child-occupied facilities in which a
certified renovator, using an acceptable
test kit and following the kit
manufacturer’s instructions, has
determined that the components
affected by the renovation are free of
paint or other surface coatings that
contain lead equal to or in excess of1.0
mg/cm2 or 0.5% by weight.
(b) The information distribution
requirements in § 745.84 do not apply to
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31039
emergency renovation operations,
which are renovation activities that
were not planned but result from a
sudden, unexpected event (such as nonroutine failures of equipment) that, if
not immediately attended to, presents a
safety or public health hazard, or
threatens equipment and/or property
with significant damage. Interim
controls performed in response to an
elevated blood lead level in a resident
child are also emergency renovation
operations. The work practice, training,
and certification requirements in
§§ 745.85, 745.89, 745.90 and the
recordkeeping requirements in
§ 745.86(b)(6) and (b)(7) apply to
emergency renovation operations to the
extent practicable.
(c) The work practice standards for
renovation activities in § 745.85 apply
to all renovations covered by this
subpart, except for renovations in target
housing for which the firm performing
the renovation has obtained a statement
signed by the owner that the renovation
will occur in the owner’s residence and
no child under age 6 resides or is
provided child care there. For the
purposes of this section, a child resides
in the primary residence of his or her
custodial parents, legal guardians, and
foster parents. A child also resides in
the primary residence of an informal
caretaker if the child lives and sleeps
most of the time at the caretaker’s
residence.
5. Section 745.83 is amended as
follows:
a. Remove the definition of
‘‘Emergency renovation operations.’’
b. Revise the definition of ‘‘Pamphlet’’
and the definition of ‘‘Renovator.’’
c. Add 13 definitions in alphabetic
order.
§ 745.83
Definitions.
*
*
*
*
*
Acceptable test kit means a
commercially available kit recognized
by EPA pursuant to section 405 of TSCA
as being capable of allowing a user to
accurately determine the presence of
lead at levels equal to or in excess of 1.0
milligrams per square centimeter, or
more than 0.5% lead by weight, in a
paint chip, paint powder, or painted
surface.
*
*
*
*
*
Child-occupied facility means a
building, or portion of a building,
constructed prior to 1978, visited
regularly by the same child, under 6
years of age, on at least two different
days within any week (Sunday through
Saturday period), provided that each
day’s visit lasts at least 3 hours and the
combined weekly visits last at least 6
hours, and the combined annual visits
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last at least 60 hours. Child-occupied
facilities may include, but are not
limited to, day care centers, preschools
and kindergarten classrooms. Childoccupied facilities may be located in
target housing or in public or
commercial buildings. In public or
commercial buildings that contain
child-occupied facilities, the childoccupied facility encompasses only
those common areas that are routinely
used by children under age 6, such as
restrooms and cafeterias. Common areas
that children under age 6 only pass
through, such as hallways, stairways,
and garages are not included. In
addition, for public or commercial
buildings that contain child-occupied
facilities, the child-occupied facility
encompasses only the exterior sides of
the building that are immediately
adjacent to the child-occupied facility or
the common areas routinely used by
children under age 6.
Cleaning verification card means a
card developed and distributed, or
otherwise approved, by EPA for the
purpose of determining, through
comparison of disposable cleaning
cloths with the card, whether postrenovation cleaning has been properly
completed.
Component or building component
means specific design or structural
elements or fixtures of a building or
residential dwelling that are
distinguished from each other by form,
function, and location. These include,
but are not limited to, interior
components such as: Ceilings, crown
molding, walls, chair rails, doors, door
trim, floors, fireplaces, radiators and
other heating units, shelves, shelf
supports, stair treads, stair risers, stair
stringers, newel posts, railing caps,
balustrades, windows and trim
(including sashes, window heads,
jambs, sills or stools and troughs), built
in cabinets, columns, beams, bathroom
vanities, counter tops, and air
conditioners; and exterior components
such as: Painted roofing, chimneys,
flashing, gutters and downspouts,
ceilings, soffits, fascias, rake boards,
cornerboards, bulkheads, doors and
door trim, fences, floors, joists, lattice
work, railings and railing caps, siding,
handrails, stair risers and treads, stair
stringers, columns, balustrades, window
sills or stools and troughs, casings,
sashes and wells, and air conditioners.
Dry disposable cleaning cloth means
a commercially available dry,
electrostatically charged, white
disposable cloth designed to be used for
cleaning hard surfaces such as
uncarpeted floors or counter tops.
*
*
*
*
*
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Firm means a company, partnership,
corporation, sole proprietorship or
individual doing business, association,
or other business entity; a Federal, State,
Tribal, or local government agency; or a
nonprofit organization.
HEPA-equipped vacuum means a
vacuum equipped with a high efficiency
particulate air filter.
Interim controls means a set of
measures designed to temporarily
reduce human exposure or likely
exposure to lead-based paint hazards,
including specialized cleaning, repairs,
maintenance, painting, temporary
containment, ongoing monitoring of
lead-based paint hazards or potential
hazards, and the establishment and
operation of management and resident
education programs.
*
*
*
*
*
Pamphlet means the EPA pamphlet
titled Protect Your Family from Lead
During Renovation, Repair & Painting
developed under section 406(a) of TSCA
for use in complying with section 406(b)
of TSCA, or any State or Tribal
pamphlet approved by EPA pursuant to
40 CFR 745.326 that is developed for the
same purpose. This includes
reproductions of the pamphlet when
copied in full and without revision or
deletion of material from the pamphlet
(except for the addition or revision of
State or local sources of information).
Before [insert date 8 months after date
of publication of the final rule in the
Federal Register], the term ‘‘pamphlet’’
also means any pamphlet developed by
EPA under section 406(a) of TSCA or
any State or Tribal pamphlet approved
by EPA pursuant to § 745.326.
*
*
*
*
*
Renovation means the modification of
any existing structure, or portion
thereof, that results in the disturbance of
painted surfaces, unless that activity is
performed as part of an abatement as
defined by this part (40 CFR 745.223).
The term renovation includes (but is not
limited to): The removal or modification
of painted surfaces or painted
components (e.g., modification of
painted doors, surface preparation
activity (such as sanding, scraping, or
other such activities that may generate
paint dust)); the removal of large
structures (e.g., walls, ceiling, large
surface replastering, major replumbing); and window replacement. A
renovation performed for the purpose of
converting a building, or part of a
building, into target housing or a childoccupied facility is a renovation under
this subpart.
Renovator means a person who either
performs or directs uncertified workers
who perform renovations. A certified
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renovator is a renovator who has
successfully completed a renovator
course accredited by EPA or an EPAauthorized State or Tribal program.
Training hour means at least 50
minutes of actual learning, including,
but not limited to, time devoted to
lecture, learning activities, small group
activities, demonstrations, evaluations,
and hands-on experience.
Wet disposable cleaning cloth means
a commercially available, pre-moistened
white disposable cloth designed to be
used for cleaning hard surfaces such as
uncarpeted floors or counter tops.
Wet mopping system means a device
with the following characteristics: A
long handle, a mop head designed to be
used with disposable absorbent cleaning
pads, a reservoir for cleaning solution,
and a built-in mechanism for
distributing or spraying the cleaning
solution onto a floor.
Work area means the area that the
certified renovator establishes to contain
all of the dust and debris generated by
a renovation, based on the certified
renovator’s evaluation of the extent and
nature of the activity and the specific
work practices that will be used.
§ 745.84 [Removed]
6. Section 745.84 is removed.
§ 745.85 [Redesignated]
7. Section 745.85 is redesignated as
§ 745.84.
8. Newly designated § 745.84 is
amended as follows:
a. Revise the introductory text of
paragraph (a) and revise paragraph
(a)(2)(i).
b. Revise the introductory text of
paragraph (b) and revise paragraphs
(b)(2) and (b)(4).
c. Redesignate paragraph (c) as
paragraph (d).
d. Add a new paragraph (c).
c. Revise the introductory text of
newly designated paragraph (d).
§ 745.84 Information distribution
requirements.
(a) Renovations in dwelling units. No
more than 60 days before beginning
renovation activities in any residential
dwelling unit of target housing, the firm
performing the renovation must:
(1) * * *
(2) * * *
(i) Obtain, from the adult occupant, a
written acknowledgment that the
occupant has received the pamphlet; or
certify in writing that a pamphlet has
been delivered to the dwelling and that
the firm performing the renovation has
been unsuccessful in obtaining a written
acknowledgment from an adult
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occupant. Such certification must
include the address of the unit
undergoing renovation, the date and
method of delivery of the pamphlet,
names of the persons delivering the
pamphlet, reason for lack of
acknowledgment (e.g., occupant refuses
to sign, no adult occupant available), the
signature of a representative of the firm
performing the renovation, and the date
of signature.
*
*
*
*
*
(b) Renovations in common areas. No
more than 60 days before beginning
renovation activities in common areas of
multi-unit target housing, the firm
performing the renovation must:
(1) * * *
(2) Notify in writing, or ensure written
notification of, each affected unit and
make the pamphlet available upon
request prior to the start of renovation.
Such notification shall be accomplished
by distributing written notice to each
affected unit. The notice shall describe
the general nature and locations of the
planned renovation activities; the
expected starting and ending dates; and
a statement of how the occupant can
obtain the pamphlet, at no charge, from
the firm performing the renovation.
(3) * * *
(4) If the scope, locations, or expected
starting and ending dates of the planned
renovation activities change after the
initial notification, the firm performing
the renovation must provide further
written notification to the owners and
occupants providing revised
information on the ongoing or planned
activities. This subsequent notification
must be provided before the firm
performing the renovation initiates work
beyond that which was described in the
original notice.
(c) Renovations in child-occupied
facilities. (1) No more than 60 days
before beginning renovation activities in
any child-occupied facility, the firm
performing the renovation must:
(i) Provide the owner of the building
with the pamphlet, and comply with
one of the following:
(A) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(B) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(ii) If the child-occupied facility is not
the owner of the building, provide an
adult representative of the childoccupied facility with the pamphlet,
and comply with one of the following:
(A) Obtain, from the adult
representative, a written
acknowledgment that the adult
representative has received the
pamphlet; or certify in writing that a
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pamphlet has been delivered to the
facility and that the firm performing the
renovation has been unsuccessful in
obtaining a written acknowledgment
from an adult representative. Such
certification must include the address of
the child-occupied facility undergoing
renovation, the date and method of
delivery of the pamphlet, names of the
persons delivering the pamphlet, reason
for lack of acknowledgment (e.g.,
representative refuses to sign), the
signature of a representative of the firm
performing the renovation, and the date
of signature.
(B) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) Provide the parents and guardians
of children using the child-occupied
facility with the pamphlet and
information describing the general
nature and locations of the renovation
and the anticipated completion date by
complying with one of the following:
(i) Mail or hand-deliver the pamphlet
and the renovation information to each
parent or guardian of a child using the
child-occupied facility.
(ii) While the renovation is ongoing,
post informational signs describing the
general nature and locations of the
renovation and the anticipated
completion date. These signs must be
posted in areas where they can be seen
by the parents or guardians of the
children frequenting the child-occupied
facility. The signs must be accompanied
by a posted copy of the pamphlet or
information on how interested parents
or guardians can review a copy of the
pamphlet or obtain a copy from the
renovation firm at no cost to the parents
or guardians.
(d) Written acknowledgment. The
written acknowledgments required by
paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i),
(c)(1)(i)(A), and (c)(1)(ii)(A) of this
section must:
*
*
*
*
*
9. Section 745.85 is added to subpart
E to read as follows:
§ 745.85
Work practice standards.
(a) Standards for renovation activities.
Renovations must be performed by
certified firms using certified renovators
as directed in § 745.89.
(1) Occupant protection. Firms must
post signs clearly defining the work area
and warning occupants and other
persons not involved in renovation
activities to remain outside of the work
area. These signs must be posted before
beginning the renovation and must
remain in place and readable until the
renovation and the post-renovation
cleaning verification have been
completed. If warning signs have been
posted in accordance with 24 CFR
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35.1345(b)(2) or 29 CFR 1926.62(m),
additional signs are not required by this
section.
(2) Containing the work area. Before
beginning the renovation, the firm must
isolate the work area so that no visible
dust or debris leaves the work area
while the renovation is being
performed.
(i) Interior renovations. The firm
must:
(A) Remove all objects from the work
area, including furniture, rugs, and
window coverings, or cover them with
plastic sheeting or other impermeable
material with all seams and edges taped
or otherwise sealed.
(B) Close and cover all ducts opening
in the work area with taped-down
plastic sheeting or other impermeable
material.
(C) Close windows and doors in the
work area. Doors must be covered with
plastic sheeting or other impermeable
material. Doors used as an entrance to
the work area must be covered with
plastic sheeting or other impermeable
material in a manner that allows
workers to pass through while confining
dust and debris to the work area.
(D) Cover the floor surface of the work
area with plastic sheeting or other
impermeable material with all seams
taped and all edges secured at the
perimeter of the work area.
(E) Ensure that all personnel, tools,
and other items including waste are free
of dust and debris when leaving the
work area. Alternatively, the paths used
to reach the exterior of the building
must be covered with plastic sheeting or
other impermeable material to prevent
the spread of lead contaminated dust
and debris outside the work area.
(ii) Exterior renovations. The firm
must:
(A) Close all doors and windows
within 20 feet of the renovation. On
multi-story buildings, close all doors
and windows within 20 feet of the
renovation on the same floor as the
renovation, and close all doors and
windows on all floors below that are the
same horizontal distance from the
renovation.
(B) Ensure that doors within the work
area that must be used while the job is
being performed are covered with
plastic sheeting or other impermeable
material in a manner that allows
workers to pass through while confining
dust and debris to the work area.
(C) Cover the ground with plastic
sheeting or other disposable
impermeable material extending out
from the edge of the structure a
sufficient distance to collect falling
paint debris.
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(3) Waste from renovations. (i) Waste
from renovation activities must be
contained to prevent releases of dust
and debris before the waste is removed
from the work area for storage or
disposal. If a chute is used to remove
waste from the work area, it must be
covered.
(ii) At the conclusion of each work
day and at the conclusion of the
renovation, waste that has been
collected from renovation activities
must be stored under containment, in an
enclosure, or behind a barrier that
prevents release of dust and debris out
of the work area and prevents access to
dust and debris.
(iii) When the firm transports waste
from renovation activities, the firm must
contain the waste to prevent identifiable
releases of dust and debris.
(4) Cleaning the work area. After the
renovation has been completed, the firm
must clean the work area until no
visible dust, debris or residue remains.
(i) Interior and exterior renovations.
The firm must:
(A) Pick up all paint chips and debris.
(B) Remove the protective sheeting.
Mist the sheeting before folding it, fold
the dirty side inward, and either tape
shut to seal or seal in heavy-duty bags.
Sheeting used to isolate contaminated
rooms from non-contaminated rooms
must remain in place until after the
cleaning and removal of other sheeting.
Dispose of the sheeting as waste.
(ii) Additional cleaning for interior
renovations. The firm must clean all
objects and surfaces in and around the
work area in the following manner,
cleaning from higher to lower:
(A) Walls. Clean walls starting at the
ceiling and working down to the floor
by either vacuuming with a HEPAequipped vacuum or wiping with a
damp cloth.
(B) Remaining surfaces. Thoroughly
vacuum all remaining surfaces and
objects in the work area, including
furniture and fixtures, with a HEPAequipped vacuum. The HEPA-equipped
vacuum must be equipped with a beater
bar when vacuuming carpets and rugs.
Where feasible, floor surfaces
underneath a rug or carpeting must also
be thoroughly vacuumed with a HEPAequipped vacuum.
(C) Wipe all remaining surfaces and
objects in the work area, except for
carpeted or upholstered surfaces, with a
damp cloth. Mop uncarpeted floors
thoroughly, using a 2-bucket mopping
method that keeps the wash water
separate from the rinse water, or using
a wet mopping system.
(b) Standards for post-renovation
cleaning verification. (1) Interiors. (i) A
certified renovator must perform a
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visual inspection to determine whether
visible amounts of dust, debris or
residue are still present. If visible
amounts of dust, debris or residue are
present, these conditions must be
eliminated by re-cleaning and another
visual inspection must be performed.
(ii) After a successful visual
inspection, a certified renovator must:
(A) Verify that each windowsill in the
work area has been adequately cleaned,
using the following procedure.
(1) Wipe the windowsill with a wet
disposable cleaning cloth that is damp
to the touch. If the cloth matches the
cleaning verification card, the
windowsill has been adequately
cleaned.
(2) If the cloth does not match the
cleaning verification card, re-clean the
windowsill as directed in paragraphs
(a)(4)(ii)(B) and (a)(4)(ii)(C) of this
section, then either use a new cloth or
fold the used cloth in such a way that
an unused surface is exposed, and wipe
the windowsill again. If the cloth
matches the cleaning verification card,
that windowsill has been adequately
cleaned.
(3) If the cloth does not match the
cleaning verification card, clean that
windowsill again as directed in
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C)
of this section and wait for 1 hour or
until the windowsill has dried
completely, whichever is longer.
(4) After waiting for the windowsill to
dry, wipe the windowsill with dry
disposable cleaning cloths until a cloth,
or section of cloth, used to wipe the
windowsill matches the cleaning
verification card.
(B) Wipe uncarpeted floors within the
work area with a wet disposable
cleaning cloth, using an application
device with a long handle and a head
to which the cloth is attached. The cloth
must remain damp at all times while it
is being used to wipe the floor for postrenovation cleaning verification. If the
floor surface within the work area is
greater than 40 square feet, the floor
within the work area must be divided
into roughly equal sections that are each
less than 40 square feet. Wipe each such
section separately with a new wet
disposable cleaning cloth. If the cloth
used to wipe each section of the floor
within the work area matches the
cleaning verification card, the floor has
been adequately cleaned.
(1) If the cloth used to wipe a
particular floor section does not match
the cleaning verification card, re-clean
that section of the floor as directed in
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C)
of this section, then use a new wet
disposable cleaning cloth to wipe that
section again. If the cloth matches the
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cleaning verification card, that section
of the floor has been adequately
cleaned.
(2) If the cloth used to wipe a
particular floor section does not match
the cleaning verification card after the
floor has been re-cleaned, clean that
section of the floor again as directed in
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C)
of this section and wait for 1 hour or
until the entire floor within the work
area has dried completely, whichever is
longer.
(3) After waiting for the entire floor
within the work area to dry, wipe those
sections of the floor that have not yet
achieved post-renovation cleaning
verification with dry disposable
cleaning cloths until a cloth that has
wiped those sections of the floor
matches the cleaning verification card.
This wiping must also be performed
using an application device with a long
handle and a head to which the cloths
are attached.
(iii) Dust clearance sampling may be
performed instead of, or in addition to,
the procedures identified in paragraph
(b)(1)(ii) of this section. If dust clearance
sampling is performed, it must be
performed in accordance with
§ 745.227(e)(8) through (e)(9), except
that a dust sampling technician certified
in accordance with this subpart may
collect and report the results of the
required samples.
(iv) When the work area passes the
post-renovation cleaning verification or
dust clearance sampling, remove the
warning signs.
(2) Exteriors. A certified renovator
must perform a visual inspection to
determine whether visible amounts of
dust, debris or residue are still present.
If visible amounts of dust, debris or
residue are present, these conditions
must be eliminated and another visual
inspection must be performed. When
the area passes the visual inspection,
remove the warning signs.
(c) Activities conducted after postrenovation cleaning verification.
Activities that do not disturb paint, such
as applying paint to walls that have
already been prepared, are not regulated
by this subpart if they are conducted
after post-renovation cleaning
verification has been performed.
10. Section 745.86 is amended by
revising paragraph (a) and adding new
paragraphs (b)(6) and (b)(7) to read as
follows:
§ 745.86
Recordkeeping requirements.
(a) Firms performing renovations or
conducting dust sampling must retain
and, if requested, make available to EPA
all records necessary to demonstrate
compliance with this subpart for a
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period of 3 years following completion
of the renovation or dust sampling
activities. This 3–year retention
requirement does not supersede longer
obligations required by other provisions
for retaining the same documentation,
including any applicable State or Tribal
laws or regulations.
(b) * * *
(6) Any signed and dated statements
received from owner-occupants that no
children under age 6 reside or are
provided child care in housing being
renovated which document that the
requirements of § 745.85 do not apply.
These statements must include a
declaration that the renovation will
occur in the owner’s residence, a
declaration that no children under age
6 reside or are provided child care there,
the address of the unit undergoing
renovation, the owner’s name, the
signature of the owner, and the date of
signature. These statements must be
written in the same language as the text
of the renovation contract, if any. This
requirement includes any statements
received from owners or occupants that
a child under age 6 with a blood lead
level that equals or exceeds 10 µg/dL, or
an applicable State or local government
level of concern, if lower, resides or is
provided child care there.
(7) Documentation of compliance
with the requirements of § 745.85,
including documentation that a certified
renovator was assigned to the project,
the certified renovator provided on-thejob training for uncertified workers used
on the project, the certified renovator
performed or directed uncertified
workers who performed all of the tasks
described in § 745.85(a), and the
certified renovator performed the postrenovation cleaning verification
described in § 745.85(b). This
documentation must include a copy of
the certified renovator’s or dust
sampling technician’s training
certificate, and signed and dated
descriptions of how activities performed
by the certified renovator or dust
sampling technician, including worker
training activities, sign posting, work
area containment, waste handling,
cleaning, and post-renovation cleaning
verification or clearance were
conducted in compliance with this
subpart. The descriptions of these
activities must include a certification by
the record preparer that the descriptions
are complete and accurate.
11. Section 745.87 is amended by
revising paragraph (e) to read as follows:
§ 745.87
Enforcement and inspections.
*
*
*
*
*
(e) Lead-based paint is assumed to be
present at renovations covered by this
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subpart. EPA may conduct inspections
and issue subpoenas pursuant to the
provisions of TSCA section 11 (15
U.S.C. 2610) to ensure compliance with
this subpart.
§ 745.88 [Removed]
12. Section 745.88 is removed.
13. Section 745.89 is added to subpart
E to read as follows:
§ 745.89
Firm certification.
(a) Initial certification. (1) Firms that
perform renovations for compensation
must apply to EPA for certification to
perform renovations or dust sampling.
To apply, a firm must submit to EPA a
completed ‘‘Application for Firms,’’
signed by an authorized agent of the
firm, and pay at least the correct amount
of fees. If a firm pays more than the
correct amount of fees, EPA will
reimburse the firm for the excess
amount.
(2) After EPA receives a firm’s
application, EPA will take one of the
following actions within 90 days of the
date the application is received:
(i) EPA will approve a firm’s
application if EPA determines that it is
complete and that the environmental
compliance history of the firm, its
principals, or its key employees does
not show an unwillingness or inability
to maintain compliance with
environmental statutes or regulations.
An application is complete if it contains
all of the information requested on the
form and includes at least the correct
amount of fees. When EPA approves a
firm’s application, EPA will issue the
firm a certificate with an expiration date
not more than 3 years from the date the
application is approved. EPA
certification allows the firm to perform
renovations covered by this section in
any State or Indian Tribal area that does
not have a renovation program that is
authorized under subpart Q of this part.
(ii) EPA will request a firm to
supplement its application if EPA
determines that the application is
incomplete. If EPA requests a firm to
supplement its application, the firm
must submit the requested information
or pay the additional fees within 30
days of the date of the request.
(iii) EPA will not approve a firm’s
application if the firm does not
supplement its application in
accordance with paragraph (a)(2)(ii) of
this section or if EPA determines that
the environmental compliance history
of the firm, its principals, or its key
employees demonstrates an
unwillingness or inability to maintain
compliance with environmental statutes
or regulations. EPA will send the firm
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a letter giving the reason for not
approving the application. EPA will not
refund the application fees. A firm may
reapply for certification at any time by
filing a new, complete application that
includes the correct amount of fees.
(b) Re-certification. To maintain its
certification, a firm must be re-certified
by EPA every 3 years.
(1) Timely and complete application.
To be re-certified, a firm must submit a
complete application for re-certification.
A complete application for recertification includes a completed
‘‘Application for Firms’’ which contains
all of the information requested by the
form and is signed by an authorized
agent of the firm, noting on the form
that it is submitted as a re-certification.
A complete application must also
include at least the correct amount of
fees. If a firm pays more than the correct
amount of fees, EPA will reimburse the
firm for the excess amount.
(i) An application for re-certification
is timely if it is postmarked 90 days or
more before the date the firm’s current
certification expires. If the firm’s
application is complete and timely, the
firm’s current certification will remain
in effect until its expiration date or until
EPA has made a final decision to
approve or disapprove the recertification application, whichever is
later.
(ii) If the firm submits a complete recertification application less than 90
days before its current certification
expires, and EPA does not approve the
application before the expiration date,
the firm’s current certification will
expire and the firm will not be able to
conduct renovations until EPA approves
its re-certification application.
(iii) If the firm fails to obtain
recertification before the firm’s current
certification expires, the firm must not
perform renovations or dust sampling
until it is certified anew pursuant to
paragraph (a) of this section.
(2) EPA action on an application.
After EPA receives a firm’s application
for re-certification, EPA will review the
application and take one of the
following actions within 90 days of
receipt:
(i) EPA will approve a firm’s
application if EPA determines that it is
timely and complete and that the
environmental compliance history of
the firm, its principals, or its key
employees does not show an
unwillingness or inability to maintain
compliance with environmental statutes
or regulations. When EPA approves a
firm’s application for re-certification,
EPA will issue the firm a new certificate
with an expiration date 3 years from the
date that the firm’s current certification
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expires. EPA certification allows the
firm to perform renovations or dust
sampling covered by this section in any
State or Indian Tribal area that does not
have a renovation program that is
authorized under subpart Q of this part.
(ii) EPA will request a firm to
supplement its application if EPA
determines that the application is
incomplete.
(iii) EPA will not approve a firm’s
application if it is not received or is not
complete as of the date that the firm’s
current certification expires, or if EPA
determines that the environmental
compliance history of the firm, its
principals, or its key employees
demonstrates an unwillingness or
inability to maintain compliance with
environmental statutes or regulations.
EPA will send the firm a letter giving
the reason for not approving the
application. EPA will not refund the
application fees. A firm may reapply for
certification at any time by filing a new
application and paying the correct
amount of fees.
(c) Amendment of certification. A
firm must amend its certification within
45 days of the date a change occurs to
information included in the firm’s most
recent application. If the firm fails to
amend its certification within 45 days of
the date the change occurs, the firm may
not perform renovations or dust
sampling until its certification is
amended.
(1) To amend a certification, a firm
must submit a completed ‘‘Application
for Firms,’’ signed by an authorized
agent of the firm, noting on the form
that it is submitted as an amendment
and indicating the information that has
changed. The firm must also pay at least
the correct amount of fees.
(2) If additional information is needed
to process the amendment, or the firm
did not pay the correct amount of fees,
EPA will request the firm to submit the
necessary information or fees. The
firm’s certification is not amended until
the firm complies with the request.
(3) Amending a certification does not
affect the certification expiration date.
(d) Firm responsibilities. Firms
performing renovations or dust
sampling must ensure that:
(1)(i) All persons performing
renovation activities on behalf of the
firm are either certified renovators or
have been trained by a certified
renovator in accordance with § 745.90.
(ii) All persons performing dust
sampling on behalf of the firm are
certified as either risk assessors,
inspectors, or dust sampling
technicians.
(2) A certified renovator is assigned to
each renovation performed by the firm
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and discharges all of the certified
renovator responsibilities identified in
§ 745.90; and
(3) All renovations performed by the
firm are performed in accordance with
the work practice standards in § 745.85.
14. Section 745.90 is added to subpart
E to read as follows:
§ 745.90 Renovator and dust sampling
technician certification.
(a) Renovator and dust sampling
technician certification. (1) To become a
certified renovator or dust sampling
technician, a person must successfully
complete the appropriate course
accredited by EPA under § 745.225 or by
a State or Tribal program that is
authorized under subpart Q of this part.
The course completion certificate serves
as proof of certification. EPA renovator
certification allows the certified
individual to perform renovations
covered by this section in any State or
Indian Tribal area that does not have a
renovation program that is authorized
under subpart Q of this part. EPA dust
sampling technician certification allows
the certified individual to perform dust
sampling covered by this section in any
State or Indian Tribal area that does not
have a renovation program that is
authorized under subpart Q of this part.
(2) To maintain renovator or dust
sampling technician certification, a
person must complete a renovator or
dust sampling technician refresher
course accredited by EPA under
§ 745.225 or by a State or Tribal program
that is authorized under subpart Q of
this part within 3 years of the date the
person completed the initial course
described in paragraph (a)(1) of this
section. If the person does not complete
a refresher course within this time, the
person must re-take the initial course to
become certified again.
(3) Persons who have a valid leadbased paint abatement supervisor or
worker certification issued by EPA
under § 745.226 or by a State or Tribal
program authorized under subpart Q of
this part are also deemed to be certified
renovators.
(4) Persons who have a valid leadbased paint inspector or risk assessor
certification issued by EPA under
§ 745.226 or by a State or Tribal program
authorized under subpart Q of this part
are also deemed to be certified dust
sampling technicians.
(b) Renovator responsibilities.
Certified renovators are responsible for
ensuring compliance with § 745.85 at all
renovations to which they are assigned.
A certified renovator:
(1) Must perform all of the tasks
described in § 745.85(b) and must either
perform or direct uncertified workers
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who perform all of the tasks described
in § 745.85(a).
(2) Must provide training to
uncertified workers on the lead-safe
work practices they will be using in
performing their assigned tasks, how to
isolate the work area and maintain the
integrity of the containment barriers,
and how to avoid spreading dust or
debris beyond the work area.
(3) Must be physically present at the
work site when the signs required by
§ 745.85(a)(1) are posted, while the work
area containment required by
§ 745.85(a)(2) is being established, and
while the work area cleaning required
by § 745.85(a)(4) is performed.
(4) Must direct work being performed
by uncertified persons to ensure that
lead-safe work practices are being
followed, the integrity of the
containment barriers is maintained, and
dust or debris is not spread beyond the
work area.
(5) Must be available, either on-site or
by telephone, at all times that
renovations are being conducted.
(6) When requested by the entity
contracting for renovation services,
must use an acceptable test kit to
determine whether components to be
affected by the renovation contain leadbased paint.
(7) Must have with them at the work
site copies of their initial course
completion certificate and their most
recent refresher course completion
certificate.
(c) Dust sampling technician
responsibilities. A certified dust
sampling technician:
(1) Must collect dust samples in
accordance with § 745.227(e)(8), must
send the collected samples to a
laboratory recognized by EPA under
TSCA section 405(b), and must compare
the results to the clearance levels in
accordance with § 745.227(e)(8).
(2) Must have with them at the work
site copies of their initial course
completion certificate and their most
recent refresher course completion
certificate.
15. Section 745.91 is added to subpart
E to read as follows:
§ 745.91 Suspending, revoking, or
modifying an individual’s or firm’s
certification.
(a)(1) Grounds for suspending,
revoking or modifying an individual’s
certification. EPA may suspend, revoke,
or modify an individual’s certification if
the individual fails to comply with
Federal lead-based paint statutes or
regulations. EPA may also suspend,
revoke, or modify a certified renovator’s
certification if the renovator fails to
ensure that all assigned renovations
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comply with § 745.85. In addition to an
administrative or judicial finding of
violation, execution of a consent
agreement in settlement of an
enforcement action constitutes, for
purposes of this section, evidence of a
failure to comply with relevant statutes
or regulations.
(2) Grounds for suspending, revoking
or modifying a firm’s certification. EPA
may suspend, revoke, or modify a firm’s
certification if the firm:
(i) Submits false or misleading
information to EPA in its application for
certification or re-certification.
(ii) Fails to maintain or falsifies
records required in § 745.86.
(iii) Fails to comply, or an individual
performing a renovation on behalf of the
firm fails to comply, with Federal leadbased paint statutes or regulations. In
addition to an administrative or judicial
finding of violation, execution of a
consent agreement in settlement of an
enforcement action constitutes, for
purposes of this section, evidence of a
failure to comply with relevant statutes
or regulations.
(b) Process for suspending, revoking,
or modifying certification. (1) Prior to
taking action to suspend, revoke, or
modify an individual’s or firm’s
certification, EPA will notify the
affected entity in writing of the
following:
(i) The legal and factual basis for the
proposed suspension, revocation, or
modification.
(ii) The anticipated commencement
date and duration of the suspension,
revocation, or modification.
(iii) Actions, if any, which the
affected entity may take to avoid
suspension, revocation, or modification,
or to receive certification in the future.
(iv) The opportunity and method for
requesting a hearing prior to final
suspension, revocation, or modification.
(2) If an individual or firm requests a
hearing, EPA will:
(i) Provide the affected entity an
opportunity to offer written statements
in response to EPA’s assertions of the
legal and factual basis for its proposed
action.
(ii) Appoint an impartial official of
EPA as Presiding Officer to conduct the
hearing.
(3) The Presiding Officer will:
(i) Conduct a fair, orderly, and
impartial hearing within 90 days of the
request for a hearing.
(ii) Consider all relevant evidence,
explanation, comment, and argument
submitted.
(iii) Notify the affected entity in
writing within 90 days of completion of
the hearing of his or her decision and
order. Such an order is a final agency
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action which may be subject to judicial
review.
(4) If EPA determines that the public
health, interest, or welfare warrants
immediate action to suspend the
certification of any individual or firm
prior to the opportunity for a hearing, it
will:
(i) Notify the affected entity in
accordance with paragraph (b)(1)(i)
through (b)(1)(iii) of this section,
explaining why it is necessary to
suspend the entity’s certification before
an opportunity for a hearing.
(ii) Notify the affected entity of its
right to request a hearing on the
immediate suspension within 15 days of
the suspension taking place and the
procedures for the conduct of such a
hearing.
(5) Any notice, decision, or order
issued by EPA under this section, any
transcript or other verbatim record of
oral testimony, and any documents filed
by a certified individual or firm in a
hearing under this section will be
available to the public, except as
otherwise provided by section 14 of
TSCA or by part 2 of this title. Any such
hearing at which oral testimony is
presented will be open to the public,
except that the Presiding Officer may
exclude the public to the extent
necessary to allow presentation of
information which may be entitled to
confidential treatment under section 14
of TSCA or part 2 of this title.
(6) EPA will maintain a publicly
available list of entities whose
certification has been suspended,
revoked, modified or reinstated.
16. Section 745.220 is amended by
revising paragraph (a) to read as follows:
§ 745.220
Scope and applicability.
(a) This subpart contains procedures
and requirements for the accreditation
of training programs for lead-based
paint activities and renovations,
procedures and requirements for the
certification of individuals and firms
engaged in lead-based paint activities,
and work practice standards for
performing such activities. This subpart
also requires that, except as discussed
below, all lead-based paint activities, as
defined in this subpart, be performed by
certified individuals and firms.
*
*
*
*
*
17. Section 745.225 is amended as
follows:
a. Revise paragraph (a).
b. Revise the introductory text of
paragraph (b), revise paragraph (b)(1)(ii),
and add paragraph (b)(1)(iv)(C).
c. Revise the introductory text of
paragraph (c), add paragraphs (c)(6)(vi),
(c)(6)(vii), and (c)(8)(vi), and revise
paragraphs(c)(8)(iv) and (c)(10).
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d. Amend paragraph (c)(13) by
replacing the phrase ‘‘lead-based paint
activities’’ with the phrase ‘‘renovator,
dust sampling technician, or lead-based
paint activities’’ wherever it appears in
the paragraph.
e. Add paragraphs (d)(6) and (d)(7).
f. Revise the introductory text of
paragraph (e).
g. Amend paragraph (e)(1) by
removing the word ‘‘activities’’
wherever it appears in the paragraph.
h. Revise paragraph (e)(2).
§ 745.225 Accreditation of training
programs; target housing and childoccupied facilities.
(a) Scope. (1) A training program may
seek accreditation to offer courses in
any of the following disciplines:
Inspector, risk assessor, supervisor,
project designer, abatement worker,
renovator, and dust sampling
technician. A training program may also
seek accreditation to offer refresher
courses for each of the above listed
disciplines.
(2) Training programs may first apply
to EPA for accreditation of their leadbased paint activities courses or
refresher courses pursuant to this
section on or after August 31, 1998.
Training programs may first apply to
EPA for accreditation of their renovator
or dust sampling technician courses or
refresher courses pursuant to this
section on or after [insert date 1 year
after date of publication of the final rule
in the Federal Register].
(3) A training program must not
provide, offer, or claim to provide EPAaccredited lead-based paint activities
courses without applying for and
receiving accreditation from EPA as
required under paragraph (b) of this
section on or after March 1, 1999. A
training program must not provide,
offer, or claim to provide EPAaccredited renovator or dust sampling
technician courses without applying for
and receiving accreditation from EPA as
required under paragraph (b) of this
section on or after [insert date 60 days
after date of publication of the final rule
in the Federal Register].
(b) Application process. The
following are procedures a training
program must follow to receive EPA
accreditation to offer lead-based paint
activities courses, renovator courses, or
dust sampling technician courses:
(1) * * *
(ii) A list of courses for which it is
applying for accreditation. For the
purposes of this section, courses taught
in different languages are considered
different courses, and each must
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independently meet the accreditation
requirements.
*
*
*
*
*
(iv) * * *
(C) When applying for accreditation of
a course in a language other than
English, a signed statement from a
qualified, independent translator that
they had compared the course to the
English language version and found the
translation to be accurate.
*
*
*
*
*
(c) Requirements for the accreditation
of training programs. For a training
program to obtain accreditation from
EPA to offer lead-based paint activities
courses, renovator courses, or dust
sampling technician courses, the
program must meet the following
requirements:
*
*
*
*
*
(6) * * *
(vi) The renovator course must last a
minimum of 8 training hours, with a
minimum of 2 hours devoted to handson training activities. The minimum
curriculum requirements for the
renovator course are contained in
paragraph (d)(6) of this section. Handson training activities must cover
renovation methods that minimize the
creation of dust and lead-based paint
hazards, interior and exterior
containment and cleanup methods, and
post-renovation cleaning verification.
(vii) The dust sampling technician
course must last a minimum of 8
training hours, with a minimum of 2
hours devoted to hands-on training
activities. The minimum curriculum
requirements for the dust sampling
technician course are contained in
paragraph (d)(7) of this section. Hands
on training activities must cover dust
sampling methodologies.
*
*
*
*
*
(8) * * *
(iv) For initial inspector, risk assessor,
project designer, supervisor, or
abatement worker course completion
certificates, the expiration date of
interim certification, which is 6 months
from the date of course completion.
*
*
*
*
*
(vi) The language in which the course
was taught.
*
*
*
*
*
(10) Courses offered by the training
program must teach the work practice
standards contained in § 745.85 or
§ 745.227, as applicable, in such a
manner that trainees are provided with
the knowledge needed to perform the
renovations or lead-based paint
activities they will be responsible for
conducting.
*
*
*
*
*
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(d) * * *
(6) Renovator. (i) Role and
responsibility of a renovator.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on
Federal, State, and local regulations and
guidance that pertains to lead-based
paint and renovation activities.
(iv) Procedures for using acceptable
test kits to determine whether paint is
lead-based paint.
(v) Renovation methods to minimize
the creation of dust and lead-based
paint hazards.
(vi) Interior and exterior containment
and cleanup methods.
(vii) Methods to ensure that the
renovation has been properly
completed, including clean-up
verification, and clearance testing.
(viii) Waste handling and disposal.
(7) Dust sampling technician. (i) Role
and responsibility of a dust sampling
technician.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on
Federal, State, and local regulations and
guidance that pertains to lead-based
paint and renovation activities.
(iv) Dust sampling methodologies.
(v) Clearance standards and testing.
(vi) Report preparation.
*
*
*
*
*
(e) Requirements for the accreditation
of refresher training programs. A
training program may seek accreditation
to offer refresher training courses in any
of the following disciplines: Inspector,
risk assessor, supervisor, project
designer, abatement worker, renovator,
and dust sampling technician. To obtain
EPA accreditation to offer refresher
training, a training program must meet
the following minimum requirements:
*
*
*
*
*
(1) * * *
(2) Refresher courses for inspector,
risk assessor, supervisor, and abatement
worker must last a minimum of 8
training hours. Refresher courses for
project designer, renovator, and dust
sampling technician must last a
minimum of 4 training hours.
*
*
*
*
*
18. Section 745.320 is amended by
revising paragraph (c) to read as follows:
§ 745.320
Scope and purpose.
*
*
*
*
*
(c) A State or Indian Tribe may seek
authorization to administer and enforce
all of the provisions of subpart E of this
part or just the pre-renovation education
provisions of subpart E of this part. The
provisions of §§ 745.324 and 745.326
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Sfmt 4702
apply for the purposes of such program
authorizations.
*
*
*
*
*
19. Section 745.324 is amended as
follows:
a. Revise paragraph (a)(1).
b. Delete the phrase ‘‘lead-based paint
training accreditation and certification’’
from the second sentence of paragraph
(b)(1)(iii).
c. Revise paragraph (b)(2)(ii).
d. Revise paragraphs (e)(2)(i) and
(e)(4).
e. Revise paragraph (f)(2).
f. Revise paragraph (i)(8).
§ 745.324 Authorization of State or Tribal
programs.
(a) Application content and
procedures. (1) Any State or Indian
Tribe that seeks authorization from EPA
to administer and enforce the provisions
of subpart E or subpart L of this part
must submit an application to the
Administrator in accordance with this
paragraph.
*
*
*
*
*
(b) * * *
(2) * * *
(i) * * *
(ii) An analysis of the State or Tribal
program that compares the program to
the Federal program in subpart E or
subpart L of this part, or both. This
analysis must demonstrate how the
program is, in the State’s or Indian
Tribe’s assessment, at least as protective
as the elements in the Federal program
at subpart E or subpart L of this part, or
both. EPA will use this analysis to
evaluate the protectiveness of the State
or Tribal program in making its
determination pursuant to paragraph
(e)(2)(i) of this section.
*
*
*
*
*
(e) * * *
(2) * * *
(i) The State or Tribal program is at
least as protective of human health and
the environment as the corresponding
Federal program under subpart E or
subpart L of this part, or both; and
*
*
*
*
*
(4) If the State or Indian Tribe applies
for authorization of State or Tribal
programs under both subpart E and
subpart L, EPA may, as appropriate,
authorize one program and disapprove
the other.
*
*
*
*
*
(f) * * *
(2) If a State or Indian Tribe does not
have an authorized program to
administer and enforce the prerenovation education requirements of
subpart E of this part by August 31,
1998, the Administrator will, by such
date, enforce those provisions of subpart
E:\FR\FM\05JNP1.SGM
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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Proposed Rules
E of this part as the Federal program for
that State or Indian Country. If a State
or Indian Tribe does not have an
authorized program to administer and
enforce the training, certification and
accreditation requirements and work
practice standards of subpart E of this
part by [insert date 1 year after date of
publication of the final rule in the
Federal Register], the Administrator
will, by such date, enforce those
provisions of subpart E of this part as
the Federal program for that State or
Indian Country.
*
*
*
*
*
(i) * * *
(8) By the date of such order, the
Administrator will establish and enforce
the provisions of subpart E or subpart L
of this part, or both, as the Federal
program for that State or Indian
Country.
20. Section 745.326 is revised to read
as follows:
cprice-sewell on PROD1PC71 with PROPOSALS
§ 745.326 Renovation: State and Tribal
program requirements.
(a) Program elements. To receive
authorization from EPA, a State or
Tribal program must contain the
following program elements:
(1) For pre-renovation education
programs, procedures and requirements
for the distribution of lead hazard
information to owners and occupants of
target housing and child-occupied
facilities before renovations for
compensation.
(2) For renovation training,
certification, accreditation, and work
practice standards programs:
(i) Procedures and requirements for
the accreditation of renovation and dust
sampling technician training programs.
(ii) Procedures and requirements for
the certification of renovators and dust
sampling technicians.
(iii) Procedures and requirements for
the certification of individuals and/or
firms.
(iv) Requirements that all renovations
be conducted by appropriately certified
individuals and/or firms.
(v) Work practice standards for the
conduct of renovations.
(3) For all renovation programs,
development of the appropriate
infrastructure or government capacity to
effectively carry out a State or Tribal
program.
(b) Pre-renovation education. To be
considered at least as protective as the
Federal program, the State or Tribal
program must:
(1) Establish clear standards for
identifying renovation activities that
trigger the information distribution
requirements.
(2) Establish procedures for
distributing the lead hazard information
VerDate Aug<31>2005
15:43 Jun 04, 2007
Jkt 211001
to owners and occupants of housing and
child-occupied facilities prior to
renovation activities.
(3) Require that the information to be
distributed include either the pamphlet
titled Protect Your Family from Lead
During Renovation, Repair & Painting,
developed by EPA under section 406(a),
or an alternate pamphlet or package of
lead hazard information that has been
submitted by the State or Tribe,
reviewed by EPA, and approved by EPA
for that State or Tribe. Such information
must contain renovation-specific
information similar to that in Protect
Your Family from Lead During
Renovation, Repair & Painting, must
meet the content requirements
prescribed by section 406(a) of TSCA,
and must be in a format that is readable
to the diverse audience of housing and
child-occupied facility owners and
occupants in that State or Tribe.
(i) A State or Tribe with a prerenovation education program approved
before [insert date 60 days after date of
publication of the final rule in the
Federal Register] must demonstrate that
it meets the requirements of this section
no later than the first report that it
submits pursuant to § 745.324(h) of this
subpart on or after [insert date 1 year
after date of publication of the final rule
in the Federal Register].
(ii) A State or Tribe with an
application for approval of a prerenovation education program
submitted but not approved before
[insert date 60 days after date of
publication of the final rule in the
Federal Register] must demonstrate that
it meets the requirements of this section
either by amending its application or in
the first report that it submits pursuant
to § 745.324(h) of this part on or after
[insert date 1 year after date of
publication of the final rule in the
Federal Register].
(iii) A State or Indian Tribe
submitting its application for approval
of a pre-renovation education program
on or after [insert date 60 days after date
of publication of the final rule in the
Federal Register] must demonstrate in
its application that it meets the
requirements of this section.
(c) Accreditation of training programs.
To be considered at least as protective
as the Federal program, the State or
Tribal program must meet the
requirements of either paragraph (c)(1)
or (c)(2) of this section:
(1) The State or Tribal program must
establish accreditation procedures and
requirements, including:
(i) Procedures and requirements for
the accreditation of training programs,
including, but not limited to:
PO 00000
Frm 00069
Fmt 4702
Sfmt 4702
31047
(A) Training curriculum
requirements.
(B) Training hour requirements.
(C) Hands-on training requirements.
(D) Trainee competency and
proficiency requirements.
(E) Requirements for training program
quality control.
(ii) Procedures and requirements for
the re-accreditation of training
programs.
(iii) Procedures for the oversight of
training programs.
(iv) Procedures and standards for the
suspension, revocation, or modification
of training program accreditations; or
(2) The State or Tribal program must
establish procedures and requirements
for the acceptance of renovation training
offered by training providers accredited
by EPA or a State or Tribal program
authorized by EPA under this subpart.
(d) Certification of renovators. To be
considered at least as protective as the
Federal program, the State or Tribal
program must:
(1) Establish procedures and
requirements for individual certification
that ensure that certified renovators are
trained by an accredited training
program.
(2) Establish procedures and
requirements for re-certification.
(3) Establish procedures for the
suspension, revocation, or modification
of certifications.
(e) Work practice standards for
renovations. To be considered at least as
protective as the Federal program, the
State or Tribal program must establish
standards that ensure that renovations
are conducted reliably, effectively, and
safely. At a minimum, the State or
Tribal program must contain the
following requirements:
(1) Renovations must be conducted
only by certified contractors.
(2) Renovations are conducted using
lead-safe work practices that are at least
as protective to occupants as the
requirements in § 745.85.
(3) Certified contractors must retain
appropriate records.
21. Section 745.327 is amended by
revising paragraphs (b)(1)(iv) and
(b)(2)(ii) to read as follows:
§ 745.327 State or Indian Tribal lead-based
paint compliance and enforcement
programs.
*
*
*
*
*
(b) * * *
(1) * * *
(iv) Requirements that regulate the
conduct of renovation activities as
described at § 745.326.
(2) * * *
(ii) For the purposes of enforcing a
renovation program, State or Tribal
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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Proposed Rules
officials must be able to enter a firm’s
place of business or work site.
*
*
*
*
*
22. Section 745.339 is revised to read
as follows:
§ 745.339
Effective dates.
States and Indian Tribes may seek
authorization to administer and enforce
subpart L of this part pursuant to this
subpart at any time. States and Indian
Tribes may seek authorization to
administer and enforce subpart E of this
part pursuant to this subpart effective
[insert date 60 days after date of
publication of the final rule in the
Federal Register].
[FR Doc. E7–10797 Filed 6–4–07; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2007–27871]
RIN 2126–AB09
Fees for Unified Carrier Registration
Plan and Agreement; Correction
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
SUMMARY: On May 29, 2007, (72 FR
29472), FMCSA published a proposed
rule in the Federal Register that would
establish annual fees and a fee bracket
structure for the Unified Carrier
Registration Agreement. This action is
required under the Unified Carrier
Registration Act of 2005, enacted as
Subtitle C of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users. This document
corrects some errors in that proposed
rule.
The comment period has not
changed. You must submit comments
on the proposed rule on or before June
13, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
David Miller, Regulatory Development
Division, (202) 366–5370 or by e-mail at:
FMCSAregs@DOT.gov.
SUPPLEMENTARY INFORMATION: The
Federal Motor Carrier Safety
Administration (FMCSA) published a
proposed rule in the Federal Register of
May 29, 2007 (72 FR 29472). That
document proposed to establish fees
and a fee bracket structure for the
Unified Carrier Registration Agreement.
cprice-sewell on PROD1PC71 with PROPOSALS
DATES:
VerDate Aug<31>2005
15:43 Jun 04, 2007
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Inadvertently, there were a number of
errors in the preamble of that document.
In proposed rule FR Doc. 07–2652,
beginning on page 29472 in the issue of
May 29, 2007, make all the following
corrections.
1. On page 29472, beginning in the
first column, correct the Addresses
section to read:
ADDRESSES: You may submit comments,
identified by DOT DMS Docket Number
FMCSA–2007–27871, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
dms.dot.gov. Follow the instructions for
submitting comments on the DOT
electronic docket site. Note: Due to the
relocation of the U.S. Department of
Transportation, the DOT electronic
docket site will not be available between
June 13 and June 17, 2007. During this
time you may submit comments by one
of the alternate methods listed.
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Ave., SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Ave., SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number (FMCSA–2007–27871). Note
that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Act heading for further
information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave., SE, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except
Federal holidays.
Privacy Act: Anyone is able to search
the electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
dms.dot.gov.
PO 00000
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Fmt 4702
Sfmt 4702
Comments received after the comment
closing date will be included in the
docket and we will consider late
comments to the extent practicable.
FMCSA may, however, issue a final rule
at any time after the close of the
comment period.
Correct the SUPPLEMENTARY
INFORMATION section by making all of the
following changes.
2. On page 29472, in the third
column, add this sentence to the end of
the I. Legal Basis for the Rulemaking
section, immediately above the II.
Statutory Requirements for UCR Fees
heading:
Because of this very short time period set
by the statute to complete the rulemaking,
the comment period for this notice of
proposed rulemaking will be fifteen days.
3. On page 29472, in the third
column, in the first sentence under the
II. Statutory Requirements for UCR Fees
heading, correct the U.S.C. reference to
read: ‘‘(see 49 U.S.C. 14504a(d)(7)(A),
(f)(1) and (g))’’.
4. On page 29478, under the heading
E. Carrier Population, in the third
column, change three numbers to
correct an arithmetical error. On line 14,
correct ‘‘6,647’’ to ‘‘6,665’’ wherever it
appears. On lines 27 and 32, correct
‘‘2,532’’ to ‘‘2,550’’ wherever it appears.
On line 33, correct ‘‘2,582’’ to ‘‘2,600.’’
5. On page 29480, in the third
column, under the heading National
Environmental Policy Act, correct the
reference on line 4 that reads ‘‘(42
D.S.C. 4321 et seq.)’’ to read ‘‘(42 U.S.C.
4321 et seq.)’’ and the reference on line
20 that reads ‘‘(42 D.S.C. 7401 et seq.)’’
to read ‘‘(42 U.S.C. 7401 et seq.)’’.
6. On page 29481, in the first column,
on line 5 under the heading Executive
Order 13211 (Energy Effects), correct
‘‘VSE’’ to read ‘‘Use.’’
Issued on: May 31, 2007.
William A. Quade,
Acting Associate Administrator for
Enforcement and Program Delivery.
[FR Doc. 07–2787 Filed 5–31–07; 3:23 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Wolverine as
Threatened or Endangered
AGENCY:
Fish and Wildlife Service,
Interior.
E:\FR\FM\05JNP1.SGM
05JNP1
]]>Agencies
[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Proposed Rules]
[Pages 31022-31048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10797]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2005-0049; FRL-8132-7]
RIN 2070-AC83
Lead; Renovation, Repair, and Painting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: On January 10, 2006, EPA proposed new requirements under the
authority of section 402(c)(3) of the Toxic Substances Control Act
(TSCA) to reduce exposure to lead hazards created by renovation,
repair, and painting activities that disturb lead-based paint in target
housing. ``Target housing'' is defined in TSCA section 401 as any
housing constructed before 1978, except housing for the elderly or
persons with disabilities (unless any child under age 6 resides or is
expected to reside in such housing) or any 0-bedroom dwelling. The 2006
proposal would establish requirements for training renovators and dust
sampling technicians; for certifying renovators, dust sampling
technicians, and renovation firms; for accrediting providers of
renovation and dust sampling technician training; for renovation work
practices; and for recordkeeping. That proposal would also allow
interested States, Territories, and Indian Tribes the opportunity to
apply for and receive authorization to administer and enforce all of
the elements of the new renovation requirements. This supplemental
notice contains EPA's proposal to add child-occupied facilities to the
buildings covered by the 2006 proposal. Child-occupied facilities may
be located in public or commercial buildings or in target housing. A
child-occupied facility would be defined as a building, or a portion of
a building, constructed prior to 1978, visited regularly by the same
child, under 6 years of age, on at least two different days within any
week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visits last at least 6
hours, and the combined annual visits last at least 60 hours.
DATES: Comments must be received on or before July 5, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2005-0049, by one of the following methods:
[[Page 31023]]
Federal eRulemaking Portal: 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 DCO'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-OPP-
2005-0049. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
https://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically
athttps://www.regulations.gov, or, if only available in hard copy, at
the OPPT Docket. The OPPT Docket is located in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
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, DC 20460-0001; telephone number: (202) 566-0521; e-mail
address: wilson.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you perform
renovations of child-occupied facilities for compensation or dust
sampling in child-occupied facilities. EPA is proposing to define a
child-occupied facility as a building, or a portion of a building,
constructed prior to 1978, visited regularly by the same child, under 6
years of age, on at least two different days within any week (Sunday
through Saturday period), provided that each day's visit lasts at least
3 hours and the combined weekly visits last at least 6 hours, and the
combined annual visits last at least 60 hours. Examples of child-
occupied facilities are day-care centers, preschools, and kindergarten
classrooms. Child-occupied facilities may be located in target housing
or in public or commercial buildings. 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, nonresidential construction.
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 and
nonresidential buildings, property managers.
Child day care services (NAICS 624410).
Elementary and secondary schools (NAICS 611110), e.g.,
elementary schools with kindergarten classrooms.
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 Units IV.B. and IV.C.
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
[[Page 31024]]
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 as 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 your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest 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. Background
A. What Action is the Agency Taking?
EPA is proposing to add child-occupied facilities to the universe
of buildings covered by a prior proposal. EPA would apply all of the
training, certification, accreditation, work practice, and
recordkeeping requirements of the January 10, 2006 proposal (``2006
Proposal'', Ref. 1) to child-occupied facilities. A child-occupied
facility would be defined as ``a building, or a portion of a building,
constructed prior to 1978, visited regularly by the same child, under 6
years of age, on at least two different days within any week (Sunday
through Saturday period), provided that each day's visit lasts at least
3 hours and the combined weekly visits last at least 6 hours, and the
combined annual visits last at least 60 hours.'' Examples of child-
occupied facilities are day-care centers, preschools, and kindergarten
classrooms. Child-occupied facilities may be located in target housing
or in public or commercial buildings.
The purpose of the 2006 Proposal was to establish new requirements
to reduce exposure to lead hazards created by renovation, repair, and
painting activities that disturb lead-based paint. The proposal
contained 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; for renovation work practices; and for
recordkeeping. These requirements would apply in ``target housing,''
which is defined in TSCA section 401 as ``any housing constructed
before 1978, except housing for the elderly or persons with
disabilities (unless any child under age 6 resides or is expected to
reside in such housing) or any 0-bedroom dwelling.'' Initially the rule
would apply to all renovations for compensation performed in (1) target
housing where a child with an increased blood lead level resides; (2)
rental target housing built before 1960; and (3) owner-occupied target
housing built before 1960, unless, with respect to owner-occupied
target housing, the person performing the renovation obtains a
statement signed by the owner-occupant that the renovation will occur
in the owner's residence and that no child under age 6 resides there.
EPA proposed a subsequent phase-in for target housing built in the
years 1960 through 1977, with certain exemptions. The training,
certification, accreditation, work practice, and recordkeeping
requirements of the 2006 Proposal would apply to all persons who do
renovation for compensation, including renovation contractors,
maintenance workers in multi-family housing, painters and other
specialty trades, with certain exceptions. The 2006 Proposal contains
exemptions for owner-occupied target housing where no children under
age 6 reside, minor repair and maintenance activities that disrupt two
square feet or less of painted surfaces per component, or renovations
where specified methods have been used to determine that the areas
affected by the renovation are free of lead-based paint.
In this document, EPA is proposing to apply these same training,
certification, accreditation, work practice, and recordkeeping
requirements and exemptions to firms and individuals who perform
renovations for compensation in child-occupied facilities. EPA welcomes
comment on this supplemental proposal by entities, such as day care
providers, elementary schools, and public or commercial building
owners, who would be affected by the expanded scope of coverage. EPA
intends to review the comments received on this supplementary proposal
and then promulgate a final rule addressing both the 2006 Proposal and
this proposal.
B. What is the Agency's Authority for Taking this Action?
These training, certification and accreditation requirements and
work practice standards are being proposed pursuant to the authority of
TSCA section 402(c)(3), 15 U.S.C. 2682(c)(3), as amended by Title X of
the Housing and Community Development Act of 1992, Public Law 102-550
(also known as the Residential Lead-Based Paint Hazard Reduction Act of
1992) (``the Act'' or ``Title X''). The notification and recordkeeping
requirements associated with child-occupied facilities are being
proposed pursuant to section 407 of TSCA. The Model State Program and
amendments to the regulations on the authorization of State and Tribal
programs with respect to renovators and dust sampling technicians are
being proposed pursuant to section 404 of TSCA, 15 U.S.C. 2684.
III. Introduction
A. Reason for this Supplemental Notice
On January 10, 2006, EPA issued a notice of proposed rulemaking for
requirements to reduce exposure to lead hazards created by renovation,
repair, and painting activities that disturb lead-based paint in target
housing (Ref. 1). EPA received approximately 250 comments from a wide
variety of commenters, including State and local governments, industry
groups, advocacy groups, renovation contractors, training providers,
and individuals. Twenty-nine of those commenters observed that the
proposal did not cover buildings where children under age 6 spend a
great deal of time, such as day care centers and schools. Commenters
noted that the risk posed to children from lead-based paint hazards in
schools and day-care centers is likely to be equal to, if not greater
than, the risk posed from these hazards at home. These commenters
suggested that EPA expand its proposal to include such places. Several
suggested that EPA use the definition of ``child-occupied facility'' in
40 CFR Sec. 745.223 to define the expanded scope of coverage.
[[Page 31025]]
EPA believes that the suggestions regarding day care centers and
schools have merit. EPA is therefore issuing this supplemental proposal
to specifically propose expanding the scope of the renovation, repair
and painting program to these facilities. EPA believes that the
proposed findings underlying the 2006 Proposal also support the
expansion of coverage to child-occupied facilities.
B. Development of the Final Rule
It is EPA's intention to issue a final rule based on the 2006
Proposal and this supplemental proposal. As EPA moves forward with the
development of the final rule, the Agency is considering the comments
and information received during the public comment periods in 2006, and
expects to consider the comments related to child-occupied facilities
and any new information received on this supplemental proposal. In
addition, as discussed in the 2006 Proposal, EPA intends to prepare
further analyses and updated assessments for the final rule that will
use the information received, as well as the data generated by the EPA
study ``Characterization of Dust Lead Levels after Renovation, Repair,
and Painting Activities'' (``Dust Study'', Ref. 10), and by the
National Association of Home Builders' (NAHB) ``Lead Safe Work
Practices Survey'' (``NAHB Survey'', Ref. 11). EPA will also consider
the comments received on proposed work practice standards in light of
the results of these studies.
EPA is also updating the hazard and exposure assessments it used as
a basis for estimating the benefits of the rulemaking. This benefits
analysis is part of the economic analysis for the rulemaking. The
hazard assessment for the final rule will be based on a hazard
assessment that has recently undergone peer review by the Clean Air
Science Advisory Committee (CASAC) Lead Review Panel. The revised
exposure assessment for the final rule, which will use the data
generated by EPA's Dust Study, the NAHB Survey, and other available
information, will also undergo a peer review by the CASAC Lead Review
Panel. The CASAC, which is comprised of seven members appointed by the
EPA Administrator, was established under the Clean Air Act as an
independent scientific advisory committee. More information on the
CASAC consultation process, along with background documents, is
available on EPA's website athttps://www.epa.gov/lead/pubs/casac.htm.
EPA is not yet able to say with any certainty how the economic
analyses or proposed requirements might change for the final rule as a
result of the additional analyses underway or planned, or EPA's
consideration of comments or new information received on this
supplemental proposal. The Agency does, however, expect that changes
may occur.
C. Previous EPA Rulemakings on Lead-based Paint and Lead-based Paint
Hazards in Child-Occupied Facilities
In 1996, EPA promulgated the final lead-based paint activities
regulations under TSCA section 402(a), codifying them at 40 CFR part
745, subpart L. These regulations were designed to protect the public
from the hazards of improperly conducted lead-based paint inspections,
risk assessments and abatement projects. The regulation includes:
Training and certification requirements to ensure the
proficiency of contractors who offer these services.
Accreditation requirements to ensure that training
programs provide quality instruction in current and effective work
practices.
Work practice standards to ensure that these lead-based
paint activities are conducted safely, reliably and effectively.
As initially proposed in 1994, requirements for the training and
certification of contractors and the accreditation of training
programs, as well as specific work practice standards would have
applied to lead-based paint activities conducted in target housing and
public buildings (Ref. 2). A slightly different set of requirements
would have applied to lead-based paint activities conducted in
commercial buildings and on bridges and other structures. The 1994
proposal would have defined public buildings to include all buildings
generally open to the public or occupied or visited by children, such
as stores, museums, airports, offices, restaurants, hospitals, and
government buildings, as well as schools and day-care centers. During
the comment period, a significant majority of commenters expressed the
concern that applying these regulations to activities in all of the
buildings that EPA would consider public would result in significant
costs without a comparable reduction in lead-based paint exposures for
children under age 6, the population most vulnerable to lead exposures.
Many of these commenters recommended that EPA focus its attention on
buildings that are frequented by children, rather than on buildings
that may be briefly visited by children. In response to these comments,
EPA established, in the final rule, a subset of the buildings EPA had
intended to define as public. This subset, called ``child-occupied
facilities,'' was delineated in terms of the frequency and duration of
visits by children (Ref. 3). ``Child-occupied facility'' is defined in
40 CFR 745.223 as `` a building, or portion of a building, constructed
prior to 1978, visited regularly by the same child, 6 years of age or
under, on at least two different days within any week (Sunday through
Saturday period), provided that each day's visit lasts at least 3 hours
and the combined weekly visits last at least 6 hours, and the combined
annual visits last at least 60 hours. Child-occupied facilities may
include, but are not limited to, day care centers, preschools and
kindergarten classrooms.'' The training, certification, accreditation,
and work practice requirements of the final lead-based paint activities
regulations, codified at 40 CFR part 745, subpart L, apply only to
activities in target housing and child-occupied facilities.
Subsequently, in 1998, EPA initiated rulemaking under TSCA section
403 to identify lead-based paint hazards. The final standards,
promulgated in 2001 and codified at 40 CFR part 745, subpart D, define
paint-lead, dust-lead, and soil-lead hazards (Ref. 4). Under 40 CFR
745.61(b), these standards are applicable to target housing and child-
occupied facilities. The definition of paint-lead hazard refers to the
presence of damaged or deteriorated lead-based paint, as well as lead-
based paint on surfaces where it can be damaged, abraded, or ingested.
A dust-lead hazard is defined as surface dust that contains a mass-per-
area concentration of lead equal to or exceeding 40 micrograms per
square foot ([mu]g/ft\2\) on floors or 250 [mu]g/ft\2\ on interior
window sills based on wipe samples. A soil-lead hazard is defined as
bare soil that contains total lead equal to or exceeding 400 parts per
million ([mu]g/g) in a play area or an average of 1,200 parts per
million in the rest of the yard based on soil samples. As discussed in
detail in the preamble to the final TSCA section 403 regulations, the
dust-lead and soil-lead hazard standards were set with reference to the
likelihood that an exposure to such a level would result in a blood
lead level above 10 micrograms per deciliter ([mu]g/dL) in a child
(Ref. 4 at 1216-1217). This was based on the level that the Centers for
Disease Control and Prevention had set as the level of concern for
community action. This level is not a threshold for toxicity.
[[Page 31026]]
IV. Renovation Activities in Child-occupied Facilities
A. TSCA Section 402(c)(3) Determination
The 2006 Proposal was issued under the authority of TSCA section
402(c), which directs EPA to revise its TSCA section 402(a) lead-based
paint activities regulations to apply to renovation activities that
create lead-based paint hazards. The revisions proposed in the 2006
Proposal were based on, among other things, a study of renovation
activities that EPA conducted as directed by TSCA section 402(c)(2).
This study is discussed in greater length in the 2006 Proposal (Ref. 1
at 1591). In this study, EPA found that the following renovation
activities, when conducted where lead-based paint is present, generated
lead loadings on floors that exceeded 40 [mu]g/ft\2\, the dust-lead
hazard standard for floors in 40 CFR 745.65(b):
Paint removal by abrasive sanding.
Window replacement.
HVAC duct work.
Demolition of interior plaster walls.
Drilling into wood.
Sawing into wood.
Sawing into plaster.
These results, along with the results of other phases of the study,
which evaluated worker exposures and the blood lead levels of children
in homes where renovations have taken place, led EPA to propose to
conclude that renovation activities that disturb lead-based paint cause
lead dust in amounts that will create, or could reasonably be
anticipated to create, dust-lead hazards.
The dust-lead hazard standards are the same for target housing and
child-occupied facilities. EPA believes that the individual activities
examined in its renovation study are likely to be part of renovation
activities in child-occupied facilities as well as in target housing.
EPA is therefore proposing to find that renovation activities that
disturb lead-based paint in child-occupied facilities will create, or
are reasonably anticipated to create, lead-based paint hazards. EPA
requests comment on this proposed finding as well as any available data
or studies on the similarities and differences between renovation
activities in target housing and renovation activities in child-
occupied facilities.
B. Buildings Covered
1. Buildings covered by the 2006 Proposal. The requirements of the
2006 Proposal would take effect in two major phases. In the first
phase, the proposed requirements would apply to renovations performed
for compensation in:
Target housing where the firm performing the renovation
obtains information indicating that a child under age 6 resides there,
if the child has a blood-lead level greater than or equal to 10 [mu]g/
dL or a State or local government level of concern, if lower, or the
firm does not provide the owners and occupants with the opportunity to
inform the firm that a child under age 6 with such a blood-lead level
resides there.
Owner-occupied target housing built before 1960, unless
the firm performing the renovation obtains a statement signed by the
owner that the renovation will occur in the owner's residence and no
child under age 6 resides there.
Rental target housing built before 1960.
The second phase, which would take effect 1 year after the first
phase takes effect, would extend the proposed requirements to:
Owner-occupied target housing built between 1960 and 1978,
unless the firm performing the renovation obtains a statement signed by
the owner that the renovation will occur in the owner's residence and
no child under age 6 resides there.
Rental target housing built between 1960 and 1978.
EPA proposed the two-phase approach primarily because of the
reduced prevalence of lead-based paint in housing constructed between
1960 and 1978. According to the National Survey of Lead and Allergens
in Housing, 24% of the housing constructed between 1960 and 1978
contains lead-based paint (Ref. 5). As discussed in the 2006 Proposal,
EPA is working toward the development of improved test kits that could
be used to determine whether or not lead-based paint is present in an
area to be renovated (Ref. 1 at 1599). These kits are expected to be
commercially available by the time that the second phase of the
proposal would take effect, and thus could be used to accurately
exclude the 76% of housing constructed between 1960 and 1978 that does
not contain lead-based paint.
The 2006 Proposal also discussed several other options for
applicability based on the age of the housing, including a single phase
regulation covering pre-1960 target housing or pre-1978 target housing.
EPA received a great many comments on this aspect of the proposal and
the merits of these comments are still being considered.
2. Buildings covered by this proposal--a. Background. This proposal
would extend the coverage of the training, certification,
accreditation, work practice, and recordkeeping requirements of the
2006 Proposal to buildings that children under age 6 frequent, such as
day care centers, preschools, and kindergarten classrooms. To
accomplish this, EPA is proposing to incorporate into 40 CFR 745.83 the
definition of ``child-occupied facility'' from 40 CFR 745.223, with two
modifications. The proposed definition would refer to visits by
children under age 6, rather than to visits by children 6 and under, to
make the definition consistent with the other scope provisions of the
2006 Proposal. In addition, the proposed definition would clarify that
child-occupied facilities may be located in target housing or public or
commercial buildings.
The preamble to the 1996 final lead-based paint activities
regulations referred to child-occupied facilities as a subset of
buildings that EPA had initially proposed to call ``public buildings''
(Ref. 3 at 45780). The proposed definition of ``public building'' in
the lead-based paint activities rulemaking included buildings that may
also be thought of as commercial buildings, such as office buildings.
In order to avoid any potential confusion over the scope of buildings
covered by this supplemental proposal, EPA is proposing to use the
phrase ``public or commercial building'' to denote buildings generally
open to the public or occupied or visited by children. Public or
commercial buildings would include stores, museums, airport terminals,
convention centers, office buildings, restaurants, hospitals, schools,
government buildings, and day care centers.
EPA is proposing to use the term ``child-occupied facility'' in
this rulemaking to identify buildings, or portions of buildings, that
would be covered by the rule, regardless of whether those buildings are
target housing or public or commercial buildings. EPA is proposing to
use the term this way to ensure that day care centers located in target
housing would be covered.
One of the elements of the 2006 Proposal is a provision allowing
owners of target housing to opt out of the rule if they occupy the
housing to be renovated and there is no child under age 6 in residence.
If this provision were retained in the final rule, and the definition
of ``child-occupied facility'' did not apply in target housing, the
rule would not cover child care centers in owner-occupied target
housing where no children under age 6 reside. To ensure that these
types of day care
[[Page 31027]]
centers are covered, EPA is proposing to add a sentence to the
definition of ``child-occupied facility'' that states: ``Child-occupied
facilities may be located in target housing or in public or commercial
buildings.''
b. Child-occupied facilities in target housing. This supplemental
proposal would cover owner-occupied target housing that meets the
definition of ``child-occupied facility'' in the same way that EPA
would cover owner-occupied target housing where a child under age 6
resides. The 2006 Proposal, in effect, would require a renovation firm
to assume that target housing is the residence of a child under age 6
unless the firm obtains a statement signed by the owner that the owner
resides in the housing to be renovated and no child under age 6 also
resides there. With this proposal, EPA would require a similar
assumption on the part of the renovation firm with respect to whether
target housing is also a child-occupied facility. A renovation firm
would be required to assume that target housing is either the residence
of a child under age 6 or a child-occupied facility unless the firm
obtains a statement signed by the owner that the owner resides in the
housing to be renovated, no child under age 6 also resides there, and
the housing is not a child-occupied facility. The 2006 Proposal would
cover rental target housing regardless of the presence of a child under
age 6, so it is not necessary to require a similar assumption in that
case. EPA believes that it is reasonable to require renovators to
assume that a child-occupied facility exists in owner-occupied target
housing.
An alternative approach would merely require the renovation firm to
give the owner an opportunity to inform the firm that child care for
children under age 6 is provided in the housing. This is the approach
that EPA is proposing to use with respect to children under age 6 with
increased blood lead levels for the purpose of determining whether
target housing or child-occupied facilities built between 1960 and 1978
would be covered in the first phase of the rule. In the 2006 Proposal,
EPA did not propose to require a renovation firm to assume that a child
under age 6 with an increased blood lead level resides in all target
housing. Rather, the renovation firm would only be required to provide
the owner and occupant with an opportunity to inform the firm that such
a child is in residence. Likewise, EPA is proposing to require a
renovation firm to provide the owner and occupant of a child-occupied
facility with an opportunity to inform the firm that a child under age
6 with an increased blood lead level uses the facility. If the firm is
so informed, the target housing or child-occupied facility would be
covered during the first phase of the rule. If not, and the target
housing or child-occupied facility was built between 1960 and 1978, it
would not be covered until the second phase of the rule.
However, EPA is not proposing to allow renovation firms to assume
that a child-occupied facility is not present in owner-occupied target
housing unless the owner informs the firm that such a facility is
present. EPA is concerned that this approach for child care facilities
in target housing would result in a large number of these facilities
being eliminated from coverage by the proposed rule. As described in
Unit VI.A. and in the document entitled ``Economic Analysis for the
Supplemental Proposed Rule on Child-Occupied Facilities Under the TSCA
Lead Renovation, Repair, and Painting Program'' (``Supplemental
Economic Analysis'', Ref. 6), EPA estimates that approximately
1,559,000 of the child-occupied facilities across the country are
located in target housing, of which an estimated 726,000 were covered
by the 2006 Proposal (either because they are in rental housing or
because they are in owner-occupied housing where a child under age 6
resides). This supplemental proposal will cover an additional 833,000
child-occupied facilities located in target housing (i.e., in owner-
occupied target housing where no child under age 6 resides). EPA
requests comment on the proposed requirement that a renovation firm
assume that owner-occupied target housing contains a child-occupied
facility, and on other possible ways that a renovation firm could
determine whether a child-occupied facility is present in target
housing.
As discussed in the 2006 Proposal, the Pre-Renovation Education
Rule, promulgated under the authority of TSCA section 406(b) and
codified at 40 CFR part 745, subpart E, requires owners and occupants
of target housing to be informed of the potential risks from renovation
projects by providing them with a lead hazard information pamphlet.
Persons performing renovations covered by the existing regulations must
already either obtain a signed acknowledgment from the owner indicating
that the pamphlet has been received, or a certificate of mailing
indicating that the pamphlet was mailed at least 7 days before the
renovation. EPA has modified the sample acknowledgment form it
developed for the 2006 Proposal to add information on child-occupied
facilities. This sample could be used to not only record the owner's
receipt of the lead hazard information pamphlet, but to obtain
additional information on the housing to be renovated, its residents,
and whether the housing is a child-occupied facility (Ref. 7). EPA
seeks comment on this sample acknowledgment, a copy of which is
available in the docket for this proposed rule and on the Agency's Web
page athttps://www.epa.gov/lead/pubs/pre-renovationform.pdf.
c. Child-occupied facilities in public or commercial buildings.
This proposal would treat child-occupied facilities that are not in
target housing somewhat differently. As discussed in Unit IV.D.2., EPA
is proposing to require renovation firms working in child-occupied
facilities in public or commercial buildings to distribute lead hazard
information to owners and occupants and obtain acknowledgments, like
those required under the Pre-Renovation Education Rule for target
housing. However, EPA is not proposing to exempt only those projects in
public or commercial buildings where the renovation firm has obtained a
signed statement by the owner of the building indicating that no child-
occupied facility is present in the building. Rather, the firm would be
able to determine whether or not a particular renovation in a public or
commercial building involves a child-occupied facility. EPA chose this
approach for two reasons. First, it should be much easier for the firm
to determine whether it is renovating a child-occupied facility in a
public or commercial building than it would be for the firm to
determine whether the target housing it is to renovate is also a child-
occupied facility. A stand-alone day care center is likely to have a
name that suggests that it provides day care, and the center's status
as a child-occupied facility should be obvious upon entering the
center. Day care centers in office buildings are likely to have
informational signs posted and the centers are likely to be identified
in the building directory. Elementary schools are likely to have
kindergarten classrooms. The other reason for not imposing a
requirement for firms to obtain a signed owner's statement for each
public or commercial building they renovate is the burden of such a
requirement. The alternative to allowing the firm to determine that a
particular building does not contain a child-occupied facility is to
require the firm to obtain signed statements from the owners of all
public or commercial buildings renovated. These buildings would include
factories, office
[[Page 31028]]
buildings, department stores, restaurants, and service stations, many
of which do not contain child-occupied facilities.
Under the proposed approach, the firm would have to take
appropriate steps to determine whether or not a building is or contains
a child-occupied facility, including asking the building's owner, or
the person contracting for the renovation, whether a child-occupied
facility is present. For example, if a renovation firm accepts a
contract for a project in an elementary school, the firm would have to
determine whether a kindergarten classroom was present, which common
areas the kindergarten children used, and, for exterior projects, which
exterior walls were immediately adjacent to the kindergarten classroom
and associated common areas. Libraries and recreational facilities may
have after-care programs that would cause these buildings to be
considered child-occupied facilities; a renovation firm hired to
renovate a building of this type would have to make inquiries about the
use of the facility by children under age 6. EPA requests comment on
its proposed approach, on the alternative of exempting only those
public or commercial buildings for which the firm has obtained a signed
statement from the owner indicating that there is no child-occupied
facility present, and on any other methods for making the determination
that a child-occupied facility is or is not present in a public or
commercial building.
d. Applicability based on age of building. For the purpose of
determining applicability of the proposed rule, it is EPA's intention
to treat child-occupied facilities, whether they are in target housing
or public or commercial buildings, much the same as covered target
housing. For example, if EPA retains the phase-in approach discussed
previously, the first phase would cover:
Target housing where a child under age 6 with an increased
blood lead level resides.
Rental target housing built before 1960.
Owner-occupied target housing built before 1960 where a
child under age 6 resides.
Child-occupied facilities used by a child under age 6 with
an increased blood lead level.
Child-occupied facilities built before 1960.
The second phase would add:
Rental target housing built between 1960 and 1978.
Owner-occupied target housing built between 1960 and 1978
where a child under age 6 resides.
Child-occupied facilities built between 1960 and 1978.
As discussed in the Supplemental Economic Analysis (Ref. 6), EPA
has estimated that there are approximately 833,000 child-occupied
facilities in target housing that would be covered by this proposal.
EPA assumes that the prevalence of lead-based paint in target housing
where child care is provided is the same as the prevalence of lead-
based paint in target housing as a whole, so there is no reason to
treat these child-occupied facilities differently. In addition, the
First National Environmental Health Survey of Child Care Centers
indicates that 22% of non-home-based child care centers built between
1960 and 1978 contain lead-based paint (Ref. 8). This is slightly less
than the 24% of target housing built between 1960 and 1978 that
contains lead-based paint, but this difference is not sufficient to
justify a difference in regulatory applicability.
e. Common areas. The 2006 Proposal would cover renovations in
common areas in multi-family rental target housing. EPA requested
comment on whether to exempt renovations in common areas in owner-
occupied multi-family target housing if the renovation firm has
obtained the signature of every owner with access to the common area,
stating that the units are owner-occupied and no child under age 6 is
in residence. The term ``common area'' is defined in 40 CFR 745.223 as
``a portion of a building that is generally accessible to all
occupants. Such an area may include, but is not limited to, hallways,
stairways, laundry and recreational rooms, playgrounds, community
centers, garages, and boundary fences.'' In order to exempt from this
supplemental proposal a renovation in a common area in owner-occupied
multi-family target housing, EPA is proposing to require the renovation
firm to obtain the signature of every owner with access to the common
area, stating that, in addition to the units being owner-occupied with
no children under age 6 in residence, no child care for children under
age 6 is provided in the units.
The lead-based paint activities regulations at 40 CFR part 745,
subpart L, apply to common areas in multi-family target housing as well
as to common areas in child-occupied facilities. With this supplemental
proposal, EPA is not proposing to cover all common areas in public or
commercial buildings that contain child-occupied facilities. Rather,
EPA is most concerned with those common areas that are actually used by
children under age 6, such as classrooms, bathrooms, and cafeterias,
and not common areas that the children merely pass through. Similarly,
EPA is not proposing to cover all exterior renovation projects on
public or commercial buildings that contain child-occupied facilities.
EPA is primarily concerned about the projects on the exteriors of
public or commercial buildings that are most likely to affect the
children visiting a child-occupied facility. An exterior renovation
project on the opposite side of a large office building from the child-
occupied facility within the building is far less likely to affect the
children at the facility than an exterior renovation project on the
same side of the building as the children's outdoor playground. For
this reason, EPA is proposing to cover only those exterior renovation
projects that are performed on the same side or sides of the building
as the child-occupied facility or common area. This proposal would,
therefore, incorporate additional text into the definition of ``child-
occupied facility'' to clarify the scope of projects associated with
child-occupied facilities in public or commercial buildings. This text
would read:
In public or commercial buildings that contain child-occupied
facilities, the child-occupied facility encompasses only those
common areas that are routinely used by children under age 6, such
as restrooms and cafeterias. Common areas that children under age 6
only pass through, such as hallways, stairways, and garages, are not
included. In addition, for public or commercial buildings that
contain child-occupied facilities, the child-occupied facility
encompasses only the exterior sides of the building that are
immediately adjacent to the child-occupied facility or the common
areas routinely used by children under age 6.
EPA requests comment on the likelihood that renovation projects in
hallways and stairways, or in rooms not used by children under age 6,
will affect the children using a child-occupied facility in a public or
commercial building. EPA also requests comment on whether all exterior
projects on public or commercial buildings that contain child-occupied
facilities should be covered, whether all common areas in such
buildings should be covered and whether hallways, stairways, and other
areas adjacent to rooms used by children under age 6 should be treated
differently than more remote areas of the building. EPA is particularly
interested in peer-reviewed studies or data that shed light on the
potential exposures and hazards to children under age 6 presented by
renovation projects in areas not used by the children. EPA also
requests other comments on these limitations,
[[Page 31029]]
including the extent to which States, Territories, and Tribes with
authorized lead-based paint activities programs might apply this term
differently.
C. Activities Covered by this Proposal
The 2006 Proposal would cover activities covered by the Pre-
Renovation Education Rule, those activities that meet the definition of
``renovation'' in 40 CFR 745.83. In general, renovations are activities
that modify an existing structure and that result in the disturbance of
painted surfaces. In addition, like the Pre-Renovation Education Rule,
the 2006 Proposal would cover only renovations performed for
compensation. This includes renovations performed by renovation firms
and their employees, as well as renovations performed by owners of
rental property and their employees. Although the owner of rental
property may not be compensated for maintenance and repair work at the
time that the work is performed, tenants generally pay rent for the
right to occupy a rental unit as well as for maintenance services in
that unit. Therefore, EPA considers the payment of rent to be
compensation to the owner of rental property for any renovations
performed on the property.
Likewise, this proposal would only cover activities that fit within
the definition of ``renovation'' in 40 CFR 745.83 and that are
performed for compensation in child-occupied facilities. Compensation
includes pay for work performed, such as that paid to contractors;
wages, such as those paid to employees of contractors, building owners,
and child-occupied facility operators; and rent for target housing or
public or commercial building space. Thus, renovations performed by
renovation contractors and their employees in child-occupied facilities
would be covered, as would be renovations by building owners in child-
occupied facilities, if the building owner receives rent for the child-
occupied facility's space. Renovations in child-occupied facilities
that are performed by employees of the building owner or of the child-
occupied facility would be covered if the employees receive wages or
other compensation for the work performed.
EPA does not, however, consider child care payments to be
compensation for renovations. EPA believes that an agreement to provide
child care in exchange for a payment is not a contract for building
maintenance services in the same way that a lease or other agreement
between a landlord and a tenant generally is. If EPA were to consider
payments for child care as compensation for the purposes of this
regulation, this proposal would cover a great many do-it-yourself
renovations by the owners of target housing in housing they own and
occupy. In 1994, in Unit III.B. of the preamble to the proposed lead-
based paint activities regulations, EPA reviewed section 1021 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992, the section
that added Title IV to TSCA, and determined that the emphasis under
section 402 of TSCA ought to be the certification and training of
contractors, not homeowners. In the course of that review, EPA stated
its belief that TSCA section 402(c)(3), the section under which this
supplemental proposal is being issued, shows that ``Congress'' focus
was on the need to regulate contractors doing renovation and remodeling
activities, and not homeowners doing renovation and remodeling of their
own homes'' (Ref. 2). Considering payments for child care to be
compensation for renovations for the purpose of this supplemental
proposal would make this proposal inconsistent with Congressional
intent.
This proposal would also cover renovations that are being performed
in order to turn a public or commercial building, or part of such a
building, into target housing or a child-occupied facility. EPA has
always understood the lead-based paint activities regulations in 40 CFR
part 745, subpart L, to apply to lead-based paint activities being
conducted as part of the conversion of a building into target housing
or a child-occupied facility. EPA believes that it is especially
important to ensure that renovations done in preparation for use by
children under age 6 are done in a lead-safe manner. Therefore, EPA
proposes to add the following sentence at the end of the definition of
``renovation'' in 40 CFR 745.83:
A renovation performed for the purpose of converting a building,
or part of a building, into target housing or a child-occupied
facility is a renovation under this subpart.
EPA is proposing to apply the same exemptions proposed for target
housing in 2006 to child-occupied facilities. This proposal would
exempt renovations in child-occupied facilities that affect components
that have been determined to be free of lead-based paint by a certified
lead-based paint inspector or risk assessor, or by a certified
renovator using an EPA-approved test kit. Likewise, minor maintenance
and repair activities in child-occupied facilities would be exempt. The
2006 Proposal would limit minor maintenance and repair activities to
those activities that affect 2 square feet or less of painted surface
per component, the current limitation in the Pre-Renovation Education
Rule. However, comment was requested on whether a different exemption
for small projects should be used, such as the small project exception
from EPA's lead-based paint activities regulations at 40 CFR 745.65(d)
and HUD's Lead-Safe Housing Rule at 24 CFR 35.1350(d), which exempt
activities that disturb less than 2 square feet of painted surface per
room or 20 square feet of painted exterior surfaces. Finally, under
this proposal, EPA would apply the same standard to emergency
renovation operations in child-occupied facilities as it would under
the 2006 Proposal to target housing. The 2006 Proposal would require
emergency renovations to be performed in compliance with the
notification, training, certification, and work practice requirements
to the extent practicable. EPA is still evaluating the numerous
comments it received on this aspect of the 2006 Proposal, but it is
EPA's intention to cover emergency renovations in child-occupied
facilities in the same manner that such renovations in target housing
would be covered. EPA requests comment on whether emergency renovation
operations should be treated differently in child-occupied facilities
than in target housing.
D. Requirements for Renovations in Child-Occupied Facilities
1. Training, certification, accreditation, work practice, and
recordkeeping requirements. With this proposal, EPA would extend the
training, certification, accreditation, and work practice standard
requirements of the 2006 Proposal to renovations for compensation in
child-occupied facilities. The 2006 Proposal would require that
renovators be trained in the use of lead safe work practices, that
renovators and firms be certified, that providers of renovation
training be accredited, and that renovators follow renovation work
practice standards. The work practices in the 2006 Proposal included
the posting of warning signs, isolation of the work area, containment
of waste, cleaning, and post-renovation cleaning verification. The 2006
Proposal also would establish a dust sampling technician discipline and
would allow certified dust sampling technicians to collect optional
dust clearance samples after renovations. Consult the 2006 Proposal for
more information on each of these proposed requirements (Ref. 1).
The 2006 Proposal described how the proposed training elements for
renovators as well as most of the proposed work practice standards were
developed with reference to the EPA-HUD model curriculum entitled
``Lead
[[Page 31030]]
Safety for Remodeling, Repair, & Painting'' and the technical documents
used to develop the curriculum, including the ``Guidelines for the
Evaluation and Control of Lead-Based Paint Hazards in Housing'' (HUD
Guidelines) developed by HUD as directed by the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (Ref. 1 at 1608). As discussed in
the Supplemental Economic Analysis for this proposal (Ref. 6), EPA has
determined that approximately 90% of the child-occupied facilities that
would be covered by this proposal are located in target housing.
(Roughly half of the child-occupied facilities in target housing were
covered by the 2006 Proposal either because they are in rental housing
or because they are in owner-occupied housing where a child under age 6
resides.) EPA knows of no reason why the requirements for renovations
conducted in target housing that is also a child-occupied facility
should be different from the requirements in the 2006 Proposal for
renovations in rental target housing and target housing where children
under age 6 reside.
EPA also believes that the training, certification, accreditation,
work practice, and recordkeeping requirements of the 2006 Proposal are
equally applicable to renovations conducted in child-occupied
facilities in public or commercial buildings. The HUD Guidelines were
also used to develop the required training elements in 40 CFR 745.225
for certified lead-based paint activities professionals, such as
abatement supervisors and workers. These individuals, after completing
the required training and being certified by EPA, may perform
abatements in child-occupied facilities as well as in target housing.
Likewise, EPA specifically referenced the HUD Guidelines in 40 CFR
745.227(a)(3) in describing the methods that certified professionals
must follow in performing lead-based paint activities in target housing
or in child-occupied facilities. Thus, EPA did not distinguish between
target housing and child-occupied facilities in designing the training,
certification, and accreditation requirements of the lead-based paint
activities regulations. In addition, the only way that EPA
distinguished between child-occupied facilities and multi-family target
housing in the work practice requirements of 40 CFR 745.227 was in
incorporating special instructions at 40 CFR 745.227(d)(7) for dust
sampling in child-occupied facilities when performing a risk
assessment. In promulgating the lead-based paint activities regulations
under TSCA section 402(a), EPA determined that the same training,
certification, and accreditation requirements would apply in target
housing and child-occupied facilities. In addition, EPA found that the
same work practice requirements would be equally reliable, effective
and safe in target housing and child-occupied facilities. EPA noted
that commenters did not support the development of different sets of
work practices for target housing and child-occupied facilities.
In late 2006, EPA conducted an additional renovation study, which
was designed to characterize dust lead levels at various stages of
renovation projects. As part of this study, renovation projects were
performed in child-occupied facilities in public or commercial
buildings. In a March 16, 2007 Notice of Availability (Ref. 9), EPA
described its intention to consider the results of its Dust Study (Ref.
10), along with the NAHB Survey (Ref. 11), in the development of the
final rule. In the March 2007 notice, EPA requested comment from the
public on the work practice provisions of the 2006 Proposal in light of
the results of these studies.
TSCA section 402(a)(1) directs EPA to promulgate regulations that,
among other things, contain standards for performing lead-based paint
activities, taking into account reliability, effectiveness, and safety.
In revising those regulations to apply to renovation activities in
child-occupied facilities, EPA is proposing to find that the same work
practice requirements would be equally reliable, effective, and safe in
target housing and child-occupied facilities. EPA therefore is
proposing to extend the work practice standards of the 2006 Proposal to
firms and individuals performing renovations in child-occupied
facilities. This proposal would also impose the training,
certification, accreditation, work practice and recordkeeping
requirements of the 2006 Proposal on firms and individuals performing
renovations in child-occupied facilities, because EPA has determined
that the same requirements should apply in child-occupied facilities
and target housing. EPA requests comment on these proposed findings.
EPA also invites commenters to identify peer-reviewed studies and data,
of which EPA may not be aware, that shed light on potential differences
between renovations in target housing and renovations in child-occupied
facilities.
EPA remains concerned about the potential exposures to lead hazards
that may be created by untrained homeowners doing work in the presence
of lead-based paint. EPA specifically requests comment on whether any
aspects of the proposed requirements, such as training, certification,
work practices, or recordkeeping, should be modified to make compliance
more feasible for target housing owner-occupants who provide child care
for compensation and who choose to undertake their own renovations.
2. Information distribution requirements. TSCA section 406(b)
directs EPA to promulgate regulations requiring that every person who
performs renovations for compensation in target housing provide a lead-
hazard information pamphlet to the owner and the occupant of the
housing before the renovation commences. The Pre-Renovation Education
Rule, which implements this directive, was promulgated in 1998 and
codified at 40 CFR part 745, subpart E. Much of the proposed regulatory
text in the 2006 Proposal would be codified in that subpart along with
the existing information distribution regulations.
Under today's proposal, firms and individuals performing
renovations for compensation in target housing, whether or not the
target housing contains a child-occupied facility, would still be
required to provide the lead-hazard information pamphlet as required by
TSCA section 406(b) and its implementing regulations. Today's proposal
would also require a similar information distribution for renovation
projects in child-occupied facilities in public or commercial
buildings. EPA has previously used the authority of TSCA section 407 to
impose notification requirements for lead-based paint training course
providers and for firms performing lead-based paint abatements (Ref.
12). TSCA section 407 authorizes EPA to promulgate recordkeeping or
reporting requirements as necessary for the effective implementation of
TSCA Title IV. EPA finds that the distribution of lead hazard
information, before renovation projects begin, to the owners and
occupants of child-occupied facilities as well as the owners of public
or commercial buildings that contain child-occupied facilities is
necessary to ensure effective implementation of this proposed
regulation. Information on lead hazards, and lead safe work practices
that minimize the creation of hazards, will stimulate interest on the
part of child-occupied facilities and public or commercial building
owners in these work practices and increase the demand for their use.
In addition, providing information to the parents and guardians of
children frequenting child-occupied facilities will enable the
[[Page 31031]]
parents and guardians to make decisions regarding their children's
welfare.
Under this proposal, unless they own the building being renovated,
firms and individuals performing renovation projects in child-occupied
facilities would be required to provide a lead hazard information
pamphlet to the owner of the building and either obtain a signed
acknowledgment that the owner received the pamphlet or document through
a certificate of mailing that the pamphlet was mailed to the owner at
least 7 days, but no more than 60 days, before the date that the
renovation begins. In addition, if the renovation is not being
performed by the entity that operates the child-occupied facility, a
lead hazard information pamphlet must be provided to an adult
representative of the child-occupied facility and a signed
acknowledgment obtained, the reason for the lack of a signed
acknowledgment documented, or a certificate of mailing obtained. EPA is
also proposing to require that the renovation firm either distribute
the pamphlet and general information on the renovation project to the
parents or guardians of children using the facility or post, while the
project is ongoing, informational signs describing the general nature
and locations of the project and the anticipated completion date. These
signs must be posted in areas where they can be seen by the parents or
guardians of the children frequenting the child-occupied facility. The
signs must be accompanied by a posted copy of the lead hazard
information pamphlet or information on how inter
