Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child Occupied Facilities; State of Rhode Island and State of Massachusetts. Notice of Self-Certification Program Authorization, Request for Public Comment, Opportunity for Public Hearing, 51808-51811 [2010-20846]
Download as PDF
51808
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
Federal advisory committees and
panels, including scientific advisory
committees, provide independent
advice to EPA. Members of the public
can submit comments for a Federal
advisory committee to consider as it
develops advice for EPA. They should
send their comments directly to the
Designated Federal Officer for the
relevant advisory committee. Oral
Statements: In general, individuals or
groups requesting an oral presentation
at a public teleconference will be
limited to three minutes per speaker.
Each person making an oral statement
should consider providing written
comments as well as their oral statement
so that the points presented orally can
be expanded upon in writing. Interested
parties should contact Mr. Aaron Yeow,
DFO, in writing (preferably via e-mail)
at the contact information noted above
by September 8, 2010 to be placed on
the list of public speakers. Written
Statements: Written statements should
be supplied to the DFO via email at the
contact information noted above by
September 8, 2010 for the
teleconference so that the information
may be made available to the AAMMS
members for their consideration.
Written statements should be supplied
in one of the following electronic
formats: Adobe Acrobat PDF, MS Word,
MS PowerPoint, or Rich Text files in
IBM–PC/Windows 98/2000/XP format.
Submitters are requested to provide
versions of signed documents,
submitted with and without signatures,
because the SAB Staff Office does not
publish documents with signatures on
its Web sites.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Mr. Yeow at
the phone number or e-mail address
noted above, preferably at least ten days
prior to the meeting, to give EPA as
much time as possible to process your
request.
Dated: August 16, 2010.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. 2010–20840 Filed 8–20–10; 8:45 am]
erowe on DSK5CLS3C1PROD with NOTICES
BILLING CODE 6560–50–P
VerDate Mar<15>2010
15:31 Aug 20, 2010
Jkt 220001
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R01–OPPT–2010–0470; FRL–10–032;
FRL–9191–9]
Lead-Based Paint Renovation, Repair
and Painting Activities in Target
Housing and Child Occupied Facilities;
State of Rhode Island and State of
Massachusetts. Notice of SelfCertification Program Authorization,
Request for Public Comment,
Opportunity for Public Hearing
Environmental Protection
Agency (EPA)
ACTION: Notice; program authorization,
request for comments and opportunity
for public hearing.
AGENCY:
This notice announces that on
April 20, 2010, the State of Rhode
Island, and on July 9, 2010, the State of
Massachusetts, were deemed authorized
under section 404(a) of the Toxic
Substances Control Act (TSCA), 15
U.S.C. 2684(a), and 40 CFR
745.324(d)(2), to administer and enforce
requirements for renovation, repair and
painting programs in accordance with
section 402(c)(3) of TSCA, 15 U.S.C.
2682(c)(3). This notice also announces
that EPA is seeking comment during a
45-day public comment period, and is
providing an opportunity to request a
public hearing within the first 15 days
of this comment period, on whether
Rhode Island’s and Massachusetts’s
programs are at least as protective as the
Federal program and provide for
adequate enforcement. This notice also
announces that Rhode Island’s and
Massachusetts’s 402(c)(3) programs
were deemed authorized by regulation
and statute on April 20, 2010, and July
9, 2010, respectively, and will continue
without further notice unless EPA,
based on its own review and/or
comments received during the comment
period, disapproves the Rhode Island
and Massachusetts program applications
on or before October 20, 2010 and
January 9, 2011, respectively.
DATES: Comments, identified by docket
control number, EPA–R01–OPPT–2010–
0470 must be received on or before
October 7, 2010. In addition, a public
hearing request must be submitted on or
before September 7, 2010.
ADDRESSES: Comments, and requests for
a public hearing, may be submitted by
mail, electronically, or in person. Please
follow the detailed instructions for each
method as provided in Section I of the
SUPPLEMENTARY INFORMATION. To ensure
proper receipt by EPA, it is imperative
that you identify docket control number
EPA–R01–OPPT–2010–0470 in the
SUMMARY:
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
subject line on the first page of your
response.
FOR FURTHER INFORMATION CONTACT:
James M. Bryson, Technical Contact,
Toxics and Pesticides Unit, Office of
Environmental Stewardship,
Environmental Protection Agency,
Region 1, 5 Post Office Square—Suite
100, OES 05–4, Boston, MA 02109,
telephone number: (617) 918–1524;
e-mail address: bryson.jamesm@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action is directed to the public
in general, to entities offering Lead Safe
Renovation courses, and to firms and
individuals engaged in renovation and
remodeling activities of pre-1978
housing in the State of Rhode Island and
the State of Massachusetts, individuals
and firms falling under the North
American Industrial Classification
System (NAICS) codes 231118, 238210,
238220, 238320, 531120, 531210, 53131,
e.g., General Building Contractors/
Operative Builders, Renovation Firms,
Individual Contractors, and Special
Trade Contractors like Carpenters,
Painters, Drywall Workers and
Plumbers, ‘‘Home Improvement’’
Contractors, as well as Property
Management Firms and some
Landlords, who are also affected by
these rules. 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 notice
could also be affected. The NAICS codes
have been provided to assist you and
others in determining whether this
action might apply to certain entities. 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. How Can I Get Additional
Information, Including Copies of This
Document or Other Related Documents?
1. Electronically: You may obtain
electronic copies of this document, and
certain other related documents that
might be available electronically, from
the EPA Internet Home Page at https://
www.epa.gov/. To access this document,
select ‘‘Laws and Regulations,’’
‘‘Regulations and Proposed Rules,’’ and
then look up the entry for this document
under the ‘‘Federal RegisterEnvironmental Documents.’’ You can
also go directly to the Federal Register
listings at https://www.regulations.gov.
2. In person: You may read this
document, and certain other related
E:\FR\FM\23AUN1.SGM
23AUN1
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
documents, by visiting Rhode Island
Department of Health, 3 Capitol HillRoom 206, Providence, RI 02908–5097;
contact person, Robert Vanderslice,
telephone number (401) 222–7766 or in
Massachusetts, the Department of Labor,
Division of Occupational Safety, 1001
Watertown Street, Newton, MA 02465;
contact persons, Patricia Sutliff and
Frank Kramarz, telephone number (617)
969–7177. You may also read this
document, and certain other related
documents, by visiting the
Environmental Protection Agency,
Region 1 Library, 5 Post Office Sq.,
Boston, MA 02109. You should arrange
your visit to the EPA office by
contacting the technical person listed
under FOR FURTHER INFORMATION
CONTACT. Also, EPA has established an
official record for this action under
docket control number EPA–R01–
OPPT–2010–0470. The official record
consists of the documents specifically
referenced in this action, this notice, the
State of Rhode Island and State of
Massachusetts 402(c)(3) program
authorization applications, any public
comments received during an applicable
comment period, and other information
related to this action, including any
information claimed as Confidential
Business Information (CBI).
erowe on DSK5CLS3C1PROD with NOTICES
C. How and to Whom Do I Submit
Comments?
You may submit comments through
the mail, in person, or electronically. To
ensure proper receipt by EPA, it is
imperative that you identify docket
control number EPA–R01–OPPT–2010–
0470 in the subject line on the first page
of your response.
1. By mail or in person or by courier:
Submit or deliver your comments and
public hearing requests to: James M.
Bryson, EPA Region 1. The Regional
office is open from 9 a.m. to 5 p.m.,
Monday through Friday, excluding legal
holidays.
2. Electronically: You may submit
your comments and public hearing
requests electronically by e-mail to:
bryson.jamesm@epa.gov or mail your
computer disk to the address identified
above. Do not submit any information
electronically that you consider to be
Confidential Business Information (CBI).
Electronic comments must be submitted
as an ASCII file avoiding the use of
special characters and any form of
encryption. Comments and data will
also be accepted on standard disks in
Microsoft Word or ASCII file format.
VerDate Mar<15>2010
15:31 Aug 20, 2010
Jkt 220001
51809
II. Background
and Massachusetts renovation programs
were deemed authorized as of the date
of submission and until such time as the
Agency disapproves the program
application or withdraws program
authorization. Pursuant to section
404(b) of TSCA and 40 CFR
745.324(e)(2), EPA is providing notice,
opportunity for public comment and
opportunity for a public hearing on
whether the State program application
is at least as protective as the Federal
program and provides for adequate
enforcement. If a hearing is requested
and granted, EPA will issue a Federal
Register notice announcing the date,
time and place of the hearing. The
authorization of the Rhode Island and
Massachusetts 402(c)(3) programs,
which were deemed authorized by
regulation and statute on April 20, 2010
and July 9, 2010, respectively, will
continue without further notice unless
EPA, based on its own review and/or
comments received during the comment
period, disapproves the program
applications on or before October 30,
2010 for Rhode Island and January 9,
2011 for Massachusetts.
A. What Action Is the Agency Taking?
EPA is announcing that on April 20,
2010, the State of Rhode Island, and on
July 9, 2010, the State of Massachusetts,
were deemed authorized under section
404(a) of TSCA, and 40 CFR
745.324(d)(2), to administer and enforce
requirements for a renovation, repair
and painting program in accordance
with section 402(c)(3) of TSCA. This
notice also announces that EPA is
seeking comment and providing an
opportunity to request a public hearing
on whether these State programs are at
least as protective as the Federal
program and provide for adequate
enforcement. The 402(c)(3) program
ensures that training providers are
accredited to teach renovation classes,
that individuals performing renovation
activities are properly trained and
certified as renovators, that firms are
certified as renovation firms, and that
specific work practices are followed
during renovation activities. On April
20, 2010, Rhode Island and on July 9,
2010, the State of Massachusetts
submitted applications under section
404 of TSCA requesting authorization to
administer and enforce requirements for
a renovation, repair and painting
program in accordance with section
402(c)(3) of TSCA, and submitted a selfcertification that their respective
program is at least as protective as the
Federal program and provides for
adequate enforcement. Therefore,
pursuant to section 404(a) of TSCA, and
40 CFR 745.324(d)(2), the Rhode Island
B. What Is the Agency’s Authority for
Taking This Action?
On October 28, 1992, the Housing and
Community Development Act of 1992,
Public Law 102–550, became law. Title
X of that statute was the Residential
Lead-Based Paint Hazard Reduction Act
of 1992. That Act amended TSCA (15
U.S.C. 2601 et seq.) by adding Title IV
(15 U.S.C. 2681–2692), entitled Lead
Exposure Reduction. In the Federal
Register dated April 22, 2008, (73 FR
21692), EPA promulgated final TSCA
section 402(c)(3) regulations governing
renovation activities. The regulations
require that in order to do renovation
activities for compensation, renovators
must first be properly trained and
certified, must be associated with a
certified renovation firm, and must
follow specific work practice standards,
including recordkeeping requirements.
In addition, the rule prescribes
requirements for the training and
certification of dust sampling
technicians. EPA believes that
regulation of renovation activities will
help to reduce the exposures that cause
serious lead poisonings, especially in
children under age 6, who are
particularly susceptible to the hazards
of lead.
Under section 404 of TSCA, a state
may seek authorization from EPA to
administer and enforce its own
renovation, repair and painting program
in lieu of the Federal program. The
regulation governing the authorization
of a State program under section 402 of
D. How Should I Handle CBI
Information That I Want To Submit to
the Agency?
Do not submit this information to EPA
through regulations.gov or e-mail.
Clearly mark on each page 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 that
you mail to EPA 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 as
CBI will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. If you have any questions
about CBI or the procedures for claiming
CBI, please consult the technical person
identified under FOR FURTHER
INFORMATION CONTACT.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
E:\FR\FM\23AUN1.SGM
23AUN1
51810
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
TSCA is codified at 40 CFR part 745,
subpart Q. States that choose to apply
for program authorization must submit
a complete application to the
appropriate regional EPA office for
review. Those applications will be
reviewed by EPA within 180 days of
receipt of the complete application. To
receive EPA approval, a state must
demonstrate that its program is at least
as protective of human health and the
environment as the Federal program,
and provides for adequate enforcement,
as required by section 404(b) of TSCA.
EPA’s regulations at 40 CFR part 745,
subpart Q provide the detailed
requirements a State program must meet
in order to obtain EPA approval. A state
may choose to certify that its own
renovation, repair and painting program
meets the requirements for EPA
approval, by submitting a letter signed
by the Governor or Attorney General
stating that the program is at least as
protective of human health and the
environment as the Federal program and
provides for adequate enforcement.
Upon submission of such a certification
letter the program is deemed authorized
pursuant to TSCA section 404(a) and 40
CFR 745.324(d)(2). This authorization
becomes ineffective, however, if EPA
disapproves the application or
withdraws the program authorization.
erowe on DSK5CLS3C1PROD with NOTICES
III. State Program Description
Summaries
The following program summary is
from Rhode Island’s self-certification
application:
Program Summary; State of Rhode
Island; Renovation, Repair, and
Painting Program/Lead-Safe Renovator
Certification Program
The state of Rhode Island is
submitting an application to the U.S.
Environmental Protection Agency (EPA)
certifying that the state’s Renovation,
Repair, and Painting Program/Lead-Safe
Renovator Program is as protective as
the EPA program and is authorized
when the application is submitted to
EPA. The Rhode Island Department of
Health (HEALTH) is the lead agency for
these programs. HEALTH currently has
EPA-authorized programs for lead-based
paint activities training and certification
and pre-renovation notification.
The rules for the Renovation, Repair,
and Painting Program/Lead-Safe
Renovator Program are found in R23–
24.6–PB–Section 14.0 of the Rhode
Island Rules and Regulations For Lead
Poisoning Prevention. The amendments
to this regulation that contain these
requirements are effective on March 30,
2010. These rules already cover all leadbased paint activities that are conducted
VerDate Mar<15>2010
15:31 Aug 20, 2010
Jkt 220001
in target housing and child-occupied
facilities:
1. Establish the licensing of lead
hazard control firms, effective May 1,
2010.
2. Establish work practice
requirements for renovation.
3. Establish licensing requirements for
persons and firms that conduct these
activities. To be licensed, persons must
complete an approved training program,
apply for licensure, and pay a fee of $40.
Firms must employ at least one licensed
lead-safe remodeler/renovator, must
apply for licensure and pay a fee of $40.
4. Establish procedures for the
suspension, revocation, or modification
of certifications.
5. Establish requirements for the
approval of lead-safe renovator training
programs and procedures for the
suspension, revocation, or modification
of training program approvals.
6. Define violations of these rules,
establish procedures to assess penalties
for violations of these rules, and
establish administrative procedures for
persons or firms to appeal these
penalties.
The legal authority for the renovation,
repair, and painting program/lead-safe
renovator certification is found in
Chapters 23–24.6.6 and 42–35 of the
Rhode Island General Laws, as
amended.
The following program summary is
from the Massachusetts self-certification
application:
Program Summary; State of
Massachusetts; Renovation, Repair, and
Painting Program/Lead-Safe Renovator
Certification Program
The State of Massachusetts is
submitting an application to the U.S.
Environmental Protection Agency (EPA)
certifying that the state’s Renovation,
Repair, and Painting Program/Lead-Safe
Renovator Program is as protective as
the EPA program and is authorized
when the application is submitted to
EPA. The Massachusetts Department of
Labor, Division of Occupational Safety
(MADOS), is the lead agency for these
programs. MADOS currently has an
EPA-authorized program for lead-based
paint activities training and
certification.
The rules for the Renovation, Repair,
and Painting Program/Lead-Safe
Renovator Program are found in 454
CMR 22.00, Deleading And Lead-Safe
Regulations of the State of
Massachusetts and are promulgated in
accordance with and under the
authority of M.G.L. c. 111, sections
189A through 199B and M.G.L. c. 149,
section 6. The amendments to this
regulation that contain these
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
requirements are effective on July 9,
2010. These rules cover all renovation,
repair and painting activities that are
conducted in target housing and childoccupied facilities. These rules:
1. Establish the discipline of lead-safe
renovator.
2. Establish work practice
requirements for renovation.
3. Require firms and other entities
who carry out the work to be licensed
as Lead-Safe Renovation Contractors
and that the work be overseen at all
times by Certified Lead-Safe RenovatorSupervisors. To be certified, persons
must complete an approved training
program. Firms must employ at least
one certified lead-safe renovator, must
apply for licensing and pay a fee of
$375.
4. Establish procedures for the
suspension, revocation, or modification
of licenses and certifications.
5. Establish requirements for the
approval of lead-safe renovator training
programs and procedures for the
suspension, revocation, or modification
of training program approvals.
6. Define violations of these rules,
establish procedures to assess penalties
for violations of these rules, and
establish administrative procedures for
persons or firms to appeal these
penalties.
The renovation, repair, and painting
program/lead-safe renovator provisions
found in 454 CMR 22.00 are
promulgated in accordance with and
under the authority of M.G.L. c. 111,
section 189A through 199B and M.G.L.
c. 149, section 6.
IV. Federal Overfiling
Section 404(b) of TSCA makes it
unlawful for any person to violate, or
fail or refuse to comply with, any
requirement of an approved state
program. Therefore, EPA reserves the
right to exercise its enforcement
authority under TSCA against a
violation of, or a failure or refusal to
comply with, any requirement of an
authorized state program.
V. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA,
the EPA Administrator may withdraw
authorization of a state or Indian Tribal
renovation, repair and painting
program, after notice and opportunity
for corrective action, if the program is
not being administered or enforced in
compliance with standards, regulations,
and other requirements established
under the authorization. The procedures
EPA will follow for the withdrawal of
an authorization are found at 40 CFR
745.324(i).
E:\FR\FM\23AUN1.SGM
23AUN1
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
List of Subjects
Environmental protection, Hazardous
substances, Lead, Renovation,
Renovation work practice standards,
Renovation training, Renovation
certification, Renovation notification,
Reporting and recordkeeping
requirements, State of Rhode Island,
State of Massachusetts.
Dated: August 16, 2010.
Ira W. Leighton,
Deputy Regional Administrator, Region 1.
[FR Doc. 2010–20846 Filed 8–20–10; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
August 16, 2010.
The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501 –
3520. Comments are requested
concerning: (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimate; (c) ways
to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology,
and (e) ways to further reduce the
information collection burden on small
business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before October 22,
2010. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:25 Aug 20, 2010
Jkt 220001
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via email to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, Office of Managing
Director, (202) 418–0214. For additional
information, contact Judith B. Herman,
OMD, 202–418–0214 or email judith–
b.herman@fcc.gov.
OMB Control Number: 3060–0999.
Title: Hearing Aid Compatibility
Status Report and Section 20.19,
Hearing Aid–Compatible Mobile
Handsets (Hearing Aid Compatibility
Act of 1988).
Form No.: FCC Form 655 – electronic
only.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit.
Number of Respondents and
Responses: 925 respondents; 925
responses.
Estimated Time Per Response: 1 – 2.5
hours.
Frequency of Response: Annual and
on occasion reporting requirements and
third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. sections 151,
154(i), 157, 201, 202, 208, 214, 301, 303,
308, 309(j), 310 and 610.
Total Annual Burden: 12,063 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
Information in the reports may include
confidential information. However,
covered entities would be allowed to
request that such materials submitted to
the Commission be withheld from
public inspection under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: The Commission is
requesting OMB approval of a revision
to this currently approved collection
regarding hearing aid compatibility
disclosure requirements. In the Report
and Order in WT Docket No. 01–309,
FCC 03–168, adopted and released in
September 2003, the Federal
Communications Commission modified
the exemption for telephone used with
public mobile services from the
requirements of the Hearing Aid
Compatibility Act of 1988 (HAC Act).
The Order required digital wireless
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
51811
phone manufacturers and service
providers to make certain digital
wireless phones capable of effective use
with hearing aids, label certain phones
they sold with information about their
compatibility with hearing aids, and
report to the Commission (at first every
six months, then on an annual basis) on
the numbers and types of hearing aid–
compatible phones they were producing
or offering to the public.
In February 2008, the Commission
adopted final rules in the Report and
Order (FCC 08–68) that updated several
performance benchmarks and instituted
new requirements. To assist the
Commission in monitoring the
implementation of the new
requirements and to provide
information to the public, the Report
and Order also required manufacturers
and service providers to continue to file
annual reports on the status of their
compliance with the requirements, and
required manufacturers and service
providers that maintain public websites
to publish up–to–date information on
those websites regarding their hearing–
aid compatible handset models. The
existing, OMB–approved collection
under this OMB control number
supports these disclosure requirements.
Recently, on August 5, 2010, the
Commission adopted final rules in a
Second Report and Order, FCC 10–145,
that, among other things, updated
disclosure requirements for
manufacturers and service providers. As
a result, the Commission is requesting a
revision of this collection due to the
change in language required for
disclosures under Section 20.19(f)(2) of
the Commission’s rules and the addition
of content to be disclosed for certain
headsets under Section 20.19(f)(2) of the
Commission’s rules. The updated
requirements will create no additional
burden for manufacturers and service
providers, but will ensure that
consumers are provided with consistent
and sufficient information about the
functionality and the limitations of their
handsets. These actions are taken to
ensure that consumers who use hearing
aids and cochlear implants have access
to a variety of phones and are
adequately informed about the
functionality and the limitations of the
handsets, while preserving competitive
opportunities for small companies as
well as opportunities for innovation and
investment.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2010–20759 Filed 8–20–10 8:45 am]
BILLING CODE 6712–01–S
E:\FR\FM\23AUN1.SGM
23AUN1
Agencies
[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51808-51811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20846]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R01-OPPT-2010-0470; FRL-10-032; FRL-9191-9]
Lead-Based Paint Renovation, Repair and Painting Activities in
Target Housing and Child Occupied Facilities; State of Rhode Island and
State of Massachusetts. Notice of Self-Certification Program
Authorization, Request for Public Comment, Opportunity for Public
Hearing
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice; program authorization, request for comments and
opportunity for public hearing.
-----------------------------------------------------------------------
SUMMARY: This notice announces that on April 20, 2010, the State of
Rhode Island, and on July 9, 2010, the State of Massachusetts, were
deemed authorized under section 404(a) of the Toxic Substances Control
Act (TSCA), 15 U.S.C. 2684(a), and 40 CFR 745.324(d)(2), to administer
and enforce requirements for renovation, repair and painting programs
in accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3).
This notice also announces that EPA is seeking comment during a 45-day
public comment period, and is providing an opportunity to request a
public hearing within the first 15 days of this comment period, on
whether Rhode Island's and Massachusetts's programs are at least as
protective as the Federal program and provide for adequate enforcement.
This notice also announces that Rhode Island's and Massachusetts's
402(c)(3) programs were deemed authorized by regulation and statute on
April 20, 2010, and July 9, 2010, respectively, and will continue
without further notice unless EPA, based on its own review and/or
comments received during the comment period, disapproves the Rhode
Island and Massachusetts program applications on or before October 20,
2010 and January 9, 2011, respectively.
DATES: Comments, identified by docket control number, EPA-R01-OPPT-
2010-0470 must be received on or before October 7, 2010. In addition, a
public hearing request must be submitted on or before September 7,
2010.
ADDRESSES: Comments, and requests for a public hearing, may be
submitted by mail, electronically, or in person. Please follow the
detailed instructions for each method as provided in Section I of the
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is
imperative that you identify docket control number EPA-R01-OPPT-2010-
0470 in the subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: James M. Bryson, Technical Contact,
Toxics and Pesticides Unit, Office of Environmental Stewardship,
Environmental Protection Agency, Region 1, 5 Post Office Square--Suite
100, OES 05-4, Boston, MA 02109, telephone number: (617) 918-1524; e-
mail address: bryson.jamesm@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing in
the State of Rhode Island and the State of Massachusetts, individuals
and firms falling under the North American Industrial Classification
System (NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210,
53131, e.g., General Building Contractors/Operative Builders,
Renovation Firms, Individual Contractors, and Special Trade Contractors
like Carpenters, Painters, Drywall Workers and Plumbers, ``Home
Improvement'' Contractors, as well as Property Management Firms and
some Landlords, who are also affected by these rules. 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 notice could also be affected. The NAICS
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. How Can I Get Additional Information, Including Copies of This
Document or Other Related Documents?
1. Electronically: You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at https://www.epa.gov/.
To access this document, select ``Laws and Regulations,'' ``Regulations
and Proposed Rules,'' and then look up the entry for this document
under the ``Federal Register-Environmental Documents.'' You can also go
directly to the Federal Register listings at https://www.regulations.gov.
2. In person: You may read this document, and certain other related
[[Page 51809]]
documents, by visiting Rhode Island Department of Health, 3 Capitol
Hill-Room 206, Providence, RI 02908-5097; contact person, Robert
Vanderslice, telephone number (401) 222-7766 or in Massachusetts, the
Department of Labor, Division of Occupational Safety, 1001 Watertown
Street, Newton, MA 02465; contact persons, Patricia Sutliff and Frank
Kramarz, telephone number (617) 969-7177. You may also read this
document, and certain other related documents, by visiting the
Environmental Protection Agency, Region 1 Library, 5 Post Office Sq.,
Boston, MA 02109. You should arrange your visit to the EPA office by
contacting the technical person listed under FOR FURTHER INFORMATION
CONTACT. Also, EPA has established an official record for this action
under docket control number EPA-R01-OPPT-2010-0470. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Rhode Island and State of Massachusetts 402(c)(3)
program authorization applications, any public comments received during
an applicable comment period, and other information related to this
action, including any information claimed as Confidential Business
Information (CBI).
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number EPA-R01-OPPT-2010-0470 in the
subject line on the first page of your response.
1. By mail or in person or by courier: Submit or deliver your
comments and public hearing requests to: James M. Bryson, EPA Region 1.
The Regional office is open from 9 a.m. to 5 p.m., Monday through
Friday, excluding legal holidays.
2. Electronically: You may submit your comments and public hearing
requests electronically by e-mail to: bryson.jamesm@epa.gov or mail
your computer disk to the address identified above. Do not submit any
information electronically that you consider to be Confidential
Business Information (CBI). Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on standard disks
in Microsoft Word or ASCII file format.
D. How Should I Handle CBI Information That I Want To Submit to the
Agency?
Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page 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 that you mail to
EPA 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 as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. If you have any questions
about CBI or the procedures for claiming CBI, please consult the
technical person identified under FOR FURTHER INFORMATION CONTACT.
II. Background
A. What Action Is the Agency Taking?
EPA is announcing that on April 20, 2010, the State of Rhode
Island, and on July 9, 2010, the State of Massachusetts, were deemed
authorized under section 404(a) of TSCA, and 40 CFR 745.324(d)(2), to
administer and enforce requirements for a renovation, repair and
painting program in accordance with section 402(c)(3) of TSCA. This
notice also announces that EPA is seeking comment and providing an
opportunity to request a public hearing on whether these State programs
are at least as protective as the Federal program and provide for
adequate enforcement. The 402(c)(3) program ensures that training
providers are accredited to teach renovation classes, that individuals
performing renovation activities are properly trained and certified as
renovators, that firms are certified as renovation firms, and that
specific work practices are followed during renovation activities. On
April 20, 2010, Rhode Island and on July 9, 2010, the State of
Massachusetts submitted applications under section 404 of TSCA
requesting authorization to administer and enforce requirements for a
renovation, repair and painting program in accordance with section
402(c)(3) of TSCA, and submitted a self-certification that their
respective program is at least as protective as the Federal program and
provides for adequate enforcement. Therefore, pursuant to section
404(a) of TSCA, and 40 CFR 745.324(d)(2), the Rhode Island and
Massachusetts renovation programs were deemed authorized as of the date
of submission and until such time as the Agency disapproves the program
application or withdraws program authorization. Pursuant to section
404(b) of TSCA and 40 CFR 745.324(e)(2), EPA is providing notice,
opportunity for public comment and opportunity for a public hearing on
whether the State program application is at least as protective as the
Federal program and provides for adequate enforcement. If a hearing is
requested and granted, EPA will issue a Federal Register notice
announcing the date, time and place of the hearing. The authorization
of the Rhode Island and Massachusetts 402(c)(3) programs, which were
deemed authorized by regulation and statute on April 20, 2010 and July
9, 2010, respectively, will continue without further notice unless EPA,
based on its own review and/or comments received during the comment
period, disapproves the program applications on or before October 30,
2010 for Rhode Island and January 9, 2011 for Massachusetts.
B. What Is the Agency's Authority for Taking This Action?
On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled Lead Exposure Reduction. In the Federal Register
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section
402(c)(3) regulations governing renovation activities. The regulations
require that in order to do renovation activities for compensation,
renovators must first be properly trained and certified, must be
associated with a certified renovation firm, and must follow specific
work practice standards, including recordkeeping requirements. In
addition, the rule prescribes requirements for the training and
certification of dust sampling technicians. EPA believes that
regulation of renovation activities will help to reduce the exposures
that cause serious lead poisonings, especially in children under age 6,
who are particularly susceptible to the hazards of lead.
Under section 404 of TSCA, a state may seek authorization from EPA
to administer and enforce its own renovation, repair and painting
program in lieu of the Federal program. The regulation governing the
authorization of a State program under section 402 of
[[Page 51810]]
TSCA is codified at 40 CFR part 745, subpart Q. States that choose to
apply for program authorization must submit a complete application to
the appropriate regional EPA office for review. Those applications will
be reviewed by EPA within 180 days of receipt of the complete
application. To receive EPA approval, a state must demonstrate that its
program is at least as protective of human health and the environment
as the Federal program, and provides for adequate enforcement, as
required by section 404(b) of TSCA. EPA's regulations at 40 CFR part
745, subpart Q provide the detailed requirements a State program must
meet in order to obtain EPA approval. A state may choose to certify
that its own renovation, repair and painting program meets the
requirements for EPA approval, by submitting a letter signed by the
Governor or Attorney General stating that the program is at least as
protective of human health and the environment as the Federal program
and provides for adequate enforcement. Upon submission of such a
certification letter the program is deemed authorized pursuant to TSCA
section 404(a) and 40 CFR 745.324(d)(2). This authorization becomes
ineffective, however, if EPA disapproves the application or withdraws
the program authorization.
III. State Program Description Summaries
The following program summary is from Rhode Island's self-
certification application:
Program Summary; State of Rhode Island; Renovation, Repair, and
Painting Program/Lead-Safe Renovator Certification Program
The state of Rhode Island is submitting an application to the U.S.
Environmental Protection Agency (EPA) certifying that the state's
Renovation, Repair, and Painting Program/Lead-Safe Renovator Program is
as protective as the EPA program and is authorized when the application
is submitted to EPA. The Rhode Island Department of Health (HEALTH) is
the lead agency for these programs. HEALTH currently has EPA-authorized
programs for lead-based paint activities training and certification and
pre-renovation notification.
The rules for the Renovation, Repair, and Painting Program/Lead-
Safe Renovator Program are found in R23-24.6-PB-Section 14.0 of the
Rhode Island Rules and Regulations For Lead Poisoning Prevention. The
amendments to this regulation that contain these requirements are
effective on March 30, 2010. These rules already cover all lead-based
paint activities that are conducted in target housing and child-
occupied facilities:
1. Establish the licensing of lead hazard control firms, effective
May 1, 2010.
2. Establish work practice requirements for renovation.
3. Establish licensing requirements for persons and firms that
conduct these activities. To be licensed, persons must complete an
approved training program, apply for licensure, and pay a fee of $40.
Firms must employ at least one licensed lead-safe remodeler/renovator,
must apply for licensure and pay a fee of $40.
4. Establish procedures for the suspension, revocation, or
modification of certifications.
5. Establish requirements for the approval of lead-safe renovator
training programs and procedures for the suspension, revocation, or
modification of training program approvals.
6. Define violations of these rules, establish procedures to assess
penalties for violations of these rules, and establish administrative
procedures for persons or firms to appeal these penalties.
The legal authority for the renovation, repair, and painting
program/lead-safe renovator certification is found in Chapters 23-
24.6.6 and 42-35 of the Rhode Island General Laws, as amended.
The following program summary is from the Massachusetts self-
certification application:
Program Summary; State of Massachusetts; Renovation, Repair, and
Painting Program/Lead-Safe Renovator Certification Program
The State of Massachusetts is submitting an application to the U.S.
Environmental Protection Agency (EPA) certifying that the state's
Renovation, Repair, and Painting Program/Lead-Safe Renovator Program is
as protective as the EPA program and is authorized when the application
is submitted to EPA. The Massachusetts Department of Labor, Division of
Occupational Safety (MADOS), is the lead agency for these programs.
MADOS currently has an EPA-authorized program for lead-based paint
activities training and certification.
The rules for the Renovation, Repair, and Painting Program/Lead-
Safe Renovator Program are found in 454 CMR 22.00, Deleading And Lead-
Safe Regulations of the State of Massachusetts and are promulgated in
accordance with and under the authority of M.G.L. c. 111, sections 189A
through 199B and M.G.L. c. 149, section 6. The amendments to this
regulation that contain these requirements are effective on July 9,
2010. These rules cover all renovation, repair and painting activities
that are conducted in target housing and child-occupied facilities.
These rules:
1. Establish the discipline of lead-safe renovator.
2. Establish work practice requirements for renovation.
3. Require firms and other entities who carry out the work to be
licensed as Lead-Safe Renovation Contractors and that the work be
overseen at all times by Certified Lead-Safe Renovator-Supervisors. To
be certified, persons must complete an approved training program. Firms
must employ at least one certified lead-safe renovator, must apply for
licensing and pay a fee of $375.
4. Establish procedures for the suspension, revocation, or
modification of licenses and certifications.
5. Establish requirements for the approval of lead-safe renovator
training programs and procedures for the suspension, revocation, or
modification of training program approvals.
6. Define violations of these rules, establish procedures to assess
penalties for violations of these rules, and establish administrative
procedures for persons or firms to appeal these penalties.
The renovation, repair, and painting program/lead-safe renovator
provisions found in 454 CMR 22.00 are promulgated in accordance with
and under the authority of M.G.L. c. 111, section 189A through 199B and
M.G.L. c. 149, section 6.
IV. Federal Overfiling
Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved state
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized state program.
V. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a state or Indian Tribal renovation, repair
and painting program, after notice and opportunity for corrective
action, if the program is not being administered or enforced in
compliance with standards, regulations, and other requirements
established under the authorization. The procedures EPA will follow for
the withdrawal of an authorization are found at 40 CFR 745.324(i).
[[Page 51811]]
List of Subjects
Environmental protection, Hazardous substances, Lead, Renovation,
Renovation work practice standards, Renovation training, Renovation
certification, Renovation notification, Reporting and recordkeeping
requirements, State of Rhode Island, State of Massachusetts.
Dated: August 16, 2010.
Ira W. Leighton,
Deputy Regional Administrator, Region 1.
[FR Doc. 2010-20846 Filed 8-20-10; 8:45 am]
BILLING CODE 6560-50-P