Lead-Based Paint Renovation, Repair and Painting, and Pre-Renovation Education Activities in Target Housing and Child Occupied Facilities; State of Washington. Notice of Self-Certification Program Authorization, Request for Public Comment, Opportunity for Public Hearing, 27044-27048 [2011-11437]
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27044
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
Take notice that the Commission
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filings:
Docket Numbers: ES10–34–001.
Applicants: Consumers Energy
Company.
Description: Amendment of Original
Application and request for expanded
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the facility named in the notice meets
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Dated: April 29, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–11321 Filed 5–9–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R10–OPPT–2011–0378; FRL–9303–6 ]
Lead-Based Paint Renovation, Repair
and Painting, and Pre-Renovation
Education Activities in Target Housing
and Child Occupied Facilities; State of
Washington. 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
March 16, 2011, the State of Washington
was deemed authorized under section
404(a) of the Toxic Substances Control
Act (TSCA), 15 U.S.C. 2684(a), to
administer and enforce requirements for
a renovation, repair and painting
program in accordance with section
402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3),
and a lead-based paint pre-renovation
education program in accordance with
section 406(b) of TSCA, 15 U.S.C.
2686(b). This notice also announces that
EPA is seeking comment during a 45day public comment period, and is
providing an opportunity to request a
public hearing within the first 15 days
of this comment period, on whether
these Washington programs are at least
as protective as the Federal programs
and provide for adequate enforcement.
This notice also announces that the
authorization of the Washington
402(c)(3) and 406(b) programs, which
were deemed authorized by regulation
and statute on March 16, 2011, will
continue without further notice unless
EPA, based on its own review and/or
comments received during the comment
period, disapproves one or both of these
Washington program applications on or
before September 12, 2011.
DATES: Comments, identified by docket
control number EPA–R10–OPPT–2011–
0378, must be received on or before June
24, 2011. In addition, a public hearing
request must be submitted on or before
May 25, 2011.
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 important
that you identify docket control number
EPA–R10–OPPT–2011–0378 in the
subject line on the first page of your
response.
SUMMARY:
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Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices
FOR FURTHER INFORMATION CONTACT:
Barbara Ross, Technical Contact,
OAWT, Solid Waste &Toxics, AWT–
128, United States Environmental
Protection Agency, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101, telephone
number: (206) 553–1985; e-mail
address: ross.barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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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 and child-occupied facilities in
the State of Washington. 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
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 here 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: EPA has established
an official record for this action under
docket control number EPA–R10–
OPPT–2011–0378. This docket may be
accessed through https://
www.regulations.gov. The official record
consists of the documents specifically
referenced in this action, this notice, the
State of Washington 402(c)(3) and
406(b) program authorization
applications, any public comments
received during an applicable comment
period, and other information related to
this action.
2. In person: you may read this
document, and certain other related
documents, by visiting the Washington
State Department of Commerce, LeadBased Paint Program, 1011 Plum Street,
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SE., Olympia, WA 98504; contact
person, Cynthia Sanderson—Manager
Lead Programs, telephone number: (360)
725–2941 . You may also read this
document, and certain other related
documents, by visiting the United States
Environmental Protection Agency (EPA)
OAWT, Solid Waste & Toxics, AWT–
128, 1200 Sixth Avenue, Seattle WA
98101. You should arrange your visit to
the EPA office by contacting the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
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
important that you identify docket
control number EPA–R10–OPPT–2011–
0378 in the subject line on the first page
of your response.
Submit your comments, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. By mail or in person or by courier:
Submit or deliver your comments and
hearing requests to: Barbara Ross,
Technical Contact, United States
Environmental Protection Agency
(EPA), OAWT, Solid Waste & Toxics,
AWT–128, 1200 Sixth Avenue, Suite
900, Seattle WA 98101. The Regional
office is open from 8 a.m. to 5 p.m.,
Monday through Friday, excluding legal
holidays. The phone number for the
office is (206) 553–1985.
3. Electronically: You may submit
your comments and hearing requests
electronically by e-mail to:
ross.barbara@epa.gov, or mail your
computer disk to the address identified
above. Do not submit any information
electronically that you consider
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.
Instructions: Direct your comments to
Docket ID Number EPA–R10–OPPT–
2011–0378. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
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www.regulations.gov or e-mail. The
https://www.regulations.gov Web site 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 https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or 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 https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., 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 either
electronically in https://
www.regulations.gov or in hard copy.
D. How should I handle CBI information
that I want to submit to the agency?
Do not submit this information to EPA
through https://www.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.
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E. What should I consider as I prepare
my comments for EPA?
You may find the following
suggestions helpful for preparing your
comments.
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
use.
3. Provide copies of any technical
information and/or data you use that
support your views.
4. If you estimate potential burden or
costs, explain how you arrive at the
estimate that you provide.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternative ways to improve
the notice or collection activity.
7. Make sure to submit your
comments by the deadline in this
notice.
8. To ensure proper receipt by EPA,
identify the docket control number
assigned to this action in the subject
line on the first page of your response.
You may also provide the name, date,
and Federal Register citation.
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II. Background
A. What action is the agency taking?
EPA is announcing that on March 16,
2011, the State of Washington was
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, and a lead-based
paint pre-renovation education program
in accordance with section 406(b) of
TSCA. This notice also announces that
EPA is seeking comment and providing
an opportunity to request a public
hearing on whether the State programs
are at least as protective as the Federal
programs 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. The 406(b)
program ensures that owners and
occupants of target housing are
provided information concerning
potential hazards of lead-based paint
exposure before certain renovations are
begun. On March 16, 2011, Washington
submitted an application 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 a pre-renovation
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education program in accordance with
section 406(b) of TSCA, and submitted
a self-certification that these programs
are at least as protective as the Federal
programs and provide for adequate
enforcement. Therefore, pursuant to
section 404(a) of TSCA, and 40 CFR
745.324(d)(2), the Washington
renovation program and pre-renovation
education program are 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
programs 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 Washington
402(c)(3) and 406(b) programs, which
were deemed authorized by regulation
and statute on March 16, 2011, will
continue without further notice unless
EPA, based on its own review and/or
comments received during the comment
period, disapproves one or both of these
Washington program applications.
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. In the Federal Register of
June 1, 1998, (63 FR 29908), EPA
promulgated final TSCA section 406(b)
regulations governing pre-renovation
education requirements in target
housing. This program ensures that
owners and occupants of target housing
are provided information concerning
potential hazards of lead-based paint
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exposure before certain renovations are
begun on that housing. In addition to
providing general information on the
health hazards associated with exposure
to lead, the lead hazard information
pamphlet advises owners and occupants
to take appropriate precautions to avoid
exposure to lead-contaminated dust and
debris that are sometimes generated
during renovations. EPA believes that
regulation of renovation activities and
the distribution of the pamphlet 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 prerenovation education program or
renovation, repair and painting program
in lieu of the Federal program. The
regulations governing the authorization
of a State program under both sections
402 and 406 of TSCA are 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 prerenovation education program or
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) and [15 U.S.C.
2864(b)]. This authorization becomes
ineffective, however, if EPA disapproves
the application or withdraws the
program authorization.
III. State Program Description
Summary
The following program summary is
from Washington’s self-certification
application:
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Scope of Rules
Washington state laws, called Revised
Code of Washington (RCW), gives the
Department of Commerce, Lead-Based
Paint Program authority to implement
and administer the Federal Lead
Renovation, Repair and Painting Rule in
Washington to ensure that persons who
perform lead-based paint activities do so
safely to prevent exposure of building
occupants, especially children, to
hazardous levels of lead. The
Washington Administrative Code (WAC
365–230) adopted by the State of
Washington to implement the statutes
and the Lead Renovation, Repair and
Painting Rule becomes effective March
16, 2011. The rule requires a person to
be certified before performing,
supervising, or offering to perform a
lead-based paint activity involving
target housing or a child-occupied
facility built before 1978. Work practice
standards are also prescribed, as well as
reporting and recordkeeping
requirements. In addition, no person
may offer or conduct a lead training
course represented as qualifying a
person for certification unless the
course is accredited by the Department
and uses approved instructors.
WAC 365–230 has been promulgated
to incorporate the pre-renovation
education distribution (PRE) and
renovation, repair and painting (RRP)
requirements for programs under the
Environmental Protection Agency’s
regulations at 40 CFR part 745, subparts
E and L. The Washington State
Department of Commerce lead-based
paint program regulates the following
lead-based paint activities in target
housing and child-occupied facilities
built before 1978:
• Pre-renovation information
distribution and renovation activities
conducted for compensation.
• Lead hazard reduction, including
abatement.
• Lead investigation, including dust,
paint, soil sampling and onsite testing;
clearance, inspection, hazard screen,
risk assessment and elevated blood lead
level investigation activities.
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Applicability to Renovations
The PRE and RRP provisions are
described in WAC 365–230. These rules
apply to renovations performed for
compensation in target housing and
child-occupied facilities, except when:
• The paint involved in the
renovation is determined to be lead-free
by a certified lead inspector, risk
assessor or by a certified renovator using
an EPA-recognized test kit.
• The work is minor repair or
maintenance.
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• The work is renovation not
performed for compensation and no
other conditions requiring certification
exist.
• The work is renovation performed
by the homeowner in the owner’s
owner-occupied unit. Emergency
renovations are exempt from certain
provisions, including the PRE
requirements, but not from cleaning and
post renovation cleaning verification.
Accreditation of Training Courses
Training course accreditation is
described in WAC 365–230–040. A
person wishing to offer a course leading
to certification, including lead-safe
renovator and dust sampling technician
initial or refresher courses, must submit
a complete application with course
materials and fee to the Department of
Commerce. The course must cover all
curriculum requirements identified in
WAC 365–230–050. Courses deemed to
meet all requirements are granted full
approval and may renew their
accreditations at 4-year intervals.
Pre-Renovation Education Requirements
The PRE requirements are described
in detail at WAC 365–230–320.
Renovation firms must:
• Provide the pamphlet, Renovate
Right, to owners and occupants of target
housing and to owners, operators and
parents or guardians in child-occupied
facilities before beginning renovation
work.
• Obtain signature(s) acknowledging
receipt of pamphlet, or other proof of
delivery.
• Post information in child-occupied
facilities and multi-family housing.
Renovation, Repair and Painting
Requirements
Certified Firms Requirements
WAC 365–230–360 describes
requirements for certification of firms.
Firms must submit an application and
pay a fee for certification. Firms must:
• Assign a certified lead-safe
renovator to oversee each renovation
project.
• Use only a certified renovator and
certified renovator-trained workers to
perform renovations.
• Ensure the use of lead-safe work
practices and that prohibited practices
are not used.
• Meet the pre-renovation education
requirements.
• Create and maintain required
records.
Certified Renovator Requirements
WAC 365–230–380 describes
requirements for certification of
renovators.
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Certified renovator responsibilities are
described at WAC 365–230–330 and
WAC 365–230–340. To be certified as a
lead-safe renovator, an individual must
complete a one-day lead-safe renovation
course taught by an accredited training
provider. Certified renovators must:
• Provide training to untrained
workers on the lead-safe work practices
to be used.
• Be onsite to conduct or oversee
posting of signs, containment setup, and
final cleaning.
• Be onsite regularly to direct and
ensure ongoing maintenance of
containment barriers and use of leadsafe work practices.
• Be available onsite during work or
by telephone to return immediately to
the worksite.
• Be in possession of a valid,
unexpired certification card/certificate
when at the jobsite.
• Personally conduct the postrenovation cleaning verification.
• Prepare required renovation
records.
Certified Lead Sampling Technician
Requirements
WAC 365–230–380 describes
requirements for certification of dust
sampling technicians. Lead sampling
technicians may conduct clearance after
renovation, or clearance after lead
abatement provided that a certified risk
assessor or lead inspector approves the
work of the dust sampling technician
per HUD 24 CFR Part 35.1340 (b)(1)(i).
A lead sampling technician must
complete a one-day lead sampling
course taught by an accredited training
provider. Sampling technicians must:
• Complete clearance requirements,
including collecting and sending dustwipe samples to a recognized lab.
• Interpret laboratory results and
prepare a clearance report for the
contractor and owner.
• Be in possession of a valid,
unexpired certification card when
conducting regulated work.
Renovation Work Practice Requirements
Renovation work practices are
described at WAC 365–230–330.
Workers must follow documented
methodologies to protect occupants
from lead hazards created during
renovations, including:
• Posting warning signs, containing
work areas, protecting furnishings and
cleaning.
• Prohibitions on using certain
dangerous work practices, including:
open-flame burning or torching,
operating a heat gun over 1100ßF, using
a high speed machine to remove paint
without a HEPA-filtered exhaust system,
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using an improperly operating HEPA
vacuum, and dry sweeping in the work
area.
• Proper handling and transporting of
waste.
• Final visual inspection and post
renovation cleaning verification using
prescribed protocol.
Renovation Recordkeeping
Requirements
Recordkeeping requirements for
renovations are described in detail at
WAC 365–230–340. The renovation
company must maintain records of its
regulated activities for 3 years,
including:
• Any paint testing results.
• Copies of signed pamphlet
acknowledgements forms or other
documentation of delivery.
• Documentation and certification
that renovation requirements were
followed.
• Individual worker training records.
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, and/or a lead-based paint prerenovation education 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 U.S. EPA
will follow for the withdrawal of an
authorization are found at 40 CFR
745.324(i).
jlentini on DSKJ8SOYB1PROD with NOTICES
List of Subjects
Department of Commerce, State of
Washington, Ecology, Lead, Renovation,
Renovation work practice standards,
Renovation training, Renovation
certification, Renovation notification,
Reporting and record keeping
requirements.
Dated: May 2, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2011–11437 Filed 5–9–11; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
18:02 May 09, 2011
Jkt 223001
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communication
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), 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, as
required by the Paperwork Reduction
Act (PRA) of 1995. 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 burden for 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 Office of
Management and Budget (OMB) 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 valid OMB Control
Number.
SUMMARY:
Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before July 11, 2011. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Leslie F. Smith, Federal
Communications Commission (FCC), via
e-mail PRA@fcc.gov or to
Leslie.Smith@fcc.gov.
DATES:
For
additional information the information
collection, contact Leslie F. Smith at
(202) 418–0217.
SUPPLEMENTARY INFORMATION: The
Commission has requested approval of
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
this information collection under the
emergency processing provisions of the
PRA, 5 CFR Sections 1320.5, 1320.8(d),
and 1320.13 by May 17, 2011.
OMB Control Number: 3060–0430.
Title: Section 1.1206, Permit-butDisclose Proceedings.
Form Number(s): N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
households; Business or other for-profit;
Not-for-profit institutions; Federal
Government; and State, local, or tribal
governments.
Number of Respondents and
Responses: 11,500 respondents; 11,500
responses.
Estimated Time per Response: 45
minutes (0.75 hours).
Frequency of Response: On occasion
reporting requirements; third party
disclosure.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 25,875 hours.
Total Annual Cost: $0.00.
Privacy Impact Assessment: No
Impact(s).
Nature and Extent of Confidentiality:
Consistent with the Commission’s rules
on confidential treatment of
submissions, under 47 CFR Section
0.459, a presenter may request
confidential treatment of ex parte
presentations. In addition, the
Commission will permit parties to
remove metadata containing
confidential or privileged information,
and the Commission will also not
require parties to file electronically ex
parte notices that contain confidential
information. The Commission will,
however, require a redacted version to
be filed electronically at the same time
the paper filing is submitted, and that
the redacted version must be machinereadable whenever technically possible.
Needs and Uses: The Commission’s
rules, under 47 CFR Section 1.1206,
require that a public record be made of
ex parte presentations (i.e., written
presentations not served on all parties to
the proceeding or oral presentations as
to which all parties have not been given
notice and an opportunity to be present)
to decision-making personnel in
‘‘permit-but-disclose’’ proceedings, such
as notice-and-comment rulemakings and
declaratory ruling proceedings. Persons
making such presentations must file two
copies of written presentations and two
copies of memoranda reflecting new
data or arguments in oral presentations
no later than the next business day after
the presentation; alternatively, in
proceedings in which electronic filing is
permitted, a copy may be filed
electronically.
E:\FR\FM\10MYN1.SGM
10MYN1
]]>Agencies
[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27044-27048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11437]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-OPPT-2011-0378; FRL-9303-6 ]
Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied
Facilities; State of Washington. 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 March 16, 2011, the State of
Washington was deemed authorized under section 404(a) of the Toxic
Substances Control Act (TSCA), 15 U.S.C. 2684(a), to administer and
enforce requirements for a renovation, repair and painting program in
accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a
lead-based paint pre-renovation education program in accordance with
section 406(b) of TSCA, 15 U.S.C. 2686(b). 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 these Washington
programs are at least as protective as the Federal programs and provide
for adequate enforcement. This notice also announces that the
authorization of the Washington 402(c)(3) and 406(b) programs, which
were deemed authorized by regulation and statute on March 16, 2011,
will continue without further notice unless EPA, based on its own
review and/or comments received during the comment period, disapproves
one or both of these Washington program applications on or before
September 12, 2011.
DATES: Comments, identified by docket control number EPA-R10-OPPT-2011-
0378, must be received on or before June 24, 2011. In addition, a
public hearing request must be submitted on or before May 25, 2011.
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
important that you identify docket control number EPA-R10-OPPT-2011-
0378 in the subject line on the first page of your response.
[[Page 27045]]
FOR FURTHER INFORMATION CONTACT: Barbara Ross, Technical Contact, OAWT,
Solid Waste &Toxics, AWT-128, United States Environmental Protection
Agency, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, telephone
number: (206) 553-1985; e-mail address: ross.barbara@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 and
child-occupied facilities in the State of Washington. 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 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 here 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: EPA has established an official record for this
action under docket control number EPA-R10-OPPT-2011-0378. This docket
may be accessed through https://www.regulations.gov. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Washington 402(c)(3) and 406(b) program
authorization applications, any public comments received during an
applicable comment period, and other information related to this
action.
2. In person: you may read this document, and certain other related
documents, by visiting the Washington State Department of Commerce,
Lead-Based Paint Program, 1011 Plum Street, SE., Olympia, WA 98504;
contact person, Cynthia Sanderson--Manager Lead Programs, telephone
number: (360) 725-2941 . You may also read this document, and certain
other related documents, by visiting the United States Environmental
Protection Agency (EPA) OAWT, Solid Waste & Toxics, AWT-128, 1200 Sixth
Avenue, Seattle WA 98101. You should arrange your visit to the EPA
office by contacting the technical person listed under FOR FURTHER
INFORMATION CONTACT.
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 important that
you identify docket control number EPA-R10-OPPT-2011-0378 in the
subject line on the first page of your response.
Submit your comments, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. By mail or in person or by courier: Submit or deliver your
comments and hearing requests to: Barbara Ross, Technical Contact,
United States Environmental Protection Agency (EPA), OAWT, Solid Waste
& Toxics, AWT-128, 1200 Sixth Avenue, Suite 900, Seattle WA 98101. The
Regional office is open from 8 a.m. to 5 p.m., Monday through Friday,
excluding legal holidays. The phone number for the office is (206) 553-
1985.
3. Electronically: You may submit your comments and hearing
requests electronically by e-mail to: ross.barbara@epa.gov, or mail
your computer disk to the address identified above. Do not submit any
information electronically that you consider 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.
Instructions: Direct your comments to Docket ID Number EPA-R10-
OPPT-2011-0378. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
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 https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or 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 https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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 either electronically
in https://www.regulations.gov or in hard copy.
D. How should I handle CBI information that I want to submit to the
agency?
Do not submit this information to EPA through https://www.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.
[[Page 27046]]
E. What should I consider as I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments.
1. Explain your views as clearly as possible.
2. Describe any assumptions that you use.
3. Provide copies of any technical information and/or data you use
that support your views.
4. If you estimate potential burden or costs, explain how you
arrive at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, identify the docket control
number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.
II. Background
A. What action is the agency taking?
EPA is announcing that on March 16, 2011, the State of Washington
was 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, and a lead-based paint pre-renovation education program in
accordance with section 406(b) of TSCA. This notice also announces that
EPA is seeking comment and providing an opportunity to request a public
hearing on whether the State programs are at least as protective as the
Federal programs 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. The 406(b) program ensures that
owners and occupants of target housing are provided information
concerning potential hazards of lead-based paint exposure before
certain renovations are begun. On March 16, 2011, Washington submitted
an application 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 a
pre-renovation education program in accordance with section 406(b) of
TSCA, and submitted a self-certification that these programs are at
least as protective as the Federal programs and provide for adequate
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR
745.324(d)(2), the Washington renovation program and pre-renovation
education program are 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
programs 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 Washington 402(c)(3) and 406(b) programs, which were deemed
authorized by regulation and statute on March 16, 2011, will continue
without further notice unless EPA, based on its own review and/or
comments received during the comment period, disapproves one or both of
these Washington program applications.
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. In the Federal Register of
June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section 406(b)
regulations governing pre-renovation education requirements in target
housing. This program ensures that owners and occupants of target
housing are provided information concerning potential hazards of lead-
based paint exposure before certain renovations are begun on that
housing. In addition to providing general information on the health
hazards associated with exposure to lead, the lead hazard information
pamphlet advises owners and occupants to take appropriate precautions
to avoid exposure to lead-contaminated dust and debris that are
sometimes generated during renovations. EPA believes that regulation of
renovation activities and the distribution of the pamphlet 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 pre-renovation education program or
renovation, repair and painting program in lieu of the Federal program.
The regulations governing the authorization of a State program under
both sections 402 and 406 of TSCA are 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 pre-renovation education
program or 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) and [15 U.S.C. 2864(b)]. This
authorization becomes ineffective, however, if EPA disapproves the
application or withdraws the program authorization.
III. State Program Description Summary
The following program summary is from Washington's self-
certification application:
[[Page 27047]]
Scope of Rules
Washington state laws, called Revised Code of Washington (RCW),
gives the Department of Commerce, Lead-Based Paint Program authority to
implement and administer the Federal Lead Renovation, Repair and
Painting Rule in Washington to ensure that persons who perform lead-
based paint activities do so safely to prevent exposure of building
occupants, especially children, to hazardous levels of lead. The
Washington Administrative Code (WAC 365-230) adopted by the State of
Washington to implement the statutes and the Lead Renovation, Repair
and Painting Rule becomes effective March 16, 2011. The rule requires a
person to be certified before performing, supervising, or offering to
perform a lead-based paint activity involving target housing or a
child-occupied facility built before 1978. Work practice standards are
also prescribed, as well as reporting and recordkeeping requirements.
In addition, no person may offer or conduct a lead training course
represented as qualifying a person for certification unless the course
is accredited by the Department and uses approved instructors.
WAC 365-230 has been promulgated to incorporate the pre-renovation
education distribution (PRE) and renovation, repair and painting (RRP)
requirements for programs under the Environmental Protection Agency's
regulations at 40 CFR part 745, subparts E and L. The Washington State
Department of Commerce lead-based paint program regulates the following
lead-based paint activities in target housing and child-occupied
facilities built before 1978:
Pre-renovation information distribution and renovation
activities conducted for compensation.
Lead hazard reduction, including abatement.
Lead investigation, including dust, paint, soil sampling
and onsite testing; clearance, inspection, hazard screen, risk
assessment and elevated blood lead level investigation activities.
Applicability to Renovations
The PRE and RRP provisions are described in WAC 365-230. These
rules apply to renovations performed for compensation in target housing
and child-occupied facilities, except when:
The paint involved in the renovation is determined to be
lead-free by a certified lead inspector, risk assessor or by a
certified renovator using an EPA-recognized test kit.
The work is minor repair or maintenance.
The work is renovation not performed for compensation and
no other conditions requiring certification exist.
The work is renovation performed by the homeowner in the
owner's owner-occupied unit. Emergency renovations are exempt from
certain provisions, including the PRE requirements, but not from
cleaning and post renovation cleaning verification.
Accreditation of Training Courses
Training course accreditation is described in WAC 365-230-040. A
person wishing to offer a course leading to certification, including
lead-safe renovator and dust sampling technician initial or refresher
courses, must submit a complete application with course materials and
fee to the Department of Commerce. The course must cover all curriculum
requirements identified in WAC 365-230-050. Courses deemed to meet all
requirements are granted full approval and may renew their
accreditations at 4-year intervals.
Pre-Renovation Education Requirements
The PRE requirements are described in detail at WAC 365-230-320.
Renovation firms must:
Provide the pamphlet, Renovate Right, to owners and
occupants of target housing and to owners, operators and parents or
guardians in child-occupied facilities before beginning renovation
work.
Obtain signature(s) acknowledging receipt of pamphlet, or
other proof of delivery.
Post information in child-occupied facilities and multi-
family housing.
Renovation, Repair and Painting Requirements
Certified Firms Requirements
WAC 365-230-360 describes requirements for certification of firms.
Firms must submit an application and pay a fee for certification.
Firms must:
Assign a certified lead-safe renovator to oversee each
renovation project.
Use only a certified renovator and certified renovator-
trained workers to perform renovations.
Ensure the use of lead-safe work practices and that
prohibited practices are not used.
Meet the pre-renovation education requirements.
Create and maintain required records.
Certified Renovator Requirements
WAC 365-230-380 describes requirements for certification of
renovators.
Certified renovator responsibilities are described at WAC 365-230-
330 and WAC 365-230-340. To be certified as a lead-safe renovator, an
individual must complete a one-day lead-safe renovation course taught
by an accredited training provider. Certified renovators must:
Provide training to untrained workers on the lead-safe
work practices to be used.
Be onsite to conduct or oversee posting of signs,
containment setup, and final cleaning.
Be onsite regularly to direct and ensure ongoing
maintenance of containment barriers and use of lead-safe work
practices.
Be available onsite during work or by telephone to return
immediately to the worksite.
Be in possession of a valid, unexpired certification card/
certificate when at the jobsite.
Personally conduct the post-renovation cleaning
verification.
Prepare required renovation records.
Certified Lead Sampling Technician Requirements
WAC 365-230-380 describes requirements for certification of dust
sampling technicians. Lead sampling technicians may conduct clearance
after renovation, or clearance after lead abatement provided that a
certified risk assessor or lead inspector approves the work of the dust
sampling technician per HUD 24 CFR Part 35.1340 (b)(1)(i). A lead
sampling technician must complete a one-day lead sampling course taught
by an accredited training provider. Sampling technicians must:
Complete clearance requirements, including collecting and
sending dust-wipe samples to a recognized lab.
Interpret laboratory results and prepare a clearance
report for the contractor and owner.
Be in possession of a valid, unexpired certification card
when conducting regulated work.
Renovation Work Practice Requirements
Renovation work practices are described at WAC 365-230-330. Workers
must follow documented methodologies to protect occupants from lead
hazards created during renovations, including:
Posting warning signs, containing work areas, protecting
furnishings and cleaning.
Prohibitions on using certain dangerous work practices,
including: open-flame burning or torching, operating a heat gun over
1100[ordm] F, using a high speed machine to remove paint without a
HEPA-filtered exhaust system,
[[Page 27048]]
using an improperly operating HEPA vacuum, and dry sweeping in the work
area.
Proper handling and transporting of waste.
Final visual inspection and post renovation cleaning
verification using prescribed protocol.
Renovation Recordkeeping Requirements
Recordkeeping requirements for renovations are described in detail
at WAC 365-230-340. The renovation company must maintain records of its
regulated activities for 3 years, including:
Any paint testing results.
Copies of signed pamphlet acknowledgements forms or other
documentation of delivery.
Documentation and certification that renovation
requirements were followed.
Individual worker training records.
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, and/or a lead-based paint pre-renovation
education 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 U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).
List of Subjects
Department of Commerce, State of Washington, Ecology, Lead,
Renovation, Renovation work practice standards, Renovation training,
Renovation certification, Renovation notification, Reporting and record
keeping requirements.
Dated: May 2, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2011-11437 Filed 5-9-11; 8:45 am]
BILLING CODE 6560-50-P
