Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings; Request for Information and Advance Notice of Public Meeting, 76996-76998 [2012-31532]
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76996
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules
human health, including but not limited
to disease transmitting bacteria or
viruses, or claims to control insects or
rodents carrying specific diseases,
including, but not limited to ticks that
carry Lyme disease.
(iii) Company name and contact
information.
(A) The name of the producer or the
company for whom the product was
produced must appear on the product
label. If the company whose name
appears on the label in accordance with
this paragraph is not the producer, the
company name must be qualified by
appropriate wording such as ‘‘Packed
for * * *,’’ ‘‘Distributed by * * *,’’ or
‘‘Sold by * * *’’ to show that the name
is not that of the producer.
(B) Contact information for the
company specified in accordance with
paragraph (f)(3)(iii)(A) of this section
must appear on the product label
including the street address plus ZIP
code and the telephone phone number
of the location at which the company
may be reached.
(C) The company name and contact
information must be displayed
prominently on the product label.
(iv) The product must not include any
false and misleading labeling
statements, including those listed in
§ 156.10(a)(5)(i) through (viii).
(v) Guidance on minimum risk
pesticides is available at https://
www.epa.gov/oppbppd1/biopesticides/
regtools/25b_list.htm (or successor web
pages at https://www.epa.gov). This
advisory information includes guidance
on label formats, explanation of when
exemptions from the requirements of a
tolerance should be consulted, and
tables in alternative formats that may be
suitable for some users.
[FR Doc. 2012–31188 Filed 12–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 745
[EPA–HQ–OPPT–2010–0173; FRL–9373–7]
RIN 2070–AJ56
Lead; Renovation, Repair, and Painting
Program for Public and Commercial
Buildings; Request for Information and
Advance Notice of Public Meeting
Comments must be received on
or before April 1, 2013.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2010–0173, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Hans
Scheifele, National Program Chemicals
Division (7404T), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–3122;
email address: scheifele.hans@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
DATES:
Environmental Protection
Agency (EPA).
ACTION: Request for information and
advance notice of public meeting.
I. General Information
In 2010, EPA issued an
advance notice of proposed rulemaking
(2010 ANPRM) concerning renovation,
This document is directed to the
public in general. However, you may be
potentially affected by this action if you
AGENCY:
srobinson on DSK4SPTVN1PROD with
repair, and painting activities on and in
public and commercial buildings. EPA
is in the process of determining whether
these activities create lead-based paint
hazards, and, for those that do,
developing certification, training, and
work practice requirements as directed
by the Toxic Substances Control Act
(TSCA). This document opens a
comment period to allow for additional
data and other information to be
submitted by the public and interested
stakeholders. This document also
provides advance notice of EPA’s plan
to hold a public meeting on June 26,
2013.
SUMMARY:
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20:33 Dec 28, 2012
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SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
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perform renovations, repairs, or painting
activities on the exterior or interior of
public buildings or commercial
buildings. The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them. Other
types of entities not listed may also be
affected. Potentially affected entities
may include:
• Building construction (NAICS code
236), e.g., commercial building
construction, industrial building
construction, commercial and
institutional building construction,
building finishing contractors, drywall
and insulation contractors, painting and
wall covering contractors, finish
carpentry contractors, other building
finishing contractors.
• Specialty trade contractors (NAICS
code 238), e.g., plumbing, heating, and
air-conditioning contractors; painting
and wall covering contractors; electrical
contractors; finish carpentry contractors;
drywall and insulation contractors;
siding contractors; tile and terrazzo
contractors; glass and glazing
contractors.
• Real estate (NAICS code 531), e.g.,
lessors of non-residential buildings and
dwellings, non-residential property
managers.
• Other general government support
(NAICS code 921), e.g., general services
departments, government, public
property management services,
government.
If you have any questions regarding
the applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
E:\FR\FM\31DEP1.SGM
31DEP1
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules
srobinson on DSK4SPTVN1PROD with
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify this document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. Follow the
detailed instructions as provided under
ADDRESSES. Respond to specific
questions posed by the Agency.
iii. Explain why you agree or disagree;
suggest alternatives.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced by the
Agency and others.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified in this document.
II. Background
Title IV of TSCA, 15 U.S.C. 2681 et
seq., was enacted to assist the Federal
Government in reducing lead exposures,
particularly those resulting from leadbased paint. Section 402(c)(3) of TSCA
specifically requires EPA to revise its
Lead-based Paint Activities Regulations
(Ref. 1), promulgated under TSCA
section 402(a), to apply to those
renovation and remodeling activities in
target housing, public buildings
constructed before 1978, or commercial
buildings that create lead-based paint
hazards. In April 2008, EPA issued the
final Lead Renovation, Repair, and
Painting (RRP) Rule under TSCA section
402(c)(3) (Ref. 2). The RRP Rule covers
renovation, repair, and painting
activities in target housing, which is
most pre-1978 housing, and childoccupied facilities, defined in the rule
as a subset of public and commercial
buildings in which young children
spend a significant amount of time.
Shortly after the RRP Rule was
published, several lawsuits were filed
challenging the rule, asserting, among
other things, that EPA violated TSCA
section 402(c)(3) by failing to address
renovation activities in public and
commercial buildings. These lawsuits
(brought by environmental and
children’s health advocacy groups as
well as a homebuilders association)
were consolidated in the Circuit Court
of Appeals for the District of Columbia
Circuit. EPA engaged in collective
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20:33 Dec 28, 2012
Jkt 229001
settlement negotiations with all the
parties and on August 24, 2009, EPA
entered into an agreement with
environmental and children’s health
advocacy groups in settlement of their
lawsuits (Ref. 3). Shortly thereafter, the
homebuilders association voluntarily
dismissed its challenge to the rule. As
part of this settlement agreement, EPA
agreed to commence rulemaking to
address renovations in public and
commercial buildings, other than childoccupied facilities, to the extent such
renovations create lead-based paint
hazards. As an initial step, EPA issued
an ANPRM in the Federal Register on
renovations in public and commercial
buildings on May 6, 2010 (Ref. 4).
The settlement agreement has been
amended and modified several times
primarily to extend deadlines, with the
most recent amendment having been
entered into by the parties on September
7, 2012. Under the terms of the
amended settlement agreement, the date
by which EPA has agreed to either sign
a proposed rule covering renovation,
repair, and painting activities in public
and commercial buildings, or determine
that these activities do not create leadbased paint hazards, is July 1, 2015. If
EPA publishes a proposed rule in the
Federal Register, EPA agrees to take
final action on or before the date 18
months after the proposed rule has
published.
In addition, EPA agreed to hold a
public meeting on or before July 31,
2013, and offer an opportunity for
stakeholders and other interested
members of the public to provide data
and other information that EPA may use
in making its regulatory determinations.
With this document, EPA is providing
advance notice that it plans to hold the
public meeting on June 26, 2013, and
will provide more information about the
public meeting in a subsequent
document it intends to publish in the
Federal Register in the spring of 2013.
EPA also agreed to offer an
opportunity for stakeholders and other
interested members of the public to
provide data and other information that
EPA may use in making its regulatory
determinations. This document,
therefore, opens a comment period to
allow the public to submit additional
information and data pertaining to
renovation, repair, and painting
activities in and on public or
commercial buildings. EPA plans to
issue a discussion guide no later than 2
weeks before the public meeting. EPA
expects the discussion guide to describe
the information received during this
comment period. Of particular interest
to EPA for developing a proposed rule
is information concerning:
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76997
1. The manufacture, sale, and uses of
lead-based paint after 1978.
2. The use of lead-based paint in and
on public and commercial buildings.
3. The frequency and extent of
renovations on public and commercial
buildings.
4. Work practices used in renovation
of public and commercial buildings.
5. Dust generation and transportation
from exterior and interior renovations of
public and commercial buildings.
These topical descriptions offer only
a short characterization of the
information that EPA is interested in.
The 2010 ANPRM contains a
comprehensive history of this
rulemaking and the lead program in
general, a review of some of the relevant
information EPA has already gathered
and reviewed, and more detail on the
information sought for the public
meeting (Ref. 4).
EPA is seeking information from all
sources and regarding all types of
potentially affected businesses and
other stakeholders, including small
businesses. Information regarding work
practices typically used by small
businesses, as well as information on
costs and other potential regulatory
impacts on small businesses,
particularly those that would uniquely
affect small businesses, would be useful
to EPA in developing any proposed rule
for renovation, repair, and painting
activities in and on public or
commercial buildings.
III. References
As indicated under ADDRESSES, a
docket has been established for this
document under docket ID number
EPA–HQ–OPPT–2010–0173. The
following is a list of the documents that
are specifically referenced in this
document. The docket includes these
documents and other information.
1. EPA. Lead; Requirements for Lead-Based
Paint Activities in Target Housing and
Child-Occupied Facilities; Final Rule.
Federal Register (61 FR 45778, August
29, 1996) (FRL–5389–9).
2. EPA. Lead; Renovation, Repair, and
Painting Program; Final Rule. Federal
Register (73 FR 21692, April 22, 2008)
(FRL–8355–7).
3. EPA. Sierra Club, etc. Settlement, as
amended and modified (2009, 2011, and
2012).
4. EPA. Lead; Renovation, Repair, and
Painting Program for Public and
Commercial Buildings; Advanced Notice
of Proposed Rulemaking. Federal
Register (75 FR 24848, May 6, 2010)
(FRL–8823–6).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings
and facilities, Business and industry,
E:\FR\FM\31DEP1.SGM
31DEP1
76998
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules
updated flood hazard information, the
proposed rulemaking is being
withdrawn. A Notice of Proposed Flood
Hazard Determinations will be
published in the Federal Register and in
the affected community’s local
newspaper.
Lead- based paint, Hazardous
substances, Public and commercial
buildings, Occupational safety and
health, Renovations, Repair, and
Painting Program (RRP), Safety.
Dated: December 20, 2012.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
Authority: 42 U.S.C. 4104; 44 CFR 67.4.
James A. Walke,
Acting Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2012–31532 Filed 12–28–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2012–31340 Filed 12–28–12; 8:45 am]
BILLING CODE 9110–12–P
Federal Emergency Management
Agency
DEPARTMENT OF HOMELAND
SECURITY
44 CFR Part 67
Federal Emergency Management
Agency
[Docket ID FEMA–2011–0002: Internal
Agency Docket No. FEMA–B–1184]
Proposed Flood Elevation
Determinations for Nobles County, MN,
and Incorporated Areas
44 CFR Part 67
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
Proposed Flood Elevation
Determinations
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
withdrawing its proposed rule
concerning proposed flood elevation
determinations for Nobles County,
Minnesota, and Incorporated Areas.
DATES: This withdrawal is effective on
December 31, 2012.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–B–
1184, to Luis Rodriguez, Chief,
Engineering Management Branch,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4064,
or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUMMARY:
Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
On April
27, 2011, FEMA published a proposed
rulemaking at 76 FR 23528, proposing
flood elevation determinations along
one or more flooding sources in Nobles
County, Minnesota and Incorporated
Areas. Because FEMA has or will be
issuing a Revised Preliminary Flood
Insurance Rate Map, and if necessary a
Flood Insurance Study report, featuring
srobinson on DSK4SPTVN1PROD with
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
20:33 Dec 28, 2012
Jkt 229001
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1089]
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
On May 25, 2010, FEMA
published in the Federal Register a
proposed rule that contained an
erroneous table. This notice provides
corrections to that table, to be used in
lieu of the information published at 75
FR 29219. The table provided here
represents the flooding sources, location
of referenced elevations, effective and
modified elevations, and communities
affected for Butler County, Kentucky,
and Incorporated Areas. Specifically, it
addresses the following flooding
sources: Barren River (backwater effects
from Green River), Big Bull Creek
(backwater effects from Green River),
Big Reedy Creek (backwater effects from
Green River), Deerlick Creek (backwater
effects from Green River), Deerlick
Creek Tributary 6 (backwater effects
from Green River), East Prong Indian
Camp Creek (backwater effects from
Green River), Gary Creek (backwater
effects from Green River), Grassy Lick
Creek (backwater effects from Green
River), Green River, Hickory Camp
Creek (backwater effects from Green
River), Hickory Camp Creek Tributary 1
(backwater effects from Green River),
Indian Camp Creek (backwater effects
from Green River), Lindsey Creek
(backwater effects from Green River),
Little Bull Creek (backwater effects from
Green River), Little Reedy Creek
SUMMARY:
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(backwater effects from Green River),
Meffords Branch (backwater effects from
Green River), Meffords Branch Tributary
4 (backwater effects from Green River),
Mud River (backwater effects from
Green River), Mud River Tributary 17
(backwater effects from Green River),
Mud River Tributary 17.2 (backwater
effects from Green River), Muddy Creek
(backwater effects from Green River),
Muddy Creek Tributary 18 (backwater
effects from Green River), Muddy Creek
Tributary 27 (backwater effects from
Green River), Muddy Creek Tributary
39.1 (backwater effects from Green
River), Panther Creek (backwater effects
from Green River), Pipe Spring Hollow
(backwater effects from Green River),
Pitman Creek (backwater effects from
Green River), Pitman Creek Tributary 3
(backwater effects from Green River),
Renfrow Creek (backwater effects from
Green River), Renfrow Creek Tributary 6
(backwater effects from Green River),
Renfrow Creek Tributary 7 (backwater
effects from Green River), Renfrow
Creek Tributary 8 (backwater effects
from Green River), Renfrow Creek
Tributary 9 (backwater effects from
Green River), Rosy Creek (backwater
effects from Green River), Sandy Creek
(backwater effects from Green River),
Sandy Creek Tributary 5 (backwater
effects from Green River), Tallow
Branch (backwater effects from Green
River), Welch Creek (backwater effects
from Green River), West Prong Indian
Camp Creek (backwater effects from
Green River), and Wolfpen Hollow
(backwater effects from Green River).
DATES: Comments are to be submitted
on or before April 1, 2013.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–B–
1089, to Luis Rodriguez, Chief,
Engineering Management Branch,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4064
or (email) luis.rodriguez3@dhs.gov.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064 or (email)
luis.rodriguez3@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) publishes proposed
determinations of Base (1% annualchance) Flood Elevations (BFEs) and
modified BFEs for communities
participating in the National Flood
Insurance Program (NFIP), in
accordance with section 110 of the
E:\FR\FM\31DEP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Proposed Rules]
[Pages 76996-76998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31532]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2010-0173; FRL-9373-7]
RIN 2070-AJ56
Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings; Request for Information and Advance Notice of
Public Meeting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Request for information and advance notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: In 2010, EPA issued an advance notice of proposed rulemaking
(2010 ANPRM) concerning renovation, repair, and painting activities on
and in public and commercial buildings. EPA is in the process of
determining whether these activities create lead-based paint hazards,
and, for those that do, developing certification, training, and work
practice requirements as directed by the Toxic Substances Control Act
(TSCA). This document opens a comment period to allow for additional
data and other information to be submitted by the public and interested
stakeholders. This document also provides advance notice of EPA's plan
to hold a public meeting on June 26, 2013.
DATES: Comments must be received on or before April 1, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0173, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Hans Scheifele, National Program Chemicals Division (7404T), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-3122; email address: scheifele.hans@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This document is directed to the public in general. However, you
may be potentially affected by this action if you perform renovations,
repairs, or painting activities on the exterior or interior of public
buildings or commercial buildings. The following list of North American
Industrial Classification System (NAICS) codes is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Other types of entities not
listed may also be affected. Potentially affected entities may include:
Building construction (NAICS code 236), e.g., commercial
building construction, industrial building construction, commercial and
institutional building construction, building finishing contractors,
drywall and insulation contractors, painting and wall covering
contractors, finish carpentry contractors, other building finishing
contractors.
Specialty trade contractors (NAICS code 238), e.g.,
plumbing, heating, and air-conditioning contractors; painting and wall
covering contractors; electrical contractors; finish carpentry
contractors; drywall and insulation contractors; siding contractors;
tile and terrazzo contractors; glass and glazing contractors.
Real estate (NAICS code 531), e.g., lessors of non-
residential buildings and dwellings, non-residential property managers.
Other general government support (NAICS code 921), e.g.,
general services departments, government, public property management
services, government.
If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
[[Page 76997]]
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify this document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. Follow the detailed instructions as provided
under ADDRESSES. Respond to specific questions posed by the Agency.
iii. Explain why you agree or disagree; suggest alternatives.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced by the Agency and others.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified in this document.
II. Background
Title IV of TSCA, 15 U.S.C. 2681 et seq., was enacted to assist the
Federal Government in reducing lead exposures, particularly those
resulting from lead-based paint. Section 402(c)(3) of TSCA specifically
requires EPA to revise its Lead-based Paint Activities Regulations
(Ref. 1), promulgated under TSCA section 402(a), to apply to those
renovation and remodeling activities in target housing, public
buildings constructed before 1978, or commercial buildings that create
lead-based paint hazards. In April 2008, EPA issued the final Lead
Renovation, Repair, and Painting (RRP) Rule under TSCA section
402(c)(3) (Ref. 2). The RRP Rule covers renovation, repair, and
painting activities in target housing, which is most pre-1978 housing,
and child-occupied facilities, defined in the rule as a subset of
public and commercial buildings in which young children spend a
significant amount of time.
Shortly after the RRP Rule was published, several lawsuits were
filed challenging the rule, asserting, among other things, that EPA
violated TSCA section 402(c)(3) by failing to address renovation
activities in public and commercial buildings. These lawsuits (brought
by environmental and children's health advocacy groups as well as a
homebuilders association) were consolidated in the Circuit Court of
Appeals for the District of Columbia Circuit. EPA engaged in collective
settlement negotiations with all the parties and on August 24, 2009,
EPA entered into an agreement with environmental and children's health
advocacy groups in settlement of their lawsuits (Ref. 3). Shortly
thereafter, the homebuilders association voluntarily dismissed its
challenge to the rule. As part of this settlement agreement, EPA agreed
to commence rulemaking to address renovations in public and commercial
buildings, other than child-occupied facilities, to the extent such
renovations create lead-based paint hazards. As an initial step, EPA
issued an ANPRM in the Federal Register on renovations in public and
commercial buildings on May 6, 2010 (Ref. 4).
The settlement agreement has been amended and modified several
times primarily to extend deadlines, with the most recent amendment
having been entered into by the parties on September 7, 2012. Under the
terms of the amended settlement agreement, the date by which EPA has
agreed to either sign a proposed rule covering renovation, repair, and
painting activities in public and commercial buildings, or determine
that these activities do not create lead-based paint hazards, is July
1, 2015. If EPA publishes a proposed rule in the Federal Register, EPA
agrees to take final action on or before the date 18 months after the
proposed rule has published.
In addition, EPA agreed to hold a public meeting on or before July
31, 2013, and offer an opportunity for stakeholders and other
interested members of the public to provide data and other information
that EPA may use in making its regulatory determinations. With this
document, EPA is providing advance notice that it plans to hold the
public meeting on June 26, 2013, and will provide more information
about the public meeting in a subsequent document it intends to publish
in the Federal Register in the spring of 2013.
EPA also agreed to offer an opportunity for stakeholders and other
interested members of the public to provide data and other information
that EPA may use in making its regulatory determinations. This
document, therefore, opens a comment period to allow the public to
submit additional information and data pertaining to renovation,
repair, and painting activities in and on public or commercial
buildings. EPA plans to issue a discussion guide no later than 2 weeks
before the public meeting. EPA expects the discussion guide to describe
the information received during this comment period. Of particular
interest to EPA for developing a proposed rule is information
concerning:
1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint in and on public and commercial
buildings.
3. The frequency and extent of renovations on public and commercial
buildings.
4. Work practices used in renovation of public and commercial
buildings.
5. Dust generation and transportation from exterior and interior
renovations of public and commercial buildings.
These topical descriptions offer only a short characterization of
the information that EPA is interested in. The 2010 ANPRM contains a
comprehensive history of this rulemaking and the lead program in
general, a review of some of the relevant information EPA has already
gathered and reviewed, and more detail on the information sought for
the public meeting (Ref. 4).
EPA is seeking information from all sources and regarding all types
of potentially affected businesses and other stakeholders, including
small businesses. Information regarding work practices typically used
by small businesses, as well as information on costs and other
potential regulatory impacts on small businesses, particularly those
that would uniquely affect small businesses, would be useful to EPA in
developing any proposed rule for renovation, repair, and painting
activities in and on public or commercial buildings.
III. References
As indicated under ADDRESSES, a docket has been established for
this document under docket ID number EPA-HQ-OPPT-2010-0173. The
following is a list of the documents that are specifically referenced
in this document. The docket includes these documents and other
information.
1. EPA. Lead; Requirements for Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities; Final Rule. Federal Register
(61 FR 45778, August 29, 1996) (FRL-5389-9).
2. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule.
Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
3. EPA. Sierra Club, etc. Settlement, as amended and modified (2009,
2011, and 2012).
4. EPA. Lead; Renovation, Repair, and Painting Program for Public
and Commercial Buildings; Advanced Notice of Proposed Rulemaking.
Federal Register (75 FR 24848, May 6, 2010) (FRL-8823-6).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings and facilities, Business and
industry,
[[Page 76998]]
Lead- based paint, Hazardous substances, Public and commercial
buildings, Occupational safety and health, Renovations, Repair, and
Painting Program (RRP), Safety.
Dated: December 20, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2012-31532 Filed 12-28-12; 8:45 am]
BILLING CODE 6560-50-P
