Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings; Request for Information and Advance Notice of Public Meeting, 76996-76998 [2012-31532]

Download as PDF 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 http:// www.epa.gov/oppbppd1/biopesticides/ regtools/25b_list.htm (or successor web pages at http://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: http:// 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 http:// www.epa.gov/dockets/contacts.htm. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://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: VerDate Mar<15>2010 20:33 Dec 28, 2012 Jkt 229001 SUPPLEMENTARY INFORMATION: A. Does this action apply to me? PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 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 VerDate Mar<15>2010 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: PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 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: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 (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 31DEP1

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]


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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: http://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 http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://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