Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings; Notice of Public Meeting and Reopening of Comment Period, 27906-27908 [2013-11316]
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27906
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999); is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 USC 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 2, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013–11289 Filed 5–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
emcdonald on DSK67QTVN1PROD with PROPOSALS
40 CFR Part 745
[EPA–HQ–OPPT–2010–0173; FRL–9385–6]
RIN 2070–AJ56
Lead; Renovation, Repair, and Painting
Program for Public and Commercial
Buildings; Notice of Public Meeting
and Reopening of Comment Period
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Mar<15>2010
14:16 May 10, 2013
Jkt 229001
Notice of public meeting and
reopening of comment period.
ACTION:
SUMMARY: In 2010, EPA issued an
advance notice of proposed rulemaking
(ANPRM) concerning renovation, repair,
and painting activities 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 announces a
public meeting on June 26, 2013, and
reopens the comment period for the
December 31, 2012 Federal Register
document to allow for additional data
and other information to be submitted
by the public and interested
stakeholders.
DATES: The public meeting will be held
on June 26, 2013, from 8:30 a.m. to
12:30 p.m. Requests to participate in the
meeting must be received on or before
June 3, 2013.
To request accommodation of a
disability, please contact the technical
person listed under FOR FURTHER
INFORMATON CONTACT, preferably at least
10 days prior to the meeting, to give
EPA as much time as possible to process
your request.
Comments must be received on or
before July 12, 2013. For additional
information on timeframes for
submission of comments, see Unit II. of
the SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held at
the Environmental Protection Agency,
Room 1153, EPA East Bldg., 1200
Pennsylvania Ave. NW., Washington,
DC 20460.
Requests to participate in the meeting,
identified by docket identification (ID)
number EPA–HQ–OPPT–2010–0173,
must be submitted to the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
Submit your comments, identified by
docket 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
PO 00000
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delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
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.
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
manage or 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
E:\FR\FM\13MYP1.SGM
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
departments, 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.
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.
B. How can I get copies of this document
vii. Explain your views as clearly as
and other related information?
possible, avoiding the use of profanity
or personal threats.
The docket for this action, identified
viii. Make sure to submit your
by docket ID number EPA–HQ–OPPT–
comments by the comment period
2010–0173, is available at https://
deadline identified in this document.
www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket II. Background
(OPPT Docket), Environmental
Title IV of TSCA, 15 U.S.C. 2681 et
Protection Agency Docket Center (EPA/
seq., was enacted to assist the Federal
DC), EPA West Bldg., Rm. 3334, 1301
Government in reducing lead exposures,
Constitution Ave. NW., Washington,
particularly those resulting from leadDC. The Public Reading Room is open
based paint. Section 402(c)(3) of TSCA
from 8:30 a.m. to 4:30 p.m., Monday
specifically requires EPA to revise its
through Friday, excluding legal
Lead-based Paint Activities Regulations
holidays. The telephone number for the (Ref. 1), promulgated under TSCA
Public Reading Room is (202) 566–1744, section 402(a), to apply to those
and the telephone number for the OPPT renovation and remodeling activities in
Docket is (202) 566–0280. Please review target housing, public buildings
the visitor instructions and additional
constructed before 1978, or commercial
information about the docket available
buildings that create lead-based paint
at https://www.epa.gov/dockets.
hazards. In April 2008, EPA issued the
final Lead Renovation, Repair, and
C. What should I consider as I prepare
Painting (RRP) Rule under TSCA section
my comments for EPA?
402(c)(3) (Ref. 2). The RRP Rule covers
1. Submitting CBI. Do not submit this
renovation, repair, and painting
information to EPA through
activities in target housing, which is
regulations.gov or email. Clearly mark
most pre-1978 housing, and childthe part or all of the information that
occupied facilities, defined in the rule
you claim to be CBI. For CBI
as a subset of public and commercial
information in a disk or CD–ROM that
buildings in which young children
you mail to EPA, mark the outside of the spend a significant amount of time.
disk or CD–ROM as CBI and then
Shortly after the RRP Rule was
identify electronically within the disk or published, several lawsuits were filed
CD–ROM the specific information that
challenging the rule, asserting, among
is claimed as CBI. In addition to one
other things, that EPA violated TSCA
complete version of the comment that
section 402(c)(3) by failing to address
includes information claimed as CBI, a
renovation activities in public and
copy of the comment that does not
commercial buildings. These lawsuits
contain the information claimed as CBI
(brought by environmental and
must be submitted for inclusion in the
children’s health advocacy groups as
public docket. Information so marked
well as a homebuilders association)
will not be disclosed except in
were consolidated in the Circuit Court
accordance with procedures set forth in of Appeals for the District of Columbia
40 CFR part 2.
Circuit. EPA engaged in collective
2. Tips for preparing your comments.
settlement negotiations with all the
When submitting comments, remember
parties and on August 24, 2009, EPA
to:
entered into an agreement with
i. Identify this document by docket ID environmental and children’s health
number and other identifying
advocacy groups in settlement of their
information (subject heading, Federal
lawsuits (Ref. 3). Shortly thereafter, the
Register date and page number).
homebuilders association voluntarily
ii. Follow directions. Follow the
dismissed its challenge to the rule. As
detailed instructions as provided under
part of this settlement agreement, EPA
ADDRESSES.
agreed to commence rulemaking to
iii. Respond to specific questions
address renovations in public and
posed by the Agency.
commercial buildings, other than childoccupied facilities, to the extent such
iv. Describe any assumptions and
renovations create lead-based paint
provide any technical information and/
hazards. As an initial step, EPA issued
or data that you used or that would
an ANPRM in the Federal Register on
substantiate your concern.
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14:16 May 10, 2013
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27907
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 in the
agreement, 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.
On December 31, 2012, EPA announced
its intention to hold a public meeting on
public and commercial building
renovations and opened a comment
period to offer interested stakeholders
another opportunity to provide
information and data that EPA could
use to make regulatory decisions in this
area (Ref. 5). EPA specifically requested
information on the following:
1. The manufacture, sale, and uses of
lead-based paint after 1978.
2. The use of lead-based paint on
public and commercial buildings.
3. The frequency and extent of
renovations of public and commercial
buildings.
4. Work practices used to renovate
public and commercial buildings.
5. Dust generation and transportation
from exterior and interior renovations of
public and commercial buildings.
With this document, EPA is
announcing that the public meeting will
be held on June 26, 2013, from 8:30 a.m.
to 12:30 p.m. at the location provided
under ADDRESSES. EPA has developed a
discussion guide for the meeting that
includes a description of the
information received during the
comment period earlier this year. The
discussion guide has been placed in the
docket for this action, docket ID number
EPA–HQ–OPPT–2010–0173, and is
available on EPA’s Web site at https://
www.epa.gov/lead/rrp/. The
discussion guide can also be obtained
from the National Lead Information
Center by calling 1–800–424–LEAD
(5323) or from the technical person
listed under FOR FURTHER INFORMATION
CONTACT.
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
EPA is also reopening the comment
period for the December 31, 2012
Federal Register document (Ref. 5) to
allow interested parties to submit
additional relevant information and data
before the public meeting, although EPA
is not planning to update the discussion
guide to reflect any information
submitted at this time. The reopened
comment period will stay open through
the public meeting on June 26, 2013,
and continue to remain open until July
12, 2013 to accommodate written
follow-up comments that participants or
the general public wish to submit after
the public meeting. Comments will be
accepted regardless of whether the
submitter participates in the public
meeting.
III. References
emcdonald on DSK67QTVN1PROD with PROPOSALS
1. EPA. Lead; Requirements for Lead-Based
Paint Activities in Target Housing and ChildOccupied 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; Advance Notice of Proposed
Rulemaking. Federal Register (75 FR 24848,
May 6, 2010) (FRL–8823–6).
5. EPA. Lead; Renovation, Repair, and
Painting Program for Public and Commercial
Buildings; Request for Information and
Advance Notice of Public Meeting. Federal
Register (77 FR 76996, December 31, 2012)
(FRL–9373–7).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings
and facilities, Business and industry,
Lead-based paint, Hazardous
substances, Public and commercial
buildings, Occupational safety and
health, Renovation, Repair, and Painting
Program (RRP), Safety.
14:16 May 10, 2013
[FR Doc. 2013–11316 Filed 5–10–13; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–192
[FMR Case 2008–102–4; Docket 2008–0001;
Sequence 1]
RIN 3090–AI79
Federal Management Regulation
(FMR); Mail Management; Financial
Requirements for All Agencies
Office of Governmentwide
Policy, GSA.
ACTION: Proposed rule.
AGENCY:
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
including documents that are referenced
within the documents that are included
in the docket, even if the referenced
document is not physically located in
the docket. For assistance in locating
these other documents, please consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
VerDate Mar<15>2010
Dated: May 6, 2013.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
Jkt 229001
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the Federal Management
Regulation (FMR) by revising its mail
management policy. A major part of the
proposed revision involves the removal
of the agency requirement to pay the
United States Postal Service (USPS)
using commercial payment processes.
This proposed rule also revises the term
‘‘commercial payment process’’,
removes the definition ‘‘large agency’’,
requires all agencies to provide an
annual mail management report,
changes the date of the annual report,
removes the description of facility and
program mail manager responsibilities,
recommends all agencies implement the
process of consolidation of mail and
requires all agencies to expand existing
mail security policy to include guidance
for employees receiving incoming and
sending outgoing official mail at an
alternative worksite. Finally, this
proposed rule encourages agencies to
increase sustainable activities in their
mail programs, and makes editorial and
technical corrections. This case is
included in GSA’s retrospective review
of existing regulations under Executive
Order 13563. Additional information is
available at www.gsa.gov/
improvingregulations.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before July 12, 2013
to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in
response to FMR Case 2008–102–4 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
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via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2008–102–4’’.
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘FMR Case 2008–102–4’’ on
your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FMR Case 2008–102–4, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Derrick
Miliner, Office of Governmentwide
Policy, Mail Management Program, at
202–273–3564, or email him at
derrick.miliner@gsa.gov. Please cite
FMR case 2008–102–4. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat (MVCB), 1275 First Street
NE., Washington, DC 20417, 202–501–
4755.
SUPPLEMENTARY INFORMATION:
A. Background
On June 6, 2002, GSA published an
interim rule in the Federal Register (67
FR 38899) that required all payments to
the United States Postal Service (USPS)
be made using commercial payment
processes, not the Official Mail
Accounting System (OMAS). The initial
conversion date of October 1, 2003, was
subsequently changed to December 31,
2003 by an amendment published in the
Federal Register on September 29, 2003
(68 FR 56112). Many agencies
unfortunately were not able to meet this
goal.
If agencies did not convert to the
commercial payment process by that
date, they were required to submit a
deviation request for an extension. If
granted, the deviation could last for no
longer than a two-year period (per
internal GSA policy), at which time
agencies would have to request another
deviation. FMR Bulletin G–01,
published in the Federal Register on
May 13, 2008 (73 FR 27540), granted a
12 month deviation from April 11, 2008
through April 13, 2009 for conversion to
the commercial payment process. FMR
Bulletin G–02 extended the period
granted in FMR Bulletin G–01 to April
13, 2010. GSA granted agencies another
automatic 12-month deviation and
E:\FR\FM\13MYP1.SGM
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Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27906-27908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11316]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2010-0173; FRL-9385-6]
RIN 2070-AJ56
Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings; Notice of Public Meeting and Reopening of Comment
Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of public meeting and reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: In 2010, EPA issued an advance notice of proposed rulemaking
(ANPRM) concerning renovation, repair, and painting activities 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 announces a public meeting on June 26, 2013, and reopens
the comment period for the December 31, 2012 Federal Register document
to allow for additional data and other information to be submitted by
the public and interested stakeholders.
DATES: The public meeting will be held on June 26, 2013, from 8:30 a.m.
to 12:30 p.m. Requests to participate in the meeting must be received
on or before June 3, 2013.
To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
Comments must be received on or before July 12, 2013. For
additional information on timeframes for submission of comments, see
Unit II. of the SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held at the Environmental Protection
Agency, Room 1153, EPA East Bldg., 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
Requests to participate in the meeting, identified by docket
identification (ID) number EPA-HQ-OPPT-2010-0173, must be submitted to
the technical person listed under FOR FURTHER INFORMATION CONTACT.
Submit your comments, identified by docket 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.html.
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 manage or 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
[[Page 27907]]
departments, 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. How can I get copies of this document and other related information?
The docket for this action, identified by docket ID number EPA-HQ-
OPPT-2010-0173, is available at https://www.regulations.gov or at the
Office of Pollution Prevention and Toxics Docket (OPPT Docket),
Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
C. 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.
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.
iii. Respond to specific questions posed by the Agency.
iv. Describe any assumptions and provide any technical information
and/or data that you used or that would substantiate your concern.
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 in the agreement, 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. On December
31, 2012, EPA announced its intention to hold a public meeting on
public and commercial building renovations and opened a comment period
to offer interested stakeholders another opportunity to provide
information and data that EPA could use to make regulatory decisions in
this area (Ref. 5). EPA specifically requested information on the
following:
1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint on public and commercial buildings.
3. The frequency and extent of renovations of public and commercial
buildings.
4. Work practices used to renovate public and commercial buildings.
5. Dust generation and transportation from exterior and interior
renovations of public and commercial buildings.
With this document, EPA is announcing that the public meeting will
be held on June 26, 2013, from 8:30 a.m. to 12:30 p.m. at the location
provided under ADDRESSES. EPA has developed a discussion guide for the
meeting that includes a description of the information received during
the comment period earlier this year. The discussion guide has been
placed in the docket for this action, docket ID number EPA-HQ-OPPT-
2010-0173, and is available on EPA's Web site at https://www.epa.gov/lead/rrp/. The discussion guide can also be obtained from the
National Lead Information Center by calling 1-800-424-LEAD (5323) or
from the technical person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 27908]]
EPA is also reopening the comment period for the December 31, 2012
Federal Register document (Ref. 5) to allow interested parties to
submit additional relevant information and data before the public
meeting, although EPA is not planning to update the discussion guide to
reflect any information submitted at this time. The reopened comment
period will stay open through the public meeting on June 26, 2013, and
continue to remain open until July 12, 2013 to accommodate written
follow-up comments that participants or the general public wish to
submit after the public meeting. Comments will be accepted regardless
of whether the submitter participates in the public meeting.
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 including documents that are referenced within the
documents that are included in the docket, even if the referenced
document is not physically located in the docket. For assistance in
locating these other documents, please consult the technical person
listed under FOR FURTHER INFORMATION CONTACT.
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; Advance Notice of Proposed
Rulemaking. Federal Register (75 FR 24848, May 6, 2010) (FRL-8823-
6).
5. EPA. Lead; Renovation, Repair, and Painting Program for
Public and Commercial Buildings; Request for Information and Advance
Notice of Public Meeting. Federal Register (77 FR 76996, December
31, 2012) (FRL-9373-7).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings and facilities, Business and
industry, Lead-based paint, Hazardous substances, Public and commercial
buildings, Occupational safety and health, Renovation, Repair, and
Painting Program (RRP), Safety.
Dated: May 6, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-11316 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P