Lead; Framework for Identifying and Evaluating Lead-Based Paint Hazards From Renovation, Repair, and Painting Activities in Public and Commercial Buildings, 31072-31074 [2014-12605]
Download as PDF
31072
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules
an original copy of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
72. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
IX. Document Availability
73. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://
www.ferc.gov) and in FERC’s Public
Reference Room during normal business
hours (8:30 a.m. to 5:00 p.m. Eastern
time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
74. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
75. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at (202) 502–6652 (toll
free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
Electric power rates; Electric utilities;
Reporting and recordkeeping
requirements.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
In consideration of the foregoing, the
Commission proposes to amend Part 35,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
1. The authority citation for part 35
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Amend § 35.28 by revising
paragraph (d) to read as follows:
■
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Jkt 232001
§ 35.28 Non-discriminatory open access
transmission tariff.
*
*
*
*
*
(d) Waivers. (1) A public utility
subject to the requirements of this
section and 18 CFR parts 37 (Open
Access Same-Time Information System)
and 358 (Standards of Conduct for
Transmission Providers) for good cause
shown. Except as provided in paragraph
(f) of this section, an application for
waiver must be filed no later than 60
days prior to the time the public utility
would have to comply with the
requirement.
(2) The requirements of this section,
18 CFR parts 37 (Open Access SameTime Information System) and 358
(Standards of Conduct for Transmission
Providers) are waived for any public
utility that is or becomes subject to such
requirements solely because it owns,
controls, or operates Interconnection
Customer’s Interconnection Facilities, in
whole or in part, and sells electric
energy from its Generating Facility, as
those terms are defined in the standard
generator interconnection procedures
and agreements referenced in paragraph
(f) of this section.
(i) The waivers referenced in this
paragraph (d)(2) shall be deemed to be
revoked as of the date the public utility
ceases to satisfy the qualifications of
this paragraph (d)(2), and may be
revoked by the Commission if the
Commission determines that it is in the
public interest to do so. After revocation
of its waivers, the public utility must
comply with the requirements that had
been waived within 60 days of
revocation.
(ii) Any eligible entity that seeks
interconnection or transmission services
with respect to Interconnection
Customer’s Interconnection Facilities
for which a waiver is in effect pursuant
to this paragraph (d)(2) shall follow the
procedures in sections 210, 211, and
212 of the Federal Power Act and 18
CFR 2.20 and 18 CFR part 36. In any
proceeding pursuant to this paragraph
(d)(2)(ii):
(A) The Commission will consider it
to be in the public interest to grant
priority rights to the owner and/or
operator of Interconnection Customer’s
Interconnection Facilities to use
capacity thereon when such owner and/
or operator can demonstrate that it has
specific plans with milestones to use
such capacity to interconnect its or its
affiliate’s future generation projects.
(B) For the first five years after the
Interconnection Customer’s
Interconnection Facilities are energized,
the Commission will apply rebuttable
presumptions that:
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Fmt 4702
Sfmt 4702
(1) The owner and/or operator of such
facilities has definitive plans to use the
capacity thereon, and it is thus in the
public interest to grant priority rights to
the owner and/or operator of such
facilities to use capacity thereon; and
(2) The owner and/or operator of such
facilities should not be required to
expand its facilities.
Note: The following appendices will not
appear in the Code of Federal Regulations.
Appendix A: List of Short Names of
Commenters on the Federal Energy
Regulatory Commission’s Notice of
Inquiry on Open Access and Priority
Rights on Interconnection Facilities—
Docket No. AD12–14–000, April 2012
Commenter (Short Name or Acronym)
American Public Power Association (APPA)
American Wind Energy Association (AWEA)
Bonneville Power Administration (BPA)
BP Wind Energy North America Inc. (BP
Wind)
California Independent System Operator
Corporation (CAISO)
Duke Energy Corporation (Duke)
Edison Electric Institute (EEI)
E.ON Climate & Renewables North America
(E.ON)
Electric Power Supply Association (EPSA)
First Wind Holdings, LLC (First Wind)
Invenergy Wind Development LLC and
Invenergy Thermal Development LLC
(Invenergy)
ITC Holdings Corp. (ITC)
Los Angeles Department of Water and Power
(LADWP)
Midwest Independent Transmission System
Operator, Inc. (MISO)
NextEra Energy Resources, LLC (NextEra)
New Jersey Board of Public Utilities (NJBPU)
The NRG Companies (NRG)
Puget Sound Energy, Inc. (Puget)
Recurrent Energy
San Diego Gas & Electric Company
Solar Energy Industries Association (SEIA)
Southwest Power Pool, Inc.
Tenaska Energy, Inc. (Tenaska)
TGP Development Company, LLC (TGP)
Transmission Access Policy Study Group
(TAPS)
[FR Doc. 2014–11946 Filed 5–29–14; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 745
[EPA–HQ–OPPT–2010–0173; FRL–9910–44]
RIN 2070–AJ56
Lead; Framework for Identifying and
Evaluating Lead-Based Paint Hazards
From Renovation, Repair, and Painting
Activities in Public and Commercial
Buildings
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\30MYP1.SGM
30MYP1
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules
Advanced notice of proposed
rulemaking; availability and request for
comment on Framework.
ACTION:
EPA is making the following
document available for public review
and comment: ‘‘Framework for
Identifying and Evaluating Lead-Based
Paint Hazards From Renovation, Repair,
and Painting Activities in Public and
Commercial Buildings’’ (Framework).
The Framework describes an approach
for identifying and evaluating hazards
created by renovations of public and
commercial buildings (P&CBs). The
Framework also describes how the
analyses under this approach would be
performed, and presents results of some
preliminary analyses that evaluated the
impact of different variables on
exposure estimates for young children.
EPA will consider these comments as
the Agency determines whether hazards
are created by P&CB renovations and, if
appropriate, develops proposed
requirements.
SUMMARY:
Comments must be received on
or before June 30, 2014.
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.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
mstockstill on DSK4VPTVN1PROD with PROPOSALS
DATES:
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16:22 May 29, 2014
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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
P&CBs. 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.
Potentially affected entities may
include:
• Building construction (NAICS code
236).
• Specialty trade contractors (NAICS
code 238).
• Real estate (NAICS code 531).
• Other general governmental support
(NAICS code 921).
Full descriptions of these NAICS
codes and related establishments are
maintained by the U.S. Census Bureau
online at https://www.census.gov/eos/
www/naics/. 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.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
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31073
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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.
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.
II. Authority
Title IV of the Toxic Substances
Control Act (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 403 of TSCA
directs EPA to identify lead-based paint
hazards, lead-contaminated dust, and
lead-contaminated soil. ‘‘Lead-based
paint hazard’’ is defined at TSCA
section 401(10).
Section 402(c)(3) of TCSA directs EPA
to revise its lead-based paint activities
regulations (commonly referred to as
lead abatement activities), promulgated
under TSCA section 402(a), to apply the
regulations to renovation or remodeling
activities in target housing, public
buildings constructed before 1978, and
commercial buildings that create leadbased paint hazards.
III. Overview of the Framework
The Framework (Ref. 1) describes an
approach for identifying and evaluating
hazards created by renovations of
P&CBs. The Framework also describes
how the analyses under this approach
would be performed, and presents
results of some preliminary analyses
that evaluated the impact of different
variables on exposure estimates for
young children.
The Framework also reviews the
approach used in 2008 to identify and
evaluate hazards in residences and in
child-occupied facilities (COFs)—a
subset of P&CBs, such as day care
centers. This approach is predicated
upon defining a hazard as a condition
of paint (e.g., peeling, cracking,
chipping, or otherwise damaged), or a
lead level in dust, soil, paint, etc., that
EPA would consider to be a hazard. In
the 2008 final Renovation, Repair, and
E:\FR\FM\30MYP1.SGM
30MYP1
mstockstill on DSK4VPTVN1PROD with PROPOSALS
31074
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules
Painting (RRP) rule (Ref. 2) EPA
compared the observed dust-lead levels
from the renovations tested in the
Revised Final Report on
Characterization of Dust Lead Levels
After Renovation, Repair, and Painting
Activities (Ref. 3) to the dust-lead
hazard standards promulgated in 2001
(Ref. 4). This approach formed the basis
for EPA’s determination that all
renovation activities that disturb leadbased paint in target housing and
COFs—a subset of P&CBs, such as day
care centers—create lead-based paint
hazards.
Under the approach being considered
for the P&CB analysis, however, hazards
would be identified as exposures
created by P&CB renovations that result
in adverse health effects. EPA would
model specific interior and exterior
P&CB renovation scenarios that
represent the broad range of exposure
that can occur in P&CBs in order to
evaluate whether adverse health effects
could occur. These scenarios would take
into account the variability in exposure
times as well as in building sizes and
configurations when evaluating hazards.
For children, EPA would likely evaluate
Intelligence Quotient (IQ) decrements.
For adults, EPA would consider
appropriate health effects and their
associated concentration-response
functions, such as renal effects,
cardiovascular effects and others. EPA is
reviewing currently available scientific
literature to determine if appropriate
adverse health effects for adults can be
selected and analyzed.
The Framework discusses possible
considerations of using the approach for
evaluating risk inside P&CBs from
renovation activities, including: Ability
to target risks associated with
renovations, quantification of adult
health effects and applicability of
modeling results.
Additionally, the Framework
describes how the full analyses might be
done if this approach were to be
selected, and presents the results of
preliminary analyses that EPA
performed to determine the impact of
different variables on predictions of IQ
and blood lead level changes for young
children. The preliminary analysis was
deterministic while any full analysis
conducted for the approach would be
probabilistic. Thus, preliminary analysis
results are not representative of all
scenarios that could be analyzed. EPA
will determine whether these
preliminary results are reproducible
once more robust analyses are
performed. Therefore, the preliminary
findings reported in the Framework
should not be construed as final and
may change.
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16:22 May 29, 2014
Jkt 232001
Because EPA is providing the
information contained in the
Framework and an opportunity for
public comment prior to issuing any
proposed rule, the information
contained in the Framework is limited.
For instance, the document does not
provide significant detail regarding
modeling inputs and results, how EPA
might apply the results of any analyses,
or a discussion regarding what
magnitude of deleterious health effect
would be considered to be adverse.
Further details and the results of such
analyses would be provided for review
and comment in any future proposal. In
addition, EPA plans to make public, and
provide for peer review of any such
analyses.
IV. Request for Comment
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings
and facilities, Business and industry,
Hazardous substances, Lead-based
paint, Public and commercial buildings,
Renovation, Repair, and Painting
Program (RRP), Safety.
Dated: May 22, 2014.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2014–12605 Filed 5–29–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
EPA is requesting public review and
comment on all aspects of the
Framework, and particularly related to
the following:
• The utility of the approach
discussed in the Framework to assessing
risk to human health inside P&CBs as a
result of P&CB renovations.
• Making a hazard finding inside
nearby homes and COFs as a result of
P&CB renovations.
• The overview of an analysis
approach outlined in the Framework.
50 CFR Part 660
V. References
SUMMARY:
The following is a listing of the
documents that are specifically
referenced in this document. The docket
includes these documents and other
information considered by EPA,
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. Framework for Identifying and
Evaluating Lead-Based Paint Hazards
from Renovation, Repair, and Painting
Activities in Public and Commercial
Buildings. May 2014.
2. EPA. Lead; Renovation, Repair, and
Painting Program; Final Rule. Federal
Register (73 FR 21692, April 22, 2008)
(FRL–8355–7).
3. EPA. Revised Final Report on
Characterization of Dust Lead Levels
After Renovation, Repair, and Painting
Activities. November 11, 2007.
Document ID number EPA–HQ–OPPT–
2005–0049–0857.
4. EPA. Lead; Identification of Dangerous
Levels of Lead; Final Rule. Federal
Register (66 FR 1206, January 5, 2001)
(FRL–6763–5).
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Sfmt 4702
[Docket No. 140417346–4346–01]
RIN 0648–XD252
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
an annual catch limit (ACL), and
associated annual reference points for
Pacific sardine in the U.S. exclusive
economic zone (EEZ) off the Pacific
coast for the fishing season of July 1,
2014, through June 30, 2015. This rule
is proposed according to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed
2014–2015 ACL for Pacific sardine is
23,293 metric tons (mt). The proposed
initial overall commercial fishing target,
that is to be allocated across the three
allocation periods for sardine
management, is 19,293 mt. This amount
would be divided across the three
seasonal allocation periods for the
directed fishery the following way: July
1–September 14—7,718 mt; September
15–December 31—4,823 mt; and January
1–June 30—6,752 mt, with an incidental
set-aside of 500 mt for each of the three
periods. This proposed rule is intended
to conserve and manage the Pacific
sardine stock off the U.S. West Coast.
DATES: Comments must be received by
June 30, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2014–0061, by any of the
following methods:
E:\FR\FM\30MYP1.SGM
30MYP1
Agencies
[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Proposed Rules]
[Pages 31072-31074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12605]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2010-0173; FRL-9910-44]
RIN 2070-AJ56
Lead; Framework for Identifying and Evaluating Lead-Based Paint
Hazards From Renovation, Repair, and Painting Activities in Public and
Commercial Buildings
AGENCY: Environmental Protection Agency (EPA).
[[Page 31073]]
ACTION: Advanced notice of proposed rulemaking; availability and
request for comment on Framework.
-----------------------------------------------------------------------
SUMMARY: EPA is making the following document available for public
review and comment: ``Framework for Identifying and Evaluating Lead-
Based Paint Hazards From Renovation, Repair, and Painting Activities in
Public and Commercial Buildings'' (Framework). The Framework describes
an approach for identifying and evaluating hazards created by
renovations of public and commercial buildings (P&CBs). The Framework
also describes how the analyses under this approach would be performed,
and presents results of some preliminary analyses that evaluated the
impact of different variables on exposure estimates for young children.
EPA will consider these comments as the Agency determines whether
hazards are created by P&CB renovations and, if appropriate, develops
proposed requirements.
DATES: Comments must be received on or before June 30, 2014.
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.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 perform renovations,
repairs, or painting activities on the exterior or interior of P&CBs.
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.
Potentially affected entities may include:
Building construction (NAICS code 236).
Specialty trade contractors (NAICS code 238).
Real estate (NAICS code 531).
Other general governmental support (NAICS code 921).
Full descriptions of these NAICS codes and related establishments
are maintained by the U.S. Census Bureau online at https://www.census.gov/eos/www/naics/. 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.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
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.
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.
II. Authority
Title IV of the Toxic Substances Control Act (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
403 of TSCA directs EPA to identify lead-based paint hazards, lead-
contaminated dust, and lead-contaminated soil. ``Lead-based paint
hazard'' is defined at TSCA section 401(10).
Section 402(c)(3) of TCSA directs EPA to revise its lead-based
paint activities regulations (commonly referred to as lead abatement
activities), promulgated under TSCA section 402(a), to apply the
regulations to renovation or remodeling activities in target housing,
public buildings constructed before 1978, and commercial buildings that
create lead-based paint hazards.
III. Overview of the Framework
The Framework (Ref. 1) describes an approach for identifying and
evaluating hazards created by renovations of P&CBs. The Framework also
describes how the analyses under this approach would be performed, and
presents results of some preliminary analyses that evaluated the impact
of different variables on exposure estimates for young children.
The Framework also reviews the approach used in 2008 to identify
and evaluate hazards in residences and in child-occupied facilities
(COFs)--a subset of P&CBs, such as day care centers. This approach is
predicated upon defining a hazard as a condition of paint (e.g.,
peeling, cracking, chipping, or otherwise damaged), or a lead level in
dust, soil, paint, etc., that EPA would consider to be a hazard. In the
2008 final Renovation, Repair, and
[[Page 31074]]
Painting (RRP) rule (Ref. 2) EPA compared the observed dust-lead levels
from the renovations tested in the Revised Final Report on
Characterization of Dust Lead Levels After Renovation, Repair, and
Painting Activities (Ref. 3) to the dust-lead hazard standards
promulgated in 2001 (Ref. 4). This approach formed the basis for EPA's
determination that all renovation activities that disturb lead-based
paint in target housing and COFs--a subset of P&CBs, such as day care
centers--create lead-based paint hazards.
Under the approach being considered for the P&CB analysis, however,
hazards would be identified as exposures created by P&CB renovations
that result in adverse health effects. EPA would model specific
interior and exterior P&CB renovation scenarios that represent the
broad range of exposure that can occur in P&CBs in order to evaluate
whether adverse health effects could occur. These scenarios would take
into account the variability in exposure times as well as in building
sizes and configurations when evaluating hazards. For children, EPA
would likely evaluate Intelligence Quotient (IQ) decrements. For
adults, EPA would consider appropriate health effects and their
associated concentration-response functions, such as renal effects,
cardiovascular effects and others. EPA is reviewing currently available
scientific literature to determine if appropriate adverse health
effects for adults can be selected and analyzed.
The Framework discusses possible considerations of using the
approach for evaluating risk inside P&CBs from renovation activities,
including: Ability to target risks associated with renovations,
quantification of adult health effects and applicability of modeling
results.
Additionally, the Framework describes how the full analyses might
be done if this approach were to be selected, and presents the results
of preliminary analyses that EPA performed to determine the impact of
different variables on predictions of IQ and blood lead level changes
for young children. The preliminary analysis was deterministic while
any full analysis conducted for the approach would be probabilistic.
Thus, preliminary analysis results are not representative of all
scenarios that could be analyzed. EPA will determine whether these
preliminary results are reproducible once more robust analyses are
performed. Therefore, the preliminary findings reported in the
Framework should not be construed as final and may change.
Because EPA is providing the information contained in the Framework
and an opportunity for public comment prior to issuing any proposed
rule, the information contained in the Framework is limited. For
instance, the document does not provide significant detail regarding
modeling inputs and results, how EPA might apply the results of any
analyses, or a discussion regarding what magnitude of deleterious
health effect would be considered to be adverse. Further details and
the results of such analyses would be provided for review and comment
in any future proposal. In addition, EPA plans to make public, and
provide for peer review of any such analyses.
IV. Request for Comment
EPA is requesting public review and comment on all aspects of the
Framework, and particularly related to the following:
The utility of the approach discussed in the Framework to
assessing risk to human health inside P&CBs as a result of P&CB
renovations.
Making a hazard finding inside nearby homes and COFs as a
result of P&CB renovations.
The overview of an analysis approach outlined in the
Framework.
V. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, 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. Framework for Identifying and Evaluating Lead-Based Paint
Hazards from Renovation, Repair, and Painting Activities in Public
and Commercial Buildings. May 2014.
2. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule.
Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
3. EPA. Revised Final Report on Characterization of Dust Lead Levels
After Renovation, Repair, and Painting Activities. November 11,
2007. Document ID number EPA-HQ-OPPT-2005-0049-0857.
4. EPA. Lead; Identification of Dangerous Levels of Lead; Final
Rule. Federal Register (66 FR 1206, January 5, 2001) (FRL-6763-5).
List of Subjects in 40 CFR Part 745
Environmental protection, Buildings and facilities, Business and
industry, Hazardous substances, Lead-based paint, Public and commercial
buildings, Renovation, Repair, and Painting Program (RRP), Safety.
Dated: May 22, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2014-12605 Filed 5-29-14; 8:45 am]
BILLING CODE 6560-50-P