Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Vermont; Notice of Self-Certification Program Authorization, 67895-67898 [2022-24541]
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
determined that this activity is
consistent with activities identified in
B4, Categorical Exclusions Applicable to
Specific Agency Actions (see 10 CFR
part 1021 appendix B to subpart D, part
B4). A copy of the categorical exclusion
determination is available on WAPA’s
website at: www.wapa.gov/regions/
CRSP/rates/Pages/rate-order-205.aspx.
Determination Under Executive Order
12866
WAPA has an exemption from
centralized regulatory review under
Executive Order 12866; accordingly, no
clearance of this notice by the Office of
Management and Budget is required.
Signing Authority
This document of the Department of
Energy was signed on October 28, 2022,
by Tracey A. LeBeau, Administrator,
Western Area Power Administration,
pursuant to delegated authority from the
Secretary of Energy. That document,
with the original signature and date, is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 7,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–24571 Filed 11–9–22; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R08–SFUND–2022–0881; FRL–10392–
01–R8]
Amendment to Prospective Purchaser
Agreement, Anaconda Smelter
Superfund Site, Anaconda, Deer Lodge
County, Montana
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed agreement;
request for public comment.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Notice is hereby given by the
U.S. Environmental Protection Agency
(EPA), Region 8, of a proposed
SUMMARY:
implementing NEPA (40 CFR parts 1500–1508); and
DOE NEPA Implementing Procedures and
Guidelines (10 CFR part 1021).
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17:43 Nov 09, 2022
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amendment to a prospective purchaser
agreement originally agreed to in 1994.
The 1994 agreement, with the Montana
Department of Environmental Quality
on behalf of the State of Montana (the
‘‘State’’), Anaconda-Deer Lodge County,
and the Old Works Golf Course
Authority, Inc., (‘‘Purchasers’’),
provided liability protection to the
Purchasers in return for the
implementation of certain institutional
controls such as the Development
Permit System, a county zoning system
that regulates development in the
county, and restrictive covenants
limiting the use of certain properties
affected by contamination, and also
provided for the operation and
maintenance of the Old Works Golf
Course. The amended agreement,
entitled Amendment to Agreement and
Covenant Not to Sue, provides for the
implementation of updated institutional
controls, including an updated
Development Permit System and
modified restrictive covenants. Other
work under the amended agreement
includes updated operations and
maintenance plans for the Old Works
Golf Course, the Residential Attic
Abatement Implementation Plan that
provides for cleaning of attics, the
Interior/Exterior Dust Program that
provides for cleanup of contaminated
dusts, and the Community Protective
Measures Plan, an information program.
Comments must be submitted on
or before December 12, 2022.
DATES:
The proposed agreement
and additional background information
relating to the agreement will be
available upon request. To reduce the
risk of COVID–19 transmission, for this
action we do not plan to offer hard copy
review of the docket. Comments and
requests for a copy of the proposed
agreement should be addressed to
Anntasia Copeland, Enforcement
Specialist, Superfund and Emergency
Management Division, Environmental
Protection Agency—Region 8, Mail
Code 8SEM–PAC, 1595 Wynkoop Street,
Denver, Colorado 80202, telephone
number: (303) 312–6343, email address:
copeland.anntasia@epa.gov and should
reference the Anaconda Smelter
Superfund Site. You may also send
comments, identified by Docket ID No.
EPA–R08–SFUND–2022–0881 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Andy Lensink, Assistant Regional
Counsel, Office of Regional Counsel,
Environmental Protection Agency,
Region 8, Mail Code 8 ORC–LEC, 1595
Wynkoop, Denver, Colorado 80202,
PO 00000
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67895
telephone number: (303) 312–6908,
email address: lensink.andy@epa.gov.
SUPPLEMENTARY INFORMATION: For thirty
(30) days following the date of
publication of this document, the
Agency will receive written comments
relating to the agreement. The Agency
will consider all comments received and
may modify or withdraw its consent to
the agreement if comments received
disclose facts or considerations that
indicate that the agreement is
inappropriate, improper, or inadequate.
Betsy Smidinger,
Division Director, Superfund and Emergency
Management Division, Region 8.
[FR Doc. 2022–24489 Filed 11–9–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R01–RCRA–2022–0802; 10223–01–R1]
Lead-Based Paint Renovation, Repair
and Painting Activities in Target
Housing and Child-Occupied Facilities;
State of Vermont; Notice of SelfCertification Program Authorization
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This document announces
that on October 1, 2022, the State of
Vermont was deemed authorized under
section 404(a) of the Toxic Substances
Control Act (TSCA) to administer and
enforce requirements for the lead-based
paint pre-renovation education and
renovation, repair and painting (RRP)
program. This document also announces
that the Environmental Protection
Agency (EPA) is seeking comment
during a 45-day public comment period,
and it is providing an opportunity to
request a public hearing within the first
15 days of this comment period on
whether Vermont’s program is at least as
protective as the federal program and
provides for adequate enforcement. This
document also announces that the
authorization of the Vermont prerenovation education and renovation,
repair and painting program, which was
deemed authorized by regulation and
statute, will continue without further
notice unless the EPA, based on its own
review and/or comments received
during the comment period,
disapproves the Vermont program
application.
DATES: Comments must be received on
or before December 27, 2022. In
addition, a public hearing request must
be submitted on or before November 25,
2022.
SUMMARY:
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
You may submit comments,
identified by Docket ID No. EPA–R01–
RCRA–2022–0802, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments received
may be posted without change to
https://www.regulations.gov/, including
any personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Amanda Triebwasser, RCRA Corrective
Action and TSCA Section; Land,
Chemicals, and Redevelopment
Division; U.S. EPA Region 1, 5 Post
Office Square, Suite 100 (Mail code 07–
WI), Boston, MA 02109–3912; telephone
number: 617–918–1758; email address:
triebwasser.amanda@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Public Participation
A. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R01–RCRA–2022–
0802 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
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II. General Information
A. What action is the agency taking?
The EPA is announcing that the State
of Vermont was deemed authorized
under section 404(a) of TSCA, 15 United
States Code (U.S.C.) 2684(a) and 40 CFR
745.324(d)(2), to administer and enforce
requirements for an RRP program in
accordance with section 402(c)(3) of
TSCA, 15 U.S.C. 2682(c)(3) on October
1, 2022. The 402(c)(3) program ensures
that training providers are accredited to
teach renovation classes, that
individuals performing renovation
activities are properly trained and
certified as renovators, that firms are
certified as renovation firms, and that
specific work practices are followed
during renovation activities. Vermont
submitted an application under section
404 of TSCA requesting authorization to
administer and enforce requirements for
an RRP program in accordance with
section 402(c)(3) of TSCA. Vermont’s
application included self-certification
that the program is at least as protective
of human health and the environment as
the federal program and provides for
adequate enforcement. Therefore,
pursuant to section 404(a) of TSCA and
40 CFR 745.324(d)(2), the Vermont RRP
program is deemed authorized as of the
date of submission and until such time
as the agency disapproves the program
application or withdraws program
authorization. Pursuant to section
404(b) of TSCA and 40 CFR
745.324(e)(2), the EPA is providing
notice, opportunity for public comment
and opportunity for a public hearing on
whether the state program application
and subsequent administrative rule
changes are at least as protective as the
federal program and provide for
adequate enforcement. If a hearing is
requested and granted, the EPA will
issue a Federal Register notice
announcing the date, time, and place of
the hearing.
B. What is EPA’s authority in taking this
action?
On October 28, 1992, the Housing and
Community Development Act of 1992,
Public Law 102–550, became law. Title
X of that statute was the Residential
Lead-Based Paint Hazard Reduction Act
of 1992. That act amended TSCA (15
U.S.C. 2601–2695d) by adding Title IV
(15 U.S.C. 2681–2692), entitled ‘‘Lead
Exposure Reduction.’’ On April 22,
2008, the EPA promulgated the final
TSCA section 402(c)(3) regulations
governing renovation activities (73 FR
21692). These regulations require that in
order to do renovation activities for
compensation, renovators must first be
properly trained and certified, must be
associated with a certified renovation
NAICS code
17:43 Nov 09, 2022
C. Does this action apply to me?
This action is directed to the public
in general, to entities offering Lead Safe
Renovation courses, and to firms and
individuals engaged in renovation and
remodeling activities of pre-1978
housing and child-occupied facilities in
the State of Vermont. Individuals and
firms falling under the North American
Industrial Classification System
(NAICS) codes in the table below may
be affected by these rules.
Description
236118 .........................................................................
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firm, and must follow specific work
practice standards, including
recordkeeping requirements. The EPA
believes that regulation of renovation
activities will help to reduce the
exposures that cause serious lead
poisonings, especially in children under
age 6 who are particularly susceptible to
the hazards of lead.
Under section 404 of TSCA, a state
may seek authorization from the EPA to
administer and enforce its own RRP
program in lieu of the federal program.
The regulation governing the
authorization of a state program under
section 402 of TSCA are codified at 40
CFR part 745, subpart Q. States that
choose to apply for program
authorization must submit a complete
application to the appropriate regional
EPA office for review. Those
applications will be reviewed by the
EPA within 180 days of receipt of the
complete application. To receive EPA
approval, a state must demonstrate that
its program is at least as protective of
human health and the environment as
the federal program, and provides for
adequate enforcement, as required by
section 404(b) of TSCA. EPA’s
regulations at 40 CFR part 745, subpart
Q provide the detailed requirements a
state program must meet in order to
obtain EPA approval.
A state may choose to certify that its
own RRP program meets the
requirements for EPA approval, by
submitting a letter signed by the
Governor or Attorney General stating
that the program is at least as protective
of human health and the environment as
the federal program and provides for
adequate enforcement. Upon
submission of such a certification letter,
the program is deemed authorized
pursuant to TSCA section 404(a) and 40
CFR 745.324(d)(2). This authorization is
withdrawn, however, if the EPA
disapproves the application or
withdraws the program authorization.
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NAICS code
238210
238310
238220
238320
531110
531311
Description
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
.........................................................................
Uncompensated Childcare Operator by
the Department of Health. Certification
as an Uncompensated Childcare
Operator has the same requirements as
a Licensed Lead-Safe RRPM Firm,
although Uncompensated Childcare
Operators cannot provide RRPM
activities for hire, and cannot provide
on-the-job training or supervise RRPM
activities.
III. State Program Description
Summary
Certification and Licensing
Requirements
Entities can be licensed by the
Vermont Department of Health as a
Lead-Safe RRPM Firm by applying on
the forms provided by the Department,
assuring that at least one employee is a
Licensed Lead-Safe RRPM Supervisor,
and identifying whether they have
previously had any lead-related
enforcement actions taken against them.
Individuals can apply to the
Department of Health for a Lead-Safe
RRPM Supervisor license after
successfully completing an 8-hour
training from a Vermont-accredited
training provider or a training provider
accredited by EPA or an EPA RRP
authorized state, provided the
individual received the Vermontspecific training module and
examination.
To be certified by the Department of
Health, an Uncompensated Childcare
Operator must successfully complete
the same training as the Licensed LeadSafe RRPM Supervisor. The difference
between the Lead-Safe RRPM
Supervisor license and the
Uncompensated Childcare Operator
certification is that the Certified
Uncompensated Childcare Operator
does not pay a fee and is issued a
certificate rather than a license.
A. Vermont Program Summary
Components of the Vermont RRPM
Program
The Vermont program is based on the
Vermont Regulations for Lead Control
(VRLC) pursuant to the authority
conferred Chapter 38 of the Vermont
Statutes Annotated. Chapter 38 was
amended in 2018 to provide the
Vermont Department of Health with the
authority to develop a program to
administer and enforce the lead-based
paint activities and renovation, repair,
painting and maintenance (RRPM)
activities. The VRLC, first promulgated
in 2000 and last amended in 2021,
provide the framework for RRPM–RRP
activities.
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Electrical Contractors and Other Wiring Installation Contractors.
Drywall and Insulation Contractors.
Plumbing, Heating, and Air-Conditioning Contractors.
Painting and Wall Covering Contractors.
Lessors of Residential Buildings and Dwellings.
Residential Property Managers.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this notice could
also be affected. 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.
Activities and Buildings Covered
The VRLC cover RRPM activities in
pre-1978 child-occupied facilities and
target housing in Vermont, except zerobedroom dwellings or dwellings
reserved for the exclusive use of elderly
or disabled, unless a child under six
years of age resides or is expected to
reside there.
Unless the area of paint disturbed is
less than 1 square foot of interior paint
per room and less than 20 square feet of
exterior paint, or 1 square foot or less of
exterior paint for rental target housing
and child-care facilities, and unless the
work does not involve window
replacement or demolition of painted
surface areas, property owners are
required to hire a licensed RRPM Firm
that uses licensed RRPM Supervisors to
conduct RRPM activities.
Childcare operators can perform
RRPM activities on their own childcare
facilities if they have completed the
RRPM Supervisor training and have
been granted certification as an
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Training Course Accreditation
Requirements
To obtain accreditation for a leadbased paint training course, including
the RRPM Supervisor course, training
providers are required to submit
detailed information to the Vermont
Department of Health, including
information about curriculum, teaching
methods, equipment, and instructors.
Vermont RRPM training requirements
include: all work practices required by
the EPA to safely handle lead-based
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paint (plus Vermont-specific elements);
a mandatory hands-on component; and
a closed-book examination, except for
online refresher training courses. The
Department will conduct an on-site
observation and evaluation of the
training course and contents, its
instructors, equipment, and facilities or
will review a representative video of the
course for evaluation to ensure the
course meets State criteria. Vermont’s
statutory authority allows for the
revocation, modification or suspension
of any permit issued by the Department,
including an accreditation.
Information Distribution Requirements
Vermont requires the Lead-Safe RRPM
Firm or Certified Uncompensated
Childcare Operator to distribute the
Renovate Right pamphlet with a
Vermont specific addendum to the
owner and occupants of the property
being renovated, repaired or painted,
and parents or guardians of children in
childcare facilities, no more than 60
days before RRPM activities are
scheduled to be conducted.
For RRPM activities affecting common
areas in target housing or in child
occupied facilities, informational signs
that describe the general nature and
locations of the RRPM activities and the
anticipated completion date may be
posted rather than provided in writing
to affected occupants or parents/
guardians. For work in common areas of
target housing if the firm notified those
affected in writing, the RRPM Firm or
Certified Uncompensated Childcare
Operator must provide a written notice
to all owners and occupants if the scope
and timeframe of the RRPM activities
change.
Work Practice Standards
RRPM work practice standards are
found at VLRC 7.3. All RRPM activities
shall be performed by a licensed leadsafe RRPM firm and supervised by a
licensed lead-safe RRPM supervisor or
by a certified uncompensated child-care
operator. Once the RRPM activities
begin, the Licensed Lead-Safe RRPM
Supervisor or Certified Uncompensated
Childcare Operator is responsible for
ensuring that the site is secured and
proper signage is posted to prevent
exposure to occupants, contamination of
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their belongings and dispersion of lead
dust into other areas. Containment
generally includes closing windows,
sealing doors and ducts, covering floors/
carpets and covering furniture left in the
room. The RRPM Firm is required to
have a Licensed Lead-Safe RRPM
Supervisor on site at all times when
RRPM work is underway. Once RRPM
activities are complete, proper disposal
of waste and a thorough cleaning of the
area is required. Following cleaning, the
Licensed Lead-Safe RRPM Supervisor or
Certified Uncompensated Childcare
operator is responsible for conducting a
visual clearance and cleaning
verification. Certain dangerous work
practices found at VLRC 5.1.2 are also
prohibited.
Record Keeping Requirements
RRPM recordkeeping requirements
are found at VLRC 7.4. All licensed
Lead-Safe RRPM firms must retain
records related to RRPM activities for a
period of six years. Examples of records
that shall be retained include: lead
inspection reports, proof of prerenovation education distribution,
documentation of compliance with
RRPM work practice activities, on-thejob training, and post renovation
cleaning verification. If requested, the
licensed RRPM firm or Uncompensated
Child Care Operator must make all
records documenting compliance
available to the Department.
The Vermont PRE and RRPM
Programs meet or exceed all EPA
program elements for protecting the
public. Areas where Vermont’s RRPM
program will exceed EPA Requirements
for protecting the public:
• The RRPM Firm is required to have
a Licensed Lead-Safe RRPM Supervisor
on site the entire time RRPM activities
are being conducted.
• Vermont’s definition of RRPregulated building spaces includes all
spaces generally accessible to residents/
users/occupants/guests including, but
not limited to, hallways, stairways,
porches, laundry and recreational
rooms, playgrounds, community
centers, boundary fences, basements,
and sheds. This is more restrictive than
the EPA definition.
• Vermont’s threshold for what
constitutes a minor RRPM activity on
the interior (1 square foot per room) is
lower than EPA’s (6 square feet per
room). Further, Vermont lowers the
exterior minor RRPM activity threshold
for childcare facilities and rental target
housing to 1 square foot, as opposed to
EPA’s 20 square feet.
• Vermont does not allow for the use
of test kits to determine lead-free status,
but rather requires a licensed lead-based
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17:43 Nov 09, 2022
Jkt 259001
paint risk assessor to determine the
presence of lead-based paint.
IV. Federal Overfiling
Section 404(b) of TSCA makes it
unlawful for any person to violate or fail
or refuse to comply with any
requirement of an approved state
program. Therefore, EPA reserves the
right to exercise its enforcement
authority under TSCA against a
violation of, or a failure or refusal to
comply with, any requirement of an
authorized state program.
V. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA,
the EPA Administrator may withdraw
authorization of a State or Indian Tribal
renovation, repair and painting
program, and/or a lead-based paint prerenovation education program, after
notice and opportunity for corrective
action, if the program is not being
administered or enforced in compliance
with standards, regulations, and other
requirements established under the
authorization. The procedures U.S. EPA
will follow for the withdrawal of an
authorization are found at 40 CFR
745.324(i).
David Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2022–24541 Filed 11–9–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2022–0843; FRL–10363–
01–OCSPP]
Science Advisory Committee on
Chemicals (SACC); Request for
Nominations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) invites the public to
nominate scientific experts from a
diverse range of disciplines to be
considered for appointment to the
Science Advisory Committee on
Chemicals (SACC), established pursuant
to the Toxic Substances Control Act
(TSCA). EPA anticipates appointing
new SACC members by mid-2023 due to
expiring membership terms. Sources in
addition to this Federal Register notice
may be utilized to solicit nominations
and identify candidates. Any interested
person or organization may nominate
qualified individuals to be considered
prospective candidates to the committee
by following the instructions provided
SUMMARY:
PO 00000
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in this document. Individuals may also
self-nominate.
DATES: Nominations must be received
on or before December 12, 2022.
ADDRESSES: Submit your nominations,
identified by the docket identification
(ID) number EPA–HQ–OPPT–2022–
0843, through the Federal e-Rulemaking
Portal at https://www.regulations.gov.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. More information
about the dockets is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Tamue L. Gibson, MS, Designated
Federal Officer (DFO) and Acting
Executive Secretary, telephone number:
(202) 564–7642; email address:
gibson.tamue@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. This action may, however, be
of interest to those involved in the
manufacture, processing, distribution,
disposal, and/or those interested in the
assessment of risks involving chemical
substances and mixtures. Since other
entities may also be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the DFO
listed under FOR FURTHER INFORMATION
CONTACT.
B. What should I consider as I prepare
my nominations for EPA?
1. Submitting CBI.
Do not submit CBI information to EPA
through regulations.gov or email. If your
nomination contains any information
that you consider to be CBI or otherwise
protected, please contact the DFO listed
under FOR FURTHER INFORMATION
CONTACT to obtain special instructions
before submitting your nomination.
Information properly marked as CBI will
not be disclosed except in accordance
with the procedures set forth in 40 CFR
part 2.
2. Request for nominations.
As part of a broader process for
developing a pool of candidates for
membership to the SACC, the EPA Peer
Review and Ethics Branch (PREB) staff
solicits the public and stakeholder
communities for nominations of
prospective candidates. Any interested
person or organization may nominate
qualified individuals to be considered
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]]>Agencies
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67895-67898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24541]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R01-RCRA-2022-0802; 10223-01-R1]
Lead-Based Paint Renovation, Repair and Painting Activities in
Target Housing and Child-Occupied Facilities; State of Vermont; Notice
of Self-Certification Program Authorization
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that on October 1, 2022, the State of
Vermont was deemed authorized under section 404(a) of the Toxic
Substances Control Act (TSCA) to administer and enforce requirements
for the lead-based paint pre-renovation education and renovation,
repair and painting (RRP) program. This document also announces that
the Environmental Protection Agency (EPA) is seeking comment during a
45-day public comment period, and it is providing an opportunity to
request a public hearing within the first 15 days of this comment
period on whether Vermont's program is at least as protective as the
federal program and provides for adequate enforcement. This document
also announces that the authorization of the Vermont pre-renovation
education and renovation, repair and painting program, which was deemed
authorized by regulation and statute, will continue without further
notice unless the EPA, based on its own review and/or comments received
during the comment period, disapproves the Vermont program application.
DATES: Comments must be received on or before December 27, 2022. In
addition, a public hearing request must be submitted on or before
November 25, 2022.
[[Page 67896]]
ADDRESSES: You may submit comments, identified by Docket ID No. EPA-
R01-RCRA-2022-0802, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments received
may be posted without change to https://www.regulations.gov/, including
any personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Amanda Triebwasser, RCRA Corrective
Action and TSCA Section; Land, Chemicals, and Redevelopment Division;
U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-WI),
Boston, MA 02109-3912; telephone number: 617-918-1758; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-R01-RCRA-
2022-0802 at https://www.regulations.gov. Once submitted, comments
cannot be edited or removed from the docket. The EPA may publish any
comment received to its public docket. Do not submit to EPA's docket at
https://www.regulations.gov any information you consider to be
Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
II. General Information
A. What action is the agency taking?
The EPA is announcing that the State of Vermont was deemed
authorized under section 404(a) of TSCA, 15 United States Code (U.S.C.)
2684(a) and 40 CFR 745.324(d)(2), to administer and enforce
requirements for an RRP program in accordance with section 402(c)(3) of
TSCA, 15 U.S.C. 2682(c)(3) on October 1, 2022. The 402(c)(3) program
ensures that training providers are accredited to teach renovation
classes, that individuals performing renovation activities are properly
trained and certified as renovators, that firms are certified as
renovation firms, and that specific work practices are followed during
renovation activities. Vermont submitted an application under section
404 of TSCA requesting authorization to administer and enforce
requirements for an RRP program in accordance with section 402(c)(3) of
TSCA. Vermont's application included self-certification that the
program is at least as protective of human health and the environment
as the federal program and provides for adequate enforcement.
Therefore, pursuant to section 404(a) of TSCA and 40 CFR 745.324(d)(2),
the Vermont RRP program is deemed authorized as of the date of
submission and until such time as the agency disapproves the program
application or withdraws program authorization. Pursuant to section
404(b) of TSCA and 40 CFR 745.324(e)(2), the EPA is providing notice,
opportunity for public comment and opportunity for a public hearing on
whether the state program application and subsequent administrative
rule changes are at least as protective as the federal program and
provide for adequate enforcement. If a hearing is requested and
granted, the EPA will issue a Federal Register notice announcing the
date, time, and place of the hearing.
B. What is EPA's authority in taking this action?
On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That act
amended TSCA (15 U.S.C. 2601-2695d) by adding Title IV (15 U.S.C. 2681-
2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008, the EPA
promulgated the final TSCA section 402(c)(3) regulations governing
renovation activities (73 FR 21692). These regulations require that in
order to do renovation activities for compensation, renovators must
first be properly trained and certified, must be associated with a
certified renovation firm, and must follow specific work practice
standards, including recordkeeping requirements. The EPA believes that
regulation of renovation activities will help to reduce the exposures
that cause serious lead poisonings, especially in children under age 6
who are particularly susceptible to the hazards of lead.
Under section 404 of TSCA, a state may seek authorization from the
EPA to administer and enforce its own RRP program in lieu of the
federal program. The regulation governing the authorization of a state
program under section 402 of TSCA are codified at 40 CFR part 745,
subpart Q. States that choose to apply for program authorization must
submit a complete application to the appropriate regional EPA office
for review. Those applications will be reviewed by the EPA within 180
days of receipt of the complete application. To receive EPA approval, a
state must demonstrate that its program is at least as protective of
human health and the environment as the federal program, and provides
for adequate enforcement, as required by section 404(b) of TSCA. EPA's
regulations at 40 CFR part 745, subpart Q provide the detailed
requirements a state program must meet in order to obtain EPA approval.
A state may choose to certify that its own RRP program meets the
requirements for EPA approval, by submitting a letter signed by the
Governor or Attorney General stating that the program is at least as
protective of human health and the environment as the federal program
and provides for adequate enforcement. Upon submission of such a
certification letter, the program is deemed authorized pursuant to TSCA
section 404(a) and 40 CFR 745.324(d)(2). This authorization is
withdrawn, however, if the EPA disapproves the application or withdraws
the program authorization.
C. Does this action apply to me?
This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing and
child-occupied facilities in the State of Vermont. Individuals and
firms falling under the North American Industrial Classification System
(NAICS) codes in the table below may be affected by these rules.
------------------------------------------------------------------------
NAICS code Description
------------------------------------------------------------------------
236118............................... Residential Remodelers.
[[Page 67897]]
238210............................... Electrical Contractors and Other
Wiring Installation Contractors.
238310............................... Drywall and Insulation
Contractors.
238220............................... Plumbing, Heating, and Air-
Conditioning Contractors.
238320............................... Painting and Wall Covering
Contractors.
531110............................... Lessors of Residential Buildings
and Dwellings.
531311............................... Residential Property Managers.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this notice could also be
affected. 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.
III. State Program Description Summary
A. Vermont Program Summary
Components of the Vermont RRPM Program
The Vermont program is based on the Vermont Regulations for Lead
Control (VRLC) pursuant to the authority conferred Chapter 38 of the
Vermont Statutes Annotated. Chapter 38 was amended in 2018 to provide
the Vermont Department of Health with the authority to develop a
program to administer and enforce the lead-based paint activities and
renovation, repair, painting and maintenance (RRPM) activities. The
VRLC, first promulgated in 2000 and last amended in 2021, provide the
framework for RRPM-RRP activities.
Activities and Buildings Covered
The VRLC cover RRPM activities in pre-1978 child-occupied
facilities and target housing in Vermont, except zero-bedroom dwellings
or dwellings reserved for the exclusive use of elderly or disabled,
unless a child under six years of age resides or is expected to reside
there.
Unless the area of paint disturbed is less than 1 square foot of
interior paint per room and less than 20 square feet of exterior paint,
or 1 square foot or less of exterior paint for rental target housing
and child-care facilities, and unless the work does not involve window
replacement or demolition of painted surface areas, property owners are
required to hire a licensed RRPM Firm that uses licensed RRPM
Supervisors to conduct RRPM activities.
Childcare operators can perform RRPM activities on their own
childcare facilities if they have completed the RRPM Supervisor
training and have been granted certification as an Uncompensated
Childcare Operator by the Department of Health. Certification as an
Uncompensated Childcare Operator has the same requirements as a
Licensed Lead-Safe RRPM Firm, although Uncompensated Childcare
Operators cannot provide RRPM activities for hire, and cannot provide
on-the-job training or supervise RRPM activities.
Certification and Licensing Requirements
Entities can be licensed by the Vermont Department of Health as a
Lead-Safe RRPM Firm by applying on the forms provided by the
Department, assuring that at least one employee is a Licensed Lead-Safe
RRPM Supervisor, and identifying whether they have previously had any
lead-related enforcement actions taken against them.
Individuals can apply to the Department of Health for a Lead-Safe
RRPM Supervisor license after successfully completing an 8-hour
training from a Vermont-accredited training provider or a training
provider accredited by EPA or an EPA RRP authorized state, provided the
individual received the Vermont-specific training module and
examination.
To be certified by the Department of Health, an Uncompensated
Childcare Operator must successfully complete the same training as the
Licensed Lead-Safe RRPM Supervisor. The difference between the Lead-
Safe RRPM Supervisor license and the Uncompensated Childcare Operator
certification is that the Certified Uncompensated Childcare Operator
does not pay a fee and is issued a certificate rather than a license.
Training Course Accreditation Requirements
To obtain accreditation for a lead-based paint training course,
including the RRPM Supervisor course, training providers are required
to submit detailed information to the Vermont Department of Health,
including information about curriculum, teaching methods, equipment,
and instructors. Vermont RRPM training requirements include: all work
practices required by the EPA to safely handle lead-based paint (plus
Vermont-specific elements); a mandatory hands-on component; and a
closed-book examination, except for online refresher training courses.
The Department will conduct an on-site observation and evaluation of
the training course and contents, its instructors, equipment, and
facilities or will review a representative video of the course for
evaluation to ensure the course meets State criteria. Vermont's
statutory authority allows for the revocation, modification or
suspension of any permit issued by the Department, including an
accreditation.
Information Distribution Requirements
Vermont requires the Lead-Safe RRPM Firm or Certified Uncompensated
Childcare Operator to distribute the Renovate Right pamphlet with a
Vermont specific addendum to the owner and occupants of the property
being renovated, repaired or painted, and parents or guardians of
children in childcare facilities, no more than 60 days before RRPM
activities are scheduled to be conducted.
For RRPM activities affecting common areas in target housing or in
child occupied facilities, informational signs that describe the
general nature and locations of the RRPM activities and the anticipated
completion date may be posted rather than provided in writing to
affected occupants or parents/guardians. For work in common areas of
target housing if the firm notified those affected in writing, the RRPM
Firm or Certified Uncompensated Childcare Operator must provide a
written notice to all owners and occupants if the scope and timeframe
of the RRPM activities change.
Work Practice Standards
RRPM work practice standards are found at VLRC 7.3. All RRPM
activities shall be performed by a licensed lead-safe RRPM firm and
supervised by a licensed lead-safe RRPM supervisor or by a certified
uncompensated child-care operator. Once the RRPM activities begin, the
Licensed Lead-Safe RRPM Supervisor or Certified Uncompensated Childcare
Operator is responsible for ensuring that the site is secured and
proper signage is posted to prevent exposure to occupants,
contamination of
[[Page 67898]]
their belongings and dispersion of lead dust into other areas.
Containment generally includes closing windows, sealing doors and
ducts, covering floors/carpets and covering furniture left in the room.
The RRPM Firm is required to have a Licensed Lead-Safe RRPM Supervisor
on site at all times when RRPM work is underway. Once RRPM activities
are complete, proper disposal of waste and a thorough cleaning of the
area is required. Following cleaning, the Licensed Lead-Safe RRPM
Supervisor or Certified Uncompensated Childcare operator is responsible
for conducting a visual clearance and cleaning verification. Certain
dangerous work practices found at VLRC 5.1.2 are also prohibited.
Record Keeping Requirements
RRPM recordkeeping requirements are found at VLRC 7.4. All licensed
Lead-Safe RRPM firms must retain records related to RRPM activities for
a period of six years. Examples of records that shall be retained
include: lead inspection reports, proof of pre-renovation education
distribution, documentation of compliance with RRPM work practice
activities, on-the-job training, and post renovation cleaning
verification. If requested, the licensed RRPM firm or Uncompensated
Child Care Operator must make all records documenting compliance
available to the Department.
The Vermont PRE and RRPM Programs meet or exceed all EPA program
elements for protecting the public. Areas where Vermont's RRPM program
will exceed EPA Requirements for protecting the public:
The RRPM Firm is required to have a Licensed Lead-Safe
RRPM Supervisor on site the entire time RRPM activities are being
conducted.
Vermont's definition of RRP-regulated building spaces
includes all spaces generally accessible to residents/users/occupants/
guests including, but not limited to, hallways, stairways, porches,
laundry and recreational rooms, playgrounds, community centers,
boundary fences, basements, and sheds. This is more restrictive than
the EPA definition.
Vermont's threshold for what constitutes a minor RRPM
activity on the interior (1 square foot per room) is lower than EPA's
(6 square feet per room). Further, Vermont lowers the exterior minor
RRPM activity threshold for childcare facilities and rental target
housing to 1 square foot, as opposed to EPA's 20 square feet.
Vermont does not allow for the use of test kits to
determine lead-free status, but rather requires a licensed lead-based
paint risk assessor to determine the presence of lead-based paint.
IV. Federal Overfiling
Section 404(b) of TSCA makes it unlawful for any person to violate
or fail or refuse to comply with any requirement of an approved state
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized state program.
V. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian Tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).
David Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2022-24541 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P
