[
Federal
Register:
March
9,
1994]

BILLING
CODE
3510­
22­
C
_______________________________________________________________________

Part
II
Environmental
Protection
Agency
_______________________________________________________________________

40
CFR
Part
745
Lead;
Requirements
for
Hazard
Education
Before
*
Renovation*
of
Target
Housing;
Proposed
Rule
Lead
Hazard
Information
Pamphlet;
Notice
of
Availability;
Notice
=======================================================================
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
745
[
OPPTS­
62131;
FRL­
4637­
5]
RIN
2070­
AC65
Lead;
Requirements
for
Hazard
Education
Before
*
Renovation*
of
Target
Housing
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
As
mandated
by
Title
IV
of
the
Toxic
Substances
Control
Act,
EPA
proposes
requirements
to
ensure
that
owners
and
occupants
of
target
housing
fully
understand
the
potential
hazards
of
lead­
based
paint
exposure
before
certain
renovations
are
begun
on
that
housing.
Specifically,
before
renovating
target
housing
for
compensation,
renovators
would
be
required
to
provide
an
EPA
lead
hazard
information
pamphlet
to
the
owners
and
occupants
of
the
housing.
In
addition
to
providing
general
information
on
the
health
hazards
associated
with
lead,
this
information
pamphlet
would
advise
owners
and
occupants
to
take
appropriate
precautions
to
avoid
exposures
to
lead­
contaminated
dust
and
lead­
based
paint
debris
that
is
sometimes
generated
during
renovations.

DATES:
Written
comments
in
response
to
this
proposed
rule
must
be
received
on
or
before
May
9,
1994.
If
persons
request
an
opportunity
for
oral
comment,
EPA
will
consider
holding
an
informal
hearing
in
Washington,
DC.
The
exact
date,
time,
and
location
of
such
a
hearing,
if
held,
will
be
announced
in
the
Federal
Register.
Requests
for
oral
comment
must
be
received
by
April
8,
1994.
EPA
will
decide
whether
to
hold
such
a
hearing
by
April
28,
1994.

ADDRESSES:
Submit
three
copies
of
all
written
comments
to:
TSCA
Document
Receipts
(
7407),
Rm.
NE­
G99,
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460.
All
comments
on
this
proposed
rule
should
be
identified
by
the
docket
number
OPPTS­
62131.
For
further
information
regarding
the
submission
of
comments
containing
confidential
business
information,
see
Unit
X
of
this
preamble.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact:
Susan
B.
Hazen,
Director,
Environmental
Assistance
Division
(
7408),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460,
Telephone:
202­
554­
1404,
TDD:
202­
554­
0551.
For
technical
information
contact:
Charles
Franklin,
Chemical
Management
Division
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460,
Telephone:
202­
260­
1781,
Fax
number:
202­
260­
0770.
SUPPLEMENTARY
INFORMATION:

I.
Statutory
Authority
This
proposed
rule
is
issued
under
the
authority
of
section
406(
b)
of
the
Toxic
Substances
Control
Act
(
TSCA),
15
U.
S.
C.
2686(
b).
TSCA
was
amended
in
1992
to
add
Title
IV,
entitled
Lead
Exposure
Reduction,
by
section
1021
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
Pub.
L.
102­
550.

II.
Background
A.
Legal
Background
In
1992,
Congress,
recognizing
the
need
to
control
the
hazards
of
exposure
to
lead­
based
paint,
passed
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
Pub.
L.
102­
550
(``
the
Act'').
Congress
recognized
that
lead­
poisoning
is
a
particular
threat
to
children
under
age
6,
and
emphasized
the
needs
of
this
vulnerable
population
within
the
Act.
The
stated
purposes
of
the
Act
are:
(
1)
To
develop
a
strategy
to
build
the
infrastructure
necessary
to
eliminate
lead­
based
paint
hazards
in
all
housing
as
expeditiously
as
possible;
(
2)
to
reorient
the
national
approach
to
the
presence
of
lead­
based
paint
in
housing
to
implement,
on
a
priority
basis,
a
broad
program
to
evaluate
and
reduce
lead­
based
paint
hazards
in
the
Nation's
housing
stock;
(
3)
to
encourage
effective
action
to
prevent
childhood
lead­
poisoning
by
establishing
a
workable
framework
for
lead­
based
paint
hazard
evaluation
and
reduction
and
by
ending
the
current
confusion
over
reasonable
standards
of
care;
(
4)
to
ensure
that
the
existence
of
leadbased
paint
hazards
is
taken
into
account
in
the
development
of
Government
housing
policies
and
in
the
sale,
rental,
and
*
renovation*
of
homes
and
apartments;
(
5)
to
mobilize
national
resources
expeditiously,
through
a
partnership
among
all
levels
of
government
and
the
private
sector,
to
develop
the
most
promising,
cost­
effective
methods
for
evaluating
and
reducing
lead­
based
paint
hazards;
(
6)
to
reduce
the
threat
of
childhood
lead­
poisoning
in
housing
owned,
assisted,
or
transferred
by
the
Federal
Government;
and
(
7)
to
educate
the
public
concerning
the
hazards
and
sources
of
lead­
based
paint
poisoning
and
steps
to
reduce
and
eliminate
such
hazards
(
section
1003
of
the
Act).
Actions
under
some
sections
of
the
Act
are
to
be
developed
and
administered
by
the
Department
of
Housing
and
Urban
Development
(
HUD),
some
by
EPA,
and
some
jointly
accomplished
by
both
agencies.
Several
of
the
sections
call
for
EPA
consultation
with
other
Federal
agencies.
Section
1021
of
the
Act
amends
TSCA
(
15
U.
S.
C.
2601,
et
seq.)
by
adding
Title
IV,
entitled
``
Lead
Exposure
Reduction.''
Today's
proposed
rule
is
issued
under
the
authority
of
section
406(
b)
of
TSCA's
Title
IV.
Section
406(
b)
directs
EPA
to
issue
requirements
for
the
provision
of
a
lead
hazard
pamphlet
(
developed
under
section
406(
a))
to
owners
and
occupants
of
target
housing
before
persons
performing
*
renovation*
work
for
compensation
begin
such
activities.
Below
is
a
more
detailed
discussion
of
several
related
provisions
of
the
Act
which
provides
context
for
many
of
the
decisions
made
during
the
development
of
this
proposed
rule.
Section
406(
a)
of
TSCA
requires
EPA
to
publish,
after
consultation
with
HUD
and
the
Department
of
Health
and
Human
Services
(
HHS),
and
after
notice
and
an
opportunity
for
public
comment,
a
pamphlet
on
lead
and
the
hazards
of
exposure
to
lead­
based
paint
in
the
home.
The
availability
of
this
pamphlet
for
public
comment
is
published
elsewhere
in
this
issue
of
the
Federal
Register.
Following
the
60­
day
comment
period,
EPA
will
incorporate
comments
as
appropriate
and
announce
the
availability
of
the
revised
final
version
of
the
pamphlet
in
the
Federal
Register.
In
addition
to
outlining
health
effects
and
symptoms
of
lead
exposure,
section
406(
a)
requires
that
this
pamphlet
contain
information
on
the
potential
hazards
of
renovating
dwellings
containing
lead­
based
paint;
recommend
the
performance
of
an
inspection
or
risk
assessment
for
lead­
based
paint
before
beginning
renovations
in
target
housing;
suggest
precautionary
measures
for
protecting
occupants
during
renovations
in
homes
containing
lead­
based
paint;
and
identify
Federal,
State,
and
local
sources
of
information
on
lead
and
lead­
based
paint.
Section
402(
c)(
1)
of
TSCA
directs
EPA
to
issue
guidelines
for
the
conduct
of
*
renovation*
and
remodeling
activities
which
may
create
a
risk
of
exposure
to
dangerous
levels
of
lead
when
performed
in
target
housing,
public
buildings
constructed
before
1978,
and
commercial
buildings.
Section
401
of
TSCA
provides
a
general
definition
of
a
lead­
based
paint
hazard.
Congress
directed
EPA
under
section
403
to
issue
regulations
defining
this
term
more
specifically.
Section
404
of
TSCA
directs
EPA
to
develop
an
application
process
for
those
States
or
Tribes
which
seek
to
administer
and
enforce
the
standards,
regulations,
and
requirements
established
under
sections
402
and/
or
406.
Section
404
also
directs
EPA
to
develop
and
issue
a
Model
State
Program
for
use
by
States/
Tribes
pursuing
authorization
under
these
provisions.
The
authorization
process
for
States
and
Tribes
will
be
proposed
by
EPA
in
a
separate
rulemaking
in
the
Federal
Register,
including
specific
definitions
for
the
terms
``
State''
and
``
Tribe.''
This
proposed
rule
does,
however,
include
information
on
the
model
State/
Tribal
program
for
the
provisions
required
under
section
406.
Two
sections
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
also
require
the
dissemination
of
EPA's
lead
hazard
pamphlet
that
is
being
developed
pursuant
to
section
406(
a)
of
TSCA.
First,
section
1018
requires
EPA
and
HUD
to
promulgate
joint
regulations
for
disclosure
of
lead­
based
paint
hazards
in
target
housing
which
is
offered
for
sale
or
lease.
The
section
1018
regulations
include
the
requirement
that
the
lead
hazard
pamphlet
be
given
to
prospective
purchasers
or
lessees.
Section
1018
requirements
will
be
proposed
by
EPA
and
HUD
in
a
joint
rulemaking
in
a
future
issue
of
the
Federal
Register.
Second,
section
1012
amends
section
302
of
the
Lead­
Based
Paint
Poisoning
Prevention
Act
(
42
U.
S.
C
4822)
to
require
the
provision
of
EPA's
lead
hazard
information
pamphlet
to
purchasers
and
tenants
of
Federally­
assisted
housing
by
the
Secretary
of
HUD.
The
section
1021
requirements
are
being
developed
by
HUD
as
a
separate
initiative.

B.
Lead
Background
1.
Lead
and
lead­
based
paint.
Lead
is
a
soft,
bluish
metallic
element
mined
from
rock
and
found
in
its
natural
state
all
over
the
world.
Lead
is
virtually
indestructible,
is
nonbiodegradable,
and
has
been
known
since
antiquity
for
its
adaptability
in
making
various
useful
items.
In
modern
times
it
has
been
used
to
manufacture
many
different
products,
including
paint,
batteries,
pipes,
solder,
pottery,
and
gasoline.
From
the
turn
of
the
century
through
the
1940'
s,
paint
manufacturers
frequently
used
lead
as
a
primary
ingredient
in
many
oilbased
interior
and
exterior
house
paints.
Usage
gradually
decreased
through
the
1950'
s
and
60'
s
as
latex
paints
(
which
are
generally
leadfree
became
more
widespread.
Although
the
Consumer
Product
Safety
Commission
(
CPSC)
banned
lead­
based
paints
from
residential
use
in
1978
(
paint
currently
may
not
have
greater
than
.06
percent
lead
by
weight),
HUD
estimates
that
75
percent
of
the
houses
built
in
the
United
States
before
1978
contain
some
lead­
based
paint
(
Ref.
3).
By
current
estimations,
approximately
57
million
homes
may
contain
lead­
based
paint
(
Ref.
3).
This
lead­
based
paint
may
pose
a
potential
hazard
to
the
occupants
under
some
conditions.
2.
Lead
hazards.
Lead
affects
virtually
every
system
of
the
body.
While
it
is
harmful
to
individuals
of
all
ages,
lead
exposure
is
especially
harmful
to
children,
fetuses,
and
women
of
childbearing
age.
Results
of
recent
studies
suggest
that
lead's
adverse
effects
occur
at
blood­
lead
levels
previously
thought
to
be
safe;
in
fact,
there
does
not
yet
appear
to
be
a
discernable
threshold
for
the
adverse
effects
of
lead
on
the
young.
Lead
poisoning
has
been
called
``
the
silent
disease''
because
its
effects
often
occur
gradually
and
imperceptibly,
showing
no
obvious
symptoms.
Over
time,
low
levels
of
lead
in
the
bloodstream
can
cause
learning
disabilities,
interfere
with
growth,
cause
permanent
hearing
and
visual
impairment,
and
cause
other
damage
to
the
brain
and
nervous
system.
In
large
doses,
lead
can
cause
blindness,
brain
damage,
convulsions,
and
even
death.
Lead
exposure
before
or
during
pregnancy
can
also
affect
fetal
development
and
cause
miscarriages.
In
1991,
the
Secretary
of
HHS
characterized
lead
poisoning
as
the
``
number
one
environmental
threat
to
the
health
of
children
in
the
United
States''(
Ref.
1).
Although
the
percentage
of
children
with
elevated
blood­
lead
levels
has
declined
over
the
last
20
years
with
the
reduction
of
lead
in
gasoline,
millions
of
U.
S.
children
still
have
levels
of
lead
in
their
blood
high
enough
to
seriously
threaten
their
health
(
Ref.
1).
Lead­
based
paint
poses
a
health
threat
through
various
routes
of
exposure.
Children
under
age
6
may
ingest
lead­
based
paint
chips
from
flaking
walls,
window
wells,
and
doors.
Lead
from
exterior
house
paint
can
flake
off
or
leach
into
the
soil
around
the
outside
of
a
home,
contaminating
children's
playing
areas.
Dust
caused
during
normal
leadbased
paint
wear
(
especially
around
windows
and
doors)
can
create
an
invisible
film
over
surfaces
in
a
house.
In
some
cases,
cleaning
and
*
renovation*
activities
can
actually
increase
the
threat
of
lead­
based
paint
exposure
by
dispersing
fine
lead
dust
particles
in
the
air
and
over
accessible
household
surfaces.
Both
adults
and
children
can
receive
hazardous
exposures
by
inhaling
the
fine
dust
or
by
ingesting
paint­
dust
during
hand­
to­
mouth
activities.

III.
Definitions
To
implement
the
section
406
requirements,
a
number
of
terms
need
to
be
defined.
This
section
will
provide
the
proposed
regulatory
definition
first
in
quoted
text
followed
by
an
explanation
of
the
definition's
source.
Where
possible,
EPA
has
drawn
definitions
directly
from
Title
IV
of
TSCA.
In
cases
where
the
statute
either
failed
to
define
terms
necessary
for
the
rule
or
did
not
provide
a
complete
enough
definition,
EPA
is
proposing
appropriate
definitions,
along
with
an
explanation
of
their
sources
and
discussion
of
relevant
issues.
EPA
is
accepting
comment
on
all
definitions
not
taken
directly
from
the
statute.
Unless
otherwise
indicated,
all
definitions
will
be
located
in
Subpart
A
at
40
CFR
745.3
(
Definitions).
Definitions
not
included
in
Subpart
A
would
be
applicable
only
to
the
specific
subpart
in
which
they
appear,
in
this
case,
Subpart
F.

a.
Act
means
the
Toxic
Substances
Control
Act
(
TSCA),
15
U.
S.
C.
260
et
seq.

b.
Administrator
means
the
Administrator
of
the
Environmental
Protection
Agency.

c.
Common
area
means
a
portion
of
a
building
generally
accessible
to
all
residents/
users
including,
but
not
limited
to,
hallways,
stairways,
laundry
and
recreational
rooms,
playgrounds,
community
centers,
and
boundary
fences.

EPA
developed
this
definition
by
modifying
a
definition
provided
in
HUD's
September
1990,
version
of
Lead­
Based
Paint:
Interim
Guidelines
for
Hazard
Identification
and
Abatement
in
Public
and
Indian
Housing.
While
EPA
is
proposing
this
definition
for
use
under
the
section
406
regulatory
requirements,
which
only
addresses
target
housing,
this
definition
would
potentially
be
applicable
to
other
rulemakings
required
pursuant
to
TSCA
Title
IV
and
the
Residential
Lead
Based
Paint
Hazard
Reduction
Act
(
Pub.
L.
102­
550).
The
modifications
to
HUD's
definition
were
necessary
to
broaden
the
scope
of
``
common
area''
to
meet
the
requirements
of
other
rulemakings
which
may
refer
to
many
types
of
buildings.

d.
Dwelling
unit
means
a
single,
unified
combination
of
rooms
designed
for
use
as
a
dwelling
by
one
family.

EPA
is
proposing
to
use
the
same
definition
promulgated
by
HUD
in
a
final
rule
published
in
the
Federal
Register
of
August
17,
1993
(
58
FR
43522).

e.
EPA
means
the
Environmental
Protection
Agency.

f.
Lead­
based
paint
means
paint
or
other
surface
coatings
that
contain
lead
in
excess
of
1.0
milligrams
per
centimeter
squared
or
0.5
percent
by
weight
or
(
A)
in
the
case
of
paint
or
other
surface
coatings
on
target
housing,
such
lower
level
as
may
be
established
by
the
Secretary
of
Housing
and
Urban
Development
as
defined
under
section
302(
c)
of
the
Lead­
Based
Paint
Poisoning
Prevention
Act,
or
(
B)
in
the
case
of
any
other
paint
or
surface
coatings,
such
other
level
as
may
be
established
by
the
Administrator.
This
definition
appears
in
section
401(
9)
of
TSCA.

g.
Lead­
based
paint
hazard
means
any
condition
that
causes
exposure
to
lead
from
lead­
contaminated
dust,
lead­
contaminated
soil,
lead
contaminated
paint
that
is
deteriorated
or
present
in
accessible
surfaces,
friction
surfaces,
or
impact
surfaces
that
would
result
in
adverse
human
health
effects
in
pregnant
women
or
young
children.
This
definition
appears
in
section
401(
10)
of
TSCA.

h.
Multi­
family
housing
means
a
housing
property
consisting
of
more
than
four
dwelling
units.

EPA
has
drawn
this
definition
from
section
544
of
Title
V
of
the
Community
Housing
and
Development
Act
of
1992
(
Pub.
L.
102­
550).
The
provisions
of
Title
V
are
directed
at
HUD
and
do
not
specifically
address
EPA
mandates.
However,
as
EPA
and
HUD
will
both
be
involved
in
developing
regulations
involving
lead­
based
paint
in
housing
(
including
multi­
family
housing),
EPA
believes
that
its
definition
should
be
consistent
with
both
current
and
future
Federal
lead­
based
paint
regulations.
i.
Owner
means
any
individual,
partnership,
corporation,
or
trusteeship
that
has
legal
right
of
possession
of
residential
property,
or
any
person
legally
authorized
to
represent
that
individual,
partnership,
corporation,
or
trusteeship.

EPA
intends
to
use
this
definition
to
clarify
that
the
owner
of
the
housing
should
be
considered
the
individual
possessing
and
managing
a
property,
rather
than
a
bank
or
other
loan­
related
organization.
EPA
invites
comment
on
this
definition.

j.
Person
means
any
natural
person,
firm,
company,
corporation,
joint
venture,
partnership,
sole
proprietorship,
association,
or
any
other
business
entity,
any
State
or
political
subdivision
thereof,
any
municipality,
any
interstate
body,
any
Indian
tribe,
and
any
department,
agency,
or
instrumentality
of
the
Federal
government.

EPA
is
proposing
to
use
the
same
definition
of
person
as
used
by
EPA's
Asbestos
program
in
40
CFR
763.63(
1),
(
with
the
additional
reference
to
Indian
tribe)
to
clarify
that
these
many
types
of
entities
are
also
regulated
parties.

k.
Residential
dwelling
means
(
a)
a
single­
family
dwelling,
including
attached
structures
such
as
porches
and
stoops,
or
(
b)
a
single­
family
dwelling
unit
in
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
and
in
which
each
such
unit
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.

This
definition
appears
in
section
401(
14)
of
TSCA.

l.
State
has
the
same
meaning
as
in
section
3
of
the
Toxic
Substances
Control
Act.

m.
Target
housing
means
any
housing
constructed
prior
to
1978,
except
0­
bedroom
dwellings,
or
housing
for
the
elderly
or
persons
with
disabilities
(
unless
any
child
who
is
less
than
6
years
of
age
resides
or
is
expected
to
reside
in
the
dwelling).
In
the
case
of
jurisdictions
which
banned
the
sale
or
use
of
lead­
based
paint
prior
to
1978,
the
Secretary
of
Housing
and
Urban
Development,
at
the
Secretary's
discretion,
may
designate
an
earlier
date.

This
definition
is
provided
in
section
401(
17)
of
TSCA.
The
Act
excludes
housing
constructed
after
1978
since
lead­
based
paint
was
banned
by
CPSC
from
all
residential
use
after
that
date.
EPA
interprets
the
term
``
0­
bedroom
dwelling''
to
mean
any
dwelling
in
which
the
living
area
is
unseparated
from
the
sleeping
area.
Under
this
definition,
efficiencies
and
studio
apartments,
loft
space,
and
single­
room
dormitory
units
would
be
exempt
from
the
requirements
of
this
proposed
rule
unless
children
under
6
years
of
age
reside
or
may
reside
in
the
unit.
As
directed
in
the
statute,
the
exclusions
for
0­
bedroom
dwelling,
elderly
housing,
and
handicapped
housing
do
not
apply
to
any
housing
in
which
children
under
6
years
old
reside
or
are
expected
to
reside.
EPA
also
considered
whether
Congress
intended
to
include
hotels,
motels,
inns,
and
other
commercial
lodging
facilities
in
the
term
``
housing.''
Although
not
specifically
stated,
EPA
believes
it
is
reasonable
to
interpret
that
Congress'
intent
was
to
distinguish
residential
housing
from
commercial
lodging
facilities.
Specifically,
the
definition
of
target
housing
intends
to
capture
housing
designed
for
long­
term
or
continuous
residence
(
e.
g.,
apartments,
condominiums,
and
houses),
as
opposed
to
lodging
facilities
offering
temporary
accommodations
(
e.
g.,
hotels
and
motels).
Given
the
high
frequency
and
short
duration
of
transactions,
EPA
believes
it
is
impractical
to
apply
the
requirements
of
this
subpart
to
rental
transactions
in
motels,
hotels,
and
other
commercial
lodging
facilities.
In
cases
where
families
with
children
under
6
years
of
age
might
rent
or
purchase
such
units
as
long­
term
residences,
however,
EPA
believes
it
is
consistent
with
the
statute
for
those
establishments
to
be
considered
target
housing
under
this
subpart's
requirements.
EPA
requests
comment
on
this
definition
as
it
relates
to
the
requirements
under
section
406
of
TSCA.

n.
TSCA
means
the
Toxic
Substances
Control
Act
(
15
U.
S.
C.
et
seq.)

This
definition
appears
in
section
401(
9)
of
TSCA.

o.
*
Renovation*
means
the
modifying
of
any
existing
structure,
or
portion
thereof,
where
exposure
to
the
hazards
of
lead­
based
paint
may
result,
unless
the
activity
is
performed
as
part
of
a
lead
abatement
program
by
a
certified
contractor,
or
unless
otherwise
regulated
by
EPA
in
Subpart
G.

Section
406(
b)
of
TSCA
directs
EPA
to
issue
regulations
governing
any
person
who
performs
for
compensation,
a
*
renovation*
of
target
housing.
Because
the
statute
fails
to
define
``*
renovation*,''
EPA
has
sought
to
develop
a
definition
that
is
both
consistent
with
existing
regulations
and
effective
in
addressing
the
exposure
prevention
goals
of
the
statute.
EPA
is
primarily
concerned
with
activities
that
may
disturb
existing
lead­
based
paint,
and
which
may
pose
a
potential
hazard
to
owners
and
occupants
of
the
housing.
Although
such
a
distinction
is
not
explicitly
stated
in
the
language
of
section
406(
b),
EPA
believes
that
such
a
distinction
is
consistent
with
the
hazard
reduction
goal
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
and
Title
IV
of
TSCA.
EPA
is
considering
a
number
of
approaches
to
defining
the
term,
and
requests
comment
on
each
approach
in
terms
of
which
could
be
most
effectively
used
(
individually
or
in
combination)
to
define
``*
renovation*''
for
this
rulemaking.
The
approaches
being
considered
include:
1.
Definition
modeled
after
EPA's
Asbestos
Program.
EPA's
preferred
option,
as
proposed
in
the
regulatory
text,
is
to
use
a
general
definition
drawn
from
language
used
by
EPA's
Asbestos
program.
In
40
CFR
763.121(
b),
EPA
regulations
define
*
renovation*
as
``
Modifying
of
any
existing
structure,
or
portion
thereof,
where
exposure
to
airborne
asbestos
may
result.''
By
replacing
references
to
asbestos
with
leadbased
paint,
EPA's
proposed
definition
provides
a
flexible
framework
for
identifying
which
activities
would
be
regulated
pursuant
to
the
section
406(
b)
requirements.
Despite
the
clear
statutory
distinction
between
``*
renovation*
activities''
and
``
lead­
based
paint
activities'',
EPA
recognizes
that
many
of
the
activities
identified
in
the
*
renovation*
definition
may
also
be
performed
as
part
of
lead­
based
paint
abatement
programs.
In
cases
where
the
activities
being
performed
meet
the
definition
of
a
leadbased
paint
abatement
or
lead­
based
paint
activity,
EPA
intends
for
the
activities
to
be
regulated
under
the
more
comprehensive
section
402(
a)
standards
and
requirements,
and
has
therefore
included
an
exemption
for
any
activity
separately
regulated
under
the
more
stringent
regulations
to
be
issued
in
Subpart
G.
The
regulations
governing
performance
of
lead­
based
paint
activities
will
be
proposed
in
a
separate
notice
in
the
Federal
Register
in
the
future.
At
that
time,
EPA
will
propose
specific
definitions
for
lead­
based
paint
activities
and
abatements,
and
will
request
further
comment.
One
drawback
of
such
a
general
definition
is
that
it
does
not
provide
an
objective
way
of
identifying
which
activities
are
of
concern.
This
lack
of
specificity
may
pose
a
problem
for
the
regulated
community
in
complying
with
the
rule
and
for
the
government
in
effectively
enforcing
it.
For
that
reason,
EPA
believes
that
this
general
definition
may
need
to
be
strengthened
by
the
incorporation
of
additional
criteria,
as
offered
below.
2.
Develop
list
of
specific
activities
of
concern.
Recognizing
the
need
for
specific
information
on
what
activities
are
defined
as
renovations,
EPA
is
considering
incorporating
a
list
of
regulated
activities
into
the
definition.
Section
402(
c)
of
TSCA
directed
EPA
to
conduct
a
study
of
the
extent
to
which
persons
engaged
in
various
types
of
*
renovation*
and
remodeling
activities
in
target
housing,
public
buildings
constructed
before
1978,
and
commercial
buildings
are
exposed
to
lead
in
the
conduct
of
such
activities.
In
mandating
this
study,
Congress
clearly
did
not
intend
for
the
results
to
be
used
as
the
basis
for
developing
the
TSCA
section
406
*
renovation*
regulations­
­
the
deadline
for
completion
of
the
study
is
a
full
12
months
after
the
deadline
for
promulgation
of
the
final
section
406
regulations.
Nevertheless,
as
the
activities
under
study
represent
EPA's
preliminary
determination
regarding
the
universe
of
activities
that
may
be
of
concern,
EPA
believes
that
they
comprise
a
logical
set
of
activities
for
consideration
as
*
renovation*
activities.
The
activities
being
studied
were
chosen
based
on
discussions
with
experts
familiar
with
the
*
renovation*
and
remodeling
industry,
and
include
the
following:
(
1)
Paint
removal
(
e.
g.,
floor
refinishing
and
stairs
refinishing).
(
2)
Surface
preparation
for
painting
(
both
interior
and
exterior).
(
3)
Removal
of
large
structures
other
than
roof
(
e.
g.,
walls,
ceiling,
large
surface
replastering,
major
replumbing,
room
additions).
(
4)
Window
replacement.
(
5)
Enclosure
of
interior
painted
surfaces
(
e.
g.,
wallpapering).
(
6)
Enclosure
of
exterior
painted
surfaces
(
e.
g.,
siding).
(
7)
Removal
of
carpet
or
other
floor
coverings
(
e.
g.,
linoleum).
(
8)
Repairs
or
additions
with
isolated
small
surface
disruption
(
e.
g.,
carpentry,
replacement
of
lead
painted
fixtures,
installation
of
light
fixtures,
electrical
repair
and
rewiring,
plumbing
repair,
insulation
addition,
furnace
cleaning,
ceramic
tile
installation,
counter
top
replacement,
door
replacement,
storm
window
installation,
and
window
repair).
(
9)
Roofing
replacement
and
repair.
(
10)
Exterior
soil
disruption
(
e.
g.,
landscaping,
deck
additions,
sewer/
water
line
replacement
or
repair,
basement
waterproofing,
garage
repair,
concrete/
brick/
masonry
work,
driveway/
walk
installation,
and
septic
tank/
cesspool
replacement).
These
activities
represent
a
range
of
activities
that
may
be
performed
during
``*
renovation*
and
remodeling.''
Although
section
406(
b)
refers
specifically
to
``
renovations''
only,
EPA
believes
that
the
commonly
used
meanings
of
the
two
terms
do
not
significantly
differ
and
that
any
of
the
listed
activities
could
be
conducted
as
part
of
a
*
renovation*
program.
Therefore,
pending
evidence
to
the
contrary,
all
of
the
activities
noted
above
could
potentially
merit
inclusion
under
EPA's
definition
of
*
renovation*.
EPA
is
requesting
comment
(
and
data,
if
available)
regarding
which
activities
should
(
or
should
not)
be
included
in
any
definition
of
*
renovation*.
Based
on
the
comments
EPA
receives,
as
well
as
any
new
or
additional
relevant
information
EPA
collects,
EPA
may
define
some
or
all
of
the
activities
listed
above
as
*
renovation*
activities
specifically
regulated
by
the
final
rule.
EPA
also
may
include
additional
activities,
if
appropriate,
in
the
final
rule's
definition
of
*
renovation*,
and
requests
comments
on
whether
some
activities
of
concern
may
be
absent
from
the
current
list.
3.
Use
the
Occupational
Safety
and
Health
Administration's
(
OSHA)
list
of
construction
tasks.
EPA
is
considering
using
the
construction
tasks
identified
by
OSHA
as
offering
some
risk
of
lead­
exposure
to
workers
to
identify
*
renovation*
activities
that
could
result
in
lead
exposure
to
housing
occupants.
These
tasks
were
identified
in
the
interim
final
rule
entitled
``
Lead
Exposure
in
Construction''
(
58
FR
26590,
May
4,
1993).
EPA
requests
comment
on
whether
such
tasks
adequately
reflect
the
activities
conducted
during
housing
renovations.
4.
Identify
specific
job
classifications.
EPA
is
considering
using
specific
job
classifications
that
involve
performing
remodeling
or
*
renovation*
activities
that
may
exacerbate
the
risk
of
lead­
based
paint
exposure
in
target
housing
as
a
basis
for
identifying
regulated
activities.
EPA
has
considered
several
ways
that
specific
worker
classifications
could
be
identified.
One
approach
would
be
to
base
the
listing
on
the
worker
classifications
included
in
EPA's
study
under
TSCA
section
402(
c).
These
classifications
are
being
studied
to
measure
the
levels
of
exposure
to
lead­
based
paint
stemming
from
the
*
renovation*
activities.
The
current
classifications
being
studied
include:
Painters;
floor
refinishing
contractors;
plaster/
drywall
contractors;
exterior
siding
contractors;
window
replacement
contractors;
electricians;
plumbers;
roofers;
linoleum/
tile
contractors;
carpet
installers;
cabinet
installers;
heating/
AC
contractors;
carpenters;
insulation
contractors;
basement
waterproofing
contractors;
bathroom
remodelers;
kitchen
remodelers;
landscaping/
excavation
contractors;
and
historic
*
renovation*
contractors.
These
classifications
were
developed
through
discussions
with
experts
and
professionals
familiar
with
the
*
renovation*
and
remodeling
industry.
In
identifying
specific
job
classifications,
EPA
is
also
considering
linking
the
above
classifications
to
Standard
Industrial
Classification
(
SIC)
Codes
for
the
business,
to
ensure
a
common
standard
of
identification.
If
EPA
could
identify
specific
SIC
codes
that
performed
renovations
involving
target
housing
and
potential
leadbased
paint
exposure,
then
such
a
classification
would
provide
a
clear
method
for
identifying
regulated
parties.
Currently,
the
Agency
does
not
prefer
this
option
because
of
concerns
that
many
workers
and
firms
may
conduct
activities
that
spill
over
into
activities
that
don't
affect
lead­
based
paint,
raising
questions
of
how
closely
SIC
codes
would
track
the
performance
of
renovations
in
housing
involving
leadbased
paint.
In
addition,
many
individuals
engaged
in
*
renovation*
activities
may
perform
many
different
tasks
covering
several
job
classifications,
further
clouding
issues
of
enforcement
and
compliance.
Regarding
the
whole
question
of
identifying
job
classifications,
EPA
requests
comment
on
what
trades
are
missing
from,
or
inappropriate
for,
the
list
above
and
whether
any
such
list
could
be
practically
applied.
5.
Identify
all
home
improvement
activities
within
a
specified
cost
range.
Another
option
being
considered
is
to
target
all
*
renovation*,
remodeling,
and
home
improvement
activities
within
a
specific
cost
range
(
for
example,
any
home
improvement
costing
over
$
250
would
be
considered
a
*
renovation*).
While
this
option
provides
a
simple
scheme
for
identifying
regulated
activities,
it
does
not
necessarily
focus
on
relevant
activities.
Because
some
inexpensive
*
renovation*
activities
may
pose
a
significant
exposure
hazard,
EPA
is
concerned
that
such
a
definition
could
result
in
the
omission
of
activities
that
are
thought
to
be
high
risk
but
low
in
cost.
6.
Identify
all
home
improvement
activities
within
a
specified
size.
EPA
is
also
considering
basing
the
definition
of
*
renovation*
on
the
size
of
a
job.
For
example,
size
could
be
measured
by
the
number
of
square
feet
of
painted
surface
disturbed,
the
number
of
different
painted
surfaces
disturbed,
or
simply
the
total
area
of
the
dwelling
undergoing
modification.
EPA's
main
concern
with
this
option
is
that
some
activities
while
localized
to
a
very
small
area,
might
release
significant
amounts
of
lead­
based
paint
or
lead­
based
paint,
and
that
such
a
criterion
might
fail
to
capture
the
activities
of
concern.
However,
as
it
could
potentially
provide
a
simple
method
for
identifying
regulated
transactions,
EPA
requests
comments
on
the
feasibility
of
such
an
approach.
p.
Renovator
means
any
person
who
performs
for
compensation
a
*
renovation*
of
target
housing
or
public
buildings.
Although
Title
IV
of
TSCA
does
not
provide
a
definition
of
renovator,
section
406(
b)
specifically
identifies
the
regulated
community
as
``
each
person
who
performs
for
compensation
a
*
renovation*
of
target
housing.''
EPA
recognizes
that
in
many
large
multi­
family
dwellings
or
public
buildings,
*
renovation*
activities
may
be
performed
by
maintenance
staff
retained
by
the
owner
of
the
building.
Because
these
individuals
would
still
be
performing
such
activities
for
compensation
(
through
salary
or
retainer),
EPA
would
consider
such
individuals
as
renovators
for
the
purpose
of
this
proposed
rule.

IV.
Regulatory
Requirements
A.
Lead
Hazard
Information
Pamphlet
Section
406(
b)
directs
the
Administrator
to
promulgate
regulations
``
to
require
each
person
who
performs
for
compensation
a
*
renovation*
of
target
housing
to
provide
a
lead
hazard
information
pamphlet
to
the
owner
and
occupant
of
such
housing
prior
to
commencing
the
*
renovation*.''
Section
745.87
of
the
regulatory
text
would
require
renovators
to
provide
owners
and
heads­
of­
households
occupying
target
housing
with
copies
of
the
pamphlet:
Lead­
Based
Paint:
Protect
Your
Family
before
beginning
renovations.
Recognizing
that
many
target
housing
units
may
be
occupied
by
families
other
than
the
dwelling
owner,
as
in
the
case
of
rental
housing,
EPA
proposes
to
require
the
renovator
to
provide
the
pamphlet
to
the
head
of
each
household
occupying
the
unit(
s)
being
renovated,
as
well
as
to
the
person
requesting
and
paying
for
the
*
renovation*
work.
This
interpretation
is
supported
by
the
language
in
section
406(
b),
which
explicitly
states
that
the
pamphlet
must
be
provided
to
the
owner
and
occupant
of
such
housing.
In
addition,
because
some
housing
may
be
managed
by
an
individual
or
firm
on
behalf
of
the
owner,
the
regulations
would
allow
such
an
agent
to
represent
the
owner
for
the
purposes
of
the
provisions
of
this
proposed
rule.
Finally,
EPA
recognizes
that
there
may
be
some
types
of
renovations
that
will
occur
in
``
emergency
situations''
requiring
action
before
all
occupants
can
be
notified
and
before
they
can
fully
comply
with
these
notification
requirements.
EPA
requests
comment
on
identifying
these
situations
and
on
what
may
be
an
appropriate
way
to
address
them
under
these
regulations.
The
final
pamphlet
will
be
available
to
the
public
and
the
regulated
community
through
the
Government
Printing
Office
(
GPO)
for
a
nominal
fee
for
both
individual
and
bulk
purchases.
EPA
is
also
encouraging
person's
to
make
their
own
reproductions
of
the
pamphlet,
and
will
make
a
limited
number
of
camera­
ready
copies
of
the
final
pamphlet
available
to
organizations
that
wish
to
print
copies
for
private
distribution.
Any
copies
reproduced
for
use
in
complying
with
this
rulemaking,
however,
must
be
copied
in
full,
and
may
not
revise
or
delete
material
from
the
pamphlet
except
to
add
or
revise
State
or
local
sources
of
information.
EPA
requests
comment
on
other
mechanisms
for
distributing
the
pamphlet
to
the
general
public
and
the
regulated
community.
As
required
by
section
406(
a)
of
TSCA,
EPA
will,
in
consultation
with
HHS
and
HUD,
revise
the
pamphlet
as
necessary
to
maintain
its
technical
accuracy.
Following
each
change,
EPA
will
issue
notice
of
the
revised
version's
availability
in
the
Federal
Register.

B.
Acknowledgement
To
help
ensure
the
timely
notification
of
owners
and
occupants
regarding
the
potential
hazards
of
*
renovation*
activities
in
target
housing,
Sec.
745.87
would
require
that
renovators
obtain
a
signed,
dated
acknowledgement
from
each
owner
and
head
of
household
occupying
the
renovated
housing,
indicating
that
the
person
had
received
the
pamphlet
on
the
given
date.
The
proposed
acknowledgement
text
would
state:

I
have
received
the
pamphlet,
Lead­
Based
Paint:
Protect
Your
Family,
and
am
aware
of
the
potential
health
risks
associated
with
renovating
housing
containing
lead­
based
paint.

The
statement
would
be
signed
and
dated
by
the
housing
owner
and
heads
of
households
occupying
the
housing
and
would
be
retained
by
the
renovator.
This
acknowledgement
could
exist
as
a
separate
sheet
or
as
a
part
of
each
sales/
service
contract
or
agreement.
EPA
proposes
to
require
that
the
acknowledgement
text
be
printed
in
at
least
12­
point
type
to
ensure
that
the
text
is
readable
and
noticeable.
Recognizing
the
importance
of
reaching
non­
English
speaking
residents
of
target
housing,
EPA
is
proposing
requirements
to
address
renovations
performed
in
predominantly
non­
English
speaking
areas.
If
the
parties
use
a
written
service
contract
or
agreement,
and
if
the
service
contract
or
agreement
is
in
a
language
other
than
English,
then
the
acknowledgment
would
have
to
be
in
the
same
language
as
the
contract
or
agreement.
The
Agency
proposes
this
provision
as
a
necessary
measure
in
achieving
a
more
equitable
Federal
lead­
based
paint
program.
EPA
is
requesting
comment
on
these
provisions,
including
whether
the
alternative
language
provisions
provide
an
appropriate
level
of
protection
to
non­
English
speaking
occupants
of
target
housing.

C.
Renovations
in
Multi­
Family
Dwellings
EPA
has
also
considered
the
issue
of
regulating
*
renovation*
activities
that
occur
in
buildings
containing
many
separate
housing
units.
Such
dwellings
pose
additional
challenges
because,
depending
on
the
type
of
*
renovation*
being
conducted,
as
the
number
of
units
in
the
dwelling
increase,
pamphlet
distribution
may
be
increasingly
difficult
for
renovators.
At
the
same
time,
since
many
multi­
family
dwellings
(
defined
for
this
proposed
rulemaking
as
housing
properties
consisting
of
more
than
four
dwelling
units)
may
have
been
built
before
lead­
based
paint
use
was
restricted,
these
dwellings
may
pose
lead­
based
paint
hazards
to
occupants
if
renovations
are
conducted
without
care.
EPA
has
considered
two
issues
regarding
renovations
in
multi­
family
dwellings:
Renovations
conducted
within
specific
units
of
a
multifamily
dwelling,
and
renovations
performed
in
common
areas
of
the
multi­
family
dwelling.
1.
Renovations
in
individual
units.
EPA
believes
that
renovations
performed
within
specific
units
of
multi­
family
dwellings
should
be
treated
in
the
same
manner
as
single­
family
dwellings
(
housing
properties
containing
less
than
five
dwelling
units):
the
owner
and
occupants
should
be
notified
and
provided
a
pamphlet
in
advance
of
commencement
of
*
renovation*
activities.
The
Agency
sees
no
rationale
for
distinguishing
between
the
two
regarding
the
risks
of
exposure.
During
large­
scale
or
long­
term
renovations
to
units
in
multifamily
housing,
EPA
proposes
the
following
clarification.
In
cases
where
an
owner
employs
a
renovator
to
conduct
renovations
in
several
different
housing
units
within
a
multi­
family
dwelling,
EPA
would
still
require
the
renovator
to
(
1)
Provide
the
occupants
of
each
unit
undergoing
*
renovation*
with
a
copy
of
the
pamphlet
and
(
2)
maintain
signed
acknowledgements
from
each
affected
head­
of­
household.
The
renovator
could
fulfill
his/
her
obligations
regarding
the
owner,
however,
by
providing
one
pamphlet
and
maintaining
one
signed
acknowledgment
covering
all
renovations
performed
throughout
the
dwelling,
rather
than
by
repeating
the
same
owner­
notification
activities
for
each
unit
or
area
renovated.
2.
Renovations
in
common
areas.
EPA
also
believes
that
for
the
purposes
of
the
section
406(
b)
rule,
a
practical
distinction
should
be
made
between
*
renovation*
activities
in
common
areas
of
multi­
family
dwellings
and
renovations
within
specific
living
areas
of
the
dwellings.
Since
*
renovation*
activities
may
occur
in
various
hallways
or
lobbies
of
a
building
on
a
frequent
basis,
it
could
be
impractical
to
require
a
renovator
to
provide
all
occupants
with
a
new
pamphlet
before
the
commencement
of
each
*
renovation*,
especially
in
dwellings
with
larger
numbers
of
residential
units.
Such
a
requirement
would
be
difficult
to
implement
and
enforce,
and
would
likely
lead
to
noncompliance
EPA
still
believes
that
it
is
important
that
occupants
be
informed
of
renovations
in
common
areas
as
they
occur
to
provide
warning
of
potential
lead­
based
paint
hazards
and
to
ensure
their
ability
to
take
appropriate
precautions.
Therefore,
under
Sec.
745.87,
EPA
proposes
to
require
that
before
conducting
target
*
renovation*
activities
in
common
areas
of
multi­
family
target
housing,
the
renovator
would
be
required
to
notify,
in
writing,
all
occupants
of
the
dwelling
of
the
intended
*
renovation*
and
to
make
the
EPA
pamphlet
Lead­
Based
Paint:
Protect
Your
Family
available
upon
request.
This
notification
would
be
required
to
include:
The
general
nature
and
location(
s)
of
the
planned
*
renovation*
activities;
the
expected
starting
and
ending
dates
of
the
planned
*
renovation*
activities;
and
a
statement
of
how
the
occupant
can
obtain
the
lead
hazard
information
pamphlet
from
the
renovator.
EPA
recognizes
that
in
some
cases,
large
renovations
could
take
an
extended
period
of
time
or
cover
several
different
common
areas
of
a
multi­
family
dwelling.
In
that
case,
if
the
initial
notification
provides
accurate
information
on
the
scope
of
renovations
planned
in
the
various
areas,
with
an
accurate
schedule
of
their
performance,
then
that
initial
notification
would
be
sufficient
to
meet
the
requirements
of
this
proposed
rulemaking.
If
the
scope,
location,
or
timeframe
of
the
activities
change
in
a
way
not
reflected
in
the
original
notification,
then
the
renovator
would
be
obligated
to
provide
updated
information
in
an
additional
notification
process.
This
updated
information
is
necessary
to
ensure
that
owners
and
occupants
can,
if
necessary,
adequately
protect
themselves
from
exposure
to
the
hazards
of
lead­
based
paint.
Notification
activities
could
be
performed
by
the
renovator
or
by
the
owner
of
the
dwelling
on
behalf
of
the
renovator.
The
notification
process
could
be
accomplished
by
distributing
a
letter
or
flyer
containing
the
required
information
to
each
head
of
household
occupying
the
housing.
Even
if
the
owner
agreed
to
perform
the
notification
activities,
however,
the
responsibility
to
assure
compliance
would
still
rest
with
the
renovator,
as
required
by
section
406(
b).

D.
Recordkeeping
Requirements
Section
407
of
Title
IV
of
TSCA
gives
EPA
the
authority
to
promulgate
recordkeeping
and
reporting
requirements
that
are
necessary
to
implement
Title
IV
effectively.
EPA
is
using
this
authority
to
propose
the
following
requirements
to
ensure
compliance
and
to
aid
EPA
in
its
enforcement
of
the
provisions
in
this
proposed
rule.
Under
EPA's
proposed
Sec.
745.90,
renovators
would
be
required
to
keep,
for
3
years
after
completion
of
the
*
renovation*,
specific
records
documenting
compliance
with
the
rule.
If
all
*
renovation*
activities
occur
in
private
areas
of
target
housing
units,
these
records
would
include:
1.
The
address/
location
of
the
renovated
target
housing.
This
information
is
important
for
EPA
compliance
monitoring
and
enforcement
actions.
2.
A
list
of
all
heads
of
households
occupying
the
renovated
target
housing
unit(
s)
at
the
commencement
of
renovations.
Because
the
rule
would
require
that
both
the
owners
and
occupants
of
target
housing
receive
the
pamphlet,
EPA
is
proposing
to
require
retention
of
this
list
as
a
record
of
the
persons
that
should
have
received
the
pamphlet.
EPA
is
focusing
on
occupants
of
the
housing
at
the
commencement
of
renovations
recognizing
that
individuals
who
become
occupants
after
renovations
have
begun
would
have
already
received
the
pamphlet
under
the
requirements
being
developed
pursuant
to
section
1018
of
the
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992.
3.
Copies
of
the
signed
and
dated
acknowledgements
from
each
housing
owner
and
each
head
of
household
occupying
the
renovated
unit(
s).
EPA
proposes
to
require
this
record
as
the
primary
proof
of
compliance
with
the
regulation.
In
cases
where
EPA
began
an
enforcement
action
based
on
a
tip
or
complaint,
the
acknowledgement
form
would
be
a
crucial
record
in
establishing
compliance
with
the
rule.
In
the
case
of
*
renovation*
activities
performed
in
common
areas
of
multi­
family
target
housing,
the
renovator
would
still
be
required
to
maintain
the
following
records:
1.
The
address/
location
of
the
renovated
target
housing.
2.
Signed
and
dated
acknowledgements
from
the
owner(
s)
of
the
target
housing
requesting
the
*
renovation*.
3.
A
signed
and
dated
statement
describing
the
steps
performed
by
the
renovator
or
owner
to
notify
all
occupants
of
the
intended
*
renovation*
activities
and
to
provide
the
lead
hazard
information
pamphlet
upon
request.
EPA
is
proposing
not
to
require
specific
language
for
the
statement,
provided
that
it
clearly
indicates:
The
dates
between
which
*
renovation*
activities
took
place;
the
general
nature
of
the
*
renovation*
activities
conducted;
and
the
measures
taken
to
notify
all
occupants
of
the
planned
*
renovation*
activities
as
outlined
in
the
proposed
Sec.
745.87.
This
statement
would
be
signed
and
dated
by
the
owner
as
well
as
the
renovator.
4.
Copies
of
any
letter
or
flyer
sent
to
the
occupants
of
the
housing
as
part
of
the
notification
process.
These
records
would
be
retained
by
the
renovator
for
3
years
after
completion
of
the
*
renovation*
as
proof
of
compliance.
EPA
requests
comment
on
whether
the
proposed
recordkeeping
requirements
are
reasonable,
too
stringent,
or
not
stringent
enough,
and
whether
there
may
be
other
more
effective
recordkeeping
requirements
or
mechanisms
to
facilitate
compliance
monitoring.

V.
Enforcement
Failure
or
refusal
to
comply
with
any
provision
of
the
final
rule
would
be
a
violation
of
TSCA
section
409,
subjecting
the
violator
to
penalties
under
TSCA
section
16
(
15
U.
S.
C.
2615).
These
penalties
include
the
following:
1.
Civil
penalties.
Any
person
who
violates
a
provision
of
the
final
rule
would
be
liable
to
the
United
States
for
a
civil
penalty
in
an
amount
not
to
exceed
$
25,000
for
each
such
violation.
2.
Criminal
penalties.
Any
person
who
knowingly
or
willfully
violates
any
provision
of
the
final
rule
would,
in
addition
to
any
civil
penalty,
be
subject
upon
conviction,
to
a
fine
of
not
more
than
$
25,000
for
each
day
of
violation,
or
to
imprisonment
for
not
more
than
1
year,
or
both.

VI.
State/
Tribal
Administration
and
Enforcement
of
Section
406(
b)

Section
404(
a)
of
TSCA
directs
EPA
to
develop
an
application
process
for
those
States
or
Tribes
which
seek
to
administer
and
enforce
the
standards,
regulations,
and
requirements
established
under
sections
402
and/
or
406.
Section
404(
b)
states
that
the
Administrator
may
approve
such
an
application
only
after
finding
that
the
State/
Tribal
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
program
established
according
to
the
mandate
of
section
402
or
406
of
TSCA,
and
that
it
provides
adequate
enforcement.
The
procedures
for
submitting
a
State/
Tribal
application
will
be
proposed
in
a
separate
Federal
Register
notice
in
the
future.
For
State
and
Tribal
implementation
purposes,
EPA
recognizes
a
distinction
between
section
406(
a),
the
development
of
a
lead
hazard
information
pamphlet,
and
regulatory
requirement
section
406(
b),
for
distribution
of
the
pamphlet.
Since
the
pamphlet
must
be
developed
in
consultation
with
HHS
and
HUD,
for
use
in
other
rules
in
other
sections
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
EPA
will
limit
the
authorization
of
State/
Tribal
programs
to
administration
of
section
406(
b).
EPA
believes
that
the
authority
to
develop
a
lead
hazard
information
pamphlet
cannot
be
delegated
to
States
or
Tribes,
given
the
dependence
of
many
agencies
on
the
pamphlet,
and
the
need
for
uniformity
in
several
statutory
sections
of
the
Act.

VII.
Model
State
Program
To
support
State
and
tribal
efforts
to
develop
an
authorized
program,
section
404(
d)
of
TSCA
directs
EPA
to
promulgate
a
model
State
program
which
may
be
adopted
by
any
State
which
seeks
to
administer
and
enforce
the
provisions
of
sections
402
and
406
of
TSCA.
Given
that
section
404(
b)
requires
authorized
State
programs
to
be
at
least
as
protective
as
the
Federal
program,
the
Agency
expects
that
a
State
program
seeking
authorization,
would
resemble,
in
significant
respects,
the
Federal
program,
and
further,
that
the
regulations
proposed
in
Secs.
745.80
through
745.99
would
serve
as
an
appropriate
model
for
such
a
State
program.
Therefore,
the
Agency
is
at
this
time
proposing
these
regulations
as
the
model
program.
Section
745.87
contains
procedures
and
requirements
for
the
provision
of
EPA's
lead
hazard
information
pamphlet
to
owners
and
occupants
of
target
housing
by
renovators.
The
proposed
Sec.
745.90
contains
recordkeeping
requirements
necessary
to
monitor
and
enforce
compliance
with
the
requirements.
This
model
will
be
especially
useful
to
the
many
States
that
do
not
currently
have
notification
requirements
in
residential
housing.
The
Agency
believes
that
adoption
of
this
program
would
effectively
increase
the
awareness
of
owners
and
occupants
of
target
housing
regarding
the
issues
associated
with
renovating
housing
with
lead­
based
paint.
However,
the
State
program
need
not
duplicate
the
Federal
program
in
order
to
receive
authorization
from
EPA.
A
State
may
choose
to
develop
its
own
program,
and
it
would
be
evaluated
to
determine
if
it
is
as
protective
as
the
Federal
program.

VIII.
Procedures
for
Requesting
a
Public
Hearing
If
persons
request
time
for
oral
comment,
EPA
will
consider
holding
an
informal
hearing
in
Washington,
DC.
Persons
or
organizations
desiring
to
participate
in
the
informal
hearing
must
file
a
written
request
to
participate.
The
written
request
to
participate
must
be
sent
to
the
Environmental
Assistance
Division
at
the
address
listed
under
FOR
FURTHER
INFORMATION
CONTACT
and
must
be
received
by
EPA
by
April
8,
1994.
The
written
request
to
participate
must
include:
(
1)
A
brief
statement
of
the
interest
of
the
person
or
organization
in
the
proceeding;
(
2)
a
brief
outline
of
the
points
to
be
addressed;
(
3)
an
estimate
of
the
time
required;
and
(
4)
if
the
request
comes
from
an
organization,
a
non­
binding
list
of
the
persons
to
take
part
in
the
presentation.
Organizations
are
requested
to
bring
with
them,
to
the
extent
possible,
employees
with
individual
expertise
in
and
responsibility
for
each
one
of
the
areas
to
be
addressed.
Organizations
which
do
not
file
written
comments
will
not
be
allowed
to
participate
at
the
hearing.
EPA
will
decide
whether
to
hold
a
hearing
by
April
28,
1994.

IX.
Rulemaking
Record
A
record
for
this
proposed
version
of
the
rule
has
been
established
under
docket
number
``
OPPTS­
62131.''
The
public
record
is
available
for
inspection
from
12
noon
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
public
version
of
the
record
(
which
does
not
contain
confidential
business
information)
is
located
in
the
TSCA
NCIC,
Rm.
E­
G102,
401
M
St.,
SW.,
Washington,
DC
20460.
The
draft
of
the
proposed
rule
submitted
by
the
Administrator
to
OMB
review
prior
to
proposal
will
also
be
contained
in
the
docket,
as
will
the
drafts
of
the
final
rule
submitted
for
review
before
promulgation.
The
following
list
of
documents
were
used
by
the
Agency
in
developing
this
regulation
and
can
be
found
in
the
docket.
Other
documents,
including
those
submitted
with
written
comments
from
interested
parties,
will
be
included
in
the
docket
following
the
publication
of
this
proposal
in
the
Federal
Register.
1.
Alliance
to
End
Childhood
Lead
Poisoning,
Preventing
Childhood
Lead
Poisoning:
The
First
Comprehensive
National
Conference;
Final
Report.
October
6,
7,
8,
1991.
(
pp.
A1­
A10)
2.
DOL,
OSHA,
Lead
Exposure
in
Construction;
Interim
Final
Rule.
May
4,
1993.
3.
EPA,
Lead
Poisoning
and
Your
Children.
EPA/
800­
B­
92­
0002,
September
1992
4.
EPA,
DRAFT:
Reducing
Exposure
to
Lead
in
the
Home;
An
Action
Guide
for
Families.
(
January
1992).
5.
U.
S.
Government
Printing
Office.
Code
of
Federal
Regulations
July
1,
1992.
(
40
CFR
763.121)
6.
U.
S.
Government
Printing
Office.
Code
of
Federal
Regulations
July
1,
1992.
(
40
CFR
763.63(
1))
7.
U.
S.
Congress.
The
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
(
Pub.
L.
105­
550).
8.
HHS,
PHS,
CDC,
Preventing
Lead
Poisoning
in
Young
Children;
A
Statement
by
The
Centers
For
Disease
Control.
October
1991.
9.
HHS,
PHS,
ATSDR,
The
Nature
and
Extent
of
Lead
Poisoning
in
Children
in
the
United
States:
A
Report
to
Congress.
July
1988.
(
pp.
1­
16)
10.
HUD,
Office
of
Lead­
Based
Paint
Abatement
and
Poisoning
Prevention.
Lead­
Based
Paint;
Interim
Guidelines
for
Hazard
Identification
and
Abatement
in
Public
and
Indian
Housing;
Notice.
April
18,
1990.
11.
HUD,
Office
of
Lead­
Based
Paint
Abatement
and
Poisoning
Prevention.
Lead­
Based
Paint:
A
Threat
to
Your
Children.
U.
S.
GPO:
1993­
351­
568.
January
1993.

X.
Confidential
Business
Information
While
EPA
does
not
anticipate
the
receipt
of
much
(
if
any)
confidential
business
information
in
connection
with
this
proposed
rule,
a
person
may
assert
a
claim
of
confidentiality
for
any
business
information,
including
all
or
portions
of
written
comments,
submitted
to
EPA
in
connection
with
this
proposed
rule.
Any
person
who
submits
a
comment
subject
to
a
claim
of
confidentiality
must
also
submit
a
nonconfidential
version.
Any
claim
of
confidentiality
must
accompany
the
information
when
it
is
submitted
to
EPA.
Persons
must
mark
information
claimed
as
confidential
by
circling,
bracketing,
or
underlining
it,
and
marking
it
with
``
CONFIDENTIAL''
or
some
other
appropriate
designation.
EPA
will
disclose
information
subject
to
a
claim
of
confidentiality
only
to
the
extent
permitted
by
section
14
of
TSCA
and
40
CFR
part
2,
subpart
B.
If
a
person
does
not
assert
a
claim
of
confidentiality
for
information
in
comments
at
the
time
it
is
submitted
to
EPA,
EPA
will
place
the
information
in
the
public
record
for
this
rulemaking
without
further
notice
to
that
person.

XI.
References
1.
Alliance
to
End
Childhood
Lead
Poisoning,
Preventing
Childhood
Lead
Poisoning:
The
First
Comprehensive
National
Conference;
Final
Report.
October
6,
7,
8,
1991.
2.
DOL,
OSHA,
Lead
Exposure
in
Construction;
Interim
Final
Rule.
(
May
4,
1993).
3.
HUD,
Office
of
Lead­
Based
Paint
Abatement
and
Poisoning
Prevention.
Lead­
Based
Paint;
Interim
Guidelines
for
Hazard
Identification
and
Abatement
in
Public
and
Indian
Housing;
Notice.
April
18,
1990.

XII.
Regulatory
Assessment
Requirements
A.
Executive
Order
12866
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
must
determine
whether
the
regulatory
action
is
``
significant''
and
therefore
subject
to
review
by
the
Office
of
Management
and
Budget
(
OMB)
and
the
requirements
of
the
Executive
Order.
Under
section
3(
f),
the
order
defines
a
``
significant
regulatory
action''
as
an
action
that
is
likely
to
result
in
a
rule:
(
1)
Having
an
annual
effect
on
the
economy
of
$
100
million
or
more,
or
adversely
and
materially
affecting
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local
or
tribal
governments
or
communities
(
also
referred
to
as
``
economically
significant'');
(
2)
creating
serious
inconsistency
or
otherwise
interfering
with
an
action
taken
or
planned
by
another
agency;
(
3)
materially
altering
the
budgetary
impacts
of
entitlement,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
raising
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
this
Executive
Order.
Pursuant
to
the
terms
of
this
Executive
Order,
EPA
has
determined
that
this
proposed
rule
is
``
significant''
because
it
raises
novel
policy
issues
arising
out
of
its
legal
mandate
in
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act.
EPA
has
prepared
a
Regulatory
Impact
Analysis
(
RIA)
in
conjunction
with
its
proposed
lead
information
disclosure
rule
for
*
renovation*
activities.
EPA
finds
that
the
proposed
rule
will
not
have
an
effect
on
the
economy
of
$
100
million
or
more,
will
not
result
in
major
increases
in
costs
or
prices,
and
is
not
anticipated
to
have
significant
adverse
effects
on
competition,
employment,
investment,
or
productivity
in
the
relevant
sectors.
EPA
estimates
the
overall
costs
to
affected
entities
to
be
$
59,700,000.
This
estimate
includes
costs
for
rule
familiarization,
information
disclosure
and
obtaining
required
signatures,
recordkeeping,
and
materials
costs.
EPA
estimates
that
the
provisions
of
the
rule
as
proposed
would
add
about
$
5.00
to
the
cost
of
each
transaction.
A
copy
of
the
RIA
is
available
in
the
TSCA
Nonconfidential
Information
Center
(
NCIC)
(
also
known
as
the
TSCA
Public
Docket
Office),
for
review
and
copying
(
see
Unit
IX
of
this
preamble).
This
action
was
submitted
to
OMB
for
review,
as
required
by
Executive
Order
12866,
and
any
comments
or
changes
made
in
response
to
OMB
suggestions
or
recomendations
have
been
documented
in
the
public
record.

B.
Regulatory
Flexibility
Act
The
Regulatory
Flexibility
Act
of
1980
requires
each
Federal
agency
to
perform
a
Regulatory
Flexibility
Analysis
for
all
rules
that
are
likely
to
have
a
``
significant
impact
on
a
substantial
number
of
small
entities.''
In
an
effort
to
identify
and
characterize
the
proposed
rule's
effects
on
small
business,
EPA
has
prepared
an
Initial
Regulatory
Flexibility
Analysis
(
IRFA).
This
assessment
has
been
included
as
part
of
the
Regulatory
Impact
Analysis
(
RIA),
and
is
summarized
below.
In
assessing
small
business
impacts,
EPA
first
developed
an
establishment
profile
for
each
major
sector.
This
profile
indicated
that
approximately
80
to
90
percent
of
all
establishments
in
SICs
15,
17,
651,
and
653
fell
within
the
1
to
9
employee
size
class.
Thus,
a
substantial
number
of
small
firms
are
estimated
to
be
potentially
affected
by
the
proposed
rule.
To
measure
the
cost
impacts
of
the
proposed
rule
on
these
small
establishments,
representative
or
model
establishments
were
designed.
These
model
establishments
corresponded
to
typical
establishments,
with
respect
to
number
of
employees
and
annual
transaction
volume,
in
each
affected
sector.
Since
transaction
activity
was
reported
to
vary
widely,
a
range
of
transaction
volume
was
estimated
for
each
establishment
type.
For
each
model
establishment,
annual
regulatory
costs
were
then
calculated
and
compared
to
annual
labor
and
overhead
costs.
Ratios
were
computed
for
both
high
and
low
estimates
of
the
range
of
transaction
activity.
In
the
case
of
a
multi­
trade
*
renovation*
contractor,
regulatory
costs
were
found
to
represent
from
0.05
to
0.14
percent
of
labor
and
overhead
costs.
In
the
case
of
a
specialty
trade
contractor,
impacts
were
somewhat
higher,
ranging
from
0.35
to
0.84
percent.
An
establishment
engaged
in
rental
property
management
was
projected
to
sustain
impacts
of
0.99
to
1.95
percent.
Thus,
while
a
large
number
of
small
establishments
will
be
potentially
affected
by
the
rule,
cost
impacts
were
not
found
to
be
of
sufficient
magnitude
to
cause
undue
harm
to
such
establishments.
Consequently,
no
regulatory
alternatives
are
being
proposed
in
connection
with
small
business
impacts.
Pursuant
to
section
605(
b)
of
the
Regulatory
Flexibility
Act,
5
U.
S.
C.
605(
b),
EPA
certifies
that
this
proposed
rule
would
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

C.
Paperwork
Reduction
Act
The
information
collection
requirements
in
this
proposed
rule
have
been
submitted
for
approval
to
OMB
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
An
Information
Collection
Request
(
ICR)
document
has
been
prepared
by
EPA
(
ICR
No.
1669.01)
and
a
copy
may
be
obtained
from
Sandy
Farmer,
Information
Policy
Branch
(
2136),
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460,
or
by
telephoning
(
202)
260­
2740.
This
collection
of
information
has
an
estimated
recordkeeping
burden
averaging
11.5
minutes
per
response
(
at
5.8
minutes/
respondent),
and
to
require
7.7
minutes
per
recordkeeper,
annually.
These
estimates
include
time
to
review
instructions,
search
existing
data
sources,
gather
and
maintain
the
data
needed,
and
complete
the
collection
of
information.
Send
comments
regarding
the
burden
estimate
or
any
other
aspect
of
this
collection
of
information,
including
suggestions
for
reducing
this
burden
to
Chief,
Information
Policy
Branch
(
2136),
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20503,
marked
``
Attention:
Desk
Officer
for
EPA.''
The
final
rule
will
respond
to
any
OMB
or
public
comments
on
the
information
collection
requirements
contained
in
this
proposal.

List
of
Subjects
in
40
CFR
Part
745
Environmental
protection,
Abatement,
Housing
*
renovation*,
Lead,
Lead­
based
paint,
Reporting
and
recordkeeping
requirements.

Dated:
February
28,
1994.
Carol
M.
Browner,
Administrator.

Therefore,
it
is
proposed
that
Chapter
I
of
40
CFR
be
amended
by
adding
a
new
part
745
to
read
as
follows:

PART
745­­
LEAD
EXPOSURE
REDUCTION
Subpart
A­­
General
Provisions
Sec.

745.1
Scope,
purpose,
and
authority.
745.3
Definitions.
745.7
Confidential
business
information.
Subparts
B­
D
[
Reserved]
Subpart
E­­
Residential
Property
*
Renovation*
Sec.
745.80
Purpose,
scope,
and
applicability.
745.85
Lead
pamphlet.
745.87
Notification.
745.90
Recordkeeping
requirements.
745.97
Penalties
for
noncompliance.
745.99
Effective
date.

Authority:
15
U.
S.
C.
2686.

Subpart
A­­
General
Provisions
Sec.
745.1
Scope,
purpose,
and
authority.

(
a)
This
part
contains
regulations
developed
under
Title
IV
(
15
U.
S.
C.
2681­
2692)
and
section
6
(
15
U.
S.
C.
2605)
of
the
Toxic
Substances
Control
Act.

Sec.
745.3
Definitions.

For
purposes
of
this
part,
the
following
definitions
apply:
Act
means
the
Toxic
Substances
Control
Act
(
TSCA),
15
U.
S.
C.
et
seq.
Administrator
means
the
Administrator
of
the
Environmental
Protection
Agency.
Common
area
means
a
portion
of
a
building
generally
accessible
to
all
residents/
users
including,
but
not
limited
to,
hallways,
stairways,
laundry
and
recreational
rooms,
playgrounds,
community
centers,
and
boundary
fences.
Dwelling
unit
means
a
single,
unified
combination
of
rooms
designed
for
use
as
a
dwelling
by
one
family.
EPA
means
the
Environmental
Protection
Agency.
Lead­
based
paint
hazard
means
any
condition
that
causes
exposure
to
lead
from
lead­
contaminated
dust,
lead­
contaminated
soil,
leadcontaminated
paint
that
is
deteriorated
or
present
in
accessible
surfaces,
friction
surfaces,
or
impact
surfaces
that
would
result
in
adverse
human
health
effects
in
pregnant
women
or
young
children.
Multi­
family
housing
means
a
housing
property
consisting
of
more
than
four
dwelling
units.
Owner
means
any
individual,
partnership,
corporation,
or
trusteeship
that
has
legal
right
of
possession
of
residential
property,
or
any
person
legally
authorized
to
represent
that
individual,
partnership,
corporation,
or
trusteeship.
Person
means
any
natural
person,
firm,
company,
corporation,
joint
venture,
partnership,
sole
proprietorship,
association,
or
any
other
business
entity,
any
state
or
political
subdivision
thereof,
any
municipality,
any
interstate
body,
any
Indian
tribe,
and
any
department,
agency,
or
instrumentality
of
the
Federal
government
*
Renovation*
means
the
modifying
of
any
existing
structure,
or
portion
thereof,
where
exposure
to
the
hazards
of
lead­
based
paint
may
result,
unless
the
activity
is
performed
as
part
of
a
lead
abatement
program
by
a
certified
contractor,
or
unless
otherwise
regulated
by
EPA
in
Subpart
G
of
this
part.
Renovator
means
any
person
who
performs
for
compensation
a
*
renovation*
of
target
housing
or
public
buildings.
Residential
dwelling
means
(
1)
a
single­
family
dwelling,
including
attached
structures
such
as
porches
and
stoops,
or
(
2)
a
single­
family
dwelling
unit
in
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
and
in
which
each
such
unit
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.
TSCA
means
the
Toxic
Substances
Control
Act
(
15
U.
S.
C.
et
seq.).
Sec.
745.7
Confidential
business
information.

Any
person
required
to
submit
a
document
or
report
to
the
EPA
under
this
part
may
assert
a
claim
of
confidentiality
for
the
information
submitted.
Any
claim
of
confidentiality
must
accompany
the
information
when
it
is
submitted
to
EPA.
EPA
will
disclose
information
subject
to
a
claim
of
confidentiality
only
to
the
extent
permitted
by
section
14
of
TSCA
and
40
CFR
part
2,
subpart
B.
If
a
person
does
not
assert
a
claim
of
confidentiality
for
information
at
the
time
it
is
submitted
to
EPA,
EPA
may
make
the
information
public
without
further
notice
to
that
person.

Subpart
B­­
D
[
Reserved]

Subpart
E­­
Residential
Property
*
Renovation*

Sec.
745.80
Scope,
purpose,
and
applicability.

This
subpart
applies
to
*
renovation*
activities
on
target
housing.
Such
housing
may
contain
lead­
based
paint
and
lead­
based
paint
dust
that
can
pose
a
health
hazard
to
occupants,
especially
young
children
and
pregnant
women.
Persons
or
firms
that
perform
*
renovation*
services
for
compensation
on
target
housing
must
provide
information
on
hazards
of
exposure
to
lead­
based
paint
associated
with
*
renovation*
activities.

Sec.
745.85
Lead
pamphlet.

(
a)
Availability
of
pamphlet
to
the
general
public
and
regulated
community.
The
most
current
version
of
EPA
pamphlet
No.
XXX,
entitled
Lead­
Based
Paint:
Protect
Your
Family,
is
available
to
the
public
and
the
regulated
community
for
a
fee
from
the
Government
Printing
Office
(
GPO).
Interested
parties
should
write
to:
Government
Printing
Office,
Superintendent
of
Documents,
Mail
Stop
XXX,
Washington,
DC
20402­
9328.
In
addition,
persons
may
reproduce
this
pamphlet,
for
use
or
distribution,
providing
that
the
text
and
graphics
are
reproduced
in
full.
(
b)
Pamphlet
elements.
The
information
contained
and
presented
in
this
pamphlet
is
mandated
in
section
406(
a)
of
TSCA
(
15
U.
S.
C.
2686),
and
may
not
be
changed
or
omitted
during
any
reproduction
of
the
information
for
the
purpose
of
compliance
with
this
subpart.

Sec.
745.87
Notification.

(
a)
Before
beginning
*
renovation*
activities
on
specific
target
housing
units,
renovators
shall:
(
1)
Provide
each
owner
and
each
head
of
household
occupying
the
units
to
be
renovated
with
a
copy
of
the
EPA
pamphlet,
entitled
Lead­
Based
Paint:
Protect
Your
Family.
(
2)
Obtain
a
signed,
dated
acknowledgement
from
the
owners
and
each
head
of
household
occupying
the
housing
unit
affirming
that
they
have
received
the
pamphlet
and
are
aware
of
the
potential
health
hazards
from
renovating
housing
containing
lead­
based
paint.
(
i)
The
acknowledgement
shall
include
the
following
language:

I
have
received
the
pamphlet
entitled
Lead­
Based
Paint:
Protect
Your
Family
and
am
aware
of
the
potential
health
risks
associated
with
renovating
housing
containing
lead­
based
paint
hazards.

(
ii)
Below
the
statement,
the
acknowledgement
shall
require
the
signature
of
each
owner
and
head
of
household
occupying
the
unit,
along
with
their
dates
of
signature.
(
iii)
The
type
size
shall
be
no
smaller
than
12­
point
type.
(
iv)
The
acknowledgement
may
be
included
as
a
separate
sheet
or
as
a
part
of
any
written
contract
or
service
agreement.
It
must
be
completed
before
the
commencement
of
the
target
renovations.
(
v)
If
the
parties
use
a
written
contract
or
agreement
which
is
written
in
a
language
other
than
English,
the
acknowledgement
text
shall
be
written
in
the
same
language
as
the
text
of
the
contract
or
agreement.
(
b)
Before
beginning
*
renovation*
activities
in
common
areas
of
multi­
family
target
housing,
the
renovator
shall:
(
1)
Provide
the
owner(
s)
of
the
target
housing
requesting
the
*
renovation*
with
a
copy
of
the
EPA
pamphlet,
entitled
Lead­
Based
Paint:
Protect
Your
Family.
(
2)
Obtain
a
signed,
dated
acknowledgement
from
the
owner(
s)
of
the
target
housing
requesting
the
*
renovation*
affirming
that
they
have
received
the
pamphlet
and
are
aware
of
the
potential
health
hazards
from
renovating
housing
containing
lead­
based
paint.
(
i)
The
acknowledgement
shall
include
the
following
language:

I
have
received
the
pamphlet
entitled
Lead­
Based
Paint:
Protect
Your
Family
and
am
aware
of
the
potential
health
risks
associated
with
renovating
housing
containing
lead­
based
paint
hazards.

(
ii)
Below
the
statement,
the
acknowledgement
shall
require
the
signature
of
each
owner
requesting
the
*
renovation*,
along
with
their
dates
of
signature.

(
iii)
The
type
size
shall
be
no
smaller
than
12­
point
type.
(
iv)
The
acknowledgement
may
be
included
as
a
separate
sheet
or
as
a
part
of
any
written
contract
or
service
agreement.
(
v)
If
the
parties
use
a
written
contract
or
agreement
which
is
written
in
a
language
other
than
English,
the
acknowledgement
text
shall
be
written
in
the
same
language
as
the
text
of
the
contract
or
agreement.
(
3)
Notify
each
owner
and
each
head
of
household
occupying
the
target
housing,
in
writing,
of
the
intended
*
renovation*
and
make
the
EPA
pamphlet
Lead­
Based
Paint:
Protect
Your
Family
available
upon
request.
At
minimum,
such
notification
shall
be
accomplished
by
distributing
written
notice
to
each
owner
and
each
head
of
household
occupying
the
target
housing.
The
notice
shall
describe:
The
general
nature
and
location(
s)
of
the
planned
*
renovation*
activities,
the
expected
starting
and
ending
dates
of
the
planned
*
renovation*
activities,
and
a
statement
of
how
the
owners
and
occupants
can
obtain
the
lead
hazard
information
pamphlet,
at
no
charge,
from
the
renovator.
These
activities
shall
be
conducted
by
either:
(
i)
The
renovator.
(
ii)
The
owner
on
behalf
of
the
renovator.
(
iii)
If
the
notification
activities
are
performed
by
the
owner
of
the
building
on
behalf
of
the
renovator,
the
renovator
shall
retain
a
signed
and
dated
statement
by
the
owner
of
the
dwelling
describing
the
steps
performed
to
notify
all
occupants
of
the
intended
*
renovation*
activities
and
to
provide
the
lead
hazard
information
pamphlet,
at
no
charge,
upon
request.
Regardless
of
who
performs
the
notification
activities
required
under
this
subpart,
the
renovator
shall
be
responsible
for
assuring
compliance
with
this
subpart
and
shall
be
liable
for
any
failures
to
comply
with
the
notification
requirements
in
this
section.
(
4)
If
the
general
nature,
location(
s),
or
expected
starting
and
ending
dates
of
the
planned
*
renovation*
activities
change
after
the
initial
notification
has
been
conducted,
the
renovator
shall
provide
further
notification
to
the
owners
and
heads
of
households
providing
revised
information
on
the
ongoing
or
planned
activities.

Sec.
745.90
Recordkeeping
requirements.
Renovators
shall
retain
all
records
necessary
to
demonstrate
compliance
with
this
section
for
a
minimum
of
3
years
following
completion
of
the
*
renovation*
services
on
target
housing.
These
records
shall
include:
(
a)
The
address/
location
of
the
renovated
target
housing.
(
b)
A
list
of
all
heads
of
households
occupying
the
renovated
unit(
s)
at
the
commencement
of
renovations.
(
c)
Copies
of
signed
and
dated
acknowledgements,
as
required
by
Sec.
745.87(
a)(
2),
from
each
owner
and
each
head
of
household
occupying
a
renovated
unit.
(
d)
Copies
of
signed
and
dated
acknowledgements,
as
required
by
Sec.
745.87(
b)(
2),
from
each
owner
requesting
renovations
to
common
areas
in
multi­
family
dwellings.
(
e)
Copies
of
all
signed
and
dated
statements
of
notification,
as
well
as
copies
of
all
notification
materials
sent
to
all
owners
and
heads
of
household,
as
required
in
Sec.
745.87(
b)(
3)
for
renovations
to
common
areas
in
multi­
family
dwellings.

Sec.
745.97
Penalties
for
noncompliance.

(
a)
Failure
or
refusal
to
comply
with
any
provision
of
this
subpart
is
a
violation
of
TSCA
section
409
(
15
U.
S.
C.
2689),
subjecting
the
violator
to
penalties
under
TSCA
section
16
(
15
U.
S.
C.
2615).
(
b)
Failure
or
refusal
to
establish
and
maintain
records
or
to
permit
access
to
or
copying
of
records,
as
required
by
this
subpart,
is
a
violation
of
TSCA
section
15
(
15
U.
S.
C.
2614).
(
c)
Failure
or
refusal
to
permit
entry
or
inspection
as
required
by
TSCA
section
11
(
15
U.
S.
C.
2610)
is
a
violation
of
TSCA
section
15
(
15
U.
S.
C
2614).
(
d)
Violators
may
be
subject
to
the
civil
and
criminal
penalties
in
TSCA
sections
16
and
409
for
each
violation.

Sec.
745.99
Effective
date.

The
Federal
requirements
in
this
subpart
shall
take
effect
on
April
28,
1996.
In
those
States
or
Tribal
lands,
which
have
not
obtained
authorization,
under
Sec.
745.
XXX,
to
administer
and
enforce
this
program,
the
requirements
in
this
subpart
shall
apply
to
any
*
renovation*
of
target
housing
if
the
*
renovation*
was
commenced
on
or
after
April
28,
1996.
In
States
and
Tribes
that
have
obtained
authorization
to
implement
their
State/
Tribal
program
according
to
the
requirements
in
subpart
X,
individual
State/
Tribal
requirements
may
take
effect
before
April
28,
1996.

[
FR
Doc.
94­
5299
Filed
3­
8­
94;
8:
45
am]
BILLING
CODE
6560­
50­
F
