

[Federal Register: March 16, 2007 (Volume 72, Number 51)]
[Proposed Rules]               
[Page 12582-12584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr07-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2005-0049; FRL-8116-6]
RIN 2070-AC83

40 CFR Part 745

 
Lead; Renovation, Repair, and Painting Program; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: On January 10, 2006, EPA proposed new requirements to reduce 
exposure to lead hazards created by renovation, repair, and painting 
activities that disturb lead-based paint. The proposal supports the 
attainment of the Federal Government's goal of eliminating childhood 
lead poisoning by 2010. With this document, EPA is announcing the 
availability of two new studies in the rulemaking docket. The studies 
include one conducted by EPA--Characterization of Dust Lead Levels 
after Renovation, Repair, and Painting Activities and a second study 
conducted by the National Association of Home Builders (NAHB)--Lead-
Safe Work Practices Survey Project. EPA will consider revisions to the 
proposed work practice standards following review of these studies and 
consideration of public comment received as a result of this document. 
Comments should be submitted to the docket for the proposed rule and 
must be received on or before April 16, 2007.

DATES: Comments must be received on or before April 16, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2005-0049, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID Number EPA-HQ-OPPT-2005-0049. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0049. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: EPA established a docket for this action under ID number 
EPA-HQ-OPPT-2005-0049. All documents in the docket are listed in the 
docket's index available at http://www.regulations.gov. Although listed 

in the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available electronically at http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT Docket. The OPPT Docket is located 
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 
Constitution Ave., NW., Washington,

[[Page 12583]]

DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding Federal holidays. The 
telephone number of the EPA/DC Public Reading Room is (202) 566-1744, 
and the telephone number for the OPPT Docket is (202) 566-0280. Docket 
visitors are required to show photographic identification, pass through 
a metal detector, and sign the EPA visitor log. All visitor bags are 
processed through an X-ray machine and subject to search. Visitors will 
be provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

    For technical information contact: Mike Wilson, National Program 
Chemicals Division, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0521; e-mail 
address: wilson.mike@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you perform 
renovations of target housing for compensation or dust sampling. Target 
housing is defined in section 401 of the Toxic Substances Control Act 
(TSCA) as any housing constructed prior to 1978, except housing for the 
elderly or persons with disabilities (unless any child under age 6 
resides or is expected to reside in such housing) or any 0-bedroom 
dwelling. Potentially affected entities may include, but are not 
limited to:
     Building construction (NAICS code 236), e.g., single 
family housing construction, multi-family housing construction, 
residential remodelers.
     Specialty trade contractors (NAICS code 238), e.g., 
plumbing, heating, and air-conditioning contractors, painting and wall 
covering contractors, electrical contractors, finish carpentry 
contractors, drywall and insulation contractors, siding contractors, 
tile and terrazzo contractors, glass and glazing contractors.
     Real estate (NAICS code 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
     Other technical and trade schools (NAICS code 611519), 
e.g., training providers.
     Engineering services (NAICS code 541330) and building 
inspection services (NAICS code 541350), e.g., dust sampling 
technicians.
    This listing 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 unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  745.82 of the 
proposed rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
that you mail to EPA, as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action Is the Agency Taking?

    Many residences built prior to 1978 contain lead-based paint. 
Activities that involve the disturbance or removal of lead-based paint, 
including many renovation and repair activities, can result in high 
localized concentrations of lead dust in the air and on exposed 
surfaces within the home, as well as in surrounding soils.
    In support of the Federal Government's goal of eliminating 
childhood lead poisoning by 2010, EPA proposed a rule establishing 
requirements to protect residents of pre-1978 housing units from lead 
hazards due to renovation, repair, and painting activities. The 
proposed rule, issued under the authority of section 402(c)(3) of TSCA, 
was published in the Federal Register of January 10, 2006 (71 FR 1588) 
(FRL-7755-5). With this document, EPA is announcing the availability of 
two new studies in the rulemaking docket.
    1. Characterization of Dust Lead Levels after Renovation, Repair, 
and Painting Activities (January 23, 2007). In an effort to support a 
thorough risk assessment and cost-benefit analysis of the proposed 
rule, EPA designed and conducted a field study to characterize dust 
lead levels during various stages of renovation, repair, and painting 
activities. Results of that field study are presented in this report.
    2. Lead-Safe Work Practices Survey Project (November 9, 2006). NAHB 
conducted an assessment of renovation and remodeling activities to 
measure levels of lead dust generated by home improvement contractors. 
The objective of this project was to measure the amount of lead dust 
generated during typical renovation and remodeling activities and 
assess whether routine renovation and remodeling activities increased 
lead dust levels in the work area and property.
    A copy of these studies is now available in the docket for this 
action (EPA-HQ-OPPT-2005-0049). EPA is

[[Page 12584]]

asking the public to consider their previous comments in light of these 
studies, particularly those related to the proposed work practice 
standards. EPA intends to consider these studies, and public comment 
received as a result of this document, in the development of the final 
Renovation, Repair, and Painting Program rule. In particular, EPA 
requests comment on the proposed methods of containment, cleaning, and 
cleaning verification in light of the information contained in these 
studies. In addition, the Agency is interested in comments on whether 
certain practices should require additional protective measures or 
should be prohibited based on the study findings. Comments should be 
submitted to the docket for the proposed rule (EPA-HQ-OPPT-2005-0049) 
and must be received on or before April 16, 2007.

List of Subjects 40 CFR Part 745

    Environmental protection, Infants and children, Health and safety, 
Housing renovation, Lead, Lead-based paint.


    Dated: March 12, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E7-4869 Filed 3-15-07; 8:45 am]

BILLING CODE 6560-50-S
