
[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Proposed Rules]               
[Page 18330-18336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-14]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-8405-3]
RIN 2070-AJ48

 
Lead; Minor Amendments to the Renovation, Repair, and Painting 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing two minor revisions to the final Lead 
Renovation, Repair, and Painting Program (RRP) rule that published in 
the Federal Register on April 22, 2008. First, EPA is proposing to 
require accredited providers of renovator or dust sampling technician 
training to submit post-course notifications, including digital 
photographs of each successful trainee, to EPA. The 2008 rule 
establishes accreditation, training, certification, and recordkeeping 
requirements as well as work practice standards on persons performing 
renovations for compensation in most pre-1978 housing and child-
occupied facilities. The post-course notification requirement, designed 
to supply important information for EPA's compliance monitoring 
efforts, was inadvertently omitted from the final RRP rule's regulatory 
text, although it was discussed in the preamble of the final rule. In 
addition, EPA is proposing to remove the requirement for accredited 
lead-based paint activities training providers--those who provide 
inspector, risk assessor, project designer, and abatement supervisor 
and worker training--to submit to EPA a digital photograph of each 
successful trainee along with their post-course notifications. That 
requirement, inadvertently imposed as part of the final RRP rule, is 
unnecessary because EPA already receives photographs of these 
individuals through other means.

DATES: Comments must be received on or before May 22, 2009.

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.

[[Page 18331]]

      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: All documents in the docket are listed in the docket 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, 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: Cindy Wheeler, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0484; e-mail 
address: wheeler.cindy @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you provide or 
plan to provide training in lead-safe building renovation work 
practices or training for dust sampling technicians. Potentially 
affected entities may include, but are not limited to:
     Other technical and trade schools (NAICS code 611519), 
e.g., training providers.
    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. 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, mark the outside of the disk or CD-ROM as CBI and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

A. Introduction

    In the Federal Register issue of April 22, 2008, under the 
authority of sections 402(c)(3), 404, 406, and 407 of the Toxic 
Substances Control Act (TSCA), EPA issued its final RRP rule (Ref. 1). 
The final RRP rule, codified in 40 CFR part 745, subparts E, L, and Q, 
addresses lead-based paint hazards created by renovation, repair, and 
painting activities that disturb lead-based paint

[[Page 18332]]

in target housing and child-occupied facilities.
    ``Target housing'' is defined in TSCA section 401 as any housing 
constructed before 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. The final RRP rule 
defines a child-occupied facility as a building, or a portion of a 
building, constructed prior to 1978, visited regularly by the same 
child, under 6 years of age, on at least two different days within any 
week (Sunday through Saturday period), provided that each day's visit 
lasts at least 3 hours and the combined weekly visits last at least 6 
hours, and the combined annual visits last at least 60 hours. Child-
occupied facilities may be located in public or commercial buildings or 
in target housing.
    The final RRP rule establishes requirements for training 
renovators, other renovation workers, and dust sampling technicians; 
for certifying renovators, dust sampling technicians, and renovation 
firms; for accrediting providers of renovation and dust sampling 
technician training; for renovation work practices; and for 
recordkeeping. Interested States, Territories, and Indian Tribes may 
apply for and receive authorization to administer and enforce all of 
the elements of the new renovation requirements. More information on 
the final RRP rule may be found in the Federal Register document 
announcing the final RRP rule (Ref. 1) or on EPA's website at http://
www.epa.gov/lead/pubs/renovation.htm.
    Many provisions of the final RRP rule were derived from the 
existing lead-based paint activities regulations at 40 CFR part 745, 
subpart L (Ref. 2). These existing regulations were promulgated in 1996 
under TSCA section 402(a), which defines lead-based paint activities in 
target housing as inspections, risk assessments, and abatements. The 
1996 regulations cover lead-based paint activities in target housing 
and child-occupied facilities, along with limited screening activities 
called lead hazard screens. These regulations established an 
accreditation program for training providers and a certification 
program for individuals and firms performing these activities. Training 
course accreditation and individual certification was made available in 
five disciplines: Inspector, risk assessor, project designer, abatement 
supervisor, and abatement worker. In addition, these lead-based paint 
activities regulations established work practice standards and 
recordkeeping requirements for lead-based paint activities in target 
housing and child-occupied facilities.
    A 2004 amendment to the lead-based paint activities regulations 
established notification procedures for certified professionals 
conducting lead-based paint abatement activities, and accredited 
training programs providing lead-based paint activities courses (Ref. 
3). Since the effective date of the 2004 amendment, accredited training 
programs have been required to notify EPA before providing initial or 
refresher lead-based paint activities training courses and again 
following completion of these training courses. Both notifications must 
include information about the course, while the post-course 
notification also must include identifying information on the 
successful trainees. These notification requirements were designed to 
facilitate compliance monitoring by EPA.
     The final RRP rule created two new training disciplines in the 
field of lead-based paint: Renovator and dust sampling technician. 
Persons who successfully complete renovator training from an accredited 
training provider are certified renovators, who are responsible for 
ensuring that renovations to which they are assigned are performed in 
compliance with the work practice requirements set out in 40 CFR 
745.85. Persons who successfully complete dust sampling technician 
training from an accredited training provider are certified dust 
sampling technicians, who may be called upon to collect optional dust 
samples after renovations have been completed.
    While the training disciplines, the work practice standards, and 
the recordkeeping requirements of the final RRP rule differ from those 
established in the lead-based paint activities regulations, EPA 
determined that the accreditation requirements imposed on persons 
providing lead-based paint activities training would also be effective 
for persons providing renovation training. Therefore, the final RRP 
rule amended 40 CFR 745.225 to cover persons who provide or wish to 
provide renovation training for the purposes of the final RRP rule.
    As amended, 40 CFR 745.225 requires training providers who wish to 
provide lead-based paint activities or renovation training for the 
purposes of the EPA's lead-based paint programs to be accredited by 
EPA. The requirements for each course of study are described in detail 
at 40 CFR 745.225 as are the operational requirements for training 
programs and the process for obtaining accreditation.

B. Post-Course Notifications

    While the final RRP rule amended 40 CFR 745.225(c)(13) to require 
pre-course notifications from accredited renovation training providers, 
a similar amendment to 40 CFR 745.225(c)(14), the post-course 
notification requirement, was inadvertently omitted. EPA, therefore, is 
proposing to amend 40 CFR 745.225(c)(14) to require post-course 
notifications from accredited providers of renovator or dust sampling 
technician training. These include conforming changes to 40 CFR 
745.225(c)(14)(iii) to make it clear that all methods of post-course 
notification are available to both renovation training providers and 
lead-based paint activities training providers.
    The post-course notification requirement is particularly critical 
for implementation of the final RRP rule, because EPA determined that 
it was not necessary for renovators or dust sampling technicians to 
apply to EPA to obtain their certifications. A successful trainee's 
course completion certificate serves as his or her certification. In 
contrast, lead-based paint inspectors, risk assessors, project 
designers, and abatement supervisors and workers must all apply to EPA 
for certification before they can perform lead-based paint activities 
such as inspections or abatements in target housing and child-occupied 
facilities. The individual application process and requirements are 
described in 40 CFR 745.226(a). In promulgating the final RRP rule, EPA 
decided not to require renovators and dust sampling technicians to 
apply to EPA for certification for several reasons. The final RRP rule 
did not require any additional education or work experience for 
renovators or dust sampling technicians, so there would be no 
additional information necessitating EPA review in connection with an 
application. In addition, the final RRP rule did not impose a third-
party examination similar to that required for inspector, risk 
assessor, or supervisor certification candidates, so there would be no 
need for EPA to provide letters admitting candidates to testing. 
Finally, EPA stated specifically in the preamble to both the RRP 
proposed rule and final rule that EPA would receive course completion 
information from accredited renovation training course providers (Ref. 
1 at 21723 and Ref. 4 at 1608). Both preambles note that with this 
information, EPA will have a complete list of certified renovators and 
will be able to check to see if a particular course completion 
certificate holder appeared on a course completion list submitted by 
the training course provider identified on the certificate. When EPA

[[Page 18333]]

inspects a renovation job for compliance with these regulations, EPA 
will have the ability to verify, to the same extent, the validity of a 
course completion certificate held by a renovator at that job, because 
the final RRP rule requires certified renovators and dust sampling 
technicians to have copies of their course completion certificates at 
any job sites where they are working. In fact, two commenters supported 
EPA's approach and specifically mentioned post-course notifications 
from training providers as a way to monitor compliance with the 
training and certification requirements (Refs. 5 and 6). One thought 
that it would also reduce paperwork for both renovators and the Agency 
(Ref. 5). EPA requests comment on the feasibility and appropriateness 
of these post-course notification requirements for accredited providers 
of renovator or dust sampling technician training.

C. Digital Photographs of Successful Trainees

    EPA's proposed amendment to 40 CFR 745.225(c)(14) to require post-
course notifications from accredited renovator or dust sampling 
technician training providers would also include the requirement to 
submit digital photographs of each successful trainee as part of each 
post-course notification. Some commenters on the proposed RRP rule 
expressed reservations about EPA's ability to monitor compliance with 
the renovation training and certification requirements absent a formal 
certification application process. A number of commenters suggested a 
photographic identification card be issued to successful renovator and 
dust sampling technician trainees as a way to improve the Agency's 
ability to monitor compliance. EPA intended to adopt the alternative 
suggested by one commenter, that of requiring training providers to 
include a photograph of the trainee on each course completion 
certificate and to submit those photographs to EPA (Ref. 7). EPA noted 
that this would assist compliance inspectors in determining whether a 
particular individual at a work site had in fact successfully completed 
accredited training (Ref. 1 at 21723, 21726). The final RRP rule did 
amend 40 CFR 745.225(c)(8) to require renovator and dust sampling 
technician course completion certificates to bear a photograph of the 
trainee.
    The final RRP rule also amended 40 CFR 745.225(c)(14) to require 
training providers to submit digital photographs of each successful 
trainee as part of their post-course notifications. However, language 
limiting the requirement to accredited providers of renovator or dust 
sampling technician training courses was inadvertently omitted from the 
final RRP rule. EPA did not intend for the requirement to apply to 
accredited providers of lead-based paint activities (inspector, risk 
assessor, project designer, and abatement supervisor and worker) 
training because, as part of the individual certification application 
process, EPA already receives photographs from individual certification 
candidates at or about the time that the individuals complete their 
training. These photographs are then incorporated into the 
certification documents that EPA issues to successful candidates and 
maintained in EPA's Federal Lead-based Paint Program database. This 
provides an independent verification of certification documents 
encountered by compliance inspectors in the field. Therefore, because 
an additional photograph submission is unnecessary, EPA is proposing to 
eliminate the requirement that accredited providers of lead-based paint 
activities training submit a digital photograph of each successful 
trainee along with their post-course notifications. EPA requests 
comment on the feasibility and appropriateness of requiring accredited 
training providers, whether they provide renovation or lead-based paint 
activities training, to submit digital photographs of successful 
trainees along with post-course notifications.

D. Effective Date

    EPA is proposing to find under the Administrative Procedure Act 
(APA), 5 U.S.C. 553(d)(3), that good cause exists to dispense with the 
30-day delay in the effective date of the final rule that EPA intends 
to promulgate based upon this proposed rule. It is critically important 
to establish a post-course notification requirement for renovation 
training providers before the first accredited training courses are 
offered. Renovation training course providers may begin submitting 
their applications for accreditation on April 22, 2009. While it is 
likely to take some time for EPA to process these applications and 
issue accreditations, training providers may begin providing training 
as soon as they receive their accreditation. As discussed, this 
information is essential to EPA's ability to monitor compliance with 
the training and certification requirements of the final RRP rule. If 
accredited training courses are offered before the notification 
requirement is made effective, EPA will not receive a record of the 
persons who have become certified renovators or dust sampling 
technicians through those courses and EPA will be unable to 
independently verify the validity of course completion certificates 
held by these individuals when one is encountered during a compliance 
inspection. In addition, delaying the effective date could mean that 
these individuals would not be part of EPA's database of certified 
renovators and dust sampling technicians unless and until they take a 
refresher course. Indeed, given the way the program is structured, it 
would be contrary to the public interest to not impose this requirement 
before training providers are accredited and begin training renovators 
and dust sampling technicians. The public has been on notice of EPA's 
intentions regarding the post-course notification requirement since EPA 
published the RRP proposed rule. In addition, the final RRP rule 
already requires that renovation and dust sampling technician training 
providers produce training certificates with the student's photograph. 
Thus, training providers must already have the capability to take and 
reproduce pictures of students. Accordingly, this is not a circumstance 
where fairness requires that the regulated community be given time 
beyond promulgation to prepare before a regulatory requirement becomes 
effective. EPA therefore proposes to find that there is good cause for 
a final rule making this change to be effective immediately upon 
publication in the Federal Register.
    Finally, EPA also believes that it is not in the public interest to 
impose unnecessary burdens such as the inadvertently created 
requirement for accredited lead-based paint activities training 
providers to submit digital photographs of successful trainees along 
with their post-course notifications to EPA. As discussed, EPA already 
receives photographs of these individuals at or about the time that 
these individuals complete their training. Requiring accredited 
training providers to also provide photographs of these individuals is 
redundant and unnecessary. EPA, therefore, proposes to find that there 
is good cause for a final rule making this change to be effective 
immediately upon publication in the Federal Register. EPA requests 
comment on whether an immediately effective final rule should be 
issued.

III. References

    1. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule. 
Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
    2. EPA. Lead; Requirements for Lead-based Paint Activities; Final 
Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-5389-9).

[[Page 18334]]

    3. EPA. Lead; Notification Requirements for Lead-Based Paint 
Abatement Activities and Training; Final Rule. Federal Register (69 FR 
18489, April 8, 2004) (FRL-7341-5).
    4. EPA. Lead; Renovation, Repair, and Painting Program; Proposed 
Rule. Federal Register (71 FR 1588, January 10, 2006) (FRL-7755-5).
    5. National Association of Homebuilders. May 25, 2006.
    6. State of Maine, Department of Environmental Protection. May 17, 
2006.
    7. State of Wisconsin, Department of Health and Family Services. 
May 23, 2006.
    8. EPA. Information Collection Request (ICR); final rule addendum 
to an existing EPA ICR, entitled TSCA Sections 402/404 Training and 
Certification, Accreditation, and Standards for Lead-Based Paint 
Activities. Docket ID Number EPA-HQ-OPPT-2005-0049-0925. March 2008.
    9. EPA, Office of Pollution Prevention and Toxics (OPPT). Economic 
Analysis for the TSCA Lead Renovation, Repair, and Painting Program 
Final Rule for Target Housing and Child-Occupied Facilities. March 
2008.
    10. EPA, OPPT. Economic Analysis for the TSCA Section 402 Lead-
Based Paint Program Accreditation and Certification Fee Rule. March 
2009.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993) it has been determined that this 
is not a ``significant regulatory action'' subject to review by the 
Office of Management and Budget (OMB). However, the costs of the 
requirement that accredited renovator and dust sampling technician 
training providers submit post-course notifications were accounted for 
in the ICR addendum prepared for the final RRP rule (Ref. 8). Those 
costs were estimated to be $347,720 in the first year that the post-
course notification requirement is in effect, $67,896 in the second 
year, and $67,489 in the third year. The costs for these providers to 
take a digital photograph of each trainee, include it in the trainee's 
course completion certificate, and forward it to EPA were estimated to 
be $2 per trainee in the economic analysis for the final RRP rule (Ref. 
9). The economic analysis also estimated that there would be 235,916 
trainees in the first year that the accreditation and training 
requirements are in effect, 78,316 in the second year, and 77,995 in 
the third year. This results in an estimated cost for the digital 
photograph requirement of $471,832 in the first year, $156,632 in the 
second year, and $155,990 in the third year. The costs for accredited 
lead-based paint activities training providers to take digital 
photographs of successful trainees and submit them to EPA were not 
directly estimated, because EPA did not intend to impose this 
requirement. However, these costs can be calculated using the $2 per 
trainee figure along with the annual number of lead-based paint 
activities certification and re-certification applications received by 
EPA that was estimated for an economic analysis prepared for a separate 
rulemaking (Ref. 10). That economic analysis estimated that EPA would 
receive, on an annual basis, 1,534 certification applications and 626 
re-certification applications. This results in an estimated annual cost 
for the digital photograph requirement for accredited lead-based paint 
activities training providers of $4,320. Because this proposed rule 
eliminates the digital photograph requirement for accredited lead-based 
paint activities training providers, this amount represents a cost 
savings.

B. Paperwork Reduction Act

    This regulatory action does not contain any information collection 
requirements that require additional approval by OMB under the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The information 
collection referenced in this proposed rule (i.e., the post-course 
notification requirement in 40 CFR 745.225) has already been approved 
by OMB under control number 2070-0155 (EPA ICR  1715.10) (Ref. 
8). EPA does not believe that this proposed rule has any impact on the 
existing burden estimate or collection description, such that 
additional approval by OMB is necessary.
    Burden under PRA means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, disclose 
or provide information to or for a Federal agency. This includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations codified in 40 CFR chapter I, after appearing in the 
preamble of the final rule, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the APA or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined in accordance with section 601 
of RFA as:
    1. A small business as defined by the Small Business 
Administration's (SBA) regulations at 13 CFR 121.201.
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district, or special district with a 
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise which 
is independently owned and operated and is not dominant in its field.
    The impacts of the post-course notification requirement on small 
entities who become accredited to provide renovator or dust sampling 
technician training courses were specifically addressed and accounted 
for during the development of the final RRP rule. As provided for in 
section 605 of RFA, the post-course notification requirements being 
proposed are so closely related to the final RRP rule that EPA 
considers them and the analysis prepared and the other actions taken by 
EPA in connection with the final RRP rule to be one rule for the 
purposes of sections 603 and 604 of RFA. Accordingly, in order to avoid 
duplicative action, EPA is relying on the analysis EPA prepared for the 
final RRP rule as well as the other actions that EPA took in developing 
the final RRP rule to satisfy its obligations under RFA for this 
proposed rule. A description of the Agency's activities pursuant to RFA 
is found in the preamble to the final RRP rule (Ref. 1 at 21752). 
Specifically, pursuant to section 603 of RFA, EPA

[[Page 18335]]

prepared an initial regulatory flexibility analysis (IRFA) for the 
proposed RRP rule and convened a Small Business Advocacy Review Panel 
to obtain advice and recommendations of representatives of the 
regulated small entities on a range of issues, including training 
provider accreditation. As required by section 604 of RFA, the Agency 
also prepared a final regulatory flexibility analysis (FRFA) for the 
final RRP rule. The post-course notification requirements being 
proposed were included in costs analyzed in the IRFA and the FRFA for 
the final RRP rule. The FRFA also addressed the issues raised by public 
comments on the IRFA. As part of that analysis, EPA determined that 
including a digital photograph in the notification would not be an 
added cost to training providers because the cost would be recouped as 
part of the fee charged for the course. Thus, this requirement would 
not have a significant impact on any training providers. Accordingly, 
the impacts of the post-course notification requirements on small 
entities that become accredited to provide renovator or dust sampling 
technician training courses have been adequately addressed for purposes 
of RFA.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 of 
UMRA do not apply when they are inconsistent with applicable law. 
Moreover, section 205 of UMRA allows EPA to adopt an alternative other 
than the least costly, most cost-effective, or least burdensome 
alternative if the Administrator publishes with the final rule an 
explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including Tribal governments, it 
must have developed under section 203 of UMRA a small government agency 
plan. The plan must provide for notifying potentially affected small 
governments, enabling officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    Under Title II of UMRA, EPA has determined that this proposed rule 
does not contain a Federal mandate that may result in expenditures that 
exceed the inflation-adjusted UMRA threshold of $100 million by State, 
local, or Tribal governments or the private sector in any 1 year. In 
addition, this proposed rule does not contain a significant Federal 
intergovernmental mandate as described by section 203 of UMRA nor does 
it contain any regulatory requirements that might significantly or 
uniquely affect small governments.

E. Executive Order 13132

    Pursuant to Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999), EPA has determined that this proposed rule 
does not have ``federalism implications,'' because it will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to this proposed rule. Nevertheless, in the spirit of the 
objectives of this Executive Order, and consistent with EPA policy to 
promote communications between the Agency and State and local 
governments, EPA consulted with representatives of State and local 
governments during the rulemaking process for the RRP rule. These 
consultations are as described in the preamble to the 2006 RRP proposed 
rule (Ref. 4).

F. Executive Order 13175

    As required by Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (59 FR 22951, November 9, 
2000), EPA has determined that this proposed rule does not have tribal 
implications because it will not have substantial direct effects on 
Tribal governments, on the relationship between the Federal Government 
and the Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes, as 
specified in the Executive Order. Thus, Executive Order 13175 does not 
apply to this proposed rule. Although Executive Order 13175 does not 
apply to this proposed rule, EPA consulted with Tribal officials and 
others by discussing potential renovation regulatory options at several 
national lead program meetings hosted by EPA and other interested 
Federal agencies.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997) does not apply to this proposed rule because it is not an 
``economically significant regulatory action'' as defined by Executive 
Order 12866. While the environmental health or safety risk addressed by 
the RRP rule does have a disproportionate effect on children, this 
proposed rule merely covers administrative requirements for accredited 
training providers and does not directly address environmental health 
or safety risks.
    EPA has evaluated the environmental health or safety effects of 
renovation, repair, and painting projects on children. Various aspects 
of this evaluation are discussed in the preamble to the proposed RRP 
rule (Ref. 4). The primary purpose of the final RRP rule is to minimize 
exposure to lead-based paint hazards created during renovation, repair, 
and painting activities in housing where children under age 6 reside 
and in housing or other buildings frequented by children under age 6. 
In the absence of the final RRP rule, adequate work practices are not 
likely to be employed during renovation, repair, and painting 
activities. EPA's analysis indicates that there will be approximately 
1.4 million children under age 6 affected by the final RRP rule. These 
children are projected to receive considerable benefits due to the 
final RRP rule.

H. Executive Order 13211

    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211, entitled Actions Concerning 
Regulations that Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001) because it is not likely to have any 
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    This regulatory action does not involve any technical standards 
that would require Agency consideration of

[[Page 18336]]

voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, 12(d) (15 U.S.C. 272 note). Section 12(d) of NTTAA directs EPA 
to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures, 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. NTTAA requires EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.

J. Executive Order 12898

    Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994) establishes Federal 
executive policy on environmental justice. Its main provision directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    While EPA has not assessed the potential impact of this proposed 
rule on minority and low-income populations, EPA did assess the 
potential impact of the final RRP rule as a whole. As a result of the 
final RRP rule assessment, contained in the economic analysis for the 
final RRP rule, EPA has determined that the final RRP rule will not 
have disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population (Ref. 9).

List of Subjects in 40 CFR Part 745

    Environmental protection, Child-occupied facility, Housing 
renovation, Lead, Lead-based paint, Renovation, Reporting and 
recordkeeping requirements.


    Dated: April 15, 2009.
Lisa P. Jackson,
Administrator.
     Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 745--[AMENDED]

     1. The authority citation for part 745 continues to read as 
follows:

    Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

     2. Section 745.225 is amended by revising paragraphs (c)(14) 
introductory text, (c)(14)(i), (c)(14)(ii)(D)(6), and (c)(14)(iii) to 
read as follows:


Sec.  745.225  Accreditation of training programs: target housing and 
child-occupied facilities.

* * * * *
     (c) * * *
     (14) The training manager must provide notification following 
completion of renovator, dust sampling technician, or lead-based paint 
activities courses.
     (i) The training manager must provide EPA notification after the 
completion of any renovator, dust sampling technician, or lead-based 
paint activities course. This notice must be received by EPA no later 
than 10 business days following course completion.
     (ii) * * *
     (D) * * *
     (6) For renovator or dust sampling technician courses only, a 
digital photograph of the student.
* * * * *
     (iii) Notification must be accomplished using any of the following 
methods: Written notification, or electronically using the Agency's 
Central Data Exchange (CDX). Written notification following training 
courses can be accomplished by using either the sample form, entitled 
Training Course Follow-up or a similar form containing the information 
required in paragraph (c)(14)(ii) of this section. All written 
notifications must be delivered by U.S. Postal Service, fax, commercial 
delivery service, or hand delivery (persons submitting notification by 
U.S. Postal Service are reminded that they should allow 3 additional 
business days for delivery in order to ensure that EPA receives the 
notification by the required date). Instructions and sample forms can 
be obtained from the NLIC at 1-800-424-LEAD (5323), or on the Internet 
at http://www.epa.gov/lead.
* * * * *

[FR Doc. E9-9227 Filed 4-21-09; 8:45 am]

BILLING CODE 6560-50-S
