
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27906-27908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11316]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2010-0173; FRL-9385-6]
RIN 2070-AJ56


Lead; Renovation, Repair, and Painting Program for Public and 
Commercial Buildings; Notice of Public Meeting and Reopening of Comment 
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting and reopening of comment period.

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

SUMMARY: In 2010, EPA issued an advance notice of proposed rulemaking 
(ANPRM) concerning renovation, repair, and painting activities in 
public and commercial buildings. EPA is in the process of determining 
whether these activities create lead-based paint hazards, and, for 
those that do, developing certification, training, and work practice 
requirements as directed by the Toxic Substances Control Act (TSCA). 
This document announces a public meeting on June 26, 2013, and reopens 
the comment period for the December 31, 2012 Federal Register document 
to allow for additional data and other information to be submitted by 
the public and interested stakeholders.

DATES: The public meeting will be held on June 26, 2013, from 8:30 a.m. 
to 12:30 p.m. Requests to participate in the meeting must be received 
on or before June 3, 2013.
    To request accommodation of a disability, please contact the 
technical person listed under FOR FURTHER INFORMATON CONTACT, 
preferably at least 10 days prior to the meeting, to give EPA as much 
time as possible to process your request.
    Comments must be received on or before July 12, 2013. For 
additional information on timeframes for submission of comments, see 
Unit II. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: The meeting will be held at the Environmental Protection 
Agency, Room 1153, EPA East Bldg., 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.
    Requests to participate in the meeting, identified by docket 
identification (ID) number EPA-HQ-OPPT-2010-0173, must be submitted to 
the technical person listed under FOR FURTHER INFORMATION CONTACT.
    Submit your comments, identified by docket ID number EPA-HQ-OPPT-
2010-0173, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Hans Scheifele, National Program Chemicals Division (7404T), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-3122; email address: scheifele.hans@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This document is directed to the public in general. However, you 
may be potentially affected by this action if you manage or perform 
renovations, repairs, or painting activities on the exterior or 
interior of public buildings or commercial buildings. The following 
list of North American Industrial Classification System (NAICS) codes 
is not intended to be exhaustive, but rather provides a guide to help 
readers determine whether this document applies to them. Other types of 
entities not listed may also be affected. Potentially affected entities 
may include:
     Building construction (NAICS code 236), e.g., commercial 
building construction, industrial building construction, commercial and 
institutional building construction, building finishing contractors, 
drywall and insulation contractors, painting and wall covering 
contractors, finish carpentry contractors, other building finishing 
contractors.
     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 non-
residential buildings and dwellings, non-residential property managers.
     Other general government support (NAICS code 921), e.g., 
general services

[[Page 27907]]

departments, public property management services, government.
    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. How can I get copies of this document and other related information?

    The docket for this action, identified by docket ID number EPA-HQ-
OPPT-2010-0173, is available at http://www.regulations.gov or at the 
Office of Pollution Prevention and Toxics Docket (OPPT Docket), 
Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., 
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify this document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. Follow the detailed instructions as provided 
under ADDRESSES.
    iii. Respond to specific questions posed by the Agency.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used or that would substantiate your concern.
    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 by the Agency and others.
    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 in this document.

II. Background

    Title IV of TSCA, 15 U.S.C. 2681 et seq., was enacted to assist the 
Federal Government in reducing lead exposures, particularly those 
resulting from lead-based paint. Section 402(c)(3) of TSCA specifically 
requires EPA to revise its Lead-based Paint Activities Regulations 
(Ref. 1), promulgated under TSCA section 402(a), to apply to those 
renovation and remodeling activities in target housing, public 
buildings constructed before 1978, or commercial buildings that create 
lead-based paint hazards. In April 2008, EPA issued the final Lead 
Renovation, Repair, and Painting (RRP) Rule under TSCA section 
402(c)(3) (Ref. 2). The RRP Rule covers renovation, repair, and 
painting activities in target housing, which is most pre-1978 housing, 
and child-occupied facilities, defined in the rule as a subset of 
public and commercial buildings in which young children spend a 
significant amount of time.
    Shortly after the RRP Rule was published, several lawsuits were 
filed challenging the rule, asserting, among other things, that EPA 
violated TSCA section 402(c)(3) by failing to address renovation 
activities in public and commercial buildings. These lawsuits (brought 
by environmental and children's health advocacy groups as well as a 
homebuilders association) were consolidated in the Circuit Court of 
Appeals for the District of Columbia Circuit. EPA engaged in collective 
settlement negotiations with all the parties and on August 24, 2009, 
EPA entered into an agreement with environmental and children's health 
advocacy groups in settlement of their lawsuits (Ref. 3). Shortly 
thereafter, the homebuilders association voluntarily dismissed its 
challenge to the rule. As part of this settlement agreement, EPA agreed 
to commence rulemaking to address renovations in public and commercial 
buildings, other than child-occupied facilities, to the extent such 
renovations create lead-based paint hazards. As an initial step, EPA 
issued an ANPRM in the Federal Register on renovations in public and 
commercial buildings on May 6, 2010 (Ref. 4).
    The settlement agreement has been amended and modified several 
times primarily to extend deadlines in the agreement, with the most 
recent amendment having been entered into by the parties on September 
7, 2012. Under the terms of the amended settlement agreement, the date 
by which EPA has agreed to either sign a proposed rule covering 
renovation, repair, and painting activities in public and commercial 
buildings, or determine that these activities do not create lead-based 
paint hazards, is July 1, 2015. If EPA publishes a proposed rule in the 
Federal Register, EPA agrees to take final action on or before the date 
18 months after the proposed rule has published.
    In addition, EPA agreed to hold a public meeting on or before July 
31, 2013, and offer an opportunity for stakeholders and other 
interested members of the public to provide data and other information 
that EPA may use in making its regulatory determinations. On December 
31, 2012, EPA announced its intention to hold a public meeting on 
public and commercial building renovations and opened a comment period 
to offer interested stakeholders another opportunity to provide 
information and data that EPA could use to make regulatory decisions in 
this area (Ref. 5). EPA specifically requested information on the 
following:
    1. The manufacture, sale, and uses of lead-based paint after 1978.
    2. The use of lead-based paint on public and commercial buildings.
    3. The frequency and extent of renovations of public and commercial 
buildings.
    4. Work practices used to renovate public and commercial buildings.
    5. Dust generation and transportation from exterior and interior 
renovations of public and commercial buildings.
    With this document, EPA is announcing that the public meeting will 
be held on June 26, 2013, from 8:30 a.m. to 12:30 p.m. at the location 
provided under ADDRESSES. EPA has developed a discussion guide for the 
meeting that includes a description of the information received during 
the comment period earlier this year. The discussion guide has been 
placed in the docket for this action, docket ID number EPA-HQ-OPPT-
2010-0173, and is available on EPA's Web site at http://www.epa.gov/lead/rrp/index.html. The discussion guide can also be obtained from the 
National Lead Information Center by calling 1-800-424-LEAD (5323) or 
from the technical person listed under FOR FURTHER INFORMATION CONTACT.

[[Page 27908]]

    EPA is also reopening the comment period for the December 31, 2012 
Federal Register document (Ref. 5) to allow interested parties to 
submit additional relevant information and data before the public 
meeting, although EPA is not planning to update the discussion guide to 
reflect any information submitted at this time. The reopened comment 
period will stay open through the public meeting on June 26, 2013, and 
continue to remain open until July 12, 2013 to accommodate written 
follow-up comments that participants or the general public wish to 
submit after the public meeting. Comments will be accepted regardless 
of whether the submitter participates in the public meeting.

III. References

    As indicated under ADDRESSES, a docket has been established for 
this document under docket ID number EPA-HQ-OPPT-2010-0173. The 
following is a list of the documents that are specifically referenced 
in this document. The docket includes these documents and other 
information including documents that are referenced within the 
documents that are included in the docket, even if the referenced 
document is not physically located in the docket. For assistance in 
locating these other documents, please consult the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

    1. EPA. Lead; Requirements for Lead-Based Paint Activities in 
Target Housing and Child-Occupied Facilities; Final Rule. Federal 
Register (61 FR 45778, August 29, 1996) (FRL-5389-9).
    2. EPA. Lead; Renovation, Repair, and Painting Program; Final 
Rule. Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
    3. EPA. Sierra Club, etc. Settlement, as amended and modified 
(2009, 2011, and 2012).
    4. EPA. Lead; Renovation, Repair, and Painting Program for 
Public and Commercial Buildings; Advance Notice of Proposed 
Rulemaking. Federal Register (75 FR 24848, May 6, 2010) (FRL-8823-
6).
    5. EPA. Lead; Renovation, Repair, and Painting Program for 
Public and Commercial Buildings; Request for Information and Advance 
Notice of Public Meeting. Federal Register (77 FR 76996, December 
31, 2012) (FRL-9373-7).

List of Subjects in 40 CFR Part 745

    Environmental protection, Buildings and facilities, Business and 
industry, Lead-based paint, Hazardous substances, Public and commercial 
buildings, Occupational safety and health, Renovation, Repair, and 
Painting Program (RRP), Safety.

    Dated: May 6, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2013-11316 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P


