
[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27044-27048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11437]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OPPT-2011-0378; FRL-9303-6 ]


Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied 
Facilities; State of Washington. Notice of Self-Certification Program 
Authorization, Request for Public Comment, Opportunity for Public 
Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; program authorization, request for comments and 
opportunity for public hearing.

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

SUMMARY: This notice announces that on March 16, 2011, the State of 
Washington was deemed authorized under section 404(a) of the Toxic 
Substances Control Act (TSCA), 15 U.S.C. 2684(a), to administer and 
enforce requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a 
lead-based paint pre-renovation education program in accordance with 
section 406(b) of TSCA, 15 U.S.C. 2686(b). This notice also announces 
that EPA is seeking comment during a 45-day public comment period, and 
is providing an opportunity to request a public hearing within the 
first 15 days of this comment period, on whether these Washington 
programs are at least as protective as the Federal programs and provide 
for adequate enforcement. This notice also announces that the 
authorization of the Washington 402(c)(3) and 406(b) programs, which 
were deemed authorized by regulation and statute on March 16, 2011, 
will continue without further notice unless EPA, based on its own 
review and/or comments received during the comment period, disapproves 
one or both of these Washington program applications on or before 
September 12, 2011.

DATES: Comments, identified by docket control number EPA-R10-OPPT-2011-
0378, must be received on or before June 24, 2011. In addition, a 
public hearing request must be submitted on or before May 25, 2011.

ADDRESSES: Comments and requests for a public hearing may be submitted 
by mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
important that you identify docket control number EPA-R10-OPPT-2011-
0378 in the subject line on the first page of your response.

[[Page 27045]]


FOR FURTHER INFORMATION CONTACT: Barbara Ross, Technical Contact, OAWT, 
Solid Waste &Toxics, AWT-128, United States Environmental Protection 
Agency, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, telephone 
number: (206) 553-1985; e-mail address: ross.barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing and 
child-occupied facilities in the State of Washington. Individuals and 
firms falling under the North American Industrial Classification System 
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131, 
e.g., General Building Contractors/Operative Builders, Renovation 
Firms, Individual Contractors, and Special Trade Contractors like 
Carpenters, Painters, Drywall workers and Plumbers, ``Home 
Improvement'' Contractors, as well as Property Management Firms and 
some Landlords are also affected by these rules. 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 here could also be affected. The 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. How Can I get additional information, including copies of this 
document or other related documents?

    1. Electronically: EPA has established an official record for this 
action under docket control number EPA-R10-OPPT-2011-0378. This docket 
may be accessed through http://www.regulations.gov. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Washington 402(c)(3) and 406(b) program 
authorization applications, any public comments received during an 
applicable comment period, and other information related to this 
action.
    2. In person: you may read this document, and certain other related 
documents, by visiting the Washington State Department of Commerce, 
Lead-Based Paint Program, 1011 Plum Street, SE., Olympia, WA 98504; 
contact person, Cynthia Sanderson--Manager Lead Programs, telephone 
number: (360) 725-2941 . You may also read this document, and certain 
other related documents, by visiting the United States Environmental 
Protection Agency (EPA) OAWT, Solid Waste & Toxics, AWT-128, 1200 Sixth 
Avenue, Seattle WA 98101. You should arrange your visit to the EPA 
office by contacting the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is important that 
you identify docket control number EPA-R10-OPPT-2011-0378 in the 
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. By mail or in person or by courier: Submit or deliver your 
comments and hearing requests to: Barbara Ross, Technical Contact, 
United States Environmental Protection Agency (EPA), OAWT, Solid Waste 
& Toxics, AWT-128, 1200 Sixth Avenue, Suite 900, Seattle WA 98101. The 
Regional office is open from 8 a.m. to 5 p.m., Monday through Friday, 
excluding legal holidays. The phone number for the office is (206) 553-
1985.
    3. Electronically: You may submit your comments and hearing 
requests electronically by e-mail to: ross.barbara@epa.gov, or mail 
your computer disk to the address identified above. Do not submit any 
information electronically that you consider Confidential Business 
Information (CBI). Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments and data will also be accepted on standard disks in Microsoft 
Word or ASCII file format.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
OPPT-2011-0378. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public 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 or 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 http://www.regulations.gov index. 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 either electronically 
in http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the 
agency?

    Do not submit this information to EPA through http://www.regulations.gov or e-mail. Clearly mark on each page 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 as CBI will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2. If you 
have any questions about CBI or the procedures for claiming CBI, please 
consult the technical person identified under FOR FURTHER INFORMATION 
CONTACT.

[[Page 27046]]

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

    You may find the following suggestions helpful for preparing your 
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, identify the docket control 
number assigned to this action in the subject line on the first page of 
your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that on March 16, 2011, the State of Washington 
was deemed authorized under section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), to administer and enforce requirements for a renovation, 
repair and painting program in accordance with section 402(c)(3) of 
TSCA, and a lead-based paint pre-renovation education program in 
accordance with section 406(b) of TSCA. This notice also announces that 
EPA is seeking comment and providing an opportunity to request a public 
hearing on whether the State programs are at least as protective as the 
Federal programs and provide for adequate enforcement. The 402(c)(3) 
program ensures that training providers are accredited to teach 
renovation classes, that individuals performing renovation activities 
are properly trained and certified as renovators, that firms are 
certified as renovation firms, and that specific work practices are 
followed during renovation activities. The 406(b) program ensures that 
owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are begun. On March 16, 2011, Washington submitted 
an application under section 404 of TSCA requesting authorization to 
administer and enforce requirements for a renovation, repair and 
painting program in accordance with section 402(c)(3) of TSCA, and a 
pre-renovation education program in accordance with section 406(b) of 
TSCA, and submitted a self-certification that these programs are at 
least as protective as the Federal programs and provide for adequate 
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), the Washington renovation program and pre-renovation 
education program are deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for 
public comment and opportunity for a public hearing on whether the 
State program application is at least as protective as the Federal 
programs and provides for adequate enforcement. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time and place of the hearing. The authorization 
of the Washington 402(c)(3) and 406(b) programs, which were deemed 
authorized by regulation and statute on March 16, 2011, will continue 
without further notice unless EPA, based on its own review and/or 
comments received during the comment period, disapproves one or both of 
these Washington program applications.

B. What is the agency's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute was the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 
2681-2692), entitled Lead Exposure Reduction. In the Federal Register 
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section 
402(c)(3) regulations governing renovation activities. The regulations 
require that in order to do renovation activities for compensation, 
renovators must first be properly trained and certified, must be 
associated with a certified renovation firm, and must follow specific 
work practice standards, including recordkeeping requirements. In 
addition, the rule prescribes requirements for the training and 
certification of dust sampling technicians. In the Federal Register of 
June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section 406(b) 
regulations governing pre-renovation education requirements in target 
housing. This program ensures that owners and occupants of target 
housing are provided information concerning potential hazards of lead-
based paint exposure before certain renovations are begun on that 
housing. In addition to providing general information on the health 
hazards associated with exposure to lead, the lead hazard information 
pamphlet advises owners and occupants to take appropriate precautions 
to avoid exposure to lead-contaminated dust and debris that are 
sometimes generated during renovations. EPA believes that regulation of 
renovation activities and the distribution of the pamphlet will help to 
reduce the exposures that cause serious lead poisonings, especially in 
children under age 6, who are particularly susceptible to the hazards 
of lead.
    Under section 404 of TSCA, a State may seek authorization from EPA 
to administer and enforce its own pre-renovation education program or 
renovation, repair and painting program in lieu of the Federal program. 
The regulations governing the authorization of a State program under 
both sections 402 and 406 of TSCA are codified at 40 CFR part 745, 
subpart Q. States that choose to apply for program authorization must 
submit a complete application to the appropriate regional EPA office 
for review. Those applications will be reviewed by EPA within 180 days 
of receipt of the complete application. To receive EPA approval, a 
State must demonstrate that its program is at least as protective of 
human health and the environment as the Federal program, and provides 
for adequate enforcement, as required by Section 404(b) of TSCA. EPA's 
regulations at 40 CFR part 745, subpart Q, provide the detailed 
requirements a State program must meet in order to obtain EPA approval. 
A State may choose to certify that its own pre-renovation education 
program or renovation, repair and painting program meets the 
requirements for EPA approval, by submitting a letter signed by the 
Governor or Attorney General stating that the program is at least as 
protective of human health and the environment as the Federal program 
and provides for adequate enforcement. Upon submission of such a 
certification letter, the program is deemed authorized pursuant to TSCA 
section 404(a) and 40 CFR 745.324(d)(2) and [15 U.S.C. 2864(b)]. This 
authorization becomes ineffective, however, if EPA disapproves the 
application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Washington's self-
certification application:

[[Page 27047]]

Scope of Rules

    Washington state laws, called Revised Code of Washington (RCW), 
gives the Department of Commerce, Lead-Based Paint Program authority to 
implement and administer the Federal Lead Renovation, Repair and 
Painting Rule in Washington to ensure that persons who perform lead-
based paint activities do so safely to prevent exposure of building 
occupants, especially children, to hazardous levels of lead. The 
Washington Administrative Code (WAC 365-230) adopted by the State of 
Washington to implement the statutes and the Lead Renovation, Repair 
and Painting Rule becomes effective March 16, 2011. The rule requires a 
person to be certified before performing, supervising, or offering to 
perform a lead-based paint activity involving target housing or a 
child-occupied facility built before 1978. Work practice standards are 
also prescribed, as well as reporting and recordkeeping requirements. 
In addition, no person may offer or conduct a lead training course 
represented as qualifying a person for certification unless the course 
is accredited by the Department and uses approved instructors.
    WAC 365-230 has been promulgated to incorporate the pre-renovation 
education distribution (PRE) and renovation, repair and painting (RRP) 
requirements for programs under the Environmental Protection Agency's 
regulations at 40 CFR part 745, subparts E and L. The Washington State 
Department of Commerce lead-based paint program regulates the following 
lead-based paint activities in target housing and child-occupied 
facilities built before 1978:
     Pre-renovation information distribution and renovation 
activities conducted for compensation.
     Lead hazard reduction, including abatement.
     Lead investigation, including dust, paint, soil sampling 
and onsite testing; clearance, inspection, hazard screen, risk 
assessment and elevated blood lead level investigation activities.

Applicability to Renovations

    The PRE and RRP provisions are described in WAC 365-230. These 
rules apply to renovations performed for compensation in target housing 
and child-occupied facilities, except when:
     The paint involved in the renovation is determined to be 
lead-free by a certified lead inspector, risk assessor or by a 
certified renovator using an EPA-recognized test kit.
     The work is minor repair or maintenance.
     The work is renovation not performed for compensation and 
no other conditions requiring certification exist.
     The work is renovation performed by the homeowner in the 
owner's owner-occupied unit. Emergency renovations are exempt from 
certain provisions, including the PRE requirements, but not from 
cleaning and post renovation cleaning verification.

Accreditation of Training Courses

    Training course accreditation is described in WAC 365-230-040. A 
person wishing to offer a course leading to certification, including 
lead-safe renovator and dust sampling technician initial or refresher 
courses, must submit a complete application with course materials and 
fee to the Department of Commerce. The course must cover all curriculum 
requirements identified in WAC 365-230-050. Courses deemed to meet all 
requirements are granted full approval and may renew their 
accreditations at 4-year intervals.

Pre-Renovation Education Requirements

    The PRE requirements are described in detail at WAC 365-230-320. 
Renovation firms must:
     Provide the pamphlet, Renovate Right, to owners and 
occupants of target housing and to owners, operators and parents or 
guardians in child-occupied facilities before beginning renovation 
work.
     Obtain signature(s) acknowledging receipt of pamphlet, or 
other proof of delivery.
     Post information in child-occupied facilities and multi-
family housing.

Renovation, Repair and Painting Requirements

Certified Firms Requirements
    WAC 365-230-360 describes requirements for certification of firms.
    Firms must submit an application and pay a fee for certification. 
Firms must:
     Assign a certified lead-safe renovator to oversee each 
renovation project.
     Use only a certified renovator and certified renovator-
trained workers to perform renovations.
     Ensure the use of lead-safe work practices and that 
prohibited practices are not used.
     Meet the pre-renovation education requirements.
     Create and maintain required records.
Certified Renovator Requirements
    WAC 365-230-380 describes requirements for certification of 
renovators.
    Certified renovator responsibilities are described at WAC 365-230-
330 and WAC 365-230-340. To be certified as a lead-safe renovator, an 
individual must complete a one-day lead-safe renovation course taught 
by an accredited training provider. Certified renovators must:
     Provide training to untrained workers on the lead-safe 
work practices to be used.
     Be onsite to conduct or oversee posting of signs, 
containment setup, and final cleaning.
     Be onsite regularly to direct and ensure ongoing 
maintenance of containment barriers and use of lead-safe work 
practices.
     Be available onsite during work or by telephone to return 
immediately to the worksite.
     Be in possession of a valid, unexpired certification card/
certificate when at the jobsite.
     Personally conduct the post-renovation cleaning 
verification.
     Prepare required renovation records.
Certified Lead Sampling Technician Requirements
    WAC 365-230-380 describes requirements for certification of dust 
sampling technicians. Lead sampling technicians may conduct clearance 
after renovation, or clearance after lead abatement provided that a 
certified risk assessor or lead inspector approves the work of the dust 
sampling technician per HUD 24 CFR Part 35.1340 (b)(1)(i). A lead 
sampling technician must complete a one-day lead sampling course taught 
by an accredited training provider. Sampling technicians must:
     Complete clearance requirements, including collecting and 
sending dust-wipe samples to a recognized lab.
     Interpret laboratory results and prepare a clearance 
report for the contractor and owner.
     Be in possession of a valid, unexpired certification card 
when conducting regulated work.
Renovation Work Practice Requirements
    Renovation work practices are described at WAC 365-230-330. Workers 
must follow documented methodologies to protect occupants from lead 
hazards created during renovations, including:
     Posting warning signs, containing work areas, protecting 
furnishings and cleaning.
     Prohibitions on using certain dangerous work practices, 
including: open-flame burning or torching, operating a heat gun over 
1100[ordm] F, using a high speed machine to remove paint without a 
HEPA-filtered exhaust system,

[[Page 27048]]

using an improperly operating HEPA vacuum, and dry sweeping in the work 
area.
     Proper handling and transporting of waste.
     Final visual inspection and post renovation cleaning 
verification using prescribed protocol.
Renovation Recordkeeping Requirements
    Recordkeeping requirements for renovations are described in detail 
at WAC 365-230-340. The renovation company must maintain records of its 
regulated activities for 3 years, including:
     Any paint testing results.
     Copies of signed pamphlet acknowledgements forms or other 
documentation of delivery.
     Documentation and certification that renovation 
requirements were followed.
     Individual worker training records.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate, 
or fail or refuse to comply with, any requirement of an approved State 
program. Therefore, EPA reserves the right to exercise its enforcement 
authority under TSCA against a violation of, or a failure or refusal to 
comply with, any requirement of an authorized State program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a State or Indian Tribal renovation, repair 
and painting program, and/or a lead-based paint pre-renovation 
education program, after notice and opportunity for corrective action, 
if the program is not being administered or enforced in compliance with 
standards, regulations, and other requirements established under the 
authorization. The procedures U.S. EPA will follow for the withdrawal 
of an authorization are found at 40 CFR 745.324(i).

List of Subjects

    Department of Commerce, State of Washington, Ecology, Lead, 
Renovation, Renovation work practice standards, Renovation training, 
Renovation certification, Renovation notification, Reporting and record 
keeping requirements.

    Dated: May 2, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2011-11437 Filed 5-9-11; 8:45 am]
BILLING CODE 6560-50-P


