[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67895-67898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24541]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R01-RCRA-2022-0802; 10223-01-R1]


Lead-Based Paint Renovation, Repair and Painting Activities in 
Target Housing and Child-Occupied Facilities; State of Vermont; Notice 
of Self-Certification Program Authorization

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This document announces that on October 1, 2022, the State of 
Vermont was deemed authorized under section 404(a) of the Toxic 
Substances Control Act (TSCA) to administer and enforce requirements 
for the lead-based paint pre-renovation education and renovation, 
repair and painting (RRP) program. This document also announces that 
the Environmental Protection Agency (EPA) is seeking comment during a 
45-day public comment period, and it is providing an opportunity to 
request a public hearing within the first 15 days of this comment 
period on whether Vermont's program is at least as protective as the 
federal program and provides for adequate enforcement. This document 
also announces that the authorization of the Vermont pre-renovation 
education and renovation, repair and painting program, which was deemed 
authorized by regulation and statute, will continue without further 
notice unless the EPA, based on its own review and/or comments received 
during the comment period, disapproves the Vermont program application.

DATES: Comments must be received on or before December 27, 2022. In 
addition, a public hearing request must be submitted on or before 
November 25, 2022.

[[Page 67896]]


ADDRESSES: You may submit comments, identified by Docket ID No. EPA-
R01-RCRA-2022-0802, at https://www.regulations.gov/. Follow the online 
instructions for submitting comments. Once submitted, comments received 
may be posted without change to https://www.regulations.gov/, including 
any personal information provided. For detailed instructions on sending 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Amanda Triebwasser, RCRA Corrective 
Action and TSCA Section; Land, Chemicals, and Redevelopment Division; 
U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-WI), 
Boston, MA 02109-3912; telephone number: 617-918-1758; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R01-RCRA-
2022-0802 at https://www.regulations.gov. Once submitted, comments 
cannot be edited or removed from the docket. The EPA may publish any 
comment received to its public docket. Do not submit to EPA's docket at 
https://www.regulations.gov any information you consider to be 
Confidential Business Information (CBI), Proprietary Business 
Information (PBI), or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the 
full EPA public comment policy; information about CBI, PBI, or 
multimedia submissions; and general guidance on making effective 
comments.

II. General Information

A. What action is the agency taking?

    The EPA is announcing that the State of Vermont was deemed 
authorized under section 404(a) of TSCA, 15 United States Code (U.S.C.) 
2684(a) and 40 CFR 745.324(d)(2), to administer and enforce 
requirements for an RRP program in accordance with section 402(c)(3) of 
TSCA, 15 U.S.C. 2682(c)(3) on October 1, 2022. 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. Vermont submitted an application under section 
404 of TSCA requesting authorization to administer and enforce 
requirements for an RRP program in accordance with section 402(c)(3) of 
TSCA. Vermont's application included self-certification that the 
program is at least as protective of human health and the environment 
as the federal program and provides for adequate enforcement. 
Therefore, pursuant to section 404(a) of TSCA and 40 CFR 745.324(d)(2), 
the Vermont RRP program is 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), the EPA is providing notice, 
opportunity for public comment and opportunity for a public hearing on 
whether the state program application and subsequent administrative 
rule changes are at least as protective as the federal program and 
provide for adequate enforcement. If a hearing is requested and 
granted, the EPA will issue a Federal Register notice announcing the 
date, time, and place of the hearing.

B. What is EPA's authority in 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. 2601-2695d) by adding Title IV (15 U.S.C. 2681-
2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008, the EPA 
promulgated the final TSCA section 402(c)(3) regulations governing 
renovation activities (73 FR 21692). These 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. The EPA believes that 
regulation of renovation activities 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 the 
EPA to administer and enforce its own RRP program in lieu of the 
federal program. The regulation governing the authorization of a state 
program under section 402 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 the 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 RRP 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). This authorization is 
withdrawn, however, if the EPA disapproves the application or withdraws 
the program authorization.

C. 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 Vermont. Individuals and 
firms falling under the North American Industrial Classification System 
(NAICS) codes in the table below may be affected by these rules.

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              NAICS code                          Description
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236118...............................  Residential Remodelers.

[[Page 67897]]

 
238210...............................  Electrical Contractors and Other
                                        Wiring Installation Contractors.
238310...............................  Drywall and Insulation
                                        Contractors.
238220...............................  Plumbing, Heating, and Air-
                                        Conditioning Contractors.
238320...............................  Painting and Wall Covering
                                        Contractors.
531110...............................  Lessors of Residential Buildings
                                        and Dwellings.
531311...............................  Residential Property Managers.
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    This table 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 notice could also be 
affected. 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.

III. State Program Description Summary

A. Vermont Program Summary

Components of the Vermont RRPM Program
    The Vermont program is based on the Vermont Regulations for Lead 
Control (VRLC) pursuant to the authority conferred Chapter 38 of the 
Vermont Statutes Annotated. Chapter 38 was amended in 2018 to provide 
the Vermont Department of Health with the authority to develop a 
program to administer and enforce the lead-based paint activities and 
renovation, repair, painting and maintenance (RRPM) activities. The 
VRLC, first promulgated in 2000 and last amended in 2021, provide the 
framework for RRPM-RRP activities.
Activities and Buildings Covered
    The VRLC cover RRPM activities in pre-1978 child-occupied 
facilities and target housing in Vermont, except zero-bedroom dwellings 
or dwellings reserved for the exclusive use of elderly or disabled, 
unless a child under six years of age resides or is expected to reside 
there.
    Unless the area of paint disturbed is less than 1 square foot of 
interior paint per room and less than 20 square feet of exterior paint, 
or 1 square foot or less of exterior paint for rental target housing 
and child-care facilities, and unless the work does not involve window 
replacement or demolition of painted surface areas, property owners are 
required to hire a licensed RRPM Firm that uses licensed RRPM 
Supervisors to conduct RRPM activities.
    Childcare operators can perform RRPM activities on their own 
childcare facilities if they have completed the RRPM Supervisor 
training and have been granted certification as an Uncompensated 
Childcare Operator by the Department of Health. Certification as an 
Uncompensated Childcare Operator has the same requirements as a 
Licensed Lead-Safe RRPM Firm, although Uncompensated Childcare 
Operators cannot provide RRPM activities for hire, and cannot provide 
on-the-job training or supervise RRPM activities.
Certification and Licensing Requirements
    Entities can be licensed by the Vermont Department of Health as a 
Lead-Safe RRPM Firm by applying on the forms provided by the 
Department, assuring that at least one employee is a Licensed Lead-Safe 
RRPM Supervisor, and identifying whether they have previously had any 
lead-related enforcement actions taken against them.
    Individuals can apply to the Department of Health for a Lead-Safe 
RRPM Supervisor license after successfully completing an 8-hour 
training from a Vermont-accredited training provider or a training 
provider accredited by EPA or an EPA RRP authorized state, provided the 
individual received the Vermont-specific training module and 
examination.
    To be certified by the Department of Health, an Uncompensated 
Childcare Operator must successfully complete the same training as the 
Licensed Lead-Safe RRPM Supervisor. The difference between the Lead-
Safe RRPM Supervisor license and the Uncompensated Childcare Operator 
certification is that the Certified Uncompensated Childcare Operator 
does not pay a fee and is issued a certificate rather than a license.
Training Course Accreditation Requirements
    To obtain accreditation for a lead-based paint training course, 
including the RRPM Supervisor course, training providers are required 
to submit detailed information to the Vermont Department of Health, 
including information about curriculum, teaching methods, equipment, 
and instructors. Vermont RRPM training requirements include: all work 
practices required by the EPA to safely handle lead-based paint (plus 
Vermont-specific elements); a mandatory hands-on component; and a 
closed-book examination, except for online refresher training courses. 
The Department will conduct an on-site observation and evaluation of 
the training course and contents, its instructors, equipment, and 
facilities or will review a representative video of the course for 
evaluation to ensure the course meets State criteria. Vermont's 
statutory authority allows for the revocation, modification or 
suspension of any permit issued by the Department, including an 
accreditation.
Information Distribution Requirements
    Vermont requires the Lead-Safe RRPM Firm or Certified Uncompensated 
Childcare Operator to distribute the Renovate Right pamphlet with a 
Vermont specific addendum to the owner and occupants of the property 
being renovated, repaired or painted, and parents or guardians of 
children in childcare facilities, no more than 60 days before RRPM 
activities are scheduled to be conducted.
    For RRPM activities affecting common areas in target housing or in 
child occupied facilities, informational signs that describe the 
general nature and locations of the RRPM activities and the anticipated 
completion date may be posted rather than provided in writing to 
affected occupants or parents/guardians. For work in common areas of 
target housing if the firm notified those affected in writing, the RRPM 
Firm or Certified Uncompensated Childcare Operator must provide a 
written notice to all owners and occupants if the scope and timeframe 
of the RRPM activities change.
Work Practice Standards
    RRPM work practice standards are found at VLRC 7.3. All RRPM 
activities shall be performed by a licensed lead-safe RRPM firm and 
supervised by a licensed lead-safe RRPM supervisor or by a certified 
uncompensated child-care operator. Once the RRPM activities begin, the 
Licensed Lead-Safe RRPM Supervisor or Certified Uncompensated Childcare 
Operator is responsible for ensuring that the site is secured and 
proper signage is posted to prevent exposure to occupants, 
contamination of

[[Page 67898]]

their belongings and dispersion of lead dust into other areas. 
Containment generally includes closing windows, sealing doors and 
ducts, covering floors/carpets and covering furniture left in the room. 
The RRPM Firm is required to have a Licensed Lead-Safe RRPM Supervisor 
on site at all times when RRPM work is underway. Once RRPM activities 
are complete, proper disposal of waste and a thorough cleaning of the 
area is required. Following cleaning, the Licensed Lead-Safe RRPM 
Supervisor or Certified Uncompensated Childcare operator is responsible 
for conducting a visual clearance and cleaning verification. Certain 
dangerous work practices found at VLRC 5.1.2 are also prohibited.
Record Keeping Requirements
    RRPM recordkeeping requirements are found at VLRC 7.4. All licensed 
Lead-Safe RRPM firms must retain records related to RRPM activities for 
a period of six years. Examples of records that shall be retained 
include: lead inspection reports, proof of pre-renovation education 
distribution, documentation of compliance with RRPM work practice 
activities, on-the-job training, and post renovation cleaning 
verification. If requested, the licensed RRPM firm or Uncompensated 
Child Care Operator must make all records documenting compliance 
available to the Department.
    The Vermont PRE and RRPM Programs meet or exceed all EPA program 
elements for protecting the public. Areas where Vermont's RRPM program 
will exceed EPA Requirements for protecting the public:
     The RRPM Firm is required to have a Licensed Lead-Safe 
RRPM Supervisor on site the entire time RRPM activities are being 
conducted.
     Vermont's definition of RRP-regulated building spaces 
includes all spaces generally accessible to residents/users/occupants/
guests including, but not limited to, hallways, stairways, porches, 
laundry and recreational rooms, playgrounds, community centers, 
boundary fences, basements, and sheds. This is more restrictive than 
the EPA definition.
     Vermont's threshold for what constitutes a minor RRPM 
activity on the interior (1 square foot per room) is lower than EPA's 
(6 square feet per room). Further, Vermont lowers the exterior minor 
RRPM activity threshold for childcare facilities and rental target 
housing to 1 square foot, as opposed to EPA's 20 square feet.
     Vermont does not allow for the use of test kits to 
determine lead-free status, but rather requires a licensed lead-based 
paint risk assessor to determine the presence of lead-based paint.

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).

David Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2022-24541 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P


