[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5299]


[[Page Unknown]]

[Federal Register: March 9, 1994]

BILLING CODE 3510-22-C
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Part II





Environmental Protection Agency





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40 CFR Part 745




Lead; Requirements for Hazard Education Before Renovation of Target 
Housing; Proposed Rule



Lead Hazard Information Pamphlet; Notice of Availability; Notice
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62131; FRL-4637-5]
RIN 2070-AC65

 
Lead; Requirements for Hazard Education Before Renovation of 
Target Housing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: As mandated by Title IV of the Toxic Substances Control Act, 
EPA proposes requirements to ensure that owners and occupants of target 
housing fully understand the potential hazards of lead-based paint 
exposure before certain renovations are begun on that housing. 
Specifically, before renovating target housing for compensation, 
renovators would be required to provide an EPA lead hazard information 
pamphlet to the owners and occupants of the housing. In addition to 
providing general information on the health hazards associated with 
lead, this information pamphlet would advise owners and occupants to 
take appropriate precautions to avoid exposures to lead-contaminated 
dust and lead-based paint debris that is sometimes generated during 
renovations.

DATES: Written comments in response to this proposed rule must be 
received on or before May 9, 1994. If persons request an opportunity 
for oral comment, EPA will consider holding an informal hearing in 
Washington, DC. The exact date, time, and location of such a hearing, 
if held, will be announced in the Federal Register. Requests for oral 
comment must be received by April 8, 1994. EPA will decide whether to 
hold such a hearing by April 28, 1994.

ADDRESSES: Submit three copies of all written comments to: TSCA 
Document Receipts (7407), Rm. NE-G99, Office of Pollution Prevention 
and Toxics, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. All comments on this proposed rule should be 
identified by the docket number OPPTS-62131. For further information 
regarding the submission of comments containing confidential business 
information, see Unit X of this preamble.

FOR FURTHER INFORMATION CONTACT: For general information contact: Susan 
B. Hazen, Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460, Telephone: 202-554-1404, TDD: 202-554-
0551. For technical information contact: Charles Franklin, Chemical 
Management Division (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, 
Telephone: 202-260-1781, Fax number: 202-260-0770.
SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    This proposed rule is issued under the authority of section 406(b) 
of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2686(b). TSCA was 
amended in 1992 to add Title IV, entitled Lead Exposure Reduction, by 
section 1021 of the Residential Lead-Based Paint Hazard Reduction Act 
of 1992, Pub. L. 102-550.

II. Background

A. Legal Background

    In 1992, Congress, recognizing the need to control the hazards of 
exposure to lead-based paint, passed the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, Pub. L. 102-550 (``the Act''). Congress 
recognized that lead-poisoning is a particular threat to children under 
age 6, and emphasized the needs of this vulnerable population within 
the Act. The stated purposes of the Act are: (1) To develop a strategy 
to build the infrastructure necessary to eliminate lead-based paint 
hazards in all housing as expeditiously as possible; (2) to reorient 
the national approach to the presence of lead-based paint in housing to 
implement, on a priority basis, a broad program to evaluate and reduce 
lead-based paint hazards in the Nation's housing stock; (3) to 
encourage effective action to prevent childhood lead-poisoning by 
establishing a workable framework for lead-based paint hazard 
evaluation and reduction and by ending the current confusion over 
reasonable standards of care; (4) to ensure that the existence of lead-
based paint hazards is taken into account in the development of 
Government housing policies and in the sale, rental, and renovation of 
homes and apartments; (5) to mobilize national resources expeditiously, 
through a partnership among all levels of government and the private 
sector, to develop the most promising, cost-effective methods for 
evaluating and reducing lead-based paint hazards; (6) to reduce the 
threat of childhood lead-poisoning in housing owned, assisted, or 
transferred by the Federal Government; and (7) to educate the public 
concerning the hazards and sources of lead-based paint poisoning and 
steps to reduce and eliminate such hazards (section 1003 of the Act).
    Actions under some sections of the Act are to be developed and 
administered by the Department of Housing and Urban Development (HUD), 
some by EPA, and some jointly accomplished by both agencies. Several of 
the sections call for EPA consultation with other Federal agencies. 
Section 1021 of the Act amends TSCA (15 U.S.C. 2601, et seq.) by adding 
Title IV, entitled ``Lead Exposure Reduction.''
    Today's proposed rule is issued under the authority of section 
406(b) of TSCA's Title IV. Section 406(b) directs EPA to issue 
requirements for the provision of a lead hazard pamphlet (developed 
under section 406(a)) to owners and occupants of target housing before 
persons performing renovation work for compensation begin such 
activities.
    Below is a more detailed discussion of several related provisions 
of the Act which provides context for many of the decisions made during 
the development of this proposed rule.
    Section 406(a) of TSCA requires EPA to publish, after consultation 
with HUD and the Department of Health and Human Services (HHS), and 
after notice and an opportunity for public comment, a pamphlet on lead 
and the hazards of exposure to lead-based paint in the home. The 
availability of this pamphlet for public comment is published elsewhere 
in this issue of the Federal Register. Following the 60-day comment 
period, EPA will incorporate comments as appropriate and announce the 
availability of the revised final version of the pamphlet in the 
Federal Register. In addition to outlining health effects and symptoms 
of lead exposure, section 406(a) requires that this pamphlet contain 
information on the potential hazards of renovating dwellings containing 
lead-based paint; recommend the performance of an inspection or risk 
assessment for lead-based paint before beginning renovations in target 
housing; suggest precautionary measures for protecting occupants during 
renovations in homes containing lead-based paint; and identify Federal, 
State, and local sources of information on lead and lead-based paint.
    Section 402(c)(1) of TSCA directs EPA to issue guidelines for the 
conduct of renovation and remodeling activities which may create a risk 
of exposure to dangerous levels of lead when performed in target 
housing, public buildings constructed before 1978, and commercial 
buildings.
    Section 401 of TSCA provides a general definition of a lead-based 
paint hazard. Congress directed EPA under section 403 to issue 
regulations defining this term more specifically.
    Section 404 of TSCA directs EPA to develop an application process 
for those States or Tribes which seek to administer and enforce the 
standards, regulations, and requirements established under sections 402 
and/or 406. Section 404 also directs EPA to develop and issue a Model 
State Program for use by States/Tribes pursuing authorization under 
these provisions. The authorization process for States and Tribes will 
be proposed by EPA in a separate rulemaking in the Federal Register, 
including specific definitions for the terms ``State'' and ``Tribe.'' 
This proposed rule does, however, include information on the model 
State/Tribal program for the provisions required under section 406.
    Two sections of the Residential Lead-Based Paint Hazard Reduction 
Act of 1992 also require the dissemination of EPA's lead hazard 
pamphlet that is being developed pursuant to section 406(a) of TSCA. 
First, section 1018 requires EPA and HUD to promulgate joint 
regulations for disclosure of lead-based paint hazards in target 
housing which is offered for sale or lease. The section 1018 
regulations include the requirement that the lead hazard pamphlet be 
given to prospective purchasers or lessees. Section 1018 requirements 
will be proposed by EPA and HUD in a joint rulemaking in a future issue 
of the Federal Register. Second, section 1012 amends section 302 of the 
Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4822) to require 
the provision of EPA's lead hazard information pamphlet to purchasers 
and tenants of Federally-assisted housing by the Secretary of HUD. The 
section 1021 requirements are being developed by HUD as a separate 
initiative.

B. Lead Background

    1. Lead and lead-based paint. Lead is a soft, bluish metallic 
element mined from rock and found in its natural state all over the 
world. Lead is virtually indestructible, is nonbiodegradable, and has 
been known since antiquity for its adaptability in making various 
useful items. In modern times it has been used to manufacture many 
different products, including paint, batteries, pipes, solder, pottery, 
and gasoline. From the turn of the century through the 1940's, paint 
manufacturers frequently used lead as a primary ingredient in many oil-
based interior and exterior house paints. Usage gradually decreased 
through the 1950's and 60's as latex paints (which are generally lead-
free) became more widespread. Although the Consumer Product Safety 
Commission (CPSC) banned lead-based paints from residential use in 1978 
(paint currently may not have greater than .06 percent lead by weight), 
HUD estimates that 75 percent of the houses built in the United States 
before 1978 contain some lead-based paint (Ref. 3). By current 
estimations, approximately 57 million homes may contain lead-based 
paint (Ref. 3). This lead-based paint may pose a potential hazard to 
the occupants under some conditions.
    2. Lead hazards. Lead affects virtually every system of the body. 
While it is harmful to individuals of all ages, lead exposure is 
especially harmful to children, fetuses, and women of childbearing age. 
Results of recent studies suggest that lead's adverse effects occur at 
blood-lead levels previously thought to be safe; in fact, there does 
not yet appear to be a discernable threshold for the adverse effects of 
lead on the young.
    Lead poisoning has been called ``the silent disease'' because its 
effects often occur gradually and imperceptibly, showing no obvious 
symptoms. Over time, low levels of lead in the bloodstream can cause 
learning disabilities, interfere with growth, cause permanent hearing 
and visual impairment, and cause other damage to the brain and nervous 
system. In large doses, lead can cause blindness, brain damage, 
convulsions, and even death. Lead exposure before or during pregnancy 
can also affect fetal development and cause miscarriages.
    In 1991, the Secretary of HHS characterized lead poisoning as the 
``number one environmental threat to the health of children in the 
United States''(Ref. 1).
    Although the percentage of children with elevated blood-lead levels 
has declined over the last 20 years with the reduction of lead in 
gasoline, millions of U.S. children still have levels of lead in their 
blood high enough to seriously threaten their health (Ref. 1).
    Lead-based paint poses a health threat through various routes of 
exposure. Children under age 6 may ingest lead-based paint chips from 
flaking walls, window wells, and doors. Lead from exterior house paint 
can flake off or leach into the soil around the outside of a home, 
contaminating children's playing areas. Dust caused during normal lead-
based paint wear (especially around windows and doors) can create an 
invisible film over surfaces in a house. In some cases, cleaning and 
renovation activities can actually increase the threat of lead-based 
paint exposure by dispersing fine lead dust particles in the air and 
over accessible household surfaces. Both adults and children can 
receive hazardous exposures by inhaling the fine dust or by ingesting 
paint-dust during hand-to-mouth activities.

III. Definitions

    To implement the section 406 requirements, a number of terms need 
to be defined. This section will provide the proposed regulatory 
definition first in quoted text followed by an explanation of the 
definition's source. Where possible, EPA has drawn definitions directly 
from Title IV of TSCA. In cases where the statute either failed to 
define terms necessary for the rule or did not provide a complete 
enough definition, EPA is proposing appropriate definitions, along with 
an explanation of their sources and discussion of relevant issues. EPA 
is accepting comment on all definitions not taken directly from the 
statute.
    Unless otherwise indicated, all definitions will be located in 
Subpart A at 40 CFR 745.3 (Definitions). Definitions not included in 
Subpart A would be applicable only to the specific subpart in which 
they appear, in this case, Subpart F.

    a. Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. 
260 et seq.

    b. Administrator means the Administrator of the Environmental 
Protection Agency.

    c. Common area means a portion of a building generally 
accessible to all residents/users including, but not limited to, 
hallways, stairways, laundry and recreational rooms, playgrounds, 
community centers, and boundary fences.

    EPA developed this definition by modifying a definition provided in 
HUD's September 1990, version of Lead-Based Paint: Interim Guidelines 
for Hazard Identification and Abatement in Public and Indian Housing. 
While EPA is proposing this definition for use under the section 406 
regulatory requirements, which only addresses target housing, this 
definition would potentially be applicable to other rulemakings 
required pursuant to TSCA Title IV and the Residential Lead Based Paint 
Hazard Reduction Act (Pub. L. 102-550). The modifications to HUD's 
definition were necessary to broaden the scope of ``common area'' to 
meet the requirements of other rulemakings which may refer to many 
types of buildings.

    d. Dwelling unit means a single, unified combination of rooms 
designed for use as a dwelling by one family.

    EPA is proposing to use the same definition promulgated by HUD in a 
final rule published in the Federal Register of August 17, 1993 (58 FR 
43522).

    e. EPA means the Environmental Protection Agency.

    f. Lead-based paint means paint or other surface coatings that 
contain lead in excess of 1.0 milligrams per centimeter squared or 
0.5 percent by weight or (A) in the case of paint or other surface 
coatings on target housing, such lower level as may be established 
by the Secretary of Housing and Urban Development as defined under 
section 302(c) of the Lead-Based Paint Poisoning Prevention Act, or 
(B) in the case of any other paint or surface coatings, such other 
level as may be established by the Administrator.
    This definition appears in section 401(9) of TSCA.

    g. Lead-based paint hazard means any condition that causes 
exposure to lead from lead-contaminated dust, lead-contaminated 
soil, lead contaminated paint that is deteriorated or present in 
accessible surfaces, friction surfaces, or impact surfaces that 
would result in adverse human health effects in pregnant women or 
young children.
    This definition appears in section 401(10) of TSCA.

    h. Multi-family housing means a housing property consisting of 
more than four dwelling units.

    EPA has drawn this definition from section 544 of Title V of the 
Community Housing and Development Act of 1992 (Pub. L. 102-550). The 
provisions of Title V are directed at HUD and do not specifically 
address EPA mandates. However, as EPA and HUD will both be involved in 
developing regulations involving lead-based paint in housing (including 
multi-family housing), EPA believes that its definition should be 
consistent with both current and future Federal lead-based paint 
regulations.

    i. Owner means any individual, partnership, corporation, or 
trusteeship that has legal right of possession of residential 
property, or any person legally authorized to represent that 
individual, partnership, corporation, or trusteeship.

    EPA intends to use this definition to clarify that the owner of the 
housing should be considered the individual possessing and managing a 
property, rather than a bank or other loan-related organization. EPA 
invites comment on this definition.

    j. Person means any natural person, firm, company, corporation, 
joint venture, partnership, sole proprietorship, association, or any 
other business entity, any State or political subdivision thereof, 
any municipality, any interstate body, any Indian tribe, and any 
department, agency, or instrumentality of the Federal government.

    EPA is proposing to use the same definition of person as used by 
EPA's Asbestos program in 40 CFR 763.63(1), (with the additional 
reference to Indian tribe) to clarify that these many types of entities 
are also regulated parties.

    k. Residential dwelling means (a) a single-family dwelling, 
including attached structures such as porches and stoops, or (b) a 
single-family dwelling unit in a structure that contains more than 
one separate residential dwelling unit, and in which each such unit 
is used or occupied, or intended to be used or occupied, in whole or 
in part, as the home or residence of one or more persons.

    This definition appears in section 401(14) of TSCA.

    l. State has the same meaning as in section 3 of the Toxic 
Substances Control Act.

    m. Target housing means any housing constructed prior to 1978, 
except 0-bedroom dwellings, or housing for the elderly or persons 
with disabilities (unless any child who is less than 6 years of age 
resides or is expected to reside in the dwelling). In the case of 
jurisdictions which banned the sale or use of lead-based paint prior 
to 1978, the Secretary of Housing and Urban Development, at the 
Secretary's discretion, may designate an earlier date.

    This definition is provided in section 401(17) of TSCA. The Act 
excludes housing constructed after 1978 since lead-based paint was 
banned by CPSC from all residential use after that date.
    EPA interprets the term ``0-bedroom dwelling'' to mean any dwelling 
in which the living area is unseparated from the sleeping area. Under 
this definition, efficiencies and studio apartments, loft space, and 
single-room dormitory units would be exempt from the requirements of 
this proposed rule unless children under 6 years of age reside or may 
reside in the unit.
    As directed in the statute, the exclusions for 0-bedroom dwelling, 
elderly housing, and handicapped housing do not apply to any housing in 
which children under 6 years old reside or are expected to reside.
    EPA also considered whether Congress intended to include hotels, 
motels, inns, and other commercial lodging facilities in the term 
``housing.'' Although not specifically stated, EPA believes it is 
reasonable to interpret that Congress' intent was to distinguish 
residential housing from commercial lodging facilities. Specifically, 
the definition of target housing intends to capture housing designed 
for long-term or continuous residence (e.g., apartments, condominiums, 
and houses), as opposed to lodging facilities offering temporary 
accommodations (e.g., hotels and motels). Given the high frequency and 
short duration of transactions, EPA believes it is impractical to apply 
the requirements of this subpart to rental transactions in motels, 
hotels, and other commercial lodging facilities. In cases where 
families with children under 6 years of age might rent or purchase such 
units as long-term residences, however, EPA believes it is consistent 
with the statute for those establishments to be considered target 
housing under this subpart's requirements.
    EPA requests comment on this definition as it relates to the 
requirements under section 406 of TSCA.

    n. TSCA means the Toxic Substances Control Act (15 U.S.C. et 
seq.)

    This definition appears in section 401(9) of TSCA.

    o. Renovation means the modifying of any existing structure, or 
portion thereof, where exposure to the hazards of lead-based paint 
may result, unless the activity is performed as part of a lead 
abatement program by a certified contractor, or unless otherwise 
regulated by EPA in Subpart G.

    Section 406(b) of TSCA directs EPA to issue regulations governing 
any person who performs for compensation, a renovation of target 
housing. Because the statute fails to define ``renovation,'' EPA has 
sought to develop a definition that is both consistent with existing 
regulations and effective in addressing the exposure prevention goals 
of the statute. EPA is primarily concerned with activities that may 
disturb existing lead-based paint, and which may pose a potential 
hazard to owners and occupants of the housing. Although such a 
distinction is not explicitly stated in the language of section 406(b), 
EPA believes that such a distinction is consistent with the hazard 
reduction goal of the Residential Lead-Based Paint Hazard Reduction Act 
of 1992 and Title IV of TSCA.
    EPA is considering a number of approaches to defining the term, and 
requests comment on each approach in terms of which could be most 
effectively used (individually or in combination) to define 
``renovation'' for this rulemaking. The approaches being considered 
include:
    1. Definition modeled after EPA's Asbestos Program. EPA's preferred 
option, as proposed in the regulatory text, is to use a general 
definition drawn from language used by EPA's Asbestos program. In 40 
CFR 763.121(b), EPA regulations define renovation as ``Modifying of any 
existing structure, or portion thereof, where exposure to airborne 
asbestos may result.'' By replacing references to asbestos with lead-
based paint, EPA's proposed definition provides a flexible framework 
for identifying which activities would be regulated pursuant to the 
section 406(b) requirements.
    Despite the clear statutory distinction between ``renovation 
activities'' and ``lead-based paint activities'', EPA recognizes that 
many of the activities identified in the renovation definition may also 
be performed as part of lead-based paint abatement programs. In cases 
where the activities being performed meet the definition of a lead-
based paint abatement or lead-based paint activity, EPA intends for the 
activities to be regulated under the more comprehensive section 402(a) 
standards and requirements, and has therefore included an exemption for 
any activity separately regulated under the more stringent regulations 
to be issued in Subpart G. The regulations governing performance of 
lead-based paint activities will be proposed in a separate notice in 
the Federal Register in the future. At that time, EPA will propose 
specific definitions for lead-based paint activities and abatements, 
and will request further comment.
    One drawback of such a general definition is that it does not 
provide an objective way of identifying which activities are of 
concern. This lack of specificity may pose a problem for the regulated 
community in complying with the rule and for the government in 
effectively enforcing it. For that reason, EPA believes that this 
general definition may need to be strengthened by the incorporation of 
additional criteria, as offered below.
    2. Develop list of specific activities of concern. Recognizing the 
need for specific information on what activities are defined as 
renovations, EPA is considering incorporating a list of regulated 
activities into the definition. Section 402(c) of TSCA directed EPA to 
conduct a study of the extent to which persons engaged in various types 
of renovation and remodeling activities in target housing, public 
buildings constructed before 1978, and commercial buildings are exposed 
to lead in the conduct of such activities. In mandating this study, 
Congress clearly did not intend for the results to be used as the basis 
for developing the TSCA section 406 renovation regulations- -the 
deadline for completion of the study is a full 12 months after the 
deadline for promulgation of the final section 406 regulations. 
Nevertheless, as the activities under study represent EPA's preliminary 
determination regarding the universe of activities that may be of 
concern, EPA believes that they comprise a logical set of activities 
for consideration as renovation activities. The activities being 
studied were chosen based on discussions with experts familiar with the 
renovation and remodeling industry, and include the following:
    (1) Paint removal (e.g., floor refinishing and stairs refinishing).
    (2) Surface preparation for painting (both interior and exterior).
    (3) Removal of large structures other than roof (e.g., walls, 
ceiling, large surface replastering, major replumbing, room additions).
    (4) Window replacement.
    (5) Enclosure of interior painted surfaces (e.g., wallpapering).
    (6) Enclosure of exterior painted surfaces (e.g., siding).
    (7) Removal of carpet or other floor coverings (e.g., linoleum).
    (8) Repairs or additions with isolated small surface disruption 
(e.g., carpentry, replacement of lead painted fixtures, installation of 
light fixtures, electrical repair and rewiring, plumbing repair, 
insulation addition, furnace cleaning, ceramic tile installation, 
counter top replacement, door replacement, storm window installation, 
and window repair).
    (9) Roofing replacement and repair.
    (10) Exterior soil disruption (e.g., landscaping, deck additions, 
sewer/water line replacement or repair, basement waterproofing, garage 
repair, concrete/brick/masonry work, driveway/walk installation, and 
septic tank/cesspool replacement).
    These activities represent a range of activities that may be 
performed during ``renovation and remodeling.'' Although section 406(b) 
refers specifically to ``renovations'' only, EPA believes that the 
commonly used meanings of the two terms do not significantly differ and 
that any of the listed activities could be conducted as part of a 
renovation program. Therefore, pending evidence to the contrary, all of 
the activities noted above could potentially merit inclusion under 
EPA's definition of renovation.
    EPA is requesting comment (and data, if available) regarding which 
activities should (or should not) be included in any definition of 
renovation. Based on the comments EPA receives, as well as any new or 
additional relevant information EPA collects, EPA may define some or 
all of the activities listed above as renovation activities 
specifically regulated by the final rule. EPA also may include 
additional activities, if appropriate, in the final rule's definition 
of renovation, and requests comments on whether some activities of 
concern may be absent from the current list.
    3.  Use the Occupational Safety and Health Administration's (OSHA) 
list of construction tasks. EPA is considering using the construction 
tasks identified by OSHA as offering some risk of lead-exposure to 
workers to identify renovation activities that could result in lead 
exposure to housing occupants. These tasks were identified in the 
interim final rule entitled ``Lead Exposure in Construction'' (58 FR 
26590, May 4, 1993). EPA requests comment on whether such tasks 
adequately reflect the activities conducted during housing renovations.
    4. Identify specific job classifications. EPA is considering using 
specific job classifications that involve performing remodeling or 
renovation activities that may exacerbate the risk of lead-based paint 
exposure in target housing as a basis for identifying regulated 
activities. EPA has considered several ways that specific worker 
classifications could be identified.
    One approach would be to base the listing on the worker 
classifications included in EPA's study under TSCA section 402(c). 
These classifications are being studied to measure the levels of 
exposure to lead-based paint stemming from the renovation activities. 
The current classifications being studied include: Painters; floor 
refinishing contractors; plaster/drywall contractors; exterior siding 
contractors; window replacement contractors; electricians; plumbers; 
roofers; linoleum/tile contractors; carpet installers; cabinet 
installers; heating/AC contractors; carpenters; insulation contractors; 
basement waterproofing contractors; bathroom remodelers; kitchen 
remodelers; landscaping/excavation contractors; and historic renovation 
contractors. These classifications were developed through discussions 
with experts and professionals familiar with the renovation and 
remodeling industry.
    In identifying specific job classifications, EPA is also 
considering linking the above classifications to Standard Industrial 
Classification (SIC) Codes for the business, to ensure a common 
standard of identification. If EPA could identify specific SIC codes 
that performed renovations involving target housing and potential lead-
based paint exposure, then such a classification would provide a clear 
method for identifying regulated parties. Currently, the Agency does 
not prefer this option because of concerns that many workers and firms 
may conduct activities that spill over into activities that don't 
affect lead-based paint, raising questions of how closely SIC codes 
would track the performance of renovations in housing involving lead-
based paint. In addition, many individuals engaged in renovation 
activities may perform many different tasks covering several job 
classifications, further clouding issues of enforcement and compliance.
    Regarding the whole question of identifying job classifications, 
EPA requests comment on what trades are missing from, or inappropriate 
for, the list above and whether any such list could be practically 
applied.
    5.  Identify all home improvement activities within a specified 
cost range. Another option being considered is to target all 
renovation, remodeling, and home improvement activities within a 
specific cost range (for example, any home improvement costing over 
$250 would be considered a renovation). While this option provides a 
simple scheme for identifying regulated activities, it does not 
necessarily focus on relevant activities. Because some inexpensive 
renovation activities may pose a significant exposure hazard, EPA is 
concerned that such a definition could result in the omission of 
activities that are thought to be high risk but low in cost.
    6.  Identify all home improvement activities within a specified 
size. EPA is also considering basing the definition of renovation on 
the size of a job. For example, size could be measured by the number of 
square feet of painted surface disturbed, the number of different 
painted surfaces disturbed, or simply the total area of the dwelling 
undergoing modification. EPA's main concern with this option is that 
some activities while localized to a very small area, might release 
significant amounts of lead-based paint or lead-based paint, and that 
such a criterion might fail to capture the activities of concern. 
However, as it could potentially provide a simple method for 
identifying regulated transactions, EPA requests comments on the 
feasibility of such an approach.
    p. Renovator means any person who performs for compensation a 
renovation of target housing or public buildings.
    Although Title IV of TSCA does not provide a definition of 
renovator, section 406(b) specifically identifies the regulated 
community as ``each person who performs for compensation a renovation 
of target housing.''

    EPA recognizes that in many large multi-family dwellings or public 
buildings, renovation activities may be performed by maintenance staff 
retained by the owner of the building. Because these individuals would 
still be performing such activities for compensation (through salary or 
retainer), EPA would consider such individuals as renovators for the 
purpose of this proposed rule.

IV. Regulatory Requirements

A. Lead Hazard Information Pamphlet

    Section 406(b) directs the Administrator to promulgate regulations 
``to require each person who performs for compensation a renovation of 
target housing to provide a lead hazard information pamphlet to the 
owner and occupant of such housing prior to commencing the 
renovation.'' Section 745.87 of the regulatory text would require 
renovators to provide owners and heads-of-households occupying target 
housing with copies of the pamphlet: Lead-Based Paint: Protect Your 
Family before beginning renovations.
    Recognizing that many target housing units may be occupied by 
families other than the dwelling owner, as in the case of rental 
housing, EPA proposes to require the renovator to provide the pamphlet 
to the head of each household occupying the unit(s) being renovated, as 
well as to the person requesting and paying for the renovation work. 
This interpretation is supported by the language in section 406(b), 
which explicitly states that the pamphlet must be provided to the owner 
and occupant of such housing.
    In addition, because some housing may be managed by an individual 
or firm on behalf of the owner, the regulations would allow such an 
agent to represent the owner for the purposes of the provisions of this 
proposed rule.
    Finally, EPA recognizes that there may be some types of renovations 
that will occur in ``emergency situations'' requiring action before all 
occupants can be notified and before they can fully comply with these 
notification requirements. EPA requests comment on identifying these 
situations and on what may be an appropriate way to address them under 
these regulations.
    The final pamphlet will be available to the public and the 
regulated community through the Government Printing Office (GPO) for a 
nominal fee for both individual and bulk purchases. EPA is also 
encouraging person's to make their own reproductions of the pamphlet, 
and will make a limited number of camera-ready copies of the final 
pamphlet available to organizations that wish to print copies for 
private distribution. Any copies reproduced for use in complying with 
this rulemaking, however, must be copied in full, and may not revise or 
delete material from the pamphlet except to add or revise State or 
local sources of information. EPA requests comment on other mechanisms 
for distributing the pamphlet to the general public and the regulated 
community.
    As required by section 406(a) of TSCA, EPA will, in consultation 
with HHS and HUD, revise the pamphlet as necessary to maintain its 
technical accuracy. Following each change, EPA will issue notice of the 
revised version's availability in the Federal Register.

B. Acknowledgement

    To help ensure the timely notification of owners and occupants 
regarding the potential hazards of renovation activities in target 
housing, Sec. 745.87 would require that renovators obtain a signed, 
dated acknowledgement from each owner and head of household occupying 
the renovated housing, indicating that the person had received the 
pamphlet on the given date. The proposed acknowledgement text would 
state:

    I have received the pamphlet, Lead-Based Paint: Protect Your 
Family, and am aware of the potential health risks associated with 
renovating housing containing lead-based paint.

    The statement would be signed and dated by the housing owner and 
heads of households occupying the housing and would be retained by the 
renovator. This acknowledgement could exist as a separate sheet or as a 
part of each sales/service contract or agreement. EPA proposes to 
require that the acknowledgement text be printed in at least 12-point 
type to ensure that the text is readable and noticeable.
    Recognizing the importance of reaching non-English speaking 
residents of target housing, EPA is proposing requirements to address 
renovations performed in predominantly non-English speaking areas. If 
the parties use a written service contract or agreement, and if the 
service contract or agreement is in a language other than English, then 
the acknowledgment would have to be in the same language as the 
contract or agreement. The Agency proposes this provision as a 
necessary measure in achieving a more equitable Federal lead-based 
paint program.
    EPA is requesting comment on these provisions, including whether 
the alternative language provisions provide an appropriate level of 
protection to non-English speaking occupants of target housing.

C. Renovations in Multi-Family Dwellings

    EPA has also considered the issue of regulating renovation 
activities that occur in buildings containing many separate housing 
units. Such dwellings pose additional challenges because, depending on 
the type of renovation being conducted, as the number of units in the 
dwelling increase, pamphlet distribution may be increasingly difficult 
for renovators. At the same time, since many multi-family dwellings 
(defined for this proposed rulemaking as housing properties consisting 
of more than four dwelling units) may have been built before lead-based 
paint use was restricted, these dwellings may pose lead-based paint 
hazards to occupants if renovations are conducted without care.
    EPA has considered two issues regarding renovations in multi-family 
dwellings: Renovations conducted within specific units of a multi-
family dwelling, and renovations performed in common areas of the 
multi-family dwelling.
    1. Renovations in individual units. EPA believes that renovations 
performed within specific units of multi-family dwellings should be 
treated in the same manner as single-family dwellings (housing 
properties containing less than five dwelling units): the owner and 
occupants should be notified and provided a pamphlet in advance of 
commencement of renovation activities. The Agency sees no rationale for 
distinguishing between the two regarding the risks of exposure.
    During large-scale or long-term renovations to units in multi-
family housing, EPA proposes the following clarification. In cases 
where an owner employs a renovator to conduct renovations in several 
different housing units within a multi-family dwelling, EPA would still 
require the renovator to (1) Provide the occupants of each unit 
undergoing renovation with a copy of the pamphlet and (2) maintain 
signed acknowledgements from each affected head-of-household. The 
renovator could fulfill his/her obligations regarding the owner, 
however, by providing one pamphlet and maintaining one signed 
acknowledgment covering all renovations performed throughout the 
dwelling, rather than by repeating the same owner-notification 
activities for each unit or area renovated.
    2. Renovations in common areas. EPA also believes that for the 
purposes of the section 406(b) rule, a practical distinction should be 
made between renovation activities in common areas of multi-family 
dwellings and renovations within specific living areas of the 
dwellings. Since renovation activities may occur in various hallways or 
lobbies of a building on a frequent basis, it could be impractical to 
require a renovator to provide all occupants with a new pamphlet before 
the commencement of each renovation, especially in dwellings with 
larger numbers of residential units. Such a requirement would be 
difficult to implement and enforce, and would likely lead to non-
compliance.
    EPA still believes that it is important that occupants be informed 
of renovations in common areas as they occur to provide warning of 
potential lead-based paint hazards and to ensure their ability to take 
appropriate precautions. Therefore, under Sec. 745.87, EPA proposes to 
require that before conducting target renovation activities in common 
areas of multi-family target housing, the renovator would be required 
to notify, in writing, all occupants of the dwelling of the intended 
renovation and to make the EPA pamphlet Lead-Based Paint: Protect Your 
Family available upon request. This notification would be required to 
include: The general nature and location(s) of the planned renovation 
activities; the expected starting and ending dates of the planned 
renovation activities; and a statement of how the occupant can obtain 
the lead hazard information pamphlet from the renovator.
    EPA recognizes that in some cases, large renovations could take an 
extended period of time or cover several different common areas of a 
multi-family dwelling. In that case, if the initial notification 
provides accurate information on the scope of renovations planned in 
the various areas, with an accurate schedule of their performance, then 
that initial notification would be sufficient to meet the requirements 
of this proposed rulemaking. If the scope, location, or timeframe of 
the activities change in a way not reflected in the original 
notification, then the renovator would be obligated to provide updated 
information in an additional notification process. This updated 
information is necessary to ensure that owners and occupants can, if 
necessary, adequately protect themselves from exposure to the hazards 
of lead-based paint.
    Notification activities could be performed by the renovator or by 
the owner of the dwelling on behalf of the renovator. The notification 
process could be accomplished by distributing a letter or flyer 
containing the required information to each head of household occupying 
the housing. Even if the owner agreed to perform the notification 
activities, however, the responsibility to assure compliance would 
still rest with the renovator, as required by section 406(b).

D. Recordkeeping Requirements

    Section 407 of Title IV of TSCA gives EPA the authority to 
promulgate recordkeeping and reporting requirements that are necessary 
to implement Title IV effectively. EPA is using this authority to 
propose the following requirements to ensure compliance and to aid EPA 
in its enforcement of the provisions in this proposed rule.
    Under EPA's proposed Sec. 745.90, renovators would be required to 
keep, for 3 years after completion of the renovation, specific records 
documenting compliance with the rule.
    If all renovation activities occur in private areas of target 
housing units, these records would include:
    1. The address/location of the renovated target housing. This 
information is important for EPA compliance monitoring and enforcement 
actions.
    2. A list of all heads of households occupying the renovated target 
housing unit(s) at the commencement of renovations. Because the rule 
would require that both the owners and occupants of target housing 
receive the pamphlet, EPA is proposing to require retention of this 
list as a record of the persons that should have received the pamphlet. 
EPA is focusing on occupants of the housing at the commencement of 
renovations recognizing that individuals who become occupants after 
renovations have begun would have already received the pamphlet under 
the requirements being developed pursuant to section 1018 of the Lead-
Based Paint Hazard Reduction Act of 1992.
    3. Copies of the signed and dated acknowledgements from each 
housing owner and each head of household occupying the renovated 
unit(s). EPA proposes to require this record as the primary proof of 
compliance with the regulation. In cases where EPA began an enforcement 
action based on a tip or complaint, the acknowledgement form would be a 
crucial record in establishing compliance with the rule.
    In the case of renovation activities performed in common areas of 
multi-family target housing, the renovator would still be required to 
maintain the following records:
    1. The address/location of the renovated target housing.
    2. Signed and dated acknowledgements from the owner(s) of the 
target housing requesting the renovation.
    3. A signed and dated statement describing the steps performed by 
the renovator or owner to notify all occupants of the intended 
renovation activities and to provide the lead hazard information 
pamphlet upon request. EPA is proposing not to require specific 
language for the statement, provided that it clearly indicates: The 
dates between which renovation activities took place; the general 
nature of the renovation activities conducted; and the measures taken 
to notify all occupants of the planned renovation activities as 
outlined in the proposed Sec. 745.87. This statement would be signed 
and dated by the owner as well as the renovator.
    4. Copies of any letter or flyer sent to the occupants of the 
housing as part of the notification process.
    These records would be retained by the renovator for 3 years after 
completion of the renovation as proof of compliance.
    EPA requests comment on whether the proposed recordkeeping 
requirements are reasonable, too stringent, or not stringent enough, 
and whether there may be other more effective recordkeeping 
requirements or mechanisms to facilitate compliance monitoring.

V. Enforcement

    Failure or refusal to comply with any provision of the final rule 
would be a violation of TSCA section 409, subjecting the violator to 
penalties under TSCA section 16 (15 U.S.C. 2615). These penalties 
include the following:
    1.  Civil penalties. Any person who violates a provision of the 
final rule would be liable to the United States for a civil penalty in 
an amount not to exceed $25,000 for each such violation.
    2. Criminal penalties. Any person who knowingly or willfully 
violates any provision of the final rule would, in addition to any 
civil penalty, be subject upon conviction, to a fine of not more than 
$25,000 for each day of violation, or to imprisonment for not more than 
1 year, or both.

VI. State/Tribal Administration and Enforcement of Section 406(b)

    Section 404(a) of TSCA directs EPA to develop an application 
process for those States or Tribes which seek to administer and enforce 
the standards, regulations, and requirements established under sections 
402 and/or 406. Section 404(b) states that the Administrator may 
approve such an application only after finding that the State/Tribal 
program is at least as protective of human health and the environment 
as the Federal program established according to the mandate of section 
402 or 406 of TSCA, and that it provides adequate enforcement. The 
procedures for submitting a State/Tribal application will be proposed 
in a separate Federal Register notice in the future.
    For State and Tribal implementation purposes, EPA recognizes a 
distinction between section 406(a), the development of a lead hazard 
information pamphlet, and regulatory requirement section 406(b), for 
distribution of the pamphlet. Since the pamphlet must be developed in 
consultation with HHS and HUD, for use in other rules in other sections 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992, EPA 
will limit the authorization of State/Tribal programs to administration 
of section 406(b). EPA believes that the authority to develop a lead 
hazard information pamphlet cannot be delegated to States or Tribes, 
given the dependence of many agencies on the pamphlet, and the need for 
uniformity in several statutory sections of the Act.

VII. Model State Program

    To support State and tribal efforts to develop an authorized 
program, section 404(d) of TSCA directs EPA to promulgate a model State 
program which may be adopted by any State which seeks to administer and 
enforce the provisions of sections 402 and 406 of TSCA. Given that 
section 404(b) requires authorized State programs to be at least as 
protective as the Federal program, the Agency expects that a State 
program seeking authorization, would resemble, in significant respects, 
the Federal program, and further, that the regulations proposed in 
Secs. 745.80 through 745.99 would serve as an appropriate model for 
such a State program. Therefore, the Agency is at this time proposing 
these regulations as the model program.
    Section 745.87 contains procedures and requirements for the 
provision of EPA's lead hazard information pamphlet to owners and 
occupants of target housing by renovators. The proposed Sec. 745.90 
contains recordkeeping requirements necessary to monitor and enforce 
compliance with the requirements.
    This model will be especially useful to the many States that do not 
currently have notification requirements in residential housing. The 
Agency believes that adoption of this program would effectively 
increase the awareness of owners and occupants of target housing 
regarding the issues associated with renovating housing with lead-based 
paint. However, the State program need not duplicate the Federal 
program in order to receive authorization from EPA. A State may choose 
to develop its own program, and it would be evaluated to determine if 
it is as protective as the Federal program.

VIII. Procedures for Requesting a Public Hearing

    If persons request time for oral comment, EPA will consider holding 
an informal hearing in Washington, DC. Persons or organizations 
desiring to participate in the informal hearing must file a written 
request to participate. The written request to participate must be sent 
to the Environmental Assistance Division at the address listed under 
FOR FURTHER INFORMATION CONTACT and must be received by EPA by April 8, 
1994. The written request to participate must include: (1) A brief 
statement of the interest of the person or organization in the 
proceeding; (2) a brief outline of the points to be addressed; (3) an 
estimate of the time required; and (4) if the request comes from an 
organization, a non-binding list of the persons to take part in the 
presentation. Organizations are requested to bring with them, to the 
extent possible, employees with individual expertise in and 
responsibility for each one of the areas to be addressed. Organizations 
which do not file written comments will not be allowed to participate 
at the hearing.
    EPA will decide whether to hold a hearing by April 28, 1994.

IX. Rulemaking Record

    A record for this proposed version of the rule has been established 
under docket number ``OPPTS-62131.'' The public record is available for 
inspection from 12 noon to 4 p.m., Monday through Friday, excluding 
legal holidays. The public version of the record (which does not 
contain confidential business information) is located in the TSCA NCIC, 
Rm. E-G102, 401 M St., SW., Washington, DC 20460.
    The draft of the proposed rule submitted by the Administrator to 
OMB review prior to proposal will also be contained in the docket, as 
will the drafts of the final rule submitted for review before 
promulgation.
    The following list of documents were used by the Agency in 
developing this regulation and can be found in the docket. Other 
documents, including those submitted with written comments from 
interested parties, will be included in the docket following the 
publication of this proposal in the Federal Register.
    1. Alliance to End Childhood Lead Poisoning, Preventing Childhood 
Lead Poisoning: The First Comprehensive National Conference; Final 
Report. October 6, 7, 8, 1991. (pp. A1-A10)
    2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule. 
May 4, 1993.
    3. EPA, Lead Poisoning and Your Children. EPA/800-B-92-0002, 
September 1992
    4. EPA, DRAFT: Reducing Exposure to Lead in the Home; An Action 
Guide for Families. (January 1992).
    5. U.S. Government Printing Office. Code of Federal Regulations 
July 1, 1992. (40 CFR 763.121)
    6. U.S. Government Printing Office. Code of Federal Regulations 
July 1, 1992. (40 CFR 763.63(1))
    7. U.S. Congress. The Residential Lead-Based Paint Hazard Reduction 
Act of 1992 (Pub. L. 105-550).
    8. HHS, PHS, CDC, Preventing Lead Poisoning in Young Children; A 
Statement by The Centers For Disease Control. October 1991.
    9. HHS, PHS, ATSDR, The Nature and Extent of Lead Poisoning in 
Children in the United States: A Report to Congress. July 1988. (pp. 1-
16)
    10. HUD, Office of Lead-Based Paint Abatement and Poisoning 
Prevention. Lead-Based Paint; Interim Guidelines for Hazard 
Identification and Abatement in Public and Indian Housing; Notice. 
April 18, 1990.
    11. HUD, Office of Lead-Based Paint Abatement and Poisoning 
Prevention. Lead-Based Paint: A Threat to Your Children. U.S. GPO: 
1993-351-568. January 1993.

X. Confidential Business Information

    While EPA does not anticipate the receipt of much (if any) 
confidential business information in connection with this proposed 
rule, a person may assert a claim of confidentiality for any business 
information, including all or portions of written comments, submitted 
to EPA in connection with this proposed rule. Any person who submits a 
comment subject to a claim of confidentiality must also submit a 
nonconfidential version. Any claim of confidentiality must accompany 
the information when it is submitted to EPA. Persons must mark 
information claimed as confidential by circling, bracketing, or 
underlining it, and marking it with ``CONFIDENTIAL'' or some other 
appropriate designation. EPA will disclose information subject to a 
claim of confidentiality only to the extent permitted by section 14 of 
TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim 
of confidentiality for information in comments at the time it is 
submitted to EPA, EPA will place the information in the public record 
for this rulemaking without further notice to that person.

XI. References

    1. Alliance to End Childhood Lead Poisoning, Preventing Childhood 
Lead Poisoning: The First Comprehensive National Conference; Final 
Report. October 6, 7, 8, 1991.
    2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule. 
(May 4, 1993).
    3. HUD, Office of Lead-Based Paint Abatement and Poisoning 
Prevention. Lead-Based Paint; Interim Guidelines for Hazard 
Identification and Abatement in Public and Indian Housing; Notice. 
April 18, 1990.

XII. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) Having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this proposed rule is ``significant'' because it raises novel 
policy issues arising out of its legal mandate in the Residential Lead-
Based Paint Hazard Reduction Act.
    EPA has prepared a Regulatory Impact Analysis (RIA) in conjunction 
with its proposed lead information disclosure rule for renovation 
activities. EPA finds that the proposed rule will not have an effect on 
the economy of $100 million or more, will not result in major increases 
in costs or prices, and is not anticipated to have significant adverse 
effects on competition, employment, investment, or productivity in the 
relevant sectors.
    EPA estimates the overall costs to affected entities to be 
$59,700,000. This estimate includes costs for rule familiarization, 
information disclosure and obtaining required signatures, 
recordkeeping, and materials costs. EPA estimates that the provisions 
of the rule as proposed would add about $5.00 to the cost of each 
transaction.
    A copy of the RIA is available in the TSCA Nonconfidential 
Information Center (NCIC) (also known as the TSCA Public Docket 
Office), for review and copying (see Unit IX of this preamble).
    This action was submitted to OMB for review, as required by 
Executive Order 12866, and any comments or changes made in response to 
OMB suggestions or recomendations have been documented in the public 
record.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires each Federal agency 
to perform a Regulatory Flexibility Analysis for all rules that are 
likely to have a ``significant impact on a substantial number of small 
entities.'' In an effort to identify and characterize the proposed 
rule's effects on small business, EPA has prepared an Initial 
Regulatory Flexibility Analysis (IRFA). This assessment has been 
included as part of the Regulatory Impact Analysis (RIA), and is 
summarized below.
    In assessing small business impacts, EPA first developed an 
establishment profile for each major sector. This profile indicated 
that approximately 80 to 90 percent of all establishments in SICs 15, 
17, 651, and 653 fell within the 1 to 9 employee size class. Thus, a 
substantial number of small firms are estimated to be potentially 
affected by the proposed rule.
    To measure the cost impacts of the proposed rule on these small 
establishments, representative or model establishments were designed. 
These model establishments corresponded to typical establishments, with 
respect to number of employees and annual transaction volume, in each 
affected sector. Since transaction activity was reported to vary 
widely, a range of transaction volume was estimated for each 
establishment type.
    For each model establishment, annual regulatory costs were then 
calculated and compared to annual labor and overhead costs. Ratios were 
computed for both high and low estimates of the range of transaction 
activity. In the case of a multi-trade renovation contractor, 
regulatory costs were found to represent from 0.05 to 0.14 percent of 
labor and overhead costs. In the case of a specialty trade contractor, 
impacts were somewhat higher, ranging from 0.35 to 0.84 percent. An 
establishment engaged in rental property management was projected to 
sustain impacts of 0.99 to 1.95 percent.
    Thus, while a large number of small establishments will be 
potentially affected by the rule, cost impacts were not found to be of 
sufficient magnitude to cause undue harm to such establishments. 
Consequently, no regulatory alternatives are being proposed in 
connection with small business impacts.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), EPA certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities.

C. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1669.01) and a copy may be obtained 
from Sandy Farmer, Information Policy Branch (2136), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460, or by 
telephoning (202) 260-2740.
    This collection of information has an estimated recordkeeping 
burden averaging 11.5 minutes per response (at 5.8 minutes/respondent), 
and to require 7.7 minutes per recordkeeper, annually. These estimates 
include time to review instructions, search existing data sources, 
gather and maintain the data needed, and complete the collection of 
information.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch (2136), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' The final rule will respond to any 
OMB or public comments on the information collection requirements 
contained in this proposal.

List of Subjects in 40 CFR Part 745

    Environmental protection, Abatement, Housing renovation, Lead, 
Lead-based paint, Reporting and recordkeeping requirements.

    Dated: February 28, 1994.
Carol M. Browner,
Administrator.

    Therefore, it is proposed that Chapter I of 40 CFR be amended by 
adding a new part 745 to read as follows:

PART 745--LEAD EXPOSURE REDUCTION

Subpart A--General Provisions

Sec.

745.1    Scope, purpose, and authority.
745.3    Definitions.
745.7    Confidential business information.
Subparts B-D [Reserved]
Subpart E--Residential Property Renovation
Sec.
745.80    Purpose, scope, and applicability.
745.85    Lead pamphlet.
745.87    Notification.
745.90    Recordkeeping requirements.
745.97    Penalties for noncompliance.
745.99    Effective date.

    Authority: 15 U.S.C. 2686.

Subpart A--General Provisions


Sec. 745.1   Scope, purpose, and authority.

    (a) This part contains regulations developed under Title IV (15 
U.S.C. 2681-2692) and section 6 (15 U.S.C. 2605) of the Toxic 
Substances Control Act.


Sec. 745.3   Definitions.

    For purposes of this part, the following definitions apply:
    Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. et 
seq.
    Administrator means the Administrator of the Environmental 
Protection Agency.
    Common area means a portion of a building generally accessible to 
all residents/users including, but not limited to, hallways, stairways, 
laundry and recreational rooms, playgrounds, community centers, and 
boundary fences.
    Dwelling unit means a single, unified combination of rooms designed 
for use as a dwelling by one family.
    EPA means the Environmental Protection Agency.
    Lead-based paint hazard means any condition that causes exposure to 
lead from lead-contaminated dust, lead-contaminated soil, lead-
contaminated paint that is deteriorated or present in accessible 
surfaces, friction surfaces, or impact surfaces that would result in 
adverse human health effects in pregnant women or young children.
    Multi-family housing means a housing property consisting of more 
than four dwelling units.
    Owner means any individual, partnership, corporation, or 
trusteeship that has legal right of possession of residential property, 
or any person legally authorized to represent that individual, 
partnership, corporation, or trusteeship.
    Person means any natural person, firm, company, corporation, joint 
venture, partnership, sole proprietorship, association, or any other 
business entity, any state or political subdivision thereof, any 
municipality, any interstate body, any Indian tribe, and any 
department, agency, or instrumentality of the Federal government
    Renovation means the modifying of any existing structure, or 
portion thereof, where exposure to the hazards of lead-based paint may 
result, unless the activity is performed as part of a lead abatement 
program by a certified contractor, or unless otherwise regulated by EPA 
in Subpart G of this part.
    Renovator means any person who performs for compensation a 
renovation of target housing or public buildings.
    Residential dwelling means (1) a single-family dwelling, including 
attached structures such as porches and stoops, or (2) a single-family 
dwelling unit in a structure that contains more than one separate 
residential dwelling unit, and in which each such unit is used or 
occupied, or intended to be used or occupied, in whole or in part, as 
the home or residence of one or more persons.
    TSCA means the Toxic Substances Control Act (15 U.S.C. et seq.).


Sec. 745.7   Confidential business information.

    Any person required to submit a document or report to the EPA under 
this part may assert a claim of confidentiality for the information 
submitted. Any claim of confidentiality must accompany the information 
when it is submitted to EPA. EPA will disclose information subject to a 
claim of confidentiality only to the extent permitted by section 14 of 
TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim 
of confidentiality for information at the time it is submitted to EPA, 
EPA may make the information public without further notice to that 
person.

Subpart B--D [Reserved]

Subpart E--Residential Property Renovation


Sec. 745.80   Scope, purpose, and applicability.

    This subpart applies to renovation activities on target housing. 
Such housing may contain lead-based paint and lead-based paint dust 
that can pose a health hazard to occupants, especially young children 
and pregnant women. Persons or firms that perform renovation services 
for compensation on target housing must provide information on hazards 
of exposure to lead-based paint associated with renovation activities.


Sec. 745.85   Lead pamphlet.

    (a) Availability of pamphlet to the general public and regulated 
community. The most current version of EPA pamphlet No. XXX, entitled 
Lead-Based Paint: Protect Your Family, is available to the public and 
the regulated community for a fee from the Government Printing Office 
(GPO). Interested parties should write to: Government Printing Office, 
Superintendent of Documents, Mail Stop XXX, Washington, DC 20402-9328. 
In addition, persons may reproduce this pamphlet, for use or 
distribution, providing that the text and graphics are reproduced in 
full.
    (b) Pamphlet elements. The information contained and presented in 
this pamphlet is mandated in section 406(a) of TSCA (15 U.S.C. 2686), 
and may not be changed or omitted during any reproduction of the 
information for the purpose of compliance with this subpart.


Sec. 745.87   Notification.

    (a) Before beginning renovation activities on specific target 
housing units, renovators shall:
    (1) Provide each owner and each head of household occupying the 
units to be renovated with a copy of the EPA pamphlet, entitled Lead-
Based Paint: Protect Your Family.
    (2) Obtain a signed, dated acknowledgement from the owners and each 
head of household occupying the housing unit affirming that they have 
received the pamphlet and are aware of the potential health hazards 
from renovating housing containing lead-based paint.
    (i) The acknowledgement shall include the following language:

    I have received the pamphlet entitled Lead-Based Paint: Protect 
Your Family and am aware of the potential health risks associated 
with renovating housing containing lead-based paint hazards.

    (ii) Below the statement, the acknowledgement shall require the 
signature of each owner and head of household occupying the unit, along 
with their dates of signature.

    (iii) The type size shall be no smaller than 12-point type.
    (iv) The acknowledgement may be included as a separate sheet or as 
a part of any written contract or service agreement. It must be 
completed before the commencement of the target renovations.
    (v) If the parties use a written contract or agreement which is 
written in a language other than English, the acknowledgement text 
shall be written in the same language as the text of the contract or 
agreement.
    (b) Before beginning renovation activities in common areas of 
multi-family target housing, the renovator shall:
    (1) Provide the owner(s) of the target housing requesting the 
renovation with a copy of the EPA pamphlet, entitled Lead-Based Paint: 
Protect Your Family.
    (2) Obtain a signed, dated acknowledgement from the owner(s) of the 
target housing requesting the renovation affirming that they have 
received the pamphlet and are aware of the potential health hazards 
from renovating housing containing lead-based paint.
    (i) The acknowledgement shall include the following language:

    I have received the pamphlet entitled Lead-Based Paint: Protect 
Your Family and am aware of the potential health risks associated 
with renovating housing containing lead-based paint hazards.

    (ii) Below the statement, the acknowledgement shall require the 
signature of each owner requesting the renovation, along with their 
dates of signature.

    (iii) The type size shall be no smaller than 12-point type.
    (iv) The acknowledgement may be included as a separate sheet or as 
a part of any written contract or service agreement.
    (v) If the parties use a written contract or agreement which is 
written in a language other than English, the acknowledgement text 
shall be written in the same language as the text of the contract or 
agreement.
    (3) Notify each owner and each head of household occupying the 
target housing, in writing, of the intended renovation and make the EPA 
pamphlet Lead-Based Paint: Protect Your Family available upon request. 
At minimum, such notification shall be accomplished by distributing 
written notice to each owner and each head of household occupying the 
target housing. The notice shall describe: The general nature and 
location(s) of the planned renovation activities, the expected starting 
and ending dates of the planned renovation activities, and a statement 
of how the owners and occupants can obtain the lead hazard information 
pamphlet, at no charge, from the renovator. These activities shall be 
conducted by either:
    (i) The renovator.
    (ii) The owner on behalf of the renovator.
    (iii) If the notification activities are performed by the owner of 
the building on behalf of the renovator, the renovator shall retain a 
signed and dated statement by the owner of the dwelling describing the 
steps performed to notify all occupants of the intended renovation 
activities and to provide the lead hazard information pamphlet, at no 
charge, upon request. Regardless of who performs the notification 
activities required under this subpart, the renovator shall be 
responsible for assuring compliance with this subpart and shall be 
liable for any failures to comply with the notification requirements in 
this section.
    (4) If the general nature, location(s), or expected starting and 
ending dates of the planned renovation activities change after the 
initial notification has been conducted, the renovator shall provide 
further notification to the owners and heads of households providing 
revised information on the ongoing or planned activities.


Sec. 745.90   Recordkeeping requirements.

    Renovators shall retain all records necessary to demonstrate 
compliance with this section for a minimum of 3 years following 
completion of the renovation services on target housing. These records 
shall include:
    (a) The address/location of the renovated target housing.
    (b) A list of all heads of households occupying the renovated 
unit(s) at the commencement of renovations.
    (c) Copies of signed and dated acknowledgements, as required by 
Sec. 745.87(a)(2), from each owner and each head of household occupying 
a renovated unit.
    (d) Copies of signed and dated acknowledgements, as required by 
Sec. 745.87(b)(2), from each owner requesting renovations to common 
areas in multi-family dwellings.
    (e) Copies of all signed and dated statements of notification, as 
well as copies of all notification materials sent to all owners and 
heads of household, as required in Sec. 745.87(b)(3) for renovations to 
common areas in multi-family dwellings.


Sec. 745.97   Penalties for noncompliance.

    (a) Failure or refusal to comply with any provision of this subpart 
is a violation of TSCA section 409 (15 U.S.C. 2689), subjecting the 
violator to penalties under TSCA section 16 (15 U.S.C. 2615).
    (b) Failure or refusal to establish and maintain records or to 
permit access to or copying of records, as required by this subpart, is 
a violation of TSCA section 15 (15 U.S.C. 2614).
    (c) Failure or refusal to permit entry or inspection as required by 
TSCA section 11 (15 U.S.C. 2610) is a violation of TSCA section 15 (15 
U.S.C 2614).
    (d) Violators may be subject to the civil and criminal penalties in 
TSCA sections 16 and 409 for each violation.


Sec. 745.99   Effective date.

    The Federal requirements in this subpart shall take effect on April 
28, 1996. In those States or Tribal lands, which have not obtained 
authorization, under Sec. 745.XXX, to administer and enforce this 
program, the requirements in this subpart shall apply to any renovation 
of target housing if the renovation was commenced on or after April 28, 
1996. In States and Tribes that have obtained authorization to 
implement their State/Tribal program according to the requirements in 
subpart X, individual State/Tribal requirements may take effect before 
April 28, 1996.

[FR Doc. 94-5299 Filed 3-8-94; 8:45 am]
BILLING CODE 6560-50-F