[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Pages 50335-50337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25500]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-00224; FRL-5746-4]
Notice of Public Meeting on Establishing a Program for Lead-Based
Paint Hazard Evaluation and Reduction Products
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: EPA is announcing a public meeting on September 29, 1997, in
Arlington, VA, to take suggestions from a cross-section of stakeholders
on the development of a program to carry out the testing and
registration of lead-based paint hazard evaluation and reduction
products as required under Section 405(f) of the Toxic Substances
Control Act (TSCA, 15 U.S.C. Section 2685(f).
DATES: The meeting will take place on Monday, September 29, 1997,
beginning promptly at 6:00 p.m. and continuing until 8:00 p.m.
ADDRESSES: The meeting will take place at the Crystal Gateway Marriot
Hotel, 1700 Jefferson Davis Highway, Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Darlene Watford, National Program
Chemicals Division, (7404), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 401 M St., SW., Washington, DC. 20460,
telephone: (202) 260-3989, fax: (202) 260-0001, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 28, 1992, the Residential Lead-Based Paint Hazard
Reduction Act of 1992, Title X of the Housing and Community Development
Act of 1992, became law. Title X amended TSCA by adding a new Title IV,
the purpose of which is to reduce the hazards from lead in paint and
coatings used in housing, public and commercial buildings, and other
structures. Section 405(f) of TSCA stipulates that EPA establish
testing criteria, testing protocols, and performance characteristics as
necessary to ensure to the greatest extent possible that lead-based
paint hazard evaluation and reduction products introduced into commerce
are effective for the intended use described by the manufacturer.
Several states have already begun to pass lead laws and regulations
which establish lead prevention programs, as well as the infrastructure
necessary to support such programs. Many of these programs specify a
set of performance standards that must be met by lead
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hazard control products to be included on a state's list of registered
products, and certified lead abatement contractors must use only
products that have been registered in the state. Although most of these
state programs are similar, there are some significant differences. As
a result, some manufacturers of lead hazard control products fear that
registration of their products will be very costly if they have to be
tested and approved by each state using different criteria. A federal
program could provide a minimal set of consistent requirements to
evaluate lead hazard control products, and could be utilized by many,
if not all, state and local agencies.
Under section 405(f), EPA plans to establish a national program
that provides a mechanism to develop testing protocols, criteria, and
performance characteristics for lead-based paint hazard evaluation and
reduction products. EPA wishes to activate section 405(f) by obtaining
feedback and information from interested parties concerning their
suggestions on establishing the program.
II. Participants
Any and all stakeholders (e.g., individuals, or representatives of
organizations, state and local governments, or academia) are invited to
attend as members of the audience.
III. Draft Approach to Establishing Program
Section 405(f) stipulates that EPA shall establish ``appropriate
testing criteria, testing protocols, and performance characteristics as
are necessary to ensure to the greatest extent possible and consistent
with the purposes and policy of this Title [TSCA Title IV], that lead-
based paint hazard evaluation and reduction products introduced into
commerce . . . are effective for the intended use described by the
manufacturer.'' In general, a product is to be evaluated by subjecting
it to a set of standard test methods according to a given protocol. The
results of these tests will be compared to performance-based testing
criteria established to measure the product's effectiveness in
accurately and precisely evaluating lead levels or minimizing the
user's exposure to lead-based paint hazards. If a product meets the
testing criteria, it will be approved for use as described by the
manufacturer and recognized as an EPA-approved product.
EPA is initiating the process of developing a Lead-Based Paint
Hazard Evaluation and Reduction Program (LBPHERP) that will define the
requirements of and create, an organization to administer the program.
The program will also identify the specific classes of products that
are currently used for lead-based paint hazard evaluation and
reduction, and develop criteria and requirements for testing these
products.
EPA plans to focus its efforts on hazard evaluation and reduction
products that are used in renovation and remodeling activities. A
priority will be placed on products that homeowners will use; however,
products used by certified abatement professionals may be covered where
applicable and practical. Lead-based paint hazard products that may
require testing and registration under section 405(f) include: chemical
spot test kits, electrochemical lead paint and/or dust analyzers,
encapsulants, chemical paint removers, household cleaners; respirators;
mechanical grinders or blasters with shrouds, and HEPA vacuums. At
present, most of these products do not have a complete set of test
methods, testing protocols, testing criteria, and defined performance
characteristics to determine whether the product is effective for its
intended use as a lead hazard evaluation or reduction product.
Various Federal agencies, quasi-governmental groups, and private
agencies were contacted to solicit input and possible involvement in
implementing section 405(f). In addition, test methods and protocols
that have been developed are being evaluated to determine if they
satisfy EPA testing requirements. Based on this preliminary
investigation, it was determined that no single national organization
or agency currently addresses the requirements of section 405(f) with
respect to the wide variety of products that could potentially fall
within the scope of this program. Also, the current state of
development of test protocols and testing criteria for these products
varies significantly across the classes of products identified.
The ultimate goal of the LBPHERP is to provide regulators,
industry, and consumers with a nationally recognized means to reliably
assess lead-based paint hazard evaluation and reduction products.
Accomplishing this goal will require that products are tested against a
set of accepted standards, and that only those products which meet the
predetermined performance criteria be considered EPA-registered
products. Pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995, Pub. No. 104-113, Voluntary Consensus
Boards will be used to develop standards for those products for which
test methods or protocols do not yet exist. Once standard test methods
and protocols and testing criteria are established, product
registration can occur. The registration of a product is intended to
confirm that the product conforms to specified standards, and provides
the user with explicit or implicit information about the
characteristics and performance of the product.
EPA has determined that certain key elements must be considered
when establishing the LBPHERP. These elements focus on keeping
government costs to a minimum; ensuring that guidelines support
existing Title X rules and programs such as section 402, section 403,
section 404, and section 1,018; requiring the use of accredited third-
party laboratories for product testing; and making results easily
accessible to the public. EPA is considering nonprofit or not-for-
profit organizations that have expertise in the lead-based paint hazard
field to administer the LBPHERP. This organization would be capable of
gaining the confidence of interested government authorities,
manufacturers, and the public so that they accept and adopt the
organization's or group's recommendations and standards. This
organization would also utilize independent testing laboratories as
required by section 405(f) to test the lead hazard evaluation and
reduction products.
Presently, there is no one organization that stands out as the
obvious choice to administer the LBPHERP; however, there are groups who
may be interested. There are numerous federal agencies, accreditation
organizations, standards organizations, nationally recognized lead
abatement organizations, national laboratories, contract research
centers, and quasi-government organizations which are heavily involved
in the lead-based paint hazard evaluation and reduction field, and
might welcome the opportunity to become involved in the administration
of the LBPHERP. Many configurations of these agencies and organizations
could facilitate the LBPHERP.
EPA is considering the position that the LBPHERP should be able to
eventually finance itself through fees charged to manufacturers to
register their products and maintain this registration.
IV. Topics of Discussion
There are two main topics of discussion that EPA would like to
address during this public meeting:
1. What type of organization could best facilitate the lead-based
paint
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hazard evaluation and reduction program and meet the scope of section
405(f)?
2. Which lead hazard reduction products are going to be required
to be tested before they can be registered under this program?
There are several factors affecting the first question, such as the
cost and size of the program; timeliness of implementation; cost to the
government and industry; and acceptance by industry, state regulators,
and consumers. The acceptance of a program will depend in part on the
expertise of the staff administering the program and the recognition of
the organization as an accredited certification/registration body.
Several issues associated with the second question will need to be
discussed, such as testing methods, and protocols, development of
testing criteria, voluntary consensus standards, cost of testing
products, and reciprocity between states.
V. Public Docket
The official record for this notice has been established under
docket control number ``OPPTS-00224.'' The record is available for
inspection from 12 noon to 4:00 p.m., Monday through Friday, excluding
legal holidays. The record is located at: TSCA Docket (7407), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, Room
E-G99, 401 M St., SW., Washington, DC. 20460.
List of Subjects
Environmental protection.
Dated: September 18, 1997
William H. Saunders III,
Director, Office of Pollution Prevention and Toxics.
[FR Doc.97-25500 Filed 9-22-97; 3:06 p.m.]
Billing Code 6560-50-F