[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Proposed Rules]
[Pages 70087-70089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33630]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62156E; FRL-6048-3]
RIN 2070-AC63


Lead; Identification of Dangerous Levels of Lead; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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SUMMARY: EPA is making corrections to a proposed rule that would 
provide guidelines for managing lead in paint, dust, and soil in 
residences and child-occupied facilities. The proposed rule was issued 
under section 403 of the Toxic Substances Control Act (TSCA). The 
corrections address typographical errors and other drafting errors.

DATES: Written comments on the proposed rule remain due on or before 
December 31, 1998.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of this document.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
National Lead Information Center's Clearinghouse, 1-800-424-LEAD 
(5323). For technical and policy questions contact: Jonathan Jacobson, 
Telephone: 202-260-3779, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply To Me?

    The following table identifies the entities that would be involved 
in the implementation of regulations that would be affected by today's 
proposal and the effect of the proposal on implementation of those 
regulations.


------------------------------------------------------------------------
                                      Examples of
            Category                   Entities       Effect of Proposal
------------------------------------------------------------------------
Lead abatement professionals      Workers,            Provides standards
                                   supervisors,        that risk
                                   inspectors, risk    assessors would
                                   assessors, and      use to identify
                                   project designers   hazards and
                                   engaged in lead-    evaluate
                                   based paint         clearance tests;
                                   activities          helps determine
                                                       when certified
                                                       professionals
                                                       would be required
                                                       to perform
                                                       abatements
Training providers                Firms providing     Provides standards
                                   training services   that training
                                   in lead-based       providers would
                                   paint activities    have to teach in
                                                       their courses
HUD and other Federal agencies                        Proposed standards
 that own residential property                         identify hazards
                                                       that Federal
                                                       agencies would
                                                       have to abate in
                                                       pre-1960 housing
                                                       prior to sale
Property owners that receive      State and city      Proposed standards
 assistance through Federal        public housing      identify hazards
 housing programs                  authorities,        that property
                                   owners of           owners would have
                                   multifamily         to abate or
                                   rental properties   reduce as
                                   that receive        specified by
                                   project-based       regulations
                                   assistance,         currently being
                                   owners of rental    developed by HUD
                                   properties that     under authority
                                   lease units under   of Title X,
                                   HUD's tenant-       section 1012
                                   based assistance
                                   program
Property owners                   Owner occupants,    Proposed standards
                                   rental property     identify hazards
                                   owners, public      that would have
                                   housing             to be disclosed
                                   authorities,        under EPA/HUD
                                   Federal agencies    joint regulations
                                                       promulgated under
                                                       Title X, section
                                                       1018
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be affected by this action through 
implementation of the elements of the programs discussed in this 
notice. To determine whether you, your business, or your agency is 
affected, you should carefully examine the Requirements for Lead-Based 
Paint Activities at 40 CFR part 745, subpart L and subpart Q and Lead-
Based Paint Disclosure at 40 CFR part 745, subpart F and 24 CFR part 
35, subpart H. The regulations covering evaluation and control of lead-
based paint hazards in HUD-associated and Federally-owned housing are 
currently under development. Proposed regulations were published in the 
Federal Register on June 7, 1996 (61 FR 29169). If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the ``FOR FURTHER INFORMATION 
CONTACT'' section.

II. How Can I Get Additional Information or Copies of This Document 
or Other Documents?

A. Electronic Availability

    Electronic copies of this document are available from the EPA Home 
Page at the Federal Register - Environmental Documents entry for this 
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).

B. In Person or By Phone

    If you have any questions or need additional information about this 
action, you may contact the technical person identified in the ``FOR 
FURTHER INFORMATION CONTACT'' section. In addition, the official record 
for this proposed rule, including the public version, has been 
established for this proposed rule under docket control number OPPTS-
62156E (including comments and data submitted electronically as 
described below). A public version of this record, including printed, 
paper versions of any electronic comments, which does not include any 
information claimed as Confidential Business Information (CBI), is 
available for inspection in the TSCA Nonconfidential Information 
Center, Rm. NE-B607, Waterside Mall, 401 M St., SW., Washington, DC, 
from 12 noon to 4 p.m., Monday through Friday, excluding legal 
holidays. The TSCA Nonconfidential Information Center telephone number 
is 202-260-7099.

III. How and To Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number, OPPTS-62156E, in your correspondence.
    1. By mail. Submit written comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 401 M St., SW., Rm. G-099, East Tower, Washington, 
DC 20460.
    2. In person or by courier. Deliver written comments to: Document 
Control Office in Rm. G-099, East Tower, Waterside Mall, 401 M St., 
SW.,

[[Page 70088]]

Washington, DC, Telephone: 202-260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Please note that you should not submit 
any information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comment and data will also be 
accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All 
comments and data in electronic form must be identified by the docket 
control number OPPTS-62156E. Electronic comments on this proposed rule 
may also be filed online at many Federal Depository Libraries.

IV. How Should I Handle CBI Information That I Want To Submit To 
the Agency?

    You may claim information that you submit in response to this 
document as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential will be included in the public 
docket by EPA without prior notice. If you have any questions about CBI 
or the procedures for claiming CBI, please consult with the technical 
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.

V. What Should I Consider As I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we haven't considered, the potential impacts of 
the various options (including possible unintended consequences), and 
any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide solid technical information and/or data to support 
your views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
     Tell us what you support, as well as what you disagree 
with.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule or collection 
activity.
     Make sure to submit your comments by the deadline in this 
notice.
     At the beginning of your comments (e.g., as part of the 
``Subject'' heading), be sure to properly identify the document you are 
commenting on. You can do this by providing the docket control number 
assigned to the document, along with the name, date, and Federal 
Register citation, or by using the appropriate EPA or OMB ICR number.

VI. What Related Actions Preceded Today's Document?

    In the Federal Register of June 3, 1998 (63 FR 30302) (FRL-5791-9), 
EPA published a proposed rule under Title IV of the Toxic Substances 
Control Act (TSCA). On July 22, 1998 (63 FR 39262) (FRL-6017-4), EPA 
extended the public comment period by 30 days, until October 1, 1998. 
On October 1, 1998, EPA announced in the Federal Register (63 FR 52662) 
(FRL-6037-7) that it would extend the public comment period until 
November 30, 1998. On November 5, 1998 (63 FR 59754) (FRL-6044-9), EPA 
announced in the Federal Register that it would hold a public meeting 
on December 4, 1998 and extend the public comment period until December 
31, 1998 to accommodate the meeting. The corrections in this document 
are minor and do not affect anyone's ability to comment with the 
current public comment period. As such, comments remain due to EPA on 
or before December 31, 1998.
    During the public comment period, interested parties have 
identified several errors in the proposed rule published in the Federal 
Register of June 3, 1998 (63 FR 30302). The errors consist of 
typographical errors and other drafting errors. This document corrects 
these errors.

VII. What Actions Were Required By the Various Regulatory 
Assessment Mandates?

    This document does not impose any requirements. It only corrects 
errors in a proposed rule. As such, this document does not require 
review by the Office of Management and Budget (OMB) under Executive 
Order 12866, entitled Regulatory Planning and Review (58 FR 51735, 
October 4, 1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., or Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). For the same reason, it does not require any action under Title 
II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4), 
or Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), Pub. 
L. 104-113, section 12(d) (15 U.S.C. 272 note). In addition, no action 
is needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.). These determinations are based on this document. For information 
about the determinations made for the original proposed rule, please 
refer to the Federal Register of June 3, 1998 (63 FR 30349).

VIII. Are There Any Impacts on Tribal, State, and Local 
Governments?

    There are no impacts on the State, local, or tribal governments. 
Under Executive Order 12875, entitled Enhancing Intergovernmental 
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local, or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 12875 
requires EPA to provide to the Office of Management and Budget a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local, and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's proposed rule does not create an unfunded federal mandate 
on State, local, or tribal governments. The proposed rule does not 
impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of Executive Order 12875 do not apply to 
this proposed rule.
    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely

[[Page 70089]]

affects the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to the Office of Management and Budget, 
in a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's proposed rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this proposed rule.

List of Subjects in 40 CFR Part 745

    Environmental protection, Hazardous substances, Lead-based paint, 
Lead poisoning, Reporting and recordkeeping requirements.

    Dated: December 11, 1998.

William H. Sanders III,

Director, Office of Pollution Prevention and Toxics.

    In FR Doc. 98-14736 published on June 3, 1998 (63 FR 30302) make 
the following corrections:
    1. On page 30322, in the table entitled ``Table 3.--Hazard 
Evaluation and Control Costs'', under the second heading of the table 
entitled ``Single-Family'', in the fifth entry, ``45,706'' is corrected 
to read ``5,706''.
    2. On the same page, in the same table, under the third heading of 
the table entitled ``Multi-family (per unit)'', in the fifth entry, 
``12,275'' is corrected to read ``2,275''.
    3. On page 30351, in the first column, under the paragraph entitled 
``4. Sensitivity and uncertainty analyses.'', in the second paragraph, 
in the seventh line, ``(Refs. 109 and 110).'' is corrected to read 
``(Refs. 107 and 108).''.


Sec. 745.227   [Corrected]

    4. On page 30354, in the third column, in Sec. 745.227(d)(4), 
remove the second sentence.
[FR Doc. 98-33630 Filed 12-17-98; 8:45 am]
BILLING CODE 6560-50-F