[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Proposed Rules]
[Pages 11570-11572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3283]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2004-0126; FRL-7690-8]


Lead Hazard Information Pamphlet; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of availability.

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

SUMMARY:  This notice announces the availability of EPA's new lead 
hazard information pamphlet for renovation activities, Protect Your 
Family from Lead During Renovation, Repair & Painting, for review and 
comment. There is an increased risk of lead-based paint poisoning 
during renovation activities, particularly to children under 6 years of 
age. To better inform families about the risks and to encourage greater 
public health and safety during renovation activities in target 
housing, EPA has developed a renovation-specific information pamphlet 
for families. This new pamphlet gives information on lead-based paint 
hazards in a home, lead testing, how to select a contractor, what 
precautions to take during the renovation, and proper cleanup 
activities. EPA is seeking comment on all aspects of the pamphlet's 
content and design. After reviewing the comments, EPA will publish a 
final version of the pamphlet that may be used to comply with the 
requirements of section 406(b) of the Toxic Substances Control Act 
(TSCA).

DATES:  Comments, identified by docket identification (ID) number EPA-
HQ-OPPT-2004-0126, must be received on or before April 7, 2006.

ADDRESSES:  Submit your comments, identified by docket ID number EPA-
HQ-OPPT-2004-0126, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2004-0126. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2004-0126. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available in the 
on-line docket at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
regulations.gov, or e-mail. The regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
at http://www.regulations.gov/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in the online docket at 
http://www.regulations.gov/ or in hard copy at the OPPT Docket, EPA 
Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The EPA Docket 
Center Reading Room telephone number is (202) 566-1744, and the 
telephone number for the OPPT Docket, which is located in the EPA 
Docket Center, is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Colby Lintner, Regulatory Coordinator, Environmental Assistance 
Division (7408M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail 
address: [email protected].
    For technical information contact: Joshua B. Novikoff, National 
Program Chemicals Division (7404T), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0502; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you perform 
renovations in target housing for compensation. Target housing is 
defined as any housing constructed prior to 1978, except 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 such housing) 
or any 0-bedroom dwelling (40 CFR 745.103). Potentially affected 
entities may include, but are not limited to:
     Renovators (NAICS 236118), e.g., general building 
contractors/operative builders, renovation firms, individual 
contractors.
     Special trade contractors, e.g., carpenters (NAICS 38350), 
painters (NAICS 238320), drywall workers and lathers (NAICS 238310), 
home improvement contractors.
     Landlords (NAICS 561110), e.g., multi-family housing 
property management firms and owners.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 745.82. If you 
have any questions regarding the applicability of

[[Page 11571]]

this action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity, obscene language, or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline.

II. What Action Is the Agency Taking?

A. Development of a New Pamphlet

    EPA has determined that there is a need for a new information 
pamphlet that addresses renovation-specific lead exposure concerns. 
Existing regulations at 40 CFR part 745, subpart E, require each person 
who performs a renovation for compensation of target housing (as 
defined under 40 CFR 745.103) to provide a lead hazard information 
pamphlet to owners and occupants of such housing prior to commencing 
the renovation. These regulations implement TSCA section 406(b). The 
pamphlet currently used, Protect Your Family from Lead in Your HomeROW 
was developed under the Congressional mandate in section 406(a) of 
TSCA.
    Renovation activities create an increased risk of lead-based paint 
poisoning, particularly to children under 6 years of age, and the 
renovation-specific pamphlet will better inform families about such 
risks and encourage greater public health and safety during renovation 
activities in target housing. This new pamphlet gives information on 
lead-based paint hazards in a home, lead testing, how to select a 
contractor, what precautions to take during the renovation, and proper 
cleanup activities, while still incorporating the information already 
included in the original pamphlet and mandated in section 406(a) of 
TSCA.
    In addition, EPA plans to modify Protect Your Family from Lead 
During Renovation, Repair, & Painting to provide information on new 
requirements to minimize the introduction of lead hazards resulting 
from the disturbance of lead-based paint during renovation, repair, and 
painting activities in most housing built before 1978. EPA proposed 
these requirements, Lead; Renovation, Repair, and Painting Program, in 
the Federal Register of January 10, 2006 (71 FR 1588) (FRL-7755-5). The 
proposal introduces lead training, certification, and safe work 
practice requirements for contractors involved in renovation, repair, 
and painting activities. The proposal would also modify the existing 
regulations at 40 CFR part 745, subpart E, that implement TSCA section 
406(b) to require the distribution of this new pamphlet instead of the 
current pamphlet, Protect Your Family from Lead in Your Home. In the 
preamble to the proposal, EPA stated that it would also be publishing 
this Federal Register notice to announce the availability of Protect 
Your Family from Lead During Renovation, Repair, & Painting for notice 
and comment.
    The Renovation, Repair, and Painting Program proposed rule, issued 
under the authority of TSCA section 402(c)(3), would require that 
renovators are trained in the use of lead safe work practices, that 
renovators and firms are certified, that providers of renovation 
training are accredited, and that renovators follow renovation work 
practice standards. The standards would apply to all persons who do 
renovation for compensation, including renovation contractors, 
maintenance workers in multi-family housing, painters, and contractors 
in other specialty trades.
    The following are examples of work practices described in the 
proposal:
     Renovations would be performed by certified firms.
     Certified firms would use certified renovators to perform 
certain activities and would provide on-the-job-training for 
uncertified workers.
     Firms would post signs clearly defining the work area and 
warning occupants and other persons not involved in renovation 
activities to remain outside of the work area.
     Before beginning the renovation, the firm would isolate 
the work area so that no visible dust or debris leaves the work area 
while the renovation is being performed.
     Waste from renovation activities would be contained to 
prevent releases of dust and debris.
     After the renovation is complete, the firm would clean the 
work area. A certified renovator may verify the cleanliness of the work 
area using a procedure involving disposable cleaning cloths.
    The proposed rule would apply to housing with lead-based paint 
built before 1978. EPA is proposing a two-phased approach, with the 
first phase focusing on rental and owner-occupied housing built before 
1978 where a child has an increased blood lead level, in rental housing 
built before 1960 and in owner-occupied housing built before 1960 where 
children under age 6 reside. The second phase would apply to 
renovations in rental housing built between 1960 and 1978 and to owner-
occupied housing built after 1960 and before 1978 where children under 
age 6 reside.
    You may submit comments on the Renovation, Repair, and Painting 
Program proposed rule, identified by Docket ID number EPA-HQ-OPPT-2005-
0049, online through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting 
comments. Other methods for submitting comments are also described in 
the proposed rule.

B. Request for Comments

    EPA is seeking public comment on all aspects of the new pamphlet's 
design. This includes the tone of the pamphlet, and the extent to which 
the current wording and design tend to support (or undermine) its 
effectiveness as an educational tool. One issue that EPA has considered 
is the need to balance technical accuracy with clarity and freedom from 
overly technical jargon. The extent to which the current draft is

[[Page 11572]]

clear and understandable is of primary concern to the Agency. In 
addition, EPA is particularly interested in how helpful the pamphlet is 
compared to the old pamphlet and how appropriately it addresses 
renovation-specific issues.
    In designing the layout of the pamphlet, EPA has been aware of the 
need to develop a dynamic and engaging document while ensuring that the 
pamphlet can be easily and inexpensively reprinted. This approach has 
led the Agency to incorporate a layout and illustrations that anchor 
many of the pamphlet's key points while providing visual interest. EPA 
requests comment on whether the draft images may be altered in any way 
to increase their effectiveness.
    In addition to soliciting public input through this notice, EPA 
conducted focus tests to obtain feedback on the draft pamphlet's 
current reading level, content, and graphic presentation. EPA conducted 
these tests during the spring of 2004 in Washington, DC and Arlington, 
VA. The tests consisted of written survey questions and moderated group 
discussions and were conducted with a group of homeowners and 
separately with a group of contractors. The focus tests proved valuable 
in providing overall impressions of the draft pamphlet's strengths and 
weaknesses. As a direct result of the feedback, EPA made revisions to 
clarify the intended audience and goal of the pamphlet and strengthen 
the message that renovation and remodeling work can be done safely if 
done properly. Revisions included highlighting the significance of lead 
dust; clarifying the message about the likelihood of the presence of 
lead, the responsibilities of contractors, and testing options; and 
better describing what constitutes lead safe work practices.
    After reviewing the comments submitted in response to this notice, 
EPA will publish a final version of the pamphlet. The final version may 
be used to comply with the requirements of section 406(b) of the Toxic 
Substances Control Act (TSCA).

III. References

    Reference 1 is available from the National Lead Information 
Clearinghouse (NLIC) at 1-800-424-LEAD or TDD: 1-800-526-5456 or the 
EPA Public Information Center at (202) 260-2080 and from the Internet 
at www.epa.gov/lead/leadprot.htm. Both references are available via 
http://www.regulations.gov/ and can also be viewed in person at the EPA 
Docket Center.
    1. U.S. Environmental Protection Agency, U.S. Consumer Product 
Safety Commission, and U.S. Department of Housing and Urban 
Development. Protect Your Family from Lead in Your Home. U.S. 
Government Printing Office, Washington, DC. June 2003.
    2. U.S. Environmental Protection Agency, U.S. Consumer Product 
Safety Commission, and U.S. Department of Housing and Urban 
Development. Protect Your Family from Lead During Renovation, Repair & 
Painting draft pamphlet. U.S. Government Printing Office, Washington, 
DC. 2005.

List of Subjects in 40 CFR Part 745

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


    Dated: March 1, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E6-3283 Filed 3-7-06; 8:45 am]
BILLING CODE 6560-50-S