[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Proposed Rules]
[Pages 13561-13563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3824]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2006-0044; FRL-7760-3]


Lead Paint Test Kit Development; Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comments.

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SUMMARY: EPA is requesting information concerning the development of 
test kits or similar technologies for testing lead in paint that could 
be used by renovators, repair persons, and painters complying with a 
future EPA regulation for renovation, repair, and painting activities. 
This information will be considered in formulating EPA's policy and 
research decisions regarding the development of lead paint test kits. 
The lead paint test kits will allow renovators, repair persons, and 
painters to focus resources and identify locations where lead-based 
paint is present and reliably determine situations where appropriate 
preventive actions should be undertaken.

DATES: Comments must be received on or before April 17, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2006-0044, by one of the following methods.
     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, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID Number EPA-HQ-OPPT-2006-0044. 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-
2006-0044. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
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 website 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 
regulations.gov index. 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 electronically through regulations.gov or in 
hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Rm. 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OPPT Docket 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: TSCA-
[email protected].
    For technical information contact: John Schwemberger, National 
Program Chemicals Division (7404T), Office Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1972; 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 manufacture 
test kits or similar technologies for lead paint testing; conduct 
sampling or testing for lead in paint; renovate, repair, or paint in 
housing built before 1978; or arrange for renovation, repair, or 
painting of housing units built before 1978. Potentially affected 
entities may include, but are not limited to:
     Research and Development in Physical, Engineering, and 
Life Sciences (NAICS code 541710), e.g., developers of test kits or 
similar technologies for lead testing.
     Engineering Services (NAICS code 541330) and Building 
Inspection Services (NAICS code 541350), e.g., lead paint inspectors.
     Building construction (NAICS code 236), e.g., single 
family housing construction firms, multifamily housing construction 
firms, residential remodelers.
     Specialty trade contractors (NAICS code 238), e.g., 
plumbing, heating, and air-conditioning contractors; painting and wall 
covering contractors; electrical contractors; finish carpentry 
contractors; drywall and insulation contractors; siding contractors; 
tile and terrazzo contractors; glass and glazing contractors.
     Real estate (NAICS code 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
    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

[[Page 13562]]

certain entities. To determine whether you or your business may be 
affected by this action, you should carefully examine the applicability 
provisions in Sec.  745.82 of EPA's proposed regulation for Lead; 
Renovation, Repair, and Painting Program, published in the Federal 
Register on January 10, 2006 (71 FR 1587) (FRL-7755-5) under docket ID 
number EPA-HQ-OPPT-2005-0049. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

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 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 the estimate.
    vi. Provide specific examples to illustrate your concerns, and 
suggested alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is requesting information concerning the development of test 
kits or similar technologies for testing lead in paint that could be 
used by renovators, repair persons, and painters complying with a 
future EPA regulation for renovation, repair, and painting activities. 
This information will be considered in formulating EPA's policy and 
research decisions regarding the development of lead paint test kits. 
The lead paint test kits will allow renovators, repair persons, and 
painters to focus resources and identify locations where lead-based 
paint is present and reliably determine situations where appropriate 
preventive actions should be undertaken.
    EPA's proposed regulation for renovation, repair, and painting 
activities published in the January 10, 2006 Federal Register, and is 
available under docket ID number EPA-HQ-OPPT-2005-0049 at http://
www.regulations.gov/. You can also access the proposed rule directly at 
http://www.epa.gov/fedrgstr/EPA-TOX/2006/January/Day-10/t071.pdf.
    The proposed regulation calls for recognizing test kits that have a 
demonstrated probability of a negative response no more than 5% of the 
time for paint at or above the regulated lead level (i.e., kits with a 
false negative rate of no more than 5%). Under the proposed rule, these 
test kits could be used by trained and certified renovators in target 
housing to determine that the components affected by the renovation are 
free of lead-based paint. The proposed regulation also envisions the 
development of an improved, more accurate test kit that has:
    1. A demonstrated probability of a negative response no more than 
5% of the time for paint at or above the regulated lead level (i.e., a 
false negative rate of no more than 5%).
    2. A demonstrated probability of a positive response no more than 
10% of the time for paint below the regulated lead level (i.e., a false 
positive rate of no more than 10%).
    The planned effective dates of the renovation, repair, and painting 
regulation are based on improved test kits being commercially available 
approximately in 3 years. Readers seeking additional information, 
should refer to the proposed regulation published in the January 10, 
2006 Federal Register.
    EPA defines lead-based paint as any paint or other coating on a 
building component with either 1.0 milligrams or more lead per square 
centimeter or 0.5% or more lead by weight. The term ``regulated lead 
level'' refers to either of these two threshold numbers. A 
manufacturer, inventor, or vendor of a test kit or similar technology 
may choose either one of these numbers as the regulated level for 
demonstration and evaluation purposes. For the final regulation on 
renovation, repair, and painting activities, EPA would like a test kit 
or similar technology that meets the following specifications to be 
commercially available. The specifications below are consistent with 
those in the proposed regulation published in the January 10, 2006 
Federal Register, and provide additional detail.
Specifications:
    1. False negative rate of no more than 5% for paint above or equal 
to the regulated level.
    2. False positive rate of no more than 10% for paint below the 
regulated level.
    3. Cost of under $2 per test.
    4. Test results to be available within an hour. Test kit includes 
quality control samples so users can make sure the test kit is working 
properly when the test is conducted.
    5. The test kit can be reliably used by a renovator, repair person, 
or painter who has completed training in the use of the test kit, and 
who has been certified by an EPA, State, territorial, or tribal lead 
program. The test kit provides consistent results when used by any 
trained and certified renovator, repair person, or painter. Required 
test kit training is to be minimal, 2-3 hours.
    In addition, EPA is interested in a test kit or similar technology 
that can be applied to any paint in pre-1978 housing units regardless 
of the type of material (wood, metal, plaster, drywall, brick, 
concrete, etc.) beneath the paint. EPA is requesting information on 
test kits and similar technologies for testing lead in paint in the 
form of comments provided to the Agency no later than April 17, 2006. 
Comments are requested on the following topics:
    1. The feasibility of developing a test kit or similar technology 
that meets the specifications in this document.
    2. Manufacturers who have or could develop a test kit or similar 
technology that meets the specifications in this document.
    3. Current test kits or similar technologies for testing lead in 
paint that may meet the specifications in this document.
    4. Future test kits or similar technologies for testing lead in 
paint that will be available in approximately the next 3 years that may 
meet the specifications described in this document.

[[Page 13563]]

B. What is the Agency's Authority for Taking this Action?

    EPA is taking this action under section 3710a of the Federal 
Technology Transfer Act, 15 U.S.C. 3710a, and sections 10 and 405 of 
the Toxic Substances Control Act, 15 U.S.C. 2609 and 2685.

List of Subjects

    Environmental protection, Children, Hazardous substances, Health 
and safety, Lead-based paint test kit.


    Dated: March 9, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E6-3824 Filed 3-15-06; 8:45 am]
BILLING CODE 6560-50-S