[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21769-21770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2004-0126; FRL-8358-6]


Lead Hazard Information Pamphlet; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of EPA's new lead 
hazard information pamphlet for renovation activities, Renovate Right: 
Lead Hazard Information for Families, Child Care Providers and Schools 
(Renovate Right). There is an increased risk of exposure to lead-based 
paint hazards during renovation activities, particularly for children 
under 6 years of age. To better inform families, child care providers, 
and schools about the risks and to encourage greater public health and 
safety during renovation activities in target housing and child-
occupied facilities, EPA has developed a renovation-specific 
information pamphlet. This new pamphlet gives information on lead-based 
paint hazards, lead testing, how to select a contractor, what 
precautions to take during the renovation, and proper cleanup 
activities.

DATES: After June 23, 2008, the new pamphlet or Protect Your Family 
From Lead in Your Home may be used for compliance with the Pre-
Renovation Education Rule under TSCA section 406(b). After December 22, 
2008, the new pamphlet must be used exclusively.

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: Mike Wilson, National Program 
Chemicals Division, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number (201) 566-0521; 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 of target housing or child-occupied facilities for 
compensation. ``Target housing'' is defined in section 401 of TSCA as 
any housing constructed prior to 1978, except housing for the elderly 
or persons with disabilities (unless any child under age 6 resides or 
is expected to reside in such housing) or any 0-bedroom dwelling. EPA's 
Renovation, Repair, and Painting rule defines a child-occupied facility 
as a building, or a portion of a building, constructed prior to 1978, 
visited regularly by the same child, under 6 years of age, on at least 
2 different days within any week (Sunday through Saturday period), 
provided that each day's visit lasts at least 3 hours and the combined 
weekly visits last at least 6 hours, and the combined annual visits 
last at least 60 hours. Child-occupied facilities may be located in 
public or commercial buildings or in target housing. Potentially 
affected entities may include, but are not limited to:
     Building construction (NAICS code 236), e.g., single 
family housing construction, multi-family housing construction, 
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.
     Child day care services (NAICS code 624410).
     Elementary and secondary schools (NAICS code 611110), 
e.g., elementary schools with kindergarten classrooms.
    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 this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of the Pamphlet and Other Related Information?

    1. The pamphlet. Single copies of the pamphlet may be obtained by 
calling 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. Multiple copies are available through the Government 
Printing Office (GPO). The public may order by calling the GPO Order 
Desk at (202) 512-1800, faxing (202) 512-2233, or writing to 
Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-
7954. Request the publication by title, Renovate Right: Lead Hazard 
Information for Families, Child Care Providers and Schools. The 
pamphlet is also available on EPA's website at http://www.epa.gov/lead. 
The pamphlet may be reproduced by an individual or corporation without 
permission from EPA.

[[Page 21770]]

    2. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPPT-2004-0126. All documents 
in the docket are listed in the docket's index available athttp://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available electronically at http://www.regulations.gov, or, if only 
available in hard copy, at the OPPT Docket. The OPPT Docket is located 
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays. The telephone number of the EPA/DC Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. Docket visitors are required to show 
photographic identification, pass through a metal detector, and sign 
the EPA visitor log. All visitor bags are processed through an X-ray 
machine and subject to search. Visitors will be provided an EPA/DC 
badge that must be visible at all times in the building and returned 
upon departure.
     3. Electronic access. You may access this Federal Register 
document electronically through the EPA Internet under the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr.

II. Background

    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 Home, 
was developed as directed by TSCA section 406(a).
    Renovation activities create an increased risk of exposure to lead-
based paint hazards, particularly for 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 and child-occupied facilities. 
This new pamphlet gives information on lead-based paint hazards, 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 required by TSCA section 406(a).
    In addition, EPA has modified Renovate Right 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 target housing and child-occupied 
facilities. These requirements are contained in a final rule published 
elsewhere in today's issue of the Federal Register. The Renovation, 
Repair, and Painting rule, issued under the authority of TSCA section 
402(c)(3), applies to renovations performed for compensation in target 
housing and child-occupied facilities. Among other things, the rule 
establishes requirements for training renovators and other renovation 
workers; for certifying renovators and renovation firms; for 
accrediting providers of renovation training; for renovation work 
practices; and for recordkeeping. The work practice standards 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 rule also modifies the 
existing regulations at 40 CFR part 745, subpart E, that implement TSCA 
section 406(b) to allow and then require the distribution of Renovate 
Right instead of the current pamphlet,Protect Your Family From Lead in 
Your Home, to owners and occupants of target housing. Finally, the rule 
requires persons performing renovations for compensation in child-
occupied facilities to provideRenovate Right to the owner of the 
building and the proprietor of the child-occupied facility. In 
addition, renovation firms must either: (i) Provide the pamphlet and 
general information on the renovation to parents or guardians of 
children under age 6 using the facility, or (ii) erect signs that 
provide general information on the renovation accompanied by the 
pamphlet or information on how to obtain a copy of Renovate Right.
    During the development of Renovate Right, 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.
    In addition, EPA solicited public comments on the draft pamphlet, 
then entitled Protect Your Family From Lead During Renovation, Repair & 
Painting, through a Federal Register notice published on March 8, 2006 
(71 FR 11570) (FRL-7690-8). EPA received 16 comments on the draft 
pamphlet, including a request that EPA consider changing the name of 
the pamphlet to avoid confusion with the existing pamphlet entitled 
Protect Your Family From Lead in Your Home. EPA changed the name of 
this new pamphlet and incorporated the remaining comments where 
appropriate. More information on the comments received and how EPA 
modified the pamphlet to address those comments can be found in the 
docket for this action.

List of Subjects in 40 CFR Part 745

    Environmental protection, Child-occupied facility, Housing 
renovation, Lead, Lead-based paint, Renovation, Reporting and 
recordkeeping requirements.


    Dated: March 31, 2008.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E8-8142 Filed 4-21-08; 8:45 am]
BILLING CODE 6560-50-S