[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36072-36075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14401]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0698; FRL-8352-3]


Hazard Education Before Renovation of Target Housing; State of 
Colorado Authorization Application

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; request for comments and opportunity for public 
hearing.

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

SUMMARY:  On June 29, 2007, EPA received an application from the State 
of Colorado requesting authorization to administer a program in 
accordance with section 406(b) of the Toxic Substances Control Act 
(TSCA). This program ensures that owners and occupants of target 
housing are provided information concerning potential hazards of lead-
based paint (LBP) exposure before certain renovations are begun on that 
housing. In addition to providing general information on the health 
hazards associated with exposure to lead, the lead hazard information 
pamphlet advises owners and occupants to take appropriate precautions 
to avoid exposure to lead-contaminated dust and LBP debris that are 
sometimes generated during renovations. EPA believes that distribution 
of the pamphlet will help to reduce the exposures that cause serious 
lead poisonings, especially in children under age 6, who are 
particularly susceptible to the hazards of lead.

DATES:  Comments must be received on or before August 11, 2008. In 
addition, a public hearing request may be submitted on or before July 
2, 2008.

ADDRESSES:  Submit all written comments and/or requests for a public 
hearing identified by docket identification (ID) number EPA-HQ-OPPT-
2007-0698, by one of the following methods:
     Federal e-Rulemaking 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-2007-0698. 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

[[Page 36073]]

are only accepted during the DCO'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-2007-0689. 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 http://www.regulations.gov, or e-mail. The http://www.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 http://www.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 the 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. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.
     Docket: All documents in the docket are listed in the 
docket index available in regulations.gov. To access the electronic 
docket, go to http://www.regulations.gov, select ``Advanced Search,'' 
then ``Docket Search.'' Insert the docket ID number where indicated and 
select the ``Submit'' button. Follow the instructions on the 
regulations.gov website to view the docket index or access available 
documents. Although listed in the index, some information is not 
publicly available, e.g., 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.

FOR FURTHER INFORMATION CONTACT:  Amanda Hasty, Pollution Prevention, 
Pesticides and Toxics Program (P3T), U.S. EPA, Region 8, 1595 Wynkoop 
St., Denver, CO 80202-1129; telephone number: (303) 312-6966; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may potentially be affected by this action if you perform 
renovations of target housing for compensation in the State of 
Colorado. Target housing is defined in the Code of Federal Regulations 
(see 40 CFR 745.103) as any housing constructed prior to 1978. 
Potentially affected entities may include, but are not limited to:
     Renovators (North American Industrial Classification 
System (NAICS) codes 236116, 236118), e.g., general building 
contractors/operative builders, renovation firms, individual 
contractors, and special trade contractors like carpenters, painters, 
drywall workers and lathers, ``home improvement'' contractors.
     Multi-family housing owners/managers (NAICS codes 531311, 
531110), e.g., property management firms and some landlords.
    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 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 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 
http://www.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 CD ROM or disk 
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:
    - Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    - Follow directions. EPA may ask you to respond to specific 
questions or organize comments by referencing a CFR part or section 
number.
    - Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    - Describe any assumptions and provide any technical information 
and/or data that you used.
    - If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    - Provide specific examples to illustrate your concerns and suggest 
alternatives.
    - Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    - Make sure to submit your comments by the comment period deadline 
identified.

II. Background

A. What Action is the Agency Taking?

    The State of Colorado has provided a self-certification letter 
stating that its pre-renovation notification program meets the 
requirements for authorization of a state program under section 404 of 
TSCA and has requested approval of the Colorado pre-renovation 
notification program. Therefore, pursuant to section 404 of TSCA, the

[[Page 36074]]

program is deemed authorized as of the date of submission, June 29, 
2007. If EPA subsequently finds that the program does not meet all the 
requirements for approval of a state program, EPA will work with the 
state to correct any deficiencies in order to approve the program. If 
the deficiencies are not corrected, a notice of disapproval will be 
issued in the Federal Register and a Federal program will be 
implemented in the state.
    Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), EPA 
provides notice and an opportunity for a public hearing on a state or 
tribal program application before approving the application. Therefore, 
by this notice EPA is soliciting public comment on whether the state of 
Colorado application meets the requirements for EPA approval. This 
notice also provides an opportunity to request a public hearing on the 
application. If a hearing is requested and granted, EPA will issue a 
Federal Register notice announcing the date, time, and place of the 
hearing. EPA's final decision on the application will be published in 
the Federal Register.

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

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute was the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 
2681-2692), titled Lead Exposure Reduction.
    Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to 
promulgate final regulations governing Lead-Based Paint (LBP) 
activities in target housing, public and commercial buildings, bridges 
and other structures. Those regulations are to ensure that individuals 
engaged in such activities are properly trained, that training programs 
are accredited, and that individuals engaged in these activities are 
certified and follow documented work practice standards. Under section 
404 of TSCA (15 U.S.C. 2684), a state may seek authorization from EPA 
to administer and enforce its own lead-based paint activities program.
    In the Federal Register of August 29, 1996 (61 FR 45777) (FRL-5389-
9), EPA promulgated final TSCA section 402/404 regulations governing 
LBP activities in target housing and child-occupied facilities (a 
subset of public buildings). Those regulations are codified at 40 CFR 
part 745, and allow both states and Indian tribes to apply for program 
authorization. Pursuant to section 404(h) of TSCA (15 U.S.C. 2684(h)), 
EPA was authorized to establish the Federal program in any state or 
tribal nation without its own authorized program in place by August 31, 
1998.
    States and tribes that choose to apply for program authorization 
must submit a complete application to the appropriate regional EPA 
office for review. Those applications will be reviewed by EPA within 
180 days of receipt of the complete application. To receive EPA 
approval, a state or tribe must demonstrate that its program is at 
least as protective of human health and the environment as the Federal 
program, and provides for adequate enforcement (section 404(b) of TSCA, 
15 U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q) 
provide the detailed requirements a state or tribal program must meet 
in order to obtain EPA approval.
    A state may choose to certify that its lead-based paint activities 
program (40 CFR part 745, subpart L) and/or pre-renovation notification 
program (40 CFR part 745, subpart E) meets the requirements for EPA 
approval, by submitting a letter signed by the Governor or Attorney 
General stating that the program meets the requirements of section 
404(b) of TSCA. Upon submission of such certification letter, the 
program is deemed authorized (15 U.S.C. 2684(a)). This authorization 
becomes ineffective, however, if EPA disapproves the application or 
withdraws the program authorization.

III. State Program Description Summary

    The following is a program description summary provided by the 
State of Colorado.
5.1.1
    Pursuant to Colorado Revised Statute, section 25-7-1104(2), the 
Division may delegate the implementation or enforcement of standards 
under Title 25, Part 11, C.R.S., to local health or building 
departments, as appropriate, if requested by such a local department. 
If the Division approves such a delegation to a local health or 
building department, the Division shall be the primary agency 
responsible for overseeing and coordinating administration and 
enforcement of the program and Mr. Steven D. Fine shall serve as the 
primary contact with EPA (40 CFR 745.324(b)(1)(ii)).
5.1.2
    At this time, there is no delegation to any local health or 
building department; therefore, the Division has not developed a 
description of the functions to be performed by each agency. If the 
Division ever performs such a delegation, it will submit to EPA the 
required information as detailed in 40 CFR 745.324(b)(1)(iii).
5.2
    Information necessary to demonstrate that the proposed regulation 
No. 19 is at least as protective as the Federal Program (40 CFR 
745.324(b)(2)).
5.2.1
    Description demonstrating program contains all elements specified 
in 40 CFR 745.326.
5.2.1.1
    Procedures and requirements for the distribution of lead hazard 
information to owners and occupants of target housing before 
renovations for compensation (40 CFR 745.325(a)(1)).
    Regulation No. 19, Part B, includes standards and procedures for 
the distribution of lead hazard information to owners and occupants of 
target housing before renovations for compensation. These standards and 
procedures include:
    - Clear standards for identifying home improvement activities that 
trigger the pamphlet distribution requirements at Regulation No. 19, 
Part B, Section I, Scope and Applicability and Section II.E. (40 CFR 
745.326(b)(1)).
    - Procedures for distributing the lead hazard information to owners 
and occupants of the housing prior to renovation activities 
requirements at Regulation No. 19, Part B, Section III., Information 
Distribution Requirements (40 CFR 745.326(b)(2)).
5.2.1.2
    An approved lead hazard information pamphlet meeting the 
requirements of section 406 of TSCA, as determined by EPA (40 CFR 
745.325(a)(2)). For distribution of a lead hazard information pamphlet, 
Regulation No. 19, Part B, has a definition of pamphlet, like the EPA 
definition of pamphlet, which requires either:
    - The lead hazard information pamphlet developed by EPA under 
section 406(a) of TSCA, titled Protect Your Family from Lead in Your 
Home at Regulation Number 19, Part B, Section II.D. (40 CFR 
745.326(c)(1)); or
    - An alternate pamphlet or package of lead hazard information that 
has been submitted by the State or Tribe, reviewed by EPA, and approved 
by EPA for use in that State or Tribe. Such information must meet the 
content requirements prescribed by section 406(a) of TSCA, and be in a 
format that is readable to the diverse audience of housing owners and 
occupants in that State or Tribe at Regulation No. 19, Sections II.D. 
(40 CFR 745.326(c)(2)).
5.3
    Analysis of Regulation No. 19, Part B Compared to Federal Program 
in 40 CFR part 745, subpart E.

[[Page 36075]]

    The following analysis demonstrates that the State of Colorado's 
program is at least as protective as the elements of the Federal 
program.
5.3.1
    Purpose of the proposed regulation. The purpose of the Pre-
Renovation Education in Target Housing Regulation Number 19, Part B, is 
to reduce exposure to lead hazards that may result from renovation 
activities conducted in ``target housing,'' including dwelling units 
and common areas. Regulation Number 19, Part B, will not regulate 
activities in public or commercial buildings. Regulation Number 19, 
Part B, includes provisions to establish requirements for certain 
persons who perform renovations of target housing for compensation to 
provide a lead hazard information pamphlet to the owner and occupant of 
such housing prior to commencing the renovation.
5.3.2
    Program elements. The Division has followed EPA's regulation at 40 
CFR part 745 and the State Legislature's statutory requirements to 
develop Regulation Number 19, Part B, to be both consistent with the 
federal program and acceptable to EPA. Implementation of Regulation 
Number 19, Part B, is an appropriate step to continuing to prevent 
exposing children to lead hazards that may result from certain 
renovation activities in ``target housing.'' The scope and 
applicability of Regulation Number 19, Part B, (Section I., Scope and 
Applicability) has the same meaning as the scope and applicability of 
EPA's program (40 CFR 745.82).
    Regulation Number 19, Part B, includes or incorporates definitions 
(Section II, Definitions) that are nearly identical to EPA's program 
(40 CFR 745.83). This includes the clear requirement that the 
information must meet the requirements of TSCA 406(a) or be approved by 
EPA pursuant to 40 CFR 745.326.
    The information distribution requirements provided by Regulation 
Number 19, Part B, (Section III., Information Distribution 
Requirements) are nearly identical to EPA's (40 CFR 745.85). The 
information distribution requirements of Regulation Number 19, Part B, 
include renovations in dwelling units (section III.A.), renovation in 
common areas (Section III.B.), and written acknowledgements (Section 
III.C.) which correspond almost word for word to EPA requirements (40 
CFR 745.85(a), (b) and (c)). Regulation No. 19, Part B, includes 
recordkeeping requirements (Section IV., Recordkeeping Requirements) 
designed to match those of the EPA (40 CFR 745.86).
    Also included in Regulation Number 19, Part B, is sample language 
for acknowledgement and certification statements (Section V., 
Acknowledgement and Certification Statements). The sample language in 
this section was designed to match the clear intent and have the same 
meaning as EPA program's sample language (40 CFR 745.88).
5.3.3 Conclusion
    This analysis of substantive program elements demonstrates that 
Colorado's Pre-Renovation Education in Target Housing Regulation Number 
19, Part B, is at least as protective of human health and the 
environment as the Federal regulations developed pursuant to TSCA 
section 406.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate, 
or fail or refuse to comply with, any requirement of an approved State 
or Tribal program. Therefore, EPA reserves the right to exercise its 
enforcement authority under TSCA against a violation of, or a failure 
or refusal to comply with, any requirement of an authorized state or 
tribal program.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of this document in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation 
notification, Reporting and recordkeeping requirements.


    Dated: May 27, 2008.
Robert E. Roberts,
Administrator, Region VIII.
[FR Doc. E8-14401 Filed 6-24-08; 8:45 am]
BILLING CODE 6560-50-S