[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Rules and Regulations]
[Pages 36281-36282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14507]



[[Page 36281]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-8368-9]
RIN 2070-AC83


Small Entity Compliance Guide to Renovate Right: EPA's Lead-Based 
Paint Renovation, Repair, and Painting Program; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is issuing a notice of availability of its Small Entity 
Compliance Guide to Renovate Right: EPA's Lead-Based Paint Renovation, 
Repair, and Painting Program (hereinafter referred to as the ``small 
entity compliance guide''). This small entity compliance guide is for 
contractors, painters, property managers, maintenance personnel, and 
other professionals that disturb painted surfaces while working in 
homes and child-occupied facilities, such as child care centers and 
schools, built before 1978. The small entity compliance guide was 
developed by EPA to help small entities comply with the new Lead-Based 
Paint Renovation, Repair, and Painting Program requirements published 
in the April 22, 2008 Federal Register. This document is published by 
the EPA as the official compliance guide for small entities, pursuant 
to section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), as amended.

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 (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 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 the Toxic 
Substances Control Act (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. ``Child-occupied facility'' is defined by the 
Lead-Based Paint Renovation, Repair, and Painting Program 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. The definition of 
child-occupied facilities also includes common areas routinely used by 
children under age 6 and portions of the exterior that are immediately 
adjacent to the child-occupied facility or covered common area. 
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.
     Other technical and trade schools (NAICS code 611519), 
e.g., training providers.
     Engineering services (NAICS code 541330) and building 
inspection services (NAICS code 541350), e.g., dust sampling 
technicians.
    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 the Lead; Renovation, 
Repair, and Painting Program final rule (40 CFR part 745, subpart E). 
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 Compliance Guide and Other Related 
Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPPT-2005-0049. All documents 
in the docket are listed in the docket's index available at http://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.
    2. 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.
    3. Small entity compliance guide. The small entity compliance guide 
is available on EPA's website at http://www.epa.gov/lead/pubs/renovation and may be reproduced by an individual or corporation 
without permission from EPA.

[[Page 36282]]

II. Background

    In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), EPA issued the Lead; Renovation, Repair, and Painting Program final 
rule (40 CFR part 745, subpart E) that applies to renovations performed 
for compensation in target housing and child-occupied facilities built 
before 1978 by requiring, among other things:
     Training for renovators.
     Certification of renovators and firms.
     Accreditation of training providers.
     Use of renovation work practice standards, such as posting 
warning signs; containing work areas so that no dust or debris leaves 
the work area while the renovation is being performed; prohibiting 
certain high dust-generating work practices; and a cleanup and cleaning 
verification protocol.
    The final rule is effective June 23, 2008. However, certain 
provisions of the final rule, such as requiring the use of the work 
practices, do not become effective until April 22, 2010.
    EPA examined the economic implications of that final rule as 
required by the Regulatory Flexibility Act (5 U.S.C. 601-602). The 
Agency concluded that a substantial number of small entities will be 
affected by the final rule.
    Pursuant to section 212 of SBREFA (Public Law 104-121, as amended), 
EPA is making available a small entity compliance guide, summarizing in 
plain language the requirements of the final rule.
    The small entity compliance guide represents the Agency's current 
thinking on the subject. It does not create or confer any rights for or 
on any person and does not operate to bind EPA or the public.

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: June 20, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E8-14507 Filed 6-25-08; 8:45 am]
BILLING CODE 6560-50-S