[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51808-51811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20846]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R01-OPPT-2010-0470; FRL-10-032; FRL-9191-9]


Lead-Based Paint Renovation, Repair and Painting Activities in 
Target Housing and Child Occupied Facilities; State of Rhode Island and 
State of Massachusetts. Notice of Self-Certification Program 
Authorization, Request for Public Comment, Opportunity for Public 
Hearing

AGENCY: Environmental Protection Agency (EPA)

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

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SUMMARY: This notice announces that on April 20, 2010, the State of 
Rhode Island, and on July 9, 2010, the State of Massachusetts, were 
deemed authorized under section 404(a) of the Toxic Substances Control 
Act (TSCA), 15 U.S.C. 2684(a), and 40 CFR 745.324(d)(2), to administer 
and enforce requirements for renovation, repair and painting programs 
in accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3). 
This notice also announces that EPA is seeking comment during a 45-day 
public comment period, and is providing an opportunity to request a 
public hearing within the first 15 days of this comment period, on 
whether Rhode Island's and Massachusetts's programs are at least as 
protective as the Federal program and provide for adequate enforcement. 
This notice also announces that Rhode Island's and Massachusetts's 
402(c)(3) programs were deemed authorized by regulation and statute on 
April 20, 2010, and July 9, 2010, respectively, and will continue 
without further notice unless EPA, based on its own review and/or 
comments received during the comment period, disapproves the Rhode 
Island and Massachusetts program applications on or before October 20, 
2010 and January 9, 2011, respectively.

DATES: Comments, identified by docket control number, EPA-R01-OPPT-
2010-0470 must be received on or before October 7, 2010. In addition, a 
public hearing request must be submitted on or before September 7, 
2010.

ADDRESSES: Comments, and requests for a public hearing, may be 
submitted by mail, electronically, or in person. Please follow the 
detailed instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number EPA-R01-OPPT-2010-
0470 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: James M. Bryson, Technical Contact, 
Toxics and Pesticides Unit, Office of Environmental Stewardship, 
Environmental Protection Agency, Region 1, 5 Post Office Square--Suite 
100, OES 05-4, Boston, MA 02109, telephone number: (617) 918-1524; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing in 
the State of Rhode Island and the State of Massachusetts, individuals 
and firms falling under the North American Industrial Classification 
System (NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 
53131, e.g., General Building Contractors/Operative Builders, 
Renovation Firms, Individual Contractors, and Special Trade Contractors 
like Carpenters, Painters, Drywall Workers and Plumbers, ``Home 
Improvement'' Contractors, as well as Property Management Firms and 
some Landlords, who are also affected by these rules. 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 notice 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. 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 Additional Information, Including Copies of This 
Document or Other Related Documents?

    1. Electronically: You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, select ``Laws and Regulations,'' ``Regulations 
and Proposed Rules,'' and then look up the entry for this document 
under the ``Federal Register-Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.regulations.gov.
    2. In person: You may read this document, and certain other related

[[Page 51809]]

documents, by visiting Rhode Island Department of Health, 3 Capitol 
Hill-Room 206, Providence, RI 02908-5097; contact person, Robert 
Vanderslice, telephone number (401) 222-7766 or in Massachusetts, the 
Department of Labor, Division of Occupational Safety, 1001 Watertown 
Street, Newton, MA 02465; contact persons, Patricia Sutliff and Frank 
Kramarz, telephone number (617) 969-7177. You may also read this 
document, and certain other related documents, by visiting the 
Environmental Protection Agency, Region 1 Library, 5 Post Office Sq., 
Boston, MA 02109. You should arrange your visit to the EPA office by 
contacting the technical person listed under FOR FURTHER INFORMATION 
CONTACT. Also, EPA has established an official record for this action 
under docket control number EPA-R01-OPPT-2010-0470. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Rhode Island and State of Massachusetts 402(c)(3) 
program authorization applications, any public comments received during 
an applicable comment period, and other information related to this 
action, including any information claimed as Confidential Business 
Information (CBI).

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number EPA-R01-OPPT-2010-0470 in the 
subject line on the first page of your response.
    1. By mail or in person or by courier: Submit or deliver your 
comments and public hearing requests to: James M. Bryson, EPA Region 1. 
The Regional office is open from 9 a.m. to 5 p.m., Monday through 
Friday, excluding legal holidays.
    2. Electronically: You may submit your comments and public hearing 
requests electronically by e-mail to: [email protected] or mail 
your computer disk to the address identified above. Do not submit any 
information electronically that you consider to be Confidential 
Business Information (CBI). Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in Microsoft Word or ASCII file format.

D. How Should I Handle CBI Information That I Want To Submit to the 
Agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page 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 that you mail to 
EPA 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 as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. If you have any questions 
about CBI or the procedures for claiming CBI, please consult the 
technical person identified under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action Is the Agency Taking?

    EPA is announcing that on April 20, 2010, the State of Rhode 
Island, and on July 9, 2010, the State of Massachusetts, were deemed 
authorized under section 404(a) of TSCA, and 40 CFR 745.324(d)(2), to 
administer and enforce requirements for a renovation, repair and 
painting program in accordance with section 402(c)(3) of TSCA. This 
notice also announces that EPA is seeking comment and providing an 
opportunity to request a public hearing on whether these State programs 
are at least as protective as the Federal program and provide for 
adequate enforcement. The 402(c)(3) program ensures that training 
providers are accredited to teach renovation classes, that individuals 
performing renovation activities are properly trained and certified as 
renovators, that firms are certified as renovation firms, and that 
specific work practices are followed during renovation activities. On 
April 20, 2010, Rhode Island and on July 9, 2010, the State of 
Massachusetts submitted applications under section 404 of TSCA 
requesting authorization to administer and enforce requirements for a 
renovation, repair and painting program in accordance with section 
402(c)(3) of TSCA, and submitted a self-certification that their 
respective program is at least as protective as the Federal program and 
provides for adequate enforcement. Therefore, pursuant to section 
404(a) of TSCA, and 40 CFR 745.324(d)(2), the Rhode Island and 
Massachusetts renovation programs were deemed authorized as of the date 
of submission and until such time as the Agency disapproves the program 
application or withdraws program authorization. Pursuant to section 
404(b) of TSCA and 40 CFR 745.324(e)(2), EPA is providing notice, 
opportunity for public comment and opportunity for a public hearing on 
whether the State program application is at least as protective as the 
Federal program and provides for adequate enforcement. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time and place of the hearing. The authorization 
of the Rhode Island and Massachusetts 402(c)(3) programs, which were 
deemed authorized by regulation and statute on April 20, 2010 and July 
9, 2010, respectively, will continue without further notice unless EPA, 
based on its own review and/or comments received during the comment 
period, disapproves the program applications on or before October 30, 
2010 for Rhode Island and January 9, 2011 for Massachusetts.

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), entitled Lead Exposure Reduction. In the Federal Register 
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section 
402(c)(3) regulations governing renovation activities. The regulations 
require that in order to do renovation activities for compensation, 
renovators must first be properly trained and certified, must be 
associated with a certified renovation firm, and must follow specific 
work practice standards, including recordkeeping requirements. In 
addition, the rule prescribes requirements for the training and 
certification of dust sampling technicians. EPA believes that 
regulation of renovation activities 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.
    Under section 404 of TSCA, a state may seek authorization from EPA 
to administer and enforce its own renovation, repair and painting 
program in lieu of the Federal program. The regulation governing the 
authorization of a State program under section 402 of

[[Page 51810]]

TSCA is codified at 40 CFR part 745, subpart Q. States 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 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, as 
required by section 404(b) of TSCA. EPA's regulations at 40 CFR part 
745, subpart Q provide the detailed requirements a State program must 
meet in order to obtain EPA approval. A state may choose to certify 
that its own renovation, repair and painting program meets the 
requirements for EPA approval, by submitting a letter signed by the 
Governor or Attorney General stating that the program is at least as 
protective of human health and the environment as the Federal program 
and provides for adequate enforcement. Upon submission of such a 
certification letter the program is deemed authorized pursuant to TSCA 
section 404(a) and 40 CFR 745.324(d)(2). This authorization becomes 
ineffective, however, if EPA disapproves the application or withdraws 
the program authorization.

III. State Program Description Summaries

    The following program summary is from Rhode Island's self-
certification application:

Program Summary; State of Rhode Island; Renovation, Repair, and 
Painting Program/Lead-Safe Renovator Certification Program

    The state of Rhode Island is submitting an application to the U.S. 
Environmental Protection Agency (EPA) certifying that the state's 
Renovation, Repair, and Painting Program/Lead-Safe Renovator Program is 
as protective as the EPA program and is authorized when the application 
is submitted to EPA. The Rhode Island Department of Health (HEALTH) is 
the lead agency for these programs. HEALTH currently has EPA-authorized 
programs for lead-based paint activities training and certification and 
pre-renovation notification.
    The rules for the Renovation, Repair, and Painting Program/Lead-
Safe Renovator Program are found in R23-24.6-PB-Section 14.0 of the 
Rhode Island Rules and Regulations For Lead Poisoning Prevention. The 
amendments to this regulation that contain these requirements are 
effective on March 30, 2010. These rules already cover all lead-based 
paint activities that are conducted in target housing and child-
occupied facilities:
    1. Establish the licensing of lead hazard control firms, effective 
May 1, 2010.
    2. Establish work practice requirements for renovation.
    3. Establish licensing requirements for persons and firms that 
conduct these activities. To be licensed, persons must complete an 
approved training program, apply for licensure, and pay a fee of $40. 
Firms must employ at least one licensed lead-safe remodeler/renovator, 
must apply for licensure and pay a fee of $40.
    4. Establish procedures for the suspension, revocation, or 
modification of certifications.
    5. Establish requirements for the approval of lead-safe renovator 
training programs and procedures for the suspension, revocation, or 
modification of training program approvals.
    6. Define violations of these rules, establish procedures to assess 
penalties for violations of these rules, and establish administrative 
procedures for persons or firms to appeal these penalties.
    The legal authority for the renovation, repair, and painting 
program/lead-safe renovator certification is found in Chapters 23-
24.6.6 and 42-35 of the Rhode Island General Laws, as amended.
    The following program summary is from the Massachusetts self-
certification application:

Program Summary; State of Massachusetts; Renovation, Repair, and 
Painting Program/Lead-Safe Renovator Certification Program

    The State of Massachusetts is submitting an application to the U.S. 
Environmental Protection Agency (EPA) certifying that the state's 
Renovation, Repair, and Painting Program/Lead-Safe Renovator Program is 
as protective as the EPA program and is authorized when the application 
is submitted to EPA. The Massachusetts Department of Labor, Division of 
Occupational Safety (MADOS), is the lead agency for these programs. 
MADOS currently has an EPA-authorized program for lead-based paint 
activities training and certification.
    The rules for the Renovation, Repair, and Painting Program/Lead-
Safe Renovator Program are found in 454 CMR 22.00, Deleading And Lead-
Safe Regulations of the State of Massachusetts and are promulgated in 
accordance with and under the authority of M.G.L. c. 111, sections 189A 
through 199B and M.G.L. c. 149, section 6. The amendments to this 
regulation that contain these requirements are effective on July 9, 
2010. These rules cover all renovation, repair and painting activities 
that are conducted in target housing and child-occupied facilities. 
These rules:
    1. Establish the discipline of lead-safe renovator.
    2. Establish work practice requirements for renovation.
    3. Require firms and other entities who carry out the work to be 
licensed as Lead-Safe Renovation Contractors and that the work be 
overseen at all times by Certified Lead-Safe Renovator-Supervisors. To 
be certified, persons must complete an approved training program. Firms 
must employ at least one certified lead-safe renovator, must apply for 
licensing and pay a fee of $375.
    4. Establish procedures for the suspension, revocation, or 
modification of licenses and certifications.
    5. Establish requirements for the approval of lead-safe renovator 
training programs and procedures for the suspension, revocation, or 
modification of training program approvals.
    6. Define violations of these rules, establish procedures to assess 
penalties for violations of these rules, and establish administrative 
procedures for persons or firms to appeal these penalties.
    The renovation, repair, and painting program/lead-safe renovator 
provisions found in 454 CMR 22.00 are promulgated in accordance with 
and under the authority of M.G.L. c. 111, section 189A through 199B and 
M.G.L. c. 149, section 6.

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 
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 program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a state or Indian Tribal renovation, repair 
and painting program, after notice and opportunity for corrective 
action, if the program is not being administered or enforced in 
compliance with standards, regulations, and other requirements 
established under the authorization. The procedures EPA will follow for 
the withdrawal of an authorization are found at 40 CFR 745.324(i).

[[Page 51811]]

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation, 
Renovation work practice standards, Renovation training, Renovation 
certification, Renovation notification, Reporting and recordkeeping 
requirements, State of Rhode Island, State of Massachusetts.

    Dated: August 16, 2010.
Ira W. Leighton,
Deputy Regional Administrator, Region 1.
[FR Doc. 2010-20846 Filed 8-20-10; 8:45 am]
BILLING CODE 6560-50-P