[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27621-27623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11669]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2005-0049; FRL-9927-40]
Lead; Renovation, Repair and Painting Program; Lead Test Kit
Stakeholder Meeting; Notice of Public Meeting
AGENCY: Environmental Protection Agency (EPA).
[[Page 27622]]
ACTION: Notice of meeting.
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SUMMARY: On April 22, 2008, EPA published the Lead Renovation, Repair
and Painting (RRP) rule, which established performance recognition
criteria for lead test kits for use as an option to determine if
regulated lead-based paint is not present in target housing and child-
occupied facilities. The use of an EPA-recognized lead test kit, when
used by a trained professional, can reliably determine that regulated
lead-based paint is not present by virtue of a negative result. The RRP
rule also established negative-response and positive-response criteria
outlined in the CFR for lead test kits recognized by EPA. This document
announces EPA's plan to hold a meeting for interested stakeholders and
the public on Thursday, June 4, 2015. At the meeting, EPA is seeking
information related to: The existing market for lead test kits as
referenced in the 2008 RRP rule; the development or modification of
lead test kit(s) that may meet EPA's positive-response criterion (in
addition to the negative-response criterion); and other alternatives
for lead-based paint field testing.
DATES: The meeting will be held on Thursday, June 4, 2015 from 10 a.m.
to 12 p.m.
Requests to attend the meeting should be sent to the Agency's lead
information Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the technical information points of contact under FOR FURTHER
INFORMATION CONTACT. Upon request, Web and telephone conferencing
information will be provided for those who wish to attend the meeting
remotely. RSVP responses confirming attendance to the meeting either in
person or remotely should be sent to the Agency's lead information
Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the
technical persons listed under FOR FURTHER INFORMATION CONTACT on or
before May 26, 2015. Requests to share information on the related
topics at the meeting should be sent to the Agency's lead information
Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the
technical persons listed under FOR FURTHER INFORMATION CONTACT on or
before May 26, 2015. Additionally, registered participants who wish to
provide responses to the requested lead test kit topics during the
meeting should notify the Agency via EPA's lead information Contact Us
form at http://www2.epa.gov/lead/forms/contact-us or the technical
persons listed under FOR FURTHER INFORMATION CONTACT on or before May
26, 2015.
To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT,
preferably by May 26, 2015, to give EPA as much time as possible to
process your request.
ADDRESSES: The meeting will be held at EPA William Jefferson Clinton
East Building, 1201 Constitution Ave. NW., Washington, DC 20004.
Meeting participants and other interested parties who wish to
respond in writing to the requested lead test kit topics outlined
above, as well as the forthcoming Information Docket, may submit
written materials identified by docket identification (ID) number EPA-
HQ-OPPT-2005-0049, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
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: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, are available at http://www.epa.gov/dockets. The docket for this action will remain open until
July 6, 2015.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Christina Wadlington, National Program Chemicals Division (7404M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number: (202) 566-1859; email address: [email protected] or
Toiya Goodlow, National Program Chemicals Division (7404M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
566-2305; email address: [email protected].
For general information contact: The National Lead Information
Center, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620;
telephone number: 1-800-424 -LEAD (5323); online information request
form: http://www2.epa.gov/lead/forms/lead-hotline-national-lead-information-center.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This document is directed to stakeholders that develop, manufacture
and/or sell lead test kits or other lead-based paint field testing
instruments. You may be potentially affected by this action if you
manufacture or sell lead test kits, or if you use lead test kits to
determine if lead-safe work practices are required under the RRP rule
to perform renovations for compensation in target housing or child-
occupied facilities. Examples of child-occupied facilities are day-care
centers, preschools, and kindergarten classrooms.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket ID number EPA-HQ-
OPPT-2005-0049, is available at http://www.regulations.gov or at the
Office of Pollution Prevention and Toxics Docket (OPPT Docket),
Environmental Protection Agency Docket Center (EPA/DC), EPA William
Jefferson Clinton West Building, Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC 20004. The 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. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets. EPA will provide further
information regarding topics to be discussed at the meeting in an
Information Document to registered participants. That information also
will be posted on www2.epa.gov/lead and placed in the docket for this
action.
C. 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 email. 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 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
[[Page 27623]]
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 this document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. Follow the detailed instructions as provided
under ADDRESSES. Respond to specific questions posed by the Agency.
iii. Explain why you agree or disagree; suggest alternatives.
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 your estimate in sufficient detail to allow for it to be
reproduced by the Agency and others.
vi. Provide specific examples to illustrate your concerns and
suggest 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 in this document.
II. Background
In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), EPA published the Lead-Based Paint Renovation, Repair and Painting
rule, which requires contractors to use lead-safe work practices during
renovation, repair, and painting activities that disturb lead-based
paint in target housing and child-occupied facilities built before 1978
unless a determination can be made that no lead-based paint would be
disturbed during the renovation or repair. The use of an EPA-recognized
lead test kit, when used by a trained professional, can reliably
determine that regulated lead-based paint is not present by virtue of a
negative result. The federal standards for lead-based paint in target
housing and child-occupied facilities is a lead content in paint that
equals or exceeds a level of 1.0 milligram per square centimeter (mg/
cm\2\) or 0.5 percent by weight. If regulated lead-based paint is not
present, there is no requirement to employ lead-safe work practices
under the RRP rule.
The RRP rule established negative-response and positive-response
criteria outlined in 40 CFR 745.88(c) for lead test kits recognized by
EPA. Lead test kits recognized before September 1, 2010 must meet only
the negative-response criterion outlined in 40 CFR 745.88(c)(1). The
negative-response criterion states that for paint containing lead at or
above the regulated level, 1.0 mg/cm\2\ or 0.5 percent by weight, a
demonstrated probability (with 95% confidence) of a negative response
less than or equal to 5 percent of the time must be met. The
recognition of kits that meet only this criterion will last until EPA
publicizes its recognition of the first test kit that meets both of the
criteria outlined in the rule.
Lead test kits recognized after September 1, 2010 must meet both
the negative-response and positive-response criteria outlined in 40 CFR
745.88(c)(1)-(2). The positive-response criterion states that for paint
containing lead below the regulated level, 1.0 mg/cm\2\ or 0.5% by
weight, a demonstrated probability (with 95% confidence) of a positive
response less than or equal to 10% of the time must be met.
Qualitatively speaking, lead test kits recognized by EPA should also
serve as a quick, inexpensive, reliable, and easy to perform option for
lead-based paint testing in the field.
Despite the EPA's commitment of resources to this effort, to date
no test kit has met both of the performance criteria outlined in the
RRP rule. However, there are two EPA-recognized test kits commercially
available nationwide that meet the false-negative criterion and
continue to be recognized by EPA. Therefore, in an effort to understand
the current state of the science for lead test kits and lead-based
paint field testing alternatives, as well as the existing market and
potential availability of additional test kits, EPA is soliciting input
from relevant stakeholders. EPA is convening a meeting and webinar for
interested stakeholders and the public on Thursday, June 4, 2015 to
seek information related to: (1) The existing market for lead test kits
as referenced in the 2008 RRP rule; (2) the development or modification
of lead test kit(s) that may meet EPA's positive-response criterion (in
addition to the negative-response criterion); and (3) other
alternatives for lead-based paint field testing. EPA will provide
further information regarding topics to be discussed at the meeting in
an Information Document to be posted on www2.epa.gov/lead and placed in
the docket for this action. Meeting participants and other interested
parties who wish to respond in writing to the requested lead test kit
topics outlined above, as well as the forthcoming Information Docket,
may submit written materials to the docket until July 6, 2015.
III. References
As indicated under ADDRESSES, a docket has been established for
this rulemaking under docket ID number EPA-HQ-OPPT-2005-0049. The
docket includes this document and other information.
EPA. Lead; Renovation, Repair, and Painting Program; Final Rule.
Federal Register, April 22, 2008 (73 FR 21692) (FRL-8355-7).
Authority: 15 U.S.C. 2601 et seq.
Dated: May 8, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2015-11669 Filed 5-13-15; 8:45 am]
BILLING CODE 6560-50-P