[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Rules and Regulations]
[Page 21769-21770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap08-12]
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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: TSCA-
Hotline@epa.gov.
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: wilson.mike@epa.gov.
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