[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34257-34262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16814]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2005-0049; FRL-8422-7]
RIN 2070-AJ48
Lead; Minor Amendments to the Renovation, Repair, and Painting
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing a final rule making two minor revisions to the
final Lead Renovation, Repair, and Painting Program (RRP) rule that
published in the Federal Register on April 22, 2008. First, this final
rule requires accredited providers of renovator or dust sampling
technician training to submit post-course notifications, including
digital photographs of each successful trainee, to EPA. The 2008 rule
establishes accreditation, training, certification, and recordkeeping
requirements as well as work practice standards on persons performing
renovations for compensation in most pre-1978 housing and child-
occupied facilities. The post-course notification requirement, designed
to supply important information for EPA's compliance monitoring
efforts, was inadvertently omitted from the final RRP rule's regulatory
text. In addition, this final rule removes the requirement for
accredited lead-based paint activities training providers--those who
provide inspector, risk assessor, project designer, and abatement
supervisor and worker training--to submit to EPA a digital photograph
of each successful trainee along with their post-course notifications.
That requirement, inadvertently imposed as part of the final RRP rule,
is unnecessary because EPA already receives photographs of these
individuals through other means.
DATES: This final rule is effective July 15, 2009.
[[Page 34258]]
ADDRESSES: 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 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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket 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: 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: Cindy Wheeler, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0484; e-mail
address: wheeler.cindy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be potentially affected by this action if you provide or
plan to provide training in lead-safe building renovation work
practices or training for dust sampling technicians. Potentially
affected entities may include, but are not limited to:
Other technical and trade schools (NAICS code 611519),
e.g., training providers.
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. 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.
II. What Action is the Agency Taking?
A. Introduction
In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), under the authority of sections 402(c)(3), 404, 406, and 407 of the
Toxic Substances Control Act (TSCA), EPA issued its final RRP rule
(Ref. 1). The final RRP rule, codified in 40 CFR part 745, subparts E,
L, and Q, addresses lead-based paint hazards created by renovation,
repair, and painting activities that disturb lead-based paint in target
housing and child-occupied facilities.
``Target housing'' is defined in TSCA section 401 as any housing
constructed before 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. The final RRP 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.
The final RRP rule establishes requirements for training
renovators, other renovation workers, and dust sampling technicians;
for certifying renovators, dust sampling technicians, and renovation
firms; for accrediting providers of renovation and dust sampling
technician training; for renovation work practices; and for
recordkeeping. Interested States, Territories, and Indian Tribes may
apply for and receive authorization to administer and enforce all of
the elements of the new renovation requirements. More information on
the final RRP rule may be found in the Federal Register document
announcing the final RRP rule (Ref. 1) or on EPA's website at http://www.epa.gov/lead/ pubs/renovation.htm.
Many provisions of the final RRP rule were derived from the
existing lead-based paint activities regulations at 40 CFR part 745,
subpart L (Ref. 2). These existing regulations were promulgated in 1996
under TSCA section 402(a), which defines lead-based paint activities in
target housing as inspections, risk assessments, and abatements. The
1996 regulations cover lead-based paint activities in target housing
and child-occupied facilities, along with limited screening activities
called lead hazard screens. These regulations established an
accreditation program for training providers and a certification
program for individuals and firms performing these activities. Training
course accreditation and individual certification was made available in
five disciplines: Inspector, risk assessor, project designer, abatement
supervisor, and abatement worker. In addition, these lead-based paint
activities regulations established work practice standards and
recordkeeping requirements for lead-based paint activities in target
housing and child-occupied facilities.
A 2004 amendment to the lead-based paint activities regulations
established notification procedures for certified professionals
conducting lead-based paint abatement activities, and accredited
training programs providing lead-based paint activities courses (Ref.
3). Since the effective date of the 2004 amendment, accredited training
programs have been required to notify EPA before providing initial or
refresher lead-based paint activities training courses and again
following completion of these training courses. Both notifications must
include information about the course, while the post-course
notification also must include identifying information on the
successful trainees. These notification requirements were designed to
facilitate compliance monitoring by EPA.
The final RRP rule created two new training disciplines in the
field of lead-based paint: Renovator and dust sampling technician.
Persons who successfully complete renovator training from an accredited
training provider are certified renovators, who are responsible for
ensuring that renovations to which they are assigned are performed in
compliance with the work practice requirements set out in 40 CFR
745.85. Persons who successfully
[[Page 34259]]
complete dust sampling technician training from an accredited training
provider are certified dust sampling technicians, who may be called
upon to collect optional dust samples after renovations have been
completed.
While the training disciplines, the work practice standards, and
the recordkeeping requirements of the final RRP rule differ from those
established in the lead-based paint activities regulations, EPA
determined that the accreditation requirements imposed on persons
providing lead-based paint activities training would also be effective
for persons providing renovation training. Therefore, the final RRP
rule amended 40 CFR 745.225 to cover persons who provide or wish to
provide renovation training for the purposes of the final RRP rule.
As amended by the final RRP rule, 40 CFR 745.225 requires training
providers who wish to provide lead-based paint activities or renovation
training for the purposes of EPA's lead-based paint programs to be
accredited by EPA. The requirements for each course of study are
described in detail at 40 CFR 745.225 as are the operational
requirements for training programs and the process for obtaining
accreditation.
As EPA began the process of implementing the final RRP rule, EPA
discovered several minor omissions from the regulatory text. Because
these omissions could have an impact on EPA's ability to monitor
compliance with the RRP rule provisions, EPA issued a proposal (the
``2009 Proposal'') on April 22, 2009 (74 FR 18330) (FRL-8405-3) to
amend the final RRP rule to address these omissions (Ref. 4). EPA
received one public comment on the proposal.
The commenter was generally supportive of this action, while
suggesting other changes that EPA should consider for the RRP program.
The commenter expressed concerns about the overall emphasis on
administration requirements which, according to the commenter, merely
indirectly addressed environmental and health issues. Specifically, the
commenter made the following suggestions: (1) Reduce the size of the
photographic identification cards and require more resilient cards; (2)
develop a tiered system of on-the-job training to easily verify the
level of training or experience each worker has had; (3) clarify rules
designed to protect workers from a increased risk of lead exposure; (4)
require a certified renovator to report homes that house children or
pregnant woman and that have not gone through lead-based paint
abatement procedures; and (5) impose stricter penalties for non-
compliance. These comments addressed issues beyond the scope of this
rulemaking. EPA's detailed response to the commenter's suggestions and
questions can be found in the rulemaking docket for this action (Ref.
5).
B. This Final Rule
This final rule makes two minor amendments to the final RRP rule.
These amendments affect the notification requirements for accredited
providers of renovation and lead-based paint activities training.
1. Post-course notifications. As discussed in the preamble to the
2009 Proposal, the regulatory text of the final RRP rule inadvertently
omitted a requirement for accredited providers of renovation training
to provide notification to EPA after each training course the provider
delivers (Ref. 4). This final rule amends 40 CFR 745.225(c)(14) to
require post-course notifications from accredited providers of
renovator or dust sampling technician training. This amendment also
includes conforming changes to 40 CFR 745.225(c)(14)(iii) to include
the correct name of the sample post-course notification form and to
make it clear that all methods of post-course notification are
available to both renovation training providers and lead-based paint
activities training providers. As amended, 40 CFR 745.225(c)(14) now
requires renovation training providers to notify EPA, no later than 10
business days following course completion. This notification must
include the training provider's name, address, and accreditation
number; the course discipline and type; the date the course was
provided and, for each student, the name, address, date of birth,
course completion certificate number, course test score, and a digital
photograph of the student. The notification must be signed by the
training manager.
2. Digital photographs of lead-based paint activities trainees. The
final RRP rule amended 40 CFR 745.225(c)(14) to require training
providers to submit digital photographs of each student as part of
their post-course notifications. As discussed in the 2009 Proposal,
language limiting the requirement to accredited providers of renovator
or dust sampling technician training courses was inadvertently omitted
from the final RRP rule (Ref. 4). EPA did not intend for the
requirement to apply to accredited providers of lead-based paint
activities (inspector, risk assessor, project designer, and abatement
supervisor and worker) training because, as part of the individual
certification application process, EPA already receives photographs
from individual certification candidates at or about the time that the
individuals complete their training. Therefore, this final rule amends
40 CFR 745.225(c)(14)(ii)(D)(6) to limit the digital photograph
requirement to accredited renovation training providers.
C. Effective Date
In the 2009 Proposal, EPA proposed to make this final rule
immediately effective to minimize the impact that these inadvertent
omissions will have on the regulated community, the public, and the
Agency. In the preamble to the 2009 Proposal, EPA discussed the
potential effect of a delay in finalizing the post-course notification
requirements, and proposed to find that, under the Administrative
Procedure Act (APA), 5 U.S.C. 553(d)(3), good cause exists to dispense
with the 30-day delay in the effective date of this final rule (Ref.
4). For the reasons explained in the preamble to the proposal, EPA now
finds good cause does exist to dispense with the 30-day delay in the
effective date. EPA received no comment on this aspect of the proposal.
Therefore, this final rule takes effect immediately upon publication in
the Federal Register.
III. References
1. EPA. Lead; Renovation, Repair, and Painting Program; Final
Rule. Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
2. EPA. Lead; Requirements for Lead-based Paint Activities;
Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-
5389-9).
3. EPA. Lead; Notification Requirements for Lead-Based Paint
Abatement Activities and Training; Final Rule. Federal Register (69
FR 18489, April 8, 2004) (FRL-7341-5).
4. EPA. Lead; Minor Amendments to the Renovation, Repair, and
Painting Program; Proposed Rule. Federal Register (74 FR 18330,
April 22, 2009) (FRL-8405-3).
5. EPA. Lead; Minor Amendments to the Renovation, Repair, and
Painting Program. Response to Comments. June 2009.
6. EPA. Information Collection Request (ICR); final rule
addendum to an existing EPA ICR, entitled TSCA Sections 402/404
Training and Certification, Accreditation, and Standards for Lead-
Based Paint Activities. Document ID Number EPA-HQ-OPPT-2005-0049-
0925. March 2008.
7. EPA, Office of Pollution Prevention and Toxics (OPPT).
Economic Analysis for the TSCA Lead Renovation, Repair, and Painting
Program Final Rule for Target Housing and Child-Occupied Facilities.
March 2008.
8. EPA, OPPT. Economic Analysis for the TSCA Section 402 Lead-
Based Paint Program Accreditation and Certification Fee Rule. March
2009.
[[Page 34260]]
9. EPA. Lead; Renovation, Repair, and Painting Program; Proposed
Rule. Federal Register (71 FR 1588, January 10, 2006) (FRL-7755-5).
IV. Statutory and Executive Order Reviews
A. Executive Order 12866
Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993) it has been determined that this
is not a ``significant regulatory action'' subject to review by the
Office of Management and Budget (OMB). However, the costs of the
requirement that accredited renovator and dust sampling technician
training providers submit post-course notifications were accounted for
in the ICR addendum prepared for the final RRP rule (Ref. 6). Those
costs were estimated to be $347,720 in the first year that the post-
course notification requirement is in effect, $67,896 in the second
year, and $67,489 in the third year. The costs for these providers to
take a digital photograph of each trainee, include it in the trainee's
course completion certificate, and forward it to EPA were estimated to
be $2 per trainee in the economic analysis for the final RRP rule (Ref.
7). The economic analysis for the final RRP rule also estimated that
there would be 235,916 trainees in the first year that the
accreditation and training requirements are in effect, 78,316 in the
second year, and 77,995 in the third year. This results in an estimated
cost for the digital photograph requirement of $471,832 in the first
year, $156,632 in the second year, and $155,990 in the third year.
The costs for accredited lead-based paint activities training
providers to take digital photographs of successful trainees and submit
them to EPA were not directly estimated, because EPA did not intend to
impose this requirement. However, these costs can be calculated using
the $2 per trainee figure along with the annual number of lead-based
paint activities certification and re-certification applications
received by EPA that was estimated for an economic analysis prepared
for a separate rulemaking (Ref. 8). That economic analysis estimated
that EPA would receive, on an annual basis, 1,534 certification
applications and 626 re-certification applications. This results in an
estimated annual cost for the digital photograph requirement for
accredited lead-based paint activities training providers of $4,320.
Because this final rule eliminates the digital photograph requirement
for accredited lead-based paint activities training providers, this
amount represents a cost savings.
B. Paperwork Reduction Act
This regulatory action does not contain any information collection
requirements that require additional approval by OMB under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The information
collection referenced in this final rule (i.e., the post-course
notification requirement in 40 CFR 745.225) has already been approved
by OMB under control number 2070-0155 (EPA ICR 1715.10) (Ref.
6). EPA does not believe that this final rule has any impact on the
existing burden estimate or collection description, such that
additional approval by OMB is necessary.
Burden under PRA means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, disclose
or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations codified in 40 CFR chapter I, after appearing in the
preamble of the final rule, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the APA or any other
statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, small entity is defined in accordance with section 601 of RFA
as:
1. A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201.
2. A small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000.
3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
The impacts of the post-course notification requirement on small
entities who become accredited to provide renovator or dust sampling
technician training courses were specifically addressed and accounted
for during the development of the final RRP rule. As provided for in
section 605 of RFA, the post-course notification requirements being
promulgated in this final rule are so closely related to the final RRP
rule that EPA considers them and the analysis prepared and the other
actions taken by EPA in connection with the final RRP rule to be one
rule for the purposes of sections 603 and 604 of RFA. Accordingly, in
order to avoid duplicative action, EPA is relying on the analysis EPA
prepared for the final RRP rule as well as the other actions that EPA
took in developing the final RRP rule to satisfy its obligations under
RFA for this final rule.
A description of the Agency's activities pursuant to RFA is found
in the preamble to the final RRP rule (Ref. 1 at 21752). Specifically,
pursuant to section 603 of RFA, EPA prepared an initial regulatory
flexibility analysis (IRFA) for the proposed RRP rule and convened a
Small Business Advocacy Review Panel to obtain advice and
recommendations of representatives of the regulated small entities on a
range of issues, including training provider accreditation. As required
by section 604 of RFA, the Agency also prepared a final regulatory
flexibility analysis (FRFA) for the final RRP rule. The post-course
notification requirements being promulgated in this final rule were
included in costs analyzed in the IRFA and the FRFA for the final RRP
rule. The FRFA also addressed the issues raised by public comments on
the IRFA. As part of that analysis, EPA determined that including a
digital photograph in the notification would not be an added cost to
training providers because the cost would be recouped as part of the
fee charged for the course. Thus, this requirement would not have a
significant impact on any training providers. Accordingly, the impacts
of the post-course notification requirements on small entities that
become accredited to provide renovator or dust sampling technician
training
[[Page 34261]]
courses have been adequately addressed for purposes of RFA.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 of
UMRA do not apply when they are inconsistent with applicable law.
Moreover, section 205 of UMRA allows EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including Tribal governments, it
must have developed under section 203 of UMRA a small government agency
plan. The plan must provide for notifying potentially affected small
governments, enabling officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
Under Title II of UMRA, EPA has determined that this final rule
does not contain a Federal mandate that may result in expenditures that
exceed the inflation-adjusted UMRA threshold of $100 million by State,
local, or Tribal governments or the private sector in any 1 year. In
addition, this final rule does not contain a significant Federal
intergovernmental mandate as described by section 203 of UMRA nor does
it contain any regulatory requirements that might significantly or
uniquely affect small governments.
E. Executive Order 13132
Pursuant to Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), EPA has determined that this final rule does
not have ``federalism implications,'' because it will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this final rule. Nevertheless, in the spirit of the
objectives of this Executive Order, and consistent with EPA policy to
promote communications between the Agency and State and local
governments, EPA consulted with representatives of State and local
governments during the rulemaking process for the RRP rule. These
consultations are as described in the preamble to the 2006 RRP proposed
rule (Ref. 9).
F. Executive Order 13175
As required by Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 9,
2000), EPA has determined that this final rule does not have tribal
implications because it will not have substantial direct effects on
Tribal governments, on the relationship between the Federal Government
and the Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes, as
specified in the Executive Order. Thus, Executive Order 13175 does not
apply to this final rule. Although Executive Order 13175 does not apply
to this final rule, EPA consulted with Tribal officials and others by
discussing potential renovation regulatory options at several national
lead program meetings hosted by EPA and other interested Federal
agencies.
G. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) does not apply to this final rule because it is not an
``economically significant regulatory action'' as defined by Executive
Order 12866. While the environmental health or safety risk addressed by
the RRP rule does have a disproportionate effect on children, this
final rule merely covers administrative requirements for accredited
training providers and does not directly address environmental health
or safety risks.
EPA has evaluated the environmental health or safety effects of
renovation, repair, and painting projects on children. Various aspects
of this evaluation are discussed in the preamble to the proposed RRP
rule (Ref. 9). The primary purpose of the final RRP rule is to minimize
exposure to lead-based paint hazards created during renovation, repair,
and painting activities in housing where children under age 6 reside
and in housing or other buildings frequented by children under age 6.
In the absence of the final RRP rule, adequate work practices are not
likely to be employed during renovation, repair, and painting
activities. EPA's analysis indicates that there will be approximately
1.4 million children under age 6 affected by the final RRP rule. These
children are projected to receive considerable benefits due to the
final RRP rule.
H. Executive Order 13211
This final rule is not a ``significant energy action'' as defined
in Executive Order 13211, entitled Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) because it is not likely to have any adverse effect on
the supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act
This regulatory action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15
U.S.C. 272 note). Section 12(d) of NTTAA directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
that are developed or adopted by voluntary consensus standards bodies.
NTTAA requires EPA to provide Congress, through OMB, explanations when
the Agency decides not to use available and applicable voluntary
consensus standards.
J. Executive Order 12898
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
[[Page 34262]]
1994) establishes Federal executive policy on environmental justice.
Its main provision directs Federal agencies, to the greatest extent
practicable and permitted by law, to make environmental justice part of
their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
While EPA has not assessed the potential impact of this final rule
on minority and low-income populations, EPA did assess the potential
impact of the final RRP rule as a whole. As a result of the final RRP
rule assessment, contained in the economic analysis for the final RRP
rule, EPA has determined that the final RRP rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population (Ref. 7).
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule 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 the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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: July 7, 2009.
Lisa Jackson,
Administrator.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 745--[AMENDED]
0
1. The authority citation for part 745 continues to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.
0
2. Section 745.225 is amended by revising paragraphs (c)(14)
introductory text, (c)(14)(i), (c)(14)(ii)(D) (6), and (c)(14)(iii) to
read as follows:
Sec. 745.225 Accreditation of training programs: target housing and
child-occupied facilities.
* * * * *
(c) * * *
(14) The training manager must provide notification following
completion of renovator, dust sampling technician, or lead-based paint
activities courses.
(i) The training manager must provide EPA notification after the
completion of any renovator, dust sampling technician, or lead-based
paint activities course. This notice must be received by EPA no later
than 10 business days following course completion.
(ii) * * *
(D) * * *
(6) For renovator or dust sampling technician courses only, a
digital photograph of the student.
* * * * *
(iii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's
Central Data Exchange (CDX). Written notification following training
courses can be accomplished by using either the sample form, entitled
Post-Training Notification or a similar form containing the information
required in paragraph (c)(14)(ii) of this section. All written
notifications must be delivered by U.S. Postal Service, fax, commercial
delivery service, or hand delivery (persons submitting notification by
U.S. Postal Service are reminded that they should allow 3 additional
business days for delivery in order to ensure that EPA receives the
notification by the required date). Instructions and sample forms can
be obtained from the NLIC at 1-800-424-LEAD (5323), or on the Internet
at http://www.epa.gov/lead.
* * * * *
[FR Doc. E9-16814 Filed 7-14-09; 8:45 am]
BILLING CODE 6560-50-S