[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Proposed Rules]
[Pages 76996-76998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31532]



40 CFR Part 745

[EPA-HQ-OPPT-2010-0173; FRL-9373-7]
RIN 2070-AJ56

Lead; Renovation, Repair, and Painting Program for Public and 
Commercial Buildings; Request for Information and Advance Notice of 
Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for information and advance notice of public meeting.


SUMMARY: In 2010, EPA issued an advance notice of proposed rulemaking 
(2010 ANPRM) concerning renovation, repair, and painting activities on 
and in public and commercial buildings. EPA is in the process of 
determining whether these activities create lead-based paint hazards, 
and, for those that do, developing certification, training, and work 
practice requirements as directed by the Toxic Substances Control Act 
(TSCA). This document opens a comment period to allow for additional 
data and other information to be submitted by the public and interested 
stakeholders. This document also provides advance notice of EPA's plan 
to hold a public meeting on June 26, 2013.

DATES: Comments must be received on or before April 1, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2010-0173, 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, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Hans Scheifele, 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) 564-3122; email address: scheifele.hans@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.


I. General Information

A. Does this action apply to me?

    This document is directed to the public in general. However, you 
may be potentially affected by this action if you perform renovations, 
repairs, or painting activities on the exterior or interior of public 
buildings or commercial buildings. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Other types of entities not 
listed may also be affected. Potentially affected entities may include:
     Building construction (NAICS code 236), e.g., commercial 
building construction, industrial building construction, commercial and 
institutional building construction, building finishing contractors, 
drywall and insulation contractors, painting and wall covering 
contractors, finish carpentry contractors, other building finishing 
     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 non-
residential buildings and dwellings, non-residential property managers.
     Other general government support (NAICS code 921), e.g., 
general services departments, government, public property management 
services, government.
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 

B. 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 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.

[[Page 76997]]

    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

    Title IV of TSCA, 15 U.S.C. 2681 et seq., was enacted to assist the 
Federal Government in reducing lead exposures, particularly those 
resulting from lead-based paint. Section 402(c)(3) of TSCA specifically 
requires EPA to revise its Lead-based Paint Activities Regulations 
(Ref. 1), promulgated under TSCA section 402(a), to apply to those 
renovation and remodeling activities in target housing, public 
buildings constructed before 1978, or commercial buildings that create 
lead-based paint hazards. In April 2008, EPA issued the final Lead 
Renovation, Repair, and Painting (RRP) Rule under TSCA section 
402(c)(3) (Ref. 2). The RRP Rule covers renovation, repair, and 
painting activities in target housing, which is most pre-1978 housing, 
and child-occupied facilities, defined in the rule as a subset of 
public and commercial buildings in which young children spend a 
significant amount of time.
    Shortly after the RRP Rule was published, several lawsuits were 
filed challenging the rule, asserting, among other things, that EPA 
violated TSCA section 402(c)(3) by failing to address renovation 
activities in public and commercial buildings. These lawsuits (brought 
by environmental and children's health advocacy groups as well as a 
homebuilders association) were consolidated in the Circuit Court of 
Appeals for the District of Columbia Circuit. EPA engaged in collective 
settlement negotiations with all the parties and on August 24, 2009, 
EPA entered into an agreement with environmental and children's health 
advocacy groups in settlement of their lawsuits (Ref. 3). Shortly 
thereafter, the homebuilders association voluntarily dismissed its 
challenge to the rule. As part of this settlement agreement, EPA agreed 
to commence rulemaking to address renovations in public and commercial 
buildings, other than child-occupied facilities, to the extent such 
renovations create lead-based paint hazards. As an initial step, EPA 
issued an ANPRM in the Federal Register on renovations in public and 
commercial buildings on May 6, 2010 (Ref. 4).
    The settlement agreement has been amended and modified several 
times primarily to extend deadlines, with the most recent amendment 
having been entered into by the parties on September 7, 2012. Under the 
terms of the amended settlement agreement, the date by which EPA has 
agreed to either sign a proposed rule covering renovation, repair, and 
painting activities in public and commercial buildings, or determine 
that these activities do not create lead-based paint hazards, is July 
1, 2015. If EPA publishes a proposed rule in the Federal Register, EPA 
agrees to take final action on or before the date 18 months after the 
proposed rule has published.
    In addition, EPA agreed to hold a public meeting on or before July 
31, 2013, and offer an opportunity for stakeholders and other 
interested members of the public to provide data and other information 
that EPA may use in making its regulatory determinations. With this 
document, EPA is providing advance notice that it plans to hold the 
public meeting on June 26, 2013, and will provide more information 
about the public meeting in a subsequent document it intends to publish 
in the Federal Register in the spring of 2013.
    EPA also agreed to offer an opportunity for stakeholders and other 
interested members of the public to provide data and other information 
that EPA may use in making its regulatory determinations. This 
document, therefore, opens a comment period to allow the public to 
submit additional information and data pertaining to renovation, 
repair, and painting activities in and on public or commercial 
buildings. EPA plans to issue a discussion guide no later than 2 weeks 
before the public meeting. EPA expects the discussion guide to describe 
the information received during this comment period. Of particular 
interest to EPA for developing a proposed rule is information 
    1. The manufacture, sale, and uses of lead-based paint after 1978.
    2. The use of lead-based paint in and on public and commercial 
    3. The frequency and extent of renovations on public and commercial 
    4. Work practices used in renovation of public and commercial 
    5. Dust generation and transportation from exterior and interior 
renovations of public and commercial buildings.
    These topical descriptions offer only a short characterization of 
the information that EPA is interested in. The 2010 ANPRM contains a 
comprehensive history of this rulemaking and the lead program in 
general, a review of some of the relevant information EPA has already 
gathered and reviewed, and more detail on the information sought for 
the public meeting (Ref. 4).
    EPA is seeking information from all sources and regarding all types 
of potentially affected businesses and other stakeholders, including 
small businesses. Information regarding work practices typically used 
by small businesses, as well as information on costs and other 
potential regulatory impacts on small businesses, particularly those 
that would uniquely affect small businesses, would be useful to EPA in 
developing any proposed rule for renovation, repair, and painting 
activities in and on public or commercial buildings.

III. References

    As indicated under ADDRESSES, a docket has been established for 
this document under docket ID number EPA-HQ-OPPT-2010-0173. The 
following is a list of the documents that are specifically referenced 
in this document. The docket includes these documents and other 

1. EPA. Lead; Requirements for Lead-Based Paint Activities in Target 
Housing and Child-Occupied Facilities; Final Rule. Federal Register 
(61 FR 45778, August 29, 1996) (FRL-5389-9).
2. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule. 
Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
3. EPA. Sierra Club, etc. Settlement, as amended and modified (2009, 
2011, and 2012).
4. EPA. Lead; Renovation, Repair, and Painting Program for Public 
and Commercial Buildings; Advanced Notice of Proposed Rulemaking. 
Federal Register (75 FR 24848, May 6, 2010) (FRL-8823-6).

List of Subjects in 40 CFR Part 745

    Environmental protection, Buildings and facilities, Business and 

[[Page 76998]]

Lead- based paint, Hazardous substances, Public and commercial 
buildings, Occupational safety and health, Renovations, Repair, and 
Painting Program (RRP), Safety.

    Dated: December 20, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
[FR Doc. 2012-31532 Filed 12-28-12; 8:45 am]