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26 June 2008
[Federal Register: June 26, 2008 (Volume 73, Number 124)]
[Rules and Regulations]
[Page 36281-36282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn08-11]
[[Page 36281]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-HQ-OPPT-2005-0049; FRL-8368-9]
RIN 2070-AC83
Small Entity Compliance Guide to Renovate Right: EPA's Lead-Based
Paint Renovation, Repair, and Painting Program; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA is issuing a notice of availability of its Small Entity
Compliance Guide to Renovate Right: EPA's Lead-Based Paint Renovation,
Repair, and Painting Program (hereinafter referred to as the ``small
entity compliance guide''). This small entity compliance guide is for
contractors, painters, property managers, maintenance personnel, and
other professionals that disturb painted surfaces while working in
homes and child-occupied facilities, such as child care centers and
schools, built before 1978. The small entity compliance guide was
developed by EPA to help small entities comply with the new Lead-Based
Paint Renovation, Repair, and Painting Program requirements published
in the April 22, 2008 Federal Register. This document is published by
the EPA as the official compliance guide for small entities, pursuant
to section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), as amended.
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 (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 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 the Toxic
Substances Control Act (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. ``Child-occupied facility'' is defined by the
Lead-Based Paint Renovation, Repair, and Painting Program 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 definition of
child-occupied facilities also includes common areas routinely used by
children under age 6 and portions of the exterior that are immediately
adjacent to the child-occupied facility or covered common area.
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.
Other technical and trade schools (NAICS code 611519),
e.g., training providers.
Engineering services (NAICS code 541330) and building
inspection services (NAICS code 541350), e.g., dust sampling
technicians.
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 the Lead; Renovation,
Repair, and Painting Program final rule (40 CFR part 745, subpart E).
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 Compliance Guide and Other Related
Information?
1. Docket. 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's 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, 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.
2. 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.
3. Small entity compliance guide. The small entity compliance guide
is available on EPA's website at http://www.epa.gov/lead/pubs/
renovation and may be reproduced by an individual or corporation
without permission from EPA.
[[Page 36282]]
II. Background
In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), EPA issued the Lead; Renovation, Repair, and Painting Program final
rule (40 CFR part 745, subpart E) that applies to renovations performed
for compensation in target housing and child-occupied facilities built
before 1978 by requiring, among other things:
Training for renovators.
Certification of renovators and firms.
Accreditation of training providers.
Use of renovation work practice standards, such as posting
warning signs; containing work areas so that no dust or debris leaves
the work area while the renovation is being performed; prohibiting
certain high dust-generating work practices; and a cleanup and cleaning
verification protocol.
The final rule is effective June 23, 2008. However, certain
provisions of the final rule, such as requiring the use of the work
practices, do not become effective until April 22, 2010.
EPA examined the economic implications of that final rule as
required by the Regulatory Flexibility Act (5 U.S.C. 601-602). The
Agency concluded that a substantial number of small entities will be
affected by the final rule.
Pursuant to section 212 of SBREFA (Public Law 104-121, as amended),
EPA is making available a small entity compliance guide, summarizing in
plain language the requirements of the final rule.
The small entity compliance guide represents the Agency's current
thinking on the subject. It does not create or confer any rights for or
on any person and does not operate to bind EPA or the public.
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: June 20, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E8-14507 Filed 6-25-08; 8:45 am]
BILLING CODE 6560-50-S