Toxic substances: based paint activities— Target housing renovation or remodeling; revision of regulations that create environmental hazards,

[Federal Register: November 23, 1998 (Volume 63, Number 225)]

[Proposed Rules]

[Page 64670-64671]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23no98-38]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-00256; FRL-6047-6]

RIN 2070-AC83

Round Table Discussion of the Upcoming Lead Renovation and Remodeling Rulemaking; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public meeting

SUMMARY: EPA will hold a round table discussion meeting on the forthcoming rulemaking under section 402(c)(3) of the Toxic Substances Control Act (TSCA). Section 402(c)(3) directs the Agency to revise the regulations on lead-based paint activities to apply to renovation or remodeling activities that create lead-based paint hazards in target housing. The purpose of this discussion is to provide a forum where interested parties can contribute information and give individual perspectives on specific policy questions related to this forthcoming rulemaking. Agency staff may also ask participants to give their individual reactions to specific proposals and questions.

DATES: The meeting will be from 9 a.m. to 4:30 p.m. on December 7, 1998. Written comments must be submitted on or before January 15, 1999.

ADDRESSES: The meeting will be held at the Holiday Inn Rossyln Westpark, 1900 North Fort Meyer Dr., Arlington, VA.

Each comment must bear the docket control number OPPTS-00256. All comments should be sent in triplicate to: OPPT Document Control Officer (7407), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Rm. G-099, East Tower, Washington, DC 20460.

Comments and data may also be submitted electronically to: oppt.ncic@epa.gov. Follow the instructions in Unit III. of this notice.

[[Page 64671]]

No Confidential Business Information (CBI) should be submitted through e-mail.

All comments which contain information claimed as CBI must be clearly marked as such. Three copies, sanitized of any comments containing information claimed as CBI, must also be submitted and will be placed in the public record for this rulemaking. Persons submitting information, any portion of which they believe is entitled to treatment as CBI by EPA, must assert a business confidentiality claim in accordance with 40 CFR 2.203(b) for each such portion. This claim must be made at the time that the information is submitted to EPA. If a submitter does not assert a confidentiality claim at the time of submission, EPA will consider this as a waiver of any confidentiality claim and the information may be made available to the public by EPA without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: Technical Information: Mike Wilson, National Program Chemicals Division (7404), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, telephone: (202) 260-4664, e-mail address: wilson.mike@epa.gov.

Meeting Registration: National Lead Information Center at 1-800- 424-LEAD.

SUPPLEMENTARY INFORMATION:

1. Background

   The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) amended TSCA by adding a new Title IV. Several sections of Title X direct EPA to promulgate regulations to fulfill the purposes of Title X. These include TSCA section 402, Lead-Based Paint Activities Training and Certification, which directs EPA to promulgate regulations to govern the training and certification of individuals engaged in lead-based paint activities, the accreditation of training programs, and to establish standards for conducting lead-based paint activities. Section 404 of TSCA requires that EPA establish procedures for States seeking to establish their own lead-based paint activities programs. On August 29, 1996, EPA promulgated final rules that implemented sections 402 and 404 of TSCA entitled ``Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities.'' These rules are codified at 40 CFR part 745, subpart L. Section 402(c)(3) of TSCA directs the Agency to revise these regulations so they apply to renovation or remodeling activities which create lead-based paint hazards in target housing.

2. Round Table Discussion

   The purpose of this meeting is to obtain individual input and comment on the regulatory options for modification of existing lead- based paint activities regulations. The existing regulations are codified at 40 CFR part 745, Subpart L--Lead-Based Paint Activities.

   The round table discussion will examine the following issues: which contractors are engaged in renovation and remodeling activities that create a lead based paint hazard; which activities present the greatest potential hazard; how to promote lead safe renovation in a non- regulatory fashion; and implementation issues. Although there will be some discussion of the technical studies, EPA would like to focus on policy questions (e.g, establishing a deminimis area of deteriorated lead-based paint). EPA is currently planning to hold two meetings, completing the discussion in early 1999. All meetings will be held in Washington, DC and will be open to the public.

   Individuals wishing to provide comments to EPA, but who cannot attend the round table discussion may submit written comments to EPA at the address listed under ``ADDRESSES'' in this notice. In order to be included in the synopsis of comments, written comments must be received by close of business on January 15, 1999.

3. Public Record and Electronic Submissions

   The official record for this rulemaking, as well as the public version, has been established for this rulemaking under docket control number OPPTS-00256 (including comments and data submitted electronically as described in this unit). A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI, is available for inspection from 12 noon to 4 p.m., Monday through Friday, excluding legal holidays. The official rulemaking record is located in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC.

   Electronic comments can be sent directly to EPA at:

   oppt.ncic@epa.gov

   Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket control number OPPTS-00256. Electronic comments on this proposed rule may be filedonline at many Federal Depository Libraries.

   List of Subjects in 40 CFR Part 745

   Environmental protection, Hazardous substances, Lead-based paint, Lead poisoning, Reporting and recordkeeping requirements.

   Dated: November 18, 1998.

   William H. Sanders, III,

   Director, Office of Pollution Prevention and Toxics.

   [FR Doc. 98-31400Filed11-19-98; 2:42 pm]

   BILLING CODE 6560-50-F