Toxic substances: based paint; identification of dangerous levels of lead,

[Federal Register: October 1, 1998 (Volume 63, Number 190)]

[Proposed Rules]

[Page 52662-52663]

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

[DOCID:fr01oc98-36]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62156B; FRL-6037-7]

RIN 2070-Ac63

Identification of Dangerous Levels of Lead; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

SUMMARY: EPA is extending the comment period for a proposed rule establishing standards for lead-based paint hazards in most pre-1978 housing and child-occupied facilities under authority of section 403 of the Toxic Substance Control Act (TSCA). The proposed rule also establishes, under authority of TSCA section 402, residential lead dust cleanup levels and amendments to dust and soil sampling requirements and, under authority of TSCA section 404, amendments to State program authorization requirements.

DATES: Written comments in response to this proposed rule must be received on or before November 30, 1998.

ADDRESSES: Each comment must bear the docket control number OPPTS- 62156B. 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@epamail.epa.gov. Follow the instructions in Unit II. of this document. 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: For general information contact: National Lead Information Center's Clearinghouse, 1-800-424-LEAD (5323). For technical and policy questions contact: Jonathan Jacobson, (202) 260-3779; jacobson.jonathan@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   In the Federal Register of June 3, 1998 (63 FR 30302) (FRL-5791-9), EPA issued a proposed rule under Title IV of TSCA. Section 403 of TSCA (15 U.S.C. 2683) directs EPA to promulgate regulations identifying lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil. Section 402 of TSCA ( 15 U.S.C. 2682) directs EPA to promulgate regulations governing lead-based paint activities. Section 404 of TSCA (15 U.S.C. 2684) requires that any

   [[Page 52663]]

   State that seeks to administer and enforce the requirements established by the Agency under section 402 of TSCA must submit to the Administrator a request for authorization of such a program. The proposed rule originally provided a 90-day public comment period. In response to requests by interested parties to extend the public comment period by 90 days, EPA announced on July 22, 1998 (63 FR 39262) (FRL- 6017-4) that it was extending the public comment period by 30 days, until October 1, 1998. The Agency did not grant the request for the full 90 days because, at the time, it felt that a 120-day comment period was adequate. EPA, however, continues to receive requests to extend the comment period. Given the complexity of the proposed rule and the number of requests that the Agency has and continues to receive, EPA now believes that an extension of the public comment period is warranted. The Agency, therefore, is extending the public comment period by 60 days, until November 30, 1998.

2. 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-62156B (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@epamail.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-62156B. 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: September 29, 1998.

   William H. Sanders, III,

   Director, Office of Pollution Prevention and Toxics.

   [FR Doc. 98-26476Filed9-29-98; 2:28 pm]

   BILLING CODE 6560-50-F