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[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]               
[Page 39524-39527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy10-32]                         

[[Page 39524]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OPPT-2010-0549; FRL-9173-8]

 
Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied 
Facilities; State of Oregon. Notice of Self-Certification Program 
Authorization, Request for Public Comment, Opportunity for Public 
Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; program authorization, request for comments and 
opportunity for public hearing.

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SUMMARY: This notice announces that on May 3, 2010, the State of Oregon 
was deemed authorized under section 404(a) of the Toxic Substances 
Control Act (TSCA), 15 U.S.C. 2684(a), to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a 
lead-based paint pre-renovation education program in accordance with 
section 406(b) of TSCA, 15 U.S.C. 2686(b). This notice also announces 
that EPA is seeking comment during a 45-day public comment period, and 
is providing an opportunity to request a public hearing within the 
first 15 days of this comment period, on whether these Oregon programs 
are at least as protective as the Federal programs and provide for 
adequate enforcement. This notice also announces that the authorization 
of the Oregon 402(c)(3) and 406(b) programs, which were deemed 
authorized by regulation and statute on May 3, 2010, will continue 
without further notice unless EPA, based on its own review and/or 
comments received during the comment period, disapproves one or both of 
these Oregon program applications on or before October 31, 2010.

DATES: Comments, identified by docket control number EPA-R10-OPPT-2010-
0549, must be received on or before August 23, 2010. In addition, a 
public hearing request must be submitted on or before July 26, 2010.

ADDRESSES: Comments and requests for a public hearing may be submitted 
by mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
important that you identify docket control number EPA-R10-OPPT-2010-
0549 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Barbara Ross, Technical Contact, OAWT, 
Solid Waste & Toxics, AWT-128, United States Environmental Protection 
Agency, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, telephone 
number: (206) 553-1985; e-mail address: ross.barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing and 
child-occupied facilities in the State of Oregon. Individuals and firms 
falling under the North American Industrial Classification System 
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131, 
e.g., General Building Contractors/Operative Builders, Renovation 
Firms, Individual Contractors, and Special Trade Contractors like 
Carpenters, Painters, Drywall workers and Plumbers, ``Home 
Improvement'' Contractors, as well as Property Management Firms and 
some Landlords are also affected by these rules. 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 here could also be affected. The 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.

B. How can I get additional information, including copies of this 
document or other related documents?

    1. Electronically: You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document select ``Laws and Regulations,'' ``Regulations 
and Proposed Rules,'' and then look up the entry for this document 
under the ``Federal Register-Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person: You may read this document, and certain other related 
documents, by visiting the Oregon Public Health Division, 800 NE. 
Oregon St., Suite 608, Portland, OR 97232, contact person, Richard 
Leiker, Manager Lead Programs, telephone number: (971) 673-0434. You 
may also read this document, and certain other related documents, by 
visiting the United States Environmental Protection Agency (EPA), 
Oregon Operations Office, 805 SW. Broadway, Suite 500, Portland, Oregon 
97205. You should arrange your visit to the EPA office by contacting 
the technical person listed under FOR FURTHER INFORMATION CONTACT. 
Also, EPA has established an official record for this action under 
docket control number EPA-R10-OPPT-2010-0549. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Oregon 402(c)(3) and 406(b) program authorization 
applications, any public comments received during an applicable comment 
period, and other information related to this action.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is important that 
you identify docket control number EPA-R10-OPPT-2010-0549 in the 
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Barbara 
Ross, Technical Contact, OAWT, Solid Waste & Toxics, AWT-128, U.S. 
Environmental Protection Agency, 1200 Sixth Avenue, Suite 900, Seattle, 
WA 98101.
    3. By person or courier: Deliver your comments and hearing requests 
to: United States Environmental Protection Agency (EPA), Oregon 
Operations Office, 805 SW. Broadway, Suite 500, Portland, Oregon 97205 
or U.S. Environmental Protection Agency, OAWT, Solid Waste & Toxics, 
AWT-128, 1200 Sixth Avenue, Seattle, WA 98101. The Regional offices are 
open from 8 a.m. to 5 p.m., Monday through Friday, excluding legal 
holidays. The phone numbers for the offices are (503) 326-3250 and 
(206) 553-1985.
    4. Electronically: You may submit your comments and hearing 
requests electronically by e-mail to: ross.barbara@epa.gov, or mail 
your computer disk to the address identified above. Do not submit any 
information electronically that you consider Confidential Business 
Information (CBI). Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments and data will

[[Page 39525]]

also be accepted on standard disks in Microsoft Word or ASCII file 
format.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
OPPT-2010-0549. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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 either electronically 
in http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the 
agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page 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 that you mail to 
EPA 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 as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. If you have any questions 
about CBI or the procedures for claiming CBI, please consult the 
technical person identified under FOR FURTHER INFORMATION CONTACT.

E. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, identify the docket control 
number assigned to this action in the subject line on the first page of 
your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that on May 3, 2010, the State of Oregon was 
deemed authorized under section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), to administer and enforce requirements for a renovation, 
repair and painting program in accordance with section 402(c)(3) of 
TSCA, and a lead-based paint pre-renovation education program in 
accordance with section 406(b) of TSCA. This notice also announces that 
EPA is seeking comment and providing an opportunity to request a public 
hearing on whether the State programs are at least as protective as the 
Federal programs and provide for adequate enforcement. The 402(c)(3) 
program ensures that training providers are accredited to teach 
renovation classes, that individuals performing renovation activities 
are properly trained and certified as renovators, that firms are 
certified as renovation firms, and that specific work practices are 
followed during renovation activities. The 406(b) program ensures that 
owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are begun. On May 3, 2010, Oregon submitted an 
application under section 404 of TSCA requesting authorization to 
administer and enforce requirements for a renovation, repair and 
painting program in accordance with section 402(c)(3) of TSCA, and a 
pre-renovation education program in accordance with section 406(b) of 
TSCA, and submitted a self-certification that these programs are at 
least as protective as the Federal programs and provides for adequate 
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), the Oregon renovation program and pre-renovation 
education program are deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for 
public comment and opportunity for a public hearing on whether the 
State program application is at least as protective as the Federal 
programs and provides for adequate enforcement. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time and place of the hearing. The authorization 
of the Oregon 402(c)(3) and 406(b) programs, which were deemed 
authorized by regulation and statute on May 3, 2010, will continue 
without further notice unless EPA, based on its own review and/or 
comments received during the comment period, disapproves one or both of 
these Oregon program applications on or before October 31, 2010.

B. What is the agency's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute was the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C. 
2681-2692), entitled Lead Exposure Reduction. In the Federal Register 
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section 
402(c)(3) regulations governing renovation activities. The regulations

[[Page 39526]]

require that in order to do renovation activities for compensation, 
renovators must first be properly trained and certified, must be 
associated with a certified renovation firm, and must follow specific 
work practice standards, including recordkeeping requirements. In 
addition, the rule prescribes requirements for the training and 
certification of dust sampling technicians. In the Federal Register of 
June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section 406(b) 
regulations governing pre-renovation education requirements in target 
housing. This program ensures that owners and occupants of target 
housing are provided information concerning potential hazards of lead-
based paint exposure before certain renovations are begun on that 
housing. In addition to providing general information on the health 
hazards associated with exposure to lead, the lead hazard information 
pamphlet advises owners and occupants to take appropriate precautions 
to avoid exposure to lead-contaminated dust and debris that are 
sometimes generated during renovations. EPA believes that regulation of 
renovation activities and the distribution of the pamphlet will help to 
reduce the exposures that cause serious lead poisonings, especially in 
children under age 6, who are particularly susceptible to the hazards 
of lead.
    Under section 404 of TSCA, a State may seek authorization from EPA 
to administer and enforce its own pre-renovation education program or 
renovation, repair and painting program in lieu of the Federal program. 
The regulations governing the authorization of a State program under 
both sections 402 and 406 of TSCA are codified at 40 CFR part 745, 
subpart Q. States that choose to apply for program authorization must 
submit a complete application to the appropriate regional EPA office 
for review. Those applications will be reviewed by EPA within 180 days 
of receipt of the complete application. To receive EPA approval, a 
State must demonstrate that its program is at least as protective of 
human health and the environment as the Federal program, and provides 
for adequate enforcement, as required by Section 404(b) of TSCA. EPA's 
regulations at 40 CFR part 745, subpart Q, provide the detailed 
requirements a State program must meet in order to obtain EPA approval. 
A State may choose to certify that its own pre-renovation education 
program or renovation, repair and painting program meets the 
requirements for EPA approval, by submitting a letter signed by the 
Governor or Attorney General stating that the program is at least as 
protective of human health and the environment as the Federal program 
and provides for adequate enforcement. Upon submission of such a 
certification letter, the program is deemed authorized pursuant to TSCA 
section 404(a) and 40 CFR 745.324(d)(2) and [15 U.S.C. 2864(b)]. This 
authorization becomes ineffective, however, if EPA disapproves the 
application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Oregon's self-certification 
application:

Scope of Rules

    Oregon State laws, called Oregon Revised Statutes (ORS), gives the 
Department of Human Services (DHS), Public Health Division, and the 
Construction Contractors Board joint authority to implement and 
administer the Federal Lead Renovation, Repair and Painting Rule in 
Oregon to ensure that persons who perform lead-based paint activities 
do so safely to prevent exposure of building occupants, especially 
children, to hazardous levels of lead. The Oregon Administrative Rules 
(OARs) adopted by the State of Oregon to implement the statutes and the 
Lead Renovation, Repair and Painting Rule Program can be found in OAR 
333-070 and OAR 812-007. The Department of Human Services, Public 
Health Division OARs governing Lead-Based Paint Renovation including 
the standards of Practice and RRP training can be found in OAR 333-070 
effective April 26, 2010. The Construction Contractors Board OARs 
governing the ``Certified Lead-Based Paint Renovation Contractors 
License'' (LBPR) can be found in OAR 812-007-0020 (definitions) and OAR 
812-007-0300 through 0372 effective April 27, 2010. The rule requires a 
person to be certified before performing, supervising, or offering to 
perform a lead-based paint activity involving target housing or a 
child-occupied facility built before 1978. Work practice standards are 
also prescribed, as well as reporting and recordkeeping requirements. 
In addition, no person may offer or conduct a lead training course 
represented as qualifying a person for certification unless the course 
is accredited by the Department and uses approved instructors.
    OAR 333 Division 70 has been promulgated to incorporate the pre-
renovation education distribution (PRE) and renovation, repair and 
painting (RRP) requirements for programs under the Environmental 
Protection Agency's regulations at 40 CFR part 745, subparts E and L. 
The DHS's lead program regulates the following lead-based paint 
activities in target housing and child-occupied facilities built before 
1978:
     Pre-renovation information distribution and renovation 
activities conducted for compensation.
     Lead hazard reduction, including abatement and ordered 
lead remediation.
     Lead investigation, including dust, paint, soil sampling 
and onsite testing; clearance, inspection, hazard screen, risk 
assessment and elevated blood lead investigation activities.

Applicability to Renovations

    The PRE and RRP provisions are described in detail at OAR 333-070, 
OAR 812-007-0020, and OAR 812-007-0300 through 0374. These rules apply 
to renovations performed for compensation in target housing and child-
occupied facilities, except when:
     The paint involved in the renovation is determined to be 
lead-free by a certified lead inspector, risk assessor or hazard 
investigator or by a certified renovator using an Oregon-recognized 
test kit.
     The work is minor repair or maintenance.
     The work is renovation not performed for compensation and 
no other conditions requiring certification exist.
     The work is renovation performed by the homeowner in the 
owner's owner-occupied unit.
    Emergency renovations are exempt from certain provisions, including 
the PRE requirements, but not from cleaning and post renovation 
cleaning verification.

Accreditation of Training Courses

    Training course accreditation is described in detail at OAR 
333.070.0125-0160. A person wishing to offer a course leading to 
certification, including lead-safe renovation and lead sampling initial 
or refresher courses, must submit a complete application with course 
materials and fee to the Department. The course must cover all 
curriculum requirements identified in Division 70. Courses deemed to 
meet all requirements are granted full approval and may renew their 
accreditations at 4-year intervals.

Pre-Renovation Education Requirements

    The PRE requirements are described in detail at OAR 333.070.0095. 
Renovation companies must:
     Provide the pamphlet, Renovate Right, to owners and 
occupants of target

[[Page 39527]]

housing and to owners, operators and parents or guardians in child-
occupied facilities before beginning renovation work.
     Obtain signature acknowledging receipt of pamphlet, or 
other proof of delivery.
     Post information in child-occupied facilities and multi-
family housing.

Renovation, Repair and Painting Requirements

Certified Company Requirements
    OAR 333-070-0105 through 333-070-0110 describe requirements for 
certification for firms that are not licensed by the Construction 
Contractors Board (CCB). Requirements for companies licensed by CCB are 
described in OAR 812-007-0300 through 812-007-0360. Companies must 
submit an application and pay a fee for certification. Companies must:
     Assign a certified lead-safe renovator to oversee each 
renovation project.
     Use only a certified renovator and certified renovator-
trained workers to perform renovations.
     Ensure the use of lead-safe work practices and that 
prohibited practices are not used.
     Meet the pre-renovation education requirements.
     Create and maintain required records.
Certified Renovator Requirements
    Certified renovator responsibilities are described at OAR 
333.070.0100. To be certified as a lead-safe renovator, an individual 
must complete a one-day lead-safe renovation course taught by an 
accredited training provider. Certified renovators must:
     Provide training to untrained workers on the lead-safe 
work practices to be used.
     Be onsite to conduct or oversee posting of signs, 
containment setup, and final cleaning.
     Be onsite regularly to direct and ensure ongoing 
maintenance of containment barriers and use of lead-safe work 
practices.
     Be available onsite during work or by telephone to return 
immediately to the worksite.
     Be in possession of a valid, unexpired certification card 
when at the jobsite.
     Personally conduct the post-renovation cleaning 
verification.
     Prepare required renovation records.
Certified Lead Sampling Technician Requirements
    Lead sampling technician activities and responsibilities are 
described at OAR 333.070.0100. Lead sampling technicians may conduct 
clearance after renovation, but not lead abatement. A lead sampling 
technician must complete a one-day lead sampling course taught by an 
accredited training provider. Sampling technicians must:
     Complete clearance requirements, including collecting and 
sending dust-wipe samples to a recognized lab.
     Interpret laboratory results and prepare a clearance 
report for the contractor and owner.
     Be in possession of a valid, unexpired certification card 
when conducting regulated work.
Renovation Work Practice Requirements
    Renovation work practices are described at OAR 333.070.0090. 
Workers must follow documented methodologies to protect occupants from 
lead hazards created during renovations, including:
     Posting warning signs, containing work areas, protecting 
furnishings and cleaning.
     Prohibitions on using certain dangerous work practices, 
including: Open-flame burning or torching, operating a heat gun over 
750 [deg]F, using a high speed machine to remove paint without a HEPA-
filtered exhaust system, using an improperly operating HEPA vacuum, and 
dry sweeping in the work area.
     Proper handling and transporting of waste.
     Final visual inspection and post renovation cleaning 
verification using prescribed protocol.
Renovation Recordkeeping Requirements
    Recordkeeping requirements for renovations are described in detail 
at OAR 333.070.0110. The renovation company must maintain records of 
its regulated activities for 3 years, including:
     Any paint testing results.
     Copies of signed pamphlet acknowledgements forms or other 
documentation of delivery.
     Documentation and certification that renovation 
requirements were followed.
     Individual worker training records.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate, 
or fail or refuse to comply with, any requirement of an approved State 
program. Therefore, EPA reserves the right to exercise its enforcement 
authority under TSCA against a violation of, or a failure or refusal to 
comply with, any requirement of an authorized State program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a State or Indian Tribal renovation, repair 
and painting program, and/or a lead-based paint pre-renovation 
education program, after notice and opportunity for corrective action, 
if the program is not being administered or enforced in compliance with 
standards, regulations, and other requirements established under the 
authorization. The procedures U.S. EPA will follow for the withdrawal 
of an authorization are found at 40 CFR 745.324(i).

    Dated: June 24, 2010.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2010-16775 Filed 7-8-10; 8:45 am]
BILLING CODE 6560-50-P
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