20444 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

*******

2008 Lead Attainment Demonstration for 

Hillsborough Area.

6/29/2012 4/16/2015 [Insert Federal Register 

citation].

2008 Lead Attainment Demonstration for 

Hillsborough Area Amendment.

6/27/2013 4/16/2015 [Insert Federal Register 

citation].

[FR Doc. 2015–08666 Filed 4–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2014–0304; FRL–9925–71] 

RIN 2070–AK04 

Lead-Based Paint Programs; 

Extension of Renovator Certifications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Agency is extending the 

certifications of certain renovators 

under the Lead Renovation, Repair, and 

Painting (RRP) rule. In January 2015, the 

Agency published a proposed rule that 

would, among other things, change the 

requirements for the refresher training 

course that renovators must take to 

become recertified. EPA is extending 

certifications of thousands of renovators 

that will otherwise expire before that 

rule can be finalized. EPA is taking this 

action so that, if and when the changes 

in the proposed rule are finalized, these 

renovators can take advantage of the 

changes. 

DATES: This final rule is effective on 

April 16, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0304, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Marc 

Edmonds, National Program Chemicals 

Division, Office of Pollution Prevention 

and Toxics (7404M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 566–0758; 

email address: edmonds.marc@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. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be potentially affected by 

this action if you operate a training 

program required to be accredited under 

40 CFR 745.225, or if you are an 

individual who must be certified to 

conduct renovation activities in 

accordance with 40 CFR 745.90. This 

rule applies only in states, territories, 

and tribal areas that do not have 

authorized programs pursuant to 40 CFR 

745.324. For further information 

regarding the authorization status of 

States, territories, and Tribes, contact 

the National Lead Information Center at 

1–800–424–LEAD (5323). 

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. Potentially 

affected entities may include: 

• 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. 

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. 

II. Background 

A. What action is the agency taking? 

On January 14, 2015, EPA published 

a proposed rule (Ref. 1) that would, 

among other things, amend the RRP 

rule’s refresher training requirements 

(Ref 2). Specifically, EPA proposed to 

eliminate the hands-on requirement in 

the refresher training that renovators 

must take to maintain their certification 

as required by the RRP rule. This change 

would make it easier for renovators to 

take the refresher training, especially 

renovators who live far from a training 

facility. Renovators would save time 

and travel costs by taking the course 

from a single location, possibly their 

own home. If taking the training is made 

easier, EPA believes that more 

renovators would take the refresher 

training and become recertified. Having 

more renovators take the refresher 

training would lead to a higher number 

of certified renovators, resulting in a 

workforce better able to perform 

renovations in a lead-safe manner. 

If the Agency issues a final rule 

eliminating the hands-on requirement, it 

would not happen until near the end of 

2015. Unfortunately, many renovator 

certifications will expire before the final 

rule can be published. In light of this, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 20445 

EPA is extending certifications of a 

portion of certified renovators until after 

the expected publication of the final 

rule to ensure that the benefit of such 

elimination, if promulgated, is not 

denied to renovators who were among 

the first to take the initial training 

course. Under today’s action, renovators 

who received certification on or before 

March 31, 2010, now have until March 

31, 2016, to get recertified. Renovators 

who received certification between 

April 1, 2010 and March 31, 2011, will 

have one year added to their 5-year 

certification. Subsequent certifications 

for renovators receiving the extension 

will be five years. These extensions only 

apply to renovators that fall under 

EPA’s renovation program and not to 

renovators under authorized state 

programs. 

EPA is creating two sets of extensions 

for two reasons. First, the Agency does 

not want to extend the certifications 

more than is necessary to accommodate 

the potential finalization of the 

proposed amendments. Renovator 

certifications from March 2010 and 

before need to be extended beyond one 

year so they will expire after any 

potential changes are finalized. Second, 

EPA is extending an additional group of 

renovator certifications for one year 

because the Agency does not want all of 

the extended certifications to expire on 

the same day. This will prevent 

hundreds of thousands of renovators 

from seeking recertification at the same 

time, which could overwhelm training 

providers. 

EPA specifically requested comment 

on such an extension of certifications 

for certain renovators and the Agency 

received several comments regarding an 

extension. Of those comments, the 

majority were in favor of the extension. 

In supporting the extension of renovator 

certifications, one commenter stated 

that it would alleviate burden on 

contractors that have difficulty finding a 

training course within a reasonable 

distance of them. Another commenter 

stated that the extension will help 

ensure that as many certified renovators 

as possible can take advantage of the 

burden savings associated with 

removing the hands-on requirement. 

Other commenters similarly believe that 

the certifications should be extended to 

allow renovators to take advantage of 

any potential changes that may be 

finalized. EPA agrees with these 

commenters and has, accordingly, 

extended certifications for a portion of 

renovators. 

Several commenters who supported 

the extension stated that EPA should 

announce the extension immediately, 

before renovators start taking the 

refresher training that includes the 

hands-on learning. One of the 

commenters urged the Agency to 

bifurcate the certification extension 

from the other parts of the proposed rule 

in order to expedite the extension. EPA 

agrees that it is important to extend the 

certifications as soon as possible. In 

order to expedite the extension, the 

Agency has finalized it separately from 

the other possible changes from the 

proposed rule allowing it to be finalized 

sooner than if it were part of the larger 

rule that could not be finalized until 

later in the year. 

One commenter who opposed the 

extension believes that it will confuse 

renovators in authorized states because 

renovators will assume the EPA 

extension applies to their state’s 

program. To prevent any potential 

confusion, EPA would like to clarify 

that this final rule applies only in states 

where EPA implements the program and 

not in authorized states. 

Some commenters stated that the 5- 

year renovator certification is too long 

and therefore should not be extended. 

The Agency disagrees about extending 

the certifications. EPA believes that a 

one-time extension is justified to allow 

more renovators to realize the benefits 

of any potential changes. By extending 

the certifications, EPA believes that 

more renovators will seek recertification 

leading to a higher number of certified 

renovators resulting in a workforce 

better able to perform renovations in a 

lead-safe manner. EPA previously 

explained in the preamble to the RRP 

rule why the Agency promulgated 5- 

year renovator certifications (Ref. 2) 

As proposed, EPA finds under the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(d)(3), that good cause exists 

to dispense with the 30-day delay in the 

effective date of this final rule, for the 

reasons explained in the proposed rule 

and in this Unit. The Agency believes it 

is in the public interest to relieve the 

certification deadline for the renovators 

identified in this Unit, so that they may 

benefit from any upcoming amendments 

to the refresher training requirements. 

EPA also believes that such action 

would relieve a restriction in 

accordance with 5 U.S.C. 553(d)(1). EPA 

therefore issues this final rule making 

this change effective upon publication 

in the Federal Register. 

B. What is the agency’s authority for 

taking this action? 

This final rule is being issued under 

the authority of sections 402(a) and 

402(c)(3) of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2682(a) 

and 2682(c)(3). 

III. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. Lead-based Paint Programs; Amendment to 

Jurisdiction-Specific Certification and 

Accreditation Requirements and 

Renovator Refresher Training 

Requirements. Federal Register (80 FR 

1873, January 14, 2015) (FRL–9920–85). 

2. Lead; Renovation, Repair, and Painting 

Program; Final Rule. Federal Register 

(73 FR 21692, April 22, 2008) (FRL– 

8355–7). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Orders 12866 and 13563, 

entitled ‘‘Improving Regulation and 

Regulatory Review’’ (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq., because it 

does not create any new reporting or 

recordkeeping obligations. OMB has 

previously approved the information 

collection activities contained in the 

existing regulations and has assigned 

OMB control number 2070–0155. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities. An 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This rule 


tkelley on DSK3SPTVN1PROD with RULES
20446 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 

extends the certifications for subset of 

renovators. Those are the only small 

entities directly subject to this action, 

and the action has a positive economic 

effect on them. We have therefore 

concluded that this action will relieve 

regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This final rule will not 

impose substantial direct compliance 

costs on Indian tribal governments. 

Thus, Executive Order 13175 (65 FR 

67249, November 9, 2000) does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Because this rulemaking does not 

involve technical standards, Section 

12(d) of NTTAA, 15 U.S.C. 272 note, 

does not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations as delineated by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). 

V. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Lead, 

Lead-based paint, Renovation. 

Dated: April 8, 2015. 

Gina McCarthy, 

Administrator. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 745—[AMENDED] 

■ 1. The authority citation for part 745 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2681– 

2692 and 42 U.S.C. 4852d. 

■ 2. In § 745.90, revise paragraph (a)(4) 

to read as follows: 

§ 745.90 Renovator certification and dust 

sampling technician certification. 

(a) * * * 

(4) To maintain renovator certification 

or dust sampling technician 

certification, an individual must 

complete a renovator or dust sampling 

technician refresher course accredited 

by EPA under § 745.225 or by a State or 

Tribal program that is authorized under 

subpart Q of this part within 5 years of 

the date the individual completed the 

initial course described in paragraph 

(a)(1) of this section. If the individual 

does not complete a refresher course 

within this time, the individual must retake the initial course to become 

certified again. Individuals who 

complete a renovator course accredited 

by EPA or an EPA authorized program 

on or before March 31, 2010, must 

complete a renovator refresher course 

accredited by EPA or an EPA authorized 

program on or before March 31, 2016, to 

maintain renovator certification. 

Individuals who completed a renovator 

course accredited by EPA or an EPA 

authorized program between April 1, 

2010 and March 31, 2011, will have one 

year added to their original 5-year 

certification. 

* * * * * 

[FR Doc. 2015–08789 Filed 4–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140117052–4402–02] 

RIN 0648–XD874 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2015 commercial summer 

flounder quota to the Commonwealth of 

Virginia. These quota adjustments are 

necessary to comply with the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan quota transfer 

provision. This announcement is 

intended to inform the public of the 

revised commercial quota for each state 

involved. 

DATES: Effective April 15, 2015, through 

December 31, 2015. 

FOR FURTHER INFORMATION CONTACT: Reid 

Lichwell, Fishery Management 

Specialist, 978–281–9112. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are in 50 CFR 648.100– 

648.110. These regulations require 

annual specification of a commercial 

quota that is apportioned among the 

coastal states from North Carolina 

through Maine. The process to set the 

annual commercial quota and the 

percent allocated to each state are 

described in § 648.10(c)(1)(i). 

The final rule implementing 

Amendment 5 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan provided a 

mechanism for summer flounder quota 


tkelley on DSK3SPTVN1PROD with RULES