27044 Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices 

Take notice that the Commission 

received the following electric securities 

filings: 

Docket Numbers: ES10–34–001. 

Applicants: Consumers Energy 

Company. 

Description: Amendment of Original 

Application and request for expanded 

long-term securities authorization of 

Consumers Energy Company. 

Filed Date: 04/28/2011. 

Accession Number; 20110428–5404. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, May 19, 2011. 

Docket Numbers: ES11–25–000. 

Applicants: Entergy Arkansas, Inc. 

Description: Application of Entergy 

Arkansas, Inc., for Authorization 

Pursuant to FPA Section 204. 

Filed Date: 04/28/2011. 

Accession Number; 20110428–5401. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, May 19, 2011. 

Take notice that the Commission 

received the following land acquisition 

reports: 

Docket Numbers: LA11–1–000. 

Applicants: Munnsville Wind Farm, 

LLC, Pioneer Trail Wind Farm, LLC, 

Settlers Trail Wind Farm, LLC, Stony 

Creek Wind Farm, LLC. 

Description: E.ON CRNA Quarterly 

Report (Q1 2011) under LA11–1. 

Filed Date: 04/28/2011. 

Accession Number; 20110428–5402. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, May 19, 2011. 

Any person desiring to intervene or to 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214) on or before 5 p.m. Eastern 

time on the specified comment date. It 

is not necessary to separately intervene 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. Protests 

will be considered by the Commission 

in determining the appropriate action to 

be taken, but will not serve to make 

protestants parties to the proceeding. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

As it relates to any qualifying facility 

filings, the notices of self-certification 

[or self-recertification] listed above, do 

not institute a proceeding regarding 

qualifying facility status. A notice of 

self-certification [or self-recertification] 

simply provides notification that the 

entity making the filing has determined 

the facility named in the notice meets 

the applicable criteria to be a qualifying 

facility. Intervention and/or protest do 

not lie in dockets that are qualifying 

facility self-certifications or selfrecertifications. Any person seeking to 

challenge such qualifying facility status 

may do so by filing a motion pursuant 

to 18 CFR 292.207(d)(iii). Intervention 

and protests may be filed in response to 

notices of qualifying facility dockets 

other than self-certifications and selfrecertifications. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed dockets(s). For 

assistance with any FERC Online 

service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Dated: April 29, 2011. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2011–11321 Filed 5–9–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R10–OPPT–2011–0378; FRL–9303–6 ] 

Lead-Based Paint Renovation, Repair 

and Painting, and Pre-Renovation 

Education Activities in Target Housing 

and Child Occupied Facilities; State of 

Washington. Notice of SelfCertification 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. 

SUMMARY: This notice announces that on 

March 16, 2011, the State of Washington 

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 Washington programs are at least 

as protective as the Federal programs 

and provide for adequate enforcement. 

This notice also announces that the 

authorization of the Washington 

402(c)(3) and 406(b) programs, which 

were deemed authorized by regulation 

and statute on March 16, 2011, 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 

Washington program applications on or 

before September 12, 2011. 

DATES: Comments, identified by docket 

control number EPA–R10–OPPT–2011– 

0378, must be received on or before June 

24, 2011. In addition, a public hearing 

request must be submitted on or before 

May 25, 2011. 

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–2011–0378 in the 

subject line on the first page of your 

response. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices 27045 

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 Washington. 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: EPA has established 

an official record for this action under 

docket control number EPA–R10– 

OPPT–2011–0378. This docket may be 

accessed through http:// 

www.regulations.gov. The official record 

consists of the documents specifically 

referenced in this action, this notice, the 

State of Washington 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. 

2. In person: you may read this 

document, and certain other related 

documents, by visiting the Washington 

State Department of Commerce, LeadBased Paint Program, 1011 Plum Street, 

SE., Olympia, WA 98504; contact 

person, Cynthia Sanderson—Manager 

Lead Programs, telephone number: (360) 

725–2941 . You may also read this 

document, and certain other related 

documents, by visiting the United States 

Environmental Protection Agency (EPA) 

OAWT, Solid Waste & Toxics, AWT– 

128, 1200 Sixth Avenue, Seattle WA 

98101. You should arrange your visit to 

the EPA office by contacting the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

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–2011– 

0378 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 or in person or by courier: 

Submit or deliver your comments and 

hearing requests to: Barbara Ross, 

Technical Contact, United States 

Environmental Protection Agency 

(EPA), OAWT, Solid Waste & Toxics, 

AWT–128, 1200 Sixth Avenue, Suite 

900, Seattle WA 98101. The Regional 

office is open from 8 a.m. to 5 p.m., 

Monday through Friday, excluding legal 

holidays. The phone number for the 

office is (206) 553–1985. 

3. 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 

also be accepted on standard disks in 

Microsoft Word or ASCII file format. 

Instructions: Direct your comments to 

Docket ID Number EPA–R10–OPPT– 

2011–0378. 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 http://www.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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
27046 Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices 

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 March 16, 

2011, the State of Washington 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 March 16, 2011, Washington 

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 provide for adequate 

enforcement. Therefore, pursuant to 

section 404(a) of TSCA, and 40 CFR 

745.324(d)(2), the Washington 

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 Washington 

402(c)(3) and 406(b) programs, which 

were deemed authorized by regulation 

and statute on March 16, 2011, 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 

Washington program applications. 

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 

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 prerenovation 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 prerenovation 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 Washington’s self-certification 

application: 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices 27047 

Scope of Rules 

Washington state laws, called Revised 

Code of Washington (RCW), gives the 

Department of Commerce, Lead-Based 

Paint Program authority to implement 

and administer the Federal Lead 

Renovation, Repair and Painting Rule in 

Washington 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 

Washington Administrative Code (WAC 

365–230) adopted by the State of 

Washington to implement the statutes 

and the Lead Renovation, Repair and 

Painting Rule becomes effective March 

16, 2011. 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. 

WAC 365–230 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 Washington State 

Department of Commerce lead-based 

paint 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. 

• Lead investigation, including dust, 

paint, soil sampling and onsite testing; 

clearance, inspection, hazard screen, 

risk assessment and elevated blood lead 

level investigation activities. 

Applicability to Renovations 

The PRE and RRP provisions are 

described in WAC 365–230. 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 by a certified renovator using 

an EPA-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 WAC 365–230–040. A 

person wishing to offer a course leading 

to certification, including lead-safe 

renovator and dust sampling technician 

initial or refresher courses, must submit 

a complete application with course 

materials and fee to the Department of 

Commerce. The course must cover all 

curriculum requirements identified in 

WAC 365–230–050. 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 WAC 365–230–320. 

Renovation firms must: 

• Provide the pamphlet, Renovate 

Right, to owners and occupants of target 

housing and to owners, operators and 

parents or guardians in child-occupied 

facilities before beginning renovation 

work. 

• Obtain signature(s) 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 Firms Requirements 

WAC 365–230–360 describes 

requirements for certification of firms. 

Firms must submit an application and 

pay a fee for certification. Firms 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 

WAC 365–230–380 describes 

requirements for certification of 

renovators. 

Certified renovator responsibilities are 

described at WAC 365–230–330 and 

WAC 365–230–340. 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 leadsafe 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/certificate 

when at the jobsite. 

• Personally conduct the postrenovation cleaning verification. 

• Prepare required renovation 

records. 

Certified Lead Sampling Technician 

Requirements 

WAC 365–230–380 describes 

requirements for certification of dust 

sampling technicians. Lead sampling 

technicians may conduct clearance after 

renovation, or clearance after lead 

abatement provided that a certified risk 

assessor or lead inspector approves the 

work of the dust sampling technician 

per HUD 24 CFR Part 35.1340 (b)(1)(i). 

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 dustwipe 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 WAC 365–230–330. 

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 1100ß F, using 

a high speed machine to remove paint 

without a HEPA-filtered exhaust system, 


jlentini on DSKJ8SOYB1PROD with NOTICES
27048 Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Notices 

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 

WAC 365–230–340. 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 prerenovation 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). 

List of Subjects 

Department of Commerce, State of 

Washington, Ecology, Lead, Renovation, 

Renovation work practice standards, 

Renovation training, Renovation 

certification, Renovation notification, 

Reporting and record keeping 

requirements. 

Dated: May 2, 2011. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2011–11437 Filed 5–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being Reviewed 

by the Federal Communications 

Commission 

AGENCY: Federal Communication 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Federal Communications 

Commission (FCC), as part of its 

continuing effort to reduce paperwork 

burden invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act (PRA) of 1995. Comments are 

requested concerning: (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimate; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) ways to further reduce the 

information burden for small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid OMB Control 

Number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before July 11, 2011. If 

you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Leslie F. Smith, Federal 

Communications Commission (FCC), via 

e-mail PRA@fcc.gov or to 

Leslie.Smith@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information the information 

collection, contact Leslie F. Smith at 

(202) 418–0217. 

SUPPLEMENTARY INFORMATION: The 

Commission has requested approval of 

this information collection under the 

emergency processing provisions of the 

PRA, 5 CFR Sections 1320.5, 1320.8(d), 

and 1320.13 by May 17, 2011. 

OMB Control Number: 3060–0430. 

Title: Section 1.1206, Permit-butDisclose Proceedings. 

Form Number(s): N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions; Federal 

Government; and State, local, or tribal 

governments. 

Number of Respondents and 

Responses: 11,500 respondents; 11,500 

responses. 

Estimated Time per Response: 45 

minutes (0.75 hours). 

Frequency of Response: On occasion 

reporting requirements; third party 

disclosure. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 25,875 hours. 

Total Annual Cost: $0.00. 

Privacy Impact Assessment: No 

Impact(s). 

Nature and Extent of Confidentiality: 

Consistent with the Commission’s rules 

on confidential treatment of 

submissions, under 47 CFR Section 

0.459, a presenter may request 

confidential treatment of ex parte 

presentations. In addition, the 

Commission will permit parties to 

remove metadata containing 

confidential or privileged information, 

and the Commission will also not 

require parties to file electronically ex 

parte notices that contain confidential 

information. The Commission will, 

however, require a redacted version to 

be filed electronically at the same time 

the paper filing is submitted, and that 

the redacted version must be machinereadable whenever technically possible. 

Needs and Uses: The Commission’s 

rules, under 47 CFR Section 1.1206, 

require that a public record be made of 

ex parte presentations (i.e., written 

presentations not served on all parties to 

the proceeding or oral presentations as 

to which all parties have not been given 

notice and an opportunity to be present) 

to decision-making personnel in 

‘‘permit-but-disclose’’ proceedings, such 

as notice-and-comment rulemakings and 

declaratory ruling proceedings. Persons 

making such presentations must file two 

copies of written presentations and two 

copies of memoranda reflecting new 

data or arguments in oral presentations 

no later than the next business day after 

the presentation; alternatively, in 

proceedings in which electronic filing is 

permitted, a copy may be filed 

electronically. 


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