27906 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 USC 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 2, 2013. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2013–11289 Filed 5–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2010–0173; FRL–9385–6] 

RIN 2070–AJ56 

Lead; Renovation, Repair, and Painting 

Program for Public and Commercial 

Buildings; Notice of Public Meeting 

and Reopening of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public meeting and 

reopening of comment period. 

SUMMARY: In 2010, EPA issued an 

advance notice of proposed rulemaking 

(ANPRM) concerning renovation, repair, 

and painting activities in public and 

commercial buildings. EPA is in the 

process of determining whether these 

activities create lead-based paint 

hazards, and, for those that do, 

developing certification, training, and 

work practice requirements as directed 

by the Toxic Substances Control Act 

(TSCA). This document announces a 

public meeting on June 26, 2013, and 

reopens the comment period for the 

December 31, 2012 Federal Register 

document to allow for additional data 

and other information to be submitted 

by the public and interested 

stakeholders. 

DATES: The public meeting will be held 

on June 26, 2013, from 8:30 a.m. to 

12:30 p.m. Requests to participate in the 

meeting must be received on or before 

June 3, 2013. 

To request accommodation of a 

disability, please contact the technical 

person listed under FOR FURTHER

INFORMATON CONTACT, preferably at least 

10 days prior to the meeting, to give 

EPA as much time as possible to process 

your request. 

Comments must be received on or 

before July 12, 2013. For additional 

information on timeframes for 

submission of comments, see Unit II. of 

the SUPPLEMENTARY INFORMATION. 

ADDRESSES: The meeting will be held at 

the Environmental Protection Agency, 

Room 1153, EPA East Bldg., 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

Requests to participate in the meeting, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0173, 

must be submitted to the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Submit your comments, identified by 

docket ID number EPA–HQ–OPPT– 

2010–0173, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

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

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Hans 

Scheifele, National Program Chemicals 

Division (7404T), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–3122; 

email address: scheifele.hans@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: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This document is directed to the 

public in general. However, you may be 

potentially affected by this action if you 

manage or perform renovations, repairs, 

or painting activities on the exterior or 

interior of public buildings or 

commercial buildings. 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. Other types of entities 

not listed may also be affected. 

Potentially affected entities may 

include: 

• Building construction (NAICS code 

236), e.g., commercial building 

construction, industrial building 

construction, commercial and 

institutional building construction, 

building finishing contractors, drywall 

and insulation contractors, painting and 

wall covering contractors, finish 

carpentry contractors, other building 

finishing contractors. 

• 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 non-residential buildings and 

dwellings, non-residential property 

managers. 

• Other general government support 

(NAICS code 921), e.g., general services 


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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules 27907 

departments, public property 

management services, government. 

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 copies of this document 

and other related information? 

The docket for this action, identified 

by docket ID number EPA–HQ–OPPT– 

2010–0173, 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), EPA West 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. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

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 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 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify this document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. Follow the 

detailed instructions as provided under 

ADDRESSES. 

iii. Respond to specific questions 

posed by the Agency. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used or that would 

substantiate your concern. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced by the 

Agency and others. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified in this document. 

II. Background 

Title IV of TSCA, 15 U.S.C. 2681 et 

seq., was enacted to assist the Federal 

Government in reducing lead exposures, 

particularly those resulting from leadbased paint. Section 402(c)(3) of TSCA 

specifically requires EPA to revise its 

Lead-based Paint Activities Regulations 

(Ref. 1), promulgated under TSCA 

section 402(a), to apply to those 

renovation and remodeling activities in 

target housing, public buildings 

constructed before 1978, or commercial 

buildings that create lead-based paint 

hazards. In April 2008, EPA issued the 

final Lead Renovation, Repair, and 

Painting (RRP) Rule under TSCA section 

402(c)(3) (Ref. 2). The RRP Rule covers 

renovation, repair, and painting 

activities in target housing, which is 

most pre-1978 housing, and childoccupied facilities, defined in the rule 

as a subset of public and commercial 

buildings in which young children 

spend a significant amount of time. 

Shortly after the RRP Rule was 

published, several lawsuits were filed 

challenging the rule, asserting, among 

other things, that EPA violated TSCA 

section 402(c)(3) by failing to address 

renovation activities in public and 

commercial buildings. These lawsuits 

(brought by environmental and 

children’s health advocacy groups as 

well as a homebuilders association) 

were consolidated in the Circuit Court 

of Appeals for the District of Columbia 

Circuit. EPA engaged in collective 

settlement negotiations with all the 

parties and on August 24, 2009, EPA 

entered into an agreement with 

environmental and children’s health 

advocacy groups in settlement of their 

lawsuits (Ref. 3). Shortly thereafter, the 

homebuilders association voluntarily 

dismissed its challenge to the rule. As 

part of this settlement agreement, EPA 

agreed to commence rulemaking to 

address renovations in public and 

commercial buildings, other than childoccupied facilities, to the extent such 

renovations create lead-based paint 

hazards. As an initial step, EPA issued 

an ANPRM in the Federal Register on 

renovations in public and commercial 

buildings on May 6, 2010 (Ref. 4). 

The settlement agreement has been 

amended and modified several times 

primarily to extend deadlines in the 

agreement, with the most recent 

amendment having been entered into by 

the parties on September 7, 2012. Under 

the terms of the amended settlement 

agreement, the date by which EPA has 

agreed to either sign a proposed rule 

covering renovation, repair, and 

painting activities in public and 

commercial buildings, or determine that 

these activities do not create lead-based 

paint hazards, is July 1, 2015. If EPA 

publishes a proposed rule in the Federal 

Register, EPA agrees to take final action 

on or before the date 18 months after the 

proposed rule has published. 

In addition, EPA agreed to hold a 

public meeting on or before July 31, 

2013, and offer an opportunity for 

stakeholders and other interested 

members of the public to provide data 

and other information that EPA may use 

in making its regulatory determinations. 

On December 31, 2012, EPA announced 

its intention to hold a public meeting on 

public and commercial building 

renovations and opened a comment 

period to offer interested stakeholders 

another opportunity to provide 

information and data that EPA could 

use to make regulatory decisions in this 

area (Ref. 5). EPA specifically requested 

information on the following: 

1. The manufacture, sale, and uses of 

lead-based paint after 1978. 

2. The use of lead-based paint on 

public and commercial buildings. 

3. The frequency and extent of 

renovations of public and commercial 

buildings. 

4. Work practices used to renovate 

public and commercial buildings. 

5. Dust generation and transportation 

from exterior and interior renovations of 

public and commercial buildings. 

With this document, EPA is 

announcing that the public meeting will 

be held on June 26, 2013, from 8:30 a.m. 

to 12:30 p.m. at the location provided 

under ADDRESSES. EPA has developed a 

discussion guide for the meeting that 

includes a description of the 

information received during the 

comment period earlier this year. The 

discussion guide has been placed in the 

docket for this action, docket ID number 

EPA–HQ–OPPT–2010–0173, and is 

available on EPA’s Web site at http:// 

www.epa.gov/lead/rrp/index.html. The 

discussion guide can also be obtained 

from the National Lead Information 

Center by calling 1–800–424–LEAD 

(5323) or from the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 


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27908 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules 

EPA is also reopening the comment 

period for the December 31, 2012 

Federal Register document (Ref. 5) to 

allow interested parties to submit 

additional relevant information and data 

before the public meeting, although EPA 

is not planning to update the discussion 

guide to reflect any information 

submitted at this time. The reopened 

comment period will stay open through 

the public meeting on June 26, 2013, 

and continue to remain open until July 

12, 2013 to accommodate written 

follow-up comments that participants or 

the general public wish to submit after 

the public meeting. Comments will be 

accepted regardless of whether the 

submitter participates in the public 

meeting. 

III. References 

As indicated under ADDRESSES, a 

docket has been established for this 

document under docket ID number 

EPA–HQ–OPPT–2010–0173. The 

following is a list of the documents that 

are specifically referenced in this 

document. The docket includes these 

documents and other information 

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. EPA. Lead; Requirements for Lead-Based 

Paint Activities in Target Housing and ChildOccupied Facilities; Final Rule. Federal 

Register (61 FR 45778, August 29, 1996) 

(FRL–5389–9). 

2. EPA. Lead; Renovation, Repair, and 

Painting Program; Final Rule. Federal 

Register (73 FR 21692, April 22, 2008) (FRL– 

8355–7). 

3. EPA. Sierra Club, etc. Settlement, as 

amended and modified (2009, 2011, and 

2012). 

4. EPA. Lead; Renovation, Repair, and 

Painting Program for Public and Commercial 

Buildings; Advance Notice of Proposed 

Rulemaking. Federal Register (75 FR 24848, 

May 6, 2010) (FRL–8823–6). 

5. EPA. Lead; Renovation, Repair, and 

Painting Program for Public and Commercial 

Buildings; Request for Information and 

Advance Notice of Public Meeting. Federal 

Register (77 FR 76996, December 31, 2012) 

(FRL–9373–7). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Buildings 

and facilities, Business and industry, 

Lead-based paint, Hazardous 

substances, Public and commercial 

buildings, Occupational safety and 

health, Renovation, Repair, and Painting 

Program (RRP), Safety. 

Dated: May 6, 2013. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2013–11316 Filed 5–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–192 

[FMR Case 2008–102–4; Docket 2008–0001; 

Sequence 1] 

RIN 3090–AI79 

Federal Management Regulation 

(FMR); Mail Management; Financial 

Requirements for All Agencies 

AGENCY: Office of Governmentwide 

Policy, GSA. 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the Federal Management 

Regulation (FMR) by revising its mail 

management policy. A major part of the 

proposed revision involves the removal 

of the agency requirement to pay the 

United States Postal Service (USPS) 

using commercial payment processes. 

This proposed rule also revises the term 

‘‘commercial payment process’’, 

removes the definition ‘‘large agency’’, 

requires all agencies to provide an 

annual mail management report, 

changes the date of the annual report, 

removes the description of facility and 

program mail manager responsibilities, 

recommends all agencies implement the 

process of consolidation of mail and 

requires all agencies to expand existing 

mail security policy to include guidance 

for employees receiving incoming and 

sending outgoing official mail at an 

alternative worksite. Finally, this 

proposed rule encourages agencies to 

increase sustainable activities in their 

mail programs, and makes editorial and 

technical corrections. This case is 

included in GSA’s retrospective review 

of existing regulations under Executive 

Order 13563. Additional information is 

available at www.gsa.gov/ 

improvingregulations. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before July 12, 2013 

to be considered in the formation of the 

final rule. 

ADDRESSES: Submit comments in 

response to FMR Case 2008–102–4 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FMR Case 2008–102–4’’. 

Follow the instructions provided at the 

‘‘Submit a Comment’’ screen. Please 

include your name, company name (if 

any), and ‘‘FMR Case 2008–102–4’’ on 

your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street NE., 7th Floor, Washington, 

DC 20417. 

Instructions: Please submit comments 

only and cite FMR Case 2008–102–4, in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Derrick 

Miliner, Office of Governmentwide 

Policy, Mail Management Program, at 

202–273–3564, or email him at 

derrick.miliner@gsa.gov. Please cite 

FMR case 2008–102–4. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat (MVCB), 1275 First Street 

NE., Washington, DC 20417, 202–501– 

4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On June 6, 2002, GSA published an 

interim rule in the Federal Register (67 

FR 38899) that required all payments to 

the United States Postal Service (USPS) 

be made using commercial payment 

processes, not the Official Mail 

Accounting System (OMAS). The initial 

conversion date of October 1, 2003, was 

subsequently changed to December 31, 

2003 by an amendment published in the 

Federal Register on September 29, 2003 

(68 FR 56112). Many agencies 

unfortunately were not able to meet this 

goal. 

If agencies did not convert to the 

commercial payment process by that 

date, they were required to submit a 

deviation request for an extension. If 

granted, the deviation could last for no 

longer than a two-year period (per 

internal GSA policy), at which time 

agencies would have to request another 

deviation. FMR Bulletin G–01, 

published in the Federal Register on 

May 13, 2008 (73 FR 27540), granted a 

12 month deviation from April 11, 2008 

through April 13, 2009 for conversion to 

the commercial payment process. FMR 

Bulletin G–02 extended the period 

granted in FMR Bulletin G–01 to April 

13, 2010. GSA granted agencies another 

automatic 12-month deviation and 


emcdonald on DSK67QTVN1PROD with PROPOSALS