84576 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 

IV. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States, and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

The existing stocks provisions for the 

products subject to this order are as 

follows. 

The registrant, AMVAC, is prohibited 

from selling, distributing, or using the 

pesticides identified in Table 1 of Unit 

II., except for proper disposal or for 

export consistent with FIFRA section 

17. 

Effective on the date listed below, 

persons other than the registrant are also 

prohibited from selling, distributing, or 

using existing stocks of these products 

except for returning existing stocks to 

AMVAC, properly disposing of existing 

stocks and exporting existing stocks 

consistent with FIFRA section 17. 

Since the Agency’s August 6, 2024, 

issuance of an Emergency Order of 

Suspension in the Federal Register on 

August 7, 2024 (89 FR 64445) (FRL– 

12147–01–OCSPP), AMVAC has been 

implementing a voluntary return 

program of products containing DCPA. 

AMVAC has directed end users to 

return product to the retail 

establishment where the product was 

originally purchased. AMVAC is 

collecting existing stocks from 

distributors and retailers and working to 

ensure the proper disposal of any 

collected product. 

Authority: 7 U.S.C. 136 et seq. 

Dated: October 17, 2024. 

Jean Anne Overstreet, 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2024–24511 Filed 10–22–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2023–0456; FRL–11424– 

02–OCSPP] 

Final Revisions to the National Lead 

Laboratory Accreditation Program 

(NLLAP); Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is announcing 

the availability of the document titled 

‘‘Laboratory Quality Standards for 

Recognition (LQSR 4.0)’’ under the 

National Lead Laboratory Accreditation 

Program (NLLAP), which is a revision to 

the EPA document titled ‘‘Laboratory 

Quality System Requirements (LQSR) 

Revision 3.0,’’ dated November 5, 2007. 

The revised LQSR 4.0 updates and 

streamlines the guidance by referencing 

existing laboratory standards already in 

practice by NLLAP participating 

laboratories and directly related to 

laboratory lead analysis; and includes 

updates to the test and sampling method 

standards to better complement EPA’s 

lead-based paint program activities. 

DATES: LQSR 4.0 is effective October 23, 

2024. However, in order to be 

recognized by the NLLAP, laboratories 

and accreditation organizations that 

currently administer the NLLAP can 

comply with the standards of LQSR 3.0 

or LQSR 4.0 until December 22, 2025. 

After December 22, 2025, all NLLAPrecognized organizations must 

implement and comply with the 

standards of LQSR 4.0 in order to 

maintain participation in NLLAP. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2023–0456, is 

available online at https://

www.regulations.gov. Additional 

information about dockets generally, 

along with instructions for visiting the 

docket in-person, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Kathleen Ferry, Existing Chemicals Risk 

Management Division, Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW, Washington, 

DC 20460–0001; telephone number: 

(202) 564–2214; email address: 

ferry.kathleen@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. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you perform or may 

perform testing under the Agency’s 

regulations regarding lead or otherwise 

interact with such testing programs. 

Specifically, entities potentially affected 

by these revisions are Fixed-Site, 

Mobile, and Field Sampling and 

Measurement Organizations (FSMOs) 

that perform lead testing. Analytical 

testing laboratories currently recognized 

by the NLLAP and accreditation 

organizations that currently administer 

the NLLAP or other organizations that 

might seek a Memorandum of 

Understanding (MOU) with the Agency 

to become an accreditation organization 

could be affected by these revisions. In 

addition, certified inspectors, certified 

risk assessors, developers, 

manufacturers, distributors of 

equipment and supplies used by FSMOs 

testing lead might also be affected by 

these revisions; and EPA-authorized 

state and tribal lead-based paint training 

and certification programs may also be 

affected by these revisions. 

Other entities potentially affected by 

changes to the NLLAP for lead testing 

are the owners and managers of target 

housing and child-occupied facilities, as 

well as realtors, lessees, and residents, 

who ultimately pay for the testing 

services and stand to benefit by 

obtaining lead test results quicker. 

Since other entities may also be 

interested, the Agency has not 

attempted to describe all of the specific 

entities that may be affected by this 

notice. If you have any questions 

regarding the applicability of this notice 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What action is the Agency taking? 

EPA is finalizing the proposed 

revisions to the LQSR, now named 

‘‘Laboratory Quality Standards for 

Recognition’’ (LQSR 4.0), with certain 

changes prompted by public comments. 

C. Reasonable Availability to the Public. 

You may access the International 

Organization for Standardization and 

International Electrochemical 

Commission (ISO/IEC) Standard 17025: 

2017 (E) ‘‘General requirements for the 

competence of testing and calibration 

laboratories’’ through the American 

National Standards Institute (ANSI) 

Incorporation by Reference (IBR) 

reading room at https://ibr.ansi.org/, as 

well as the American Society for Testing 

and Materials (ASTM) standard E1583– 

21a ‘‘Standard Practice for Evaluating 

Laboratories Engaged in Determination 

of Lead in Paint, Dust, Airborne 

Particulates, and Soil Taken from and 

Around Buildings and Related 

Structures’’ at astm.org. These standards 

were incorporated into the LQSR 4.0 

and referenced in this document. 

II. Background 

EPA is identified by Congress as the 

federal agency responsible for 

establishing an accreditation program 

for laboratories participating in the 

analysis of lead in paint, soil and dust 

samples as a part of a national 

residential lead-based paint abatement 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 84577 

and control program. In response to this 

federal mandate, the Office of Pollution 

Prevention and Toxics (OPPT) 

established the NLLAP which 

recognizes laboratories that have 

demonstrated the ability to accurately 

analyze for lead in paint, dust, and soil 

samples. EPA also publishes the LQSR 

which sets the minimum lab standards 

under Toxic Substances Control Act 

(TSCA) section 405(b) for laboratory 

analysis of lead in paint films, soil, and 

dust. 

There are two basic components to 

the NLLAP. The first component is a 

laboratory proficiency testing program 

(the Environmental Laboratory 

Proficiency Analytical Testing (ELPAT) 

Program) administered by the American 

Industrial Hygiene Association (AIHA) 

in conjunction with EPA’s NLLAP. 

AIHA sends out ELPAT proficiency 

testing samples on a quarterly basis 

(four test rounds per year). AIHA 

assimilates the test results for each test 

round and evaluates the laboratories’ 

performance on a statistical basis. The 

second component of the NLLAP is a 

system audit to be conducted by a 

laboratory accrediting organization 

recognized by EPA. EPA currently 

recognizes the organizations as 

accrediting organizations through a 

memorandum of agreement (https://

www.epa.gov/lead/national-leadlaboratory-accreditation-programnllap). Once a laboratory successfully 

meets the requirements of the ELPAT 

Program and passes an NLLAP system 

audit, the laboratory is recognized by 

EPA under the NLLAP. 

In 1993, EPA issued its first version 

of the LQSR, which outlined minimum 

requirements for NLLAP recognized 

laboratories. An organization requesting 

NLLAP recognition shall be a laboratory 

capable of performing sampling and/or 

lead testing. A laboratory shall have 

distinct staffing, instrumentation, 

sampling, and test methods, as 

appropriate, and depending upon the 

type, a laboratory may have multiple 

physical facilities and may use field test 

kits. The last revision of the LQSR was 

published in 2007, LQSR 3.0, to attain 

recognition under the NLLAP as a leadtesting laboratory. 

III. EPA Response to Public Comments 

EPA requested comment on the 

revisions to LQSR 3.0 (88 FR 78355, 

November 15, 2023 (FRL–11424–01– 

OCSPP)). A docket was created and 

used to receive public comments on 

EPA’s proposed revisions through 

December 15, 2023 (Docket Number 

EPA–HQ–OPPT–2023–0456). EPA 

received a total of three comments, two 

from NLLAP accrediting bodies and one 

from an individual. The two accrediting 

bodies commented (EPA–HQ–OPPT– 

2023–0456–0006, EPA–HQ–OPPT– 

2023–0456–0005) in general support of 

EPA’s updates to the LQSR (i.e., LQSR 

4.0), including the alignment to the 

current version of ISO/IEC 17025 as 

well as the ASTM E1583–21a Standard. 

A. Reporting Limit Issue 

One commenter (EPA–HQ–OPPT– 

2023–0456–0005) expressed concern 

over the ‘‘reporting limit issue’’ created 

by the proposed dust-lead hazard 

standard (88 FR 50444) and encouraged 

EPA to amend the LQSR to allow 

laboratories to have reporting limits 

above their method detection limit 

(MDL) without requiring the MDL 

multiplier. In addition, the commenter 

(EPA–HQ–OPPT–2023–0456–0005) 

recommended that the amended LQSR 

not require that the laboratories have a 

reporting limit of at least half of the 

lowest regulatory level, stating this 

would be interpreted to be 50% of zero. 

EPA disagrees that 50% of zero would 

have been the reporting limit under the 

dust-lead proposal. As EPA explained in 

its dust-lead proposed rule (88 FR 

50444), if the rule were to be finalized 

as proposed, the dust-lead clearance 

levels would become the ‘‘action level’’ 

as described in LQSR 4.0, not the dustlead hazard standards which EPA had 

proposed to be ‘‘any reportable level as 

analyzed by a laboratory recognized by 

EPA’s NLLAP’’. Learn more about EPA’s 

efforts to lower the dust-lead hazard 

standards and post-abatement dust-lead 

clearance levels under TSCA sections 

402 and 403: https://www.epa.gov/lead/ 

hazard-standards-and-clearance-levelslead-paint-dust-and-soil-tsca-sections402-and-403. However, in response to 

concerns raised regarding the impacts of 

lower clearance levels and the reporting 

limit on laboratories, EPA has modified 

LQSR 4.0’s Section 5.3 Test and 

Sampling Methods so that NLLAPrecognized laboratories that analyze 

dust wipe samples for lead must show 

that they can achieve a quantitation 

limit ‘‘equal to or less than . . . 80% of 

the lowest action level (i.e., regulatory 

limit) for dust wipe samples’’; this is a 

shift from the draft LQSR 4.0 where it 

was 50%. To be clear, under the current 

dust-lead regulations for floors (i.e., 10 

micrograms per square foot (mg/ft2)), the 

quantitation limit under the final LQSR 

4.0 would be 8 mg/ft2. For the two 

options for clearance or action levels 

proposed in the dust-lead proposal, the 

corresponding quantitation limit under 

the final LQSR 4.0 would be 4 mg/ft2 (for 

an action level of 5 mg/ft2 for floors) or 

2.4 mg/ft2 (for an action level of 3 mg/ft2

for floors) when the compliance date 

arrives for any such updated value. EPA 

expects its upcoming final dust-lead 

rule to also clarify this point upon 

finalizing its reconsideration of the 

action levels. In addition, EPA is 

finalizing in the LQSR 4.0 that the 

quantitation limit must be ‘‘at least 1.6 

times but no greater than 10 times the 

method detection limit,’’ whereas EPA 

proposed ‘‘at least 2 times but no greater 

than 10’’ in the draft LQSR 4.0. 

B. Effective Date 

One commenter (EPA–HQ–OPPT– 

2023–0456–0005) disagreed with the 

proposed effective date (i.e., one year 

after the publication of the Federal 

Register notice) and stated that more 

time would be needed to update 

Environmental Lead Laboratory 

Accreditation Program (ELLAP) 

accreditation policies and train its site 

assessors on to how to conduct 

assessments, especially using the new 

ASTM Standard. This commenter (EPA– 

HQ–OPPT–2023–0456–0005) also cited 

resource concerns and the need for 

adequate time to update technologies. 

First, EPA would like to clarify that the 

one-year compliance date extension was 

proposed for EPA’s rulemaking titled, 

‘‘Reconsideration of the Dust-Lead 

Hazard Standards and Dust-Lead PostAbatement Clearance Levels’’ (88 FR 

50444, August 1, 2023 (FRL–8524–01– 

OCSPP)). Interested parties should 

review EPA’s docket for that rulemaking 

to learn more about the compliance 

deadlines associated with that 

rulemaking (EPA–HQ–OPPT–2023– 

0231). 

EPA has considered the comments on 

both the draft LQSR 4.0 and the 

proposed dust-lead rulemaking in 

impacting NLLAP laboratories, as well 

as conducted outreach to obtain a better 

understanding of laboratories’ capability 

and capacity for dust wipe testing. For 

the final LQSR 4.0, EPA is finalizing an 

effective date of 425 days after the date 

of publication of the document 

announcing the final LQSR 4.0 in the 

Federal Register. This effective date is 

intended to provide a reasonable 

amount of time for NLLAP-recognized 

laboratories to take actions to meet the 

standards in the final LQSR 4 so they 

can continue providing dust wipe 

testing services to the regulated 

community without any significant 

disruption in service. In the meantime, 

in order to be recognized by the NLLAP, 

laboratories and accreditation 

organizations that currently administer 

the NLLAP may comply with the 

standards of LQSR 3.0 or LQSR 4.0. 


khammond on DSKJM1Z7X2PROD with NOTICES
84578 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices 

C. Sampling Criteria 

One accrediting body (EPA–HQ– 

OPPT–2023–0456–0006) suggested that 

the EPA consider adopting the criteria 

for Field Sampling and Measurement 

Organizations (FSMOs) and the 

oversight of FSMOs from the NELAC 

Institute (TNI) Field Sampling and 

Measurement Organization Sector 

‘‘Volume 1 General Requirements for 

Field Sampling and Measurement 

Organizations’’ and ‘‘Volume 2 General 

Requirements for Accreditation Bodies 

Accrediting Field Sampling and 

Measurement Organizations’’ as a way 

to reduce uncertainty of results due to 

the quality of the samples. EPA 

accepted this suggestion by adding a 

recommended reference to NELAC 

Institute (TNI) Field Sampling and 

Measurement Organization Standards 

‘‘Volume 1: General Requirements for 

Field Sampling and Measurement 

Organizations’’. EPA did not include 

reference to ‘‘Volume 2: General 

Requirements for Accreditation Bodies 

Accrediting Field Sampling and 

Measurement Organizations’’ because 

EPA determined that volume was out of 

scope for the LQSR 4.0 due to its focus 

on accreditation bodies instead of 

laboratories. 

In reference to clearance testing on 

floors (as discussed in 40 CFR 

745.227(e)), one commenter (EPA–HQ– 

OPPT–2023–0456–0003) recommended 

compositing of four wipe samples from 

each floor to assure that clearance 

failure, if present, is determined. The 

commenter stated that clearance should 

be performed in conformance with 

Practices E2271/E2271M and E3074/ 

E3074M with method quantitation 

limits (MQLs) determined for the 

resulting composited wipe samples. 

While HUD and EPA regulations allow 

composite sampling, HUD’s ‘‘Guidelines 

for the Evaluation and Control of LeadBased Paint Hazards in Housing’’ 

generally do not encourage composite 

sampling and most laboratories 

discourage their clients from submitting 

composite dust-wipe samples. EPA is 

not finalizing amendments to the LQSR 

4.0 which would compel risk assessors 

to take composite samples, including 

how either single surface or composite 

samples are collected, analyzed, or 

interpreted. This same commenter 

(EPA–HQ–OPPT–2023–0456–0003) 

requested EPA modify the Glossary term 

for ‘‘Composite sample’’ from ‘‘A 

sample composed as a result of 

collection of more than one sample of 

the same medium (e.g., dust) from the 

same type of surface (e.g., floor, interior 

window sill, or window trough) so that 

multiple samples can be analyzed as a 

single sample’’ to ‘‘the single sample 

resulting from the combination of 

individual samples collected from 

different sections of the same area.’’ For 

reasons previously mentioned, EPA is 

not finalizing this recommended 

change. 

This same commenter (EPA–HQ– 

OPPT–2023–0456–0003) provided edits 

to section 5.6.1.4 Sample Custody 

Procedures of the draft LQSR 4.0, which 

would change the chain of custody 

protocols from ‘‘strongly recommended’’ 

to ‘‘must conform to ASTM D4840,’’ 

stating handling needs to be ‘‘beyond 

doubt.’’ EPA reviewed ASTM D4840 

and has adapted language from it to 

modify this section to state that chain of 

custody protocols shall ‘‘provide 

sufficient assurances, both legal and 

technical, that assertions made about a 

sample and its measurable 

characteristics can be supported to an 

acceptable level of certainty.’’ 

Lastly, two commenters (EPA–HQ– 

OPPT–2023–0456–0003, EPA–HQ– 

OPPT–2023–0456–0005) suggested EPA 

define ELPAT as ‘‘ELPAT: 

Environmental Lead Proficiency 

Analytical Testing (ELPAT) Program 

operated by AIHA Proficiency 

Analytical Testing Programs (AIHA 

PATP).’’ Successful participation in this 

proficiency testing program on a 

quarterly basis is required for all 

laboratories recognized by EPA in the 

NLLAP.’’ EPA accepted this suggested 

edit. 

D. Referencing Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) 

requires federal agencies to use 

technical standards already developed 

or adopted by voluntary consensus 

standards bodies if compliance would 

not be inconsistent with applicable law 

or otherwise impracticable. The current 

LQSR guidance (LQSR 3.0), refers to a 

now outdated 2005 version of a 

laboratory quality standard, 

International Organization for 

Standardization and International 

Electrochemical Commission (ISO/IEC) 

Standard 17025: 2005 (E) ’’General 

requirements for the competence of 

testing and calibration laboratories’’. In 

addition, there are other laboratory 

standards in LQSR 3.0 that are already 

in practice by NLLAP participating 

laboratories and directly related to 

laboratory lead analysis, making parts of 

the elements in LQSR 3.0 duplicative. 

Therefore, EPA proposed to streamline 

the LQSR by conforming and 

referencing the updated ISO 17025: 

2017 (E) and ASTM E1583–21a. OPPT 

has reviewed the updated laboratory 

standards and identified any gaps or 

areas where additional clarification or 

criteria are needed between ISO 17025: 

2017 and ASTM E1583–21a and the 

proposed LQSR 4.0. These additional 

clarifications or criteria are included 

throughout the proposed draft. 

One commenter (EPA–HQ–OPPT– 

2023–0456–0003) suggested that LQSR 

4.0 simply state the requirement that the 

laboratory be accredited as conforming 

to ISO/IEC 17025 and ASTM E1583 as 

the main prerequisite to recognition. 

The commenter notes that EPA refers to 

the standards as ‘‘ISO/IEC 

17025:2017(E)’’ and recommends 

instead ‘‘ISO/IEC 17025’’ for 

simplicity’s sake. Similarly, the 

reference to the current ASTM Standard 

may show the fact that it is an ASTM 

Standard (i.e., ASTM E1583) or, if 

previously discussed, show as the 

alpha-numeric designator of the 

Standard (i.e., E1583). EPA thanks the 

commenter for their suggestions and has 

made these edits in the final LQSR 4.0. 

This commenter (EPA–HQ–OPPT– 

2023–0456–0003) also provided a 

number of editorial comments to 

alleviate confusion over which sections 

of the standards do not or may not 

apply. The commenter (EPA–HQ– 

OPPT–2023–0456–0003) recommended 

that EPA remove references to specific 

sections of ISO/IEC 17025 or ASTM 

E1583 stating that both ISO/IEC 17025 

and E1583 are normative references, and 

both require conformance, and that 

further citation to specific sections 

could falsely seem to suggest that other 

sections of the standards do not or may 

not apply. EPA accepted those edits 

throughout the final LQSR 4.0. The 

commenter (EPA–HQ–OPPT–2023– 

0456–0003) also provided a number of 

other relevant standards for EPA to 

consider for future actions. EPA 

appreciates the references and will 

consider these in future actions affecting 

NLLAP laboratories. 

Authority: 15 U.S.C. 2601 et seq. 

Dated: October 18, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2024–24558 Filed 10–22–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2024–0057; FRL–11683– 

09–OCSPP] 

Certain New Chemicals; Receipt and 

Status Information for September 2024 

AGENCY: Environmental Protection 

Agency (EPA). 


khammond on DSKJM1Z7X2PROD with NOTICES