[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Rules and Regulations]
[Pages 20444-20446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08789]


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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.

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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: <a href="/cdn-cgi/l/email-protection#9ffafbf2f0f1fbecb1f2feedfcdffaeffeb1f8f0e9"><span class="__cf_email__" data-cfemail="bdd8d9d0d2d3d9ce93d0dccfdefdd8cddc93dad2cb">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#c89c9b8b89e580a7bca4a1a6ad88adb8a9e6afa7be"><span class="__cf_email__" data-cfemail="9ecacddddfb3d6f1eaf2f7f0fbdefbeeffb0f9f1e8">[email protected]</span></a>.

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:
    <bullet> Building construction (NAICS code 236), e.g., single-
family housing construction, multi-family housing construction, 
residential remodelers.
    <bullet> 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.
    <bullet> Real estate (NAICS code 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
    <bullet> Child day care services (NAICS code 624410).
    <bullet> Elementary and secondary schools (NAICS code 611110), 
e.g., elementary schools with kindergarten classrooms.
    <bullet> 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,

[[Page 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

[[Page 20446]]

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]

0
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.


0
2. In Sec.  745.90, revise paragraph (a)(4) to read as follows:


Sec.  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 Sec.  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 re-take 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


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