Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79335 

the requirements of the APA, and are, 

therefore, not subject to the UMRA. 

Authority: This action is taken under the 

authority of Section 402 of the Clean Water 

Act as amended, 42 U.S.C. 1342. I hereby 

provide public notice of the Draft General 

Permit for Federal Aquaculture Facilities and 

Aquaculture Facilities Located in Indian 

Country within the Boundaries of 

Washington State in accordance with 40 CFR 

124.10. 

Dated: December 14, 2015. 

Daniel D. Opalski, 

Director, Office of Water and Watersheds, 

Region 10. 

[FR Doc. 2015–32026 Filed 12–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2015–0780; FRL–9939–68] 

Lead; Renovation, Repair and Painting 

Program; Lead Test Kit; Notice of 

Opening of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is opening a comment 

period to allow for further public 

comment on lead test kits and other 

field testing options as suggested in 

EPA’s Fiscal Year 2015 Appropriations 

Act policy rider. Among other things, 

the 2008 Lead Renovation, Repair, and 

Painting rule (RRP) established 

performance recognition criteria for lead 

test kits for use as an option to 

determine if regulated lead-based paint 

is not present in target housing and 

child-occupied facilities. The use of an 

EPA-recognized lead test kit, when used 

by a trained professional, can reliably 

determine that regulated lead-based 

paint is not present by virtue of a 

negative result. The RRP rule also 

established negative response and 

positive response criteria for lead test 

kits recognized by EPA. No lead test kit 

has been developed that meets the 

positive response criterion. On June 4, 

2015, EPA hosted a public meeting and 

webinar to solicit input from 

stakeholders in an effort to understand 

the current state of the science for lead 

test kits and lead-based paint field 

testing alternatives, as well as the 

existing market and potential 

availability of additional lead test kits. 

To date, no company’s lead test kit has 

met both the negative response and 

positive response criteria outlined in the 

RRP rule. Based on stakeholder input, 

EPA is unaware of any lead test kit 

available now or in the foreseeable 

future that would meet both of the 

performance criteria. 

DATES: Comments must be received on 

or before February 19, 2016. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2015–0780, 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. The docket for 

this action will remain open until 

February 19, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: 

The Agency’s lead information 

Contact Us form at http://www2.epa.

gov/lead/forms/contact-us or visit 

www2.epa.gov/lead. You may also 

contact Toiya Goodlow, National 

Program Chemicals Division (7404M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 566–2305; email address: 

goodlow.toiya@epa.gov. 

For general information contact: The 

National Lead Information Center, 

ABVI-Goodwill, 422 South Clinton 

Ave., Rochester, NY 14620; telephone 

number: 1–800–424–LEAD (5323); 

online information request form: http:// 

www2.epa.gov/lead/forms/lead-hotlinenational-lead-information-center. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This document is directed to 

stakeholders that develop, manufacture 

and/or sell lead test kits or other leadbased paint field testing instruments. 

You may be potentially affected by this 

action if you manufacture or sell lead 

test kits, or if you use lead test kits to 

determine if lead-safe work practices are 

required under the RRP rule to perform 

renovations for compensation in target 

housing or child-occupied facilities. 

Examples of child-occupied facilities 

are day-care centers, preschools, and 

kindergarten classrooms. 

B. 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 preparing and submitting your 

comments, see the commenting tips at 

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

comments.html. 

II. What action is the Agency taking? 

On April 22, 2008, EPA published the 

Lead Renovation, Repair, and Painting 

rule. It requires contractors to use leadsafe work practices during renovation, 

repair, and painting activities that 

disturb lead-based paint in target 

housing and child-occupied facilities 

built before 1978 unless a determination 

can be made that no lead-based paint 

would be disturbed during the 

renovation or repair (Ref. 1). The use of 

an EPA-recognized lead test kit, when 

used by a trained professional, can 

reliably determine that regulated leadbased paint is not present by virtue of 

a negative result. The federal standards 

for lead-based paint in target housing 

and child-occupied facilities is a lead 

content in paint that equals or exceeds 

a level of 1.0 milligram per square 

centimeter (mg/cm2) or 0.5 percent by 

weight. If regulated lead-based paint is 

not present, there is no requirement to 

employ lead-safe work practices under 

the RRP rule. 

The RRP rule established negative 

response and positive response criteria 

outlined in 40 CFR 745.88(c) for lead 

test kits recognized by EPA. Lead test 

kits recognized before September 1, 

2010, must meet only the negative 

response criterion outlined in 40 CFR 

745.88(c)(1). The negative response 

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79336 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 

criterion states that for paint containing 

lead at or above the regulated level, 1.0 

mg/cm2 or 0.5% by weight, a 

demonstrated probability (with 95% 

confidence) of a negative response less 

than or equal to 5% of the time must be 

met. The recognition of kits that meet 

only this criterion will last until EPA 

publicizes its recognition of the first 

lead test kit that meets both the negative 

and positive response criteria outlined 

in the rule. 

Lead test kits recognized after 

September 1, 2010, must meet both the 

negative response and positive response 

criteria outlined in 40 CFR 745.88(c)(1) 

and (2). The positive response criterion 

states that for paint containing lead 

below the regulated level, 1.0 mg/cm2 or 

0.5% by weight, a demonstrated 

probability (with 95% confidence) of a 

positive response less than or equal to 

10% of the time must be met. 

Qualitatively speaking, lead test kits 

recognized by EPA should also serve as 

a quick, inexpensive, reliable, and easy 

to perform option for lead-based paint 

testing in the field. 

To date no lead test kit has met both 

of the performance criteria outlined in 

the RRP rule. However, there are two 

EPA-recognized lead test kits 

commercially available nationwide that 

meet the negative response criterion and 

continue to be recognized by EPA on 

such basis. 

The report accompanying the EPA 

Fiscal Year 2015 Appropriations Act 

included a policy rider that states: 

Lead Test Kit-In 2008, EPA adopted the 

Lead Renovation, Repair, and Painting rule 

which included criteria by which the Agency 

could certify a test kit that contractors could 

use onsite to comply with the rule; yet, 6 

years later no kit has been developed that 

meet these standards. The Agency is directed 

to prioritize efforts with stakeholders in fiscal 

year 2015 to identity solutions that would 

allow for a test kit to meet the criteria within 

the 2008 rule to reduce costs for consumers, 

remodelers and families to comply with the 

rule. If no solution is reached by the end of 

the fiscal year, EPA should revisit the test kit 

criteria in the 2008 rule and solicit public 

comment on alternatives (Ref. 2). 

In response, EPA solicited input from 

stakeholders in an effort to understand 

the current state of the science for lead 

test kits and lead-based paint field 

testing alternatives, as well as the 

existing market and potential 

availability of additional lead test kits 

(Ref. 3). On June 4, 2015, EPA hosted a 

public meeting and webinar with 

stakeholders including lead test kit 

developers and manufacturers, nongovernmental organizations, trade 

associations, National Lead Laboratory 

Accreditation Program (NLLAP) 

accreditation organizations and 

laboratories, and state and federal 

government staff members. Ninety-five 

people participated in the meeting and 

12 public comments were submitted to 

the public docket. EPA also held three 

individual meetings with lead test kit 

developers and trade associations. 

EPA has carefully reviewed the 

comments and recommendations 

received through these stakeholder 

outreach efforts. Stakeholders provided 

comments on the following topics: lead 

test kits, X-Ray Fluorescence (XRF) 

testing, limiting the scope of the RRP 

rule, NLLAP testing, the lead-based 

paint definition, EPA’s Environmental 

Technology Verification (ETV) Program, 

the economic analysis supporting the 

RRP rule, and harmonization of 

regulatory standards. Based on 

stakeholder input, EPA is unaware of 

any lead test kit available now or in the 

foreseeable future that would meet both 

the positive response and negative 

response criteria. EPA concluded that 

no recommendation received thus far 

would provide an immediate solution to 

allow for a lead test kit that would meet 

both of the performance criteria and 

have the potential to ‘‘reduce costs for 

consumers, remodelers and families,’’ 

per the EPA Fiscal Year 2015 

Appropriations Act policy rider. 

At this time, EPA has no plans or 

resources to sponsor additional testing 

of kits as was done previously through 

the agency’s ETV Program. However, 

lead test kit manufacturers are allowed 

at any time to submit to EPA data on 

their kit’s performance that is based on 

an EPA approved ETV-equivalent test 

protocol. If a newly-developed lead test 

kit is shown to meet both the positive 

response and negative response criteria, 

EPA would recognize the lead test kit as 

meeting both criteria under 40 CFR 

745.88(c). 

Given this current status and the 

input received from stakeholders, EPA 

is opening a comment period to allow 

for further public comment on lead test 

kits and other field testing options as 

suggested in EPA Fiscal Year 2015 

Appropriations Act policy rider. 

Without proposing any regulatory 

amendments at this time, EPA is 

specifically soliciting comment on the 

following potential lead test kit and 

field testing options: 

• Proposing to eliminate the positive 

response criterion; 

• Proposing to modify the positive 

response criterion; 

• Maintaining the current negative 

response and positive response criteria; 

• Proposing to provide reduced RRP 

certification training requirements for 

XRF technicians; and 

• Exploring any other lead-based 

paint field testing technology that 

would provide reduced costs for 

consumers, remodelers and families to 

comply with the RRP rule. 

Commenters should provide technical 

information and data used to 

substantiate your recommendation. See 

the commenting tips at http://www2.

epa.gov/dockets/commenting-epadockets#tips for further information on 

preparing and submitting comments. 

Comments must be received on or 

before February 19, 2016. 

Additionally and separately, EPA will 

provide a subsequent opportunity to 

provide public comment through the 

Regulatory Flexibility Act, section 610, 

review of the RRP rule. Public 

comments requested at that time will be 

related to broader stakeholder 

recommendations regarding the RRP 

rule. For more information about the 

Regulatory Flexibility Act, section 610, 

reviews, please visit http://www2.epa.

gov/reg-flex/section-610-reviews. 

III. References 

As indicated under ADDRESSES, a 

docket has been established for this 

notice under docket ID number EPA– 

HQ–OPPT–2015–0780. 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. EPA. Lead; Renovation, Repair, and 

Painting Program; Final Rule, Federal 

Register, April 22, 2008 (73 FR 21692) 

(FRL–8355–7). 

2. 160 Cong. Rec. H9,307, H9,767 (daily ed. 

Dec. 11, 2014) (Explanatory Statement 

Submitted by Mr. Rogers of Kentucky, 

Chairman of the House Committee on 

Appropriations regarding the House 

Amendment to the Senate Amendment 

on H.R. 83) (mentioning lead test kits). 

3. EPA. Lead; Renovation, Repair and 

Painting Program; Lead Test Kit 

Stakeholder Meeting; Notice of Public 

Meeting. Federal Register, May 14, 2015 

(80 FR 27621) (FRL–9927–40). 

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

Dated: December 14, 2015. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2015–31994 Filed 12–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

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