[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6383-6386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2793]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-RCRA-2009-1018; FRL-9110-3]


Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied 
Facilities; State of Wisconsin Notice of Self-Certification 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.

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SUMMARY: This notice announces that on October 20, 2009, the State of 
Wisconsin was deemed authorized under section 404(a) of the Toxic 
Substances Control Act (TSCA), 15 U.S.C. 2684(a), 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, 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 Wisconsin programs are at least as protective 
as the federal programs and provide for adequate enforcement. This 
notice also announces that the authorization of the Wisconsin 402(c)(3) 
and 406(b) programs, which were deemed authorized by regulation and 
statute on October 20, 2009, 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 Wisconsin program 
applications on or before April 19, 2010.

DATES: Comments, identified by docket control number EPA-R05-RCRA-2009-
1018, must be received on or before March 26, 2010. In addition, a 
public hearing request must be submitted on or before February 24, 
2010.

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 
imperative that you identify docket control number EPA-R05-RCRA-2009-
1018 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Marlyse Wiebenga, Technical Contact, 
LCD, Toxics Section, United States Environmental Protection Agency, 77 
W. Jackson Blvd., Mail Code LC-8J, Chicago, IL 60604, telephone number: 
(312) 886-4377; e-mail address: <a href="/cdn-cgi/l/email-protection#c5b2aca0a7a0aba2a4eba8a4b7a9bcb6a085a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="95e2fcf0f7f0fbf2f4bbf8f4e7f9ece6f0d5f0e5f4bbf2fae3">[email protected]</span></a>.

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 in 
the State of Wisconsin. 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 in this notice 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: you may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document select ``Laws and Regulations,'' ``Regulations 
and Proposed Rules,'' and then look up the entry for this document 
under the ``Federal Register-Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person: you may read this document, and certain other related 
documents, by visiting the Wisconsin Department of Health Services, 1 
West Wilson St., 1st floor, Room 137, Madison, WI, 53703, contact 
person, Shelley Bruce, phone number (608) 261-6876. You may also read 
this document, and certain other related documents, by visiting the 
United States Environmental Protection Agency, 77 W. Jackson Blvd., 
Chicago, IL. You should arrange your visit to the EPA office by 
contacting the technical person listed under FOR FURTHER INFORMATION 
CONTACT. Also, EPA has established an

[[Page 6384]]

official record for this action under docket control number EPA-R05-
RCRA-2009-1018. The official record consists of the documents 
specifically referenced in this action, this notice, the State of 
Wisconsin 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, including any information claimed 
as Confidential Business Information (CBI).

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 imperative that 
you identify docket control number EPA-R05-RCRA-2009-1018 in the 
subject line on the first page of your response.
    1. By mail: Submit your comments and hearing requests to: Marlyse 
Wiebenga, Technical Contact, LCD, Toxics Section, U.S. Environmental 
Protection Agency, 77 W. Jackson Blvd., Mail Code LC-8J, Chicago, IL 
60604.
    2. By person or courier: Deliver your comments and hearing requests 
to: U.S. Environmental Protection Agency, LCD, Toxics Section, floor 8 
receptionist, 77 W. Jackson Blvd., Chicago, IL 60604. The Regional 
office is open from 8 a.m. to 5 p.m., Monday through Friday, excluding 
legal holidays. The phone number for the regional office is (312) 886-
6003.
    3. Electronically: You may submit your comments and hearing 
requests electronically by e-mail to: <a href="/cdn-cgi/l/email-protection#9ee9f7fbfcfbf0f9ffb0f3ffecf2e7edfbdefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="2156484443444f46400f4c40534d585244614451400f464e57">[email protected]</span></a> or mail 
your computer disk to the address identified above. Do not submit any 
information electronically that you consider to be 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.

D. How Should I Handle CBI Information That I Want To Submit to the 
Agency?

    Do not submit this information to EPA through 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.

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 October 20, 2009, the State of Wisconsin 
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 October 20, 2009, Wisconsin 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 Wisconsin 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 Wisconsin 402(c)(3) and 406(b) programs, which were deemed 
authorized by regulation and statute on October 20, 2009, 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 Wisconsin program applications on or before April 19, 2010.

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,

[[Page 6385]]

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 pre-renovation 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 pre-renovation 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). 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 Wisconsin's self-
certification application:

Scope of Rules

    Chapter DHS 163, Wisconsin Administrative Code, was promulgated by 
the Department of Health Services (Department) under the authority of 
ch. 254, Wisconsin Statutes, 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 rule 
requires a person to be Department-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.
    Revisions to ch. DHS 163 have 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 Department's lead program regulates the following lead-based paint 
activities in target housing and child-occupied facilities built before 
1978:
    <bullet> Pre-renovation information distribution and renovation 
activities conducted for compensation.
    <bullet> Lead hazard reduction, including abatement and ordered 
lead remediation.
    <bullet> Lead investigation, including dust, paint, soil sampling 
and onsite testing; clearance, inspection, hazard screen, risk 
assessment and elevated blood lead investigation activities.

Applicability to Renovations

    The PRE and RRP provisions are described in detail at DHS 163, 
Subchapter II. These rules apply to renovations performed for 
compensation in target housing and child-occupied facilities, except 
when:
    <bullet> The paint involved in the renovation is determined to be 
lead-free by a certified lead inspector, risk assessor or hazard 
investigator or by a certified renovator using a Wisconsin-recognized 
test kit.
    <bullet> The work is minor repair or maintenance.
    <bullet> The work is renovation not performed for compensation and 
no other conditions requiring certification exist.
    <bullet> 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 detail at DHS 163, 
Subchapter III. A person wishing to offer a course leading to 
certification, including lead-safe renovation and lead sampling initial 
or refresher courses, must submit a complete application with course 
materials and fee to the Department. The course must cover all 
curriculum requirements identified in Subchapter III. Initial 
contingent accreditation lasts for 2 years during which time the 
Department will conduct onsite course audits to determine if the 
course, as held, meets and complies with all course requirements. 
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 DHS 163.14(10). 
Renovation companies must:
    <bullet> 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.
    <bullet> Obtain signature acknowledging receipt of pamphlet, or 
other proof of delivery.
    <bullet> Post information in child-occupied facilities and multi-
family housing.

Renovation, Repair and Painting Requirements

Certified Company Requirements
    DHS 163.10 to 163.12 describes requirements for certification. 
Companies must be Department-certified and assign a Department-
certified lead-safe renovator to each renovation. To become certified, 
a company must submit an application and pay a fee for a 2-year 
certification. Companies must:

[[Page 6386]]

    <bullet> Assign a certified lead-safe renovator to oversee each 
renovation project.
    <bullet> Use only a certified renovator and certified renovator-
trained workers to perform renovations.
    <bullet> Ensure the use of lead-safe work practices and that 
prohibited practices are not used.
    <bullet> Meet the pre-renovation education requirements.
    <bullet> Create and maintain required records.

Certified Renovator Requirements

    Certified renovator responsibilities are described at DHS 163.13 
and 163.14(11). To be certified as a lead-safe renovator, an individual 
must complete a one-day lead-safe renovation course and apply with fee 
to the Department for a 2-year certification. Certified renovators 
must:
    <bullet> Provide training to untrained workers on the lead-safe 
work practices to be used.
    <bullet> Be onsite to conduct or oversee posting of signs, 
containment setup, and final cleaning.
    <bullet> Be onsite regularly to direct and ensure ongoing 
maintenance of containment barriers and use of lead-safe work 
practices.
    <bullet> Be available on-site during work or by telephone to return 
immediately to the worksite.
    <bullet> Be in possession of a valid, unexpired certification card 
when at the jobsite.
    <bullet> Personally conduct the post-renovation cleaning 
verification.
    <bullet> Prepare required renovation records.

Certified Lead Sampling Technician Requirements

    Lead sampling technician activities and responsibilities are 
described at DHS 163.13 and 163.14(5). Lead sampling technicians may 
conduct clearance after renovation, but not lead abatement. A lead 
sampling technician must complete a one-day lead sampling course and 
apply with fee for a 2-year certification. Sampling technicians must:
    <bullet> Complete clearance requirements, including collect and 
send dust-wipe samples to a recognized lab.
    <bullet> Interpret laboratory results and prepare a clearance 
report for the contractor and owner.
    <bullet> Be in possession of a valid, unexpired certification card 
when conducting regulated work.

Renovation Work Practice Requirements

    Renovation work practices are described at DHS 163.14(11). Workers 
must follow documented methodologies to protect occupants from lead 
hazards created during renovations, including:
    <bullet> Posting warning signs, containing work areas, protecting 
furnishings and cleaning.
    <bullet> Prohibitions on using certain dangerous work practices, 
including: open-flame burning or torching, operating a heat gun over 
1100[deg] F, using a chemical paint stripper with methylene chloride, 
using a high speed machine to remove paint without a HEPA-filtered 
exhaust system, high-pressure water blasting without HEPA-filtered 
exhaust control and a water collection system, using an improperly 
operating HEPA vacuum, and dry sweeping in the work area.
    <bullet> Proper handling and transporting of waste.
    <bullet> Final visual inspection and post renovation cleaning 
verification using prescribed protocol.

Renovation Recordkeeping Requirements

    Recordkeeping requirements for renovations are described in detail 
at DHS 163.13(3). The renovation company must maintain records of its 
regulated activities for 3 years, including:
    <bullet> Any paint testing results.
    <bullet> Copies of signed pamphlet acknowledgements forms or other 
documentation of delivery.
    <bullet> Documentation and certification that renovation 
requirements were followed.
    <bullet> 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 pre-renovation 
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 EPA will follow for the withdrawal of an 
authorization are found at 40 CFR 745.324(i).

List of Subjects

    Environmental protection, State of Wisconsin, Hazardous substances, 
Lead, Renovation, Renovation work practice standards, Renovation 
training, Renovation certification, Renovation notification, Reporting 
and recordkeeping requirements.

    Dated: January 27, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-2793 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P


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