[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34257-34262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16814]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-8422-7]
RIN 2070-AJ48


Lead; Minor Amendments to the Renovation, Repair, and Painting 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is issuing a final rule making two minor revisions to the 
final Lead Renovation, Repair, and Painting Program (RRP) rule that 
published in the Federal Register on April 22, 2008. First, this final 
rule requires accredited providers of renovator or dust sampling 
technician training to submit post-course notifications, including 
digital photographs of each successful trainee, to EPA. The 2008 rule 
establishes accreditation, training, certification, and recordkeeping 
requirements as well as work practice standards on persons performing 
renovations for compensation in most pre-1978 housing and child-
occupied facilities. The post-course notification requirement, designed 
to supply important information for EPA's compliance monitoring 
efforts, was inadvertently omitted from the final RRP rule's regulatory 
text. In addition, this final rule removes the requirement for 
accredited lead-based paint activities training providers--those who 
provide inspector, risk assessor, project designer, and abatement 
supervisor and worker training--to submit to EPA a digital photograph 
of each successful trainee along with their post-course notifications. 
That requirement, inadvertently imposed as part of the final RRP rule, 
is unnecessary because EPA already receives photographs of these 
individuals through other means.

DATES: This final rule is effective July 15, 2009.

[[Page 34258]]


ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2005-0049. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation 
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. The telephone number of the EPA/DC Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: <a href="/cdn-cgi/l/email-protection#683c3b2b294520071c0401060d280d1809460f071e"><span class="__cf_email__" data-cfemail="a4f0f7e7e589eccbd0c8cdcac1e4c1d4c58ac3cbd2">[email protected]</span></a>.
     For technical information contact: Cindy Wheeler, National Program 
Chemicals Division, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0484; e-mail 
address: <a href="/cdn-cgi/l/email-protection#36415e53535a534418555f58524f7653465718515940"><span class="__cf_email__" data-cfemail="73041b16161f16015d101a1d170a331603125d141c05">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you provide or 
plan to provide training in lead-safe building renovation work 
practices or training for dust sampling technicians. Potentially 
affected entities may include, but are not limited to:
    <bullet> Other technical and trade schools (NAICS code 611519), 
e.g., training providers.
    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 unit could also be 
affected. The North American Industrial Classification System (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.

II. What Action is the Agency Taking?

A. Introduction

    In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), under the authority of sections 402(c)(3), 404, 406, and 407 of the 
Toxic Substances Control Act (TSCA), EPA issued its final RRP rule 
(Ref. 1). The final RRP rule, codified in 40 CFR part 745, subparts E, 
L, and Q, addresses lead-based paint hazards created by renovation, 
repair, and painting activities that disturb lead-based paint in target 
housing and child-occupied facilities.
    ``Target housing'' is defined in TSCA section 401 as any housing 
constructed before 1978, except housing for the elderly or persons with 
disabilities (unless any child under age 6 resides or is expected to 
reside in such housing) or any 0-bedroom dwelling. The final RRP rule 
defines a ``child-occupied facility'' as a building, or a portion of a 
building, constructed prior to 1978, visited regularly by the same 
child, under 6 years of age, on at least 2 different days within any 
week (Sunday through Saturday period), provided that each day's visit 
lasts at least 3 hours and the combined weekly visits last at least 6 
hours, and the combined annual visits last at least 60 hours. Child-
occupied facilities may be located in public or commercial buildings or 
in target housing.
    The final RRP rule establishes requirements for training 
renovators, other renovation workers, and dust sampling technicians; 
for certifying renovators, dust sampling technicians, and renovation 
firms; for accrediting providers of renovation and dust sampling 
technician training; for renovation work practices; and for 
recordkeeping. Interested States, Territories, and Indian Tribes may 
apply for and receive authorization to administer and enforce all of 
the elements of the new renovation requirements. More information on 
the final RRP rule may be found in the Federal Register document 
announcing the final RRP rule (Ref. 1) or on EPA's website at http://www.epa.gov/lead/ pubs/renovation.htm.
    Many provisions of the final RRP rule were derived from the 
existing lead-based paint activities regulations at 40 CFR part 745, 
subpart L (Ref. 2). These existing regulations were promulgated in 1996 
under TSCA section 402(a), which defines lead-based paint activities in 
target housing as inspections, risk assessments, and abatements. The 
1996 regulations cover lead-based paint activities in target housing 
and child-occupied facilities, along with limited screening activities 
called lead hazard screens. These regulations established an 
accreditation program for training providers and a certification 
program for individuals and firms performing these activities. Training 
course accreditation and individual certification was made available in 
five disciplines: Inspector, risk assessor, project designer, abatement 
supervisor, and abatement worker. In addition, these lead-based paint 
activities regulations established work practice standards and 
recordkeeping requirements for lead-based paint activities in target 
housing and child-occupied facilities.
    A 2004 amendment to the lead-based paint activities regulations 
established notification procedures for certified professionals 
conducting lead-based paint abatement activities, and accredited 
training programs providing lead-based paint activities courses (Ref. 
3). Since the effective date of the 2004 amendment, accredited training 
programs have been required to notify EPA before providing initial or 
refresher lead-based paint activities training courses and again 
following completion of these training courses. Both notifications must 
include information about the course, while the post-course 
notification also must include identifying information on the 
successful trainees. These notification requirements were designed to 
facilitate compliance monitoring by EPA.
    The final RRP rule created two new training disciplines in the 
field of lead-based paint: Renovator and dust sampling technician. 
Persons who successfully complete renovator training from an accredited 
training provider are certified renovators, who are responsible for 
ensuring that renovations to which they are assigned are performed in 
compliance with the work practice requirements set out in 40 CFR 
745.85. Persons who successfully

[[Page 34259]]

complete dust sampling technician training from an accredited training 
provider are certified dust sampling technicians, who may be called 
upon to collect optional dust samples after renovations have been 
completed.
    While the training disciplines, the work practice standards, and 
the recordkeeping requirements of the final RRP rule differ from those 
established in the lead-based paint activities regulations, EPA 
determined that the accreditation requirements imposed on persons 
providing lead-based paint activities training would also be effective 
for persons providing renovation training. Therefore, the final RRP 
rule amended 40 CFR 745.225 to cover persons who provide or wish to 
provide renovation training for the purposes of the final RRP rule.
    As amended by the final RRP rule, 40 CFR 745.225 requires training 
providers who wish to provide lead-based paint activities or renovation 
training for the purposes of EPA's lead-based paint programs to be 
accredited by EPA. The requirements for each course of study are 
described in detail at 40 CFR 745.225 as are the operational 
requirements for training programs and the process for obtaining 
accreditation.
    As EPA began the process of implementing the final RRP rule, EPA 
discovered several minor omissions from the regulatory text. Because 
these omissions could have an impact on EPA's ability to monitor 
compliance with the RRP rule provisions, EPA issued a proposal (the 
``2009 Proposal'') on April 22, 2009 (74 FR 18330) (FRL-8405-3) to 
amend the final RRP rule to address these omissions (Ref. 4). EPA 
received one public comment on the proposal.
    The commenter was generally supportive of this action, while 
suggesting other changes that EPA should consider for the RRP program. 
The commenter expressed concerns about the overall emphasis on 
administration requirements which, according to the commenter, merely 
indirectly addressed environmental and health issues. Specifically, the 
commenter made the following suggestions: (1) Reduce the size of the 
photographic identification cards and require more resilient cards; (2) 
develop a tiered system of on-the-job training to easily verify the 
level of training or experience each worker has had; (3) clarify rules 
designed to protect workers from a increased risk of lead exposure; (4) 
require a certified renovator to report homes that house children or 
pregnant woman and that have not gone through lead-based paint 
abatement procedures; and (5) impose stricter penalties for non-
compliance. These comments addressed issues beyond the scope of this 
rulemaking. EPA's detailed response to the commenter's suggestions and 
questions can be found in the rulemaking docket for this action (Ref. 
5).

B. This Final Rule

    This final rule makes two minor amendments to the final RRP rule. 
These amendments affect the notification requirements for accredited 
providers of renovation and lead-based paint activities training.
    1. Post-course notifications. As discussed in the preamble to the 
2009 Proposal, the regulatory text of the final RRP rule inadvertently 
omitted a requirement for accredited providers of renovation training 
to provide notification to EPA after each training course the provider 
delivers (Ref. 4). This final rule amends 40 CFR 745.225(c)(14) to 
require post-course notifications from accredited providers of 
renovator or dust sampling technician training. This amendment also 
includes conforming changes to 40 CFR 745.225(c)(14)(iii) to include 
the correct name of the sample post-course notification form and to 
make it clear that all methods of post-course notification are 
available to both renovation training providers and lead-based paint 
activities training providers. As amended, 40 CFR 745.225(c)(14) now 
requires renovation training providers to notify EPA, no later than 10 
business days following course completion. This notification must 
include the training provider's name, address, and accreditation 
number; the course discipline and type; the date the course was 
provided and, for each student, the name, address, date of birth, 
course completion certificate number, course test score, and a digital 
photograph of the student. The notification must be signed by the 
training manager.
    2. Digital photographs of lead-based paint activities trainees. The 
final RRP rule amended 40 CFR 745.225(c)(14) to require training 
providers to submit digital photographs of each student as part of 
their post-course notifications. As discussed in the 2009 Proposal, 
language limiting the requirement to accredited providers of renovator 
or dust sampling technician training courses was inadvertently omitted 
from the final RRP rule (Ref. 4). EPA did not intend for the 
requirement to apply to accredited providers of lead-based paint 
activities (inspector, risk assessor, project designer, and abatement 
supervisor and worker) training because, as part of the individual 
certification application process, EPA already receives photographs 
from individual certification candidates at or about the time that the 
individuals complete their training. Therefore, this final rule amends 
40 CFR 745.225(c)(14)(ii)(D)(6) to limit the digital photograph 
requirement to accredited renovation training providers.

C. Effective Date

    In the 2009 Proposal, EPA proposed to make this final rule 
immediately effective to minimize the impact that these inadvertent 
omissions will have on the regulated community, the public, and the 
Agency. In the preamble to the 2009 Proposal, EPA discussed the 
potential effect of a delay in finalizing the post-course notification 
requirements, and proposed to find that, under the Administrative 
Procedure Act (APA), 5 U.S.C. 553(d)(3), good cause exists to dispense 
with the 30-day delay in the effective date of this final rule (Ref. 
4). For the reasons explained in the preamble to the proposal, EPA now 
finds good cause does exist to dispense with the 30-day delay in the 
effective date. EPA received no comment on this aspect of the proposal. 
Therefore, this final rule takes effect immediately upon publication in 
the Federal Register.



III. References

    1. EPA. Lead; Renovation, Repair, and Painting Program; Final 
Rule. Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
    2. EPA. Lead; Requirements for Lead-based Paint Activities; 
Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-
5389-9).
    3. EPA. Lead; Notification Requirements for Lead-Based Paint 
Abatement Activities and Training; Final Rule. Federal Register (69 
FR 18489, April 8, 2004) (FRL-7341-5).
    4. EPA. Lead; Minor Amendments to the Renovation, Repair, and 
Painting Program; Proposed Rule. Federal Register (74 FR 18330, 
April 22, 2009) (FRL-8405-3).
    5. EPA. Lead; Minor Amendments to the Renovation, Repair, and 
Painting Program. Response to Comments. June 2009.
    6. EPA. Information Collection Request (ICR); final rule 
addendum to an existing EPA ICR, entitled TSCA Sections 402/404 
Training and Certification, Accreditation, and Standards for Lead-
Based Paint Activities. Document ID Number EPA-HQ-OPPT-2005-0049-
0925. March 2008.
    7. EPA, Office of Pollution Prevention and Toxics (OPPT). 
Economic Analysis for the TSCA Lead Renovation, Repair, and Painting 
Program Final Rule for Target Housing and Child-Occupied Facilities. 
March 2008.
    8. EPA, OPPT. Economic Analysis for the TSCA Section 402 Lead-
Based Paint Program Accreditation and Certification Fee Rule. March 
2009.

[[Page 34260]]

    9. EPA. Lead; Renovation, Repair, and Painting Program; Proposed 
Rule. Federal Register (71 FR 1588, January 10, 2006) (FRL-7755-5).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993) it has been determined that this 
is not a ``significant regulatory action'' subject to review by the 
Office of Management and Budget (OMB). However, the costs of the 
requirement that accredited renovator and dust sampling technician 
training providers submit post-course notifications were accounted for 
in the ICR addendum prepared for the final RRP rule (Ref. 6). Those 
costs were estimated to be $347,720 in the first year that the post-
course notification requirement is in effect, $67,896 in the second 
year, and $67,489 in the third year. The costs for these providers to 
take a digital photograph of each trainee, include it in the trainee's 
course completion certificate, and forward it to EPA were estimated to 
be $2 per trainee in the economic analysis for the final RRP rule (Ref. 
7). The economic analysis for the final RRP rule also estimated that 
there would be 235,916 trainees in the first year that the 
accreditation and training requirements are in effect, 78,316 in the 
second year, and 77,995 in the third year. This results in an estimated 
cost for the digital photograph requirement of $471,832 in the first 
year, $156,632 in the second year, and $155,990 in the third year.
    The costs for accredited lead-based paint activities training 
providers to take digital photographs of successful trainees and submit 
them to EPA were not directly estimated, because EPA did not intend to 
impose this requirement. However, these costs can be calculated using 
the $2 per trainee figure along with the annual number of lead-based 
paint activities certification and re-certification applications 
received by EPA that was estimated for an economic analysis prepared 
for a separate rulemaking (Ref. 8). That economic analysis estimated 
that EPA would receive, on an annual basis, 1,534 certification 
applications and 626 re-certification applications. This results in an 
estimated annual cost for the digital photograph requirement for 
accredited lead-based paint activities training providers of $4,320. 
Because this final rule eliminates the digital photograph requirement 
for accredited lead-based paint activities training providers, this 
amount represents a cost savings.

B. Paperwork Reduction Act

    This regulatory action does not contain any information collection 
requirements that require additional approval by OMB under the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The information 
collection referenced in this final rule (i.e., the post-course 
notification requirement in 40 CFR 745.225) has already been approved 
by OMB under control number 2070-0155 (EPA ICR <greek-i> 1715.10) (Ref. 
6). EPA does not believe that this final rule has any impact on the 
existing burden estimate or collection description, such that 
additional approval by OMB is necessary.
    Burden under PRA means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, disclose 
or provide information to or for a Federal agency. This includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations codified in 40 CFR chapter I, after appearing in the 
preamble of the final rule, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the APA or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, small entity is defined in accordance with section 601 of RFA 
as:
    1. A small business as defined by the Small Business 
Administration's (SBA) regulations at 13 CFR 121.201.
    2. A small governmental jurisdiction that is a government of a 
city, county, town, school district, or special district with a 
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise which 
is independently owned and operated and is not dominant in its field.
    The impacts of the post-course notification requirement on small 
entities who become accredited to provide renovator or dust sampling 
technician training courses were specifically addressed and accounted 
for during the development of the final RRP rule. As provided for in 
section 605 of RFA, the post-course notification requirements being 
promulgated in this final rule are so closely related to the final RRP 
rule that EPA considers them and the analysis prepared and the other 
actions taken by EPA in connection with the final RRP rule to be one 
rule for the purposes of sections 603 and 604 of RFA. Accordingly, in 
order to avoid duplicative action, EPA is relying on the analysis EPA 
prepared for the final RRP rule as well as the other actions that EPA 
took in developing the final RRP rule to satisfy its obligations under 
RFA for this final rule.
    A description of the Agency's activities pursuant to RFA is found 
in the preamble to the final RRP rule (Ref. 1 at 21752). Specifically, 
pursuant to section 603 of RFA, EPA prepared an initial regulatory 
flexibility analysis (IRFA) for the proposed RRP rule and convened a 
Small Business Advocacy Review Panel to obtain advice and 
recommendations of representatives of the regulated small entities on a 
range of issues, including training provider accreditation. As required 
by section 604 of RFA, the Agency also prepared a final regulatory 
flexibility analysis (FRFA) for the final RRP rule. The post-course 
notification requirements being promulgated in this final rule were 
included in costs analyzed in the IRFA and the FRFA for the final RRP 
rule. The FRFA also addressed the issues raised by public comments on 
the IRFA. As part of that analysis, EPA determined that including a 
digital photograph in the notification would not be an added cost to 
training providers because the cost would be recouped as part of the 
fee charged for the course. Thus, this requirement would not have a 
significant impact on any training providers. Accordingly, the impacts 
of the post-course notification requirements on small entities that 
become accredited to provide renovator or dust sampling technician 
training

[[Page 34261]]

courses have been adequately addressed for purposes of RFA.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 of 
UMRA do not apply when they are inconsistent with applicable law. 
Moreover, section 205 of UMRA allows EPA to adopt an alternative other 
than the least costly, most cost-effective, or least burdensome 
alternative if the Administrator publishes with the final rule an 
explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including Tribal governments, it 
must have developed under section 203 of UMRA a small government agency 
plan. The plan must provide for notifying potentially affected small 
governments, enabling officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    Under Title II of UMRA, EPA has determined that this final rule 
does not contain a Federal mandate that may result in expenditures that 
exceed the inflation-adjusted UMRA threshold of $100 million by State, 
local, or Tribal governments or the private sector in any 1 year. In 
addition, this final rule does not contain a significant Federal 
intergovernmental mandate as described by section 203 of UMRA nor does 
it contain any regulatory requirements that might significantly or 
uniquely affect small governments.

E. Executive Order 13132

    Pursuant to Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999), EPA has determined that this final rule does 
not have ``federalism implications,'' because 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. Thus, Executive Order 13132 does 
not apply to this final rule. Nevertheless, in the spirit of the 
objectives of this Executive Order, and consistent with EPA policy to 
promote communications between the Agency and State and local 
governments, EPA consulted with representatives of State and local 
governments during the rulemaking process for the RRP rule. These 
consultations are as described in the preamble to the 2006 RRP proposed 
rule (Ref. 9).

F. Executive Order 13175

    As required by Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (59 FR 22951, November 9, 
2000), EPA has determined that this final rule does not have tribal 
implications because it will not have substantial direct effects on 
Tribal governments, on the relationship between the Federal Government 
and the Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes, as 
specified in the Executive Order. Thus, Executive Order 13175 does not 
apply to this final rule. Although Executive Order 13175 does not apply 
to this final rule, EPA consulted with Tribal officials and others by 
discussing potential renovation regulatory options at several national 
lead program meetings hosted by EPA and other interested Federal 
agencies.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997) does not apply to this final rule because it is not an 
``economically significant regulatory action'' as defined by Executive 
Order 12866. While the environmental health or safety risk addressed by 
the RRP rule does have a disproportionate effect on children, this 
final rule merely covers administrative requirements for accredited 
training providers and does not directly address environmental health 
or safety risks.
    EPA has evaluated the environmental health or safety effects of 
renovation, repair, and painting projects on children. Various aspects 
of this evaluation are discussed in the preamble to the proposed RRP 
rule (Ref. 9). The primary purpose of the final RRP rule is to minimize 
exposure to lead-based paint hazards created during renovation, repair, 
and painting activities in housing where children under age 6 reside 
and in housing or other buildings frequented by children under age 6. 
In the absence of the final RRP rule, adequate work practices are not 
likely to be employed during renovation, repair, and painting 
activities. EPA's analysis indicates that there will be approximately 
1.4 million children under age 6 affected by the final RRP rule. These 
children are projected to receive considerable benefits due to the 
final RRP rule.

H. Executive Order 13211

    This final rule is not a ``significant energy action'' as defined 
in Executive Order 13211, entitled Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001) because it is not likely to have any adverse effect on 
the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    This regulatory action does not involve any technical standards 
that would require Agency consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 
U.S.C. 272 note). Section 12(d) of NTTAA directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices) 
that are developed or adopted by voluntary consensus standards bodies. 
NTTAA requires EPA to provide Congress, through OMB, explanations when 
the Agency decides not to use available and applicable voluntary 
consensus standards.

J. Executive Order 12898

    Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16,

[[Page 34262]]

1994) establishes Federal executive policy on environmental justice. 
Its main provision directs Federal agencies, to the greatest extent 
practicable and permitted by law, to make environmental justice part of 
their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    While EPA has not assessed the potential impact of this final rule 
on minority and low-income populations, EPA did assess the potential 
impact of the final RRP rule as a whole. As a result of the final RRP 
rule assessment, contained in the economic analysis for the final RRP 
rule, EPA has determined that the final RRP rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population (Ref. 7).

IV. Congressional Review Act

     The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 745

    Environmental protection, Child-occupied facility, Housing 
renovation, Lead, Lead-based paint, Renovation, Reporting and 
recordkeeping requirements.


    Dated: July 7, 2009.
Lisa Jackson,
Administrator.

0
 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. Section 745.225 is amended by revising paragraphs (c)(14) 
introductory text, (c)(14)(i), (c)(14)(ii)(D) (6), and (c)(14)(iii) to 
read as follows:


Sec.  745.225   Accreditation of training programs: target housing and 
child-occupied facilities.

* * * * *
    (c) * * *
    (14) The training manager must provide notification following 
completion of renovator, dust sampling technician, or lead-based paint 
activities courses.
    (i) The training manager must provide EPA notification after the 
completion of any renovator, dust sampling technician, or lead-based 
paint activities course. This notice must be received by EPA no later 
than 10 business days following course completion.
    (ii) * * *
    (D) * * *
    (6) For renovator or dust sampling technician courses only, a 
digital photograph of the student.
* * * * *
    (iii) Notification must be accomplished using any of the following 
methods: Written notification, or electronically using the Agency's 
Central Data Exchange (CDX). Written notification following training 
courses can be accomplished by using either the sample form, entitled 
Post-Training Notification or a similar form containing the information 
required in paragraph (c)(14)(ii) of this section. All written 
notifications must be delivered by U.S. Postal Service, fax, commercial 
delivery service, or hand delivery (persons submitting notification by 
U.S. Postal Service are reminded that they should allow 3 additional 
business days for delivery in order to ensure that EPA receives the 
notification by the required date). Instructions and sample forms can 
be obtained from the NLIC at 1-800-424-LEAD (5323), or on the Internet 
at http://www.epa.gov/lead.
* * * * *

[FR Doc. E9-16814 Filed 7-14-09; 8:45 am]
BILLING CODE 6560-50-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>