98-26476. Identification of Dangerous Levels of Lead; Extension of Comment Period

[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Proposed Rules]
[Pages 52662-52663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26476]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62156B; FRL-6037-7]
RIN 2070-Ac63


Identification of Dangerous Levels of Lead; Extension of Comment 
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: EPA is extending the comment period for a proposed rule 
establishing standards for lead-based paint hazards in most pre-1978 
housing and child-occupied facilities under authority of section 403 of 
the Toxic Substance Control Act (TSCA). The proposed rule also 
establishes, under authority of TSCA section 402, residential lead dust 
cleanup levels and amendments to dust and soil sampling requirements 
and, under authority of TSCA section 404, amendments to State program 
authorization requirements.

DATES: Written comments in response to this proposed rule must be 
received on or before November 30, 1998.

ADDRESSES: Each comment must bear the docket control number OPPTS-
62156B. All comments should be sent in triplicate to: OPPT Document 
Control Officer (7407), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 401 M St., SW., Rm. G-099, East Tower, 
Washington, DC 20460.
    Comments and data may also be submitted electronically to: 
[e-mail]. Follow the instructions in Unit II. of this 
document. No Confidential Business Information (CBI) should be 
submitted through e-mail.
    All comments which contain information claimed as CBI must be 
clearly marked as such. Three copies, sanitized of any comments 
containing information claimed as CBI, must also be submitted and will 
be placed in the public record for this rulemaking. Persons submitting 
information, any portion of which they believe is entitled to treatment 
as CBI by EPA, must assert a business confidentiality claim in 
accordance with 40 CFR 2.203(b) for each such portion. This claim must 
be made at the time that the information is submitted to EPA. If a 
submitter does not assert a confidentiality claim at the time of 
submission, EPA will consider this as a waiver of any confidentiality 
claim and the information may be made available to the public by EPA 
without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
National Lead Information Center's Clearinghouse, 1-800-424-LEAD 
(5323). For technical and policy questions contact: Jonathan Jacobson, 
[phone]; [e-mail].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 3, 1998 (63 FR 30302) (FRL-5791-9), 
EPA issued a proposed rule under Title IV of TSCA. Section 403 of TSCA 
(15 U.S.C. 2683) directs EPA to promulgate regulations identifying 
lead-based paint hazards, lead-contaminated dust, and lead-contaminated 
soil. Section 402 of TSCA ( 15 U.S.C. 2682) directs EPA to promulgate 
regulations governing lead-based paint activities. Section 404 of TSCA 
(15 U.S.C. 2684) requires that any

[[Page 52663]]

State that seeks to administer and enforce the requirements established 
by the Agency under section 402 of TSCA must submit to the 
Administrator a request for authorization of such a program. The 
proposed rule originally provided a 90-day public comment period. In 
response to requests by interested parties to extend the public comment 
period by 90 days, EPA announced on July 22, 1998 (63 FR 39262) (FRL-
6017-4) that it was extending the public comment period by 30 days, 
until October 1, 1998. The Agency did not grant the request for the 
full 90 days because, at the time, it felt that a 120-day comment 
period was adequate. EPA, however, continues to receive requests to 
extend the comment period. Given the complexity of the proposed rule 
and the number of requests that the Agency has and continues to 
receive, EPA now believes that an extension of the public comment 
period is warranted. The Agency, therefore, is extending the public 
comment period by 60 days, until November 30, 1998.

II. Public Record and Electronic Submissions

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket control 
number OPPTS-62156B (including comments and data submitted 
electronically as described in this unit). A public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection from 12 noon to 4 p.m., Monday through Friday, excluding 
legal holidays. The official rulemaking record is located in the TSCA 
Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., 
Washington, DC.
    Electronic comments can be sent directly to EPA at:

    [e-mail]

    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 disks in WordPerfect 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number OPPTS-62156B. Electronic comments on this 
proposed rule may be filed online at many Federal Depository Libraries.

List of Subjects in 40 CFR Part 745

    Environmental protection, Hazardous substances, Lead-based paint, 
Lead poisoning, Reporting and recordkeeping requirements.

    Dated: September 29, 1998.

William H. Sanders, III,

Director, Office of Pollution Prevention and Toxics.

[FR Doc. 98-26476 Filed 9-29-98; 2:28 pm]
BILLING CODE 6560-50-F