[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Proposed Rules]
[Pages 70087-70089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33630]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[OPPTS-62156E; FRL-6048-3]
RIN 2070-AC63
Lead; Identification of Dangerous Levels of Lead; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; correction.
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SUMMARY: EPA is making corrections to a proposed rule that would
provide guidelines for managing lead in paint, dust, and soil in
residences and child-occupied facilities. The proposed rule was issued
under section 403 of the Toxic Substances Control Act (TSCA). The
corrections address typographical errors and other drafting errors.
DATES: Written comments on the proposed rule remain due on or before
December 31, 1998.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of this document.
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,
Telephone: 202-260-3779, e-mail: jacobson.jonathan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does This Notice Apply To Me?
The following table identifies the entities that would be involved
in the implementation of regulations that would be affected by today's
proposal and the effect of the proposal on implementation of those
regulations.
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Examples of
Category Entities Effect of Proposal
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Lead abatement professionals Workers, Provides standards
supervisors, that risk
inspectors, risk assessors would
assessors, and use to identify
project designers hazards and
engaged in lead- evaluate
based paint clearance tests;
activities helps determine
when certified
professionals
would be required
to perform
abatements
Training providers Firms providing Provides standards
training services that training
in lead-based providers would
paint activities have to teach in
their courses
HUD and other Federal agencies Proposed standards
that own residential property identify hazards
that Federal
agencies would
have to abate in
pre-1960 housing
prior to sale
Property owners that receive State and city Proposed standards
assistance through Federal public housing identify hazards
housing programs authorities, that property
owners of owners would have
multifamily to abate or
rental properties reduce as
that receive specified by
project-based regulations
assistance, currently being
owners of rental developed by HUD
properties that under authority
lease units under of Title X,
HUD's tenant- section 1012
based assistance
program
Property owners Owner occupants, Proposed standards
rental property identify hazards
owners, public that would have
housing to be disclosed
authorities, under EPA/HUD
Federal agencies joint regulations
promulgated under
Title X, section
1018
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be affected by this action through
implementation of the elements of the programs discussed in this
notice. To determine whether you, your business, or your agency is
affected, you should carefully examine the Requirements for Lead-Based
Paint Activities at 40 CFR part 745, subpart L and subpart Q and Lead-
Based Paint Disclosure at 40 CFR part 745, subpart F and 24 CFR part
35, subpart H. The regulations covering evaluation and control of lead-
based paint hazards in HUD-associated and Federally-owned housing are
currently under development. Proposed regulations were published in the
Federal Register on June 7, 1996 (61 FR 29169). If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the ``FOR FURTHER INFORMATION
CONTACT'' section.
II. How Can I Get Additional Information or Copies of This Document
or Other Documents?
A. Electronic Availability
Electronic copies of this document are available from the EPA Home
Page at the Federal Register - Environmental Documents entry for this
document under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).
B. In Person or By Phone
If you have any questions or need additional information about this
action, you may contact the technical person identified in the ``FOR
FURTHER INFORMATION CONTACT'' section. In addition, the official record
for this proposed rule, including the public version, has been
established for this proposed rule under docket control number OPPTS-
62156E (including comments and data submitted electronically as
described below). A public version of this record, including printed,
paper versions of any electronic comments, which does not include any
information claimed as Confidential Business Information (CBI), is
available for inspection in the TSCA Nonconfidential Information
Center, Rm. NE-B607, Waterside Mall, 401 M St., SW., Washington, DC,
from 12 noon to 4 p.m., Monday through Friday, excluding legal
holidays. The TSCA Nonconfidential Information Center telephone number
is 202-260-7099.
III. How and To Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket control
number, OPPTS-62156E, in your correspondence.
1. By mail. Submit written comments to: Document Control Office
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 401 M St., SW., Rm. G-099, East Tower, Washington,
DC 20460.
2. In person or by courier. Deliver written comments to: Document
Control Office in Rm. G-099, East Tower, Waterside Mall, 401 M St.,
SW.,
[[Page 70088]]
Washington, DC, Telephone: 202-260-7093.
3. Electronically. Submit your comments and/or data electronically
by e-mail to: oppt.ncic@epa.gov. Please note that you should not submit
any information electronically that you consider to be CBI. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comment 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-62156E. Electronic comments on this proposed rule
may also be filed online at many Federal Depository Libraries.
IV. How Should I Handle CBI Information That I Want To Submit To
the Agency?
You may claim information that you submit in response to this
document as CBI by marking any part or all of that information as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. A copy of the comment that does
not contain CBI must be submitted for inclusion in the public record.
Information not marked confidential will be included in the public
docket by EPA without prior notice. If you have any questions about CBI
or the procedures for claiming CBI, please consult with the technical
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.
V. What Should I Consider As I Prepare My Comments for EPA?
We invite you to provide your views on the various options we
propose, new approaches we haven't considered, the potential impacts of
the various options (including possible unintended consequences), and
any data or information that you would like the Agency to consider
during the development of the final action. You may find the following
suggestions helpful for preparing your comments:
Explain your views as clearly as possible.
Describe any assumptions that you used.
Provide solid technical information and/or data to support
your views.
If you estimate potential burden or costs, explain how you
arrived at the estimate.
Tell us what you support, as well as what you disagree
with.
Provide specific examples to illustrate your concerns.
Offer alternative ways to improve the rule or collection
activity.
Make sure to submit your comments by the deadline in this
notice.
At the beginning of your comments (e.g., as part of the
``Subject'' heading), be sure to properly identify the document you are
commenting on. You can do this by providing the docket control number
assigned to the document, along with the name, date, and Federal
Register citation, or by using the appropriate EPA or OMB ICR number.
VI. What Related Actions Preceded Today's Document?
In the Federal Register of June 3, 1998 (63 FR 30302) (FRL-5791-9),
EPA published a proposed rule under Title IV of the Toxic Substances
Control Act (TSCA). On July 22, 1998 (63 FR 39262) (FRL-6017-4), EPA
extended the public comment period by 30 days, until October 1, 1998.
On October 1, 1998, EPA announced in the Federal Register (63 FR 52662)
(FRL-6037-7) that it would extend the public comment period until
November 30, 1998. On November 5, 1998 (63 FR 59754) (FRL-6044-9), EPA
announced in the Federal Register that it would hold a public meeting
on December 4, 1998 and extend the public comment period until December
31, 1998 to accommodate the meeting. The corrections in this document
are minor and do not affect anyone's ability to comment with the
current public comment period. As such, comments remain due to EPA on
or before December 31, 1998.
During the public comment period, interested parties have
identified several errors in the proposed rule published in the Federal
Register of June 3, 1998 (63 FR 30302). The errors consist of
typographical errors and other drafting errors. This document corrects
these errors.
VII. What Actions Were Required By the Various Regulatory
Assessment Mandates?
This document does not impose any requirements. It only corrects
errors in a proposed rule. As such, this document does not require
review by the Office of Management and Budget (OMB) under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). For the same reason, it does not require any action under Title
II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4),
or Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This 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), Pub.
L. 104-113, section 12(d) (15 U.S.C. 272 note). In addition, no action
is needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.). These determinations are based on this document. For information
about the determinations made for the original proposed rule, please
refer to the Federal Register of June 3, 1998 (63 FR 30349).
VIII. Are There Any Impacts on Tribal, State, and Local
Governments?
There are no impacts on the State, local, or tribal governments.
Under Executive Order 12875, entitled Enhancing Intergovernmental
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local, or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 12875
requires EPA to provide to the Office of Management and Budget a
description of the extent of EPA's prior consultation with
representatives of affected State, local, and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's proposed rule does not create an unfunded federal mandate
on State, local, or tribal governments. The proposed rule does not
impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of Executive Order 12875 do not apply to
this proposed rule.
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely
[[Page 70089]]
affects the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires EPA to provide to the Office of Management and Budget,
in a separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this proposed rule.
List of Subjects in 40 CFR Part 745
Environmental protection, Hazardous substances, Lead-based paint,
Lead poisoning, Reporting and recordkeeping requirements.
Dated: December 11, 1998.
William H. Sanders III,
Director, Office of Pollution Prevention and Toxics.
In FR Doc. 98-14736 published on June 3, 1998 (63 FR 30302) make
the following corrections:
1. On page 30322, in the table entitled ``Table 3.--Hazard
Evaluation and Control Costs'', under the second heading of the table
entitled ``Single-Family'', in the fifth entry, ``45,706'' is corrected
to read ``5,706''.
2. On the same page, in the same table, under the third heading of
the table entitled ``Multi-family (per unit)'', in the fifth entry,
``12,275'' is corrected to read ``2,275''.
3. On page 30351, in the first column, under the paragraph entitled
``4. Sensitivity and uncertainty analyses.'', in the second paragraph,
in the seventh line, ``(Refs. 109 and 110).'' is corrected to read
``(Refs. 107 and 108).''.
Sec. 745.227 [Corrected]
4. On page 30354, in the third column, in Sec. 745.227(d)(4),
remove the second sentence.
[FR Doc. 98-33630 Filed 12-17-98; 8:45 am]
BILLING CODE 6560-50-F
