97-25500. Notice of Public Meeting on Establishing a Program for Lead-Based Paint Hazard Evaluation and Reduction Products

[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Pages 50335-50337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25500]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00224; FRL-5746-4]


Notice of Public Meeting on Establishing a Program for Lead-Based 
Paint Hazard Evaluation and Reduction Products

AGENCY: Environmental Protection Agency.
ACTION: Notice.

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

SUMMARY: EPA is announcing a public meeting on September 29, 1997, in 
Arlington, VA, to take suggestions from a cross-section of stakeholders 
on the development of a program to carry out the testing and 
registration of lead-based paint hazard evaluation and reduction 
products as required under Section 405(f) of the Toxic Substances 
Control Act (TSCA, 15 U.S.C. Section 2685(f).
DATES: The meeting will take place on Monday, September 29, 1997, 
beginning promptly at 6:00 p.m. and continuing until 8:00 p.m.
ADDRESSES: The meeting will take place at the Crystal Gateway Marriot 
Hotel, 1700 Jefferson Davis Highway, Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Darlene Watford, National Program 
Chemicals Division, (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 401 M St., SW., Washington, DC. 20460, 
telephone: [phone], fax: [phone], e-mail: 
[e-mail].
SUPPLEMENTARY INFORMATION:

I. Background

    On October 28, 1992, the Residential Lead-Based Paint Hazard 
Reduction Act of 1992, Title X of the Housing and Community Development 
Act of 1992, became law. Title X amended TSCA by adding a new Title IV, 
the purpose of which is to reduce the hazards from lead in paint and 
coatings used in housing, public and commercial buildings, and other 
structures. Section 405(f) of TSCA stipulates that EPA establish 
testing criteria, testing protocols, and performance characteristics as 
necessary to ensure to the greatest extent possible that lead-based 
paint hazard evaluation and reduction products introduced into commerce 
are effective for the intended use described by the manufacturer.
    Several states have already begun to pass lead laws and regulations 
which establish lead prevention programs, as well as the infrastructure 
necessary to support such programs. Many of these programs specify a 
set of performance standards that must be met by lead

[[Page 50336]]

hazard control products to be included on a state's list of registered 
products, and certified lead abatement contractors must use only 
products that have been registered in the state. Although most of these 
state programs are similar, there are some significant differences. As 
a result, some manufacturers of lead hazard control products fear that 
registration of their products will be very costly if they have to be 
tested and approved by each state using different criteria. A federal 
program could provide a minimal set of consistent requirements to 
evaluate lead hazard control products, and could be utilized by many, 
if not all, state and local agencies.
    Under section 405(f), EPA plans to establish a national program 
that provides a mechanism to develop testing protocols, criteria, and 
performance characteristics for lead-based paint hazard evaluation and 
reduction products. EPA wishes to activate section 405(f) by obtaining 
feedback and information from interested parties concerning their 
suggestions on establishing the program.

II. Participants

    Any and all stakeholders (e.g., individuals, or representatives of 
organizations, state and local governments, or academia) are invited to 
attend as members of the audience.

III. Draft Approach to Establishing Program

    Section 405(f) stipulates that EPA shall establish ``appropriate 
testing criteria, testing protocols, and performance characteristics as 
are necessary to ensure to the greatest extent possible and consistent 
with the purposes and policy of this Title [TSCA Title IV], that lead-
based paint hazard evaluation and reduction products introduced into 
commerce . . . are effective for the intended use described by the 
manufacturer.'' In general, a product is to be evaluated by subjecting 
it to a set of standard test methods according to a given protocol. The 
results of these tests will be compared to performance-based testing 
criteria established to measure the product's effectiveness in 
accurately and precisely evaluating lead levels or minimizing the 
user's exposure to lead-based paint hazards. If a product meets the 
testing criteria, it will be approved for use as described by the 
manufacturer and recognized as an EPA-approved product.
    EPA is initiating the process of developing a Lead-Based Paint 
Hazard Evaluation and Reduction Program (LBPHERP) that will define the 
requirements of and create, an organization to administer the program. 
The program will also identify the specific classes of products that 
are currently used for lead-based paint hazard evaluation and 
reduction, and develop criteria and requirements for testing these 
products.
    EPA plans to focus its efforts on hazard evaluation and reduction 
products that are used in renovation and remodeling activities. A 
priority will be placed on products that homeowners will use; however, 
products used by certified abatement professionals may be covered where 
applicable and practical. Lead-based paint hazard products that may 
require testing and registration under section 405(f) include: chemical 
spot test kits, electrochemical lead paint and/or dust analyzers, 
encapsulants, chemical paint removers, household cleaners; respirators; 
mechanical grinders or blasters with shrouds, and HEPA vacuums. At 
present, most of these products do not have a complete set of test 
methods, testing protocols, testing criteria, and defined performance 
characteristics to determine whether the product is effective for its 
intended use as a lead hazard evaluation or reduction product.
    Various Federal agencies, quasi-governmental groups, and private 
agencies were contacted to solicit input and possible involvement in 
implementing section 405(f). In addition, test methods and protocols 
that have been developed are being evaluated to determine if they 
satisfy EPA testing requirements. Based on this preliminary 
investigation, it was determined that no single national organization 
or agency currently addresses the requirements of section 405(f) with 
respect to the wide variety of products that could potentially fall 
within the scope of this program. Also, the current state of 
development of test protocols and testing criteria for these products 
varies significantly across the classes of products identified.
    The ultimate goal of the LBPHERP is to provide regulators, 
industry, and consumers with a nationally recognized means to reliably 
assess lead-based paint hazard evaluation and reduction products. 
Accomplishing this goal will require that products are tested against a 
set of accepted standards, and that only those products which meet the 
predetermined performance criteria be considered EPA-registered 
products. Pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995, Pub. No. 104-113, Voluntary Consensus 
Boards will be used to develop standards for those products for which 
test methods or protocols do not yet exist. Once standard test methods 
and protocols and testing criteria are established, product 
registration can occur. The registration of a product is intended to 
confirm that the product conforms to specified standards, and provides 
the user with explicit or implicit information about the 
characteristics and performance of the product.
    EPA has determined that certain key elements must be considered 
when establishing the LBPHERP. These elements focus on keeping 
government costs to a minimum; ensuring that guidelines support 
existing Title X rules and programs such as section 402, section 403, 
section 404, and section 1,018; requiring the use of accredited third-
party laboratories for product testing; and making results easily 
accessible to the public. EPA is considering nonprofit or not-for-
profit organizations that have expertise in the lead-based paint hazard 
field to administer the LBPHERP. This organization would be capable of 
gaining the confidence of interested government authorities, 
manufacturers, and the public so that they accept and adopt the 
organization's or group's recommendations and standards. This 
organization would also utilize independent testing laboratories as 
required by section 405(f) to test the lead hazard evaluation and 
reduction products.
    Presently, there is no one organization that stands out as the 
obvious choice to administer the LBPHERP; however, there are groups who 
may be interested. There are numerous federal agencies, accreditation 
organizations, standards organizations, nationally recognized lead 
abatement organizations, national laboratories, contract research 
centers, and quasi-government organizations which are heavily involved 
in the lead-based paint hazard evaluation and reduction field, and 
might welcome the opportunity to become involved in the administration 
of the LBPHERP. Many configurations of these agencies and organizations 
could facilitate the LBPHERP.
    EPA is considering the position that the LBPHERP should be able to 
eventually finance itself through fees charged to manufacturers to 
register their products and maintain this registration.

IV. Topics of Discussion

    There are two main topics of discussion that EPA would like to 
address during this public meeting:
    1.   What type of organization could best facilitate the lead-based 
paint

[[Page 50337]]

hazard evaluation and reduction program and meet the scope of section 
405(f)?
    2.   Which lead hazard reduction products are going to be required 
to be tested before they can be registered under this program?
    There are several factors affecting the first question, such as the 
cost and size of the program; timeliness of implementation; cost to the 
government and industry; and acceptance by industry, state regulators, 
and consumers. The acceptance of a program will depend in part on the 
expertise of the staff administering the program and the recognition of 
the organization as an accredited certification/registration body.
    Several issues associated with the second question will need to be 
discussed, such as testing methods, and protocols, development of 
testing criteria, voluntary consensus standards, cost of testing 
products, and reciprocity between states.

V. Public Docket

    The official record for this notice has been established under 
docket control number ``OPPTS-00224.'' The record is available for 
inspection from 12 noon to 4:00 p.m., Monday through Friday, excluding 
legal holidays. The record is located at: TSCA Docket (7407), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, Room 
E-G99, 401 M St., SW., Washington, DC. 20460.

List of Subjects

    Environmental protection.

    Dated: September 18, 1997

William H. Saunders III,
Director, Office of Pollution Prevention and Toxics.

[FR Doc.97-25500 Filed 9-22-97; 3:06 p.m.]
Billing Code 6560-50-F