80 FR 27621 - Lead; Renovation, Repair and Painting Program; Lead Test Kit Stakeholder Meeting; Notice of Public Meeting

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 93 (May 14, 2015)

On April 22, 2008, EPA published the Lead Renovation, Repair and Painting (RRP) rule, which established performance recognition criteria for lead test kits for use as an option to determine if regulated lead-based paint is not present in target housing and child- occupied facilities. The use of an EPA-recognized lead test kit, when used by a trained professional, can reliably determine that regulated lead-based paint is not present by virtue of a negative result. The RRP rule also established negative-response and positive-response criteria outlined in the CFR for lead test kits recognized by EPA. This document announces EPA's plan to hold a meeting for interested stakeholders and the public on Thursday, June 4, 2015. At the meeting, EPA is seeking information related to: The existing market for lead test kits as referenced in the 2008 RRP rule; the development or modification of lead test kit(s) that may meet EPA's positive-response criterion (in addition to the negative-response criterion); and other alternatives for lead-based paint field testing.

[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27621-27623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-9927-40]


Lead; Renovation, Repair and Painting Program; Lead Test Kit 
Stakeholder Meeting; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

[[Page 27622]]


ACTION: Notice of meeting.

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SUMMARY: On April 22, 2008, EPA published the Lead Renovation, Repair 
and Painting (RRP) rule, which established performance recognition 
criteria for lead test kits for use as an option to determine if 
regulated lead-based paint is not present in target housing and child-
occupied facilities. The use of an EPA-recognized lead test kit, when 
used by a trained professional, can reliably determine that regulated 
lead-based paint is not present by virtue of a negative result. The RRP 
rule also established negative-response and positive-response criteria 
outlined in the CFR for lead test kits recognized by EPA. This document 
announces EPA's plan to hold a meeting for interested stakeholders and 
the public on Thursday, June 4, 2015. At the meeting, EPA is seeking 
information related to: The existing market for lead test kits as 
referenced in the 2008 RRP rule; the development or modification of 
lead test kit(s) that may meet EPA's positive-response criterion (in 
addition to the negative-response criterion); and other alternatives 
for lead-based paint field testing.

DATES: The meeting will be held on Thursday, June 4, 2015 from 10 a.m. 
to 12 p.m.
    Requests to attend the meeting should be sent to the Agency's lead 
information Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the technical information points of contact under FOR FURTHER 
INFORMATION CONTACT. Upon request, Web and telephone conferencing 
information will be provided for those who wish to attend the meeting 
remotely. RSVP responses confirming attendance to the meeting either in 
person or remotely should be sent to the Agency's lead information 
Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the 
technical persons listed under FOR FURTHER INFORMATION CONTACT on or 
before May 26, 2015. Requests to share information on the related 
topics at the meeting should be sent to the Agency's lead information 
Contact Us form at http://www2.epa.gov/lead/forms/contact-us or the 
technical persons listed under FOR FURTHER INFORMATION CONTACT on or 
before May 26, 2015. Additionally, registered participants who wish to 
provide responses to the requested lead test kit topics during the 
meeting should notify the Agency via EPA's lead information Contact Us 
form at http://www2.epa.gov/lead/forms/contact-us or the technical 
persons listed under FOR FURTHER INFORMATION CONTACT on or before May 
26, 2015.
    To request accommodation of a disability, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT, 
preferably by May 26, 2015, to give EPA as much time as possible to 
process your request.

ADDRESSES: The meeting will be held at EPA William Jefferson Clinton 
East Building, 1201 Constitution Ave. NW., Washington, DC 20004.
    Meeting participants and other interested parties who wish to 
respond in writing to the requested lead test kit topics outlined 
above, as well as the forthcoming Information Docket, may submit 
written materials identified by docket identification (ID) number EPA-
HQ-OPPT-2005-0049, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, are available at http://www.epa.gov/dockets. The docket for this action will remain open until 
July 6, 2015.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Christina Wadlington, National Program Chemicals Division (7404M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 566-1859; email address: [email protected] or 
Toiya Goodlow, National Program Chemicals Division (7404M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 
566-2305; email address: [email protected].
    For general information contact: The National Lead Information 
Center, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; 
telephone number: 1-800-424 -LEAD (5323); online information request 
form: http://www2.epa.gov/lead/forms/lead-hotline-national-lead-information-center.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This document is directed to stakeholders that develop, manufacture 
and/or sell lead test kits or other lead-based paint field testing 
instruments. You may be potentially affected by this action if you 
manufacture or sell lead test kits, or if you use lead test kits to 
determine if lead-safe work practices are required under the RRP rule 
to perform renovations for compensation in target housing or child-
occupied facilities. Examples of child-occupied facilities are day-care 
centers, preschools, and kindergarten classrooms.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket ID number EPA-HQ-
OPPT-2005-0049, is available at http://www.regulations.gov or at the 
Office of Pollution Prevention and Toxics Docket (OPPT Docket), 
Environmental Protection Agency Docket Center (EPA/DC), EPA William 
Jefferson Clinton West Building, Rm. 3334, 1301 Constitution Ave. NW., 
Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Please review 
the visitor instructions and additional information about the docket 
available at http://www.epa.gov/dockets. EPA will provide further 
information regarding topics to be discussed at the meeting in an 
Information Document to registered participants. That information also 
will be posted on www2.epa.gov/lead and placed in the docket for this 
action.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark 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 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

[[Page 27623]]

must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify this document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. Follow the detailed instructions as provided 
under ADDRESSES. Respond to specific questions posed by the Agency.
    iii. Explain why you agree or disagree; suggest alternatives.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced by the Agency and others.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified in this document.

II. Background

    In the Federal Register of April 22, 2008 (73 FR 21692) (FRL-8355-
7), EPA published the Lead-Based Paint Renovation, Repair and Painting 
rule, which requires contractors to use lead-safe work practices during 
renovation, repair, and painting activities that disturb lead-based 
paint in target housing and child-occupied facilities built before 1978 
unless a determination can be made that no lead-based paint would be 
disturbed during the renovation or repair. The use of an EPA-recognized 
lead test kit, when used by a trained professional, can reliably 
determine that regulated lead-based paint is not present by virtue of a 
negative result. The federal standards for lead-based paint in target 
housing and child-occupied facilities is a lead content in paint that 
equals or exceeds a level of 1.0 milligram per square centimeter (mg/
cm\2\) or 0.5 percent by weight. If regulated lead-based paint is not 
present, there is no requirement to employ lead-safe work practices 
under the RRP rule.
    The RRP rule established negative-response and positive-response 
criteria outlined in 40 CFR 745.88(c) for lead test kits recognized by 
EPA. Lead test kits recognized before September 1, 2010 must meet only 
the negative-response criterion outlined in 40 CFR 745.88(c)(1). The 
negative-response criterion states that for paint containing lead at or 
above the regulated level, 1.0 mg/cm\2\ or 0.5 percent by weight, a 
demonstrated probability (with 95% confidence) of a negative response 
less than or equal to 5 percent of the time must be met. The 
recognition of kits that meet only this criterion will last until EPA 
publicizes its recognition of the first test kit that meets both of the 
criteria outlined in the rule.
    Lead test kits recognized after September 1, 2010 must meet both 
the negative-response and positive-response criteria outlined in 40 CFR 
745.88(c)(1)-(2). The positive-response criterion states that for paint 
containing lead below the regulated level, 1.0 mg/cm\2\ or 0.5% by 
weight, a demonstrated probability (with 95% confidence) of a positive 
response less than or equal to 10% of the time must be met. 
Qualitatively speaking, lead test kits recognized by EPA should also 
serve as a quick, inexpensive, reliable, and easy to perform option for 
lead-based paint testing in the field.
    Despite the EPA's commitment of resources to this effort, to date 
no test kit has met both of the performance criteria outlined in the 
RRP rule. However, there are two EPA-recognized test kits commercially 
available nationwide that meet the false-negative criterion and 
continue to be recognized by EPA. Therefore, in an effort to understand 
the current state of the science for lead test kits and lead-based 
paint field testing alternatives, as well as the existing market and 
potential availability of additional test kits, EPA is soliciting input 
from relevant stakeholders. EPA is convening a meeting and webinar for 
interested stakeholders and the public on Thursday, June 4, 2015 to 
seek information related to: (1) The existing market for lead test kits 
as referenced in the 2008 RRP rule; (2) the development or modification 
of lead test kit(s) that may meet EPA's positive-response criterion (in 
addition to the negative-response criterion); and (3) other 
alternatives for lead-based paint field testing. EPA will provide 
further information regarding topics to be discussed at the meeting in 
an Information Document to be posted on www2.epa.gov/lead and placed in 
the docket for this action. Meeting participants and other interested 
parties who wish to respond in writing to the requested lead test kit 
topics outlined above, as well as the forthcoming Information Docket, 
may submit written materials to the docket until July 6, 2015.

III. References

    As indicated under ADDRESSES, a docket has been established for 
this rulemaking under docket ID number EPA-HQ-OPPT-2005-0049. The 
docket includes this document and other information.

EPA. Lead; Renovation, Repair, and Painting Program; Final Rule. 
Federal Register, April 22, 2008 (73 FR 21692) (FRL-8355-7).

    Authority: 15 U.S.C. 2601 et seq.

    Dated: May 8, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2015-11669 Filed 5-13-15; 8:45 am]
BILLING CODE 6560-50-P