80_FR_27714 80 FR 27621 - Lead; Renovation, Repair and Painting Program; Lead Test Kit Stakeholder Meeting; Notice of Public Meeting

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)

Page Range27621-27623
FR Document2015-11669

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 Issue 93 (Thursday, May 14, 2015)
[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.

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

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



                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                                 27621

                                                  If you think that your business,                      proposed rule will not result in such an              (NEPA) (42 U.S.C. 4321–4370f), and
                                                organization, or governmental                           expenditure, we do discuss the effects of             have made a preliminary determination
                                                jurisdiction qualifies as a small entity                this rule elsewhere in this preamble.                 that this action is one of a category of
                                                and that this rule would have a                                                                               actions which do not individually or
                                                                                                        8. Taking of Private Property
                                                significant economic impact on it,                                                                            cumulatively have a significant effect on
                                                please submit a comment (see                              This proposed rule would not cause a                the human environment. This proposed
                                                ADDRESSES) explaining why you think it                  taking of private property or otherwise               rule simply amends the operating
                                                qualifies and how and to what degree                    have taking implications under                        regulations or procedures for
                                                this rule would economically affect it.                 Executive Order 12630, Governmental                   drawbridges. This rule is categorically
                                                                                                        Actions and Interference with                         excluded, under figure 2–1, paragraph
                                                3. Assistance for Small Entities                        Constitutionally Protected Property                   (32)(e), of the Instruction.
                                                   Under section 213(a) of the Small                    Rights.                                                 Under figure 2–1, paragraph (32)(e), of
                                                Business Regulatory Enforcement                                                                               the Instruction, an environmental
                                                                                                        9. Civil Justice Reform                               analysis checklist and a categorical
                                                Fairness Act of 1996 (Pub. L. 104–121),
                                                we want to assist small entities in                        This proposed rule meets applicable                exclusion determination are not
                                                understanding this proposed rule. If the                standards in sections 3(a) and 3(b)(2) of             required for this rule. We seek any
                                                rule would affect your small business,                  Executive Order 12988, Civil Justice                  comments or information that may lead
                                                organization, or governmental                           Reform, to minimize litigation,                       to the discovery of a significant
                                                jurisdiction and you have questions                     eliminate ambiguity, and reduce                       environmental impact from this
                                                concerning its provisions or options for                burden.                                               proposed rule.
                                                compliance, please contact the person                   10. Protection of Children                            List of Subjects in 33 CFR Part 117
                                                listed in the FOR FURTHER INFORMATION
                                                CONTACT, above. The Coast Guard will                       We have analyzed this proposed rule                  Bridges.
                                                not retaliate against small entities that               under Executive Order 13045,                            For the reasons discussed in the
                                                question or complain about this                         Protection of Children from                           preamble, the Coast Guard proposes to
                                                proposed rule or any policy or action of                Environmental Health Risks and Safety                 amend 33 CFR part 117 as follows:
                                                the Coast Guard.                                        Risks. This rule is not an economically
                                                                                                        significant rule and would not create an              PART 117—DRAWBRIDGE
                                                4. Collection of Information                            environmental risk to health or risk to               OPERATION REGULATIONS
                                                   This proposed rule would call for no                 safety that might disproportionately
                                                                                                                                                              ■ 1. The authority citation for part 117
                                                new collection of information under the                 affect children.
                                                                                                                                                              continues to read as follows:
                                                Paperwork Reduction Act of 1995 (44
                                                                                                        11. Indian Tribal Governments                           Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                U.S.C. 3501–3520).
                                                                                                           This proposed rule does not have                   and Department of Homeland Security
                                                5. Federalism                                           tribal implications under Executive                   Delegation No. 0170.1.
                                                   A rule has implications for federalism               Order 13175, Consultation and                         ■ 2. In § 117.1041, revise the section
                                                under Executive Order 13132,                            Coordination with Indian Tribal                       heading and paragraph (a)(2) to read as
                                                Federalism, if it has a substantial direct              Governments, because it would not have                follows:
                                                effect on the States, on the relationship               a substantial direct effect on one or
                                                                                                                                                              § 117.1041 Drawbridge Operation
                                                between the national government and                     more Indian tribes, on the relationship               Regulation; Duwamish River; Seattle, WA.
                                                the States, or on the distribution of                   between the Federal Government and
                                                                                                                                                                (a) * * *
                                                power and responsibilities among the                    Indian tribes, or on the distribution of                (2) The draw of the South Park Bridge,
                                                various levels of government. We have                   power and responsibilities between the                mile 3.8, need not be opened for the
                                                analyzed this proposed rule under that                  Federal Government and Indian tribes                  passage of vessels from 6:00 a.m. to 9:00
                                                Order and have determined that it does                  (make sure we send NPRM to local                      a.m. and from 3:00 p.m. to 6:00 p.m.,
                                                not have implications for federalism.                   Tribe).                                               Monday through Friday except, Federal
                                                6. Protest Activities                                   12. Energy Effects                                    holidays, other than Columbus Day.
                                                   The Coast Guard respects the First                      This proposed rule is not a                        *     *    *     *    *
                                                Amendment rights of protesters.                         ‘‘significant energy action’’ under                     Dated: April 29, 2015.
                                                Protesters are asked to contact the                     Executive Order 13211, Actions                        R.T. Gromlich,
                                                person listed in the FOR FURTHER                        Concerning Regulations That                           Rear Admiral, U.S. Coast Guard, Commander,
                                                INFORMATION CONTACT section to                          Significantly Affect Energy Supply,                   Thirteenth Coast Guard District.
                                                coordinate protest activities so that your              Distribution, or Use.                                 [FR Doc. 2015–11677 Filed 5–13–15; 8:45 am]
                                                message can be received without                                                                               BILLING CODE 9110–04–P
                                                jeopardizing the safety or security of                  13. Technical Standards
                                                people, places or vessels.                                This proposed rule does not use
                                                                                                        technical standards. Therefore, we did                ENVIRONMENTAL PROTECTION
                                                7. Unfunded Mandates Reform Act                         not consider the use of voluntary                     AGENCY
                                                   The Unfunded Mandates Reform Act                     consensus standards.
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                         40 CFR Part 745
                                                                                                        14. Environment
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                                                Federal agencies to assess the effects of
                                                their discretionary regulatory actions. In                We have analyzed this rule under                    [EPA–HQ–OPPT–2005–0049; FRL–9927–40]
                                                particular, the Act addresses actions                   Department of Homeland Security
                                                                                                                                                              Lead; Renovation, Repair and Painting
                                                that may result in the expenditure by a                 Management Directive 023–01 and
                                                                                                                                                              Program; Lead Test Kit Stakeholder
                                                State, local, or tribal government, in the              Commandant Instruction M16475.lD,
                                                                                                                                                              Meeting; Notice of Public Meeting
                                                aggregate, or by the private sector of                  which guides the Coast Guard in
                                                $100,000,000 (adjusted for inflation) or                complying with the National                           AGENCY: Environmental Protection
                                                more in any one year. Though this                       Environmental Policy Act of 1969                      Agency (EPA).


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                                                27622                    Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules

                                                ACTION:   Notice of meeting.                               To request accommodation of a                      hotline-national-lead-information-
                                                                                                        disability, please contact the technical              center.
                                                SUMMARY:    On April 22, 2008, EPA                      person listed under FOR FURTHER                       SUPPLEMENTARY INFORMATION:
                                                published the Lead Renovation, Repair                   INFORMATION CONTACT, preferably by
                                                and Painting (RRP) rule, which                          May 26, 2015, to give EPA as much time                I. General Information
                                                established performance recognition                     as possible to process your request.                  A. Does this action apply to me?
                                                criteria for lead test kits for use as an               ADDRESSES: The meeting will be held at
                                                option to determine if regulated lead-                                                                          This document is directed to
                                                                                                        EPA William Jefferson Clinton East                    stakeholders that develop, manufacture
                                                based paint is not present in target                    Building, 1201 Constitution Ave. NW.,
                                                housing and child-occupied facilities.                                                                        and/or sell lead test kits or other lead-
                                                                                                        Washington, DC 20004.                                 based paint field testing instruments.
                                                The use of an EPA-recognized lead test                     Meeting participants and other
                                                kit, when used by a trained professional,                                                                     You may be potentially affected by this
                                                                                                        interested parties who wish to respond
                                                can reliably determine that regulated                                                                         action if you manufacture or sell lead
                                                                                                        in writing to the requested lead test kit
                                                lead-based paint is not present by virtue                                                                     test kits, or if you use lead test kits to
                                                                                                        topics outlined above, as well as the
                                                of a negative result. The RRP rule also                                                                       determine if lead-safe work practices are
                                                                                                        forthcoming Information Docket, may
                                                established negative-response and                                                                             required under the RRP rule to perform
                                                                                                        submit written materials identified by
                                                positive-response criteria outlined in                                                                        renovations for compensation in target
                                                                                                        docket identification (ID) number EPA–
                                                the CFR for lead test kits recognized by                                                                      housing or child-occupied facilities.
                                                                                                        HQ–OPPT–2005–0049, by one of the
                                                EPA. This document announces EPA’s                                                                            Examples of child-occupied facilities
                                                                                                        following methods:
                                                plan to hold a meeting for interested                                                                         are day-care centers, preschools, and
                                                                                                           • Federal eRulemaking Portal: http://
                                                stakeholders and the public on                                                                                kindergarten classrooms.
                                                                                                        www.regulations.gov. Follow the online
                                                Thursday, June 4, 2015. At the meeting,                 instructions for submitting comments.                 B. How can I get copies of this document
                                                EPA is seeking information related to:                  Do not submit electronically any                      and other related information?
                                                The existing market for lead test kits as               information you consider to be
                                                referenced in the 2008 RRP rule; the                                                                             The docket for this action, identified
                                                                                                        Confidential Business Information (CBI)               by docket ID number EPA–HQ–OPPT–
                                                development or modification of lead test                or other information whose disclosure is
                                                kit(s) that may meet EPA’s positive-                                                                          2005–0049, is available at http://
                                                                                                        restricted by statute.                                www.regulations.gov or at the Office of
                                                response criterion (in addition to the                     • Mail: Document Control Office
                                                negative-response criterion); and other                                                                       Pollution Prevention and Toxics Docket
                                                                                                        (7407M), Office of Pollution Prevention               (OPPT Docket), Environmental
                                                alternatives for lead-based paint field                 and Toxics (OPPT), Environmental
                                                testing.                                                                                                      Protection Agency Docket Center (EPA/
                                                                                                        Protection Agency, 1200 Pennsylvania                  DC), EPA William Jefferson Clinton
                                                DATES:  The meeting will be held on                     Ave. NW., Washington, DC 20460–0001.                  West Building, Rm. 3334, 1301
                                                Thursday, June 4, 2015 from 10 a.m. to                     • Hand Delivery: To make special                   Constitution Ave. NW., Washington, DC
                                                12 p.m.                                                 arrangements for hand delivery or                     20004. The Public Reading Room is
                                                   Requests to attend the meeting should                delivery of boxed information, please                 open from 8:30 a.m. to 4:30 p.m.,
                                                be sent to the Agency’s lead information                follow the instructions at http://                    Monday through Friday, excluding legal
                                                Contact Us form at http://                              www.epa.gov/dockets/contacts.htm.                     holidays. The telephone number for the
                                                www2.epa.gov/lead/forms/contact-us or                      Additional instructions on                         Public Reading Room is (202) 566–1744,
                                                the technical information points of                     commenting or visiting the docket,                    and the telephone number for the OPPT
                                                contact under FOR FURTHER INFORMATION                   along with more information about                     Docket is (202) 566–0280. Please review
                                                CONTACT. Upon request, Web and                          dockets generally, are available at                   the visitor instructions and additional
                                                telephone conferencing information will                 http://www.epa.gov/dockets. The docket                information about the docket available
                                                be provided for those who wish to                       for this action will remain open until                at http://www.epa.gov/dockets. EPA
                                                attend the meeting remotely. RSVP                       July 6, 2015.                                         will provide further information
                                                responses confirming attendance to the                  FOR FURTHER INFORMATION CONTACT: For                  regarding topics to be discussed at the
                                                meeting either in person or remotely                    technical information contact: Christina              meeting in an Information Document to
                                                should be sent to the Agency’s lead                     Wadlington, National Program                          registered participants. That information
                                                information Contact Us form at http://                  Chemicals Division (7404M), Office of                 also will be posted on www2.epa.gov/
                                                www2.epa.gov/lead/forms/contact-us or                   Pollution Prevention and Toxics,                      lead and placed in the docket for this
                                                the technical persons listed under FOR                  Environmental Protection Agency, 1200                 action.
                                                FURTHER INFORMATION CONTACT on or                       Pennsylvania Ave. NW., Washington,
                                                before May 26, 2015. Requests to share                  DC 20460; telephone number: (202)                     C. What should I consider as I prepare
                                                information on the related topics at the                566–1859; email address:                              my comments for EPA?
                                                meeting should be sent to the Agency’s                  wadlington.christina@epa.gov or Toiya                    1. Submitting CBI. Do not submit this
                                                lead information Contact Us form at                     Goodlow, National Program Chemicals                   information to EPA through
                                                http://www2.epa.gov/lead/forms/                         Division (7404M), Office of Pollution                 regulations.gov or email. Clearly mark
                                                contact-us or the technical persons                     Prevention and Toxics, Environmental                  the part or all of the information that
                                                listed under FOR FURTHER INFORMATION                    Protection Agency, 1200 Pennsylvania                  you claim to be CBI. For CBI
                                                CONTACT on or before May 26, 2015.                      Ave. NW., Washington, DC 20460;                       information in a disk or CD–ROM that
                                                Additionally, registered participants                   telephone number: (202) 566–2305;                     you mail to EPA, mark the outside of the
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                                                who wish to provide responses to the                    email address: goodlow.toiya@epa.gov.                 disk or CD–ROM as CBI and then
                                                requested lead test kit topics during the                  For general information contact: The               identify electronically within the disk or
                                                meeting should notify the Agency via                    National Lead Information Center,                     CD–ROM the specific information that
                                                EPA’s lead information Contact Us form                  ABVI-Goodwill, 422 South Clinton                      is claimed as CBI. In addition to one
                                                at http://www2.epa.gov/lead/forms/                      Ave., Rochester, NY 14620; telephone                  complete version of the comment that
                                                contact-us or the technical persons                     number: 1–800–424 –LEAD (5323);                       includes information claimed as CBI, a
                                                listed under FOR FURTHER INFORMATION                    online information request form:                      copy of the comment that does not
                                                CONTACT on or before May 26, 2015.                      http://www2.epa.gov/lead/forms/lead-                  contain the information claimed as CBI


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                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                                 27623

                                                must be submitted for inclusion in the                  2010 must meet only the negative-                     materials to the docket until July 6,
                                                public docket. Information so marked                    response criterion outlined in 40 CFR                 2015.
                                                will not be disclosed except in                         745.88(c)(1). The negative-response
                                                                                                                                                              III. References
                                                accordance with procedures set forth in                 criterion states that for paint containing
                                                40 CFR part 2.                                          lead at or above the regulated level, 1.0               As indicated under ADDRESSES, a
                                                   2. Tips for preparing your comments.                 mg/cm2 or 0.5 percent by weight, a                    docket has been established for this
                                                When submitting comments, remember                      demonstrated probability (with 95%                    rulemaking under docket ID number
                                                to:                                                     confidence) of a negative response less               EPA–HQ–OPPT–2005–0049. The docket
                                                   i. Identify this document by docket ID               than or equal to 5 percent of the time                includes this document and other
                                                number and other identifying                            must be met. The recognition of kits that             information.
                                                information (subject heading, Federal                   meet only this criterion will last until              EPA. Lead; Renovation, Repair, and Painting
                                                Register date and page number).                         EPA publicizes its recognition of the                    Program; Final Rule. Federal Register,
                                                   ii. Follow directions. Follow the                    first test kit that meets both of the                    April 22, 2008 (73 FR 21692) (FRL–
                                                detailed instructions as provided under                 criteria outlined in the rule.                           8355–7).
                                                ADDRESSES. Respond to specific                             Lead test kits recognized after                      Authority: 15 U.S.C. 2601 et seq.
                                                questions posed by the Agency.                          September 1, 2010 must meet both the
                                                   iii. Explain why you agree or disagree;                                                                      Dated: May 8, 2015.
                                                                                                        negative-response and positive-response
                                                suggest alternatives.                                                                                         James Jones,
                                                                                                        criteria outlined in 40 CFR 745.88(c)(1)–
                                                   iv. Describe any assumptions and                     (2). The positive-response criterion                  Assistant Administrator, Office of Chemical
                                                provide any technical information and/                                                                        Safety and Pollution Prevention.
                                                                                                        states that for paint containing lead
                                                or data that you used.                                  below the regulated level, 1.0 mg/cm2 or              [FR Doc. 2015–11669 Filed 5–13–15; 8:45 am]
                                                   v. If you estimate potential costs or                                                                      BILLING CODE 6560–50–P
                                                                                                        0.5% by weight, a demonstrated
                                                burdens, explain how you arrived at
                                                                                                        probability (with 95% confidence) of a
                                                your estimate in sufficient detail to
                                                                                                        positive response less than or equal to
                                                allow for it to be reproduced by the                                                                          DEPARTMENT OF THE INTERIOR
                                                                                                        10% of the time must be met.
                                                Agency and others.
                                                   vi. Provide specific examples to                     Qualitatively speaking, lead test kits
                                                                                                        recognized by EPA should also serve as                Office of the Secretary
                                                illustrate your concerns and suggest
                                                alternatives.                                           a quick, inexpensive, reliable, and easy
                                                                                                        to perform option for lead-based paint                43 CFR Part 2
                                                   vii. Explain your views as clearly as
                                                possible, avoiding the use of profanity                 testing in the field.                                 [156D0102DM/DS10700000/
                                                                                                           Despite the EPA’s commitment of                    DMSN00000.000000/DX.10701.CEN00000]
                                                or personal threats.
                                                   viii. Make sure to submit your                       resources to this effort, to date no test             RIN 1090–AB10
                                                comments by the comment period                          kit has met both of the performance
                                                deadline identified in this document.                   criteria outlined in the RRP rule.                    Privacy Act Regulations
                                                                                                        However, there are two EPA-recognized
                                                II. Background                                          test kits commercially available                      AGENCY:    Office of the Secretary, Interior.
                                                   In the Federal Register of April 22,                 nationwide that meet the false-negative               ACTION:   Proposed rule.
                                                2008 (73 FR 21692) (FRL–8355–7), EPA                    criterion and continue to be recognized               SUMMARY:    The Department of the
                                                published the Lead-Based Paint                          by EPA. Therefore, in an effort to                    Interior is proposing to amend its
                                                Renovation, Repair and Painting rule,                   understand the current state of the                   regulations to exempt certain records in
                                                which requires contractors to use lead-                 science for lead test kits and lead-based             the Indian Arts and Crafts Board system
                                                safe work practices during renovation,                  paint field testing alternatives, as well             of records from one or more provisions
                                                repair, and painting activities that                    as the existing market and potential                  of the Privacy Act because of criminal,
                                                disturb lead-based paint in target                      availability of additional test kits, EPA             civil, and administrative law
                                                housing and child-occupied facilities                   is soliciting input from relevant                     enforcement requirements.
                                                built before 1978 unless a determination                stakeholders. EPA is convening a
                                                                                                                                                              DATES: Submit written comments on or
                                                can be made that no lead-based paint                    meeting and webinar for interested
                                                                                                        stakeholders and the public on                        before July 13, 2015.
                                                would be disturbed during the
                                                renovation or repair. The use of an EPA-                Thursday, June 4, 2015 to seek                        ADDRESSES: Send written comments,
                                                recognized lead test kit, when used by                  information related to: (1) The existing              identified by RIN number 1090–AB10,
                                                a trained professional, can reliably                    market for lead test kits as referenced in            by one of the following methods:
                                                determine that regulated lead-based                     the 2008 RRP rule; (2) the development                  • Federal e-Rulemaking Portal:
                                                paint is not present by virtue of a                     or modification of lead test kit(s) that              http://www.regulations.gov. Follow the
                                                negative result. The federal standards                  may meet EPA’s positive-response                      instructions for submitting comments.
                                                for lead-based paint in target housing                  criterion (in addition to the negative-                 • Mail: Teri Barnett, Departmental
                                                and child-occupied facilities is a lead                 response criterion); and (3) other                    Privacy Officer, U.S. Department of the
                                                content in paint that equals or exceeds                 alternatives for lead-based paint field               Interior, 1849 C Street NW., Mail Stop
                                                a level of 1.0 milligram per square                     testing. EPA will provide further                     5547 MIB, Washington, DC 20240.
                                                centimeter (mg/cm2) or 0.5 percent by                   information regarding topics to be                      • Email: Teri Barnett, Departmental
                                                weight. If regulated lead-based paint is                discussed at the meeting in an                        Privacy Officer, U.S. Department of the
                                                                                                                                                              Interior, Privacy@ios.doi.gov.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                not present, there is no requirement to                 Information Document to be posted on
                                                employ lead-safe work practices under                   www2.epa.gov/lead and placed in the                   FOR FURTHER INFORMATION CONTACT: Teri
                                                the RRP rule.                                           docket for this action. Meeting                       Barnett, Departmental Privacy Officer,
                                                   The RRP rule established negative-                   participants and other interested parties             U.S. Department of the Interior, 1849 C
                                                response and positive-response criteria                 who wish to respond in writing to the                 Street NW., Mail Stop 5547 MIB,
                                                outlined in 40 CFR 745.88(c) for lead                   requested lead test kit topics outlined               Washington, DC 20240. Email at
                                                test kits recognized by EPA. Lead test                  above, as well as the forthcoming                     Privacy@ios.doi.gov.
                                                kits recognized before September 1,                     Information Docket, may submit written                SUPPLEMENTARY INFORMATION:



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Document Created: 2015-12-15 15:33:03
Document Modified: 2015-12-15 15:33:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of meeting.
DatesThe meeting will be held on Thursday, June 4, 2015 from 10 a.m. to 12 p.m.
ContactFor 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
FR Citation80 FR 27621 

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