80_FR_79579 80 FR 79335 - Lead; Renovation, Repair and Painting Program; Lead Test Kit; Notice of Opening of Comment Period

80 FR 79335 - Lead; Renovation, Repair and Painting Program; Lead Test Kit; Notice of Opening of Comment Period

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79335-79336
FR Document2015-31994

EPA is opening a comment period to allow for further public comment on lead test kits and other field testing options as suggested in EPA's Fiscal Year 2015 Appropriations Act policy rider. Among other things, the 2008 Lead Renovation, Repair, and Painting rule (RRP) 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 for lead test kits recognized by EPA. No lead test kit has been developed that meets the positive response criterion. On June 4, 2015, EPA hosted a public meeting and webinar to solicit input from stakeholders 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 lead test kits. To date, no company's lead test kit has met both the negative response and positive response criteria outlined in the RRP rule. Based on stakeholder input, EPA is unaware of any lead test kit available now or in the foreseeable future that would meet both of the performance criteria.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79335-79336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31994]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0780; FRL-9939-68]


Lead; Renovation, Repair and Painting Program; Lead Test Kit; 
Notice of Opening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is opening a comment period to allow for further public 
comment on lead test kits and other field testing options as suggested 
in EPA's Fiscal Year 2015 Appropriations Act policy rider. Among other 
things, the 2008 Lead Renovation, Repair, and Painting rule (RRP) 
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 for lead test kits recognized 
by EPA. No lead test kit has been developed that meets the positive 
response criterion. On June 4, 2015, EPA hosted a public meeting and 
webinar to solicit input from stakeholders 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 lead test kits. To date, no 
company's lead test kit has met both the negative response and positive 
response criteria outlined in the RRP rule. Based on stakeholder input, 
EPA is unaware of any lead test kit available now or in the foreseeable 
future that would meet both of the performance criteria.

DATES: Comments must be received on or before February 19, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2015-0780, 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.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets. The docket for this action will remain open until 
February 19, 2016.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
    The Agency's lead information Contact Us form at http://www2.epa.gov/lead/forms/contact-us or visit www2.epa.gov/lead. You may 
also contact 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: goodlow.toiya@epa.gov.
    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. 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 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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    On April 22, 2008, EPA published the Lead Renovation, Repair, and 
Painting rule. It 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 (Ref. 1). 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

[[Page 79336]]

criterion states that for paint containing lead at or above the 
regulated level, 1.0 mg/cm\2\ or 0.5% by weight, a demonstrated 
probability (with 95% confidence) of a negative response less than or 
equal to 5% 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 lead test kit that meets both the negative and positive 
response 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) and (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.
    To date no lead test kit has met both of the performance criteria 
outlined in the RRP rule. However, there are two EPA-recognized lead 
test kits commercially available nationwide that meet the negative 
response criterion and continue to be recognized by EPA on such basis.
    The report accompanying the EPA Fiscal Year 2015 Appropriations Act 
included a policy rider that states:

    Lead Test Kit-In 2008, EPA adopted the Lead Renovation, Repair, 
and Painting rule which included criteria by which the Agency could 
certify a test kit that contractors could use onsite to comply with 
the rule; yet, 6 years later no kit has been developed that meet 
these standards. The Agency is directed to prioritize efforts with 
stakeholders in fiscal year 2015 to identity solutions that would 
allow for a test kit to meet the criteria within the 2008 rule to 
reduce costs for consumers, remodelers and families to comply with 
the rule. If no solution is reached by the end of the fiscal year, 
EPA should revisit the test kit criteria in the 2008 rule and 
solicit public comment on alternatives (Ref. 2).

    In response, EPA solicited input from stakeholders 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 lead test kits (Ref. 
3). On June 4, 2015, EPA hosted a public meeting and webinar with 
stakeholders including lead test kit developers and manufacturers, non-
governmental organizations, trade associations, National Lead 
Laboratory Accreditation Program (NLLAP) accreditation organizations 
and laboratories, and state and federal government staff members. 
Ninety-five people participated in the meeting and 12 public comments 
were submitted to the public docket. EPA also held three individual 
meetings with lead test kit developers and trade associations.
    EPA has carefully reviewed the comments and recommendations 
received through these stakeholder outreach efforts. Stakeholders 
provided comments on the following topics: lead test kits, X-Ray 
Fluorescence (XRF) testing, limiting the scope of the RRP rule, NLLAP 
testing, the lead-based paint definition, EPA's Environmental 
Technology Verification (ETV) Program, the economic analysis supporting 
the RRP rule, and harmonization of regulatory standards. Based on 
stakeholder input, EPA is unaware of any lead test kit available now or 
in the foreseeable future that would meet both the positive response 
and negative response criteria. EPA concluded that no recommendation 
received thus far would provide an immediate solution to allow for a 
lead test kit that would meet both of the performance criteria and have 
the potential to ``reduce costs for consumers, remodelers and 
families,'' per the EPA Fiscal Year 2015 Appropriations Act policy 
rider.
    At this time, EPA has no plans or resources to sponsor additional 
testing of kits as was done previously through the agency's ETV 
Program. However, lead test kit manufacturers are allowed at any time 
to submit to EPA data on their kit's performance that is based on an 
EPA approved ETV-equivalent test protocol. If a newly-developed lead 
test kit is shown to meet both the positive response and negative 
response criteria, EPA would recognize the lead test kit as meeting 
both criteria under 40 CFR 745.88(c).
    Given this current status and the input received from stakeholders, 
EPA is opening a comment period to allow for further public comment on 
lead test kits and other field testing options as suggested in EPA 
Fiscal Year 2015 Appropriations Act policy rider. Without proposing any 
regulatory amendments at this time, EPA is specifically soliciting 
comment on the following potential lead test kit and field testing 
options:
     Proposing to eliminate the positive response criterion;
     Proposing to modify the positive response criterion;
     Maintaining the current negative response and positive 
response criteria;
     Proposing to provide reduced RRP certification training 
requirements for XRF technicians; and
     Exploring any other lead-based paint field testing 
technology that would provide reduced costs for consumers, remodelers 
and families to comply with the RRP rule.
    Commenters should provide technical information and data used to 
substantiate your recommendation. See the commenting tips at http://www2.epa.gov/dockets/commenting-epa-dockets#tips for further 
information on preparing and submitting comments. Comments must be 
received on or before February 19, 2016.
    Additionally and separately, EPA will provide a subsequent 
opportunity to provide public comment through the Regulatory 
Flexibility Act, section 610, review of the RRP rule. Public comments 
requested at that time will be related to broader stakeholder 
recommendations regarding the RRP rule. For more information about the 
Regulatory Flexibility Act, section 610, reviews, please visit http://www2.epa.gov/reg-flex/section-610-reviews.

III. References

    As indicated under ADDRESSES, a docket has been established for 
this notice under docket ID number EPA-HQ-OPPT-2015-0780. The following 
is a listing of the documents that are specifically referenced in this 
document. The docket includes these documents and other information 
considered by EPA, including documents that are referenced within the 
documents that are included in the docket, even if the referenced 
document is not physically located in the docket. For assistance in 
locating these other documents, please consult the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. Lead; Renovation, Repair, and Painting Program; Final Rule, 
Federal Register, April 22, 2008 (73 FR 21692) (FRL-8355-7).
2. 160 Cong. Rec. H9,307, H9,767 (daily ed. Dec. 11, 2014) 
(Explanatory Statement Submitted by Mr. Rogers of Kentucky, Chairman 
of the House Committee on Appropriations regarding the House 
Amendment to the Senate Amendment on H.R. 83) (mentioning lead test 
kits).
3. EPA. Lead; Renovation, Repair and Painting Program; Lead Test Kit 
Stakeholder Meeting; Notice of Public Meeting. Federal Register, May 
14, 2015 (80 FR 27621) (FRL-9927-40).


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

    Dated: December 14, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2015-31994 Filed 12-18-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices                                            79335

                                                  the requirements of the APA, and are,                   future that would meet both of the                    required under the RRP rule to perform
                                                  therefore, not subject to the UMRA.                     performance criteria.                                 renovations for compensation in target
                                                    Authority: This action is taken under the             DATES: Comments must be received on                   housing or child-occupied facilities.
                                                  authority of Section 402 of the Clean Water             or before February 19, 2016.                          Examples of child-occupied facilities
                                                  Act as amended, 42 U.S.C. 1342. I hereby                ADDRESSES: Submit your comments,
                                                                                                                                                                are day-care centers, preschools, and
                                                  provide public notice of the Draft General              identified by docket identification (ID)              kindergarten classrooms.
                                                  Permit for Federal Aquaculture Facilities and
                                                  Aquaculture Facilities Located in Indian
                                                                                                          number EPA–HQ–OPPT–2015–0780, by                      B. What should I consider as I prepare
                                                  Country within the Boundaries of                        one of the following methods:                         my comments for EPA?
                                                  Washington State in accordance with 40 CFR                • Federal eRulemaking Portal: http://                  1. Submitting CBI. Do not submit this
                                                  124.10.                                                 www.regulations.gov. Follow the online                information to EPA through
                                                    Dated: December 14, 2015.
                                                                                                          instructions for submitting comments.                 regulations.gov or email. Clearly mark
                                                                                                          Do not submit electronically any                      the part or all of the information that
                                                  Daniel D. Opalski,
                                                                                                          information you consider to be                        you claim to be CBI. For CBI
                                                  Director, Office of Water and Watersheds,               Confidential Business Information (CBI)
                                                  Region 10.                                                                                                    information in a disk or CD–ROM that
                                                                                                          or other information whose disclosure is              you mail to EPA, mark the outside of the
                                                  [FR Doc. 2015–32026 Filed 12–18–15; 8:45 am]
                                                                                                          restricted by statute.                                disk or CD–ROM as CBI and then
                                                  BILLING CODE 6560–50–P                                    • Mail: Document Control Office                     identify electronically within the disk or
                                                                                                          (7407M), Office of Pollution Prevention               CD–ROM the specific information that
                                                                                                          and Toxics (OPPT), Environmental                      is claimed as CBI. In addition to one
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          Protection Agency, 1200 Pennsylvania                  complete version of the comment that
                                                  AGENCY
                                                                                                          Ave. NW., Washington, DC 20460–0001.                  includes information claimed as CBI, a
                                                                                                            • Hand Delivery: To make special                    copy of the comment that does not
                                                  [EPA–HQ–OPPT–2015–0780; FRL–9939–68]
                                                                                                          arrangements for hand delivery or                     contain the information claimed as CBI
                                                  Lead; Renovation, Repair and Painting                   delivery of boxed information, please                 must be submitted for inclusion in the
                                                  Program; Lead Test Kit; Notice of                       follow the instructions at http://www.                public docket. Information so marked
                                                  Opening of Comment Period                               epa.gov/dockets/contacts.html.                        will not be disclosed except in
                                                                                                            Additional instructions on                          accordance with procedures set forth in
                                                  AGENCY: Environmental Protection                        commenting or visiting the docket,                    40 CFR part 2.
                                                  Agency (EPA).                                           along with more information about                        2. Tips for preparing your comments.
                                                  ACTION: Notice.                                         dockets generally, is available at http://            When preparing and submitting your
                                                                                                          www.epa.gov/dockets. The docket for                   comments, see the commenting tips at
                                                  SUMMARY:    EPA is opening a comment                    this action will remain open until                    http://www.epa.gov/dockets/
                                                  period to allow for further public                      February 19, 2016.                                    comments.html.
                                                  comment on lead test kits and other                     FOR FURTHER INFORMATION CONTACT: For
                                                  field testing options as suggested in                                                                         II. What action is the Agency taking?
                                                                                                          technical information contact:
                                                  EPA’s Fiscal Year 2015 Appropriations                     The Agency’s lead information                          On April 22, 2008, EPA published the
                                                  Act policy rider. Among other things,                   Contact Us form at http://www2.epa.                   Lead Renovation, Repair, and Painting
                                                  the 2008 Lead Renovation, Repair, and                   gov/lead/forms/contact-us or visit                    rule. It requires contractors to use lead-
                                                  Painting rule (RRP) established                         www2.epa.gov/lead. You may also                       safe work practices during renovation,
                                                  performance recognition criteria for lead               contact Toiya Goodlow, National                       repair, and painting activities that
                                                  test kits for use as an option to                       Program Chemicals Division (7404M),                   disturb lead-based paint in target
                                                  determine if regulated lead-based paint                 Office of Pollution Prevention and                    housing and child-occupied facilities
                                                  is not present in target housing and                    Toxics, Environmental Protection                      built before 1978 unless a determination
                                                  child-occupied facilities. The use of an                Agency, 1200 Pennsylvania Ave. NW.,                   can be made that no lead-based paint
                                                  EPA-recognized lead test kit, when used                 Washington, DC 20460; telephone                       would be disturbed during the
                                                  by a trained professional, can reliably                 number: (202) 566–2305; email address:                renovation or repair (Ref. 1). The use of
                                                  determine that regulated lead-based                     goodlow.toiya@epa.gov.                                an EPA-recognized lead test kit, when
                                                  paint is not present by virtue of a                       For general information contact: The                used by a trained professional, can
                                                  negative result. The RRP rule also                      National Lead Information Center,                     reliably determine that regulated lead-
                                                  established negative response and                       ABVI-Goodwill, 422 South Clinton                      based paint is not present by virtue of
                                                  positive response criteria for lead test                Ave., Rochester, NY 14620; telephone                  a negative result. The federal standards
                                                  kits recognized by EPA. No lead test kit                number: 1–800–424–LEAD (5323);                        for lead-based paint in target housing
                                                  has been developed that meets the                       online information request form: http://              and child-occupied facilities is a lead
                                                  positive response criterion. On June 4,                 www2.epa.gov/lead/forms/lead-hotline-                 content in paint that equals or exceeds
                                                  2015, EPA hosted a public meeting and                   national-lead-information-center.                     a level of 1.0 milligram per square
                                                  webinar to solicit input from                                                                                 centimeter (mg/cm2) or 0.5 percent by
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  stakeholders in an effort to understand                                                                       weight. If regulated lead-based paint is
                                                  the current state of the science for lead               I. General Information                                not present, there is no requirement to
                                                  test kits and lead-based paint field                                                                          employ lead-safe work practices under
                                                  testing alternatives, as well as the                    A. Does this action apply to me?
                                                                                                                                                                the RRP rule.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  existing market and potential                             This document is directed to                           The RRP rule established negative
                                                  availability of additional lead test kits.              stakeholders that develop, manufacture                response and positive response criteria
                                                  To date, no company’s lead test kit has                 and/or sell lead test kits or other lead-             outlined in 40 CFR 745.88(c) for lead
                                                  met both the negative response and                      based paint field testing instruments.                test kits recognized by EPA. Lead test
                                                  positive response criteria outlined in the              You may be potentially affected by this               kits recognized before September 1,
                                                  RRP rule. Based on stakeholder input,                   action if you manufacture or sell lead                2010, must meet only the negative
                                                  EPA is unaware of any lead test kit                     test kits, or if you use lead test kits to            response criterion outlined in 40 CFR
                                                  available now or in the foreseeable                     determine if lead-safe work practices are             745.88(c)(1). The negative response


                                             VerDate Sep<11>2014   17:38 Dec 18, 2015   Jkt 238001   PO 00000   Frm 00034   Fmt 4703   Sfmt 4703   E:\FR\FM\21DEN1.SGM   21DEN1


                                                  79336                      Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices

                                                  criterion states that for paint containing              accreditation organizations and                         • Exploring any other lead-based
                                                  lead at or above the regulated level, 1.0               laboratories, and state and federal                   paint field testing technology that
                                                  mg/cm2 or 0.5% by weight, a                             government staff members. Ninety-five                 would provide reduced costs for
                                                  demonstrated probability (with 95%                      people participated in the meeting and                consumers, remodelers and families to
                                                  confidence) of a negative response less                 12 public comments were submitted to                  comply with the RRP rule.
                                                  than or equal to 5% of the time must be                 the public docket. EPA also held three                  Commenters should provide technical
                                                  met. The recognition of kits that meet                  individual meetings with lead test kit                information and data used to
                                                  only this criterion will last until EPA                 developers and trade associations.                    substantiate your recommendation. See
                                                  publicizes its recognition of the first                    EPA has carefully reviewed the                     the commenting tips at http://www2.
                                                  lead test kit that meets both the negative              comments and recommendations                          epa.gov/dockets/commenting-epa-
                                                  and positive response criteria outlined                 received through these stakeholder                    dockets#tips for further information on
                                                  in the rule.                                            outreach efforts. Stakeholders provided               preparing and submitting comments.
                                                    Lead test kits recognized after                       comments on the following topics: lead                Comments must be received on or
                                                  September 1, 2010, must meet both the                   test kits, X-Ray Fluorescence (XRF)                   before February 19, 2016.
                                                  negative response and positive response                 testing, limiting the scope of the RRP                  Additionally and separately, EPA will
                                                  criteria outlined in 40 CFR 745.88(c)(1)                rule, NLLAP testing, the lead-based                   provide a subsequent opportunity to
                                                  and (2). The positive response criterion                paint definition, EPA’s Environmental                 provide public comment through the
                                                  states that for paint containing lead                   Technology Verification (ETV) Program,                Regulatory Flexibility Act, section 610,
                                                  below the regulated level, 1.0 mg/cm2 or                the economic analysis supporting the                  review of the RRP rule. Public
                                                  0.5% by weight, a demonstrated                          RRP rule, and harmonization of                        comments requested at that time will be
                                                  probability (with 95% confidence) of a                  regulatory standards. Based on                        related to broader stakeholder
                                                  positive response less than or equal to                 stakeholder input, EPA is unaware of                  recommendations regarding the RRP
                                                  10% of the time must be met.                            any lead test kit available now or in the             rule. For more information about the
                                                  Qualitatively speaking, lead test kits                  foreseeable future that would meet both               Regulatory Flexibility Act, section 610,
                                                  recognized by EPA should also serve as                  the positive response and negative                    reviews, please visit http://www2.epa.
                                                  a quick, inexpensive, reliable, and easy                response criteria. EPA concluded that
                                                                                                                                                                gov/reg-flex/section-610-reviews.
                                                  to perform option for lead-based paint                  no recommendation received thus far
                                                  testing in the field.                                   would provide an immediate solution to                III. References
                                                    To date no lead test kit has met both                 allow for a lead test kit that would meet                As indicated under ADDRESSES, a
                                                  of the performance criteria outlined in                 both of the performance criteria and                  docket has been established for this
                                                  the RRP rule. However, there are two                    have the potential to ‘‘reduce costs for              notice under docket ID number EPA–
                                                  EPA-recognized lead test kits                           consumers, remodelers and families,’’                 HQ–OPPT–2015–0780. The following is
                                                  commercially available nationwide that                  per the EPA Fiscal Year 2015                          a listing of the documents that are
                                                  meet the negative response criterion and                Appropriations Act policy rider.                      specifically referenced in this
                                                  continue to be recognized by EPA on                        At this time, EPA has no plans or
                                                                                                                                                                document. The docket includes these
                                                  such basis.                                             resources to sponsor additional testing
                                                                                                                                                                documents and other information
                                                    The report accompanying the EPA                       of kits as was done previously through
                                                                                                                                                                considered by EPA, including
                                                  Fiscal Year 2015 Appropriations Act                     the agency’s ETV Program. However,
                                                                                                                                                                documents that are referenced within
                                                  included a policy rider that states:                    lead test kit manufacturers are allowed
                                                                                                                                                                the documents that are included in the
                                                                                                          at any time to submit to EPA data on
                                                     Lead Test Kit-In 2008, EPA adopted the                                                                     docket, even if the referenced document
                                                                                                          their kit’s performance that is based on
                                                  Lead Renovation, Repair, and Painting rule                                                                    is not physically located in the docket.
                                                                                                          an EPA approved ETV-equivalent test
                                                  which included criteria by which the Agency                                                                   For assistance in locating these other
                                                  could certify a test kit that contractors could
                                                                                                          protocol. If a newly-developed lead test
                                                                                                                                                                documents, please consult the technical
                                                  use onsite to comply with the rule; yet, 6              kit is shown to meet both the positive
                                                                                                                                                                person listed under FOR FURTHER
                                                  years later no kit has been developed that              response and negative response criteria,
                                                                                                                                                                INFORMATION CONTACT.
                                                  meet these standards. The Agency is directed            EPA would recognize the lead test kit as
                                                  to prioritize efforts with stakeholders in fiscal       meeting both criteria under 40 CFR                    1. EPA. Lead; Renovation, Repair, and
                                                  year 2015 to identity solutions that would              745.88(c).                                                 Painting Program; Final Rule, Federal
                                                  allow for a test kit to meet the criteria within           Given this current status and the                       Register, April 22, 2008 (73 FR 21692)
                                                  the 2008 rule to reduce costs for consumers,                                                                       (FRL–8355–7).
                                                                                                          input received from stakeholders, EPA
                                                  remodelers and families to comply with the                                                                    2. 160 Cong. Rec. H9,307, H9,767 (daily ed.
                                                                                                          is opening a comment period to allow                       Dec. 11, 2014) (Explanatory Statement
                                                  rule. If no solution is reached by the end of
                                                                                                          for further public comment on lead test                    Submitted by Mr. Rogers of Kentucky,
                                                  the fiscal year, EPA should revisit the test kit
                                                  criteria in the 2008 rule and solicit public            kits and other field testing options as                    Chairman of the House Committee on
                                                  comment on alternatives (Ref. 2).                       suggested in EPA Fiscal Year 2015                          Appropriations regarding the House
                                                                                                          Appropriations Act policy rider.                           Amendment to the Senate Amendment
                                                    In response, EPA solicited input from                 Without proposing any regulatory                           on H.R. 83) (mentioning lead test kits).
                                                  stakeholders in an effort to understand                 amendments at this time, EPA is                       3. EPA. Lead; Renovation, Repair and
                                                  the current state of the science for lead               specifically soliciting comment on the                     Painting Program; Lead Test Kit
                                                  test kits and lead-based paint field                                                                               Stakeholder Meeting; Notice of Public
                                                                                                          following potential lead test kit and
                                                  testing alternatives, as well as the                                                                               Meeting. Federal Register, May 14, 2015
                                                                                                          field testing options:                                     (80 FR 27621) (FRL–9927–40).
                                                  existing market and potential                              • Proposing to eliminate the positive
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  availability of additional lead test kits               response criterion;                                     Authority: 15 U.S.C. 2601 et seq.
                                                  (Ref. 3). On June 4, 2015, EPA hosted a                    • Proposing to modify the positive
                                                  public meeting and webinar with                                                                                 Dated: December 14, 2015.
                                                                                                          response criterion;
                                                  stakeholders including lead test kit                       • Maintaining the current negative                 James Jones,
                                                  developers and manufacturers, non-                      response and positive response criteria;              Assistant Administrator, Office of Chemical
                                                  governmental organizations, trade                          • Proposing to provide reduced RRP                 Safety and Pollution Prevention.
                                                  associations, National Lead Laboratory                  certification training requirements for               [FR Doc. 2015–31994 Filed 12–18–15; 8:45 am]
                                                  Accreditation Program (NLLAP)                           XRF technicians; and                                  BILLING CODE 6560–50–P




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Document Created: 2015-12-19 02:56:43
Document Modified: 2015-12-19 02:56:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before February 19, 2016.
ContactFor technical information contact:
FR Citation80 FR 79335 

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