Lead; Requirements for Hazard Education Before Renovation of Target Housing; Proposed Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62131; FRL-4637-5]

RIN 2070-AC65

Lead; Requirements for Hazard Education Before Renovation of

Target Housing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: As mandated by Title IV of the Toxic Substances Control Act,

EPA proposes requirements to ensure that owners and occupants of target

housing fully understand the potential hazards of lead-based paint

exposure before certain renovations are begun on that housing.

Specifically, before renovating target housing for compensation,

renovators would be required to provide an EPA lead hazard information

pamphlet to the owners and occupants of the housing. In addition to

providing general information on the health hazards associated with

lead, this information pamphlet would advise owners and occupants to

take appropriate precautions to avoid exposures to lead-contaminated

dust and lead-based paint debris that is sometimes generated during

renovations.

DATES: Written comments in response to this proposed rule must be

received on or before May 9, 1994. If persons request an opportunity

for oral comment, EPA will consider holding an informal hearing in

Washington, DC. The exact date, time, and location of such a hearing,

if held, will be announced in the Federal Register. Requests for oral

comment must be received by April 8, 1994. EPA will decide whether to

hold such a hearing by April 28, 1994.

ADDRESSES: Submit three copies of all written comments to: TSCA

Document Receipts (7407), Rm. NE-G99, Office of Pollution Prevention

and Toxics, Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460. All comments on this proposed rule should be

identified by the docket number OPPTS-62131. For further information

regarding the submission of comments containing confidential business

information, see Unit X of this preamble.

FOR FURTHER INFORMATION CONTACT: For general information contact: Susan

B. Hazen, Director, Environmental Assistance Division (7408), Office of

Pollution Prevention and Toxics, Environmental Protection Agency, 401 M

St., SW., Washington, DC 20460, Telephone: 202-554-1404, TDD: 202-554-

0551. For technical information contact: Charles Franklin, Chemical

Management Division (7404), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460,

Telephone: 202-260-1781, Fax number: 202-260-0770.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

This proposed rule is issued under the authority of section 406(b)

of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2686(b). TSCA was

amended in 1992 to add Title IV, entitled Lead Exposure Reduction, by

section 1021 of the Residential Lead-Based Paint Hazard Reduction Act

of 1992, Pub. L. 102-550.

II. Background

A. Legal Background

In 1992, Congress, recognizing the need to control the hazards of

exposure to lead-based paint, passed the Residential Lead-Based Paint

Hazard Reduction Act of 1992, Pub. L. 102-550 (``the Act''). Congress

recognized that lead-poisoning is a particular threat to children under

age 6, and emphasized the needs of this vulnerable population within

the Act. The stated purposes of the Act are: (1) To develop a strategy

to build the infrastructure necessary to eliminate lead-based paint

hazards in all housing as expeditiously as possible; (2) to reorient

the national approach to the presence of lead-based paint in housing to

implement, on a priority basis, a broad program to evaluate and reduce

lead-based paint hazards in the Nation's housing stock; (3) to

encourage effective action to prevent childhood lead-poisoning by

establishing a workable framework for lead-based paint hazard

evaluation and reduction and by ending the current confusion over

reasonable standards of care; (4) to ensure that the existence of lead-

based paint hazards is taken into account in the development of

Government housing policies and in the sale, rental, and renovation of

homes and apartments; (5) to mobilize national resources expeditiously,

through a partnership among all levels of government and the private

sector, to develop the most promising, cost-effective methods for

evaluating and reducing lead-based paint hazards; (6) to reduce the

threat of childhood lead-poisoning in housing owned, assisted, or

transferred by the Federal Government; and (7) to educate the public

concerning the hazards and sources of lead-based paint poisoning and

steps to reduce and eliminate such hazards (section 1003 of the Act).

Actions under some sections of the Act are to be developed and

administered by the Department of Housing and Urban Development (HUD),

some by EPA, and some jointly accomplished by both agencies. Several of

the sections call for EPA consultation with other Federal agencies.

Section 1021 of the Act amends TSCA (15 U.S.C. 2601, et seq.) by adding

Title IV, entitled ``Lead Exposure Reduction.''

Today's proposed rule is issued under the authority of section

406(b) of TSCA's Title IV. Section 406(b) directs EPA to issue

requirements for the provision of a lead hazard pamphlet (developed

under section 406(a)) to owners and occupants of target housing before

persons performing renovation work for compensation begin such

activities.

Below is a more detailed discussion of several related provisions

of the Act which provides context for many of the decisions made during

the development of this proposed rule.

Section 406(a) of TSCA requires EPA to publish, after consultation

with HUD and the Department of Health and Human Services (HHS), and

after notice and an opportunity for public comment, a pamphlet on lead

and the hazards of exposure to lead-based paint in the home. The

availability of this pamphlet for public comment is published elsewhere

in this issue of the Federal Register. Following the 60-day comment

period, EPA will incorporate comments as appropriate and announce the

availability of the revised final version of the pamphlet in the

Federal Register. In addition to outlining health effects and symptoms

of lead exposure, section 406(a) requires that this pamphlet contain

information on the potential hazards of renovating dwellings containing

lead-based paint; recommend the performance of an inspection or risk

assessment for lead-based paint before beginning renovations in target

housing; suggest precautionary measures for protecting occupants during

renovations in homes containing lead-based paint; and identify Federal,

State, and local sources of information on lead and lead-based paint.

Section 402(c)(1) of TSCA directs EPA to issue guidelines for the

conduct of renovation and remodeling activities which may create a risk

of exposure to dangerous levels of lead when performed in target

housing, public buildings constructed before 1978, and commercial

buildings.

Section 401 of TSCA provides a general definition of a lead-based

paint hazard. Congress directed EPA under section 403 to issue

regulations defining this term more specifically.

Section 404 of TSCA directs EPA to develop an application process

for those States or Tribes which seek to administer and enforce the

standards, regulations, and requirements established under sections 402

and/or 406. Section 404 also directs EPA to develop and issue a Model

State Program for use by States/Tribes pursuing authorization under

these provisions. The authorization process for States and Tribes will

be proposed by EPA in a separate rulemaking in the Federal Register,

including specific definitions for the terms ``State'' and ``Tribe.''

This proposed rule does, however, include information on the model

State/Tribal program for the provisions required under section 406.

Two sections of the Residential Lead-Based Paint Hazard Reduction

Act of 1992 also require the dissemination of EPA's lead hazard

pamphlet that is being developed pursuant to section 406(a) of TSCA.

First, section 1018 requires EPA and HUD to promulgate joint

regulations for disclosure of lead-based paint hazards in target

housing which is offered for sale or lease. The section 1018

regulations include the requirement that the lead hazard pamphlet be

given to prospective purchasers or lessees. Section 1018 requirements

will be proposed by EPA and HUD in a joint rulemaking in a future issue

of the Federal Register. Second, section 1012 amends section 302 of the

Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4822) to require

the provision of EPA's lead hazard information pamphlet to purchasers

and tenants of Federally-assisted housing by the Secretary of HUD. The

section 1021 requirements are being developed by HUD as a separate

initiative.

B. Lead Background

1. Lead and lead-based paint. Lead is a soft, bluish metallic

element mined from rock and found in its natural state all over the

world. Lead is virtually indestructible, is nonbiodegradable, and has

been known since antiquity for its adaptability in making various

useful items. In modern times it has been used to manufacture many

different products, including paint, batteries, pipes, solder, pottery,

and gasoline. From the turn of the century through the 1940's, paint

manufacturers frequently used lead as a primary ingredient in many oil-

based interior and exterior house paints. Usage gradually decreased

through the 1950's and 60's as latex paints (which are generally lead-

free) became more widespread. Although the Consumer Product Safety

Commission (CPSC) banned lead-based paints from residential use in 1978

(paint currently may not have greater than .06 percent lead by weight),

HUD estimates that 75 percent of the houses built in the United States

before 1978 contain some lead-based paint (Ref. 3). By current

estimations, approximately 57 million homes may contain lead-based

paint (Ref. 3). This lead-based paint may pose a potential hazard to

the occupants under some conditions.

2. Lead hazards. Lead affects virtually every system of the body.

While it is harmful to individuals of all ages, lead exposure is

especially harmful to children, fetuses, and women of childbearing age.

Results of recent studies suggest that lead's adverse effects occur at

blood-lead levels previously thought to be safe; in fact, there does

not yet appear to be a discernable threshold for the adverse effects of

lead on the young.

Lead poisoning has been called ``the silent disease'' because its

effects often occur gradually and imperceptibly, showing no obvious

symptoms. Over time, low levels of lead in the bloodstream can cause

learning disabilities, interfere with growth, cause permanent hearing

and visual impairment, and cause other damage to the brain and nervous

system. In large doses, lead can cause blindness, brain damage,

convulsions, and even death. Lead exposure before or during pregnancy

can also affect fetal development and cause miscarriages.

In 1991, the Secretary of HHS characterized lead poisoning as the

``number one environmental threat to the health of children in the

United States''(Ref. 1).

Although the percentage of children with elevated blood-lead levels

has declined over the last 20 years with the reduction of lead in

gasoline, millions of U.S. children still have levels of lead in their

blood high enough to seriously threaten their health (Ref. 1).

Lead-based paint poses a health threat through various routes of

exposure. Children under age 6 may ingest lead-based paint chips from

flaking walls, window wells, and doors. Lead from exterior house paint

can flake off or leach into the soil around the outside of a home,

contaminating children's playing areas. Dust caused during normal lead-

based paint wear (especially around windows and doors) can create an

invisible film over surfaces in a house. In some cases, cleaning and

renovation activities can actually increase the threat of lead-based

paint exposure by dispersing fine lead dust particles in the air and

over accessible household surfaces. Both adults and children can

receive hazardous exposures by inhaling the fine dust or by ingesting

paint-dust during hand-to-mouth activities.

III. Definitions

To implement the section 406 requirements, a number of terms need

to be defined. This section will provide the proposed regulatory

definition first in quoted text followed by an explanation of the

definition's source. Where possible, EPA has drawn definitions directly

from Title IV of TSCA. In cases where the statute either failed to

define terms necessary for the rule or did not provide a complete

enough definition, EPA is proposing appropriate definitions, along with

an explanation of their sources and discussion of relevant issues. EPA

is accepting comment on all definitions not taken directly from the

statute.

Unless otherwise indicated, all definitions will be located in

Subpart A at 40 CFR 745.3 (Definitions). Definitions not included in

Subpart A would be applicable only to the specific subpart in which

they appear, in this case, Subpart F.

a. Act means the Toxic Substances Control Act (TSCA), 15 U.S.C.

260 et seq.

b. Administrator means the Administrator of the Environmental

Protection Agency.

c. Common area means a portion of a building generally

accessible to all residents/users including, but not limited to,

hallways, stairways, laundry and recreational rooms, playgrounds,

community centers, and boundary fences.

EPA developed this definition by modifying a definition provided in

HUD's September 1990, version of Lead-Based Paint: Interim Guidelines

for Hazard Identification and Abatement in Public and Indian Housing.

While EPA is proposing this definition for use under the section 406

regulatory requirements, which only addresses target housing, this

definition would potentially be applicable to other rulemakings

required pursuant to TSCA Title IV and the Residential Lead Based Paint

Hazard Reduction Act (Pub. L. 102-550). The modifications to HUD's

definition were necessary to broaden the scope of ``common area'' to

meet the requirements of other rulemakings which may refer to many

types of buildings.

d. Dwelling unit means a single, unified combination of rooms

designed for use as a dwelling by one family.

EPA is proposing to use the same definition promulgated by HUD in a

final rule published in the Federal Register of August 17, 1993 (58 FR

43522).

e. EPA means the Environmental Protection Agency.

f. Lead-based paint means paint or other surface coatings that

contain lead in excess of 1.0 milligrams per centimeter squared or

0.5 percent by weight or (A) in the case of paint or other surface

coatings on target housing, such lower level as may be established

by the Secretary of Housing and Urban Development as defined under

section 302(c) of the Lead-Based Paint Poisoning Prevention Act, or

(B) in the case of any other paint or surface coatings, such other

level as may be established by the Administrator.

This definition appears in section 401(9) of TSCA.

g. Lead-based paint hazard means any condition that causes

exposure to lead from lead-contaminated dust, lead-contaminated

soil, lead contaminated paint that is deteriorated or present in

accessible surfaces, friction surfaces, or impact surfaces that

would result in adverse human health effects in pregnant women or

young children.

This definition appears in section 401(10) of TSCA.

h. Multi-family housing means a housing property consisting of

more than four dwelling units.

EPA has drawn this definition from section 544 of Title V of the

Community Housing and Development Act of 1992 (Pub. L. 102-550). The

provisions of Title V are directed at HUD and do not specifically

address EPA mandates. However, as EPA and HUD will both be involved in

developing regulations involving lead-based paint in housing (including

multi-family housing), EPA believes that its definition should be

consistent with both current and future Federal lead-based paint

regulations.

i. Owner means any individual, partnership, corporation, or

trusteeship that has legal right of possession of residential

property, or any person legally authorized to represent that

individual, partnership, corporation, or trusteeship.

EPA intends to use this definition to clarify that the owner of the

housing should be considered the individual possessing and managing a

property, rather than a bank or other loan-related organization. EPA

invites comment on this definition.

j. Person means any natural person, firm, company, corporation,

joint venture, partnership, sole proprietorship, association, or any

other business entity, any State or political subdivision thereof,

any municipality, any interstate body, any Indian tribe, and any

department, agency, or instrumentality of the Federal government.

EPA is proposing to use the same definition of person as used by

EPA's Asbestos program in 40 CFR 763.63(1), (with the additional

reference to Indian tribe) to clarify that these many types of entities

are also regulated parties.

k. Residential dwelling means (a) a single-family dwelling,

including attached structures such as porches and stoops, or (b) a

single-family dwelling unit in a structure that contains more than

one separate residential dwelling unit, and in which each such unit

is used or occupied, or intended to be used or occupied, in whole or

in part, as the home or residence of one or more persons.

This definition appears in section 401(14) of TSCA.

l. State has the same meaning as in section 3 of the Toxic

Substances Control Act.

m. Target housing means any housing constructed prior to 1978,

except 0-bedroom dwellings, or housing for the elderly or persons

with disabilities (unless any child who is less than 6 years of age

resides or is expected to reside in the dwelling). In the case of

jurisdictions which banned the sale or use of lead-based paint prior

to 1978, the Secretary of Housing and Urban Development, at the

Secretary's discretion, may designate an earlier date.

This definition is provided in section 401(17) of TSCA. The Act

excludes housing constructed after 1978 since lead-based paint was

banned by CPSC from all residential use after that date.

EPA interprets the term ``0-bedroom dwelling'' to mean any dwelling

in which the living area is unseparated from the sleeping area. Under

this definition, efficiencies and studio apartments, loft space, and

single-room dormitory units would be exempt from the requirements of

this proposed rule unless children under 6 years of age reside or may

reside in the unit.

As directed in the statute, the exclusions for 0-bedroom dwelling,

elderly housing, and handicapped housing do not apply to any housing in

which children under 6 years old reside or are expected to reside.

EPA also considered whether Congress intended to include hotels,

motels, inns, and other commercial lodging facilities in the term

``housing.'' Although not specifically stated, EPA believes it is

reasonable to interpret that Congress' intent was to distinguish

residential housing from commercial lodging facilities. Specifically,

the definition of target housing intends to capture housing designed

for long-term or continuous residence (e.g., apartments, condominiums,

and houses), as opposed to lodging facilities offering temporary

accommodations (e.g., hotels and motels). Given the high frequency and

short duration of transactions, EPA believes it is impractical to apply

the requirements of this subpart to rental transactions in motels,

hotels, and other commercial lodging facilities. In cases where

families with children under 6 years of age might rent or purchase such

units as long-term residences, however, EPA believes it is consistent

with the statute for those establishments to be considered target

housing under this subpart's requirements.

EPA requests comment on this definition as it relates to the

requirements under section 406 of TSCA.

n. TSCA means the Toxic Substances Control Act (15 U.S.C. et

seq.)

This definition appears in section 401(9) of TSCA.

o. Renovation means the modifying of any existing structure, or

portion thereof, where exposure to the hazards of lead-based paint

may result, unless the activity is performed as part of a lead

abatement program by a certified contractor, or unless otherwise

regulated by EPA in Subpart G.

Section 406(b) of TSCA directs EPA to issue regulations governing

any person who performs for compensation, a renovation of target

housing. Because the statute fails to define ``renovation,'' EPA has

sought to develop a definition that is both consistent with existing

regulations and effective in addressing the exposure prevention goals

of the statute. EPA is primarily concerned with activities that may

disturb existing lead-based paint, and which may pose a potential

hazard to owners and occupants of the housing. Although such a

distinction is not explicitly stated in the language of section 406(b),

EPA believes that such a distinction is consistent with the hazard

reduction goal of the Residential Lead-Based Paint Hazard Reduction Act

of 1992 and Title IV of TSCA.

EPA is considering a number of approaches to defining the term, and

requests comment on each approach in terms of which could be most

effectively used (individually or in combination) to define

``renovation'' for this rulemaking. The approaches being considered

include:

1. Definition modeled after EPA's Asbestos Program. EPA's preferred

option, as proposed in the regulatory text, is to use a general

definition drawn from language used by EPA's Asbestos program. In 40

CFR 763.121(b), EPA regulations define renovation as ``Modifying of any

existing structure, or portion thereof, where exposure to airborne

asbestos may result.'' By replacing references to asbestos with lead-

based paint, EPA's proposed definition provides a flexible framework

for identifying which activities would be regulated pursuant to the

section 406(b) requirements.

Despite the clear statutory distinction between ``renovation

activities'' and ``lead-based paint activities'', EPA recognizes that

many of the activities identified in the renovation definition may also

be performed as part of lead-based paint abatement programs. In cases

where the activities being performed meet the definition of a lead-

based paint abatement or lead-based paint activity, EPA intends for the

activities to be regulated under the more comprehensive section 402(a)

standards and requirements, and has therefore included an exemption for

any activity separately regulated under the more stringent regulations

to be issued in Subpart G. The regulations governing performance of

lead-based paint activities will be proposed in a separate notice in

the Federal Register in the future. At that time, EPA will propose

specific definitions for lead-based paint activities and abatements,

and will request further comment.

One drawback of such a general definition is that it does not

provide an objective way of identifying which activities are of

concern. This lack of specificity may pose a problem for the regulated

community in complying with the rule and for the government in

effectively enforcing it. For that reason, EPA believes that this

general definition may need to be strengthened by the incorporation of

additional criteria, as offered below.

2. Develop list of specific activities of concern. Recognizing the

need for specific information on what activities are defined as

renovations, EPA is considering incorporating a list of regulated

activities into the definition. Section 402(c) of TSCA directed EPA to

conduct a study of the extent to which persons engaged in various types

of renovation and remodeling activities in target housing, public

buildings constructed before 1978, and commercial buildings are exposed

to lead in the conduct of such activities. In mandating this study,

Congress clearly did not intend for the results to be used as the basis

for developing the TSCA section 406 renovation regulations- -the

deadline for completion of the study is a full 12 months after the

deadline for promulgation of the final section 406 regulations.

Nevertheless, as the activities under study represent EPA's preliminary

determination regarding the universe of activities that may be of

concern, EPA believes that they comprise a logical set of activities

for consideration as renovation activities. The activities being

studied were chosen based on discussions with experts familiar with the

renovation and remodeling industry, and include the following:

(1) Paint removal (e.g., floor refinishing and stairs refinishing).

(2) Surface preparation for painting (both interior and exterior).

(3) Removal of large structures other than roof (e.g., walls,

ceiling, large surface replastering, major replumbing, room additions).

(4) Window replacement.

(5) Enclosure of interior painted surfaces (e.g., wallpapering).

(6) Enclosure of exterior painted surfaces (e.g., siding).

(7) Removal of carpet or other floor coverings (e.g., linoleum).

(8) Repairs or additions with isolated small surface disruption

(e.g., carpentry, replacement of lead painted fixtures, installation of

light fixtures, electrical repair and rewiring, plumbing repair,

insulation addition, furnace cleaning, ceramic tile installation,

counter top replacement, door replacement, storm window installation,

and window repair).

(9) Roofing replacement and repair.

(10) Exterior soil disruption (e.g., landscaping, deck additions,

sewer/water line replacement or repair, basement waterproofing, garage

repair, concrete/brick/masonry work, driveway/walk installation, and

septic tank/cesspool replacement).

These activities represent a range of activities that may be

performed during ``renovation and remodeling.'' Although section 406(b)

refers specifically to ``renovations'' only, EPA believes that the

commonly used meanings of the two terms do not significantly differ and

that any of the listed activities could be conducted as part of a

renovation program. Therefore, pending evidence to the contrary, all of

the activities noted above could potentially merit inclusion under

EPA's definition of renovation.

EPA is requesting comment (and data, if available) regarding which

activities should (or should not) be included in any definition of

renovation. Based on the comments EPA receives, as well as any new or

additional relevant information EPA collects, EPA may define some or

all of the activities listed above as renovation activities

specifically regulated by the final rule. EPA also may include

additional activities, if appropriate, in the final rule's definition

of renovation, and requests comments on whether some activities of

concern may be absent from the current list.

3. Use the Occupational Safety and Health Administration's (OSHA)

list of construction tasks. EPA is considering using the construction

tasks identified by OSHA as offering some risk of lead-exposure to

workers to identify renovation activities that could result in lead

exposure to housing occupants. These tasks were identified in the

interim final rule entitled ``Lead Exposure in Construction'' (58 FR

26590, May 4, 1993). EPA requests comment on whether such tasks

adequately reflect the activities conducted during housing renovations.

4. Identify specific job classifications. EPA is considering using

specific job classifications that involve performing remodeling or

renovation activities that may exacerbate the risk of lead-based paint

exposure in target housing as a basis for identifying regulated

activities. EPA has considered several ways that specific worker

classifications could be identified.

One approach would be to base the listing on the worker

classifications included in EPA's study under TSCA section 402(c).

These classifications are being studied to measure the levels of

exposure to lead-based paint stemming from the renovation activities.

The current classifications being studied include: Painters; floor

refinishing contractors; plaster/drywall contractors; exterior siding

contractors; window replacement contractors; electricians; plumbers;

roofers; linoleum/tile contractors; carpet installers; cabinet

installers; heating/AC contractors; carpenters; insulation contractors;

basement waterproofing contractors; bathroom remodelers; kitchen

remodelers; landscaping/excavation contractors; and historic renovation

contractors. These classifications were developed through discussions

with experts and professionals familiar with the renovation and

remodeling industry.

In identifying specific job classifications, EPA is also

considering linking the above classifications to Standard Industrial

Classification (SIC) Codes for the business, to ensure a common

standard of identification. If EPA could identify specific SIC codes

that performed renovations involving target housing and potential lead-

based paint exposure, then such a classification would provide a clear

method for identifying regulated parties. Currently, the Agency does

not prefer this option because of concerns that many workers and firms

may conduct activities that spill over into activities that don't

affect lead-based paint, raising questions of how closely SIC codes

would track the performance of renovations in housing involving lead-

based paint. In addition, many individuals engaged in renovation

activities may perform many different tasks covering several job

classifications, further clouding issues of enforcement and compliance.

Regarding the whole question of identifying job classifications,

EPA requests comment on what trades are missing from, or inappropriate

for, the list above and whether any such list could be practically

applied.

5. Identify all home improvement activities within a specified

cost range. Another option being considered is to target all

renovation, remodeling, and home improvement activities within a

specific cost range (for example, any home improvement costing over

$250 would be considered a renovation). While this option provides a

simple scheme for identifying regulated activities, it does not

necessarily focus on relevant activities. Because some inexpensive

renovation activities may pose a significant exposure hazard, EPA is

concerned that such a definition could result in the omission of

activities that are thought to be high risk but low in cost.

6. Identify all home improvement activities within a specified

size. EPA is also considering basing the definition of renovation on

the size of a job. For example, size could be measured by the number of

square feet of painted surface disturbed, the number of different

painted surfaces disturbed, or simply the total area of the dwelling

undergoing modification. EPA's main concern with this option is that

some activities while localized to a very small area, might release

significant amounts of lead-based paint or lead-based paint, and that

such a criterion might fail to capture the activities of concern.

However, as it could potentially provide a simple method for

identifying regulated transactions, EPA requests comments on the

feasibility of such an approach.

p. Renovator means any person who performs for compensation a

renovation of target housing or public buildings.

Although Title IV of TSCA does not provide a definition of

renovator, section 406(b) specifically identifies the regulated

community as ``each person who performs for compensation a renovation

of target housing.''

EPA recognizes that in many large multi-family dwellings or public

buildings, renovation activities may be performed by maintenance staff

retained by the owner of the building. Because these individuals would

still be performing such activities for compensation (through salary or

retainer), EPA would consider such individuals as renovators for the

purpose of this proposed rule.

IV. Regulatory Requirements

A. Lead Hazard Information Pamphlet

Section 406(b) directs the Administrator to promulgate regulations

``to require each person who performs for compensation a renovation of

target housing to provide a lead hazard information pamphlet to the

owner and occupant of such housing prior to commencing the

renovation.'' Section 745.87 of the regulatory text would require

renovators to provide owners and heads-of-households occupying target

housing with copies of the pamphlet: Lead-Based Paint: Protect Your

Family before beginning renovations.

Recognizing that many target housing units may be occupied by

families other than the dwelling owner, as in the case of rental

housing, EPA proposes to require the renovator to provide the pamphlet

to the head of each household occupying the unit(s) being renovated, as

well as to the person requesting and paying for the renovation work.

This interpretation is supported by the language in section 406(b),

which explicitly states that the pamphlet must be provided to the owner

and occupant of such housing.

In addition, because some housing may be managed by an individual

or firm on behalf of the owner, the regulations would allow such an

agent to represent the owner for the purposes of the provisions of this

proposed rule.

Finally, EPA recognizes that there may be some types of renovations

that will occur in ``emergency situations'' requiring action before all

occupants can be notified and before they can fully comply with these

notification requirements. EPA requests comment on identifying these

situations and on what may be an appropriate way to address them under

these regulations.

The final pamphlet will be available to the public and the

regulated community through the Government Printing Office (GPO) for a

nominal fee for both individual and bulk purchases. EPA is also

encouraging person's to make their own reproductions of the pamphlet,

and will make a limited number of camera-ready copies of the final

pamphlet available to organizations that wish to print copies for

private distribution. Any copies reproduced for use in complying with

this rulemaking, however, must be copied in full, and may not revise or

delete material from the pamphlet except to add or revise State or

local sources of information. EPA requests comment on other mechanisms

for distributing the pamphlet to the general public and the regulated

community.

As required by section 406(a) of TSCA, EPA will, in consultation

with HHS and HUD, revise the pamphlet as necessary to maintain its

technical accuracy. Following each change, EPA will issue notice of the

revised version's availability in the Federal Register.

B. Acknowledgement

To help ensure the timely notification of owners and occupants

regarding the potential hazards of renovation activities in target

housing, Sec. 745.87 would require that renovators obtain a signed,

dated acknowledgement from each owner and head of household occupying

the renovated housing, indicating that the person had received the

pamphlet on the given date. The proposed acknowledgement text would

state:

I have received the pamphlet, Lead-Based Paint: Protect Your

Family, and am aware of the potential health risks associated with

renovating housing containing lead-based paint.

The statement would be signed and dated by the housing owner and

heads of households occupying the housing and would be retained by the

renovator. This acknowledgement could exist as a separate sheet or as a

part of each sales/service contract or agreement. EPA proposes to

require that the acknowledgement text be printed in at least 12-point

type to ensure that the text is readable and noticeable.

Recognizing the importance of reaching non-English speaking

residents of target housing, EPA is proposing requirements to address

renovations performed in predominantly non-English speaking areas. If

the parties use a written service contract or agreement, and if the

service contract or agreement is in a language other than English, then

the acknowledgment would have to be in the same language as the

contract or agreement. The Agency proposes this provision as a

necessary measure in achieving a more equitable Federal lead-based

paint program.

EPA is requesting comment on these provisions, including whether

the alternative language provisions provide an appropriate level of

protection to non-English speaking occupants of target housing.

C. Renovations in Multi-Family Dwellings

EPA has also considered the issue of regulating renovation

activities that occur in buildings containing many separate housing

units. Such dwellings pose additional challenges because, depending on

the type of renovation being conducted, as the number of units in the

dwelling increase, pamphlet distribution may be increasingly difficult

for renovators. At the same time, since many multi-family dwellings

(defined for this proposed rulemaking as housing properties consisting

of more than four dwelling units) may have been built before lead-based

paint use was restricted, these dwellings may pose lead-based paint

hazards to occupants if renovations are conducted without care.

EPA has considered two issues regarding renovations in multi-family

dwellings: Renovations conducted within specific units of a multi-

family dwelling, and renovations performed in common areas of the

multi-family dwelling.

1. Renovations in individual units. EPA believes that renovations

performed within specific units of multi-family dwellings should be

treated in the same manner as single-family dwellings (housing

properties containing less than five dwelling units): the owner and

occupants should be notified and provided a pamphlet in advance of

commencement of renovation activities. The Agency sees no rationale for

distinguishing between the two regarding the risks of exposure.

During large-scale or long-term renovations to units in multi-

family housing, EPA proposes the following clarification. In cases

where an owner employs a renovator to conduct renovations in several

different housing units within a multi-family dwelling, EPA would still

require the renovator to (1) Provide the occupants of each unit

undergoing renovation with a copy of the pamphlet and (2) maintain

signed acknowledgements from each affected head-of-household. The

renovator could fulfill his/her obligations regarding the owner,

however, by providing one pamphlet and maintaining one signed

acknowledgment covering all renovations performed throughout the

dwelling, rather than by repeating the same owner-notification

activities for each unit or area renovated.

2. Renovations in common areas. EPA also believes that for the

purposes of the section 406(b) rule, a practical distinction should be

made between renovation activities in common areas of multi-family

dwellings and renovations within specific living areas of the

dwellings. Since renovation activities may occur in various hallways or

lobbies of a building on a frequent basis, it could be impractical to

require a renovator to provide all occupants with a new pamphlet before

the commencement of each renovation, especially in dwellings with

larger numbers of residential units. Such a requirement would be

difficult to implement and enforce, and would likely lead to non-

compliance.

EPA still believes that it is important that occupants be informed

of renovations in common areas as they occur to provide warning of

potential lead-based paint hazards and to ensure their ability to take

appropriate precautions. Therefore, under Sec. 745.87, EPA proposes to

require that before conducting target renovation activities in common

areas of multi-family target housing, the renovator would be required

to notify, in writing, all occupants of the dwelling of the intended

renovation and to make the EPA pamphlet Lead-Based Paint: Protect Your

Family available upon request. This notification would be required to

include: The general nature and location(s) of the planned renovation

activities; the expected starting and ending dates of the planned

renovation activities; and a statement of how the occupant can obtain

the lead hazard information pamphlet from the renovator.

EPA recognizes that in some cases, large renovations could take an

extended period of time or cover several different common areas of a

multi-family dwelling. In that case, if the initial notification

provides accurate information on the scope of renovations planned in

the various areas, with an accurate schedule of their performance, then

that initial notification would be sufficient to meet the requirements

of this proposed rulemaking. If the scope, location, or timeframe of

the activities change in a way not reflected in the original

notification, then the renovator would be obligated to provide updated

information in an additional notification process. This updated

information is necessary to ensure that owners and occupants can, if

necessary, adequately protect themselves from exposure to the hazards

of lead-based paint.

Notification activities could be performed by the renovator or by

the owner of the dwelling on behalf of the renovator. The notification

process could be accomplished by distributing a letter or flyer

containing the required information to each head of household occupying

the housing. Even if the owner agreed to perform the notification

activities, however, the responsibility to assure compliance would

still rest with the renovator, as required by section 406(b).

D. Recordkeeping Requirements

Section 407 of Title IV of TSCA gives EPA the authority to

promulgate recordkeeping and reporting requirements that are necessary

to implement Title IV effectively. EPA is using this authority to

propose the following requirements to ensure compliance and to aid EPA

in its enforcement of the provisions in this proposed rule.

Under EPA's proposed Sec. 745.90, renovators would be required to

keep, for 3 years after completion of the renovation, specific records

documenting compliance with the rule.

If all renovation activities occur in private areas of target

housing units, these records would include:

1. The address/location of the renovated target housing. This

information is important for EPA compliance monitoring and enforcement

actions.

2. A list of all heads of households occupying the renovated target

housing unit(s) at the commencement of renovations. Because the rule

would require that both the owners and occupants of target housing

receive the pamphlet, EPA is proposing to require retention of this

list as a record of the persons that should have received the pamphlet.

EPA is focusing on occupants of the housing at the commencement of

renovations recognizing that individuals who become occupants after

renovations have begun would have already received the pamphlet under

the requirements being developed pursuant to section 1018 of the Lead-

Based Paint Hazard Reduction Act of 1992.

3. Copies of the signed and dated acknowledgements from each

housing owner and each head of household occupying the renovated

unit(s). EPA proposes to require this record as the primary proof of

compliance with the regulation. In cases where EPA began an enforcement

action based on a tip or complaint, the acknowledgement form would be a

crucial record in establishing compliance with the rule.

In the case of renovation activities performed in common areas of

multi-family target housing, the renovator would still be required to

maintain the following records:

1. The address/location of the renovated target housing.

2. Signed and dated acknowledgements from the owner(s) of the

target housing requesting the renovation.

3. A signed and dated statement describing the steps performed by

the renovator or owner to notify all occupants of the intended

renovation activities and to provide the lead hazard information

pamphlet upon request. EPA is proposing not to require specific

language for the statement, provided that it clearly indicates: The

dates between which renovation activities took place; the general

nature of the renovation activities conducted; and the measures taken

to notify all occupants of the planned renovation activities as

outlined in the proposed Sec. 745.87. This statement would be signed

and dated by the owner as well as the renovator.

4. Copies of any letter or flyer sent to the occupants of the

housing as part of the notification process.

These records would be retained by the renovator for 3 years after

completion of the renovation as proof of compliance.

EPA requests comment on whether the proposed recordkeeping

requirements are reasonable, too stringent, or not stringent enough,

and whether there may be other more effective recordkeeping

requirements or mechanisms to facilitate compliance monitoring.

V. Enforcement

Failure or refusal to comply with any provision of the final rule

would be a violation of TSCA section 409, subjecting the violator to

penalties under TSCA section 16 (15 U.S.C. 2615). These penalties

include the following:

1. Civil penalties. Any person who violates a provision of the

final rule would be liable to the United States for a civil penalty in

an amount not to exceed $25,000 for each such violation.

2. Criminal penalties. Any person who knowingly or willfully

violates any provision of the final rule would, in addition to any

civil penalty, be subject upon conviction, to a fine of not more than

$25,000 for each day of violation, or to imprisonment for not more than

1 year, or both.

VI. State/Tribal Administration and Enforcement of Section 406(b)

Section 404(a) of TSCA directs EPA to develop an application

process for those States or Tribes which seek to administer and enforce

the standards, regulations, and requirements established under sections

402 and/or 406. Section 404(b) states that the Administrator may

approve such an application only after finding that the State/Tribal

program is at least as protective of human health and the environment

as the Federal program established according to the mandate of section

402 or 406 of TSCA, and that it provides adequate enforcement. The

procedures for submitting a State/Tribal application will be proposed

in a separate Federal Register notice in the future.

For State and Tribal implementation purposes, EPA recognizes a

distinction between section 406(a), the development of a lead hazard

information pamphlet, and regulatory requirement section 406(b), for

distribution of the pamphlet. Since the pamphlet must be developed in

consultation with HHS and HUD, for use in other rules in other sections

of the Residential Lead-Based Paint Hazard Reduction Act of 1992, EPA

will limit the authorization of State/Tribal programs to administration

of section 406(b). EPA believes that the authority to develop a lead

hazard information pamphlet cannot be delegated to States or Tribes,

given the dependence of many agencies on the pamphlet, and the need for

uniformity in several statutory sections of the Act.

VII. Model State Program

To support State and tribal efforts to develop an authorized

program, section 404(d) of TSCA directs EPA to promulgate a model State

program which may be adopted by any State which seeks to administer and

enforce the provisions of sections 402 and 406 of TSCA. Given that

section 404(b) requires authorized State programs to be at least as

protective as the Federal program, the Agency expects that a State

program seeking authorization, would resemble, in significant respects,

the Federal program, and further, that the regulations proposed in

Secs. 745.80 through 745.99 would serve as an appropriate model for

such a State program. Therefore, the Agency is at this time proposing

these regulations as the model program.

Section 745.87 contains procedures and requirements for the

provision of EPA's lead hazard information pamphlet to owners and

occupants of target housing by renovators. The proposed Sec. 745.90

contains recordkeeping requirements necessary to monitor and enforce

compliance with the requirements.

This model will be especially useful to the many States that do not

currently have notification requirements in residential housing. The

Agency believes that adoption of this program would effectively

increase the awareness of owners and occupants of target housing

regarding the issues associated with renovating housing with lead-based

paint. However, the State program need not duplicate the Federal

program in order to receive authorization from EPA. A State may choose

to develop its own program, and it would be evaluated to determine if

it is as protective as the Federal program.

VIII. Procedures for Requesting a Public Hearing

If persons request time for oral comment, EPA will consider holding

an informal hearing in Washington, DC. Persons or organizations

desiring to participate in the informal hearing must file a written

request to participate. The written request to participate must be sent

to the Environmental Assistance Division at the address listed under

FOR FURTHER INFORMATION CONTACT and must be received by EPA by April 8,

1994. The written request to participate must include: (1) A brief

statement of the interest of the person or organization in the

proceeding; (2) a brief outline of the points to be addressed; (3) an

estimate of the time required; and (4) if the request comes from an

organization, a non-binding list of the persons to take part in the

presentation. Organizations are requested to bring with them, to the

extent possible, employees with individual expertise in and

responsibility for each one of the areas to be addressed. Organizations

which do not file written comments will not be allowed to participate

at the hearing.

EPA will decide whether to hold a hearing by April 28, 1994.

IX. Rulemaking Record

A record for this proposed version of the rule has been established

under docket number ``OPPTS-62131.'' The public record is available for

inspection from 12 noon to 4 p.m., Monday through Friday, excluding

legal holidays. The public version of the record (which does not

contain confidential business information) is located in the TSCA NCIC,

Rm. E-G102, 401 M St., SW., Washington, DC 20460.

The draft of the proposed rule submitted by the Administrator to

OMB review prior to proposal will also be contained in the docket, as

will the drafts of the final rule submitted for review before

promulgation.

The following list of documents were used by the Agency in

developing this regulation and can be found in the docket. Other

documents, including those submitted with written comments from

interested parties, will be included in the docket following the

publication of this proposal in the Federal Register.

1. Alliance to End Childhood Lead Poisoning, Preventing Childhood

Lead Poisoning: The First Comprehensive National Conference; Final

Report. October 6, 7, 8, 1991. (pp. A1-A10)

2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule.

May 4, 1993.

3. EPA, Lead Poisoning and Your Children. EPA/800-B-92-0002,

September 1992

4. EPA, DRAFT: Reducing Exposure to Lead in the Home; An Action

Guide for Families. (January 1992).

5. U.S. Government Printing Office. Code of Federal Regulations

July 1, 1992. (40 CFR 763.121)

6. U.S. Government Printing Office. Code of Federal Regulations

July 1, 1992. (40 CFR 763.63(1))

7. U.S. Congress. The Residential Lead-Based Paint Hazard Reduction

Act of 1992 (Pub. L. 105-550).

8. HHS, PHS, CDC, Preventing Lead Poisoning in Young Children; A

Statement by The Centers For Disease Control. October 1991.

9. HHS, PHS, ATSDR, The Nature and Extent of Lead Poisoning in

Children in the United States: A Report to Congress. July 1988. (pp. 1-

16)

10. HUD, Office of Lead-Based Paint Abatement and Poisoning

Prevention. Lead-Based Paint; Interim Guidelines for Hazard

Identification and Abatement in Public and Indian Housing; Notice.

April 18, 1990.

11. HUD, Office of Lead-Based Paint Abatement and Poisoning

Prevention. Lead-Based Paint: A Threat to Your Children. U.S. GPO:

1993-351-568. January 1993.

X. Confidential Business Information

While EPA does not anticipate the receipt of much (if any)

confidential business information in connection with this proposed

rule, a person may assert a claim of confidentiality for any business

information, including all or portions of written comments, submitted

to EPA in connection with this proposed rule. Any person who submits a

comment subject to a claim of confidentiality must also submit a

nonconfidential version. Any claim of confidentiality must accompany

the information when it is submitted to EPA. Persons must mark

information claimed as confidential by circling, bracketing, or

underlining it, and marking it with ``CONFIDENTIAL'' or some other

appropriate designation. EPA will disclose information subject to a

claim of confidentiality only to the extent permitted by section 14 of

TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim

of confidentiality for information in comments at the time it is

submitted to EPA, EPA will place the information in the public record

for this rulemaking without further notice to that person.

XI. References

1. Alliance to End Childhood Lead Poisoning, Preventing Childhood

Lead Poisoning: The First Comprehensive National Conference; Final

Report. October 6, 7, 8, 1991.

2. DOL, OSHA, Lead Exposure in Construction; Interim Final Rule.

(May 4, 1993).

3. HUD, Office of Lead-Based Paint Abatement and Poisoning

Prevention. Lead-Based Paint; Interim Guidelines for Hazard

Identification and Abatement in Public and Indian Housing; Notice.

April 18, 1990.

XII. Regulatory Assessment Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to review by the Office of Management and Budget

(OMB) and the requirements of the Executive Order. Under section 3(f),

the order defines a ``significant regulatory action'' as an action that

is likely to result in a rule: (1) Having an annual effect on the

economy of $100 million or more, or adversely and materially affecting

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local or tribal

governments or communities (also referred to as ``economically

significant''); (2) creating serious inconsistency or otherwise

interfering with an action taken or planned by another agency; (3)

materially altering the budgetary impacts of entitlement, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof; or (4) raising novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in this Executive Order.

Pursuant to the terms of this Executive Order, EPA has determined

that this proposed rule is ``significant'' because it raises novel

policy issues arising out of its legal mandate in the Residential Lead-

Based Paint Hazard Reduction Act.

EPA has prepared a Regulatory Impact Analysis (RIA) in conjunction

with its proposed lead information disclosure rule for renovation

activities. EPA finds that the proposed rule will not have an effect on

the economy of $100 million or more, will not result in major increases

in costs or prices, and is not anticipated to have significant adverse

effects on competition, employment, investment, or productivity in the

relevant sectors.

EPA estimates the overall costs to affected entities to be

$59,700,000. This estimate includes costs for rule familiarization,

information disclosure and obtaining required signatures,

recordkeeping, and materials costs. EPA estimates that the provisions

of the rule as proposed would add about $5.00 to the cost of each

transaction.

A copy of the RIA is available in the TSCA Nonconfidential

Information Center (NCIC) (also known as the TSCA Public Docket

Office), for review and copying (see Unit IX of this preamble).

This action was submitted to OMB for review, as required by

Executive Order 12866, and any comments or changes made in response to

OMB suggestions or recomendations have been documented in the public

record.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires each Federal agency

to perform a Regulatory Flexibility Analysis for all rules that are

likely to have a ``significant impact on a substantial number of small

entities.'' In an effort to identify and characterize the proposed

rule's effects on small business, EPA has prepared an Initial

Regulatory Flexibility Analysis (IRFA). This assessment has been

included as part of the Regulatory Impact Analysis (RIA), and is

summarized below.

In assessing small business impacts, EPA first developed an

establishment profile for each major sector. This profile indicated

that approximately 80 to 90 percent of all establishments in SICs 15,

17, 651, and 653 fell within the 1 to 9 employee size class. Thus, a

substantial number of small firms are estimated to be potentially

affected by the proposed rule.

To measure the cost impacts of the proposed rule on these small

establishments, representative or model establishments were designed.

These model establishments corresponded to typical establishments, with

respect to number of employees and annual transaction volume, in each

affected sector. Since transaction activity was reported to vary

widely, a range of transaction volume was estimated for each

establishment type.

For each model establishment, annual regulatory costs were then

calculated and compared to annual labor and overhead costs. Ratios were

computed for both high and low estimates of the range of transaction

activity. In the case of a multi-trade renovation contractor,

regulatory costs were found to represent from 0.05 to 0.14 percent of

labor and overhead costs. In the case of a specialty trade contractor,

impacts were somewhat higher, ranging from 0.35 to 0.84 percent. An

establishment engaged in rental property management was projected to

sustain impacts of 0.99 to 1.95 percent.

Thus, while a large number of small establishments will be

potentially affected by the rule, cost impacts were not found to be of

sufficient magnitude to cause undue harm to such establishments.

Consequently, no regulatory alternatives are being proposed in

connection with small business impacts.

Pursuant to section 605(b) of the Regulatory Flexibility Act, 5

U.S.C. 605(b), EPA certifies that this proposed rule would not have a

significant economic impact on a substantial number of small entities.

C. Paperwork Reduction Act

The information collection requirements in this proposed rule have

been submitted for approval to OMB under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document

has been prepared by EPA (ICR No. 1669.01) and a copy may be obtained

from Sandy Farmer, Information Policy Branch (2136), Environmental

Protection Agency, 401 M St., SW., Washington, DC 20460, or by

telephoning (202) 260-2740.

This collection of information has an estimated recordkeeping

burden averaging 11.5 minutes per response (at 5.8 minutes/respondent),

and to require 7.7 minutes per recordkeeper, annually. These estimates

include time to review instructions, search existing data sources,

gather and maintain the data needed, and complete the collection of

information.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden to Chief, Information Policy Branch (2136), Environmental

Protection Agency, 401 M St., SW., Washington, DC 20503, marked

``Attention: Desk Officer for EPA.'' The final rule will respond to any

OMB or public comments on the information collection requirements

contained in this proposal.

List of Subjects in 40 CFR Part 745

Environmental protection, Abatement, Housing renovation, Lead,

Lead-based paint, Reporting and recordkeeping requirements.

Dated: February 28, 1994.

Carol M. Browner,

Administrator.

Therefore, it is proposed that Chapter I of 40 CFR be amended by

adding a new part 745 to read as follows:

PART 745--LEAD EXPOSURE REDUCTION

Subpart A--General Provisions

Sec.

745.1 Scope, purpose, and authority.

745.3 Definitions.

745.7 Confidential business information.

Subparts B-D [Reserved]

Subpart E--Residential Property Renovation

Sec.

745.80 Purpose, scope, and applicability.

745.85 Lead pamphlet.

745.87 Notification.

745.90 Recordkeeping requirements.

745.97 Penalties for noncompliance.

745.99 Effective date.

Authority: 15 U.S.C. 2686.

Subpart A--General Provisions

Sec. 745.1 Scope, purpose, and authority.

(a) This part contains regulations developed under Title IV (15

U.S.C. 2681-2692) and section 6 (15 U.S.C. 2605) of the Toxic

Substances Control Act.

Sec. 745.3 Definitions.

For purposes of this part, the following definitions apply:

Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. et

seq.

Administrator means the Administrator of the Environmental

Protection Agency.

Common area means a portion of a building generally accessible to

all residents/users including, but not limited to, hallways, stairways,

laundry and recreational rooms, playgrounds, community centers, and

boundary fences.

Dwelling unit means a single, unified combination of rooms designed

for use as a dwelling by one family.

EPA means the Environmental Protection Agency.

Lead-based paint hazard means any condition that causes exposure to

lead from lead-contaminated dust, lead-contaminated soil, lead-

contaminated paint that is deteriorated or present in accessible

surfaces, friction surfaces, or impact surfaces that would result in

adverse human health effects in pregnant women or young children.

Multi-family housing means a housing property consisting of more

than four dwelling units.

Owner means any individual, partnership, corporation, or

trusteeship that has legal right of possession of residential property,

or any person legally authorized to represent that individual,

partnership, corporation, or trusteeship.

Person means any natural person, firm, company, corporation, joint

venture, partnership, sole proprietorship, association, or any other

business entity, any state or political subdivision thereof, any

municipality, any interstate body, any Indian tribe, and any

department, agency, or instrumentality of the Federal government

Renovation means the modifying of any existing structure, or

portion thereof, where exposure to the hazards of lead-based paint may

result, unless the activity is performed as part of a lead abatement

program by a certified contractor, or unless otherwise regulated by EPA

in Subpart G of this part.

Renovator means any person who performs for compensation a

renovation of target housing or public buildings.

Residential dwelling means (1) a single-family dwelling, including

attached structures such as porches and stoops, or (2) a single-family

dwelling unit in a structure that contains more than one separate

residential dwelling unit, and in which each such unit is used or

occupied, or intended to be used or occupied, in whole or in part, as

the home or residence of one or more persons.

TSCA means the Toxic Substances Control Act (15 U.S.C. et seq.).

Sec. 745.7 Confidential business information.

Any person required to submit a document or report to the EPA under

this part may assert a claim of confidentiality for the information

submitted. Any claim of confidentiality must accompany the information

when it is submitted to EPA. EPA will disclose information subject to a

claim of confidentiality only to the extent permitted by section 14 of

TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim

of confidentiality for information at the time it is submitted to EPA,

EPA may make the information public without further notice to that

person.

Subpart B--D [Reserved]

Subpart E--Residential Property Renovation

Sec. 745.80 Scope, purpose, and applicability.

This subpart applies to renovation activities on target housing.

Such housing may contain lead-based paint and lead-based paint dust

that can pose a health hazard to occupants, especially young children

and pregnant women. Persons or firms that perform renovation services

for compensation on target housing must provide information on hazards

of exposure to lead-based paint associated with renovation activities.

Sec. 745.85 Lead pamphlet.

(a) Availability of pamphlet to the general public and regulated

community. The most current version of EPA pamphlet No. XXX, entitled

Lead-Based Paint: Protect Your Family, is available to the public and

the regulated community for a fee from the Government Printing Office

(GPO). Interested parties should write to: Government Printing Office,

Superintendent of Documents, Mail Stop XXX, Washington, DC 20402-9328.

In addition, persons may reproduce this pamphlet, for use or

distribution, providing that the text and graphics are reproduced in

full.

(b) Pamphlet elements. The information contained and presented in

this pamphlet is mandated in section 406(a) of TSCA (15 U.S.C. 2686),

and may not be changed or omitted during any reproduction of the

information for the purpose of compliance with this subpart.

Sec. 745.87 Notification.

(a) Before beginning renovation activities on specific target

housing units, renovators shall:

(1) Provide each owner and each head of household occupying the

units to be renovated with a copy of the EPA pamphlet, entitled Lead-

Based Paint: Protect Your Family.

(2) Obtain a signed, dated acknowledgement from the owners and each

head of household occupying the housing unit affirming that they have

received the pamphlet and are aware of the potential health hazards

from renovating housing containing lead-based paint.

(i) The acknowledgement shall include the following language:

I have received the pamphlet entitled Lead-Based Paint: Protect

Your Family and am aware of the potential health risks associated

with renovating housing containing lead-based paint hazards.

(ii) Below the statement, the acknowledgement shall require the

signature of each owner and head of household occupying the unit, along

with their dates of signature.

(iii) The type size shall be no smaller than 12-point type.

(iv) The acknowledgement may be included as a separate sheet or as

a part of any written contract or service agreement. It must be

completed before the commencement of the target renovations.

(v) If the parties use a written contract or agreement which is

written in a language other than English, the acknowledgement text

shall be written in the same language as the text of the contract or

agreement.

(b) Before beginning renovation activities in common areas of

multi-family target housing, the renovator shall:

(1) Provide the owner(s) of the target housing requesting the

renovation with a copy of the EPA pamphlet, entitled Lead-Based Paint:

Protect Your Family.

(2) Obtain a signed, dated acknowledgement from the owner(s) of the

target housing requesting the renovation affirming that they have

received the pamphlet and are aware of the potential health hazards

from renovating housing containing lead-based paint.

(i) The acknowledgement shall include the following language:

I have received the pamphlet entitled Lead-Based Paint: Protect

Your Family and am aware of the potential health risks associated

with renovating housing containing lead-based paint hazards.

(ii) Below the statement, the acknowledgement shall require the

signature of each owner requesting the renovation, along with their

dates of signature.

(iii) The type size shall be no smaller than 12-point type.

(iv) The acknowledgement may be included as a separate sheet or as

a part of any written contract or service agreement.

(v) If the parties use a written contract or agreement which is

written in a language other than English, the acknowledgement text

shall be written in the same language as the text of the contract or

agreement.

(3) Notify each owner and each head of household occupying the

target housing, in writing, of the intended renovation and make the EPA

pamphlet Lead-Based Paint: Protect Your Family available upon request.

At minimum, such notification shall be accomplished by distributing

written notice to each owner and each head of household occupying the

target housing. The notice shall describe: The general nature and

location(s) of the planned renovation activities, the expected starting

and ending dates of the planned renovation activities, and a statement

of how the owners and occupants can obtain the lead hazard information

pamphlet, at no charge, from the renovator. These activities shall be

conducted by either:

(i) The renovator.

(ii) The owner on behalf of the renovator.

(iii) If the notification activities are performed by the owner of

the building on behalf of the renovator, the renovator shall retain a

signed and dated statement by the owner of the dwelling describing the

steps performed to notify all occupants of the intended renovation

activities and to provide the lead hazard information pamphlet, at no

charge, upon request. Regardless of who performs the notification

activities required under this subpart, the renovator shall be

responsible for assuring compliance with this subpart and shall be

liable for any failures to comply with the notification requirements in

this section.

(4) If the general nature, location(s), or expected starting and

ending dates of the planned renovation activities change after the

initial notification has been conducted, the renovator shall provide

further notification to the owners and heads of households providing

revised information on the ongoing or planned activities.

Sec. 745.90 Recordkeeping requirements.

Renovators shall retain all records necessary to demonstrate

compliance with this section for a minimum of 3 years following

completion of the renovation services on target housing. These records

shall include:

(a) The address/location of the renovated target housing.

(b) A list of all heads of households occupying the renovated

unit(s) at the commencement of renovations.

(c) Copies of signed and dated acknowledgements, as required by

Sec. 745.87(a)(2), from each owner and each head of household occupying

a renovated unit.

(d) Copies of signed and dated acknowledgements, as required by

Sec. 745.87(b)(2), from each owner requesting renovations to common

areas in multi-family dwellings.

(e) Copies of all signed and dated statements of notification, as

well as copies of all notification materials sent to all owners and

heads of household, as required in Sec. 745.87(b)(3) for renovations to

common areas in multi-family dwellings.

Sec. 745.97 Penalties for noncompliance.

(a) Failure or refusal to comply with any provision of this subpart

is a violation of TSCA section 409 (15 U.S.C. 2689), subjecting the

violator to penalties under TSCA section 16 (15 U.S.C. 2615).

(b) Failure or refusal to establish and maintain records or to

permit access to or copying of records, as required by this subpart, is

a violation of TSCA section 15 (15 U.S.C. 2614).

(c) Failure or refusal to permit entry or inspection as required by

TSCA section 11 (15 U.S.C. 2610) is a violation of TSCA section 15 (15

U.S.C 2614).

(d) Violators may be subject to the civil and criminal penalties in

TSCA sections 16 and 409 for each violation.

Sec. 745.99 Effective date.

The Federal requirements in this subpart shall take effect on April

28, 1996. In those States or Tribal lands, which have not obtained

authorization, under Sec. 745.XXX, to administer and enforce this

program, the requirements in this subpart shall apply to any renovation

of target housing if the renovation was commenced on or after April 28,

1996. In States and Tribes that have obtained authorization to

implement their State/Tribal program according to the requirements in

subpart X, individual State/Tribal requirements may take effect before

April 28, 1996.

[FR Doc. 94-5299 Filed 3-8-94; 8:45 am]

BILLING CODE 6560-50-F