Notice2022-24541
Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Vermont; Notice of Self-Certification Program Authorization
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Published
November 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
This document announces that on October 1, 2022, the State of Vermont was deemed authorized under section 404(a) of the Toxic Substances Control Act (TSCA) to administer and enforce requirements for the lead-based paint pre-renovation education and renovation, repair and painting (RRP) program. This document also announces that the Environmental Protection Agency (EPA) is seeking comment during a 45-day public comment period, and it is providing an opportunity to request a public hearing within the first 15 days of this comment period on whether Vermont's program is at least as protective as the federal program and provides for adequate enforcement. This document also announces that the authorization of the Vermont pre-renovation education and renovation, repair and painting program, which was deemed authorized by regulation and statute, will continue without further notice unless the EPA, based on its own review and/or comments received during the comment period, disapproves the Vermont program application.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67895-67898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24541]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R01-RCRA-2022-0802; 10223-01-R1]
Lead-Based Paint Renovation, Repair and Painting Activities in
Target Housing and Child-Occupied Facilities; State of Vermont; Notice
of Self-Certification Program Authorization
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document announces that on October 1, 2022, the State of
Vermont was deemed authorized under section 404(a) of the Toxic
Substances Control Act (TSCA) to administer and enforce requirements
for the lead-based paint pre-renovation education and renovation,
repair and painting (RRP) program. This document also announces that
the Environmental Protection Agency (EPA) is seeking comment during a
45-day public comment period, and it is providing an opportunity to
request a public hearing within the first 15 days of this comment
period on whether Vermont's program is at least as protective as the
federal program and provides for adequate enforcement. This document
also announces that the authorization of the Vermont pre-renovation
education and renovation, repair and painting program, which was deemed
authorized by regulation and statute, will continue without further
notice unless the EPA, based on its own review and/or comments received
during the comment period, disapproves the Vermont program application.
DATES: Comments must be received on or before December 27, 2022. In
addition, a public hearing request must be submitted on or before
November 25, 2022.
[[Page 67896]]
ADDRESSES: You may submit comments, identified by Docket ID No. EPA-
R01-RCRA-2022-0802, at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online
instructions for submitting comments. Once submitted, comments received
may be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including
any personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Amanda Triebwasser, RCRA Corrective
Action and TSCA Section; Land, Chemicals, and Redevelopment Division;
U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-WI),
Boston, MA 02109-3912; telephone number: 617-918-1758; email address:
<a href="/cdn-cgi/l/email-protection#cbbfb9a2aea9bcaab8b8aeb9e5aaa6aaa5afaa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="d9adabb0bcbbaeb8aaaabcabf7b8b4b8b7bdb899bca9b8f7beb6af">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-R01-RCRA-
2022-0802 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments
cannot be edited or removed from the docket. The EPA may publish any
comment received to its public docket. Do not submit to EPA's docket at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to be
Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
II. General Information
A. What action is the agency taking?
The EPA is announcing that the State of Vermont was deemed
authorized under section 404(a) of TSCA, 15 United States Code (U.S.C.)
2684(a) and 40 CFR 745.324(d)(2), to administer and enforce
requirements for an RRP program in accordance with section 402(c)(3) of
TSCA, 15 U.S.C. 2682(c)(3) on October 1, 2022. The 402(c)(3) program
ensures that training providers are accredited to teach renovation
classes, that individuals performing renovation activities are properly
trained and certified as renovators, that firms are certified as
renovation firms, and that specific work practices are followed during
renovation activities. Vermont submitted an application under section
404 of TSCA requesting authorization to administer and enforce
requirements for an RRP program in accordance with section 402(c)(3) of
TSCA. Vermont's application included self-certification that the
program is at least as protective of human health and the environment
as the federal program and provides for adequate enforcement.
Therefore, pursuant to section 404(a) of TSCA and 40 CFR 745.324(d)(2),
the Vermont RRP program is deemed authorized as of the date of
submission and until such time as the agency disapproves the program
application or withdraws program authorization. Pursuant to section
404(b) of TSCA and 40 CFR 745.324(e)(2), the EPA is providing notice,
opportunity for public comment and opportunity for a public hearing on
whether the state program application and subsequent administrative
rule changes are at least as protective as the federal program and
provide for adequate enforcement. If a hearing is requested and
granted, the EPA will issue a Federal Register notice announcing the
date, time, and place of the hearing.
B. What is EPA's authority in taking this action?
On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That act
amended TSCA (15 U.S.C. 2601-2695d) by adding Title IV (15 U.S.C. 2681-
2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008, the EPA
promulgated the final TSCA section 402(c)(3) regulations governing
renovation activities (73 FR 21692). These regulations require that in
order to do renovation activities for compensation, renovators must
first be properly trained and certified, must be associated with a
certified renovation firm, and must follow specific work practice
standards, including recordkeeping requirements. The EPA believes that
regulation of renovation activities will help to reduce the exposures
that cause serious lead poisonings, especially in children under age 6
who are particularly susceptible to the hazards of lead.
Under section 404 of TSCA, a state may seek authorization from the
EPA to administer and enforce its own RRP program in lieu of the
federal program. The regulation governing the authorization of a state
program under section 402 of TSCA are codified at 40 CFR part 745,
subpart Q. States that choose to apply for program authorization must
submit a complete application to the appropriate regional EPA office
for review. Those applications will be reviewed by the EPA within 180
days of receipt of the complete application. To receive EPA approval, a
state must demonstrate that its program is at least as protective of
human health and the environment as the federal program, and provides
for adequate enforcement, as required by section 404(b) of TSCA. EPA's
regulations at 40 CFR part 745, subpart Q provide the detailed
requirements a state program must meet in order to obtain EPA approval.
A state may choose to certify that its own RRP program meets the
requirements for EPA approval, by submitting a letter signed by the
Governor or Attorney General stating that the program is at least as
protective of human health and the environment as the federal program
and provides for adequate enforcement. Upon submission of such a
certification letter, the program is deemed authorized pursuant to TSCA
section 404(a) and 40 CFR 745.324(d)(2). This authorization is
withdrawn, however, if the EPA disapproves the application or withdraws
the program authorization.
C. Does this action apply to me?
This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing and
child-occupied facilities in the State of Vermont. Individuals and
firms falling under the North American Industrial Classification System
(NAICS) codes in the table below may be affected by these rules.
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NAICS code Description
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236118............................... Residential Remodelers.
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238210............................... Electrical Contractors and Other
Wiring Installation Contractors.
238310............................... Drywall and Insulation
Contractors.
238220............................... Plumbing, Heating, and Air-
Conditioning Contractors.
238320............................... Painting and Wall Covering
Contractors.
531110............................... Lessors of Residential Buildings
and Dwellings.
531311............................... Residential Property Managers.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this notice could also be
affected. If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
III. State Program Description Summary
A. Vermont Program Summary
Components of the Vermont RRPM Program
The Vermont program is based on the Vermont Regulations for Lead
Control (VRLC) pursuant to the authority conferred Chapter 38 of the
Vermont Statutes Annotated. Chapter 38 was amended in 2018 to provide
the Vermont Department of Health with the authority to develop a
program to administer and enforce the lead-based paint activities and
renovation, repair, painting and maintenance (RRPM) activities. The
VRLC, first promulgated in 2000 and last amended in 2021, provide the
framework for RRPM-RRP activities.
Activities and Buildings Covered
The VRLC cover RRPM activities in pre-1978 child-occupied
facilities and target housing in Vermont, except zero-bedroom dwellings
or dwellings reserved for the exclusive use of elderly or disabled,
unless a child under six years of age resides or is expected to reside
there.
Unless the area of paint disturbed is less than 1 square foot of
interior paint per room and less than 20 square feet of exterior paint,
or 1 square foot or less of exterior paint for rental target housing
and child-care facilities, and unless the work does not involve window
replacement or demolition of painted surface areas, property owners are
required to hire a licensed RRPM Firm that uses licensed RRPM
Supervisors to conduct RRPM activities.
Childcare operators can perform RRPM activities on their own
childcare facilities if they have completed the RRPM Supervisor
training and have been granted certification as an Uncompensated
Childcare Operator by the Department of Health. Certification as an
Uncompensated Childcare Operator has the same requirements as a
Licensed Lead-Safe RRPM Firm, although Uncompensated Childcare
Operators cannot provide RRPM activities for hire, and cannot provide
on-the-job training or supervise RRPM activities.
Certification and Licensing Requirements
Entities can be licensed by the Vermont Department of Health as a
Lead-Safe RRPM Firm by applying on the forms provided by the
Department, assuring that at least one employee is a Licensed Lead-Safe
RRPM Supervisor, and identifying whether they have previously had any
lead-related enforcement actions taken against them.
Individuals can apply to the Department of Health for a Lead-Safe
RRPM Supervisor license after successfully completing an 8-hour
training from a Vermont-accredited training provider or a training
provider accredited by EPA or an EPA RRP authorized state, provided the
individual received the Vermont-specific training module and
examination.
To be certified by the Department of Health, an Uncompensated
Childcare Operator must successfully complete the same training as the
Licensed Lead-Safe RRPM Supervisor. The difference between the Lead-
Safe RRPM Supervisor license and the Uncompensated Childcare Operator
certification is that the Certified Uncompensated Childcare Operator
does not pay a fee and is issued a certificate rather than a license.
Training Course Accreditation Requirements
To obtain accreditation for a lead-based paint training course,
including the RRPM Supervisor course, training providers are required
to submit detailed information to the Vermont Department of Health,
including information about curriculum, teaching methods, equipment,
and instructors. Vermont RRPM training requirements include: all work
practices required by the EPA to safely handle lead-based paint (plus
Vermont-specific elements); a mandatory hands-on component; and a
closed-book examination, except for online refresher training courses.
The Department will conduct an on-site observation and evaluation of
the training course and contents, its instructors, equipment, and
facilities or will review a representative video of the course for
evaluation to ensure the course meets State criteria. Vermont's
statutory authority allows for the revocation, modification or
suspension of any permit issued by the Department, including an
accreditation.
Information Distribution Requirements
Vermont requires the Lead-Safe RRPM Firm or Certified Uncompensated
Childcare Operator to distribute the Renovate Right pamphlet with a
Vermont specific addendum to the owner and occupants of the property
being renovated, repaired or painted, and parents or guardians of
children in childcare facilities, no more than 60 days before RRPM
activities are scheduled to be conducted.
For RRPM activities affecting common areas in target housing or in
child occupied facilities, informational signs that describe the
general nature and locations of the RRPM activities and the anticipated
completion date may be posted rather than provided in writing to
affected occupants or parents/guardians. For work in common areas of
target housing if the firm notified those affected in writing, the RRPM
Firm or Certified Uncompensated Childcare Operator must provide a
written notice to all owners and occupants if the scope and timeframe
of the RRPM activities change.
Work Practice Standards
RRPM work practice standards are found at VLRC 7.3. All RRPM
activities shall be performed by a licensed lead-safe RRPM firm and
supervised by a licensed lead-safe RRPM supervisor or by a certified
uncompensated child-care operator. Once the RRPM activities begin, the
Licensed Lead-Safe RRPM Supervisor or Certified Uncompensated Childcare
Operator is responsible for ensuring that the site is secured and
proper signage is posted to prevent exposure to occupants,
contamination of
[[Page 67898]]
their belongings and dispersion of lead dust into other areas.
Containment generally includes closing windows, sealing doors and
ducts, covering floors/carpets and covering furniture left in the room.
The RRPM Firm is required to have a Licensed Lead-Safe RRPM Supervisor
on site at all times when RRPM work is underway. Once RRPM activities
are complete, proper disposal of waste and a thorough cleaning of the
area is required. Following cleaning, the Licensed Lead-Safe RRPM
Supervisor or Certified Uncompensated Childcare operator is responsible
for conducting a visual clearance and cleaning verification. Certain
dangerous work practices found at VLRC 5.1.2 are also prohibited.
Record Keeping Requirements
RRPM recordkeeping requirements are found at VLRC 7.4. All licensed
Lead-Safe RRPM firms must retain records related to RRPM activities for
a period of six years. Examples of records that shall be retained
include: lead inspection reports, proof of pre-renovation education
distribution, documentation of compliance with RRPM work practice
activities, on-the-job training, and post renovation cleaning
verification. If requested, the licensed RRPM firm or Uncompensated
Child Care Operator must make all records documenting compliance
available to the Department.
The Vermont PRE and RRPM Programs meet or exceed all EPA program
elements for protecting the public. Areas where Vermont's RRPM program
will exceed EPA Requirements for protecting the public:
<bullet> The RRPM Firm is required to have a Licensed Lead-Safe
RRPM Supervisor on site the entire time RRPM activities are being
conducted.
<bullet> Vermont's definition of RRP-regulated building spaces
includes all spaces generally accessible to residents/users/occupants/
guests including, but not limited to, hallways, stairways, porches,
laundry and recreational rooms, playgrounds, community centers,
boundary fences, basements, and sheds. This is more restrictive than
the EPA definition.
<bullet> Vermont's threshold for what constitutes a minor RRPM
activity on the interior (1 square foot per room) is lower than EPA's
(6 square feet per room). Further, Vermont lowers the exterior minor
RRPM activity threshold for childcare facilities and rental target
housing to 1 square foot, as opposed to EPA's 20 square feet.
<bullet> Vermont does not allow for the use of test kits to
determine lead-free status, but rather requires a licensed lead-based
paint risk assessor to determine the presence of lead-based paint.
IV. Federal Overfiling
Section 404(b) of TSCA makes it unlawful for any person to violate
or fail or refuse to comply with any requirement of an approved state
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized state program.
V. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian Tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).
David Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2022-24541 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.