29919 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Rules and Regulations
Substances Control Act (15 U.S.C. 2681-
2692) to promulgate these regulations.
E. Executive Order 12898
Pursuant to Executive Order 12898
(59 FR 7629, February 16, 1994),
entitled Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations, the Agency has considered
environmental justice-related issues
with regard to the potential impacts of
this action on the environmental and
health conditions in low-income and
minority communities. Recognizing that
lead-based paint hazard exposure is
more prevalent in those communities,
the Agency has developed a Spanish
language version of the pamphlet and is
seeking partners to investigate its
translation into other languages. The
Agency also requires that the signed
acknowledgment statements be in the
same language as the contract it
accompanies.
F. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), because this action is
not an economically significant
regulatory action as defined by
Executive Order 12866 (see Unit X.A.
above). This action does, however,
address environmental health or safety
risks affecting children, in that this rule
ensures that owners and occupants of
target housing are provided information
concerning the potential hazards of
lead-based paint exposure before certain
renovations are begun, and children are
particularly susceptible to the hazards
of lead. This information allows these
individuals to consider taking
appropriate precautions to avoid
exposure to the lead-contaminated dust
and lead-based paint debris that are
sometimes generated during renovations
of housing with lead-based paint. In
fact, children under the age of 6 are the
primary beneficiaries of this rule, as
well as the Agency's overall Lead
Program.
XI. Submission to Congress and the
General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the
Administrative Procedure Act (APA) as
amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (Title II of Pub. L. 104-121, 110
Stat. 847), EPA submitted a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
today's Federal Register. This rule is
not a ''major rule'' as defined by 5
U.S.C. 804(2) of the APA as amended.
List of Subjects in 40 CFR Part 745
Environmental protection, Abatement,
Housing renovation, Lead, Lead-based
paint, Reporting and recordkeeping
requirements.
Dated: May 22, 1998.
Carol M. Browner,
Administrator.
Therefore, 40 CFR chapter I is
amended as follows.
PART 745-[AMENDED]
1. The authority citation for part 745
is revised to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2681-2692
and 42 U.S.C. 4852d.
2. Subpart E is added to read as
follows:
Subpart E-Residential Property
Renovation
Sec.
745.80 Purpose.
745.81 Effective date.
745.82 Applicability.
745.83 Definitions.
745.84 Confidential business information.
745.85 Information distribution
requirements.
745.86 Recordkeeping requirements.
745.87 Enforcement and inspections.
745.88 Acknowledgment and certification
statements.
Subpart E-Residential Property
Renovation
§ 745.80 Purpose.
This subpart contains regulations
developed under Title IV (15 U.S.C.
2681-2692) of the Toxic Substances
Control Act and applies to all
renovations of target housing performed
for compensation. The purpose of this
subpart is to require each person who
performs a renovation of target housing
for compensation to provide a lead
hazard information pamphlet to the
owner and occupant of such housing
prior to commencing the renovation.
§ 745.81 Effective date.
The requirements in this subpart shall
take effect on June 1, 1999.
§ 745.82 Applicability.
(a) Except as provided in paragraph
(b) of this section, this subpart applies
to all renovations of target housing
performed for compensation.
(b) This subpart does not apply to
renovation activities that are limited to
the following:
(1) Minor repair and maintenance
activities (including minor electrical
work and plumbing) that disrupt 2
square feet or less of painted surface per
component.
(2) Emergency renovation operations.
(3) Renovations in target housing in
which a written determination has been
made by an inspector (certified pursuant
to either Federal regulations at § 745.226
or a State or Tribal certification program
authorized pursuant to § 745.324) that
the components affected by the
renovation are free of paint or other
surface coatings that contain lead equal
to or in excess of 1.0 milligram per
square centimeter or 0.5 percent by
weight, where the renovator has
obtained a copy of the determination.
§ 745.83 Definitions.
For purposes of this part, the
definitions in § 745.103 as well as the
following definitions apply:
Administrator means the
Administrator of the Environmental
Protection Agency.
Emergency renovation operations
means renovation activities, such as
operations necessitated by non-routine
failures of equipment, that were not
planned but result from a sudden,
unexpected event that, if not
immediately attended to, presents a
safety or public health hazard, or
threatens equipment and/or property
with significant damage.
Multi-family housing means a housing
property consisting of more than four
dwelling units.
Pamphlet means the EPA pamphlet
developed under section 406(a) of TSCA
for use in complying with this and other
rulemakings under Title IV of TSCA and
the Residential Lead-Based Paint Hazard
Reduction Act, or any State or Tribal
pamphlet approved by EPA pursuant to
40 CFR 745.326 that is developed for the
same purpose. This includes
reproductions of the pamphlet when
copied in full and without revision or
deletion of material from the pamphlet
(except for the addition or revision of
State or local sources of information).
Person means any natural or judicial
person including any individual,
corporation, partnership, or association;
any Indian Tribe, State, or political
subdivision thereof; any interstate body;
and any department, agency, or
instrumentality of the Federal
Government.
Renovation means the modification of
any existing structure, or portion
thereof, that results in the disturbance of
painted surfaces, unless that activity is
performed as part of an abatement as
defined by this part (40 CFR 745.223).
The term renovation includes (but is not
limited to): the removal or modification
of painted surfaces or paintedcomponents (e.g., modification of
painted doors, surface preparation
activity (such as sanding, scraping, or
other such activities that may generate
paint dust)); the removal of large
structures (e.g., walls, ceiling, large
surface replastering, major re-plumbing);
and window replacement.
Renovator means any person who
performs for compensation a renovation.
§ 745.84 Confidential business
information.
(a) Those who assert a confidentiality
claim for submitted information must
provide EPA with two copies of their
submission. The first copy must be
complete and contain all information
being claimed as confidential. The
second copy must contain only
information not claimed as confidential.
EPA will place the second copy of the
submission in the public file.
(b) 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.
§ 745.85 Information distribution
requirements.
(a) Renovations in dwelling units. No
more than 60 days before beginning
renovation activities in any residential
dwelling unit of target housing, the
renovator shall:
(1) Provide the owner of the unit with
the pamphlet, and comply with one of
the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) In addition to the requirements in
paragraph (a)(1) of this section, if the
owner does not occupy the dwelling
unit, provide an adult occupant of the
unit with the pamphlet, and comply
with one of the following:
(i) Obtain, from the adult occupant, a
written acknowledgment that the
occupant has received the pamphlet; or
certify in writing that a pamphlet has
been delivered to the dwelling and that
the renovator has been unsuccessful in
obtaining a written acknowledgment
from an adult occupant. Such
certification must include the address of
the unit undergoing renovation, the date
and method of delivery of the pamphlet,
names of the persons delivering the
pamphlet, reason for lack of
acknowledgment (e.g., occupant refuses
to sign, no adult occupant available), the
signature of the renovator, and the date
of signature.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(b) Renovations in common areas. No
more than 60 days before beginning
renovation activities in common areas of
multi-family housing, the renovator
shall:
(1) Provide the owner with the
pamphlet, and comply with one of the
following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) Notify in writing, or ensure written
notification of, each unit of the multi-family
housing and make the pamphlet
available upon request prior to the start
of renovation. Such notification shall be
accomplished by distributing written
notice to each affected unit. The notice
shall describe the general nature and
locations of the planned renovation
activities; the expected starting and
ending dates; and a statement of how
the occupant can obtain the pamphlet,
at no charge, from the renovator.
(3) Prepare, sign, and date a statement
describing the steps performed to notify
all occupants of the intended renovation
activities and to provide the pamphlet.
(4) If the scope, locations, or expected
starting and ending dates of the planned
renovation activities change after the
initial notification, the renovator shall
provide further written notification to
the owners and occupants providing
revised information on the ongoing or
planned activities. This subsequent
notification must be provided before the
renovator initiates work beyond that
which was described in the original
notice.
(c) Written acknowledgment. Sample
language for such acknowledgments is
provided in § 745.88. The written
acknowledgments required in
paragraphs (a)(1)(i), (a)(2)(i), and (b)(1)(i)
of this section shall:
(1) Include a statement recording the
owner or occupant's name and
acknowledging receipt of the pamphlet
prior to the start of renovation, the
address of the unit undergoing
renovation, the signature of the owner
or occupant as applicable, and the date
of signature.
(2) Be either a separate sheet or part
of any written contract or service
agreement for the renovation.
(3) Be written in the same language as
the text of the contract or agreement for
the renovation or, in the case of non-owner
occupied target housing, in the
same language as the lease or rental
agreement or the pamphlet.
§ 745.86 Recordkeeping requirements.
(a) Renovators shall retain and, if
requested, make available to EPA all
records necessary to demonstrate
compliance with this subpart for a
period of 3 years following completion
of the renovation activities in target
housing. This 3-year retention
requirement does not supersede longer
obligations required by other provisions
for retaining the same documentation,
including any applicable State or Tribal
laws or regulations.
(b) Records that must be retained
pursuant to paragraph (a) of this section
shall include (where applicable):
(1) Reports certifying that a
determination had been made by an
inspector (certified pursuant to either
Federal regulations at § 745.226 or an
EPA-authorized State or Tribal
certification program) that lead-based
paint is not present in the area affected
by the renovation, as described in
§ 745.82(b)(vi).
(2) Signed and dated
acknowledgments of receipt as
described in § 745.85(a)(1)(i), (a)(2)(i),
and (b)(1)(i).
(3) Certifications of attempted
delivery as described in § 745.85(a)(2)(i).
(4) Certificates of mailing as described
in § 745.85(a)(1)(ii), (a)(2)(ii), and
(b)(1)(ii).
(5) Records of notification activities
performed regarding common area
renovations, as described in
§ 745.85(b)(3) and (4).
§ 745.87 Enforcement and inspections.
(a) Failure or refusal to comply with
any provision of this subpart is a
violation of TSCA section 409 (15 U.S.C.
2689).
(b) Failure or refusal to establish and
maintain records or to make available or
permit access to or copying of records,
as required by this subpart, is a
violation of TSCA sections 15 and 409
(15 U.S.C. 2614 and 2689).
(c) Failure or refusal to permit entry
or inspection as required by 40 CFR
745.87 and TSCA section 11 (15 U.S.C.
2610) is a violation of sections 15 and
409 (15 U.S.C. 2614 and 2689).
(d) Violators may be subject to civil
and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for
each violation.
(e) EPA may conduct inspections and
issue subpoenas pursuant to the
provisions of TSCA section 11 (15
U.S.C. 2610) to ensure compliance with
this subpart.
§ 745.88 Acknowledgment and
certification statements.
(a)(1) Acknowledgment statement. As
required under § 745.85(c)(1), acknowledgments shall include a
statement of receipt of the pamphlet
prior to the start of renovation, the
address of the unit undergoing
renovation, the signature of the owner
or occupant as applicable, and the date
of signature.
(2) Sample acknowledgment
language. The following is a sample of
language that could be used for such
acknowledgments:
I have received a copy of the pamphlet,
Protect Your Family From Lead In Your
Home, informing me of the potential
risk of lead hazard exposure from
renovation activity to be performed in
my dwelling unit. I received this
pamphlet before the work began.
llllllll
llllllll
Printed Name and Signature
llllll
Date
lllllll
lllllll
Unit Address
(b)(1) Certification of attempted
delivery. When an occupant is
unavailable for signature or refuses to
sign the acknowledgment of receipt of
the pamphlet, the renovator is permitted
(per § 745.85(a)(2)(i)) to certify delivery
for each instance. The certification shall
include the address of the unit
undergoing renovation, the date and
method of delivery of the pamphlet,
names of the persons delivering the
pamphlet, reason for lack of
acknowledgment (e.g. occupant refuses
to sign, no adult occupant available), the
signature of the renovator, and the date
of signature.
(2) Sample certification language. The
following is a sample of language that
could be used under those
circumstances:
(i) Unavailable for signature.
I certify that I have made a good faith
effort to deliver the pamphlet, Protect
Your Family From Lead In Your Home,
to the unit listed below at the dates and
times indicated, and that the occupant
refused to sign the acknowledgment. I
further certify that I have left a copy of
the pamphlet at the unit with the
occupant.
llllllll
llllllll
Printed Name and Signature
lllllll
Date
llllll
llllll
Unit Address
Attempted delivery dates and times:
(ii) Refusal to sign.
I certify that I have made a good faith
effort to deliver the pamphlet, Protect
Your Family From Lead In Your Home,
to the unit listed below, and that the
occupant was unavailable to sign the
acknowledgment. I further certify that I
have left a copy of the pamphlet at the
unit by sliding it under the door.
lllllll
lllllll
Printed Name and Signature
llllllll
Date
llllllll
llllllll
Unit Address
Attempted delivery dates and times:
[FR Doc. 98-14437 Filed 5-29-98; 8:45 am]
BILLING CODE 6560-50-F