[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59300-59302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29445]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-KY; FRL-6032-8]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Commonwealth of Kentucky's Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On August 28, 1998, the Commonwealth of Kentucky submitted an
application for EPA approval to administer and enforce training and
certification requirements, training program accreditation
requirements, and work practice standards for lead-based paint
activities in target housing and child-occupied facilities under
section 402 of the Toxic Substances Control Act (TSCA). This notice
announces the receipt of Kentucky's application, provides a 45-day
public
[[Page 59301]]
comment period, and provides an opportunity to request a public hearing
on the application. Kentucky has provided a certification that its
program meets the requirements for approval of a State program under
section 404 of TSCA. Therefore, pursuant to section 404, the program is
deemed authorized as of the date of submission. If EPA finds that the
program does not meet the requirements for approval of a State program,
EPA will disapprove the program, at which time a notice will be issued
in the Federal Register and the Federal program will take effect in
Kentucky.
DATES: Comments on the authorization application must be received on or
before December 18, 1998. Public hearing requests must be received on
or before November 17, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-KY'' (in
duplicate) to: Environmental Protection Agency, Region IV, Air,
Pesticides and Toxics Management Division, Atlanta Federal Center, 61
Forsyth St., SW., Atlanta, GA 30303-3104. Comments, data, and requests
for a public hearing may also be submitted electronically to: quinones.john@epamail.epa.gov. Follow the instructions under Unit IV.
of this document. No information claimed to be Confidential Business
Information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: John A. Beldin-Quinones, Project
Officer, Air, Pesticides and Toxics Management Division, Environmental
Protection Agency, Region IV, Atlanta Federal Center, 61 Forsyth St.,
SW., Atlanta, GA 30303-3104, Telephone: (404) 562-9171, e-mail address:
beldin-quinones.john@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 28, 1992, the Housing and Community Development Act of
1992, Pub. L. 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 et seq.) by adding Title IV (15 U.S.C.
2681-92), entitled ``Lead Exposure Reduction.''
Section 402 of TSCA authorizes and directs EPA to promulgate final
regulations governing lead-based paint activities in target housing,
public and commercial buildings, bridges, and other structures. Those
regulations are to ensure that individuals engaged in such activities
are properly trained, that training programs are accredited, and that
individuals engaged in these activities are certified and follow
documented work practice standards. Under section 404, a State may seek
authorization from EPA to administer and enforce its own lead-based
paint activities program.
On August 29, 1996 (61 FR 45777) (FRL-5389-9), EPA promulgated
final TSCA section 402/404 regulations governing lead-based paint
activities in target housing and child-occupied facilities (a subset of
public buildings). Those regulations are codified at 40 CFR part 745,
and allow both States and Indian Tribes to apply for program
authorization. Pursuant to section 404(h) of TSCA, EPA is to establish
the Federal program in any State or Tribal Nation without its own
authorized program in place by August 31, 1998.
States and Tribes 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 EPA within
180 days of receipt of the complete application. To receive EPA
approval, a State or Tribe 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 (section 404(b) of TSCA,
15 U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q)
provide the detailed requirements a State or Tribal program must meet
in order to obtain EPA approval.
A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA approval, by submitting a letter
signed by the Governor or Attorney General stating that the program
meets the requirements of section 404(b) of TSCA. Upon submission of
such certification letter, the program is deemed authorized. This
authorization becomes ineffective, however, if EPA disapproves the
application.
Pursuant to section 404(b) of TSCA, EPA provides notice and an
opportunity for a public hearing on a State or Tribal program
application before authorizing the program. Therefore, by this notice
EPA is soliciting public comment on whether Kentucky's application
meets the requirements for EPA approval. This notice also provides an
opportunity to request a public hearing on the application. If a
hearing is requested and granted, EPA will issue a Federal Register
notice announcing the date, time, and place of the hearing. EPA's final
decision on the application will be published in the Federal Register.
II. State Program Description Summary
The following summary of Kentucky's proposed program has been
provided by the applicant:
The Commonwealth of Kentucky, through the Kentucky Department of
Public Health (KDPH), is seeking authorization from EPA to administer
and enforce its own lead-based paint activities program. The authority
to administer and enforce the Kentucky Lead-Based Paint Program was
established in the 1996 regular session of the Kentucky General
Assembly.
The State lead-based paint program regulations are applicable to
persons engaged in lead-based paint activities in target housing and
child-occupied facilities. The State certification program requirements
include the certification of firms, inspectors, risk assessors,
supervisors, project designers and workers, as well as work practice
standards for all of these disciplines, adopted from section 402 of
TSCA.
Persons and companies seeking certification must apply using
specified form(s), pay an application fee, and provide proof of
accredited training, education and experience for the discipline which
they are applying. Companies must also provide a list and certification
number of KDPH-certified employees, and provide a notarized affidavit
stating that its employees will follow standard work practices
established by Kentucky regulations.
Training providers shall submit their name, address, and telephone
number, a fee for each course, a list of courses proposed for
accreditation, and documentation of the training manager's
qualifications. In addition, training providers must submit
documentation establishing reciprocity between the accreditation by
another State and Kentucky's requirements; or a statement signed by the
training manager certifying that the training program meets the
requirements established by Kentucky regulations, with submission of
manuals and course information; or provide information indicating that
the training provider is using materials developed by EPA.
Except for the worker discipline, all individuals must successfully
pass the third party exam, administered by the Department of Technical
Education (Kentucky Tech System), applicable to the discipline in order
to be certified.
The State program requires abatement permits prior to the
commencement of abatement activity. The KDPH will investigate tips and
complaints, and enforce certification, accreditation, and permitting
requirements for all disciplines, and for all abatement-
[[Page 59302]]
related activities, including training. The KDPH will refer possible
waste disposal violations to the Department of Environmental
Protection. The State program provides for the suspension, revocation,
or modification of training program accreditation and certifications of
individuals and firms.
III. Federal Overfiling
TSCA section 404(b) makes it unlawful for any person to violate, or
fail or refuse to comply with, any requirement of an approved State or
Tribal 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 or
Tribal program.
IV. Public Record and Electronic Submissions
The official record for this action, as well as the public version,
has been established under docket control number ``PB-402404-KY.''
Copies of this notice, the Commonwealth of Kentucky's authorization
application, and all comments received on the application are available
for inspection in the Region IV office, from 8 a.m. to 4:45 p.m.,
Monday through Friday, excluding legal holidays. The docket is located
at the EPA Region IV Library, Environmental Protection Agency, Atlanta
Federal Center, 9th Floor, 61 Forsyth St., SW., Atlanta, GA.
Commenters are encouraged to structure their comments so as not to
contain information for which CBI claims would be made. However, any
information claimed as CBI must be marked ``confidential,'' ``CBI,'' or
with some other appropriate designation, and a commenter submitting
such information must also prepare a nonconfidential version (in
duplicate) that can be placed in the public record. Any information so
marked will be handled in accordance with the procedures contained in
40 CFR part 2. Comments and information not claimed as CBI at the time
of submission will be placed in the public record.
Electronic comments can be sent directly to EPA at:
beldin-quinones.john@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file
format. All comments and data in electronic form must be identified by
the docket control number ``PB-402404-KY.'' Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Information claimed as CBI should not be submitted electronically.
V. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
EPA's actions on State or Tribal lead-based paint activities
program applications are informal adjudications, not rules. Therefore,
the requirements of the Regulatory Flexibility Act (RFA, 5 U.S.C. 601
et seq.), the Congressional Review Act (5 U.S.C. 801 et seq.),
Executive Order 12866 (``Regulatory Planning and Review,'' 58 FR 51735,
October 4, 1993), and Executive Order 13045 (``Protection of Children
from Environmental Health Risks and Safety Risks,'' 62 FR 1985, April
23, 1997), do not apply to this action. This action does not contain
any Federal mandates, and therefore is not subject to the requirements
of the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538). In addition,
this action does not contain any information collection requirements
and therefore does not require review or approval by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
B. Executive Order 12875
Under Executive Order 12875, entitled ``Enhancing Intergovernmental
Partnerships'' (58 FR 58093, October 28, 1993), EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local or Tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide to OMB a description of the extent of EPA's prior consultation
with representatives of affected State, local, and Tribal governments,
the nature of their concerns, copies of any written communications from
the governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local, and Tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's action does not create an unfunded Federal mandate on
State, local, or Tribal governments. This action does not impose any
enforceable duties on these entities. Accordingly, the requirements of
section 1(a) of Executive Order 12875 do not apply to this action.
C. Executive Order 13084
Under Executive Order 13084, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (63 FR 27655, May 19,
1998), EPA may not issue a regulation that is not required by statute,
that significantly or uniquely affects the communities of Indian tribal
governments, and that imposes substantial direct compliance costs on
those communities, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by the Tribal
governments. If the mandate is unfunded, EPA must provide OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected Tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's action does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this action.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: October 16, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 98-29445 Filed 11-2-98; 8:45 am]
BILLING CODE 6560-50-F
