[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59561-59563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29539]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-WI; FRL-6037-6]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Wisconsin'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 31, 1998, the State of Wisconsin 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 Wisconsin's application, provides a 45-day
public comment period, and provides an opportunity to request a public
hearing on the application.
DATES: Comments on the authorization application must be received on or
before December 21, 1998. Public hearing requests must be received on
or before November 19, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by the tracking number PB-402404-WI. (in duplicate)
to: Environmental Protection Agency, Region V, DT-8J, 77 West Jackson
Blvd., Chicago, IL 60604. Comments, data, and requests for a public
hearing may also be submitted electronically to:
turpin.david@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: Marlyse Wiebenga, Project Officer,
Environmental Protection Agency, Region V, DT-8J, 77 West Jackson
Blvd., Chicago, IL 60604, Telephone: (312) 886-4437.
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 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.
In lieu of the Federal program, under section 404(a), a State or Tribe
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 final program authorization, 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 Wisconsin'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
Under section 250.04, Wisconsin Statutes, the Wisconsin Department
of Health and Family Services (DHFS), as the designated State health
planning and development agency, is given broad authority to administer
and enforce public health programs. Among other
[[Page 59562]]
duties, the DHFS is charged with the general supervision of the health
of Wisconsin citizens and surveillance activities sufficient to detect
any occurrence of acute, communicable, or chronic diseases and threat
of occupational or environmental hazards, and the administration of
programs for the control and prevention of public health problems. It
is granted all powers necessary to fulfill the duties prescribed in
Wisconsin Statutes and to bring action in the courts for the
enforcement of public health statutes and rules, including the
authority to administer oaths, certify to official acts, and to issue
subpoenas and compel the attendance of witnesses.
Chapter HFS 163, Wisconsin Administrative Code, has been
promulgated by DHFS under the authority of ch. 254, Wisconsin Statutes
to ensure that persons who perform lead-based paint activities do so
safely to prevent exposure of building occupants to hazardous levels of
lead. This is accomplished by requiring that before a person performs,
supervises, or offers to perform or supervise a lead-based paint
activity involving target housing (built before 1978) or a child-
occupied facility or the real property on which the target housing or
child-occupied facility stands, the person must be certified by the
Department. In addition, no person may offer, advertise, claim to
provide, or conduct a lead training course that is represented as
qualifying a person for certification unless the course has received
accreditation from the department, has an approved principal
instructor, uses only approved instructors, and the training provider
is owned by or employs an approved training manager.
Both lead companies and individual lead professionals must be
certified to perform any of the following lead-based paint activities:
abatement, other lead hazard reduction funded by a HUD lead-based paint
grant, clearance, inspection, lead hazard screen, risk assessment or
project design. A homeowner must be certified to perform a lead-based
paint activity in the homeowner's own nonrental dwelling or real
property when the dwelling is occupied by a person other than the
owner's immediate family, a child has been identified as having an
elevated blood lead level as described in code, or use of certified
persons has been ordered.
Certification for individuals is offered in the following
disciplines: lead inspector, project designer, risk assessor,
supervisor, worker, and worker-homeowner. To be certified, an
individual must be at least 18 years of age, meet the discipline's
education and experience requirements, and successfully complete
certification training requirements. The Department accredits the
training courses which prepare individuals for certification. To be
certified as a lead inspector, risk assessor, or supervisor, the
individual also must pass a State certification exam administered or
approved by the Department.
To be certified, a lead company must agree to employ only
appropriately certified employees to perform or supervise lead-based
paint activities, must agree that all company employees will follow the
established work practice standards and will comply with all lead-based
paint regulations. In addition, the employer responsible for persons
performing lead-based paint abatement, or a designated employee, must
be certified as a lead supervisor for purposes of ensuring the safe
performance of lead-based paint abatement activities, providing
notification of lead hazard reduction activities, verifying employee
certification, and ensuring compliance with lead-based paint
regulations. The employer responsible for persons providing lead
management services, including lead inspections, lead hazard screens,
and risk assessments, must be certified as a lead risk assessor for
purposes of ensuring the safe performance of lead management
activities, submitting reports of lead management activities, verifying
employee certification, and ensuring compliance with lead-based
regulations.
All lead-based paint activities performed must comply with work
practice standards established under ch. HFS 163, and training must be
consistent with the work practice standards. Work practice standards
address the following lead-based paint activities: inspection, lead
hazard screen, risk assessment, abatement, clearance, collection and
laboratory analysis of samples, composite dust sampling, and
recordkeeping.
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 the tracking number ``PB-402404-WI.'' Copies
of this notice, the State of Wisconsin's authorization application, and
all comments received on the application are available for inspection
in the Region V office, from 8:30 a.m. to 5 p.m., Monday through
Friday, excluding legal holidays. The application materials are located
at the Toxics Program Section, Environmental Protection Agency, Region
V, 8th floor, 77 West Jackson Blvd., Chicago, IL.
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:
turpin.david@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 tracking number ``PB-402404-WI.'' 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. In addition, this action does
not contain any Federal mandates, and therefore is not subject to the
requirements of the Unfunded
[[Page 59563]]
Mandates Reform Act (2 U.S.C. 1531-1538). Finally, 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 26, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.
[FR Doc. 98-29539 Filed 11-3-98; 8:45 am]
BILLING CODE 6560-50-F
