[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Pages 59994-59996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29810]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-DE; FRL-6037-3]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; the State of Delaware'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 27, 1998, the State of Delaware 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 Delaware'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 December 7, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-DE (in
duplicate) to: U.S. Environmental Protection Agency, Region III, Waste
and Chemicals Management Division, Toxics Programs and Enforcement
Branch (3WC33), 1650 Arch St., Philadelphia, PA 19103-2029.
Comments, data, and requests for a public hearing may also be
submitted electronically to: johnson.artencia@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: Artencia R. Johnson (3WC33), Waste and
Chemicals Management Division, U.S. Environmental Protection Agency,
Region III, 1650 Arch St., Philadelphia, PA 19103, Telephone: (215)
814-5754; e-mail: johnson.artencia@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.
[[Page 59995]]
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 Delaware'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 Delaware's proposed program has been
provided by the applicant.
The State of Delaware, Department of Health and Social Services
(DHSS), Division of Public Health (DPH), Office of Lead Poisoning
Prevention (OLPP), under whose jurisdiction Delaware's childhood lead
reduction initiatives reside, is the entity within State government
that has promulgated the required regulations. The program will be at
least as protective of human health and the environment as future
Federal programs and will provide for adequate enforcement. The main
thrust of Delaware's OLPP Program will be devoted to implement and
enforce the required regulations based upon enacted legislation
authorizing the establishment of a statewide lead prevention program.
These required regulations, entitled ``State of Delaware Regulations
Governing Lead-Based Paint Hazards,'' became effective August 11, 1998.
DPH's OLPP staff; Delaware State Housing Authority and other local
housing authorities; Division of Professional Regulations; Department
of Natural Resources and Environmental Control; City of Wilmington's
Housing Inspections Department; private industry and industry trade
associations (realtors, contractors, etc.); and other local and
community-based outreach groups. The combined and coordinated efforts
of these agencies will continue to play a vital role in the
implementation of DPH's Office of Lead Poisoning Prevention Program.
Delaware has a total population of approximately 739,337 people
located in three counties. The most heavily populated county is New
Castle with a population of 478,068. The population of Kent County is
123,528 and of Sussex County 137,741. Wilmington is the largest city
with a population of 71,517. Delaware's birth through 5-year old
population is 60,284.
Universal screening legislation in Delaware, the Childhood Lead
Poisoning Prevention Act, implemented in March 1995, requires private
health care providers to order blood lead screening on all children at
or around 12 months of age. All screening services are covered by third
party insurance. Uninsured children and those without a medical home
will continue to be screened at DPH Child Health Clinics. Environmental
inspections and lead hazard reduction will occur at least in the homes
of children with elevated blood lead levels >20 mcg/dL. In addition,
targeted screening and investigations will occur in high risk
neighborhoods, in day care centers, and the Head Start centers.
The lack of lead-safe housing is a problem in Delaware. Based on
1990 census information, it is estimated that approximately 144,000
owner and renter occupied homes in Delaware built prior to 1980 contain
some level of lead-based paint. The DPH OLPP Program has been
monitoring blood lead levels in children since 1975. Utilizing existing
OLPP data and 1990 U.S. Census information, the DPH has identified
target areas with the City of Wilmington. However, the existence of
lead-based paint in these target areas has not been confirmed. In
addition, there is insufficient data on housing in the remainder of the
State to conclusively identify other high risk areas.
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-DE.''
Copies of this notice, the State of Delaware's authorization
application, and all comments received on the application are available
for inspection in the Region III office, from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The docket is located
at U.S. Environmental Protection Agency, Region III, Waste and
Chemicals Management Division, Toxics Programs and Enforcement Branch
(3WC33), 1650 Arch St., Philadelphia, PA.
Electronic comments can be sent directly to EPA at:
johnson.artencia@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-DE.'' Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Information claimed as CBI should not be submitted electronically.
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 commenters submitting
such
[[Page 59996]]
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.
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.), 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 representative 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 mandates.''
Today's action does not create and 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 13984
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
and that significantly or uniquely effects 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 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 27, 1998.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 98-29810 Filed 11-5-98; 8:45 am]
BILLING CODE 6560-50-F
