[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Notices]
[Pages 14444-14446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7338]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-IA; FRL-6059-2]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities and Hazard Education Before Renovation of Target Housing;
State of Iowa'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 7, 1998, the State of Iowa 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) and requirements for hazard education before
renovation of target housing under section 406 of TSCA. This notice
announces the receipt of the State of Iowa'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 May 10, 1999. Public hearing requests must be received on or
before April 26, 1999.
ADDRESSES: Submit all written comments identified by docket number PB-
402404-IA (in duplicate) to: Environmental Protection Agency, Region
VII, Mazzie Talley, Air, RCRA and Toxics Division, Radiation, Asbestos,
Lead and Indoor Programs Branch, 726 Minnesota Ave., Kansas City, KS
66101.
Comments, data, and requests for a public hearing may also be
submitted electronically to: talley.mazzie@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: Mazzie Talley, Environmental
Protection Agency, Region VII, Air, RCRA and Toxics Division,
Radiation, Asbestos, Lead and Indoor Programs Branch, 726 Minnesota
Ave., Kansas City, KS 66101; telephone (913) 551-7518; e-mail address:
talley.mazzie@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.
2681-2692), entitled Lead Exposure Reduction.
Section 402 of TSCA (15 U.S.C. 2682) 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
[[Page 14445]]
are certified and follow documented work practice standards. Under
section 404 (15 U.S.C. 2684), a State may seek authorization from EPA
to administer and enforce its own lead-based paint activities program.
Section 406 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to
promulgate final regulations governing the development of a lead hazard
information pamphlet and requires each person who performs for
compensation a renovation of target housing to provide a lead hazard
information pamphlet to the owner and occupant of such housing prior to
commencing the renovation. Under section 404 (15 U.S.C. 2684), a State
may seek authorization from EPA to develop their own pamphlet,
administer and enforce its own pre-renovation notification 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). On June 1, 1998 (63 FR 29907) (FRL-5751-7), EPA
promulgated final TSCA section 406 regulations governing hazard
education before renovation of target housing. 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 (15
U.S.C. 2684(h)), 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 (15 U.S.C.
2684(a)). This authorization becomes ineffective, however, if EPA
disapproves the application.
Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), 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 the State of
Iowa's application meets the requirements for EPA approval. EPA's final
decision on the application will be published in the Federal Register.
II. State Program Description Summary
The following summary of the State of Iowa's proposed program has
been provided by the applicant:
Lead-Based Paint Activities Training and Certification Program and
Pre-renovation Notification Program
The state of Iowa has submitted an application to the U.S.
Environmental Protection Agency asking for the state's Lead-Based
Paint Activities Training and Certification Program and Pre-
renovation Notification Program to be authorized. The Iowa
Department of Public Health is the lead agency for these programs.
The rules for the Lead-Based Paint Activities Training and
Certification Program are found in 641-Chapter 70 of the Iowa
Administrative Code. The training and certification requirements go
into effect on August 1, 1999. These rules:
1. Establish the disciplines of lead inspector, elevated blood lead
(EBL) inspector, lead abatement contractor, lead abatement worker,
and visual risk assessor.
2. Establish work practice requirements for lead inspections, EBL
inspections, risk assessments, lead hazard screens, visual risk
assessments, and lead abatement.
3. Require individuals who conduct these activities to be certified
by August 1, 1999. In order to be certified, individuals must
complete an approved training program and meet additional education
and experience requirements.
4. Establish procedures for the suspension, revocation, or
modification of certifications.
5. Establish requirements for the approval of training programs and
requirements and procedures for the administration of a third-party
certification exam.
The rules for the Pre-renovation Notification Program are found in
641-Chapter 69 of the Iowa Administrative Code. These rules require
the distribution of lead hazard information to owners and occupants
of target housing before renovation for compensation. The pre-
renovation notification goes into effect on August 1, 1999. These
rules establish:
1. Clear standards for identifying home improvement activities that
trigger the pamphlet distribution requirements.
2. Procedures for distributing the lead hazard information to owners
and occupants of the housing prior to renovation activities.
3. Special procedures to be used for emergency renovation,
remodeling, and repainting of target housing for compensation for
the purpose of preventing significant property damage or threats to
public safety or health.
III. Federal Overfiling
TSCA section 404(b) (15 U.S.C. 2684(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-IA.
Copies of this notice, the State of Iowa's authorization application,
and all comments received on the application are available for
inspection in the Region VII Office, from 8 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The docket is located at
Environmental Protection Agency, Region VII, Air, RCRA and Toxics
Division, Radiation, Asbestos, Lead and Indoor Programs Branch, 726
Minnesota Ave., Kansas City, KS 66101.
Commenters are encouraged to structure their comments so as not to
contain information for which Confidential Business Information (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 non-confidential 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:
talley.mazzie@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-
[[Page 14446]]
IA. 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 the
Intergovernmental Partnership (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: February 24, 1999.
William Rice,
Acting Regional Administrator, Region VII.
[FR Doc. 99-7338 Filed 3-24-99; 8:45 a.m.]
BILLING CODE 6560-50-F
