[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Notices]
[Pages 23283-23285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11270]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-LA; FRL-5781-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Louisiana's Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On March 9, 1998, the State of Louisiana 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 Louisiana's application, and provides a 45-day
public comment
[[Page 23284]]
period and an opportunity to request a public hearing on the
application. Louisiana 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 be established in
Louisiana.
DATES: The State program became effective March 9, 1998. Submit
comments on the authorization application on or before June 12, 1998.
Public hearing requests must be submitted on or before May 12, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket number ``PB-402404-LA'' (in duplicate) to:
Environmental Protection Agency, Region 6, 6PD-T, 1445 Ross Ave., Suite
1200, Dallas, TX 75202-2733.
Comments, data, and requests for a public hearing may also be
submitted electronically to: robinson.jeffrey@epamail.epa.gov. Follow
the instructions under Unit IV. of this document. No Confidential
Business Information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Jeffrey Robinson, Regional Lead
Coordinator, 1445 Ross Ave., Suite 1200, 6PD-T, Dallas, TX 75202-2733.
Telephone: (214) 665-7577, e-mail address:
robinson.jeffrey@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 28, 1992, the U.S. Congress passed Pub. L. 102-550 which
included the Residential Lead-Based Paint Hazard Reduction Act of 1992.
This Act amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV--Lead
Exposure Reduction (15 U.S.C. 2681 et seq.).
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, a State or Tribe may seek authorization
from EPA to administer and enforce their own lead-based paint
activities program (TSCA, Title IV, section 404(a)).
On August 29, 1996 (61 FR 45777) (FRL-5389-9), EPA promulgated the
final TSCA section 402/404 regulations. On August 31, 1998, EPA will
institute the Federal program in States or Tribes that do not have an
authorized program. States and Tribes that choose to apply for program
authorization must submit a complete application to the appropriate
Regional EPA Office for review. These applications must 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 et seq., 40 CFR 745.324).
A State or Tribe 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 (or
equivalent) that states that the program meets all the requirements set
by section 404(b) of TSCA. Upon receipt of a self-certification letter,
the program is deemed authorized until such time as EPA disapproves the
program application or withdraws the program authorization.
This notice announces the receipt of Louisiana's application, and
provides a 45-day public comment period and an opportunity to request a
public hearing on the application. EPA is requesting comments on the
application and whether Louisiana meets the requirements for
authorization in 40 CFR 745.324(e). Louisiana has provided a self-
certification letter from the Governor 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 be established in Louisiana.
II. State Program Description Summary
The Louisiana Department of Environmental Quality (LDEQ) Lead
Program encompasses a two-fold mission--to enforce regulations of lead-
based paint activities and to provide education to the public on the
hazards of lead-based paint, lead-contaminated soil, and lead-
contaminated dust. The regulatory framework for this program is
contained in Louisiana Administrative Code (LAC) 33:Part III. Chapter
28 (Lead-Based Paint Activities) and in LAC 33:Part III. Chapter 2
(Lead Program Fees).
Title 33, Part III, Chapter 28, Lead-Based Paint Activities--
Recognition, Accreditation, Licensure, and Standards for Conducting
Lead-Based Paint Activities, requires that all lead-based paint
activities in target housing (pre-1978 residences) and child-occupied
facilities (such as day-care centers) are conducted by appropriately
certified contractors. The regulation establishes requirements for the
certification and training of persons who conduct lead-based paint
activities (lead workers, lead project supervisors, lead inspectors,
lead risk assessors, and lead project designers), sets forth
requirements for individuals who provide training and instruction to
this work force, and requires the licensure of lead abatement
contractors. The work practice standards contained in the regulation
apply to those individuals who perform inspections, lead hazard
screens, risk assessments, and abatement projects in target housing and
child-occupied facilities. These standards require that the LDEQ be
notified prior to the initiation of an abatement activity. A
``grandfathering'' provision is available to individuals who received
EPA-model-curriculum training in lead-based paint activities between
January 1, 1995, and March 20, 1998.
The LDEQ's public outreach program utilizes a multi-agency approach
to heighten public awareness of lead-based paint hazards and to provide
compliance assistance to the regulated community. The Lead Program
works with the Louisiana Cooperative Extension Service to disseminate
information to the citizens of Louisiana on lead in housing issues;
with the Louisiana Department of Health and Hospitals to address
environmental lead contamination affecting those children age 6 and
under who are found to have elevated blood-lead levels; and with the
Louisiana State Licensing Board for Contractors to ensure that lead
abatement contractors who seek licenses in Louisiana meet criteria set
by the State legislature. LDEQ staff members participate in workshops
and seminars with the regulated community, and address concerns of
homeowners' associations and nonprofit groups who rehabilitate homes in
the community. A multi-media approach, including print, radio, and TV,
is used to inform the public of the hazards associated with
[[Page 23285]]
lead-based paint, lead-contaminated dust, and lead-contaminated soils.
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-LA.''
Copies of this notice, the State of Louisiana's authorization
application, and all comments received on the application are available
for inspection in the Region 6 office, from 7:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket is located at EPA
Region 6 Library, Environmental Protection Agency, 1445 Ross Ave.,
Suite 1200, Dallas, TX.
Electronic comments can be sent directly to EPA at:
robinson.jeffrey@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 in 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-LA.'' Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: April 17, 1998.
Robert E. Hanneschlager,
Acting Division Director, Multimedia Planning and Permitting, Region
VI.
[FR Doc. 98-11270 Filed 4-27-98; 8:45 a.m.]
BILLING CODE 6560-50-F
