[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Notices]
[Pages 27266-27268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12590]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-AR; FRL-6078-1]
Lead; Requirements for Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities; State of Arkansas's
Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for a public
hearing.
-----------------------------------------------------------------------
SUMMARY: On March 29, 1999, the State of Arkansas 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 Arkansas's application, and provides a 45-day
public comment period and an opportunity to request a public hearing on
the application. Arkansas has provided a certification that their
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.
DATES: The State program became effective March 29, 1999. Submit
comments on the authorization application on or before July 6, 1999.
Public hearing requests must be submitted on or before June 2, 1999.
If a public hearing is requested and granted, the hearing will be
held on May 21, 1999, 1:30 p.m., at the Arkansas Department of
Environmental Quality, Administration Building, 8003 National Drive,
Little Rock, Arkansas. If a public hearing is not requested, this
meeting time and place will be canceled. Therefore, individuals are
advised to verify the status of the public hearing by contacting
Jeffrey Robinson (name, telephone number, and address are provided in
the ``FOR FURTHER INFORMATION CONTACT'' section of this notice) after
June 2, 1999 and before the May 21, 1999 public hearing date.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-AR'' (in
duplicate) to: Environmental Protection Agency, Region VI, 6PD-T, 1445
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
Comments, data, and requests for public hearing may also be
submitted electronically to steele.eva@epamail.epa.gov. Follow the
instructions under Unit IV. of this document. No Confidential Business
Information (CBI) should be submitted through e-mail.
[[Page 27267]]
FOR FURTHER INFORMATION CONTACT: Jeffrey Robinson, Regional Lead
Coordinator, Environmental Protection Agency, Region VI, 6PD-T, 1445
Ross Avenue, Suite 1200, 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 Housing and Community Development Act of
1992, Public Law 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 EPA to promulgate final regulations
governing lead-based paint activities. Lead-based paint activities is
defined in section 402(b) of TSCA and authorizes EPA to regulate lead-
based paint activities in target housing, public buildings built prior
to 1978, commercial buildings, bridges and other structures or
superstructures. 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. On August 31, 1998, EPA instituted the Federal program
in States or Indian Country without an authorized program, as provided
by section 404(h) of TSCA.
States and Indian 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 Indian Tribe must demonstrate that its program
is at least as protective of human health and the environment as the
Federal program, and provides 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 until such
time as EPA disapproves the program application or withdraws the
authorization.
Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether Arkansas's application meets the requirements
for EPA approval. This notice also provides an opportunity to request a
public hearing on the application. Arkansas has provided a self-
certification letter from the Governor and Attorney General 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
Arkansas.
II. State Program Description Summary
The Arkansas lead-based paint program is administered by the Lead-
Based Paint Section of the Arkansas Department of Environmental Quality
(ADEQ). The lead-based paint program duties include enforcement,
compliance assistance, inspections, certification, licensing, and
public education.
The Arkansas Lead-Based Paint Hazard Rules are modeled after the
Federal lead-based paint activities rules found at 40 CFR part 745,
subpart L. The rules are applicable to lead-based paint activities
performed in target housing and child-occupied facilities. ADEQ has
developed a program that ensures that lead-based paint activities
conducted in target housing or child-occupied facilities in the State
of Arkansas are performed by trained and certified individuals who are
employed by licensed lead-based paint firms. The Act also ensures that
the individuals are trained by lead-based paint training provders who
teach the curriculum outlined in 40 CFR part 745 and that the trained
providers receive review and approval prior to receiving a license and
are audited to maintain a standard of instruction. Finally, the Act
ensures that certified individuals, as well as licensed firms, perform
lead-based paint activities according to work practice standards
approved by 40 CFR part 745.
All training program providers are required to receive licensing
prior to providing, offering, or claiming to provide lead-based paint
activities courses or refresher courses in the State of Arkansas in any
of the following disciplines: inspector, risk assessor, supervisor,
project designer, and abatement worker. Programs that have been
accredited and or licensed by another State or agency must apply for
and receive licensing from ADEQ before conducting or advertising a
training course in Arkansas. ADEQ has the authority to audit training
programs at any reasonable time.
All individuals must apply for certification and all firms must
apply for licensing prior to conducting lead-based paint activities in
the State of Arkansas. The appropriate certification exam must be taken
every 3 years for certain disciplines. Persons holding a valid
certification issued by another State or Agency must apply for and
receive certification from ADEQ. Firms that perform lead-based paint
services must be licensed by ADEQ and must employ properly certified
employees.
ADEQ has developed work practice standards modeled after the
requirements at 40 CFR 745.227. ADEQ must be notified in advance of the
start of an abatement project and an abatement notification fee must be
paid. ADEQ has the authority to inspect or investigate the practices of
any person involved in lead-based paint activities in target housing
and child-occupied facilities. Only laboratories accredited by the
National Lead Laboratory Accreditation Program (NLLAP) recognized by
EPA may conduct required analyses, but x-ray fluorescence may be used
for on-site lead detection.
Arkansas has submitted information in the application addressing
the required program elements for State lead-based paint activities
programs pursuant to 40 CFR 745.325. In addition, Arkansas has
submitted information detailing their lead-based paint compliance and
enforcement programs as required by 40 CFR 745.327. At this time,
Arkansas is not seeking authorization of a pre-
[[Page 27268]]
renovation notification program pursuant to 40 CFR 745.326.
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-AR.''
Copies of this notice, the State of Arkansas's authorization
application, and all comments received on the application are available
for inspection in the Region VI office, from 7:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The docket is located
at the EPA Region VI Library, Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, TX.
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:
steele.eva@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-AR.'' 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: April 27, 1999.
Gerald Fontenot,
Acting Division Director, Multimedia Planning and Permitting, Region
VI.
[FR Doc. 99-12590 Filed 5-18-99; 8:45 am]
BILLING CODE 6560-50-F
