[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 27960-27962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13628]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-OH; FRL-5790-2]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Ohio's Authorization Application
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On April 13, 1998, the State of Ohio submitted an application
for EPA approval to administer and enforce
[[Page 27961]]
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 Ohio's application, and provides a 45-day
public comment period and an opportunity to request a public hearing on
the application.
DATES: Submit comments on the authorization application on or before
July 6, 1998. Public hearing requests must be submitted on or before
June 5, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by tracking number ``PB-402404-OH'' (in duplicate)
to: Environmental Protection Agency, Region 5, 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 Confidential Business
Information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Erik Maurer, Project Officer,
Environmental Protection Agency, Region V, DT-8J, 77 West Jackson
Blvd., Chicago, IL 60604, Telephone: (312) 353-1263, e-mail address:
maurer.erik@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.).
II. State Program Description Summary
Chapter 3742 of the Ohio Revised Code contains Ohio's lead
licensing statutes. Chapters 3701-32 and 3701-82 of the Ohio
Administrative Code contain the rules that amplify Chapter 3742.
Together, the statutes and rules set up a licensing program operated by
the Ohio Department of Health (ODH) for individuals engaged in lead-
based paint activities. The statutes and rules also require ODH to
approve lead testing laboratories, lead training providers, and lead
abatement systems and products. In addition, they require physicians
and laboratories to report lead poisoning cases to the State. Finally,
they set up standards for the proper conduct of lead inspection, lead
assessment, and lead abatement activities.
ODH licenses individuals in five lead disciplines: lead abatement
contractor, lead abatement project designer, lead abatement worker,
lead inspector, and lead risk assessor. To become licensed, potential
contractors, workers, inspectors, and assessors must successfully
complete an ODH-approved training course for the discipline in
question, properly complete the licensing application, pay the
appropriate license fee, and pass an independently administered state
licensing examination. Registered sanitarians, sanitarians-in-training,
certified industrial hygienists, and hygienists-in-training are
exempted from the initial training requirement, but are required to
pass the required certification exams and attend refresher training.
ODH does not require project designers to pass a State licensing
examination as a condition of licensing. Project designers are subject
to rigorous education, experience, and training requirements as a
condition of licensing.
A resident may conduct lead activities on his or her residence
without a license. In most other cases, licensed personnel must conduct
lead inspection, lead abatement, or lead assessment activities on a
private residence or place of education or day care for a child under
the age of 6. Any lead work conducted must comply with the work
practices contained in rule 3701-32-02 of the Ohio Administrative Code.
Rule 3701-32-02 references the suggested work practice procedures
contained in the United States Department of Housing and Urban
Development Guidelines for the Evaluation and Control of Lead-Based
Paint in Housing (Guidelines). Pertinent chapters of the Guidelines are
attachments to rule 3701-32-02 and other rules, and thus are part of
Ohio's work practice standard.
Licensed personnel must prepare a lead inspection, lead risk
assessment, or lead abatement report when conducting activities covered
by Chapter 3742. The report must contain information recommended in the
Guidelines and required by rule. All samples collected must be sent to
an approved laboratory for analysis. Licensed personnel must keep
copies of the report for a period of 3 years and are required to
furnish reports to appropriate individuals.
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-OH.'' Copies
of this notice, the State of Ohio'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 available at:
Toxics Program Section, Environmental Protection Agency, Region V, 8th
floor, 77 West Jackson Blvd., Chicago, IL.
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
[[Page 27962]]
the tracking number ``PB-402404-OH.'' 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: May 11, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.
[FR Doc. 98-13628 Filed 5-20-98; 8:45 am]
BILLING CODE 6560-50-F
