[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38402-38404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18989]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-OR; FRL-5799-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Oregon Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On March 31, 1998, the State of Oregon 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 Oregon'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 August 31, 1998. Public hearing requests must be received on or
before July 30, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-OR'' (in
duplicate) to: Barbara Ross, Environmental Protection Agency, Region X,
1200 Sixth Avenue, WCM-128, Seattle, WA 98101.
Comments, data, and requests for a public hearing may also be
submitted electronically to: ross.barbara@epamail.epa.gov. Follow the
instructions under Unit V. of this document. No information claimed to
be Confidential Business Information (CBI) should be submitted through
e-mail.
FOR FURTHER INFORMATION CONTACT: Barbara Ross, Regional Lead
Coordinator, Environmental Protection Agency, Region X, 1200 Sixth
Avenue, WCM-128, Seattle, WA 98101, telephone: (206) 553-1985, e-mail
address: ross.barbara@epamail.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.
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). 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.
[[Page 38403]]
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 Oregon'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 the State of Oregon's proposed program has
been provided by the applicant:
On March 31, 1998, Oregon State Health Division applied to EPA for
authorization to administer and enforce a State Lead-based Paint
Program. The Lead-based Paint Program is administered by the Oregon
Health Division who shares responsibilities for certification and for
enforcement with the Construction Contractors Board (CCB).
The purpose of the Oregon State lead program is to protect the
public from the hazards of improperly conducted lead-based paint
activities. The program is designed to protect families from exposure
to lead in paint, dust, and soil. The lead program ensures that
contractors claiming to know how to inspect, assess, or remove lead-
based paint, dust or soil are well-qualified, trained, and certified to
conduct these activities. Training and certification is required to
ensure the proficiency of contractors who offer to conduct lead-based
paint inspection, risk assessment and abatement services in residences
and day care centers. Accreditation is required to ensure that training
programs provide quality instruction in current and effective work
practices.
No person or firm may perform lead-based paint services in target
housing or child-occupied facilities without first receiving
certification. Lead-based paint services include lead paint inspections
and risk assessments, and the design and application of lead paint
hazard reduction (abatement) operations. Work practice standards are
required to ensure that lead-based paint activities are conducted
safely, reliable, and effectively.
The Lead-based Paint Program is administered by the Oregon Health
Division (the Division). This agency shares responsibilities for
certification and for enforcement with the Construction Contractors
Board (CCB) (ORS 701.500; 701.505; 701.510; 701.990, 701.992; 431.920).
Rules for the certification of individuals and firms engaged in
lead-based paint activities (OAR 333-069) were promulgated on May 1,
1997. These rules describe the requirements for certification of
individuals and firms offering or providing lead-based paint services
in Oregon. No person or firm may perform lead-based paint services in
target housing or child occupied facilities without first receiving
certification. Lead-based paint services include lead paint inspections
and risk assessments, and the design and application of lead paint
hazard reduction (abatement) operations. Work practice standards for
these activities are described in the rules. The Division requires a
24-hour written notice prior to the commencement of an abatement
project.
The certification process includes licensure by both the Division
and CCB. The Division certifies individuals and firms. The CCB licenses
individuals and registers and provides firms with a lead endorsement.
Certified individuals may conduct lead-paint activities only for
certified and registered firms. Certified and registered firms may only
hire certified and licensed individuals to conduct lead-paint
activities. Candidates for certification must pass a third-party
qualifying examination administered by the Division. A schedule of fees
for certification and renewal in respective lead paint disciplines is
described. The rules for certification grant the Division the authority
to deny, suspend, or revoke certification.
Rules for the Accreditation of Training Programs (OAR 333-068) were
promulgated on December 18, 1997. No person shall provide, offer, or
claim to provide an accredited lead-based paint activities course
unless the person has received accreditation or provisional
accreditation from the Division. The Division will accept only training
provided by a Division accredited training provider as a qualification
for certification. These rules provide for the accreditation of
providers of lead-based paint training courses. Accreditation
requirements set standards for staff qualifications, operations,
curriculum design, course content, and instructional methods.
These rules for accreditation grant the Division the authority to
deny, suspend, revoke or modify a provider's accreditation. A schedule
of fees for accreditation and renewal of training course is described.
Enforcement and compliance activities will be carried out jointly
by the Division and the CCB. The CCB, in its roles as a consumer
protection agency, regularly responds to tips and complaints; conducts
field investigations; assesses flexible remedies (beginning with oral
and written warnings through revocation of registration); issues
notices and subpoenas; holds hearings; and assesses civil penalties.
The enabling legislation for Oregon's lead program also makes provision
for criminal penalties: violation of the statutes is a misdemeanor.
Criminal prosecution is initiated through the state office of the
Attorney General.
The Division will support the CCB by: (1) Forwarding tips and
complaints, (2) initiating case development for targeted inspections
pursuant to a required abatement notice, and (3) providing
investigative assistance, particularly in the gathering of lead paint
samples.
The Division and the CCB will also work together on the development
of a training program for investigative and field staff and on
compliance assistance activities. With regard to the latter objective,
the CCB will assist the division in accessing the communication
channels that the former maintains for informing and educating the
regulated community.
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. Applicability of Regulatory Assessment Requirements
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,
[[Page 38404]]
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. In addition, 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)
or Executive Order 12875 (``Enhancing the Intergovernmental
Partnership,'' 58 FR 58093, October 28, 1993). Finally, this action
does not contain any information collection requirements and therefore
does not require review or approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
V. 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-OR.''
Copies of this notice, the State of Oregon's authorization application,
and all comments received on the application are available for
inspection in the Region X office, from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket is located at the
EPA Region X Library, Environmental Protection Agency, 1200 Sixth
Avenue, OMP-104, Seattle, WA.
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 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:
ross.barbara@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-OR.'' Electronic comments on this document may be filed online
at many Federal Depository Libraries. Information claimed as CBI should
not be submitted electronically.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: June 30, 1998.
Chuck Clarke,
Regional Administrator, Region X.
[FR Doc. 98-18989 Filed 7-15-98; 8:45 am]
BILLING CODE 6560-50-F
