[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38647-38649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19139]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-MS; FRL-5799-4]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Mississippi'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 12, 1998, the State of Mississippi 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 Mississippi'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 August 3, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-MS'' (in
duplicate) to: Environmental Protection Agency, Region IV, Air,
Pesticides and Toxics Management Division, Atlanta Federal Center, 61
Forsyth St., SW., Atlanta, GA 30303-3104.
Comments, data, and requests for a public hearing may also be
submitted electronically to: rudd.roseanne@epa.epamail.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: Rose Anne Rudd, Regional Lead
Coordinator, Air, Pesticides and Toxics Management Division,
Environmental Protection Agency, Region IV, Atlanta Federal Center, 61
Forsyth St., SW., Atlanta, GA 30303-3104, telephone: (404) 562-8998, e-
mail address: rudd.roseanne@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-
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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.
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 Mississippi'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 Mississippi's proposed program has been
provided by the applicant:
The State of Mississippi, through the Mississippi Department of
Environmental Quality (MDEQ), is seeking authorization from EPA to
administer and enforce its own lead-based paint activities program.
Regulations setting out the procedures and requirements for these
activities were adopted by the Commission on Environmental Quality on
January 22, 1998. Requirements under the regulations will be applicable
beginning August 31, 1998. The authority to administer and enforce a
State program was provided for in the ``Lead-Based Paint Activity
Accreditation and Certification Act'' passed by the Mississippi
Legislature during the 1997 regular session.
The State lead-based paint program regulations are applicable to
persons engaged in lead-based paint activities in target housing and
child-occupied facilities. The State certification program requirements
include the certification of firms, inspectors, risk assessors,
supervisors, project designers, and workers. Each certification
discipline must meet required academic and/or experience requirements
of the State program regulations. Individuals must successfully pass
the third party exam applicable to the certification discipline in
order to be certified. The State program sets forth work practice
standards for persons performing lead-based paint activities. The State
program requires the filing of a project notification, in writing,
prior to the commencement of any lead-based paint abatement activity.
All initial and refresher lead-based paint activities training
programs must be accredited. The State program requires training
programs to notify the State prior to conducting a training course.
Full approval of a training program's lead-based paint activities
course is contingent on a satisfactory on-site course audit.
The State program provides for the suspension, revocation, or
modification of training program accreditation and certifications of
individuals and firms.
The State lead program also conducts outreach and compliance
assistance activities. The objective of the activities is to educate
the public and regulated community of the hazards of lead-based paint.
The activities also inform the public and regulated community of the
regulatory requirements applicable to lead-based paint activities.
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 (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. 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-MS.''
Copies of this notice, the State of Mississippi's authorization
application, and all comments received on the application are available
for inspection in the Region IV office, from 8 a.m. to 4:45 p.m.,
Monday through Friday, excluding legal holidays. The docket is located
at the EPA Region IV Library, Environmental Protection Agency, Atlanta
Federal Center, 9th Floor, 61 Forsyth St., SW., Atlanta, GA.
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
[[Page 38649]]
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:
rudd.roseanne@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-MS.'' 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: July 8, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 98-19139 Filed 7-16-98; 8:45 am]
BILLING CODE 6560-50-F
