98-24841. Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; State of Oklahoma's Authorization Application

[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Notices]
[Pages 49574-49576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24841]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-OK; FRL-6027-3]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; State of Oklahoma's Authorization Application

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for a public 
hearing.

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SUMMARY: On August 10, 1998, the State of Oklahoma 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 Oklahoma's application, and provides a 45-day 
public comment period and an opportunity to request a public hearing on 
the application. Oklahoma has provided a certification that this 
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 August 10, 1998. Submit 
comments on the authorization application on or before November 2, 
1998. Public hearing requests must be submitted on or before September 
30, 1998.
    If a public hearing is requested and granted, the hearing will be 
held on October 7, 1998, at 1 p.m., at the Oklahoma Department of 
Environmental Quality, 707 North Robinson, Multi-Purpose Room, 1st 
Floor, Oklahoma City, Oklahoma. 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 
the Regional Lead Coordinator at the telephone number or address 
provided in the ``FOR FURTHER INFORMATION CONTACT'' unit of this notice 
after September 30, 1998 and before the October 7, 1998, scheduled 
public hearing date.
ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-OK'' (in 
duplicate) to: Environmental Protection Agency, Region 6, 6PD-T, 1445 
Ross Avenue., Suite 1200, Dallas, TX 75202-2733.
    Comments, data, and requests for public hearing may also be 
submitted electronically to [e-mail]. 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 Avenue, Suite 1200, 6PD-T, Dallas, TX 75202-
2733. telephone: [phone]; e-mail address: 
[e-mail].
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 (15 U.S.C. 2682) 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 of TSCA, 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 will institute 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.

[[Page 49575]]

    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 Oklahoma's application meets the requirements 
for EPA approval. This notice also provides an opportunity to request a 
public hearing on the application. Oklahoma 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 Oklahoma.

II. State Program Description Summary

    The lead-based paint program is administered by the Air Quality 
Division (AQD) within the Department of Environmental Quality (DEQ). 
The program is staffed by the Special Air Projects Unit. The lead-based 
paint program duties include enforcement, compliance assistance, 
inspections, certification, accreditation, and public education.
    The Oklahoma Lead-Based Paint Management Rules (Rules) incorporate 
by reference the Federal accreditation requirements in 40 CFR 745.225, 
except those paragraphs that address application dates, accreditation 
deadlines, accredited training courses, programs that offer only 
refresher training courses, renewal timelines, and renewal deadlines. 
In addition to providing the various dates, timelines, and deadlines 
not incorporated by reference from the Federal rule, the Rules limit 
accreditation to educational institutions and government agencies that 
offer ongoing and continuous lead-based paint training programs. In 
addition to the incorporations by reference, Oklahoma rules provide for 
provisional accreditation. A stakeholder task force strongly 
recommended an on-site evaluation of the training program prior to 
issuing final accreditation in order to ensure that the training 
organization operates according to the information given in the 
accreditation application. Provisional accreditation allows the 
training facility to provide training under the conditions outlined in 
Oklahoma Administrative Code (OAC) 252:11 9-5. The DEQ further ensures 
quality training by requiring an on-site evaluation before final 
accreditation is issued.
    Refresher courses can be accredited only if the training program 
has received accreditation for the initial discipline-specific training 
course. Programs that have been accredited by another State or agency 
must apply for and receive accreditation from DEQ before conducting or 
advertising a training course in Oklahoma. An accredited training 
program must notify the DEQ of course offerings, significant changes in 
the program, course cancellations and personnel changes. Annual review 
is required and is based on documented implementation of compliance 
updates as well as satisfactory course and instructor evaluations.
    The Rules also incorporate by reference the Federal certification 
requirements in 40 CFR 745.226, except for those paragraphs that 
address application dates, enforcement dates, interim certification, 
certification based on prior training, re-certification, and 
certification of firms. Certification is required for all individuals 
and firms who perform lead-based paint activities or services in target 
housing and child-occupied facilities pursuant to OAC 252:110-5-1(3), 
110-7, and 110-11. In addition, to providing the various dates not 
incorporated by reference, the Rules require that applicants receive 
training from a DEQ-accredited lead-based paint training program and 
that the certifications be renewed annually. The appropriate 
certification exam must be taken every 3 years. Applicants who 
completed the required training prior to the availability of a DEQ-
accredited course must take a DEQ-accredited refresher course and pass 
the appropriate certification exam. Persons holding a valid 
certification issued by another State or Agency must apply for 
certification, but may request a waiver of initial training 
requirements. However, a DEQ-accredited refresher course must be taken. 
Firms that perform lead-based paint services must be certified by the 
DEQ and must employ properly certified employees.
    The Federal work practice standards at 40 CFR 745.227 have been 
incorporated by reference, with the exception of the performance dates. 
The Rules prohibit the clearance testing of a project by any person who 
has an economic relationship with the abatement project contractor. The 
DEQ must be notified in advance of the start of an abatement project, 
and quarterly reports of lead-based paint activities or service 
performed by certified persons must be submitted to DEQ. 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.
    Oklahoma 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, Oklahoma has 
submitted information detailing their lead-based paint compliance and 
enforcement programs as required by 40 CFR 745.327. At this time, 
Oklahoma is not seeking authorization of a pre-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-OK.'' 
Copies of this notice, the State of Oklahoma'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 the 
EPA Region 6 Library, Environmental Protection Agency, 1445 Ross Ave., 
Suite 1200, Dallas, TX.
    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: 
[e-mail]. Electronic comments must be submitted

[[Page 49576]]

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-OK.'' 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 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 the Office of Management and Budget (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: September 3, 1998.
Robert E. Hannesschlager,
Acting Division Director, Multimedia Planning and Permitting, Region 
VI.

[FR Doc. 98-24841 Filed 9-15-98; 8:45 am]
BILLING CODE 6560-50-F