[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Notices]
[Pages 52266-52268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26165]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-PA; FRL-6027-4]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Commonwealth of Pennsylvania's Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On July 8, 1998, the Commonwealth of Pennsylvania 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 Pennsylvania'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 November 16, 1998. Public hearing requests must be received on
or before October 30, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-PA'' (in
duplicate) to: Environmental Protection Agency, Region III, Waste and
Chemicals Management Division, Toxics Programs and Enforcement Branch
(3WC33), 1650 Arch St., Philadelphia, PA 19103-2029.
Comments, data, and requests for a public hearing may also be
submitted electronically to: gerena.enid@epa.gov. Follow the
instructions under Unit IV. of this document. No information claimed to
be Confidential Business Information (CBI) should be submitted through
e-mail.
FOR FURTHER INFORMATION CONTACT: Enid A. Gerena (3WC33), Waste and
Chemicals Management Division, U.S. Environmental Protection Agency,
Region III, 1650 Arch St., Philadelphia, PA 19103-2029, telephone:
(215) 814-2067; e-mail address: gerena.enid@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 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. 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,
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. 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 the Commonwealth of
Pennsylvania'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 Commonwealth of Pennsylvania's
proposed program has been provided by the applicant:
[[Page 52267]]
The primary State agency that is responsible for administering and
enforcing the Pennsylvania Lead-Based Paint Activities Program is the
Department of Labor and Industry, Asbestos and Lead Occupations
Accreditation and Certification.
The Pennsylvania Lead-Based Paint Activities Law originally became
effective on July 1, 1995. This law was developed as a result of the
EPA Proposed Rule--40 CFR part 745 issued on September 2, 1994 (59 FR
45872) (FRL-4633-9). In EPA's Proposed Rule, individuals and firms
performing lead-based paint activities in target housing, commercial
and public buildings, and on bridges and superstructures were also to
be regulated. As such, the Pennsylvania lead-based paint activities law
and regulations followed the Federal model and included all of the
above mentioned regulated categories.
EPA's Final Rule--40 CFR part 745, which limited its regulated
categories to lead-based paint activities in target housing and child-
occupied facilities, was not published until August 29, 1996, well
after Pennsylvania law was in place.
The act was adopted to protect the public health and safety by
prevention of exposure to lead through the regulation of lead-based
paint activity. The purpose of the regulations is to establish a
program to: train individuals engaged in lead-based paint activities to
ensure that they have the necessary skill, training experience and
competence to perform these activities; accredit training providers to
ensure that appropriate instruction is provided to persons engaged in
lead-based paint abatement occupations; and to enforce work practice
standards. The Commonwealth of Pennsylvania has adopted the EPA Lead
Model Accreditation Plan, which includes target housing and child-
occupied facilities: therefore, the Commonwealth of Pennsylvania will
utilize its enforcement capabilities in target housing and child-
occupied facilities.
The Pennsylvania regulation requires annual accreditation and
certification renewal and fee payment. However, this does not mean
annual refresher training is necessary. Pennsylvania will follow EPA's
Lead Model Accreditation Plan and enforce 3-year refresher training and
5-year proficiency training.
Analysis of the Commonwealth of Pennsylvania's lead-based paint
activities program is based upon the five program elements which are:
(1) Procedures and requirements for the accreditation of lead-based
paint activities programs; (2) procedures and requirements for the
certification of individuals engaged in lead-based paint activities;
(3) work practice standards for the conduct of lead-based paint
activities; (4) requirements that all lead-based paint activities be
conducted by appropriately certified contractors; (5) development of
the appropriate infrastructure or government capacity to effectively
carry out this program.
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
The official record for this action, as well as the public version,
has been established under docket control number ``PB-402404-PA.''
Copies of this notice, the Commonwealth of Pennsylvania's authorization
application, and all comments received on the application are available
for inspection in the Region III office, from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The docket is located
at U.S. Environmental Protection Agency, Region III, Waste and
Chemicals Management Division, Toxics Programs and Enforcement Branch
(3WC33), 1650 Arch St., Philadelphia, PA.
Electronic comments can be sent directly to EPA at:
gerena.enid@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-PA.'' Electronic
comments on this document may be filed online at many Federal
Depository Libraries. Information claimed as CBI should not be
submitted electronically.
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.
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
[[Page 52268]]
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 17, 1998.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 98-26165 Filed 9-29-98; 8:45 am]
BILLING CODE 6560-50-F
