[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Notices]
[Pages 23283-23285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11270]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-LA; FRL-5781-5]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; State of Louisiana'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 9, 1998, the State of Louisiana 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 Louisiana's application, and provides a 45-day 
public comment

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period and an opportunity to request a public hearing on the 
application. Louisiana has provided a certification 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 
Louisiana.

DATES: The State program became effective March 9, 1998. Submit 
comments on the authorization application on or before June 12, 1998. 
Public hearing requests must be submitted on or before May 12, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket number ``PB-402404-LA'' (in duplicate) to: 
Environmental Protection Agency, Region 6, 6PD-T, 1445 Ross Ave., Suite 
1200, Dallas, TX 75202-2733.

    Comments, data, and requests for a public hearing may also be 
submitted electronically to: [email protected]. 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 Ave., Suite 1200, 6PD-T, Dallas, TX 75202-2733. 
Telephone: (214) 665-7577, e-mail address: 
[email protected].
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., 40 CFR 745.324).
    A State or Tribe 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 (or 
equivalent) that states that the program meets all the requirements set 
by section 404(b) of TSCA. Upon receipt of a self-certification letter, 
the program is deemed authorized until such time as EPA disapproves the 
program application or withdraws the program authorization.
    This notice announces the receipt of Louisiana's application, and 
provides a 45-day public comment period and an opportunity to request a 
public hearing on the application. EPA is requesting comments on the 
application and whether Louisiana meets the requirements for 
authorization in 40 CFR 745.324(e). Louisiana 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 Louisiana.

II. State Program Description Summary

    The Louisiana Department of Environmental Quality (LDEQ) Lead 
Program encompasses a two-fold mission--to enforce regulations of lead-
based paint activities and to provide education to the public on the 
hazards of lead-based paint, lead-contaminated soil, and lead-
contaminated dust. The regulatory framework for this program is 
contained in Louisiana Administrative Code (LAC) 33:Part III. Chapter 
28 (Lead-Based Paint Activities) and in LAC 33:Part III. Chapter 2 
(Lead Program Fees).
    Title 33, Part III, Chapter 28, Lead-Based Paint Activities--
Recognition, Accreditation, Licensure, and Standards for Conducting 
Lead-Based Paint Activities, requires that all lead-based paint 
activities in target housing (pre-1978 residences) and child-occupied 
facilities (such as day-care centers) are conducted by appropriately 
certified contractors. The regulation establishes requirements for the 
certification and training of persons who conduct lead-based paint 
activities (lead workers, lead project supervisors, lead inspectors, 
lead risk assessors, and lead project designers), sets forth 
requirements for individuals who provide training and instruction to 
this work force, and requires the licensure of lead abatement 
contractors. The work practice standards contained in the regulation 
apply to those individuals who perform inspections, lead hazard 
screens, risk assessments, and abatement projects in target housing and 
child-occupied facilities. These standards require that the LDEQ be 
notified prior to the initiation of an abatement activity. A 
``grandfathering'' provision is available to individuals who received 
EPA-model-curriculum training in lead-based paint activities between 
January 1, 1995, and March 20, 1998.
    The LDEQ's public outreach program utilizes a multi-agency approach 
to heighten public awareness of lead-based paint hazards and to provide 
compliance assistance to the regulated community. The Lead Program 
works with the Louisiana Cooperative Extension Service to disseminate 
information to the citizens of Louisiana on lead in housing issues; 
with the Louisiana Department of Health and Hospitals to address 
environmental lead contamination affecting those children age 6 and 
under who are found to have elevated blood-lead levels; and with the 
Louisiana State Licensing Board for Contractors to ensure that lead 
abatement contractors who seek licenses in Louisiana meet criteria set 
by the State legislature. LDEQ staff members participate in workshops 
and seminars with the regulated community, and address concerns of 
homeowners' associations and nonprofit groups who rehabilitate homes in 
the community. A multi-media approach, including print, radio, and TV, 
is used to inform the public of the hazards associated with

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lead-based paint, lead-contaminated dust, and lead-contaminated soils.

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-LA.'' 
Copies of this notice, the State of Louisiana'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 EPA 
Region 6 Library, Environmental Protection Agency, 1445 Ross Ave., 
Suite 1200, Dallas, TX.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    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 in 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-LA.'' 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: April 17, 1998.
Robert E. Hanneschlager,
Acting Division Director, Multimedia Planning and Permitting, Region 
VI.

[FR Doc. 98-11270 Filed 4-27-98; 8:45 a.m.]
BILLING CODE 6560-50-F