[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Notices]
[Pages 23464-23466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11417]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-VA; FRL-5781-6]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; Commonwealth of Virginia Authorization Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments and opportunity for public 
hearing.

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SUMMARY: On December 19, 1997, the Commonwealth of Virginia 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 Virginia's application, and provides a 45-day 
public comment period and an opportunity to request a public hearing on 
the application. Virginia 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 take effect in 
Virginia.

DATES: The State program became effective December 19, 1997. Submit

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comments on the authorization application on or before June 14, 1998 . 
Public hearing requests must be submitted on or before May 29, 1998.
ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket number ``PB-402404-VA'' (in duplicate) to: 
Environmental Protection Agency, Region III, Waste and Chemicals 
Management Division, 841 Chestnut Building, Philadelphia, PA 19107.

    Comments, data, and requests for a 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: Gerallyn Valls (3WC33), Regional Lead 
Coordinator, Waste and Chemicals Management Division, U.S. 
Environmental Protection Agency, Region III, 841 Chestnut Building, 
Philadelphia, PA 19107, Telephone: (215) 566-2084; 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.).
    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. This authorization can be disapproved 
or the application can be withdrawn if EPA determines that upon review, 
the program is not as protective of human health and the environment 
and/or does not provide adequate enforcement.

II. State Program Description Summary

    The following is a description of the Commonwealth of Virginia's 
training, certification, and accreditation program.
    The primary State agency that is responsible for administering and 
enforcing the Virginia Lead-Based Paint Activities Program is the 
Department of Professional and Occupational Regulation, Board for 
Asbestos and Lead.
    As a result of the Virginia General Assembly House Bill 2454 
(1995), the Virginia Department of Professional and Occupational 
Regulation, on behalf of the Virginia Board for Asbestos and Lead, 
established regulations and requirements for individuals and firms who 
wish to perform lead-based paint activities and abatement on target 
housing, public and commercial buildings, and steel structures and 
superstructures in the Commonwealth of Virginia. The Virginia Lead-
Based Paint Activities Regulations were promulgated in accordance with 
the provisions of section 9-6.114:7.1 et. seq. of the Code of Virginia, 
also known as the Virginia Administrative Process Act, and other 
relevant State statutes, Executive Orders, and agency policies.
    The Virginia Lead-Based Paint Activities regulations became 
effective under emergency provisions of the Virginia Administrative 
Process Act, section 9-6.14:4.1(C)(5), on October 1, 1995. The text of 
the emergency regulation was later adopted and implemented as a final 
regulation which became effective on November 14, 1996.
    These regulations establish: (1) Procedures and requirements for 
the accreditation and reaccreditation of lead-based paint activities 
training providers; (2) procedures and requirements for the 
certification of individuals engaged in lead-based paint activities and 
abatement; (3) work practice standards for conducting lead-based paint 
activities by appropriately licensed and certified contractors; (4) 
requirements that all lead-based paint activities be conducted by 
appropriately certified contractors; and (5) development of the 
appropriate infrastructure or government capacity to carry out and 
enforce 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 and Electronic Submissions

    The official record for this action, as well as the public version, 
has been established under docket control number ``PB-402404-VA.'' 
Copies of this notice, the Commonwealth of Virginia'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 office is located 
at U.S. Environmental Protection Agency, Region III, Waste and 
Chemicals Management Division, 841 Chestnut Building, Philadelphia, PA.
    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-VA.'' 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.


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    Dated: April 16, 1998.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

[FR Doc. 98-11417 Filed 4-28-98; 8:45 a.m.]
BILLING CODE 6560-50-F