[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 27960-27962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13628]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-OH; FRL-5790-2]


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

AGENCY: Environmental Protection Agency (EPA)

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

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SUMMARY: On April 13, 1998, the State of Ohio submitted an application 
for EPA approval to administer and enforce

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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 Ohio's application, and provides a 45-day 
public comment period and an opportunity to request a public hearing on 
the application.

DATES: Submit comments on the authorization application on or before 
July 6, 1998. Public hearing requests must be submitted on or before 
June 5, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by tracking number ``PB-402404-OH'' (in duplicate) 
to: Environmental Protection Agency, Region 5, DT-8J, 77 West Jackson 
Blvd., Chicago, IL 60604.
    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: Erik Maurer, Project Officer, 
Environmental Protection Agency, Region V, DT-8J, 77 West Jackson 
Blvd., Chicago, IL 60604, Telephone: (312) 353-1263, 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.).

II. State Program Description Summary

    Chapter 3742 of the Ohio Revised Code contains Ohio's lead 
licensing statutes. Chapters 3701-32 and 3701-82 of the Ohio 
Administrative Code contain the rules that amplify Chapter 3742. 
Together, the statutes and rules set up a licensing program operated by 
the Ohio Department of Health (ODH) for individuals engaged in lead-
based paint activities. The statutes and rules also require ODH to 
approve lead testing laboratories, lead training providers, and lead 
abatement systems and products. In addition, they require physicians 
and laboratories to report lead poisoning cases to the State. Finally, 
they set up standards for the proper conduct of lead inspection, lead 
assessment, and lead abatement activities.
    ODH licenses individuals in five lead disciplines: lead abatement 
contractor, lead abatement project designer, lead abatement worker, 
lead inspector, and lead risk assessor. To become licensed, potential 
contractors, workers, inspectors, and assessors must successfully 
complete an ODH-approved training course for the discipline in 
question, properly complete the licensing application, pay the 
appropriate license fee, and pass an independently administered state 
licensing examination. Registered sanitarians, sanitarians-in-training, 
certified industrial hygienists, and hygienists-in-training are 
exempted from the initial training requirement, but are required to 
pass the required certification exams and attend refresher training. 
ODH does not require project designers to pass a State licensing 
examination as a condition of licensing. Project designers are subject 
to rigorous education, experience, and training requirements as a 
condition of licensing.
    A resident may conduct lead activities on his or her residence 
without a license. In most other cases, licensed personnel must conduct 
lead inspection, lead abatement, or lead assessment activities on a 
private residence or place of education or day care for a child under 
the age of 6. Any lead work conducted must comply with the work 
practices contained in rule 3701-32-02 of the Ohio Administrative Code. 
Rule 3701-32-02 references the suggested work practice procedures 
contained in the United States Department of Housing and Urban 
Development Guidelines for the Evaluation and Control of Lead-Based 
Paint in Housing (Guidelines). Pertinent chapters of the Guidelines are 
attachments to rule 3701-32-02 and other rules, and thus are part of 
Ohio's work practice standard.
    Licensed personnel must prepare a lead inspection, lead risk 
assessment, or lead abatement report when conducting activities covered 
by Chapter 3742. The report must contain information recommended in the 
Guidelines and required by rule. All samples collected must be sent to 
an approved laboratory for analysis. Licensed personnel must keep 
copies of the report for a period of 3 years and are required to 
furnish reports to appropriate individuals.

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 the tracking number ``PB-402404-OH.'' Copies 
of this notice, the State of Ohio's authorization application, and all 
comments received on the application are available for inspection in 
the Region V office, from 8:30 a.m. to 5 p.m., Monday through Friday, 
excluding legal holidays. The application materials are available at: 
Toxics Program Section, Environmental Protection Agency, Region V, 8th 
floor, 77 West Jackson Blvd., Chicago, IL.
    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 5.1/6.1 or ASCII 
file format. All comments and data in electronic form must be 
identified by

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the tracking number ``PB-402404-OH.'' 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: May 11, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.

[FR Doc. 98-13628 Filed 5-20-98; 8:45 am]
BILLING CODE 6560-50-F