[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Notices]
[Pages 38402-38404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18989]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-OR; FRL-5799-5]


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

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On March 31, 1998, the State of Oregon 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 Oregon'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 August 31, 1998. Public hearing requests must be received on or 
before July 30, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-OR'' (in 
duplicate) to: Barbara Ross, Environmental Protection Agency, Region X, 
1200 Sixth Avenue, WCM-128, Seattle, WA 98101.
    Comments, data, and requests for a public hearing may also be 
submitted electronically to: [email protected]. Follow the 
instructions under Unit V. of this document. No information claimed to 
be Confidential Business Information (CBI) should be submitted through 
e-mail.

FOR FURTHER INFORMATION CONTACT: Barbara Ross, Regional Lead 
Coordinator, Environmental Protection Agency, Region X, 1200 Sixth 
Avenue, WCM-128, Seattle, WA 98101, telephone: (206) 553-1985, e-mail 
address: [email protected].

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, 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). 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.

[[Page 38403]]

    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 Oregon'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 State of Oregon's proposed program has 
been provided by the applicant:
    On March 31, 1998, Oregon State Health Division applied to EPA for 
authorization to administer and enforce a State Lead-based Paint 
Program. The Lead-based Paint Program is administered by the Oregon 
Health Division who shares responsibilities for certification and for 
enforcement with the Construction Contractors Board (CCB).
    The purpose of the Oregon State lead program is to protect the 
public from the hazards of improperly conducted lead-based paint 
activities. The program is designed to protect families from exposure 
to lead in paint, dust, and soil. The lead program ensures that 
contractors claiming to know how to inspect, assess, or remove lead-
based paint, dust or soil are well-qualified, trained, and certified to 
conduct these activities. Training and certification is required to 
ensure the proficiency of contractors who offer to conduct lead-based 
paint inspection, risk assessment and abatement services in residences 
and day care centers. Accreditation is required to ensure that training 
programs provide quality instruction in current and effective work 
practices.
    No person or firm may perform lead-based paint services in target 
housing or child-occupied facilities without first receiving 
certification. Lead-based paint services include lead paint inspections 
and risk assessments, and the design and application of lead paint 
hazard reduction (abatement) operations. Work practice standards are 
required to ensure that lead-based paint activities are conducted 
safely, reliable, and effectively.
    The Lead-based Paint Program is administered by the Oregon Health 
Division (the Division). This agency shares responsibilities for 
certification and for enforcement with the Construction Contractors 
Board (CCB) (ORS 701.500; 701.505; 701.510; 701.990, 701.992; 431.920).
    Rules for the certification of individuals and firms engaged in 
lead-based paint activities (OAR 333-069) were promulgated on May 1, 
1997. These rules describe the requirements for certification of 
individuals and firms offering or providing lead-based paint services 
in Oregon. No person or firm may perform lead-based paint services in 
target housing or child occupied facilities without first receiving 
certification. Lead-based paint services include lead paint inspections 
and risk assessments, and the design and application of lead paint 
hazard reduction (abatement) operations. Work practice standards for 
these activities are described in the rules. The Division requires a 
24-hour written notice prior to the commencement of an abatement 
project.
    The certification process includes licensure by both the Division 
and CCB. The Division certifies individuals and firms. The CCB licenses 
individuals and registers and provides firms with a lead endorsement. 
Certified individuals may conduct lead-paint activities only for 
certified and registered firms. Certified and registered firms may only 
hire certified and licensed individuals to conduct lead-paint 
activities. Candidates for certification must pass a third-party 
qualifying examination administered by the Division. A schedule of fees 
for certification and renewal in respective lead paint disciplines is 
described. The rules for certification grant the Division the authority 
to deny, suspend, or revoke certification.
    Rules for the Accreditation of Training Programs (OAR 333-068) were 
promulgated on December 18, 1997. No person shall provide, offer, or 
claim to provide an accredited lead-based paint activities course 
unless the person has received accreditation or provisional 
accreditation from the Division. The Division will accept only training 
provided by a Division accredited training provider as a qualification 
for certification. These rules provide for the accreditation of 
providers of lead-based paint training courses. Accreditation 
requirements set standards for staff qualifications, operations, 
curriculum design, course content, and instructional methods.
    These rules for accreditation grant the Division the authority to 
deny, suspend, revoke or modify a provider's accreditation. A schedule 
of fees for accreditation and renewal of training course is described.
    Enforcement and compliance activities will be carried out jointly 
by the Division and the CCB. The CCB, in its roles as a consumer 
protection agency, regularly responds to tips and complaints; conducts 
field investigations; assesses flexible remedies (beginning with oral 
and written warnings through revocation of registration); issues 
notices and subpoenas; holds hearings; and assesses civil penalties. 
The enabling legislation for Oregon's lead program also makes provision 
for criminal penalties: violation of the statutes is a misdemeanor. 
Criminal prosecution is initiated through the state office of the 
Attorney General.
    The Division will support the CCB by: (1) Forwarding tips and 
complaints, (2) initiating case development for targeted inspections 
pursuant to a required abatement notice, and (3) providing 
investigative assistance, particularly in the gathering of lead paint 
samples.
    The Division and the CCB will also work together on the development 
of a training program for investigative and field staff and on 
compliance assistance activities. With regard to the latter objective, 
the CCB will assist the division in accessing the communication 
channels that the former maintains for informing and educating the 
regulated community.

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. Applicability of Regulatory Assessment Requirements

    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,

[[Page 38404]]

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. In addition, 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) 
or Executive Order 12875 (``Enhancing the Intergovernmental 
Partnership,'' 58 FR 58093, October 28, 1993). Finally, 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.).

V. 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-OR.'' 
Copies of this notice, the State of Oregon's authorization application, 
and all comments received on the application are available for 
inspection in the Region X office, from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The docket is located at the 
EPA Region X Library, Environmental Protection Agency, 1200 Sixth 
Avenue, OMP-104, Seattle, WA.
    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: 
[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 the docket control number ``PB-
402404-OR.'' Electronic comments on this document may be filed online 
at many Federal Depository Libraries. Information claimed as CBI should 
not be submitted electronically.
    Authority: 15 U.S.C. 2682, 2684.

List of Subjects

    Environmental protection, Hazardous substances, Lead, Reporting and 
recordkeeping requirements.

    Dated: June 30, 1998.
Chuck Clarke,
Regional Administrator, Region X.

[FR Doc. 98-18989 Filed 7-15-98; 8:45 am]
BILLING CODE 6560-50-F