[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38647-38649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19139]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-MS; FRL-5799-4]


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

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: On March 12, 1998, the State of Mississippi 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 Mississippi'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 August 3, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-MS'' (in 
duplicate) to: Environmental Protection Agency, Region IV, Air, 
Pesticides and Toxics Management Division, Atlanta Federal Center, 61 
Forsyth St., SW., Atlanta, GA 30303-3104.
    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: Rose Anne Rudd, Regional Lead 
Coordinator, Air, Pesticides and Toxics Management Division, 
Environmental Protection Agency, Region IV, Atlanta Federal Center, 61 
Forsyth St., SW., Atlanta, GA 30303-3104, telephone: (404) 562-8998, 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-

[[Page 38648]]

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.
    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 Mississippi'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 Mississippi's proposed program has been 
provided by the applicant:
    The State of Mississippi, through the Mississippi Department of 
Environmental Quality (MDEQ), is seeking authorization from EPA to 
administer and enforce its own lead-based paint activities program. 
Regulations setting out the procedures and requirements for these 
activities were adopted by the Commission on Environmental Quality on 
January 22, 1998. Requirements under the regulations will be applicable 
beginning August 31, 1998. The authority to administer and enforce a 
State program was provided for in the ``Lead-Based Paint Activity 
Accreditation and Certification Act'' passed by the Mississippi 
Legislature during the 1997 regular session.
    The State lead-based paint program regulations are applicable to 
persons engaged in lead-based paint activities in target housing and 
child-occupied facilities. The State certification program requirements 
include the certification of firms, inspectors, risk assessors, 
supervisors, project designers, and workers. Each certification 
discipline must meet required academic and/or experience requirements 
of the State program regulations. Individuals must successfully pass 
the third party exam applicable to the certification discipline in 
order to be certified. The State program sets forth work practice 
standards for persons performing lead-based paint activities. The State 
program requires the filing of a project notification, in writing, 
prior to the commencement of any lead-based paint abatement activity.
    All initial and refresher lead-based paint activities training 
programs must be accredited. The State program requires training 
programs to notify the State prior to conducting a training course. 
Full approval of a training program's lead-based paint activities 
course is contingent on a satisfactory on-site course audit.
    The State program provides for the suspension, revocation, or 
modification of training program accreditation and certifications of 
individuals and firms.
    The State lead program also conducts outreach and compliance 
assistance activities. The objective of the activities is to educate 
the public and regulated community of the hazards of lead-based paint. 
The activities also inform the public and regulated community of the 
regulatory requirements applicable to lead-based paint activities.

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 (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. 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-MS.'' 
Copies of this notice, the State of Mississippi's authorization 
application, and all comments received on the application are available 
for inspection in the Region IV office, from 8 a.m. to 4:45 p.m., 
Monday through Friday, excluding legal holidays. The docket is located 
at the EPA Region IV Library, Environmental Protection Agency, Atlanta 
Federal Center, 9th Floor, 61 Forsyth St., SW., Atlanta, GA.
    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

[[Page 38649]]

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-MS.'' 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: July 8, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.

[FR Doc. 98-19139 Filed 7-16-98; 8:45 am]
BILLING CODE 6560-50-F