[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Rules and Regulations]
[Pages 41430-41432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20777]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[OPPTS-62157; FRL-5796-1]
RIN 2070-AC64


Lead; Minor Amendment to the Grant Provision in the Lead-Based 
Paint Activities Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: The Agency is revising the grant provision included in the 
Lead-Based Paint Activities Rule, which was finalized on August 29, 
1996. Specifically, EPA is correcting an anomaly created by the 
original language of 40 CFR 745.330 by clarifying that grants may be 
awarded to States and Tribes for the purpose of developing, as well as 
carrying out authorized programs to ensure that individuals employed in 
lead-based paint activities are properly trained; that training 
programs are accredited; and that contractors employed in such 
activities are certified. Although this revision is being made 
effective upon publication, the Agency is still interested in receiving 
comments on this action. Any comments received will be considered prior 
to the issuance of any subsequent amendment to this provision.

DATES: This action is effective August 4, 1998. Any comments received 
by September 3, 1998 will be considered in any subsequent amendments.

ADDRESSES: Comments may be submitted by U.S. mail, electronically, or 
in person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: For general information contact: Susan 
B. Hazen, Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460; telephone: 202-554-1404; TDD: 202-554-
0551; e-mail: TSCA-H[email protected]. For technical information contact: 
Betty L. Weiner, Office of Pollution Prevention and Toxics (7404), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone: 202-260-2924, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Important General Information

A. Does This Notice Apply to Me?

    You may be potentially affected by this action if you are a State, 
the D.C. government, or an Indian Tribe. This interim final rule 
clarifies the eligibility conditions for entities that apply for grants 
to develop their own authorizable lead-based paint programs or to carry 
out programs authorized by EPA. This action only affects States, the 
D.C. government, and Indian Tribes that voluntarily decide to apply for 
grants.

                                                                        
------------------------------------------------------------------------
                                      Examples of                       
            Category                   Entities        Effect of Action 
------------------------------------------------------------------------
State and Tribal Governments      States, D.C.        Eligible for      
                                   Government, and     grants to develop
                                   Indian Tribes       and carry out    
                                                       their own        
                                                       authorizable or  
                                                       authorized lead- 
                                                       based paint      
                                                       program          
------------------------------------------------------------------------

    This table is intended to provide a guide for readers likely to be 
affected by this action. To determine whether your agency is affected, 
you should carefully examine the Requirements for Lead-Based Paint 
Activities at 40 CFR part 745, subparts L and Q. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed in the ``FOR FURTHER 
INFORMATION CONTACT'' section.

B. How Can I Get Additional Information or Copies of This Document or 
Other Support Documents?

    1. Electronically. You may obtain electronic copies of this 
document from the EPA internet Home Page at the Federal Register--
Environmental Documents entry for this document which can be found 
under ``Laws and Regulations'' (http://www.epa.gov/fedrgstr/).
    2. In person or by phone. If you have any questions or need 
additional information about this action, please contact the technical 
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section. 
In addition, the official record for this action, as well as the public 
version, has been established under docket control number OPPTS-62157, 
(including comments and data submitted electronically as described 
below). A public version of this record, including printed, paper 
versions of any electronic comments, which does not include any 
information claimed as CBI, is available for inspection in Rm. B607, 
Northeast Mall, 401 M St., SW., Washington, DC, from noon to 4 p.m., 
Monday through Friday, excluding legal holidays. The OPPT Document 
Control Office telephone number is 202-260-7093.

C. How and To Whom Do I Submit Comments To?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the docket control number OPPTS-
62157 in your correspondence.
    1. By mail. Submit written comments to: Environmental Protection 
Agency, Document Control Office (7407), Office of Pollution Prevention 
and Toxics (OPPT), Rm. G-099, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: 
Environmental Protection Agency, OPPT Document Control Office in Rm. G-
099, East Tower, 401 M St., SW., Washington, DC, telephone: 202-260-
7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Please note that you should not submit 
any information electronically that you consider to be CBI. 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 standard computer 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 OPPTS-62157. Electronic 
comments on this interim final rule may also be filed online at many 
Federal Depository Libraries.

D. How Should I Handle CBI in My Comments?

    You may claim information in the comment that you submit in 
response to this document as CBI by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
comment that does not contain CBI must be submitted for inclusion in 
the public record. Information not marked confidential will be included 
in the public docket by EPA without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
with the technical contact person identified in the ``FOR FURTHER 
INFORMATION CONTACT'' section.

II. Background

    The Residential Lead-Based Paint Hazard Reduction Act of 1992 
(Title X)

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amended the Toxic Substances Control Act (TSCA) by adding a new Title 
IV. Several sections of Title X directed EPA to promulgate regulations 
aimed at fulfilling the purposes of Title X. These included TSCA 
section 402, Lead-Based Paint Activities Training and Certification, 
which directed EPA to promulgate a regulation to govern the training 
and certification of individuals engaged in lead-based paint activities 
and the accreditation of training programs and standards for conducting 
lead-based paint activities. Section 404 of TSCA required that EPA 
establish procedures for States and Indian Tribes seeking to establish 
their own programs for lead-based paint activities. On August 29, 1996 
(61 FR 45778) (FRL-5389-9), EPA promulgated a final rule under sections 
402 and 404 of TSCA for ``Lead; Requirements for Lead-Based Paint 
Activities in Target Housing and Child-Occupied Facilities'' at 40 CFR 
part 745.

III. Legal Authority

    EPA is taking this action under the authority of sections 402 and 
404 of Title IV of TSCA (15 U.S.C. 2682). Section 402 required the 
Agency to promulgate regulations for the accreditation of training 
programs and the certification of contractors engaged in lead-based 
paint activities. Section 404 required the Agency to promulgate 
regulations for the approval of State and Tribal programs. These 
regulations were published on August 29, 1996, at 40 CFR part 745, 
subparts L and Q.

IV. Issuance of this Action as an Interim Final Rule

    Actions that are related to grants are exempt from notice and 
comment rulemaking under section 553(a)(2) of the Administrative 
Procedure Act (5 U.S.C. 553(a)(2)). EPA is therefore issuing this 
action as an interim final rule that is effective upon publication in 
the Federal Register. Although not required, EPA is nevertheless 
providing an opportunity for the public to submit comment on this 
revision, and any comments received will be considered as the Agency 
works to consolidate the grant provisions in 40 CFR part 745, with the 
other Agency grant provisions that appear at 40 CFR part 31.

V. Summary of Revision Being Made

    Currently, 40 CFR 745.330 reads as follows:

    The Administrator, or a designated equivalent, may make grants 
to States and Indian Tribes, that meet the requirements of 
Sec. 745.324(e)(2)(i) and (e)(2)(ii), under section 404(g) of the 
Toxic Substances Control Act (TSCA) to develop and carry out 
programs authorized pursuant to this subpart. Grants made under this 
section are subject to the requirements of 40 CFR part 31.

    As currently written, Sec. 745.330 unintentionally restricts the 
category of potential grant recipients to only those States and Tribes 
whose programs are either authorized by EPA at the time they apply for 
the grant or eligible for authorization by EPA at the time they apply 
for the grant, i.e., ``authorizable.''
    Section 404(g), in contrast, gives EPA the authority to make grants 
``to develop and carry out authorized State programs'' (emphasis 
added). While EPA could have chosen to award section 404(g) grants for 
a more limited range of purposes than permitted by the statute, the 
Agency never intended to restrict its award of grants under section 
404(g) for developing programs to those States and Tribes that already 
have authorized or authorizable programs. In most cases, a grant to 
develop a State or Tribal program is most appropriately made before the 
State's program is authorized or authorizable. Generally, the purpose 
of such a development grant is to assist the State or Tribe in 
developing its program so that it will be eligible for authorization.
    This action corrects the anomaly created by the original language 
of Sec. 745.330 by clarifying that grants may be awarded to States and 
Tribes for the purpose of developing as well as carrying out authorized 
programs to ensure that individuals employed in lead-based paint 
activities are properly trained; that training programs are accredited; 
and that contractors employed in such activities are certified.

VI. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action is not a 
``significant regulatory action'' subject to review by the Office of 
Management and Budget (OMB), because this action only clarifies State 
and Tribe eligibility for Federal grants.

B. Regulatory Flexibility Act

    Under section 601(2) of the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601 et seq., the Agency is not required to consider the 
potential small entity impacts of rules for which the Agency does not 
publish a notice of proposed rulemaking. As indicated in Unit III. of 
this preamble, actions related to grants are exempt from the notice and 
comment rulemaking requirements by section 553(a)(2) of the 
Administrative Procedure Act. Nevertheless, the Agency hereby certifies 
under section 605(b) of the RFA, that this action will not have a 
significant economic impact on a substantial number of small entities. 
In 1996, the Agency considered the potential impacts of the grant 
provision on small entities as a part of the impact analysis that was 
conducted for 40 CFR part 745 under sections 402 and 404 of TSCA. This 
action merely clarifies for States and Tribes their eligibility for 
Federal grants, and does not change that original asssessment. EPA will 
provide this information to the Small Business Administration's Office 
of Advocacy upon request.

C. Paperwork Reduction Act

    This action does not contain any information collection 
requirements that require additional approval by OMB under the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The information 
collection requirements associated with 40 CFR part 745 are approved by 
OMB under OMB control number 2070-0155 (EPA ICR number 1715). Since 
there are no new information collection requirements to consider, or 
any changes to the existing requirements that might impact the existing 
burden estimates, additional OMB review and approval under the PRA is 
not necessary.
    Under the PRA, ``burden'' means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information subject to OMB approval under 
the PRA unless it displays a currently valid OMB control number. The 
OMB control numbers for EPA's regulations, after initial publication in 
the Federal Register, are maintained in a list at 40 CFR part 9.
    The Agency is always interested in comments on the Agency's 
information collections, i.e., the need for the

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information, the accuracy of the provided burden estimates, and any 
suggested methods for minimizing respondent burden, including through 
the use of automated collection techniques. Send comments on the ICR to 
EPA at the address provided above, with a copy to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th St., NW., Washington, DC 20503, marked ``Attention: Desk 
Officer for EPA.'' Please remember to include the ICR number in any 
correspondence.

D. Unfunded Mandates Reform Act and Executive Order 12875

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4), EPA has determined that this action is not 
subject to the requirements of sections 202 and 205, because this 
action does not contain any ``Federal mandates'' or impose an 
``enforceable duty'' on any State, local or Tribal governments or on 
anyone in the private sector. In addition, this action does not contain 
any regulatory requirements that might significantly or uniquely affect 
small governments. Therefore, no action is needed under section 203 of 
the UMRA and, because this is not a discretionary act containing an 
unfunded mandate, no consultation is required under Executive Order 
12875, Enhancing the Intergovernmental Partnership (58 FR 58093, 
October 28, 1993).

E. Executive Order 12898

    Pursuant to Executive Order 12898, entitled Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), the Agency has considered 
environmental justice-related issues with regard to the potential 
impacts of this action on the environmental and health conditions in 
low-income and minority communities. This action is expected to provide 
some relief to those minority and low-income populations impacted by 
lead-based paint problems, which are overwhelmingly located in low-
income communities. This action simply clarifies that States and Tribes 
are eligible for Federal grants to develop programs designed to improve 
environmental and health conditions in their communities.

F. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because this action is not an 
economically significant regulatory action as defined by Executive 
Order 12866 (see Unit VI.A. above), and this action does not address 
the environmental health or safety risk affecting children. Please 
note, however, that children under the age of 6 are the primary 
beneficiaries of the Agency's overall Lead Program.

G. National Technology Transfer and Advancement Act

    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 
note).

VII. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 745

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

    Dated: July 23, 1998.
Carol M. Browner,
Administrator.
    Therefore, 40 CFR part 745 is amended as follows:

PART 745--[AMENDED]

    1. The authority citation for part 745 continues to read as 
follows:

    Authority: 15 U.S.C. 2605, 2607, and 2681-2692.

    2. Section 745.330 is revised to read as follows:


Sec. 745.330   Grants.

    (a) The Administrator may make grants to States and Indian Tribes, 
under section 404(g) of TSCA to develop and, if authorized, carry out 
lead-based paint activities programs to ensure that individuals 
employed in lead-based paint activities are properly trained; that 
training programs are accredited; and that contractors employed in such 
activities are certified, pursuant to this subpart. The Administrator 
may treat a tribe as eligible to apply for a TSCA section 404(g) grant 
if the tribe:
    (1) Is recognized by the Secretary of Interior.
    (2) Has an existing government exercising substantial governmental 
duties and powers.
    (3) Has adequate authority to carry out the grant activities.
    (4) Is reasonably expected to be capable, in the Administrator's 
judgment, of administering the grant program.
    (b) If the Administrator has previously determined that an Indian 
tribe has met the prerequisites in paragraphs (a)(1) and (a)(2) of this 
section for another EPA program, the tribe need provide only that 
information unique to the TSCA section 404(g) grant program required by 
paragraphs (a)(3) and (a)(4) of this section. Grants made under this 
section are subject to the requirements of part 31 of this chapter.

[FR Doc. 98-20777 Filed 8-3-98; 8:45 am]
BILLING CODE 6560-50-F