[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Notices]
[Pages 49574-49576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24841]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-OK; FRL-6027-3]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Oklahoma's Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for a public
hearing.
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SUMMARY: On August 10, 1998, the State of Oklahoma 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 Oklahoma's application, and provides a 45-day
public comment period and an opportunity to request a public hearing on
the application. Oklahoma has provided a certification that this
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 be established.
DATES: The State program became effective August 10, 1998. Submit
comments on the authorization application on or before November 2,
1998. Public hearing requests must be submitted on or before September
30, 1998.
If a public hearing is requested and granted, the hearing will be
held on October 7, 1998, at 1 p.m., at the Oklahoma Department of
Environmental Quality, 707 North Robinson, Multi-Purpose Room, 1st
Floor, Oklahoma City, Oklahoma. If a public hearing is not requested,
this meeting time and place will be canceled. Therefore, individuals
are advised to verify the status of the public hearing by contacting
the Regional Lead Coordinator at the telephone number or address
provided in the ``FOR FURTHER INFORMATION CONTACT'' unit of this notice
after September 30, 1998 and before the October 7, 1998, scheduled
public hearing date.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-OK'' (in
duplicate) to: Environmental Protection Agency, Region 6, 6PD-T, 1445
Ross Avenue., Suite 1200, Dallas, TX 75202-2733.
Comments, data, and requests for 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: Jeffrey Robinson, Regional Lead
Coordinator, 1445 Ross Avenue, Suite 1200, 6PD-T, Dallas, TX 75202-
2733. telephone: 214-665-7577; 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 (15 U.S.C. 2682) authorizes EPA to promulgate
final regulations governing lead-based paint activities. Lead-based
paint activities is defined in Section 402(b) of TSCA and authorizes
EPA to regulate lead-based paint activities in target housing, public
buildings built prior to 1978, commercial buildings, bridges and other
structures or superstructures. 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 of TSCA, 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. On August 31, 1998, EPA will institute the Federal
program in States or Indian Country without an authorized program, as
provided by section 404(h) of TSCA.
States and Indian 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 Indian Tribe must demonstrate that its program
is at least as protective of human health and the environment as the
Federal program, and provides adequate enforcement (section 404(b) of
TSCA, 15 U.S.C. 2684(b)). 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.
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 until such
time as EPA disapproves the program application or withdraws the
authorization.
[[Page 49575]]
Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether Oklahoma's application meets the requirements
for EPA approval. This notice also provides an opportunity to request a
public hearing on the application. Oklahoma has provided a self-
certification letter from the Governor 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 be established in Oklahoma.
II. State Program Description Summary
The lead-based paint program is administered by the Air Quality
Division (AQD) within the Department of Environmental Quality (DEQ).
The program is staffed by the Special Air Projects Unit. The lead-based
paint program duties include enforcement, compliance assistance,
inspections, certification, accreditation, and public education.
The Oklahoma Lead-Based Paint Management Rules (Rules) incorporate
by reference the Federal accreditation requirements in 40 CFR 745.225,
except those paragraphs that address application dates, accreditation
deadlines, accredited training courses, programs that offer only
refresher training courses, renewal timelines, and renewal deadlines.
In addition to providing the various dates, timelines, and deadlines
not incorporated by reference from the Federal rule, the Rules limit
accreditation to educational institutions and government agencies that
offer ongoing and continuous lead-based paint training programs. In
addition to the incorporations by reference, Oklahoma rules provide for
provisional accreditation. A stakeholder task force strongly
recommended an on-site evaluation of the training program prior to
issuing final accreditation in order to ensure that the training
organization operates according to the information given in the
accreditation application. Provisional accreditation allows the
training facility to provide training under the conditions outlined in
Oklahoma Administrative Code (OAC) 252:11 9-5. The DEQ further ensures
quality training by requiring an on-site evaluation before final
accreditation is issued.
Refresher courses can be accredited only if the training program
has received accreditation for the initial discipline-specific training
course. Programs that have been accredited by another State or agency
must apply for and receive accreditation from DEQ before conducting or
advertising a training course in Oklahoma. An accredited training
program must notify the DEQ of course offerings, significant changes in
the program, course cancellations and personnel changes. Annual review
is required and is based on documented implementation of compliance
updates as well as satisfactory course and instructor evaluations.
The Rules also incorporate by reference the Federal certification
requirements in 40 CFR 745.226, except for those paragraphs that
address application dates, enforcement dates, interim certification,
certification based on prior training, re-certification, and
certification of firms. Certification is required for all individuals
and firms who perform lead-based paint activities or services in target
housing and child-occupied facilities pursuant to OAC 252:110-5-1(3),
110-7, and 110-11. In addition, to providing the various dates not
incorporated by reference, the Rules require that applicants receive
training from a DEQ-accredited lead-based paint training program and
that the certifications be renewed annually. The appropriate
certification exam must be taken every 3 years. Applicants who
completed the required training prior to the availability of a DEQ-
accredited course must take a DEQ-accredited refresher course and pass
the appropriate certification exam. Persons holding a valid
certification issued by another State or Agency must apply for
certification, but may request a waiver of initial training
requirements. However, a DEQ-accredited refresher course must be taken.
Firms that perform lead-based paint services must be certified by the
DEQ and must employ properly certified employees.
The Federal work practice standards at 40 CFR 745.227 have been
incorporated by reference, with the exception of the performance dates.
The Rules prohibit the clearance testing of a project by any person who
has an economic relationship with the abatement project contractor. The
DEQ must be notified in advance of the start of an abatement project,
and quarterly reports of lead-based paint activities or service
performed by certified persons must be submitted to DEQ. Only
laboratories accredited by the National Lead Laboratory Accreditation
Program (NLLAP) recognized by EPA may conduct required analyses, but X-
ray fluorescence may be used for on-site lead detection.
Oklahoma has submitted information in the application addressing
the required program elements for State lead-based paint activities
programs pursuant to 40 CFR 745.325. In addition, Oklahoma has
submitted information detailing their lead-based paint compliance and
enforcement programs as required by 40 CFR 745.327. At this time,
Oklahoma is not seeking authorization of a pre-renovation notification
program pursuant to 40 CFR 745.326.
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-OK.''
Copies of this notice, the State of Oklahoma's authorization
application, and all comments received on the application are available
for inspection in the Region 6 office, from 7:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket is located at the
EPA Region 6 Library, Environmental Protection Agency, 1445 Ross Ave.,
Suite 1200, Dallas, TX.
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
[[Page 49576]]
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-OK.'' Electronic comments on this document may be filed online
at many Federal Depository Libraries. Information claimed as CBI should
not be submitted electronically.
V. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
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,
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. 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). In addition,
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.).
B. Executive Order 12875
Under Executive Order 12875, entitled ``Enhancing Intergovernmental
Partnerships'' (58 FR 58093, October 28, 1993), EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local or Tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide to the Office of Management and Budget (OMB) a description of
the extent of EPA's prior consultation with representatives of affected
State, local, and Tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local,
and Tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's action does not create an unfunded Federal mandate on
State, local, or Tribal governments. This action does not impose any
enforceable duties on these entities. Accordingly, the requirements of
section 1(a) of Executive Order 12875 do not apply to this action.
C. Executive Order 13084
Under Executive Order 13084, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (63 FR 27655, May 19,
1998), EPA may not issue a regulation that is not required by statute,
that significantly or uniquely affects the communities of Indian tribal
governments, and that imposes substantial direct compliance costs on
those communities, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by the Tribal
governments. If the mandate is unfunded, EPA must provide OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected Tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's action does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this action.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: September 3, 1998.
Robert E. Hannesschlager,
Acting Division Director, Multimedia Planning and Permitting, Region
VI.
[FR Doc. 98-24841 Filed 9-15-98; 8:45 am]
BILLING CODE 6560-50-F