[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59300-59302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29445]


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

ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-KY; FRL-6032-8]


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

AGENCY: Environmental Protection Agency (EPA).

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

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

SUMMARY: On August 28, 1998, the Commonwealth of Kentucky 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 Kentucky's application, provides a 45-day 
public

[[Page 59301]]

comment period, and provides an opportunity to request a public hearing 
on the application. Kentucky has provided a certification 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 take effect in 
Kentucky.

DATES: Comments on the authorization application must be received on or 
before December 18, 1998. Public hearing requests must be received on 
or before November 17, 1998.
ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-KY'' (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: beldin-
[email protected]. Follow the instructions under Unit IV. 
of this document. No information claimed to be Confidential Business 
Information (CBI) should be submitted through e-mail.

FOR FURTHER INFORMATION CONTACT: John A. Beldin-Quinones, Project 
Officer, Air, Pesticides and Toxics Management Division, Environmental 
Protection Agency, Region IV, Atlanta Federal Center, 61 Forsyth St., 
SW., Atlanta, GA 30303-3104, Telephone: (404) 562-9171, 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, 
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. 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 Kentucky'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 Kentucky's proposed program has been 
provided by the applicant:
    The Commonwealth of Kentucky, through the Kentucky Department of 
Public Health (KDPH), is seeking authorization from EPA to administer 
and enforce its own lead-based paint activities program. The authority 
to administer and enforce the Kentucky Lead-Based Paint Program was 
established in the 1996 regular session of the Kentucky General 
Assembly.
    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, as well as work practice 
standards for all of these disciplines, adopted from section 402 of 
TSCA.
    Persons and companies seeking certification must apply using 
specified form(s), pay an application fee, and provide proof of 
accredited training, education and experience for the discipline which 
they are applying. Companies must also provide a list and certification 
number of KDPH-certified employees, and provide a notarized affidavit 
stating that its employees will follow standard work practices 
established by Kentucky regulations.
    Training providers shall submit their name, address, and telephone 
number, a fee for each course, a list of courses proposed for 
accreditation, and documentation of the training manager's 
qualifications. In addition, training providers must submit 
documentation establishing reciprocity between the accreditation by 
another State and Kentucky's requirements; or a statement signed by the 
training manager certifying that the training program meets the 
requirements established by Kentucky regulations, with submission of 
manuals and course information; or provide information indicating that 
the training provider is using materials developed by EPA.
    Except for the worker discipline, all individuals must successfully 
pass the third party exam, administered by the Department of Technical 
Education (Kentucky Tech System), applicable to the discipline in order 
to be certified.
    The State program requires abatement permits prior to the 
commencement of abatement activity. The KDPH will investigate tips and 
complaints, and enforce certification, accreditation, and permitting 
requirements for all disciplines, and for all abatement-

[[Page 59302]]

related activities, including training. The KDPH will refer possible 
waste disposal violations to the Department of Environmental 
Protection. The State program provides for the suspension, revocation, 
or modification of training program accreditation and certifications of 
individuals and firms.

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-KY.'' 
Copies of this notice, the Commonwealth of Kentucky'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 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-KY.'' 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 the Office of 
Management and Budget (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 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: October 16, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.

[FR Doc. 98-29445 Filed 11-2-98; 8:45 am]
BILLING CODE 6560-50-F