[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Pages 59994-59996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29810]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-DE; FRL-6037-3]


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

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On August 27, 1998, the State of Delaware 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 Delaware'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 December 21, 1998. Public hearing requests must be received on 
or before December 7, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-DE (in 
duplicate) to: U.S. Environmental Protection Agency, Region III, Waste 
and Chemicals Management Division, Toxics Programs and Enforcement 
Branch (3WC33), 1650 Arch St., Philadelphia, PA 19103-2029.
    Comments, data, and requests for a public hearing may also be 
submitted electronically to: [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: Artencia R. Johnson (3WC33), Waste and 
Chemicals Management Division, U.S. Environmental Protection Agency, 
Region III, 1650 Arch St., Philadelphia, PA 19103, Telephone: (215) 
814-5754; e-mail: [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.

[[Page 59995]]

    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 Delaware'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 Delaware's proposed program has been 
provided by the applicant.
    The State of Delaware, Department of Health and Social Services 
(DHSS), Division of Public Health (DPH), Office of Lead Poisoning 
Prevention (OLPP), under whose jurisdiction Delaware's childhood lead 
reduction initiatives reside, is the entity within State government 
that has promulgated the required regulations. The program will be at 
least as protective of human health and the environment as future 
Federal programs and will provide for adequate enforcement. The main 
thrust of Delaware's OLPP Program will be devoted to implement and 
enforce the required regulations based upon enacted legislation 
authorizing the establishment of a statewide lead prevention program. 
These required regulations, entitled ``State of Delaware Regulations 
Governing Lead-Based Paint Hazards,'' became effective August 11, 1998. 
DPH's OLPP staff; Delaware State Housing Authority and other local 
housing authorities; Division of Professional Regulations; Department 
of Natural Resources and Environmental Control; City of Wilmington's 
Housing Inspections Department; private industry and industry trade 
associations (realtors, contractors, etc.); and other local and 
community-based outreach groups. The combined and coordinated efforts 
of these agencies will continue to play a vital role in the 
implementation of DPH's Office of Lead Poisoning Prevention Program.
    Delaware has a total population of approximately 739,337 people 
located in three counties. The most heavily populated county is New 
Castle with a population of 478,068. The population of Kent County is 
123,528 and of Sussex County 137,741. Wilmington is the largest city 
with a population of 71,517. Delaware's birth through 5-year old 
population is 60,284.
    Universal screening legislation in Delaware, the Childhood Lead 
Poisoning Prevention Act, implemented in March 1995, requires private 
health care providers to order blood lead screening on all children at 
or around 12 months of age. All screening services are covered by third 
party insurance. Uninsured children and those without a medical home 
will continue to be screened at DPH Child Health Clinics. Environmental 
inspections and lead hazard reduction will occur at least in the homes 
of children with elevated blood lead levels >20 mcg/dL. In addition, 
targeted screening and investigations will occur in high risk 
neighborhoods, in day care centers, and the Head Start centers.
    The lack of lead-safe housing is a problem in Delaware. Based on 
1990 census information, it is estimated that approximately 144,000 
owner and renter occupied homes in Delaware built prior to 1980 contain 
some level of lead-based paint. The DPH OLPP Program has been 
monitoring blood lead levels in children since 1975. Utilizing existing 
OLPP data and 1990 U.S. Census information, the DPH has identified 
target areas with the City of Wilmington. However, the existence of 
lead-based paint in these target areas has not been confirmed. In 
addition, there is insufficient data on housing in the remainder of the 
State to conclusively identify other high risk areas.

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-DE.'' 
Copies of this notice, the State of Delaware's authorization 
application, and all comments received on the application are available 
for inspection in the Region III office, from 8 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The docket is located 
at U.S. Environmental Protection Agency, Region III, Waste and 
Chemicals Management Division, Toxics Programs and Enforcement Branch 
(3WC33), 1650 Arch St., Philadelphia, PA.

    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-DE.'' Electronic comments on this 
document may be filed online at many Federal Depository Libraries. 
Information claimed as CBI should not be submitted electronically.
    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 commenters submitting 
such

[[Page 59996]]

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.

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.), 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 representative 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 mandates.''
    Today's action does not create and 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 13984

    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 
and that significantly or uniquely effects 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 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 27, 1998.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

[FR Doc. 98-29810 Filed 11-5-98; 8:45 am]
BILLING CODE 6560-50-F