[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Notices]
[Pages 71465-71467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34293]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-DC; FRL-6042-9]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; District of Columbia'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 17, 1998, the District of Columbia 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 the District of Columbia's application, 
provides a 45-day public comment period, and

[[Page 71466]]

provides an opportunity to request a public hearing on the application.

DATES: Comments on the authorization application must be received on or 
before February 11, 1999. Public hearing requests must be received on 
or before January 27, 1999.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number PB-402404-DC (in duplicate) 
to: 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: Enid A. Gerena (3WC33), Waste and 
Chemicals Management Division, Environmental Protection Agency, Region 
III, 1650 Arch St., Philadelphia, PA 19103-2029, telephone: (215) 814-
2067, 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. 
2681-2692), 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 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. 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 (Mayor in the case of the District of Columbia) 
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 the District of Columbia'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 the District of Columbia's proposed 
program has been provided by the applicant:
    The primary agency that is responsible for administering and 
enforcing the District Lead-Based Paint Activities Program is the 
Department of Health, Environmental Health Administration (DHEHA).
    Proposed lead abatement control legislation was initially 
introduced to the District of Columbia City Council and referred to the 
Council's Committee on Housing and Urban affairs on June 20, 1996. The 
Committee held a round table to receive comments from the public on the 
proposed regulations. At that hearing, several organizations that 
advocate promoting and implementing safe lead abatement practices 
testified in support of a lead abatement program in the District of 
Columbia. Some comments were incorporated into the revised bill, which 
was then approved by the Council, the Mayor, the District of Columbia 
Financial Recovery Authority, and, finally, the U.S. Congress. In 
October 1997, proposed regulations implementing the Act were published 
for public review and comment. No comments were received and the final 
regulations were published in the D.C. Register on January 2, 1998 (45 
DCR 20). The District of Columbia's Title 20 DCMR Section 806 
(Regulations) became effective January 2, 1998.
    The DHEHA is seeking program authorization from EPA to administer 
and enforce the ``District of Columbia Lead-Based Paint Abatement 
Control Act of 1996'' in accordance with sections 402/404 of TSCA 
``Requirements for Lead-Based Paint Abatement in Target Housing and 
Child-Occupied Facilities.'' EPA designed this program to ensure that 
DHEHA properly trains and certifies individuals conducting lead-based 
paint inspections, risk assessments and abatements in target housing 
and child-occupied facilities in the District of Columbia, that 
training programs providing instruction in such activities are 
accredited and that these activities are conducted according to 
reliable, effective, and safe work practice standards.
    The regulations established:
    1. Procedures and requirements for the accreditation of lead-based 
paint training activities.
    2. Procedures and requirements for the certification of individuals 
engaged in lead-based paint activities.
    3. Work practice standards for the conduct of lead-based paint 
activities.
    4. Requirements that all lead-based paint activities be conducted 
by appropriately certified contractors.
    5. Development of the appropriate infrastructure or government 
capacity to carry out and enforce a State program effectively.
    The overall objective of the District of Columbia's Lead-Based 
Paint Program is to ultimately establish a registry of lead safe houses 
and interface proactively with other District agencies and the 
community to eliminate lead-based paint hazards. With a pool of 
qualified technicians and lead abatement workers

[[Page 71467]]

who are trained and certified to remove lead in the environment in a 
safe manner, future generations will be assured of a cleaner 
environment and healthier lives.

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-DC. Copies 
of this notice, the District of Columbia'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, 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-DC. 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 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.

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 the 
Intergovernmental Partnership (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 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 and 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 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: December 15, 1998.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 98-34293 Filed 12-24-98; 8:45 am]
BILLING CODE 6560-50-F