[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Notices]
[Pages 14444-14446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7338]


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 ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-IA; FRL-6059-2]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities and Hazard Education Before Renovation of Target Housing; 
State of Iowa'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 7, 1998, the State of Iowa 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) and requirements for hazard education before 
renovation of target housing under section 406 of TSCA. This notice 
announces the receipt of the State of Iowa'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 May 10, 1999. Public hearing requests must be received on or 
before April 26, 1999.

ADDRESSES: Submit all written comments identified by docket number PB-
402404-IA (in duplicate) to: Environmental Protection Agency, Region 
VII, Mazzie Talley, Air, RCRA and Toxics Division, Radiation, Asbestos, 
Lead and Indoor Programs Branch, 726 Minnesota Ave., Kansas City, KS 
66101.
     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: Mazzie Talley, Environmental 
Protection Agency, Region VII, Air, RCRA and Toxics Division, 
Radiation, Asbestos, Lead and Indoor Programs Branch, 726 Minnesota 
Ave., Kansas City, KS 66101; telephone (913) 551-7518; 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 (15 U.S.C. 2682) 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

[[Page 14445]]

are certified and follow documented work practice standards. Under 
section 404 (15 U.S.C. 2684), a State may seek authorization from EPA 
to administer and enforce its own lead-based paint activities program.
    Section 406 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to 
promulgate final regulations governing the development of a lead hazard 
information pamphlet and requires each person who performs for 
compensation a renovation of target housing to provide a lead hazard 
information pamphlet to the owner and occupant of such housing prior to 
commencing the renovation. Under section 404 (15 U.S.C. 2684), a State 
may seek authorization from EPA to develop their own pamphlet, 
administer and enforce its own pre-renovation notification 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). On June 1, 1998 (63 FR 29907) (FRL-5751-7), EPA 
promulgated final TSCA section 406 regulations governing hazard 
education before renovation of target housing. 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 (15 
U.S.C. 2684(h)), 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 (15 U.S.C. 
2684(a)). This authorization becomes ineffective, however, if EPA 
disapproves the application.
     Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), 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 State of 
Iowa's application meets the requirements for EPA approval. EPA's final 
decision on the application will be published in the Federal Register.

II. State Program Description Summary

    The following summary of the State of Iowa's proposed program has 
been provided by the applicant:

Lead-Based Paint Activities Training and Certification Program and 
Pre-renovation Notification Program

The state of Iowa has submitted an application to the U.S. 
Environmental Protection Agency asking for the state's Lead-Based 
Paint Activities Training and Certification Program and Pre-
renovation Notification Program to be authorized. The Iowa 
Department of Public Health is the lead agency for these programs.

The rules for the Lead-Based Paint Activities Training and 
Certification Program are found in 641-Chapter 70 of the Iowa 
Administrative Code. The training and certification requirements go 
into effect on August 1, 1999. These rules:

1. Establish the disciplines of lead inspector, elevated blood lead 
(EBL) inspector, lead abatement contractor, lead abatement worker, 
and visual risk assessor.

2. Establish work practice requirements for lead inspections, EBL 
inspections, risk assessments, lead hazard screens, visual risk 
assessments, and lead abatement.

3. Require individuals who conduct these activities to be certified 
by August 1, 1999. In order to be certified, individuals must 
complete an approved training program and meet additional education 
and experience requirements.

4. Establish procedures for the suspension, revocation, or 
modification of certifications.

5. Establish requirements for the approval of training programs and 
requirements and procedures for the administration of a third-party 
certification exam.

The rules for the Pre-renovation Notification Program are found in 
641-Chapter 69 of the Iowa Administrative Code. These rules require 
the distribution of lead hazard information to owners and occupants 
of target housing before renovation for compensation. The pre-
renovation notification goes into effect on August 1, 1999. These 
rules establish:

1. Clear standards for identifying home improvement activities that 
trigger the pamphlet distribution requirements.

2. Procedures for distributing the lead hazard information to owners 
and occupants of the housing prior to renovation activities.

3. Special procedures to be used for emergency renovation, 
remodeling, and repainting of target housing for compensation for 
the purpose of preventing significant property damage or threats to 
public safety or health.

 III. Federal Overfiling

     TSCA section 404(b) (15 U.S.C. 2684(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-IA. 
Copies of this notice, the State of Iowa's authorization application, 
and all comments received on the application are available for 
inspection in the Region VII Office, from 8 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The docket is located at 
Environmental Protection Agency, Region VII, Air, RCRA and Toxics 
Division, Radiation, Asbestos, Lead and Indoor Programs Branch, 726 
Minnesota Ave., Kansas City, KS 66101.
     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 non-confidential 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-

[[Page 14446]]

IA. 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 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 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: February 24, 1999.

William Rice,

Acting Regional Administrator, Region VII.

[FR Doc. 99-7338 Filed 3-24-99; 8:45 a.m.]
BILLING CODE 6560-50-F