[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18904-18906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9476]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-RG1; FRL-6075-5]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; States of Connecticut, Maine, Massachusetts, and Vermont 
Authorization Applications

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On November 16, 1998, Maine and Massachusetts submitted 
applications 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). Connecticut 
submitted its application for EPA approval on November 30, 1998. 
Vermont submitted its application for EPA approval on February 10, 
1999. This notice announces the receipt of the applications from 
Connecticut, Maine, Massachusetts, and Vermont and the opening of a 
public comment period that will last for 45 days. Connecticut, Maine, 
Massachusetts, and Vermont each have provided individual State self-
certifications of lead programs meeting the requirements for approval 
under section 404 of TSCA. Therefore, pursuant to section 404, each of 
these State programs is deemed authorized as of the date of submission. 
If EPA subsequently finds that a program does not meet all the 
requirements for approval of a State program, EPA will work with the 
State to correct any deficiencies in order to approve the program. If 
the deficiencies are not corrected, a notice of disapproval will be 
issued in the Federal Register and a Federal program will be 
implemented in the State whose program has been disapproved.

DATES: Individuals should submit comments on the authorization 
applications on or before June 1, 1999. In addition, a public hearing 
request may be submitted by June 1, 1999. If a public hearing is 
requested and granted, the hearing date and time will be announced in 
the Federal Register.

ADDRESSES: Submit in duplicate all written comments and/or requests for 
a public hearing, identified by docket control number ``PB-402404-RG1'' 
to: Environmental Protection Agency, Region I, (CPT) Suite 1100, One 
Congress Street, Boston, MA 02114-2023. Comments and a request for a 
public hearing may be submitted electronically to 
[email protected]. Please follow the instructions in Unit 
IV. of this document. No confidential business information (CBI) should 
be submitted through e-mail.

FOR FURTHER INFORMATION CONTACT: James M. Bryson, Regional Abatement 
Coordinator, Environmental Protection Agency, Region I, (CPT) Suite 
1100, One Congress Street, Boston, MA 02214-2023. Telephone: 617-918-
1524, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 102-550, became law. Title X of that statute is the 
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act 
amended the Toxic Substances Control Act (``TSCA'') (15 U.S.C. 2601 et 
seq.) by adding Title IV (15 U.S.C. 2681-92) which is 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 those 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. On August 31, 1998, EPA was required to institute the 
Federal program in States or Indian Country not having 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. 
EPA is required to review those applications 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 that its 
program provides adequate enforcement. 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 and concluding, based 
on the required program analysis, that the State program is at least as 
protective as the Federal program and that the State program provides 
adequate enforcement.
    Upon submission of such certification letter, the program is deemed 
authorized. This authorization is retracted, however, if upon review, 
EPA subsequently determines that the program is not at least as 
protective of human health and the environment as the Federal program, 
and/or does not provide for adequate enforcement, and the State does 
not correct the deficiencies necessary to make it so. Section 404(b) of 
TSCA provides that before authorizing a State program, EPA must provide 
notice and an opportunity for a public hearing on the application. 
Therefore, by this notice EPA is soliciting public comment on whether 
the applications submitted by the States of Connecticut, Maine, 
Massachusetts, and Vermont meet the requirements for EPA approval. This 
notice also provides an opportunity to request a public hearing on any 
of the applications. If a hearing is requested and granted, EPA will 
issue a Federal Register notice announcing the date, time, and place of 
the hearing. If EPA's final decision on the application is a 
disapproval, this will be discussed in another Federal Register Notice.

[[Page 18905]]

II. State Program Description Summary

    The Connecticut, Maine, Massachusetts, and Vermont programs: (1) 
Require abatement permits prior to the commencement of abatement 
activity; (2) will investigate tips and complaints, and enforce 
certification, accreditation, and permitting requirements for all 
disciplines and for all abatement-related activities, including 
training; and (3) provide for the suspension and/or revocation of the 
accreditation of training providers, as well as of the certifications 
of individuals and firms engaged in lead abatement practices.
    The following are summaries of the programs proposed by 
Connecticut, Maine, Massachusetts, and Vermont.

Connecticut

    The State of Connecticut submitted a lead poisoning prevention 
program established by the Connecticut General Statutes Sections: 19a-
110 through 19a-111e, 20-482, 19a-14(a)(6), 19a-17 and 19a-206, and the 
Connecticut Department of Public Health Lead Poisoning Prevention and 
Control Regulations 19a-111-1 through 19a-111-11, and Licensure and 
Certification Regulations 20-478-1 through 20-478-3. This program 
includes: (1) Statewide standards for lead-based paint hazard 
identification and remediation; (2) approval and monitoring of training 
programs for lead abatement and consultant personnel; (3) licensure of 
lead abatement and consultant contractors; (4) certification of lead 
abatement and consultant personnel; (5) surveillance of blood lead 
testing activities, oversight of lead poisoning cases and evaluation of 
trends in blood lead levels utilizing the DPH Lead Surveillance System 
and the DPH Adult Blood Lead Registry; (6) a full range of clinical and 
environmental lead-related testing services as provided by the DPH 
Division of Laboratories Services; and (7) health education for risk 
education by fostering lead safe behavior and conditions. This overall 
program has been implemented with the assistance of local health 
departments that function in key supportive roles.

Maine

    The State of Maine has submitted a Lead Poisoning Prevention 
Program established by the Maine Revised Statutes Annotated (M.R.S.A). 
The specific authorities are contained in 38 M.R.S.A. Sections 341-A-
349-A (1989 & Supp. 1997), 38 M.R.S.A. Section 1291-1297 (Supp. 1997) 
and 06-096 Chapter 424: Lead Management Rule. This regulation contains 
procedures and requirements for the certification of persons engaged in 
lead-based paint activities, work practice standards for performing 
such activities, and accreditation of training providers and training 
programs. The regulation requires that, except as specifically 
exempted, all lead inspections, risk assessments, lead abatement 
designs, lead abatement activities, and any other services related to 
lead-based paint such as screening, lead determinations, and deleading 
be performed only by individuals and firms licensed pursuant to this 
regulation. This also sets standards and procedures for establishing 
the lead-safe status of residential dwellings and child-occupied 
facilities. The overall program has been implemented by the Department 
of Environmental Protection with the assistance of the Department of 
Human Services.

Massachusetts

    The State of Massachusetts has submitted a Lead Poisoning 
Prevention Program established by Massachusetts General Law, Chapter 
111, Sections 189A through 199A and Department of Public Health Lead 
Poisoning Prevention and Control Regulations 105 CMR 460 and Department 
of Labor and Workforce Development Deleading Regulations 454 CMR 22.00. 
The Program addresses a wide range of activities. Program elements 
include: (1) State standards for lead-based paint hazards and 
remediation; (2) approval and monitoring of training programs for lead 
abatement; (3) licensure of lead abatement and consultant contractors; 
(4) certification of lead abatement and consultation personnel; (5) 
surveillance of blood lead testing activities, oversight of lead 
poisoning cases and evaluation of trends in blood lead levels; (6) a 
full range of clinical and environmental lead-related testing services 
and; (7) health education for risk reduction by fostering lead safe 
behavior and conditions. This overall program has been implemented with 
the full support of both departments.

Vermont

    The State of Vermont has submitted a Lead Poisoning Prevention 
Program established by the Vermont Statutes Annotated Title 18, Chapter 
38. The specific regulatory authority is contained in the Vermont 
Regulations for Lead Control, V.S.A. Title 18, Chapter 38. This 
regulation contains procedures and requirements for the certification 
of persons engaged in lead-based paint activities, work practice 
standards for performing such activities, and accreditation of training 
providers and training programs. The regulation requires that, except 
as specifically exempted, all lead inspections, risk assessments, lead 
abatement designs, lead abatement activities, and any other services 
related to lead-based paint such as screening, lead determinations, and 
deleading be performed only by individuals and firms licensed pursuant 
to this regulation. The overall program has been implemented by the 
Department of Health.

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 
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 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-RG1.'' 
Copies of this notice, and all comments received on the applications 
are available for inspection in the EPA Region I Office from 7:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The docket 
is located at the EPA Region I Library, Suite 1100, One Congress 
Street, Boston, MA 02114-2023. Commenters are encouraged not to include 
CBI in their comments. However, any information submitted and claimed 
as CBI must be clearly identified as such and marked ``confidential,'' 
``CBI,'' or with some other appropriate designation. In addition, a 
commenter submitting such information must 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-RG1.'' Electronic comments on

[[Page 18906]]

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: April 6, 1999.

John P. DeVillars,
Regional Administrator, Region I.

[FR Doc. 99-9476 Filed 4-15-99; 8:45 am]
BILLING CODE 6560-50-F