[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Notices]
[Pages 19528-19530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10003]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-AL; FRL-6072-1]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Alabama's Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On October 5, 1998, the State of Alabama 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 Alabama's application, provides a 45-day
public comment period, and provides an opportunity to request a public
hearing on the application. Alabama 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 Alabama.
DATES: Comments on the authorization application must be received on or
before June 7, 1999. Public hearing requests must be received on or
before May 5, 1999.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket number ``PB-402404-AL'' (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: [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
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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 Alabama'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 Alabama's proposed program has been
provided by the applicant:
The State of Alabama, through the Alabama Department of Public
Health (ADPH) and Safe State of the University of Alabama, will
implement and administer the lead-based paint training, accreditation,
and certification program, based on authority provided by the Alabama
Legislature during ratification of ``The Alabama Lead Reduction Act of
1997.''
The Alabama regulations are applicable to all persons engaged in
lead-based paint activities in target housing and child-occupied
facilities. The State certification program requirements include:
accreditation of lead-based paint activities training providers and
training courses; certification of firms and individuals (inspectors,
risk assessors, supervisors, project designers, and abatement workers)
conducting lead-based paint inspections, risk assessments, or abatement
in target housing and child-occupied facilities; and required work
practice standards for lead-based paint activities.
Additional requirements include: (1) Principal instructors and
guest instructors teaching hands-on or work practice standards to
successfully complete the training course to be taught; (2) training
programs to notify Safe State of the University of Alabama prior to
conducting a training course; and (3) training course accreditation to
be contingent on completion of a satisfactory course audit.
Work practice standards required for lead-based paint activities
are equivalent to standards in the Federal regulations, but also
include filing a project notification in writing, with fees, prior to
commencement of any lead-based paint abatement activity.
The State program provides for establishing reciprocity
arrangements with other states and/or Indian Tribes with authorized
programs, and provides for outreach activities to educate the public
and the regulated community. Costs are supported by Federal grants as
well as fees assessed for the certification of firms, accreditation of
training programs and individuals, and the notification of projects.
Alabama's rules provide for the suspension and revocation or
modification of training provider accreditations, training course
accreditation, and firm and individual certifications.
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-AL.''
Copies of this notice, the State of Alabama'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 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 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 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-AL.'' 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
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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 7, 1999,
A. Stanley Meiburg,
Regional Administrator, Region IV.
[FR Doc. 99-10003 Filed 4-20-99; 8:45 am]
BILLING CODE 6560-50-F