[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Notices]
[Pages 27266-27268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12590]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-AR; FRL-6078-1]


Lead; Requirements for Lead-Based Paint Activities in Target 
Housing and Child-Occupied Facilities; State of Arkansas's 
Authorization Application

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On March 29, 1999, the State of Arkansas 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 Arkansas's application, and provides a 45-day 
public comment period and an opportunity to request a public hearing on 
the application. Arkansas has provided a certification that their 
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 be established.

DATES: The State program became effective March 29, 1999. Submit 
comments on the authorization application on or before July 6, 1999. 
Public hearing requests must be submitted on or before June 2, 1999.

    If a public hearing is requested and granted, the hearing will be 
held on May 21, 1999, 1:30 p.m., at the Arkansas Department of 
Environmental Quality, Administration Building, 8003 National Drive, 
Little Rock, Arkansas. If a public hearing is not requested, this 
meeting time and place will be canceled. Therefore, individuals are 
advised to verify the status of the public hearing by contacting 
Jeffrey Robinson (name, telephone number, and address are provided in 
the ``FOR FURTHER INFORMATION CONTACT'' section of this notice) after 
June 2, 1999 and before the May 21, 1999 public hearing date.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-AR'' (in 
duplicate) to: Environmental Protection Agency, Region VI, 6PD-T, 1445 
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.


    Comments, data, and requests for public hearing may also be 
submitted electronically to [email protected]. Follow the 
instructions under Unit IV. of this document. No Confidential Business 
Information (CBI) should be submitted through e-mail.


[[Page 27267]]


FOR FURTHER INFORMATION CONTACT: Jeffrey Robinson, Regional Lead 
Coordinator, Environmental Protection Agency, Region VI, 6PD-T, 1445 
Ross Avenue, Suite 1200, Dallas, TX 75202-2733. Telephone: 214-665-
7577, e-mail address: [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 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 EPA to promulgate final regulations 
governing lead-based paint activities. Lead-based paint activities is 
defined in section 402(b) of TSCA and authorizes EPA to regulate lead-
based paint activities in target housing, public buildings built prior 
to 1978, commercial buildings, bridges and other structures or 
superstructures. 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. On August 31, 1998, EPA instituted the Federal program 
in States or Indian Country without 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. Those applications will be reviewed by 
EPA 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 provides 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 until such 
time as EPA disapproves the program application or withdraws the 
authorization.

    Section 404(b) of TSCA provides that EPA may approve a program 
application only after providing notice and an opportunity for a public 
hearing on the application. Therefore, by this notice EPA is soliciting 
public comment on whether Arkansas's application meets the requirements 
for EPA approval. This notice also provides an opportunity to request a 
public hearing on the application. Arkansas has provided a self-
certification letter from the Governor and Attorney General 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 be established in 
Arkansas.

II. State Program Description Summary

    The Arkansas lead-based paint program is administered by the Lead-
Based Paint Section of the Arkansas Department of Environmental Quality 
(ADEQ). The lead-based paint program duties include enforcement, 
compliance assistance, inspections, certification, licensing, and 
public education.

    The Arkansas Lead-Based Paint Hazard Rules are modeled after the 
Federal lead-based paint activities rules found at 40 CFR part 745, 
subpart L. The rules are applicable to lead-based paint activities 
performed in target housing and child-occupied facilities. ADEQ has 
developed a program that ensures that lead-based paint activities 
conducted in target housing or child-occupied facilities in the State 
of Arkansas are performed by trained and certified individuals who are 
employed by licensed lead-based paint firms. The Act also ensures that 
the individuals are trained by lead-based paint training provders who 
teach the curriculum outlined in 40 CFR part 745 and that the trained 
providers receive review and approval prior to receiving a license and 
are audited to maintain a standard of instruction. Finally, the Act 
ensures that certified individuals, as well as licensed firms, perform 
lead-based paint activities according to work practice standards 
approved by 40 CFR part 745.

    All training program providers are required to receive licensing 
prior to providing, offering, or claiming to provide lead-based paint 
activities courses or refresher courses in the State of Arkansas in any 
of the following disciplines: inspector, risk assessor, supervisor, 
project designer, and abatement worker. Programs that have been 
accredited and or licensed by another State or agency must apply for 
and receive licensing from ADEQ before conducting or advertising a 
training course in Arkansas. ADEQ has the authority to audit training 
programs at any reasonable time.

    All individuals must apply for certification and all firms must 
apply for licensing prior to conducting lead-based paint activities in 
the State of Arkansas. The appropriate certification exam must be taken 
every 3 years for certain disciplines. Persons holding a valid 
certification issued by another State or Agency must apply for and 
receive certification from ADEQ. Firms that perform lead-based paint 
services must be licensed by ADEQ and must employ properly certified 
employees.

    ADEQ has developed work practice standards modeled after the 
requirements at 40 CFR 745.227. ADEQ must be notified in advance of the 
start of an abatement project and an abatement notification fee must be 
paid. ADEQ has the authority to inspect or investigate the practices of 
any person involved in lead-based paint activities in target housing 
and child-occupied facilities. Only laboratories accredited by the 
National Lead Laboratory Accreditation Program (NLLAP) recognized by 
EPA may conduct required analyses, but x-ray fluorescence may be used 
for on-site lead detection.

    Arkansas has submitted information in the application addressing 
the required program elements for State lead-based paint activities 
programs pursuant to 40 CFR 745.325. In addition, Arkansas has 
submitted information detailing their lead-based paint compliance and 
enforcement programs as required by 40 CFR 745.327. At this time, 
Arkansas is not seeking authorization of a pre-

[[Page 27268]]

renovation notification program pursuant to 40 CFR 745.326.

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-AR.'' 
Copies of this notice, the State of Arkansas's authorization 
application, and all comments received on the application are available 
for inspection in the Region VI office, from 7:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The docket is located 
at the EPA Region VI Library, Environmental Protection Agency, 1445 
Ross Avenue, Suite 1200, Dallas, TX.

    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.

    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-AR.'' 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 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 27, 1999.
Gerald Fontenot,
Acting Division Director, Multimedia Planning and Permitting, Region 
VI.
[FR Doc. 99-12590 Filed 5-18-99; 8:45 am]
BILLING CODE 6560-50-F