[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41421-41423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19592]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-NH/RI; FRL-6091-3]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; States of Rhode Island and New Hampshire Authorization
Applications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On April 30, 1999, Rhode Island and on June 30, 1999, New
Hampshire 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). This notice
announces the receipt of the applications from Rhode Island and New
Hampshire and the opening of a public comment period that will last for
45 days. Rhode Island and New Hampshire 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 September 13, 1999. In addition, a public
hearing request may be submitted by September 13, 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
[[Page 41422]]
control number ``PB-402404-NH/RI'' 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, along with a complete
program application, 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 Rhode Island and New Hampshire meet the
requirements for EPA approval. This notice also provides an opportunity
to request a public hearing on 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.
II. State Program Description Summary
The Rhode Island and New Hampshire programs: (1) Require abatement
permits prior to the commencement of abatement activity; (2)
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 Rhode
Island and New Hampshire.
Rhode Island
The State of Rhode Island and Providence Plantations submitted a
Lead Poisoning Prevention Program established by Title 23, Chapter 24.6
of the Rhode Island General Laws (RIGL), the Rhode Island Department of
Health Rules and Regulations for Lead Poisoning Prevention (R23-24.6-
PB), enacted February 1992 and last amended October 1997, and Rhode
Island Department of Environmental Management Air Pollution Control
Regulation No 24--Removal of Lead Based Paint from Exterior Surfaces,
enacted April 1993.
This program includes: (1) Statewide standards for lead-based
paint, dust, soil, and water hazard identification and remediation; (2)
approval and monitoring of training programs for lead hazard reduction
and environmental lead inspection personnel; (3) licensure of lead
hazard reduction contractors, supervisors and workers; (4)
certification of environmental lead inspectors and inspector
technicians; (5) oversight of lead poisoning cases and evaluation of
trends in blood lead levels utilizing the Department of Health Lead
Surveillance System and the Department of Health Adult Blood Lead
Registry; (6) a full range of clinical and environmental lead-related
testing services provided by the RI Department of Health- Division of
Laboratories; and (7) health education and community outreach
activities to promote lead safe behavior and conditions.
This overall program has been implemented by the RI Department of
Health Office of Occupational & Radiological Health and Office of
Environmental Health Risk Assessment, the RI Department of
Environmental Management Office of Compliance and Inspections, and the
RI Department of the Attorney General.
New Hampshire
The State of New Hampshire has submitted a Lead Poisoning
Prevention Program established by the New Hampshire Revised Statutes
Annotated Chapter 130-A, and New Hampshire Chapter He-P 1600, the Lead
Poisoning Prevention and Control Rules. This program includes: (1)
Licensure and certification requirements for those professionals who
carry out lead abatement and inspection activities; (2) procedures and
requirements for the accreditation and reaccreditation of training
providers; (3) work practice standards for conducting lead-based
[[Page 41423]]
paint activities; (4) certification requirements for laboratories
performing tests to detect or measure lead in human body fluids and
tissues; (5) reporting requirements for laboratories who conduct blood
lead analysis on adults or children residing in New Hampshire; and (6)
procedures and requirements for enforcement of the rules within the
state. The program has been implemented by the Department of Health &
Human Services, Office of Community and Public Health.
III. 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-NH/RI.''
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-NH/RI.'' Electronic comments on
this document may be filed online at many Federal Depository Libraries.
Information claimed as CBI should not be submitted electronically.
IV. 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: July 19, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-19592 Filed 7-29-99; 8:45 am]
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