[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69760-69762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32386]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-PR; FRL-6383-8]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; Commonwealth of Puerto Rico Authorization Application

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Notice.

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 SUMMARY: On August 6, 1999, the Commonwealth of Puerto Rico 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 Puerto Rico's application, provides a 45-day 
public comment period, and provides an opportunity to request a public 
hearing on the application. Puerto Rico 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 Puerto Rico.

DATES: Comments, identified by docket control number PB-402404-PR, must 
be received on or before January 28, 2000. In addition, a public 
hearing request may be submitted on or before January 28, 2000.
 ADDRESSES: Comments and the public hearing request may be submitted by 
mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Unit I. of the 
``SUPPLEMENTARY INFORMATION.'' To ensure proper receipt by EPA, it is 
imperative that you identify docket control number PB-402404-PR in the 
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: Louis Bevilacqua, Regional Lead 
Coordinator, Pesticides and Toxic Substances Branch, Environmental 
Protection Agency, Region II, 2890 Woodbridge Avenue, MS-225, Edison, 
NJ 08837-3679. telephone: (732) 321-6671; e-mail address: 
[email protected].
 SUPPLEMENTARY INFORMATION:

 I. General Information

 A. Does this Action Apply to Me?

     This action is directed to the public in general. This action may, 
however, be of interest to firms and individuals engaged in lead-based 
paint activities in Puerto Rico. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under ``FOR FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

     1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PB-402404-PR. The official 
record consists of the documents specifically referenced in this 
action, this notice, the Commonwealth of Puerto Rico's authorization 
application, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The docket is located at the EPA Region II 
Office, Environmental Protection Agency, Pesticides and Toxic 
Substances Branch, Building 209, Bay B, Lead Team Office, 2890 
Woodbridge Avenue, Edison, NJ.

 C. How and to Whom Do I Submit Comments and Hearing Requests?

     You may submit comments and hearing requests through the mail, in 
person, or electronically. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number PB-402404-PR in the 
subject line on the first page of your response.
    1. By mail. Submit your comments and hearing requests to: 
Environmental Protection Agency, Region II, Pesticides and Toxic 
Substances Branch, 2890 Woodbridge Avenue, MS-225, Edison, NJ 08837-
3679.
     2. In person or by courier. Deliver your comments and hearing 
requests to: Environmental Protection Agency, Pesticides and Toxic 
Substances Branch, Building 209, Bay B, Lead Team Office, 2890 
Woodbridge Avenue, Edison, NJ. The regional office is open from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays.
     3. Electronically. You may submit your comments and hearing 
requests electronically by e-mail to: 
``[email protected]'' or mail your computer disk to the 
address identified above. Do not submit any information electronically 
that you

[[Page 69761]]

consider to be CBI. Electronic comments and hearing requests must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Comments and data and hearing requests will 
also be accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file 
format. All comments and hearing requests in electronic form must be 
identified by docket control number PB-402404-PR. Electronic comments 
and hearing requests may also be filed online at many Federal 
Depository Libraries.

D. How Should I Handle CBI Information That I Want to Submit to the 
Agency?

     Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under ``FOR FURTHER INFORMATION 
CONTACT.''

II. Background

A. What Action is the Agency Taking?

     The Commonwealth of Puerto Rico has provided a certification 
letter stating that its lead-based paint training and certification 
program meets the requirements for authorization of a State program 
under section 404 of TSCA and has requested approval of the Puerto Rico 
lead-based paint training and certification program. Therefore, 
pursuant to section 404 of TSCA, the program is deemed authorized as of 
the date of submission (i.e., August 6, 1999). If EPA subsequently 
finds that the 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.
     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 approving the application. Therefore, 
by this notice EPA is soliciting public comment on whether the 
Commonwealth of Puerto Rico'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.

 B. What is the Agency's Authority for Taking this Action?

     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. 
2681-2692), 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 of TSCA, 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 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 or withdraws the program authorization.

III. State Program Description Summary

     The following summary of the Commonwealth of Puerto Rico's 
proposed program has been provided by the applicant.
    The Commonwealth of Puerto Rico, through the Environmental Quality 
Board, has implemented its Lead-Based Paint Program based on the 
following outlined structure.
    In December 1997 and June 1998, the Legislature passed an amendment 
to the Environmental Public Policy Act (Law No. 9) of June 18, 1970, as 
amended, 12 L.P.R.A. 1121, et. seq., which authorizes the Puerto Rico 
Environmental Quality Board to be the government agency responsible for 
the implementation, administration, and enforcement of the Puerto Rico 
Lead Permit and Certification Program.
    The Environmental Quality Board adopted the Regulations for the 
Control of Lead-Based Paint Abatement Activities, Chapter 1500 on May 
26, 1999. These rules were approved by the Secretary of State and 
became effective on June 28, 1999.
    Law No. 9, as amended, and the Regulations for the Control of Lead-
Based Paint Abatement Activities establish the following:
Legal Authority, 1502
    These rules are promulgated pursuant to the authority conferred to 
the Environmental Board by Act Number 9 of June 18, 1970, 12 L.P.R.A. 
1121, et. seq., as amended.
Definitions, 1503
    These rules contain definitions for the clarification of content.
Purpose, 1510
    These rules contain background information on the purpose for

[[Page 69762]]

establishing lead-based paint regulations.
Scope and Applicability, 1511
    These rules contain procedures and requirements for the 
accreditation of lead-based paint activities training programs, 
procedures and requirements for the certification of individuals and 
firms engaged in lead-based paint activities, and standards for 
performing such activities. These rules also contain requirements that 
all lead-based paint activities in target housing and child-occupied 
facilities shall be performed by certified individuals and firms. These 
rules do not require the mandatory abatement of lead-based paint.
Compliance Inspections; Authority to Enter, 1512
    These rules contain authority for Environmental Quality Board 
members, agents, or employees to enter and examine a facility 
periodically and unannounced for compliance with lead regulation 
requirements.
Generic Provisions, 1513, 1514, 1515
    These rules contain requirements for generic provisions.
Generic Prohibitions, 1520
    These rules contain requirements for generic prohibitions.
Failure to Comply, 1521
    These rules contain authority for the Environmental Quality Board 
to execute penalties for violating the regulations.
Accreditation of Training Programs for Target Housing and Child-
Occupied Facilities, 1530-1539
    These rules contain procedures and requirements for the 
accreditation of training programs which include, but are not limited 
to, minimum requirements for the approval of training program's 
application, curriculum requirements, training hour requirements, 
hands-on training requirements, examinations of competency and 
proficiency, assessment of fees, on-site audits requirements, quality 
control, notification and recordkeeping, and reasons for suspension, 
revocation, and/or modification of a training program.
Certification Requirements and Application Procedures for Individuals 
and Firms, 1540-1549
    These rules contain procedures and requirements for the 
certification of individuals and firms engaged in lead-based paint 
activities, which include, but are not limited to, educational and 
experience requirements, completion of an approved training program, 
and third party exam. It also includes fees, renewal requirements, 
reciprocity, grandfathering, compliance with work practice standards, 
and suspension, revocation, and modifications of certification.
Work Practice Standards for Conducting Lead-Based Paint Activities for 
Target Housing and Child-Occupied Facilities, 1550-1569
    These rules contain procedures and requirements for conducting 
lead-based paint activities which include, but are not limited to, 
inspections, lead hazard screens, risk assessments, notification, 
abatement, project approval, fee assessment, composite sampling, 
laboratory analysis, notification, permit conditions, manifest and 
recordkeeping requirements.
Lead Clearance Levels, 1570
    Clearance procedures shall be conducted on all abatement projects 
by a certified risk assessor or lead inspector after appropriate 
cleaning has been completed. Compliance levels are designated in this 
section.

IV. Federal Overfiling

    Section 404(b) of TSCA 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.

V. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of this document in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

 List of Subjects

     Environmental protection, Hazardous substances, Lead, Reporting 
and recordkeeping requirements.

    Dated: November 1, 1999.
William J. Muszynski,
Acting Administrator, Region II.

[FR Doc. 99-32386 Filed 12-13-99; 8:45 am]
BILLING CODE 6560-50-F