[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Notices]
[Pages 71781-71784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33162]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-MN; FRL-6393-2]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; State of Minnesota Authorization Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On September 29, 1999, the State of Minnesota 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 Minnesota's application, provides a 45-day 
public comment period, and provides an opportunity to request a public 
hearing on the application. Minnesota 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 Minnesota.

DATES: Comments, identified by docket control number PB-402404-MN, must 
be received on or before February 7, 2000. In addition, a public 
hearing request may be submitted on or before February 7, 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-MN in the 
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: Emma Avant, State of Minnesota Project 
Officer, Pesticides and Toxic Substances Branch, Environmental 
Protection Agency, Region V, 77 West Jackson Blvd, DT-8J, Chicago, IL 
60601; telephone: (312) 886-7899; 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 Minnesota. 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-MN. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of

[[Page 71782]]

Minnesota'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 V Office, Environmental Protection Agency, Waste, Pesticides 
and Toxics Division, Pesticides and Toxic Substances Branch, Toxic 
Programs Section, DT-8J, 77 West Jackson Blvd, Chicago, IL.

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-MN 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 V, Waste, Pesticides and Toxics 
Division, Pesticides and Toxic Substances Branch, DT-8J, 77 West 
Jackson Blvd, Chicago, IL 60604.
    2. In person or by courier. Deliver your comments and hearing 
requests to: Environmental Protection Agency, Waste, Pesticides and 
Toxics Division, Pesticides and Toxic Substances Branch, DT-8J, 
Chicago, IL 60601. 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 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-MN. 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 State of Minnesota 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 Minnesota 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., September 29, 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 
Minnesota 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

[[Page 71783]]

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 State of Minnesota's proposed program 
has been provided by the applicant.

A. Background

    The purpose of Minnesota's lead poisoning prevention program is to 
prevent or reduce lead poisoning in children and pregnant women. This 
is accomplished by surveillance of blood lead levels, provision of 
health education to the general public and to interested parties, and 
by regulation of lead hazard reduction in residences, child-occupied 
facilities, schools, and playgrounds.

B. Surveillance

    Minnesota Statutes require that the results of all human blood lead 
analyses must be reported to the Minnesota Department of Health (MDH), 
along with associated demographic information. Information on 
individuals is private under Minnesota's Government Data Practices Act. 
Summary data are compiled annually and are public information.
    Surveillance results in lead-related educational and environmental 
followup when analyses of venous blood samples identify: Children with 
blood lead levels of at least 20 micrograms of lead per deciliter 
(g/dL) of whole blood; children with blood lead levels of 15 
to 20 g/dL, that persist for 90 day; and pregnant women with 
blood lead levels of at least 10 g/dL. Health education and 
environmental followup is conducted either by the MDH or by a city or 
county health department with jurisdiction. Statutes require the health 
departments serving Minneapolis, St. Paul, and Duluth to conduct 
followup. Eleven other city or county health departments have chosen to 
conduct followup, but are allowed to cede the program to MDH by 
notifying the commissioner of MDH by December 31, 1999. MDH is 
responsible for followup in 76 of Minnesota's 87 counties.

C. Health Education

    MDH conducts lead-related health education activities for both 
primary and secondary prevention of elevated blood lead levels. 
Educational materials include a variety of brochures and some 
videotapes. Topics include identification of possible lead sources, 
dealing with lead sources, preventing lead exposure to young children, 
remodeling older homes, disposal of lead waste, and disclosure of lead 
hazards to prospective buyers or renters of residences. Some of these 
materials are available in Spanish or Hmong.
    Compliance assistance is provided as part of the health education 
activities. The Lead Link newsletter is targeted primarily to people 
with lead licenses. The newsletter provides updates on changes to rules 
or statutes and on new technology for lead testing or lead hazard 
reduction. Articles explain particular aspects of the rules or answers 
readers' questions. A renewal reminder is mailed to each licensee 2 to 
3 months prior to the expiration of a license. In addition, staff 
routinely respond to inquires from licensed lead professionals on an 
individual basis.

D. Regulation

    In 1999, MDH amended its previous administrative rules to establish 
procedures for conducting environmental followup of children and 
pregnant women with blood lead levels for which followup is mandated. 
These rules establish criteria for identifying potential sources of 
lead exposure to children and pregnant women and requires that 
regulated lead work in affected property be performed by individuals 
who have obtained licenses from the commissioner after successfully 
completing permitted lead training courses and passing an examination 
administered by a permitted independent testing organization.
    Regulated lead sources include lead-based paint; lead-contaminated 
dust; lead-contaminated bare soil; and lead-contaminated drinking 
water. Standards are set in rules for the lead content of each of these 
regulated lead sources.
    Affected property includes: residences; child-occupied facilities; 
schools; and playgrounds within Minnesota. However, MDH does not claim 
jurisdiction on tribal lands for the purpose of implementing lead-
related requirements.
    Regulated lead work includes: lead hazard screens; lead 
inspections; lead risk assessments; lead hazard reduction, which 
includes lead abatement and swab team services.
    Providers of initial and annual refresher training courses that are 
intended to qualify individuals for lead-related licenses must submit 
course materials to MDH for review and obtain permits from MDH. The 
required course content and qualified personnel are described in the 
MDH rules.
    The MDH rules apply to individuals and legal entities, including 
local health departments, who do regulated lead work in or for affected 
property. Except as provided under these rules, a person must obtain 
the appropriate license before doing regulated lead work. Any person 
doing regulated lead work who is required by these rules to have a 
license, must have the required license in personal possession and, on 
request, must show it to a representative of the commissioner or of the 
local health department with jurisdiction at the lead work site. A 
permit for a training course must be obtained by the course provider 
before representing the course as qualifying trainees for licensure 
under these rules.
    An individual who does regulated lead work in a residence which is 
owned and occupied by the individual or by another adult individual who 
is related to the owner, must use the methods specified in the rules. 
The property owner, or an adult individual who is closely related to 
the owner, does not need a license to do lead hazard reduction for the 
owner's property. The MDH rules do not apply to:
    1. Work that is performed for any purpose other than the express 
purpose of regulated lead work.
    2. Emergency shelter homes or emergency shelter services.
    3. Housing for the elderly or persons with disabilities unless at 
least one child, who is less than 72 months of age, resides or is 
expected to reside in such housing.
    4. Zero-bedroom residences, unless occupied by a child with an 
elevated blood lead level for which a lead risk assessment is required.
    5. Foster homes occupied by a child for no more than 90 days if the 
foster care is provided by an adult individual who is related, as 
defined in Minnesota Statutes.
    6. Foster homes occupied by a child for no more than 30 days if the 
foster care is not provided by an individual who is related, as defined 
in Minnesota Statutes.
    7. Any structure that is totally vacated within 30 days of the 
issuance of lead orders and that remains totally unoccupied until the 
structure is totally demolished which must be completed within 2 years 
of the date of the orders.
    8. Chemical test kits for the on-site, qualitative detection of 
lead.
    Individuals who have licenses or certificates that were issued 
under

[[Page 71784]]

previous rules for lead inspector, lead contractor, or lead worker 
remain licensed or certified until their annual expiration dates but 
must meet the requirements of the amended rules to remain licensed 
thereafter.
    MDH has statutory authority and an administrative plan for 
monitoring compliance with its lead rules. MDH staff conduct on-site 
evaluations of lead training courses, lead inspections, lead hazard 
screens, lead risk assessments, and lead hazard reduction, which is 
defined to include lead abatement. The Minnesota Health enforcement 
Consolidation Act provides for penalties of up to $10,000. The amount 
of administrative penalties depends on the severity of the violations 
and can be partly or entirely forgivable, if remedial actions are 
promptly implemented. In addition, licenses can be suspended or 
revoked.

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: December 1, 1999.
Gary Gulezian,
Acting Administrator, Region V.

[FR Doc. 99-33162 Filed 12-21-99; 8:45 am]
 BILLING CODE 6560-50-F