[Federal Register Volume 65, Number 16 (Tuesday, January 25, 2000)]
[Notices]
[Pages 3960-3962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1739]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-CN; FRL-6490-1]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; Cherokee Nation Authorization Application

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  On November 19, 1999, the Cherokee Nation 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 the Cherokee Nation's application, and 
provides a 45-day public comment period and an opportunity to request a 
public hearing on the application.

DATES:  Comments, identified by docket control number PB-402404-CN, 
must be received on or before March 10, 2000. In addition, a public 
hearing request may be submitted on or before March 10, 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-CN in the 
subject line on the first page of your response.

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. 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 the Cherokee Nation. 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-CN. The official 
record consists of the documents specifically referenced in this 
action, this notice, the Cherokee Nation'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 VI 
Office, Environmental Protection Agency, Multi-Media Planning and 
Permitting Division, Toxics Section, 1445 Ross Avenue, Dallas, TX.

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-CN 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 VI, Multi-Media Planning & 
Permitting Division, Toxics Section, 1445 Ross Avenue, Suite 1200, 6PD-
T, Dallas, TX 75202-2733.
    2. In person or by courier. Deliver your comments and hearing 
requests to: Environmental Protection Agency, Multi-Media Planning & 
Permitting Division, Toxics Section, 7th Floor, 1445 Ross Avenue, 
Dallas, TX. 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-CN. 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.

[[Page 3961]]

II. Background

A. What Action is the Agency Taking?

    The Cherokee Nation has submitted an application to EPA Region VI, 
under section 404 of TSCA and has requested approval of their lead-
based paint training and certification program. This application will 
be reviewed by EPA within 180 days of receipt of a complete 
application. If EPA subsequently finds that the program does not meet 
all the requirements for approval of a Tribal program, EPA will work 
with the Tribe 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 Cherokee Nation.
    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 Cherokee 
Nation'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 Cherokee Nation's proposed program has 
been provided by the applicant:
    On November 19, 1999, the Cherokee Nation applied to EPA for 
authorization to administer and enforce a Tribal Lead-Based Paint 
Program. The Cherokee Nation originally enacted on January 26, 1998, 
the Cherokee Nation Lead-Based Paint Management Act. L-98, 63 CNCA. 
Article 12, 1201, Section 601 et seq. (hereinafter known as the Act) 
This tribal statute designates the Department of Environmental 
Protection as the official Cherokee Nation agency for implementing the 
lead-based paint reduction and regulation program. This statute 
instructs the Department of Environmental Protection through the 
Cherokee Nation Environmental Protection Act to promulgate rules 
governing lead-based paint services, including lead-based paint 
contractor certification and accreditation of approved training 
providers and programs.
    In addition to authority under the Cherokee Nation Environmental 
Code, the Act provides Cherokee Nation Environmental Protection with 
the power and duty to enforce the Act, rules, certification and 
accreditations. The Act authorizes the Cherokee Nation Department of 
Environmental Protection to issue, refuse to issue, renew, reactivate, 
reinstate, modify, suspend, or revoke certifications and 
accreditations.
    The Cherokee Nation Lead-Based Paint Management Rules were 
promulgated on August 30, 1998. In general, 40 CFR part 745, subpart L 
and Oklahoma Administrative Code 252:110 were incorporated by reference 
when possible. The items not incorporated by reference are those that 
are otherwise mandated by the Act. Items pertaining to dates and 
deadlines were not incorporated by reference since the legislation 
provides those.
    The scope of the Cherokee Nation Rules applies to all individuals 
and firms engaged in lead-based paint services in target housing and 
child-occupied facilities. It contains procedures and requirements for 
the accreditation of lead-based paint services training programs, 
procedures and requirements for the certification of individual and 
firms engaged in Lead-Based Paint services, and work practice standards 
for performing such services.
    Accreditation is only available to educational institutions and 
government agencies offering ongoing and continuous lead-based paint 
training programs. Accreditation is available for both initial and 
refresher courses for inspector, risk assessor, supervisor, project 
designer and abatement worker. It is not available to training programs 
offering courses on a one time-only basis or for a period of less than 
12 months. As an effort to maintain quality training, accreditation is 
not available for refresher courses only. If a training program wishes 
to receive accreditation for a refresher course, it must receive 
accreditation for the initial training course as well. The Cherokee 
Nation Lead Rules outline the accreditation timelines and the fees for 
initial and renewal accreditation. Renewal must be done on an annual 
basis.
    Certification is required for all individuals and firms who perform 
or offer to perform Lead-Based Paint services in target housing and 
child-occupied facilities in the Cherokee Nation. Certification is 
available for inspector, risk assessor, supervisor, project designer, 
abatement worker, and firm. Only the Oklahoma Department of 
Environmental Quality (ODEQ)

[[Page 3962]]

accredited LBP training will be accepted for certification in the 
Cherokee Nation. Chapter 110 of ODEQ rules outlines the certification 
timelines and the fees for initial and renewal certification in the 
Cherokee Nation. Renewal must be done on an annual basis. All initial 
applicants for inspector, risk assessor, and supervisor in the Cherokee 
Nation must successfully complete the DEQ certification. All renewal 
applicants for inspector, risk assessor, and supervisor in the Cherokee 
Nation must complete the DEQ certification exam every third year.
    The Cherokee Nation Lead Rules incorporate by reference the work 
practice standards from 40 CFR 745.227. These work practice standards 
must be followed when performing all lead-based paint activities. Work 
practice standards are outlined for inspection, lead hazard screen, 
risk assessment, abatement, collection and laboratory analysis of 
samples, composite dust sampling, and recordkeeping.
    As required by 40 CFR 745.327, the Cherokee Nation will establish a 
Memorandum of Agreement with the Region VI, Regional Administrator. The 
Memorandum of Agreement will include provisions for the timely and 
appropriate referral to the Region VI, Regional Administrator for those 
criminal enforcement matters where the Cherokee Nation does not have 
the authority. The Agreement will also identify any enforcement 
agreements that may exist between the Cherokee Nation and any State.

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: January 6, 2000.
Carl E. Edlund,
Director, Multi-Media Planning & Permitting Division, Region VI.
[FR Doc. 00-1739 Filed 1-24-00; 8:45 am]
BILLING CODE 6560-50-F