[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Pages 8704-8706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4050]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-CA; FRL-6045-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On November 4, 1999, the State of California submitted a 
complete application 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) for EPA 
approval. This notice announces the receipt of the State of 
California's complete application, provides a 45-day public comment 
period, and an opportunity to request a public hearing on the 
application. In its initial submittal of its application, dated 
September 28, 1998, the State of California certified 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 September 28, 1998. 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.

DATES: Comments, identified by docket control number PB-402404-CA, must 
be received on or before April 7, 2000. Public hearing requests must be 
submitted on or before April 7, 2000.

ADDRESSES: Comments and public hearing requests 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-CA in the 
subject line of the first page of your response.

FOR FURTHER INFORMATION CONTACT: Patricia Norton, Lead Coordinator, 
Environmental Protection Agency, Region IX, 75 Hawthorne St., CMD4-2, 
San Francisco, CA 94105; telephone number: (415) 744-1069; 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, but may be of 
particular interest to firms and individuals engaged in lead-based 
paint activities in the State of California. 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.''

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. Copies of this notice and the State of California's 
authorization application are available for inspection at the EPA 
Region IX Library, Environmental Protection Agency, 75 Hawthorne St., 
CMD4-2, San Francisco, CA. If you need assistance, please consult the 
person listed under FOR FURTHER INFORMATION.

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

    You may submit comments and public hearing requests by mail, in 
person, or electronically. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number PB-402404-CA in the 
subject line of the first page of your response.
    1. By mail. Submit your comments and public hearing requests to: 
Patricia Norton, Lead Coordinator, Environmental Protection Agency, 
Region IX, 75 Hawthorne St., CMD4-2, San Francisco, CA 94105.
    2. In person or by courier. Deliver your comments and public 
hearing requests to: Patricia Norton, Lead Coordinator, Environmental 
Protection Agency, Region IX, 75 Hawthorne St., CMD4-2, San Francisco, 
CA. The telephone number is (415) 744-1093. The regional office is open 
from 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays.
    3. Electronically. You may submit your comments and public 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 Confidential 
Business Information (CBI). Electronic comments and public hearing 
requests must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data and public 
hearing requests will also be accepted on standard disks in WordPerfect 
6.1/8.0 or ASCII file format. All comments and public hearing requests 
in electronic form must be identified by docket control number PB-
402404-CA. Electronic comments and public hearing requests may also be 
filed online at many Federal Depository Libraries.

[[Page 8705]]

D. How Should I Handle Confidential Business 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 notice as CBI by marking any part or all of the information 
submitted 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 listed under FOR 
FURTHER INFORMATION.

II. Background

A. What Action Is the Agency Taking?

    The State of California initially submitted its application for EPA 
approval of its lead-based paint training and certification program on 
September 22, 1998. On November 4, 1999, the State of California 
submitted an amended application for EPA approval of its lead-based 
paint training and certification program. EPA has found that the 
application includes a transmittal letter from the Governor requesting 
program approval; a summary of the State program; a detailed 
description and analysis of the State program which addresses specified 
elements; an Attorney General's Statement certifying the adequacy of 
the State's legal authority to administer and enforce the program and 
citing the specific statutes and regulations providing this authority; 
and copies of all state regulations, standards and other materials that 
provide the State with the authority to administer and enforce a lead-
based paint program. Thus, the State of California's application has 
been deemed by EPA to be complete as of November 4, 1999, the date of 
the submission of its amended application pursuant to 40 CFR part 745, 
subpart Q.
    In its initial application submission on September 28, 1998, the 
State of California provided to EPA a certification letter signed by 
the Governor, and a certification statement from the Office of the 
Attorney General, stating that its lead-based paint training and 
certification program meets the requirements for authorization of a 
State program under section 404(b) of TSCA. Therefore, pursuant to 
section 404 of TSCA, the program is deemed authorized as of that date 
(September 28, 1998). 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 must 
provide 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 State of 
California's application meets the requirements for EPA approval. This 
notice also provides an opportunity to request a public hearing on the 
application. If a public 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 (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 these activities are 
certified and follow documented work practice standards. Under section 
404 of TSCA, (15 U.S.C. 2684), 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 (15 U.S.C. 2684(h)), 
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 (15 U.S.C. 
2684(a)). This authorization becomes ineffective, however, if EPA 
disapproves the application.

III. State Program Description Summary

    The State of California provided the following summary of its 
proposed program:
    In 1993, the Training and Certification Program for Lead-Based 
Paint Activities was established within the California Department of 
Health Services, Childhood Lead Poisoning Prevention Branch 
(Department). Section 105250 of the California Health and Safety Code 
specifies:

    ``A program is hereby established within the Department [Health 
Services] to meet the requirements of the Residential Lead-Based 
Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and 
following) and Title X of the Housing and Community Development Act 
of 1992 (Pub. L. 102-550). The Department shall implement and 
administer the program. The Department shall have powers and 
authority consistent with the intent of, and shall promulgate 
regulations to establish the program as an authorized state program 
pursuant to, Title IV, Section 402 to 404, inclusive of the Toxic 
Substances Control Act (15 U.S.C. Sec. 2601 and following).''

    The elements needed to become an authorized state program are 
specified

[[Page 8706]]

in Federal Regulations (Final Rule) ``Lead; requirements for lead-based 
paint activities in target housing and child-occupied facilities'' (40 
CFR part 745). The final rule establishes standards for:
    1. Accreditation of training programs
    2. Certification of individuals
    3. Work practice standards for conducting abatement and lead hazard 
evaluation. These regulations also establish the process and 
requirements that a state must meet in order to become an authorized 
program.
    In order to establish the regulatory framework required to become 
an authorized state program, the Department promulgated regulations 
(Title 17, California Code of Regulations, Division 1, Chapter 8) in 
July of 1994, establishing requirements for the accreditation of lead-
related construction training providers and the interim certification 
of individuals engaged in lead-related construction work. The 
Department subsequently amended Chapter 8 to include work practice 
standards for the evaluation and abatement of lead hazards. These 
regulations provide the regulatory authority to administer and enforce 
the Training and Certification Program for Lead-Based Paint Activities.

IV. Federal Overfiling

    TSCA section 404(b) (15 U.S.C. 2684(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.

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: February 4, 2000.
Enrique Manzanilla,
Acting Regional Administrator, Region IX.
[FR Doc. 00-4050 Filed 2-18-00; 8:45 a.m.]
BILLING CODE 6560-50-F