[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Notices]
[Pages 21178-21181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9927]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-MI; FRL-6494-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On November 1, 1999, the State of Michigan 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 Michigan's application, provides a 45-day 
public comment period, and provides an opportunity to request a public 
hearing on the application. The State of Michigan has provided a 
certification

[[Page 21179]]

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 the State of Michigan.

DATES: Comments, identified by docket control number PB-402404-MI, must 
be received on or before June 5, 2000. In addition, a public hearing 
request may be submitted on or before June 5, 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-MI in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: David Turpin, Regional Lead 
Coordinator, Environmental Protection Agency, Region V, Pesticides and 
Toxics Branch, 77 West Jackson Boulevard (DT-8J), Chicago, IL 60604; 
telephone: (312) 886-7836; 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 State of Michigan. 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-MI. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of Michigan'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, Pesticides and Toxics Branch, 
8th Floor, 77 West Jackson Boulevard, Chicago, IL 60604.

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-MI 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, Pesticides and Toxics 
Branch, 77 West Jackson Boulevard (DT-8J), Chicago, IL 60604.
    2. In person or by courier. Deliver your comments and hearing 
requests to: Environmental Protection Agency, Pesticides and Toxics 
Branch, 8th Floor, 77 West Jackson Boulevard, Chicago, IL 60604. 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-MI. 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 Michigan 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 State of Michigan's 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., November 1, 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

[[Page 21180]]

the State of Michigan'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 State of Michigan's proposed program 
has been provided by the applicant. Michigan Public Health Code, Act 
No. 368 of the Public Acts of 1978 assigns to the Michigan Department 
of Community Health (MDCH), among other responsibilities, the 
continuous and diligent endeavor to prevent disease, prolong life, and 
promote the public health through organized programs, including 
prevention and control of environmental health hazards; prevention and 
control of diseases; prevention and control of health problems of 
particularly vulnerable population groups. In carrying out its 
responsibility, the department shall:
    1. Have general supervision of the interests of the health and life 
of the people of the state.
    2. Implement and enforce laws for which responsibility is vested in 
the Department.
    3. Make investigations and inquiries as to the causes, prevention 
and control of environmental health hazards, nuisances and sources of 
illness.
    The Department may exercise authority and promulgate rules to 
properly safeguard the public health; to prevent the spread of diseases 
and the existence of sources of contamination; and to implement and 
carry out the powers of and duties vested by law in the Department. To 
assure compliance with laws enforced by the Department, the Department 
may inspect, investigate, or authorize inspections and investigations 
to be made.
    The Lead Abatement Act, Public Acts 219 and 220 of 1998 enacted 
legislation to address lead-based paint hazards. The Michigan 
Department of Community Health, Community Public Health 
Administration's Lead Hazard Remediation Program (LHRP), is the 
recognized agency for the administration of the lead hazard control 
regulations. These regulations ensure that persons engaged in lead-
based paint activities perform them in a safe manner to prevent 
exposure of building occupants to lead hazards. Individuals conducting 
lead-based paint inspections, risk assessments and abatements in target 
housing and child-occupied facilities are required to be properly 
trained and certified.
    Michigan lead hazard remediation regulations also require the 
accreditation of training providers, establish a lead poisoning 
education and prevention program, establish work practice standards for 
lead-based paint activities, define rights and duties of regulated 
persons, and prescribe enforcement actions and noncompliance remedies.
    All persons providing training in lead-based paint identification 
and abatement must be accredited. Accreditation of the training program 
is contingent upon the training program employing a training manager 
who meets the qualifications set forth in the promulgated rules. 
Training courses must include designated curricula for respective 
disciplines, and maintenance of records.
    Lead professionals such as inspectors, risk assessors, supervisors 
and abatement workers must be certified. Individuals seeking 
certification or re-certification shall successfully complete an 
accredited training course in the appropriate discipline, pass a third 
party certification examination within 6 months of course completion, 
and meet the appropriate experience and education requirements for each 
discipline.
    Work practice standards for conducting lead-based paint activities 
such as an inspection, lead-hazard screen, risk assessment or abatement 
have been established by statute and promulgated rules. These 
activities may only be performed by certified individuals in accordance 
with documented methodologies.
    Authority for enforcement actions is established for the Michigan 
Department of Community Health under sections 5466(1), 5475(2) and 
5476(2) of the Lead Abatement Act of 1998, being sections 333.5466, 
333.5475, and 333.5476 of the Michigan Compiled Laws, and Rule 
325.9925.

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

[[Page 21181]]

comply with, any requirement of an authorized State or Tribal program.

V. Submission to Congress and the Comptroller General

    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: March 20, 2000.
Norman Niedergang,
Acting Regional Administrator, Region V.
[FR Doc. 00-9927 Filed 4-19-00; 8:45 am]
BILLING CODE 6560-50-F