[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Notices]
[Pages 48498-48501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20019]


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

ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-IN; FRL-6593-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On April 12, 2000, the State of Indiana 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 Indiana's application, provides a 45-day 
public comment period, and provides an opportunity to request a public 
hearing on the application. Indiana 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 Indiana.

DATES: Comments, identified by docket control number PB-402404-IN, must 
be received on or before September 22, 2000. In addition, a public 
hearing request may be submitted on or before September 22, 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-IN in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Ludmilla Koralewska, State of Indiana 
Project Officer, Pesticides and Toxics Branch, (DT-8J), U.S. 
Environmental Protection Agency, Region V, 77 West Jackson Blvd., 
Chicago, IL 60604; telephone: (312) 886-3577; 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 Indiana. 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-IN. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of Indiana'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 U.S. EPA Region 
V Office, U.S. Environmental Protection Agency, Waste, Pesticides and 
Toxics Division, Pesticides and Toxics Branch, Toxics Program Section, 
(DT-8J), 77 West Jackson Blvd., 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-IN 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,

[[Page 48499]]

Pesticides and Toxics Branch, (DT-8J), 77 West Jackson Blvd., Chicago, 
IL 60604.
    2. In person or by courier. Deliver your comments and hearing 
requests to: U.S. Environmental Protection Agency, Waste, Pesticides 
and Toxics Division, Pesticides and Toxics Branch, (DT-8J), 77 West 
Jackson Blvd, 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-IN. 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 Indiana 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 Indiana 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., April 12, 2000). 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 Indiana 
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. 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 Indiana's proposed program 
has been provided by the applicant.
    Under Indiana Statute IC 13-17-14-5, the Indiana Department of 
Environmental Management (Department), was designated the State agency 
to develop and administer a lead-based paint licensing program and 
training course approval program for the State of Indiana. The purpose 
of the program is to ensure that a person conducting lead-based paint 
activities in target housing, child-occupied facilities, and any other 
type of building does so in a manner that safeguards the environment 
and protects the health of the building's occupants, especially 
children who are not more than 6 years of age. The Department is 
granted all powers necessary to fulfill the duties as prescribed in 
Indiana Statutes and to bring any and all enforcement actions as 
necessary, including but not limited to civil and criminal actions.
    326 IAC 23, Indiana Administrative Code, has been promulgated by 
IDEM

[[Page 48500]]

under the authority of IC 13-17-14-5, Indiana Statute, to ensure that 
persons who perform lead-based paint activities do so safely to prevent 
exposure of building occupants to hazardous levels of lead. This is 
accomplished by requiring that before a person performs, supervises, or 
offers to perform or supervise a lead-based paint activity involving 
target housing (built before 1978) or a child-occupied facility or the 
real property on which the target housing or child-occupied facility 
stands, the person shall be licensed by the Department.
    Both lead contractors and individual lead professionals must be 
licensed to perform any of the following lead-based paint activities: 
Inspection, risk assessment, project design, supervision or conducting 
work on a lead-based paint project. These rules do not apply to the 
following: A person conducting an inspection under the authority of IC 
22-8-1.1 (the Indiana Occupational, Safety, and Health Act) or a person 
who performs lead-based paint activities within a residential dwelling 
that the person owns, unless the residential dwelling is occupied by a 
person, other than the owner or owner's immediate family while these 
activities are being performed, or a child who is 6 years of age or 
younger and resides in the building and has been identified as having 
an elevated blood lead level.
    Licensing of individuals is offered in the following disciplines: 
Lead inspector, risk assessor, project designer, supervisor, worker, 
and contractor. To be licensed, an individual must meet the discipline, 
education and experience requirements, successfully complete an 
Indiana-approved lead-based paint training course in the discipline in 
which they are seeking licensure, and in the case of lead inspectors, 
risk assessors, and supervisors, to pass the appropriate third party 
exams administered by the Department.
    Check-lists are used by the Department in the review process of 
both individual and contractor licenses. In addition to the above 
licensing requirements, to be licensed as a contractor:
    1. A company shall not allow an agent or employee of the contractor 
to exercise control over a lead-based paint activities project, come 
into contact with lead-based paint in connection with lead-based paint 
activities, or engage in lead-based paint activities unless the agent 
or employee is licensed under 326 IAC 23.
    2. The contractor and all of its agents and employees shall, when 
performing lead-based paint activities projects, comply with all work 
practice standards as found in 326 IAC 23-4 using documented 
methodologies as specified in 326 IAC 23-4 and Indiana's Nonrule 
Policy.
    3. Require that at least one licensed lead-based paint project 
supervisor is responsible for direct supervision of workers in the work 
area of the project and that workers have access to the supervisors 
throughout the duration of the project.
    4. The contractor shall ensure that the current lead-based paint 
licenses of all supervisors and workers are kept on the job site during 
all lead-based paint activities. Furthermore, the contractor shall 
ensure that all lead-based paint activities records are kept in 
accordance with the manner prescribed in 326 IAC 23.
    The Department does not address multi-dwelling clearance testing 
specifically. The Department instead addresses clearance testing for 
all projects, regardless of multi-dwelling or single dwelling status as 
outlined in 326 IAC 23-4-10.
    The Department approves training courses which prepare individuals 
for licensure for the following disciplines: Inspector, risk assessor, 
project designer, supervisor, and worker. No person may offer, 
advertise, claim to provide, or conduct a lead training course that is 
represented as qualifying a person for licensure unless the course has 
received approval from the Department. Applicants for training course 
approval must meet all requirements as outlined in 326 IAC 23-3 
(Indiana's Rule of Lead-Based Paint Training Courses and Instructors). 
Approval requires, but is not limited to the following: approval of 
principal instructors, use of only approved instructors, ownership by 
or employment of an approved training manager, approval of all course 
materials/curriculums, and development and implementation of 
recordkeeping requirements. The Department further requires that the 
training manager submits a letter to the Department that indicates that 
the course meets the applicable requirements of the rule (326 IAC 23-3-
2(1)(e)). As a part of this, the training manager must ensure that only 
qualified instructors and training managers are used as outlined in 326 
IAC 23-3-8. The training provider must also submit an application for 
each course approval it is seeking. This application requires a signed 
certification that there is no misrepresentations in, or falsifications 
of, information submitted in the application or addenda and further 
certifies that the course will meet all Federal, State and local 
regulations including 40 CFR part 745. This ensures that the course 
meets the requirements in both the Federal and State rules and that 
training managers and instructors meet the minimum requirements as 
outlined. 326 IAC 23-3-6 requires that the training managers allow the 
Department to audit the training course to verify compliance with the 
lead-based paint rules. During the desk reviews (for contingent 
approval) and course audits (for full approval), the Department will 
use check-lists to determine the training course provider eligibility 
for approval.

Enforcement Capabilities

    Indiana Administrative Code 13-30 empowers the State of Indiana or 
its designated representative to bring an action for declaratory and 
equitable relief in the name of the State of Indiana for the protection 
of the environment of Indiana from significant pollution, impairment, 
or destruction. In addition, the Indiana audit law, amended in May 
1999, presents no barrier to the authorization, approval, and/or 
delegation of the lead-based paint program.
    The Department has the right, under 326 IAC 23-2-7, to deny an 
application for an individual or contractor license, to reprimand a 
license (issuance of warning letters), or to suspend or revoke a 
license for any reason as so outlined in this provision. The Department 
did not include modification within the licensing portion of its rule. 
Unlike the EPA, the Department does not modify licenses. Under 326 IAC 
23-3-9, the Department may suspend, revoke, or modify training course 
provider approval. The Department does allow modification for training 
course providers, since a training provider may from time to time sell 
its business (transfer of ownership), change its name or have changes 
in its training managers, instructors, and so on. This allows the 
Department the capability to make any necessary modifications to the 
training course approval.

Staff Training

    The Department will ensure that all lead-based paint staff 
(including inspectors, licensing and training provider staff, and 
enforcement staff) are trained at EPA-authorized lead-based paint 
training courses. In addition, the Department will ensure that all 
staff receive the necessary training in computer use, enforcement 
procedures, and standards for inspections. Staff will be updated and 
trained accordingly, as to any changes in Federal, State, and local 
regulations pertaining to lead-based paint activities.

[[Page 48501]]

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 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: July 20, 2000.
Francis X. Lyons,
Regional Administrator, Region V.
[FR Doc. 00-20019 Filed 8-7-00; 8:45 am]
BILLING CODE 6560-50-F