[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Notices]
[Pages 50695-50697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21199]



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ENVIRONMENTAL PROTECTION AGENCY

[PB-404406-KS; FRL-6738-7]


Hazard Education Before Renovation of Target Housing; State of 
Kansas Authorization Application

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; request for comments and opportunity for public 
hearing.

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SUMMARY:  On June 28, 2000, the State of Kansas submitted an 
application for EPA approval to administer and enforce requirements for 
hazard education before renovation of target housing and child-occupied 
facilities under section 406 of the Toxic Substances Control Act 
(TSCA). This notice announces the receipt of the State of Kansas 
application, provides a 45-day public comment period, and provides an 
opportunity to request a public hearing on the application. Kansas has 
provided self-certification of a lead program meeting the requirements 
for approval under section 404 of TSCA. Therefore, pursuant to section 
404 of TSCA, the State program is deemed authorized as of the date of 
submission. 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-404406-KS, 
must be received on or before October 5, 2000. In addition, a public 
hearing request may be submitted on or before August 28, 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-404406-KS in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  Mazzie Talley, Lead Coordinator, 
Radiation, Asbestos, Lead and Indoor Programs Branch, Air, RCRA and 
Toxics Division, Environmental Protection Agency, 901 North 5th St., 
Kansas City, KS 66101; telephone number: (913) 551-7518; 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 renovation 
and remodeling activities of pre-1978 housing in the State of Kansas. 
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?

    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,'' 
``Regulations and Proposed Rules,'' 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/.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number PB-404406-KS in the subject line on 
the first page of your response.
    1. By mail. Submit your comments and hearing requests to: Mazzie 
Talley, Lead Coordinator, Radiation, Asbestos, Lead and Indoor Programs 
Branch, Air, RCRA and Toxics Division, Environmental Protection Agency, 
901 North 5th St., Kansas City, KS 66101.
    2. In person or by courier. Deliver your comments and hearing 
requests to: Radiation, Asbestos, Lead and Indoor Programs Branch, Air, 
RCRA and Toxics Division, Region VII, Environmental Protection Agency, 
901 North 5th St., Kansas City, KS 66101. The regional office is open 
from 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. 
The telephone number for the regional office is (913) 551-7020.
    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 Confidential 
Business Information (CBI). Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number PB-404406-KS. 
Electronic comments 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 technical person identified under FOR FURTHER 
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the

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name, date, and Federal Register citation.

II. Background

A. What Action is the Agency Taking?

    The State of Kansas has provided a self-certification letter 
stating that its pre-renovation notification program meets the 
requirements for authorization of a State program under section 404 of 
TSCA and has requested approval of the Kansas pre-renovation 
notification program. Therefore, pursuant to section 404 of TSCA, the 
program is deemed authorized as of the date of submission (i.e., June 
28, 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 State of 
Kansas 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 (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.
    In the Federal Register of 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 and/or pre-renovation notification 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 or withdraws the program authorization.

III. State Program Description Summary

    The following summary of the State of Kansas proposed pre-
renovation education program has been provided by the applicant.
    The Kansas Department of Health and Environment, Lead Poisoning 
Prevention Program certifies lead professionals, accredits the required 
training programs, licenses lead activity firms, and enforces the work 
practice standards for conducting lead-based paint activities, 
abatement projects and remodeling and renovation education. The 
department operates under the authority of Kansas Statutes Annotated 
65-1, 201 to 65-1, 214. Together, these functions fulfill the 
requirements for an EPA approved State program and ensure the quality 
of lead abatement, lead-based paint activities and pre-renovation 
education conducted in Kansas.
    The pre-renovation education rule is a State regulation affecting 
construction contractors, property managers, and others who perform 
renovations for compensation in residential housing that may contain 
lead-based paint. It applies to residential houses and apartments built 
before 1978. It requires distribution of the lead pamphlet, Protect 
Your Family from Lead in Your Home, to the owners and occupants before 
starting renovation work. Renovation includes most repair, remodeling, 
and maintenance activities that disturb painted surfaces. Exceptions to 
the rule are made for emergency repairs, lead abatement projects, minor 
repairs, and work in zero-bedroom dwellings and housing for the 
elderly.
    The Lead Poisoning Prevention Program staffing consists of the 
following: Barry Brooks, Director, Public Service Executive; Sue 
Bowden, Nurse Consultant, Public Health Nurse; Thomas Morey, 
Environment Consultant; Craig Pearman, Licensing Technician; and Maria 
Albert and Elizabeth Sullivan, Interns.

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

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action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation 
notification, Reporting and record keeping requirements.


    Dated: August 10, 2000.
Dennis D. Grams,
Administrator, Region VII.
[FR Doc. 00-21199 Filed 8-18-00; 8:45 am]
BILLING CODE 6560-50-S