[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Notices]
[Pages 51042-51044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25045]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-TN; FRL-6795-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On January 17, 2001, the State of Tennessee 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 State of Tennessee application, provides a 
45-day public comment period, and provides an opportunity to request a 
public hearing on the application. Tennessee has provided self-
certification of a lead program meeting the requirements for approval 
under section 404 of TSCA. Therefore, pursuant to section 404, the 
State program is deemed authorized as of the date of submission. If EPA 
subsequently finds that the program does not meet 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 the Federal program will be implemented in the 
State.

DATES: Comments and public hearing requests, identified by docket 
control number PB-402404-TN, must be received on or before November 19, 
2001.

ADDRESSES: Comments 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-TN in the subject line on the first page of your 
response.

[[Page 51043]]


FOR FURTHER INFORMATION CONTACT: Rose Anne Rudd, Pesticides and Toxic 
Substances Branch; Air, Pesticides and Toxics Management Division, 
Environmental Protection Agency, Region IV, Sam Nunn Atlanta Federal 
Center, 61 Forsyth St., SW., Atlanta, GA 30303; telephone number: (404) 
562-8998; 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 to firms and individuals engaged in lead-
based paint activities in the State of Tennessee. 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,'' ``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/.-
    2. In person. The Agency has established an official record for 
this action under docket control number PB-402404-TN. The official 
record consists of the documents specifically referenced in this 
action, 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 p.m., Monday through Friday, excluding 
legal holidays. The docket is located at the regional office library, 
Sam Nunn Atlanta Federal Center, 9\th\ Floor Tower, 61 Forsyth St., 
SW., Atlanta, GA. The telephone number for the library is (404) 562-
8190.

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-402404-TN in the subject line on 
the first page of your response. -
    1. By mail. Submit your comments and hearing requests to: Rose Anne 
Rudd, Pesticides and Toxic Substances Branch, Air, Pesticides and 
Toxics Management Division, Environmental Protection Agency, Sam Nunn 
Atlanta Federal Center, 61 Forsyth St., SW., Atlanta, GA 30303.-
    2. In person or by courier. Deliver your comments and hearing 
requests to: Pesticides and Toxic Substances Branch, Air, Pesticides 
and Toxics Management Division, Region IV, Environmental Protection 
Agency, Sam Nunn Atlanta Federal Center, 61 Forsyth St., SW., Atlanta, 
GA 30303. 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 (404) 562-8956.-
    3. Electronically. You may submit your comments 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 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-402404-TN. 
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 person listed under FOR FURTHER INFORMATION CONTACT.

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

    We invite you to provide your views on the various options we 
propose, new approaches we have not considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like the Agency to consider 
during the development of the final action. 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 name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?-

    The State of Tennessee has provided a self-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 Tennessee lead-
based paint training and certification program. Therefore, pursuant to 
section 404, the program is deemed authorized as of the date of 
submission (i.e., January 17, 2001). If EPA subsequently finds that the 
program does not meet all the requirements for approval of a State

[[Page 51044]]

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 
Tennessee 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 (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 issue 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. 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 or withdraws the program authorization.

III. State Program Description Summary-

    The following summary of Tennessee's proposed program has been 
provided by the applicant. In 1997 the Tennessee State Legislature 
enacted the Tennessee Lead-Based Paint Abatement Certification Act, 
Tennessee Code Annotated (T.C.A.) Section 68-131-401, et seq., as 
amended. This statute designated the Tennessee Department of 
Environment and Conservation, Division of Solid Waste Management to 
establish a certification program for lead abatement professionals. -
    The program requires certification of individuals and firms 
involved in lead-based paint activities, accreditation of training 
providers, and standards for the safe removal of lead-based paint. The 
State lead-based paint program regulations are applicable to all 
individuals and firms engaged in lead-based paint activities in target 
housing and child-occupied facilities. Persons who perform lead-based 
paint abatement activities within residential dwellings that they own 
and live in are exempt. -
    The State program provides for the enforcement of the training, 
certification, and accreditation requirements of the program and the 
safe removal of lead-based paint. The program provides for compliance 
with the standards set forth in regulations to protect public health 
and the environment. Notifications of lead-based paint projects must be 
submitted to the State at least 15-days prior to the commencement of a 
project. The State program monitors compliance in part by conducting 
unannounced inspections of lead-based paint activities.

IV. 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: September 26, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.

[FR Doc. 01-25045 Filed 10-4-01; 8:45 am]
BILLING CODE 6560-50-S