[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Notices]
[Pages 1465-1469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-698]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-IL; FRL-6815-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On October 12, 2001, the State of Illinois submitted an 
application for EPA final 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. This notice announces 
the receipt of Illinois' application, provides a 45-day public comment 
period, and provides an opportunity to request a public hearing on the 
application. Illinois 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

[[Page 1466]]

time a notice will be issued in the Federal Register and the federal 
program will take effect in Illinois.

DATES: Comments, identified by docket control number PB-402404-IL, must 
be received on or before February 25, 2002. In addition, a public 
hearing request may be submitted on or before February 25, 2002.

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-IL in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Larisa Leonova, State of Illinois 
Project Officer, Pesticides and Toxics Branch (DT-8J), Environmental 
Protection Agency, Region V, 77 West Jackson Blvd., Chicago, IL 60604; 
telephone: (312) 353-5838; 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 Illinois. 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 Federal 
Register notice 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-IL. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of Illinois'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, 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-IL 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, 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: 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 file format. All comments and 
hearing requests in electronic form must be identified by docket 
control number PB-402404-IL. 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 FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    The State of Illinois has provided a certification letter stating 
that its lead-based paint training and certification self-certified 
program meets the requirements for authorization of a State program 
under section 404 of TSCA and has requested final approval of the 
Illinois 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., October 12, 2001). 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 Illinois 
application meets the requirements for EPA approval. This notice also 
provides an opportunity to request a public hearing on the

[[Page 1467]]

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), titled ``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 Illinois proposed program has 
been provided by the applicant.
    EPA issued correspondence to the Illinois Department of Public 
Health (``the Department'') dated May 6, 1999, which granted a 3-year 
interim approval of the Illinois Lead Poisoning Prevention Program. The 
interim approval authorized the Department to enforce the Illinois Lead 
Poisoning Prevention Act (LPPA), 410 ILCS 45, and Lead Poisoning 
Prevention Code (LPPC), 77 Ill Adm. Code 845, in lieu of the Federal 
program. The effective date of the interim approval was April 16, 1999 
(published by EPA in the Federal Register of February 29, 2000 (65 FR 
10787) (FRL-6399-4). As a condition of the interim approval, the 
Department was required to submit a request for full (final) approval 
of the Illinois Program at least 180 days prior to the expiration of 
the 3-year interim approval.
    Illinois is hereby applying for final approval and authorization to 
enforce its Lead Poisoning Prevention Program (LPPA). The Department 
provided amended copies of the LPPA, and Lead Poisoning Prevention Act 
Code (LPPC), and the Program Policies that govern the administration of 
the program. Copies of the correspondence from the Illinois Attorney 
General's office indicating the inapplicability of the Illinois 
Environmental Audit Privilege Law to the Illinois Lead Poisoning 
Prevention Act and the U.S. EPA response accepting the opinion offered 
by the Illinois Attorney General's office were also included with this 
application. These materials resolve the only remaining issue dealing 
with the applicability of the Illinois Environmental Audit Privilege 
Law to the enforcement of the LPPA and LPPC. Some materials submitted 
with the original application have been updated and revised and are 
submitted with this application. They are described below and will 
augment parts of the Department's original application for 
authorization.

Illinois Lead Abatement Program

    The Department implements the LPPA and Code in order to carry out 
lead abatement programs that are designed to diminish the incidence of 
lead intoxication. The primary goal of the Department's Lead Abatement 
Program is to protect the public's health, safety and environment by 
identifying lead-bearing substances which may be the source of exposure 
to lead in children and to ensure that lead hazards are managed, 
mitigated or abated through the administration and enforcement of the 
LPPA and the LPPC, promulgated pursuant to the LPPA. The LPPA and LPPC, 
originally passed in 1973, were last amended in August 2001. This 
enabled the Department to pursue expanded enforcement for violations of 
the LPPA and LPPC, including administrative fines against licensed 
professionals and firms for violations of the LPPA and LPPC.
    Individuals seeking licensure by the State of Illinois in the 
abatement industry as a worker, supervisor, inspector and risk assessor 
must first make application to the Department. The application requires 
proof the individual has successfully completed an appropriate lead 
training course. The course and the course provider chosen by the 
applicant must be one that is approved by the Department and provides 
training comparable to 40 CFR 745.225 as provided in section 845.28 of 
the LPPC. All lead licenses expire annually. Application for renewal 
includes the successful completion of an approved refresher course that 
is specific to the lead field of interest every 3 years. Individuals or 
firms can also apply for a lead contractor's license. This requires 
proof that the applicant holds a certificate of financial 
responsibility in the form of liability insurance that specifically 
covers lead work. The applicant has a written standard operation 
procedure that includes medical monitoring and a respirator protection 
program as specified in the Occupational Safety and Health 
Administration (OSHA) regulations; (incorporated by reference in 
section 845.12 of the LPPC), the applicant provides a detailed 
description of all legal proceedings or claims filed against them 
concerning any lead mitigation or lead abatement activities; the 
applicant signs a statement that only licensed lead workers and lead 
supervisors will be used to conduct lead mitigation and lead abatement 
activities; and, that the applicant agrees to notify the Department 
before beginning any lead mitigation or lead abatement project.

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 Although the contractor applicant is not required to successfully 
complete a lead abatement training course, the applicant needs to 
employ a licensed lead supervisor and must assure that all lead 
abatement workers will have a valid Illinois lead worker license and 
that a licensed lead supervisor will oversee the project and be on-site 
during lead mitigation or lead abatement activities. A contractor's 
license must be renewed annually. Reciprocal requests for any lead 
license may be submitted for review and will be considered on a case 
by-case-basis. If, upon review of the applicant's application, it is 
determined that the licensing state's lead program is at least as 
protective as the Illinois program, the Department will issue an 
appropriate license. Lists of all people conducting lead activities are 
maintained by the Department and are available to the public upon 
request.
    Training course providers seeking approval from the State of 
Illinois for initial and refresher courses for lead worker, lead 
supervisor, lead inspector and lead risk assessor disciplines must 
first make application to the Department. The application packet 
includes a checklist of materials submitted along with other 
requirements that must be satisfied before approval can be granted. All 
approvals are renewed annually. Audits of courses are completed by 
Department staff and the training course provider is notified as to the 
results of the audit, the deficiencies observed, and whether the course 
was determined to be satisfactory or not satisfactory. Training courses 
found not to be satisfactory are issued a notice to correct the 
deficiencies together with a written explanation of the items that the 
Department expects the provider to correct before the next training 
course is scheduled. A list of approved training course providers is 
maintained by the Department and is made available to the public upon 
request. Illinois does not require the certification and licensure of 
the project designer discipline at this time. However, additional 
requirements have been established to prepare licensed lead supervisors 
for large-scale lead abatement projects as cited in 40 CFR 
745.225(d)(4). The Department has statutory authority to adopt rules 
for lead-based paint activities in public and commercial buildings. 
Where EPA provides guidance under 40 CFR 745.230, the Department will 
establish rules which will govern such activities as necessary to 
maintain authorization.
    Work practice standards are established in the Illinois LPPC and in 
the policies and procedures of the Department. The Department has 
incorporated in section 845.12 of the LPPC, the U.S. Department of 
Housing and Urban Development (HUD) Guidelines for the Evaluation and 
Control of Lead-Based Paint Hazards in Housing (1995 and 1997) to 
enhance the work and performance standards throughout the LPPC. All 
inspections and risk assessments are completed by individuals holding 
an appropriate inspector or risk assessor license issued by the 
Department. Inspections and risk assessments are to be performed per 
incorporated HUD Guidelines. Lead mitigation and lead abatement 
activities are performed only by individuals or firms who hold the 
appropriate lead contractor license issued by the Department. The lead 
contractor has the responsibility to utilize documented methodologies 
to ensure that work is performed effectively and in a manner that 
protects building occupants and workers, and complies with the 
requirements outlined in the HUD Guidelines and the LPPC requirements.
    Complaint investigations, inspections, course audits and 
enforcement activities are accomplished by Department staff located in 
the central and regional offices and through delegate agency agreements 
with local health departments. Central office staff provides for the 
licensing of individuals that conduct all lead-based activities in the 
state. One administrative assistant, one office administrator and three 
office associates process all licensure application submitted to the 
Department. One office associate is dedicated to support the 
Department's third party examination process. The third party 
examination is administered by an environmental health specialist III. 
Compliance and enforcement activities are conducted by an environmental 
health specialist I. A public service administrator is directly 
responsible for the day-to-day lead program activities, overall 
management of all program activities, and maintaining and revising the 
LPPA, LPPC and program policies to ensure compliance with more 
stringent requirements and documented methodologies. The public service 
administrator also serves as the Department Radiation Safety Officer 
responsible for all radioactive material utilized by the Department for 
lead investigations. Eight regional program staff conduct inspections 
on a daily basis as well as approximately 90 licensed lead risk 
assessors that work within our lead program as delegate agents under 
contract to perform the required investigations in their respective 
counties or municipalities. Overall program direction is provided by a 
senior public service administrator in the central office. Funding is 
established through a mandate that provides a dedicated state fund for 
the lead program. Revenue from licensing and training course approval 
fees are also directed to that fund. Departmental policy and procedure 
manuals provide protocol to achieve all necessary aspects of the 
Illinois Lead Poisoning Prevention Program. In those policies, details 
of activities to be implemented, standard enforcement procedures and 
examples of required letters may be found. Enforcement is accomplished 
through administrative procedures that have been referenced in the LPPA 
and LPPC. Violations of the LPPA and LPPC are subject to enforcement by 
the State's Attorney in the respective county where the violation 
occurred, enforcement by the Illinois Attorney General's office, and 
enforcement through administrative fines and penalties by the 
Department.
    The Department participates in Environmental Justice grants from 
EPA to provide education and information to people who would not 
normally receive information about the hazards of lead through normal 
media. Not-for-profit associations are provided grant funds to seek out 
parents of children who are likely to be exposed to lead and may not be 
aware of the hazards associated with lead or about how to prevent lead 
poisoning. Additionally, the Department or its agents provide 
consultative services and screening to high risk target populations 
within Illinois for lead poisoning.

Program Description

    The Illinois lead program administration and enforcement is the 
responsibility of the Illinois Department of Public Health.
    The Illinois Environmental Protection Agency (IEPA) is responsible 
for administration and enforcement of hazardous waste disposal 
including the provisions of RCRA.

 Responsible Primary Agency:

    Illinois Department of Public Health, G. Michael Brandt, Chief 
Asbestos and Lead Section, Division of Environmental Health, 525 West 
Jefferson Street, Springfield, IL 62761, (217) 782-3517.

 Other Participating Departments and Agencies:

    Illinois Department of Public Health, Ronald Brown, Chief, Division 
of Health Assessment and Screening, 535 West Jefferson Street, 
Springfield, IL 62761, (217) 782-1227.
    Illinois Environmental Protection Agency, Connie Sullinger, Office 
of

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Chemical Safety, P.O. Box 19276, Springfield, IL 62794-9276, (217) 785-
0830.
    EPA is only responsible for environmental pollution control in 
those cases where contaminants cross the property line of the address 
where lead abatement or mitigation is taking place. This includes waste 
disposal as well as air and water pollution that may leave the 
property. Such issues involving waste disposal or pollutants are 
investigated jointly, or are referred to IEPA.

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 amended 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: December 13, 2001.
Thomas V. Skinner,
Regional Administrator, Region V.

[FR Doc. 02-698 Filed 1-10-02; 8:45 am]
BILLING CODE 6560-50-S