[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12106-12108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4975]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-OW-2011-0112; FRL-9275-5]


Lead-Based Paint Renovation, Repair and Painting Activities in 
Target Housing and Child Occupied Facilities; State of Kansas; Notice 
of Self-Certification Program Authorization, Request for Public 
Comment, Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that on April 19, 2010, the State of 
Kansas was deemed authorized under section 404(a) of the Toxic 
Substances Control Act (TSCA), to administer and enforce requirements 
for a renovation, repair and painting program in accordance with 
section 402(c)(3) of TSCA. This notice also announces that EPA is 
seeking comment during a 45-day public comment period, and is providing 
an opportunity to request a public hearing within the first 15 days of 
this comment period, on whether Kansas's program is at least as 
protective as the Federal program and provides for adequate 
enforcement. This notice also announces that the authorization of the 
Kansas 402(c)(3) program, which was deemed authorized by regulation and 
statute on April 19, 2010, will continue without further notice unless 
EPA, based on its own review and/or comments received during the 
comment period, disapproves the Kansas program application.

DATES: Comments, identified by docket control number EPA-R07-OW-2011-
0112, must be received on or before April 18, 2011. In addition, a 
public hearing request must be submitted on or before March 21, 2011.

ADDRESSES: Comments and requests for a public hearing may be submitted 
by mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number EPA-R07-OW-2011-0112 
in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Crystal McIntyre, Technical Contact, 
Toxics and Pesticides Branch, Water, Wetlands, and Pesticides Division, 
Environmental Protection Agency, Region 7, 901 N. 5th Street, Kansas 
City, KS 66101, telephone number: (913) 551-7261; 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, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing in 
the State of Kansas. Individuals and firms falling under the North 
American Industrial Classification System (NAICS) codes 231118, 238210, 
238220, 238320, 531120, 531210, 53131, e.g., General Building 
Contractors/Operative Builders, Renovation Firms, Individual 
Contractors, and Special Trade Contractors like Carpenters, Painters, 
Drywall workers and Plumbers, ``Home Improvement'' Contractors, as well 
as Property Management Firms and some Landlords are also affected by 
these rules. This listing is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be affected 
by this action. Other types of entities not listed in this notice could 
also be affected. The NAICS codes have been provided to assist you and 
others in determining whether this action might apply to certain 
entities. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical 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: EPA has established an official record for this 
action under docket control number EPA-R07-OW-2011-0112. This docket 
may be accessed through http://www.regulations.gov. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Kansas 402(c)(3) program 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).
    2. In person: You may read this document, and certain other related 
documents, by visiting Kansas Department of Health and Environment, 
1000 SW Jackson, Suite 330, Topeka, KS 66612-1365; contact person, 
Shannon Steinbauer, telephone number (866) 865-3233. You may also read 
this document, and certain other related documents, by visiting the 
Environmental Protection Agency, Region 7, 901 N. 5th Street, Kansas 
City, KS 66101. You should arrange your visit to the EPA office by 
contacting the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

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 EPA-R07-OW-2011-0112 in the subject 
line on the first page of your response.
    1. By mail or in person or by courier: Submit or deliver your 
comments and public hearing requests to: Crystal McIntyre, Technical 
Contact, Toxics and Pesticides Branch, Water, Wetlands, and Pesticides 
Division, Environmental Protection Agency, Region 7, 901 N. 5th Street, 
Kansas City, KS 66101. The Regional office is open from 8 a.m. to 5 
p.m., Monday through Friday, excluding legal holidays.
    2. Electronically: You may submit your comments and public 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 Microsoft Word or ASCII file format.

D. How should I handle CBI information that I want to submit to the 
agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page the part or all of the information that 
you claim to be CBI. For CBI information in a disk or CD-ROM that you 
mail to EPA, mark the outside of the disk or CD-ROM that you mail to 
EPA as CBI, and then identify electronically within the disk or CD-ROM 
the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes 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 docket. 
Information so marked as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. If you have any questions

[[Page 12107]]

about CBI or the procedures for claiming CBI, please consult the 
technical person identified under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What action is the agency taking?

    EPA is announcing that on April 19, 2010, the State of Kansas was 
deemed authorized under section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), to administer and enforce requirements for a renovation, 
repair and painting program in accordance with section 402(c)(3) of 
TSCA. This notice also announces that EPA is seeking comment and 
providing an opportunity to request a public hearing on whether the 
state program is at least as protective as the Federal program and 
provides for adequate enforcement. The 402(c)(3) program ensures that 
training providers are accredited to teach renovation classes, that 
individuals performing renovation activities are properly trained and 
certified as renovators, that firms are certified as renovation firms, 
and that specific work practices are followed during renovation 
activities. On April 19, 2010, Kansas submitted an application under 
section 404 of TSCA requesting authorization to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, and submitted a self-
certification that this program is at least as protective as the 
Federal program and provides for adequate enforcement. Therefore, 
pursuant to section 404(a) of TSCA, and 40 CFR 745.324(d)(2), the 
Kansas renovation program is deemed authorized as of the date of 
submission and until such time as the Agency disapproves the program 
application or withdraws program authorization. Pursuant to section 
404(b) of TSCA and 40 CFR 745.324(e)(2), EPA is providing notice, 
opportunity for public comment and opportunity for a public hearing on 
whether the state program application is at least as protective as the 
Federal program and provides for adequate enforcement. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time and place of the hearing. The authorization 
of the Kansas 402(c)(3) program, which was deemed authorized by 
regulation and statute on April 19, 2010, will continue without further 
notice unless EPA, based on its own review and/or comments received 
during the comment period, disapproves the program application.

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. In the Federal Register 
dated April 22, 2008 (73 FR 21692), EPA promulgated final TSCA section 
402(c)(3) regulations governing renovation activities. The regulations 
require that in order to do renovation activities for compensation, 
renovators must first be properly trained and certified, must be 
associated with a certified renovation firm, and must follow specific 
work practice standards, including recordkeeping requirements. In 
addition, the rule prescribes requirements for the training and 
certification of dust sampling technicians. EPA believes that 
regulation of renovation activities will help to reduce the exposures 
that cause serious lead poisonings, especially in children under age 6, 
who are particularly susceptible to the hazards of lead.
    Under section 404 of TSCA, a state may seek authorization from EPA 
to administer and enforce its own renovation, repair and painting 
program in lieu of the Federal program. The regulation governing the 
authorization of a state program under section 402 of TSCA is codified 
at 40 CFR part 745, subpart Q. States 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 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, as required by section 404(b) of 
TSCA. EPA's regulations at 40 CFR part 745, subpart Q provide the 
detailed requirements a state program must meet in order to obtain EPA 
approval. A state may choose to certify that its own renovation, repair 
and painting program meets the requirements for EPA approval, by 
submitting a letter signed by the Governor or Attorney General stating 
that the program is at least as protective of human health and the 
environment as the Federal program and provides for adequate 
enforcement. Upon submission of such a certification letter the program 
is deemed authorized pursuant to TSCA section 404(a) and 40 CFR 
745.324(d)(2). This authorization becomes ineffective, however, if EPA 
disapproves the application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Kansas's self-certification 
application:

Program Summary

    The State of Kansas has administered regulations concerning lead-
based paint in housing since 2000. The U.S. Environmental Protection 
Agency (EPA) has authorized the Kansas Department of Health and 
Environment (KDHE) to operate a lead poisoning prevention program in 
Kansas to advance public health. The program at KDHE has provided for 
the oversight and accreditation of firms and individuals who provide 
specific lead-based paint activity training. KDHE has also provided for 
the licensing and oversight of firms who engage in specialized 
activities such as lead-based paint abatement, and environmental 
inspections and risk assessments that identify lead-based paint in 
housing and other properties such as schools and daycare centers. KDHE 
certifies and oversees individuals who are trained and then seek to 
perform lead-based activities within the state. KDHE also operates a 
program that oversees the contractors in the state, who for 
compensation, engage in activities that could disturb painted surfaces 
on homes constructed prior to 1978 (target housing). The program known 
as the Pre Renovation Education (PRE) program requires that homeowners 
and occupants of target properties be properly notified about the 
dangers associated with the work that could affect the occupants and 
provide educational materials that are designed to help protect their 
health. Kansas is one of only two states nationally that has operated a 
PRE program under EPA authorization.
    Today EPA, Kansas, and KDHE are expanding authorizations to include 
the newly promulgated Renovation, Repair, and Painting (RRP) rule. RRP 
enhances PRE and requires that contracting firms who perform work for 
compensation in target housing be licensed and that individuals who 
perform work which disturbs lead-based paint are properly trained in 
work practices that protect human health public safety. Records of the 
use of proper work practices, work training, and owner/occupant 
disclosure must be maintained as part of the RRP

[[Page 12108]]

program in Kansas. KDHE will oversee the firm licensing, worker 
training, work practice adherence and record retention. KDHE modernized 
and enhanced the operational capacity of the Healthy Homes and Lead 
Hazard Prevention (HHLHP) program in order to assist the regulated 
entities and individuals in Kansas achieve compliance with the RRP 
regulations. HHLHP will also perform extensive compliance assistance 
and educational outreach to homeowners, tenants, landlords and other 
individuals who request it in order to advance the success of the lead 
poisoning prevention efforts in the state. KDHE has enhanced the PRE 
rule in Kansas to require retailers who sell paint removal and 
contractor supplies to post educational signage in plain view near the 
painting supplies that explain the hazards of lead-based paint and 
where to receive more information about health protection. The poster 
also reminds contractors of their duty to comply with the PRE and RRP 
regulations. KDHE will advance the program through compliance training, 
oversight, and enforcement activities that can include financial 
penalties of $5,000 or more under Kansas law.

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 
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 program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a state or Indian Tribal renovation, repair 
and painting program, after notice and opportunity for corrective 
action, if the program is not being administered or enforced in 
compliance with standards, regulations, and other requirements 
established under the authorization. The procedures EPA will follow for 
the withdrawal of an authorization are found at 40 CFR 745.324(i).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation, 
Renovation work practice standards, Renovation training, Renovation 
certification, Renovation notification, Reporting and record keeping 
requirements, State of Kansas.

    Dated: February 22, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-4975 Filed 3-3-11; 8:45 am]
BILLING CODE 6560-50-P