[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Pages 35540-35543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14591]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9912-59-Region-5: EPA-R05-OPPT-2014-0360]


TSCA Sections 402(a), 402(c), and 406(b) Program Authorization 
Application

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On May 19, 2014, the Environmental Protection Agency (EPA) 
determined that the Bois Forte Band of Chippewa (Bois Forte) had 
submitted a complete application under section 404 of the Toxic 
Substances Control Act (TSCA) requesting authorization to administer 
and enforce the requirements for TSCA sections 402(a), 402(c), and 
406(b) in accordance with the provisions of TSCA for trust lands 
located within the exterior boundaries of the reservation. These 
programs ensure that: Individuals engaged in certain work that may 
disturb lead-based paint, including but not limited to abatement and 
renovation, are properly trained; that training programs are 
accredited; that contractors engaged in such activities are certified; 
that owners and occupants of target housing and/or child-occupied 
facilities are provided information concerning potential hazards of 
lead-based paint exposure before certain renovations are begun; and 
that the required work is performed in accordance with work practice 
standards. This notice announces receipt of the Bois Forte Band of 
Chippewa's application and request for authorization to administer the 
program in lieu of the federal program. EPA has determined that the 
Bois Forte application is complete, and is now

[[Page 35541]]

providing a 45-day public comment period and opportunity to request a 
public hearing.

DATES: Comments, identified by docket identification (ID) number EPA-
R05-OPPT-2014-0360, must be received on or before August 7, 2014. In 
addition, a public hearing request must be submitted on or before July 
8, 2014.

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 Unit I. of the 
SUPPLEMENTARY INFORMATION section in this notice. To ensure proper 
receipt by EPA, it is imperative that you identify docket ID number 
EPA-R05-OPPT-2014-0360 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Emma Avant, Land and Chemicals 
Division (LCD), Toxics Section, U.S. Environmental Protection Agency, 
77 W. Jackson Boulevard, Chicago, IL 60604; telephone number: (312) 
886-7899; email 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 specifically of interest to firms and individuals engaged 
in lead-based paint activities and/or renovation and remodeling 
activities involving pre-1978 housing on the Bois Forte Reservation. 
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. EPA has established an official record for this 
action under docket ID number EPA-R05-OPPT-2014-0360. The official 
record consists of the documents specifically referenced in this 
action, this notice, the Bois Forte TSCA 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).
    All documents in the official record are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the address listed below.
    2. In person: You may view this document and related documents by 
visiting the Bois Forte Tribal Government Environmental Services 
Office, 5344 Lakeshore Drive, P.O. Box 16, Nett Lake, Minnesota 55772, 
contact telephone number (218) 757-3543, or EPA Region 5, 77 W. Jackson 
Boulevard, Chicago, Illinois 60604, contact telephone number (312) 886-
7899.

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 ID number EPA-R05-OPPT-2014-0360 in the subject 
line on the first page of your response.
    1. By mail: Submit your comments and hearing requests to: Emma 
Avant, LCD, Toxics Section, U.S. Environmental Protection Agency, 77 W. 
Jackson Boulevard, Chicago, IL 60604.
    2. By person or courier: Deliver your comments and hearing requests 
to: EPA Region 5, LCD, Toxics Section, 77 W. Jackson Blvd., Chicago, IL 
60604. 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 (312) 886-6003.
    3. Electronically: You may submit your comments and hearing 
requests electronically by email to: [email protected] or through 
http://www.regulations.gov, 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 Microsoft 
Word or ASCII file format.

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

    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.

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, identify the docket ID 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?

    On July 14, 2010, the Bois Forte Band of Chippewa (Bois Forte or 
the Tribe), located in St. Louis and Koochiching Counties in Northern 
Minnesota, submitted an application under section 404 of TSCA 
requesting authorization to administer and enforce requirements for: 
Lead-based paint activities (such as abatement) in accordance with 
section 402(a) of TSCA; renovation, repair and painting (referred to as 
``RRP''), in accordance with section 402(c) of TSCA; and pre-renovation 
education in accordance with section 406(b) of TSCA. These programs 
contain procedures and requirements for the accreditation of lead-based 
paint activities and RRP training programs, procedures and requirements 
for the certification of individuals and firms

[[Page 35542]]

engaged in lead-based paint activities or RRP activities, and work 
practice standards for performing such activities, and ensure that 
owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain lead-based paint activities or RRP activities are begun. 
Subsequently, Bois Forte supplemented the application on August 30, 
2010, September 23, 2011, January 31, 2012, February 23, 2012, and July 
13, 2013. After reviewing all the application materials, EPA now 
considers the Tribe's application to be complete.
    The Tribe's application requests authorization to administer and 
enforce these requirements on lands held in trust for the Tribe within 
the reservation boundaries. The Tribe has not, at this time, requested 
authorization to administer and enforce these programs on non-member 
owned fee lands within the reservation boundaries. If EPA authorizes 
the Tribal program, EPA will continue to administer and enforce the 
requirements on non-member owned fee lands within the reservation 
boundaries. The Tribe may, however, apply to administer and enforce 
these requirements for all lands located within the exterior boundaries 
of the reservation at some future time, but must meet all statutory and 
regulatory requirements under section 404(b) of TSCA, 15 U.S.C. 2684(b) 
and 40 CFR part 745 subpart Q.
    The Bois Forte Reservation includes five land areas, four of which 
currently include lands held in trust for the Tribe. The Lake 
Vermillion land area, approximately 2803 acres located near the town of 
Tower, Minnesota, and the Sugar Bush and Indian Point land areas, 
approximately 83 acres and 60 acres, respectively, both located near 
the town of Orr, Minnesota, consist entirely of trust land for which 
the Tribe will administer and enforce the program. The Nett Lake land 
area, comprising of 103,000 acres surrounding Nett Lake, and the vast 
majority of the Bois Forte Reservation land and members, includes both 
trust land, where the Tribe will administer and enforce the program, 
and non-member owned fee land, where the Tribe will not. The Deer Creek 
land area, approximately 23,000 acres currently includes no trust 
lands; at this time the Tribe will not administer the program on the 
Deer Creek land area. There are a total of approximately 100 pre-1978 
housing properties on trust lands where the Tribe will administer and 
enforce the program. Because the program addresses lead-based paint 
found in housing constructed prior to 1978, the only scenarios under 
which additional housing will come into the universe of regulated 
properties are: (1) Pre-1978 housing is moved onto trust land, and (2) 
new lands are placed into trust upon which pre-1978 housing exists.
    The Tribe's proposed program includes one provision for which the 
Tribal program is more stringent than the federal program. The Tribe's 
definition of ``target housing'' includes all buildings on Tribal trust 
lands. The federal program only applies to ``target housing,'' as 
defined by section 401(17) of TSCA, 15 U.S.C. 2681, which includes 
housing constructed prior to 1978, except housing for the elderly or 
persons with disabilities (unless any child who is less than 6 years of 
age resides or is expected to reside in such housing for the elderly or 
persons with disabilities) or any zero-bedroom dwelling. As noted below 
in Section IV of this notice, if approved, EPA may exercise its 
enforcement authority under TSCA against a violation of, or a failure 
or refusal to comply with, any requirement of the Bois Forte Lead 
Program that is consistent with federal program requirements. 
Therefore, if approved, EPA will not enforce the Bois Forte Lead 
Program for violations arising at buildings not included in the federal 
definition of ``target housing.''
    In order for EPA to authorize the Bois Forte program, it must 
determine that the application includes information sufficient for EPA 
to find Bois Forte eligible for treatment in the same manner as a state 
(TAS). For the TSCA lead program, TAS requirements are found in 40 CFR 
745.324(b)(4), and include, among other things, that the tribe is 
recognized by the Secretary of the Interior; has an existing government 
exercising substantial governmental duties and powers; has adequate 
civil regulatory jurisdiction over the subject matter and entities 
regulated; and is reasonably expected to be capable of administering 
the federal program for which it is seeking authorization. In 
determining that the Tribe's application is complete, EPA believes that 
the Tribe has demonstrated that it can meet each of these requirements 
for TAS under this program.
    Pursuant to section 404(b) of TSCA, 15 U.S.C. 2684(b) and 40 CFR 
part 745, subpart Q, EPA provides notice and an opportunity for a 
public hearing on a state or tribal program application before 
approving the program. Therefore, by this notice EPA is soliciting 
public comment on whether the Bois Forte 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, EPA will issue a Federal Register notice announcing the 
date, time and place of the hearing and EPA's final decision on the 
application will also then 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. In the Federal Register 
of August 29, 1996 (61 FR 45813) (FRL-5389-9), April 22, 2008 (73 FR 
21758) (FRL-8355-7), and June 1, 1998 (63 FR 29908) (FR-5751-7), 
respectively, EPA promulgated final TSCA section 402(a), 402(c), and 
406(b) regulations governing lead-based paint activities (abatement) 
training, certification and work practice standards; renovation, repair 
and painting (RRP) training, certification and work practice standards; 
and pre-renovation education (PRE) requirements in target housing and/
or child-occupied facilities. These programs establish requirements for 
training individuals conducting lead-based paint activities and RRP 
activities; accrediting lead-based paint activities and RRP activities 
training providers; and for lead-based paint activities and RRP work 
practices. The program also ensures that owners and occupants of target 
housing and child-occupied facilities are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are conducted. In addition to providing general 
information on the health hazards associated with exposure to lead, the 
lead hazard information pamphlet advises owners and occupants to take 
appropriate precautions to avoid exposure to lead-contaminated dust and 
debris that are sometimes generated during renovations. EPA believes 
that distribution of the pamphlet 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, 15 U.S.C. 2684, a state or tribe may seek authorization 
from EPA to administer and enforce its own lead-based paint activities, 
RRP and/or pre-renovation education program in lieu of the federal 
program. The regulations governing the authorization of a state or 
tribal program under both sections 402 and 406 of TSCA are codified at 
40 CFR part 745,

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subpart Q. A state or tribe that chooses 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 under section 404(b) of 
TSCA, 15 U.S.C. 2684(b). EPA's regulations at 40 CFR part 745, subpart 
Q provide the detailed requirements a state or tribal program must meet 
in order to obtain EPA approval.

III. Tribal Program Description Summary

    The following is the Tribe's proposed TSCA Lead-Based Paint program 
summary, which the Bois Forte Tribe prepared as a required part of its 
application:

    The Bois Forte has adopted by Resolution  6-2011, the 
ordinance entitled Bois Forte Lead Program in order to provide clear 
and specific authority and guidance for regulating renovation 
requirements, and pre-renovation notification requirements and lead-
based paint activities, including assessment, inspection, and 
abatement of lead-based paint on the Bois Forte Reservation. 
Penalties for non-compliance are established. The ordinance targets 
all buildings located on the Bois Forte Reservation.
    The ordinance is designed to be at least as protective as the 
federal law and provide for adequate enforcement of all provisions 
through a schedule of flexible remedies. This is accomplished 
through a combination of Tribe-specific requirements (training 
accreditation) that are identical to the federal regulations and 
through incorporation by reference of other required federal 
elements (certification of individuals, pre-renovation notification 
activities, renovation, and definitions of lead-based paint 
hazards). Also incorporated by reference are the federal definitions 
with the notable expansion of the definition of target housing to 
include all reservation buildings.
    The ordinance contains enforcement and compliance requirements 
consisting of a schedule of flexible remedies and an appeals 
process.
    The Bois Forte Reservation Lead Program request for federal 
delegation of authority is a natural application of tribal sovereign 
power over environmental regulatory activities on the Tribe's lands 
for the health, welfare, and safety of community members.

EPA believes that the Tribe's program description, above, together 
with the rest of the application, demonstrates adequate civil 
regulatory jurisdiction over the matter and entities regulated.

IV. Federal Overfilling

    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, if EPA approves the Bois Forte Lead 
Program application, 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 the Bois Forte Lead Program to the 
extent that such requirement is consistent with federal law.

List of Subjects

    Environmental Protection, Hazardous Substances, Lead, Renovation 
Notification, Reporting and Recordkeeping requirements.

    Dated: June 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-14591 Filed 6-20-14; 8:45 am]
BILLING CODE 6560-50-P