Toxic and hazardous substances control: occupied facilities; State and Indian Tribe authorization applications— Iowa,

[Federal Register: March 25, 1999 (Volume 64, Number 57)]

[Notices]

[Page 14444-14446]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25mr99-66]

ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-IA; FRL-6059-2]

Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities and Hazard Education Before Renovation of Target Housing; State of Iowa's Authorization Application

AGENCY: Environmental Protection Agency (EPA).

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

SUMMARY: On August 7, 1998, the State of Iowa 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) and requirements for hazard education before renovation of target housing under section 406 of TSCA. This notice announces the receipt of the State of Iowa's application, provides a 45-day public comment period, and provides an opportunity to request a public hearing on the application.

DATES: Comments on the authorization application must be received on or before May 10, 1999. Public hearing requests must be received on or before April 26, 1999.

ADDRESSES: Submit all written comments identified by docket number PB- 402404-IA (in duplicate) to: Environmental Protection Agency, Region VII, Mazzie Talley, Air, RCRA and Toxics Division, Radiation, Asbestos, Lead and Indoor Programs Branch, 726 Minnesota Ave., Kansas City, KS 66101. Comments, data, and requests for a public hearing may also be submitted electronically to: talley.mazzie@epa.gov. Follow the instructions under Unit IV. of this document. No information claimed to be Confidential Business Information (CBI) should be submitted through e-mail. FOR FURTHER INFORMATION CONTACT: Mazzie Talley, Environmental Protection Agency, Region VII, Air, RCRA and Toxics Division, Radiation, Asbestos, Lead and Indoor Programs Branch, 726 Minnesota Ave., Kansas City, KS 66101; telephone (913) 551-7518; e-mail address: talley.mazzie@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   On October 28, 1992, the Housing and Community Development Act of 1992, Pub. L. 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

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   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.

   Section 406 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to promulgate final regulations governing the development of a lead hazard information pamphlet and requires each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. Under section 404 (15 U.S.C. 2684), a State may seek authorization from EPA to develop their own pamphlet, administer and enforce its own pre-renovation notification 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 (a subset of public buildings). On June 1, 1998 (63 FR 29907) (FRL-5751-7), EPA promulgated final TSCA section 406 regulations governing hazard education before renovation of target housing. 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 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. 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 authorizing the program. Therefore, by this notice EPA is soliciting public comment on whether the State of Iowa's application meets the requirements for EPA approval. EPA's final decision on the application will be published in the Federal Register.

2. State Program Description Summary

   The following summary of the State of Iowa's proposed program has been provided by the applicant:

   Lead-Based Paint Activities Training and Certification Program and Pre-renovation Notification Program

   The state of Iowa has submitted an application to the U.S. Environmental Protection Agency asking for the state's Lead-Based Paint Activities Training and Certification Program and Pre- renovation Notification Program to be authorized. The Iowa Department of Public Health is the lead agency for these programs.

   The rules for the Lead-Based Paint Activities Training and Certification Program are found in 641-Chapter 70 of the Iowa Administrative Code. The training and certification requirements go into effect on August 1, 1999. These rules:

   1. Establish the disciplines of lead inspector, elevated blood lead (EBL) inspector, lead abatement contractor, lead abatement worker, and visual risk assessor.

   2. Establish work practice requirements for lead inspections, EBL inspections, risk assessments, lead hazard screens, visual risk assessments, and lead abatement.

   3. Require individuals who conduct these activities to be certified by August 1, 1999. In order to be certified, individuals must complete an approved training program and meet additional education and experience requirements.

   4. Establish procedures for the suspension, revocation, or modification of certifications.

   5. Establish requirements for the approval of training programs and requirements and procedures for the administration of a third-party certification exam.

      The rules for the Pre-renovation Notification Program are found in 641-Chapter 69 of the Iowa Administrative Code. These rules require the distribution of lead hazard information to owners and occupants of target housing before renovation for compensation. The pre- renovation notification goes into effect on August 1, 1999. These rules establish:

   1. Clear standards for identifying home improvement activities that trigger the pamphlet distribution requirements.

   2. Procedures for distributing the lead hazard information to owners and occupants of the housing prior to renovation activities.

   3. Special procedures to be used for emergency renovation, remodeling, and repainting of target housing for compensation for the purpose of preventing significant property damage or threats to public safety or health.

3. Federal Overfiling

   TSCA section 404(b) (15 U.S.C. 2684(b)) 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.

4. Public Record and Electronic Submissions

   The official record for this action, as well as the public version, has been established under docket control number PB-402404-IA. Copies of this notice, the State of Iowa's authorization application, and all comments received on the application are available for inspection in the Region VII Office, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The docket is located at Environmental Protection Agency, Region VII, Air, RCRA and Toxics Division, Radiation, Asbestos, Lead and Indoor Programs Branch, 726 Minnesota Ave., Kansas City, KS 66101. Commenters are encouraged to structure their comments so as not to contain information for which Confidential Business Information (CBI) claims would be made. However, any information claimed as CBI must be marked ``confidential,'' ``CBI,'' or with some other appropriate designation, and a commenter submitting such information must also prepare a non-confidential version (in duplicate) that can be placed in the public record. Any information so marked will be handled in accordance with the procedures contained in 40 CFR part 2. Comments and information not claimed as CBI at the time of submission will be placed in the public record. Electronic comments can be sent directly to EPA at:

   talley.mazzie@epa.gov.

   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 disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket control number PB-402404-

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   IA. Electronic comments on this document may be filedonline at many Federal Depository Libraries. Information claimed as CBI should not be submitted electronically.

5. Regulatory Assessment Requirements

   1. Certain Acts and Executive Orders

      EPA's actions on State or Tribal lead-based paint activities program applications are informal adjudications, not rules. Therefore, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Congressional Review Act (5 U.S.C. 801 et seq.), Executive Order 12866 (Regulatory Planning and Review, 58 FR 51735, October 4, 1993), and Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks, 62 FR 1985, April 23, 1997), do not apply to this action. This action does not contain any Federal mandates, and therefore is not subject to the requirements of the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538). In addition, this action does not contain any information collection requirements and therefore does not require review or approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

   2. Executive Order 12875

      Under Executive Order 12875, entitled Enhancing the Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may not issue a regulation that is not required by statute and that creates a mandate upon a State, local, or Tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments. If the mandate is unfunded, EPA must provide to OMB a description of the extent of EPA's prior consultation with representatives of affected State, local, and Tribal governments, the nature of their concerns, copies of any written communications from the governments, and a statement supporting the need to issue the regulation. In addition, Executive Order 12875 requires EPA to develop an effective process permitting elected officials and other representatives of State, local, and Tribal governments ``to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates.''

      Today's action does not create an unfunded Federal mandate on State, local, or Tribal governments. This action does not impose any enforceable duties on these entities. Accordingly, the requirements of section 1(a) of Executive Order 12875 do not apply to this action.

   3. Executive Order 13084

      Under Executive Order 13084, entitled Consultation and Coordination with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not issue a regulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the Tribal governments. If the mandate is unfunded, EPA must provide OMB, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected Tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.''

      Today's action does not significantly or uniquely affect the communities of Indian tribal governments. This action does not involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of section 3(b) of Executive Order 13084 do not apply to this action.

      Authority: 15 U.S.C. 2682, 2684.

      List of Subjects

      Environmental protection, Hazardous substances, Lead, Reporting and recordkeeping requirements.

      Dated: February 24, 1999.

      William Rice,

      Acting Regional Administrator, Region VII.

      [FR Doc. 99-7338Filed3-24-99; 8:45 a.m.]

      BILLING CODE 6560-50-F