[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Proposed Rules]
[Pages 16796-16799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6933]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[EPA-R06-OPPT-2011-0989; FRL-9649-6]
Lead Requirements for Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities; State of Arkansas's
Authorization Application, Notice of Self-Certification Program
Authorization
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of program authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: On July 8, 2011, the State of Arkansas submitted an
application for EPA approval for the Arkansas Department of Health
(ADH) 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). Previously Arkansas Department of Environmental
Quality (ADEQ) was approved to administer this program in Arkansas, but
the Arkansas Legislature revoked the State's prior statute establishing
the Arkansas lead-based paint program and passed a new statute
establishing a State lead-based paint program and changing the
implementing state agency from ADEQ to ADH. By this action, we are
withdrawing our prior authorization of Arkansas with ADEQ as the
implementing agency and authorizing Arkansas for the lead-based paint
program pursuant to the Arkansas July 8, 2011, request with the ADH as
the implementing state agency. This document announces the receipt of
Arkansas's rules established pursuant to its new 2011 statutory
authority, and provides a 45-day public comment period and an
opportunity to request a public hearing on the application for the
ADH's program and on the withdrawal and termination of the prior
program administered in Arkansas by ADEQ. Arkansas has provided a
certification that their program for implementation by ADH meets the
requirements for approval of a State program under section 404 of TSCA.
Therefore, pursuant to section 404, the program submitted by Arkansas
on behalf of the ADH 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, the EPA Administrator will disapprove the
program, at which time a document will be issued in the Federal
Register and the Federal program will be established.
DATES: Public comments on the authorization application must be
submitted on or before May 7, 2012. Public hearing requests must be
submitted on or before April 6, 2012.
If a public hearing is requested and granted, the hearing will be
held on April 24, 2012, 1:30 p.m., at the Arkansas Department of
Health, Center for Public Health Practice, 4815 West Markham St.,
Little Rock, Arkansas. If a public hearing is not requested, this
meeting time and place will be canceled. Therefore, individuals are
advised to verify the status of the public hearing by contacting Cindy
Parker (name, telephone number, and address are provided in the FOR
FURTHER INFORMATION CONTACT section of this document) before the April
24, 2012, public hearing date.
Comments, identified by Docket Control Number EPA-R06-OPPT-2011-
0989, must be received on or before May 7, 2012. In addition, a public
hearing request must be submitted on or before April 6, 2012.
ADDRESSES: You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is important that
you identify Docket Identification Number EPA-R06-OPPT-2011-0989 in the
subject line on the first page of your response. Submit your comments
by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. By mail: Submit your comments and hearing requests to: Cindy
Parker, Toxics Section, 6PD-T, US EPA Region 6, 1445 Ross Avenue,
Dallas, Texas, 75202-2733.
3. By person or courier: Deliver your comments and hearing requests
to: Toxics Section, Multimedia Planning and Permitting Division, US
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Ste 700,
Dallas, Texas 75202-2733. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
4. By fax: 214-665-6655.
5. By email: You may submit your comments and hearing requests
electronically by email to: [email protected], or mail your computer
disk to the address identified above. Do not submit any information
electronically that you consider Confidential Business Information
(CBI).
[[Page 16797]]
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.
Instructions: Direct your comments to Docket ID Number EPA-R06-
OPPT-2011-0989. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. 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 either electronically
in http://www.regulations.gov or in hard copy.
Do not submit this information to EPA through regulations.gov or
email. 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
about CBI or the procedures for claiming CBI, please consult the
technical person identified under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Cindy Parker, Lead-Based Paint
Program, Toxics Section, United States Environmental Protection Agency
Region 6, 1445 Ross Avenue, Ste 1200, Dallas, Texas 75202. The
telephone number where Ms. Parker can be reached is: (214) 665-7291.
Ms. Parker can be contacted via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background
III. State Program Description Summaries
IV. Federal Overfiling
V. Withdrawal of Authorization
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you perform lead-
based paint inspections, lead hazard screens, risk assessments or
abatements in target housing or child-occupied facilities or if you
operate a training program for individuals who perform any of these
activities. ``Target housing'' is defined in section 401 of TSCA as any
housing constructed prior to 1978, except housing for the elderly or
persons with disabilities (unless any child under age 6 resides or is
expected to reside in such housing) or any 0-bedroom dwelling. Under
this rule, a child-occupied facility is a building, or a portion of a
building constructed prior to 1978, visited regularly by the same
child, under 6 years of age, on at least 2 different days within any
week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visits last at least 6
hours, the combined annual visits last at least 60 hours.
Potentially-affected entities can include, but are not limited to:
Real estate (NAICS code 531), e.g., lessors of residential
buildings and dwellings, residential property managers.
Child day care services (NAICS code 624410).
Elementary and secondary schools (NAICS code 611110),
e.g., elementary schools with kindergarten classrooms.
Other technical and trade schools (NAICS code 611519),
e.g., training providers.
Lead abatement professionals (NAICS code 562910), e.g.,
firms and supervisors engaged in lead-based paint activities.
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 unit could also be
affected. The North American Industrial Classification System (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: 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/
or from http://www.regulations.gov/. You can also go directly to the
Federal Register listings at http://www.gpoaccess.gov/fr/.
2. In person: The State submittal is also available for public
inspection during official business hours, by appointment, at the
Arkansas Department of Health, Center for Public Health Practice,
Applied Epidemiology Branch, Environmental Epidemiology Section, 4815
West Markham St., Little Rock, Arkansas. You may also read this
document, and certain other related documents, by visiting the United
States Environmental Protection Agency, Region 6 Office, 1445 Ross
Avenue, Ste 700, Dallas, Texas 75202-2733. You should arrange your
visit to the EPA office by contacting the technical person listed under
FOR FURTHER INFORMATION CONTACT. Also, EPA has established an official
record for this action under Docket Control Number EPA-R06-OPPT-2011-
0989. The official record consists of the documents specifically
referenced in this action, this notice, the State of Arkansas program
authorization applications, any public comments received during an
applicable comment
[[Page 16798]]
period, and other information related to this action.
C. 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 use.
3. Provide copies of any technical information and/or data you use
that support your views.
4. If you estimate potential burden or costs, explain how you
arrive 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 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?
Originally, on March 29, 1999, the State of Arkansas submitted and
EPA approved 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). That
application and approval stated Arkansas' lead-based paint program was
to be administered by the Lead-Based Paint Section of the Arkansas
Department of Environmental Quality (ADEQ).
On May 19, 1999, EPA Region 6 published a notice announcing receipt
of the State of Arkansas program authorization application. In the
application, Arkansas provided a certification that their program meets
the requirements for approval of a State program under section 404 of
TSCA. Therefore, pursuant to section 404, the program was deemed
authorized as of the date of submission, which was March 29, 1999.
(See, 64 FR 27266, May 19, 1999).
In 2011, the Arkansas State Legislature, in the Regular Session of
the 88th General Assembly, passed the Lead-Based Paint Hazard Act of
2011 revoking the prior state statutory authority and creating a new
State statutory authority for the lead-based program. The only
substantive difference between the prior law and the current law is
that the Legislature transferred the authority to operate the lead-
based paint program from the Arkansas Department of Environmental
Quality to the Arkansas Department of Health, effective July 1, 2011.
(See, Ark. Code Ann. Sec. Sec. 20-27-2401--2409). Because the Arkansas
Legislature revoked the statutory authority which formed the basis for
our May 19, 1999, approval, EPA is considering this revocation of state
authority a request by the State to voluntarily return the program to
EPA and therefore EPA is withdrawing its May 19, 1999, lead-based paint
approval. Since the Arkansas Legislature, by this same statute,
established a new authority for a lead-based paint program and
designated the Arkansas Department of Health as the new state agency to
implement the program we also are approving in this action Arkansas'
newly submitted program.
On July 8, 2011, the State of Arkansas 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 Arkansas's
rules, and provides a 45-day public comment period and an opportunity
to request a public hearing on the application. Arkansas has provided a
certification that their 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 time a notice will be issued in the Federal Register
and the Federal program will be established. The State program became
effective with EPA's receipt of Arkansas' certification on July 8,
2011. Submit comments on the authorization application and withdrawal
and termination of the May 19, 1999, program on or before May 7, 2012.
Public hearing requests must be submitted on or before April 6,
2012. If a public hearing is requested and granted, the hearing will be
held on April 24, 2012, 1:30 p.m., at the Arkansas Department of
Health, Center for Public Health Practice, 4815 West Markham St.,
Little Rock, Arkansas. If a public hearing is not requested, this
meeting time and place will be canceled. Therefore, individuals are
advised to verify the status of the public hearing by contacting Cindy
Parker (name, telephone number, and address are provided in the FOR
FURTHER INFORMATION CONTACT section of this notice) before the April
24, 2012, public hearing date.
B. What is EPA'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.
2681-92), entitled ``Lead Exposure Reduction.'' Section 402 of TSCA
authorizes EPA to promulgate final regulations governing lead-based
paint activities. Lead-based paint activities are defined in section
402(b) of TSCA and authorizes EPA to regulate lead-based paint
activities in target housing, public buildings built prior to 1978,
commercial buildings, bridges and other structures or superstructures.
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, 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 (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. On August 31, 1998, EPA instituted the Federal program
in States or Indian Country without an authorized program, as provided
by section 404(h) of TSCA.
States and Indian 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 Indian Tribe must demonstrate that its program
is at least as protective of human health and the environment as the
Federal
[[Page 16799]]
program, and provides 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 until such
time as EPA disapproves the program application or withdraws the
authorization.
Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether Arkansas's application meets the requirements
for EPA approval. This notice also provides an opportunity to request a
public hearing on the application. Arkansas has provided a self-
certification letter from the Governor and Attorney General 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 time a notice will be issued
in the Federal Register and the Federal program will be established in
Arkansas.
III. State Program Description Summaries
The following program summary is from Arkansas' self-certification
application:
Arkansas Department of Health, TSCA Section 402 Lead-Based Paint
Training and Certification Program Summary
The Arkansas Department of Health is seeking authorization to
administer the Environmental Protection Agency Lead-Based Paint
Activities in Target Housing and Child-Occupied Facilities program
as provided by Section 402 of the Toxic Substances Control Act and
as promulgated into rule in 40 CFR Section 745 and this document
serves as notification of this intent to seek authorization.
Currently, the Arkansas Department of Health has statutory
authority pursuant to Arkansas Code Annotated Sec. Sec. 20-27-2401-
2409 to administer the Lead-based Paint Hazards Act of 2011. This
Act ensures that lead-based paint activities conducted in target
housing or child-occupied facilities in the state of Arkansas are
performed by trained and certified individuals who are employed by
licensed lead-based paint firms. The Act also ensures that the
individuals are trained by lead-based paint training providers who
teach the curriculum outlined in 40 CFR Section 745 and that the
training providers receive review and approval prior to receiving a
license and are audited to maintain a standard of instruction.
Finally, the Act ensures that certified individuals, as well as
licensed firms, perform lead-based paint activities according to
work practices approved by 40 CFR Section 745. The Lead-based Paint
Hazard Act of 2011 is as protective of human health and the
environment as the provisions of 40 CFR Section 745.
The Lead-based Paint Hazard Act of 2011 also provides for the
promulgation of the Arkansas Board of Health Rules pertaining to
Lead-based Paint Activities. These Rules specifically detail
provisions for becoming a lead-based paint training provider. This
includes a review of the training and experience of the persons
offering the training and the type of facility within which the
training will be conducted. The Rules pertaining to Lead-based paint
Activities also requires that the training adhere to a course
curriculum as specified in 40 CFR Section 745. Finally, the Rules
allow for course audit and, if necessary, disciplinary actions that
may include suspension; revocation; modification; or injunction; or
pursuit of criminal prosecution.
Arkansas Board of Health Rules pertaining to Lead-based Paint
Activities also provide that individuals apply for certification and
firms apply for licensing prior to conducting lead-based paint
activities in the state of Arkansas. The certification process
ensures that individuals received training from a training provider
accredited by the State of Arkansas, or a training provider approved
by the Environmental Protection Agency, or a state or tribal program
approved by the Environmental Protection Agency. Further, the
certification process ensures that individuals in certain
disciplines have proven a certain level of proficiency by achieving
a passing score on an examination not conducted in conjunction with
the training course test administered by the training provider.
These Rules also mandate refresher courses for the lead-based paint
professionals.
Lead-based paint firms are also required to submit to an
application process in which the firm assures that only trained and
certified lead-based paint professionals will be employed to conduct
lead-based paint activities in the state of Arkansas. Both firms and
individuals are subject to disciplinary action for submitting false
information; failing to comply with worker practice standards;
employing uncertified individuals; and failing to comply with
record-keeping requirements. This disciplinary action may include
suspension; revocation; modification; injunction; or pursuit of
criminal prosecution.
Arkansas Board of Health Rules pertaining to Lead-based Paint
Activities provides standards for work practice of lead-based paint
activities in the state of Arkansas and specifically references the
standards stated in 40 CFR Section 745. In conjunction with the work
practice standards, the Rules mandate all laboratory testing be
conducted by a laboratory approved by the Environmental Protection
Agency pursuant to the National Lead Laboratory Accreditation
Program (NLLAP).
The Rules and the Act are administered by the Applied
Epidemiology Branch of the Arkansas Department of Health. The Branch
includes personnel who review notifications of lead-based paint
abatements; inspect lead-based paint abatements--including reviewing
work practices, certifications, and licensures; conduct public
outreach; review applications by individuals and firms; audit
training providers; and conduct enforcement actions for violations.
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, and/or a lead-based paint pre-renovation
education 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 U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).
List of Subjects in 40 CFR Part 745
Environmental protection, Hazardous substances, Lead poisoning,
Reporting and recordkeeping requirements.
Dated: March 7, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-6933 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P