[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)] [Notices] [Pages 59561-59563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-29539] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [PB-402404-WI; FRL-6037-6] Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; State of Wisconsin's Authorization Application AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; request for comments and opportunity for public hearing. ----------------------------------------------------------------------- SUMMARY: On August 31, 1998, the State of Wisconsin 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 Wisconsin'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 December 21, 1998. Public hearing requests must be received on or before November 19, 1998. ADDRESSES: Submit all written comments and/or requests for a public hearing identified by the tracking number PB-402404-WI. (in duplicate) to: Environmental Protection Agency, Region V, DT-8J, 77 West Jackson Blvd., Chicago, IL 60604. Comments, data, and requests for a public hearing may also be submitted electronically to: [email protected]. 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: Marlyse Wiebenga, Project Officer, Environmental Protection Agency, Region V, DT-8J, 77 West Jackson Blvd., Chicago, IL 60604, Telephone: (312) 886-4437. SUPPLEMENTARY INFORMATION: I. 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. 2681-92), entitled ``Lead Exposure Reduction.'' Section 402 of TSCA authorizes and directs EPA to promulgate final regulations governing lead-based paint activities 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. In lieu of the Federal program, under section 404(a), a State or Tribe 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. 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 final program authorization, 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. Pursuant to section 404(b) of TSCA, 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 Wisconsin's 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 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. II. State Program Description Summary Under section 250.04, Wisconsin Statutes, the Wisconsin Department of Health and Family Services (DHFS), as the designated State health planning and development agency, is given broad authority to administer and enforce public health programs. Among other [[Page 59562]] duties, the DHFS is charged with the general supervision of the health of Wisconsin citizens and surveillance activities sufficient to detect any occurrence of acute, communicable, or chronic diseases and threat of occupational or environmental hazards, and the administration of programs for the control and prevention of public health problems. It is granted all powers necessary to fulfill the duties prescribed in Wisconsin Statutes and to bring action in the courts for the enforcement of public health statutes and rules, including the authority to administer oaths, certify to official acts, and to issue subpoenas and compel the attendance of witnesses. Chapter HFS 163, Wisconsin Administrative Code, has been promulgated by DHFS under the authority of ch. 254, Wisconsin Statutes to ensure that persons who perform lead-based paint activities do so safely to prevent exposure of building occupants to hazardous levels of lead. This is accomplished by requiring that before a person performs, supervises, or offers to perform or supervise a lead-based paint activity involving target housing (built before 1978) or a child- occupied facility or the real property on which the target housing or child-occupied facility stands, the person must be certified by the Department. In addition, no person may offer, advertise, claim to provide, or conduct a lead training course that is represented as qualifying a person for certification unless the course has received accreditation from the department, has an approved principal instructor, uses only approved instructors, and the training provider is owned by or employs an approved training manager. Both lead companies and individual lead professionals must be certified to perform any of the following lead-based paint activities: abatement, other lead hazard reduction funded by a HUD lead-based paint grant, clearance, inspection, lead hazard screen, risk assessment or project design. A homeowner must be certified to perform a lead-based paint activity in the homeowner's own nonrental dwelling or real property when the dwelling is occupied by a person other than the owner's immediate family, a child has been identified as having an elevated blood lead level as described in code, or use of certified persons has been ordered. Certification for individuals is offered in the following disciplines: lead inspector, project designer, risk assessor, supervisor, worker, and worker-homeowner. To be certified, an individual must be at least 18 years of age, meet the discipline's education and experience requirements, and successfully complete certification training requirements. The Department accredits the training courses which prepare individuals for certification. To be certified as a lead inspector, risk assessor, or supervisor, the individual also must pass a State certification exam administered or approved by the Department. To be certified, a lead company must agree to employ only appropriately certified employees to perform or supervise lead-based paint activities, must agree that all company employees will follow the established work practice standards and will comply with all lead-based paint regulations. In addition, the employer responsible for persons performing lead-based paint abatement, or a designated employee, must be certified as a lead supervisor for purposes of ensuring the safe performance of lead-based paint abatement activities, providing notification of lead hazard reduction activities, verifying employee certification, and ensuring compliance with lead-based paint regulations. The employer responsible for persons providing lead management services, including lead inspections, lead hazard screens, and risk assessments, must be certified as a lead risk assessor for purposes of ensuring the safe performance of lead management activities, submitting reports of lead management activities, verifying employee certification, and ensuring compliance with lead-based regulations. All lead-based paint activities performed must comply with work practice standards established under ch. HFS 163, and training must be consistent with the work practice standards. Work practice standards address the following lead-based paint activities: inspection, lead hazard screen, risk assessment, abatement, clearance, collection and laboratory analysis of samples, composite dust sampling, and recordkeeping. III. Federal Overfiling TSCA section 404(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. IV. Public Record and Electronic Submissions The official record for this action, as well as the public version, has been established under the tracking number ``PB-402404-WI.'' Copies of this notice, the State of Wisconsin's authorization application, and all comments received on the application are available for inspection in the Region V office, from 8:30 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. The application materials are located at the Toxics Program Section, Environmental Protection Agency, Region V, 8th floor, 77 West Jackson Blvd., Chicago, IL. Commenters are encouraged to structure their comments so as not to contain information for which 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 nonconfidential 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: [email protected] 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 tracking number ``PB-402404-WI.'' Electronic comments on this document may be filed online at many Federal Depository Libraries. Information claimed as CBI should not be submitted electronically. V. Regulatory Assessment Requirements A. 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. In addition, this action does not contain any Federal mandates, and therefore is not subject to the requirements of the Unfunded [[Page 59563]] Mandates Reform Act (2 U.S.C. 1531-1538). Finally, 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.). B. Executive Order 12875 Under Executive Order 12875, entitled ``Enhancing Intergovernmental Partnerships'' (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. C. 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: October 26, 1998. David A. Ullrich, Acting Regional Administrator, Region V. [FR Doc. 98-29539 Filed 11-3-98; 8:45 am] BILLING CODE 6560-50-F