12106 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 

Dated: February 23, 2011. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. 2011–4605 Filed 3–3–11; 8:45 am] 

BILLING CODE 6450–01–P 

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 SelfCertification Program Authorization, 

Request for Public Comment, 

Opportunity for Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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: 

mcintyre.crystal@epa.gov. 

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: 

mcintyre.crystal@epa.gov 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
12108 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8995–7] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly Receipt of Environmental 

Impact Statements Filed 02/21/2011 

Through 02/25/2011 

Pursuant to 40 CFR 1506.9 

Notice 

In accordance with Section 309(a) of 

the Clean Air Act, EPA is required to 

make its comments on EISs issued by 

other Federal agencies public. 

Historically, EPA met this mandate by 

publishing weekly notices of availability 

of EPA comments, which includes a 

brief summary of EPA’s comment 

letters, in the Federal Register. Since 

February 2008, EPA has included its 

comment letters on EISs on its Web site 

at: http://www.epa.gov/compliance/ 

nepa/eisdata.html. Including the entire 

EIS comment letters on the Web site 

satisfies the Section 309(a) requirement 

to make EPA’s comments on EISs 

available to the public. Accordingly, on 

March 31, 2010, EPA discontinued the 

publication of the notice of availability 

of EPA comments in the Federal 

Register. 

EIS No. 20110055, Second Draft 

Supplement, USACE, CA, Sacramento 

River Deep Water Ship Channel 

Project, Proposal to Re-initiate 

Deepening and Selective Widening, 

Yolo, Sacramento, Solano and Contra 

Costa Counties, CA, Comment Period 

Ends: 04/18/2011, Contact: Dr. 

William Brostoff 415–503–6867. 

EIS No. 20110056, Final EIS, NRC, TX, 

South Texas Project, Electric 

Generating Station Units 3 and 4, 

Application for Combined Licenses 

(COLs) for Construction Permits and 

Operating Licenses, Matagorda 

County, TX, Review Period Ends: 04/ 

04/2011, Contact: Jessie M. Muir 301– 

415–0491. 

EIS No. 20110057, Draft EIS, USACE, 

FL, Everglades Restoration Transition 

Plan (ERTP), To Defined Water 

Management Operating Criteria for 

Central and Southern Florida Project 

(C&SF) features and the Constructed 

features of the Modified Water 

Deliveries and Canal-III Project until a 

Combined Operational Plan is 

Implemented, Broward and MiamiDade Counties, FL, Comment Period 

Ends: 04/18/2011, Contact: Gina 

Paduano Ralph 904–232–2336. 

EIS No. 20110058, Final EIS, USFS, UT, 

Uinta National Forest Oil and Gas 

Leasing, Implementation, Identify 

National Forest Systems Lands with 

Federal Mineral Rights, Wasatch, 

Utah, Juab, Tooele, and Sanpete 

Counties, UT, Review Period Ends: 

04/04/2011, Contact: Kim Martin 801– 

342–5100. 

EIS No. 20110059, Final EIS, USACE, 

00, Sabine-Neches Waterway Channel 

Improvement Project, Proposed Ocean 

Dredged Material Disposal Site 

Designation, Southeast Texas and 

Southwest Louisiana, Review Period 

Ends: 04/04/2011, Contact: Janelle 

Stokes 409–766–3039. 

EIS No. 20110060, Draft EIS, DOE, WV, 

Mountaineer Commercial Scale 

Carbon Capture and Storage Project, 

Construction and Operation, New 

Haven, Mason County, WV, Comment 

Period Ends: 04/18/2011, Contact: 

Mark W. Lusk 304–285–4145. 

EIS No. 20110061, Final EIS, USFS, MN, 

Tracks Project, Proposing Forest 

Vegetation Management and Related 

Transportation System Activities, 

Superior National Forest, Laurentian 

Ranger District, St. Louis and Lake 

Counties, MN, Review Period Ends: 

04/04/2011, Contact: Sudan Duffy 

218–365–2097. 

EIS No. 20110062, Draft EIS, USACE, 

LA, New Orleans To Venice (NOV), 

Louisiana, Hurricane Rick Reduction 

Project, Incorporation of Non-Federal 

Levees from Oakville to St. Jude, 

Plaquemines Parish, LA, Comment 

Period Ends: 04/18/2011, Contact: 

Christopher Koeppel 601–631–5410. 

EIS No. 20110063, Draft EIS, USFS, CA, 

Mudflow Vegetation Management 

Project, To Improve or Sustain the 

Health and Resiliency of the Forest 

and Reduce the Risk of Standreplacing Wildfire, Siskiyou County, 

CA, Comment Period Ends: 04/18/ 

2011, Contact: J. Sharon Heywood 

530–226–2520. 

EIS No. 20110064, Final EIS, FERC, CA, 

McCloud-Pit Hydroelectric Project, 

(Project No. 2106) Application to 

Relicense its 368–Megawatt (MW), 

McCloud and Pit Rivers, Shasta 

County, CA, Review Period Ends: 04/ 

04/2011, Contact: Mary O’Driscoll 1– 

866–208–3372. 

EIS No. 20110065, Draft EIS, FHWA, 

TN, North Second Street Corridor 

Improvement Project, from Interstate 


jlentini on DSKJ8SOYB1PROD with NOTICES