16796 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 

changes which improve the clarity of 

the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. They 

do not change the emission limitations 

nor add significant new requirements. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

approving the Commonwealth’s SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting on this 

action should do so at this time. 

DATES: Written comments must be 

received on or before April 23, 2012. 

ADDRESSES: All comments should be 

addressed to: Raymond Werner, Chief, 

Air Programs Branch, Environmental 

Protection Agency, Region II Office, 290 

Broadway, New York, New York 10007– 

1866. 

Copies of the State submittal are 

available at the following addresses for 

inspection during normal business 

hours: 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. 

Environmental Protection Agency, 

Region 2 Caribbean Field Office 

Centro Europa Building, Suite 417, 

1492 Ponce de Leon Avenue, Stop 22, 

Santurce, Puerto Rico 00909. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is located in the Rules 

Section of this Federal Register. 

Dated: January 30, 2012. 

Judith A. Enck, 

Regional Administrator Region 2. 

[FR Doc. 2012–6919 Filed 3–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

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 leadbased 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: 

parker.cindy@epa.gov, or mail your 

computer disk to the address identified 

above. Do not submit any information 

electronically that you consider 

Confidential Business Information (CBI). 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 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 

parker.cindy@epa.gov. 

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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
16798 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 

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. §§ 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, leadbased 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 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 LeadBased 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 §§ 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 Leadbased 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 leadbased 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 prerenovation 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS