56136 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Proposed Rules 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 31, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–23142 Filed 9–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–R04–OPPT–2010–0789; FRL–9457–7] 

Lead-Based Paint Renovation, Repair 

and Painting, and Pre-Renovation 

Education Activities in Target Housing 

and Child Occupied Facilities; North 

Carolina and Mississippi; Notice of 

Self-certification Program 

Authorization, Request for Public 

Comment, Opportunity for Public 

Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Program authorization, request 

for comments and opportunity for 

public hearing. 

SUMMARY: This notice announces that on 

January 21, 2010, the State of North 

Carolina and on March 31, 2010, the 

State of Mississippi were deemed 

authorized under section 404(a) of the 

Toxic Substances Control Act (TSCA), 

15 U.S.C. 2684(a), to administer and 

enforce requirements for a renovation, 

repair and painting program in 

accordance with section 402(c)(3) of 

TSCA, 15 U.S.C. 2682(c)(3), and a leadbased paint pre-renovation education 

program in accordance with 406(b) of 

TSCA, 15 U.S.C. 2686(b). 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 these North Carolina 

and Mississippi programs are at least as 

protective as the Federal programs and 

provide for adequate enforcement. This 

notice also announces that the 

authorization of the North Carolina and 

Mississippi 402(c)(3) and 406(b) 

programs, which were deemed 

authorized by regulation and statute on 

January 21, 2010, and March 31, 2010, 

respectively, will continue without 

further notice unless EPA, based on its 

own review and/or comments received 

during the comment period, 

disapproves one or both of these North 

Carolina and Mississippi program 

applications. 

DATES: Comments, identified by Docket 

Control Number EPA–R04–OPPT–2010– 

0789, must be received on or before 

October 27, 2011. In addition, a public 

hearing request must be submitted on or 

before September 27, 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 important 

that you identify Docket Control 

Number EPA–R04–OPPT–2010–0789 in 

the subject line on the first page of your 

response. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Wilde, Technical Contact, 

Children’s Health and Lead Section, 

Pesticides and Toxics Substances 

Branch, Air, Pesticides and Toxics 

Management Division, United States 

Environmental Protection Agency, 61 

Forsyth Street, Atlanta, Georgia 30303– 

8960. The telephone number where Ms. 

Wilde can be reached is: (404) 562– 

8998. Ms. Wilde can be contacted via 

electronic mail at wilde.liz@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? 

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 and child-occupied facilities in 

the States of Mississippi and North 

Carolina. 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 here 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: 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: you may read this 

document, and certain other related 

documents, by visiting the North 

Carolina Department of Health and 

Human Services, 1912 Mail Service 

Center, Raleigh, NC 27699–1912, 

contact person, Mr. Donald Chaney, 

telephone number: (919) 707–5974, or 

by visiting the Mississippi Department 

of Environmental Quality, 101 W. 

Capitol St., Jackson, MS 39201, contact 

person, Mr. Jimmie Asbill, telephone 

number (601) 961–5164. You may also 

read this document, and certain other 

related documents, by visiting the 

United States Environmental Protection 

Agency, Region 4 Office, 61 Forsyth 

Street, Atlanta, Georgia 30303–8960. 

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–R04–OPPT–2010–0789. The 

official record consists of the documents 

specifically referenced in this action, 

this notice, the State of North Carolina 


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and Mississippi 402(c)(3) and 406(b) 

program authorization applications, any 

public comments received during an 

applicable comment period, and other 

information related to this action. 

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 

important that you identify Docket 

Identification Number EPA–R04–OPPT– 

2010–0789 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: Elizabeth 

Wilde, Technical Contact, Children’s 

Health and Lead Section, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 61 

Forsyth Street, Atlanta, GA 30303–8960. 

3. By person or courier: Deliver your 

comments and hearing requests to: 

Children’s Health and Lead Section, 

Pesticides and Toxic Substances 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

4. By fax: 404–562–8973. 

5. By e-mail: You may submit your 

comments and hearing requests 

electronically by e-mail to: 

wilde.liz@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). 

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–R04–OPPT– 

2010–0789. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. 

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 

about CBI or the procedures for claiming 

CBI, please consult the technical person 

identified under FOR FURTHER

INFORMATION CONTACT. 

E. 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? 

EPA is announcing that the State of 

North Carolina on January 21, 2010, and 

the State of Mississippi on March 30, 

2010, were 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, 15 

U.S.C. 2682(c)(3), and a lead-based paint 

pre-renovation education program in 

accordance with section 406(b) of 

TSCA, 15 U.S.C. 2686(b). This notice 

also announces that EPA is seeking 

comment and providing an opportunity 

to request a public hearing on whether 

both the States’ programs are at least as 

protective as the Federal programs and 

provide 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. The 406(b) program ensures 

that owners and occupants of target 

housing are provided information 

concerning potential hazards of leadbased paint exposure before certain 

renovations are begun. 


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On January 21, 2010, North Carolina 

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 a pre-renovation 

education program in accordance with 

section 406(b) of TSCA, and submitted 

a self-certification that these programs 

are at least as protective as the Federal 

programs and provides for adequate 

enforcement. Therefore, pursuant to 

section 404(a) of TSCA, and 40 CFR 

745.324(d)(2), the North Carolina 

renovation program and pre-renovation 

education program are 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 North Carolina’s program 

application for both programs is at least 

as protective as the Federal programs 

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 

North Carolina 402(c)(3) and 406(b) 

programs, which were deemed 

authorized by EPA on January 21, 2010, 

will continue without further notice 

unless EPA, based on its own review 

and/or comments received during the 

comment period, disapproves one or 

both of these North Carolina program 

applications. 

On March 30, 2010, Mississippi 

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 a pre-renovation 

education program in accordance with 

section 406(b) of TSCA, and submitted 

a self-certification that these programs 

are at least as protective as the Federal 

programs and provides for adequate 

enforcement. Therefore, pursuant to 

section 404(a) of TSCA, and 40 CFR 

745.324(d)(2), the Mississippi 

renovation program and pre-renovation 

education program are 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 Mississippi’s application for 

both programs is at least as protective as 

the Federal programs 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 Mississippi 

402(c)(3) and 406(b) programs, which 

were deemed authorized by EPA on 

May 3, 2010, will continue without 

further notice unless EPA, based on its 

own review and/or comments received 

during the comment period, 

disapproves one or both of these 

Mississippi program applications. 

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. 2681–2692), entitled ‘‘Lead 

Exposure Reduction.’’ On April 22, 

2008, EPA promulgated the final TSCA 

section 402(c)(3) regulations governing 

renovation activities. See 73 FR 21692. 

These 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. On June 1, 1998, EPA 

promulgated the final TSCA section 

406(b) regulations governing prerenovation education requirements in 

target housing. See 63 FR 29908. This 

program ensures that owners and 

occupants of target housing are 

provided information concerning 

potential hazards of lead-based paint 

exposure before certain renovations are 

begun on that housing. In addition to 

providing general information on the 

health hazards associated with exposure 

to lead, EPA developed the lead hazard 

information pamphlet. This pamphlet 

advises owners and occupants to take 

appropriate precautions to avoid 

exposure to lead-contaminated dust and 

debris that are sometimes generated 

during renovations. EPA believes that 

regulation of renovation activities and 

the distribution of the pamphlet 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 prerenovation education program or 

renovation, repair and painting program 

in lieu of the Federal programs. The 

regulations governing the authorization 

of a state program under both sections 

402 and 406 of TSCA are 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 prerenovation education program or 

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 

Summaries 

The following program summary is 

from North Carolina’s self-certification 

application: 

Program Summary; State of North 

Carolina; Renovation, Repair, and 

Painting Program/Lead-Safe Renovator 

Certification Program 

The State of North Carolina has 

implemented a lead-based paint hazard 

management program for renovation, 

repair, and painting in lieu of having a 

Federally administered program apply 

in the State. The Lead-Based Paint 

Hazard Management Program for 

Renovation, Repair and Painting 

(LHMP–RRP) is implemented through 

the North Carolina Department of 

Health and Human Services, Division of 

Public Health, Health Hazards Control 

Unit (NCDHHS). The North Carolina 

Legislature ratified House Bill 1151 on 


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August 11, 2009, granting the North 

Carolina Commission for Public Health 

(CPH) authority to establish Rules. The 

CPH approved the LHMP–RRP 

Temporary Rules on October 30, 2009. 

The LHMP–RRP Rules (10A NCAC 41C 

.0900–.0907) became effective date on 

January 1, 2010, and implementation of 

the Program was effective January 1, 

2010. 

Requirements of the LHMP–RRP 

include the following: accreditation of 

renovation and dust sampling 

technician training providers and 

training courses; certification of 

renovation firms and individuals that 

perform renovations, cleaning 

verification and dust sampling in target 

housing or child occupied facilities; 

required work practice standards for 

lead-based paint renovation activities: 

record retention, information 

distribution and reporting requirements. 

The LHMP–RRP Rules are applicable 

to all persons engaged in renovation 

activities for compensation in target 

housing and child-occupied facilities 

built before 1978. However, an 

individual who performs renovations of 

a residential dwelling that is owned and 

occupied by that person, or that 

person’s immediate family, is exempt 

from the requirements. Definitions are 

adopted from the EPA Federal 

regulation, contained in 40 CFR Part 745 

subparts E and L. The Federal and 

LHMP regulations do not mandate the 

performance of renovation activities, but 

instead establish requirements and 

procedures to follow when renovation 

activities are conducted. 

The LHMP–RRP regulatory 

requirements for the accreditation of 

lead-based paint renovation activities 

training programs are consistent with 

the accreditation of the Federal 

program. Training providers conducting 

training in North Carolina must be 

accredited by the NCDHHS Program. All 

initial and refresher training courses 

conducted in North Carolina must be 

accredited by the NCDHHS Program. 

Several requirements of the state 

program that are not included in the 

Federal program include: a requirement 

that approval of the training program’s 

course is contingent on submittal of an 

application and successfully completing 

an on-site audit, and training providers 

must submit a written notification of 

intent to teach the course in North 

Carolina ten working days prior to the 

start date of the course. 

The state certification requirements 

include the certification of firms and 

individual categories of renovator and 

dust sampling technician. Each 

individual certification category must 

submit an application for certification, 

meet required training course 

requirements and be employed by a 

certified renovation firm when 

conducting renovation activities for 

compensation. 

Work practice standards that are 

required for performing lead-based paint 

renovation activities for compensation 

in target housing or child-occupied 

facilities are equivalent to the work 

practice standards in the Federal 

regulations. 

The LHMP–RRP compliance and 

enforcement elements are comparable to 

the compliance and enforcement 

requirements of the Federal program. As 

in the Federal regulations, the Rules 

provide for the suspension and 

revocation of training provider 

accreditation, training course 

accreditation, firm certification and 

individual certification. Additionally, 

administrative and civil penalties may 

be assessed for violations. Criminal 

actions can also be pursued. The 

renovation firm and individual 

certification requirements assist in 

conducting an effective compliance and 

enforcement program. 

North Carolina’s LHMP–RRP provides 

for establishing reciprocity agreements 

with other states, Tribes, or territories 

with authorized programs which have 

consistent requirements for certification 

of individuals and firms and 

accreditation of training courses and 

providers. The Federal regulations 

encourage states to establish reciprocity 

procedures. 

North Carolina’s LHMP–RRP requires 

that information be provided to the 

person contracting for the renovation 

when an EPA-recognized test kit is used 

to determine the presence of lead-based 

paint prior to the start of renovation 

activities. 

Outreach activities have a high 

priority in the LHMP–RRP. The 

objective of the outreach program is to 

educate and make the public and 

regulated community aware of the 

hazards of lead-based paint and of the 

regulatory requirements applicable to 

lead-based paint renovation activities. 

The overall goal of the outreach program 

is to protect public health and the 

environment from the hazards of leadbased paint. 

The cost of the State program will be 

supported by available Federal grants 

and fees collected by NCDHHS. The 

LHMP–RRP provides for the collection 

of fees and allows for acceptance of 

Federal grants. Fees are assessed for the 

accreditation of training providers and 

training courses, certification of 

renovation firms and dust sampling 

technicians. 

The following program summary is 

from Mississippi’s self certification 

application: 

Program Summary; State of Mississippi; 

Renovation, Repair, and Painting 

Program; Lead-Safe Renovator 

Certification Program 

The State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ), will 

implement the lead-based paint 

Renovation, Repair, and Painting 

Program and the Pre-Renovation 

Education Program. Requirements of the 

programs will include accreditation of 

lead-based paint renovation activities in 

target housing and child-occupied 

facilities, required work practice 

standards for conducting lead-based 

paint renovation activities, and prerenovation education requirements that 

must be followed prior to performing a 

renovation. 

Regulations setting out the procedures 

and requirements for the accreditation 

of lead-based paint activities training 

programs, the certification of 

individuals and firms engaged in leadbased paint renovation activities, the 

work practice standards to be followed 

in performing lead-based paint 

renovation activities and required prerenovation education requirements were 

adopted by the Mississippi Commission 

on Environmental Quality on December 

10, 2009. Requirements under the 

regulations will be applicable beginning 

on the effective date of the regulations. 

Authority to administer and enforce a 

state program as protective as the 

Federal lead-based paint program was 

provided for in the amended ‘‘LeadBased Activity Accreditation and 

Certification Act’’ which was passed by 

the Mississippi Legislature during its 

2009 regular session. 

Mississippi’s lead-based paint 

renovation program regulations are 

applicable to all persons engaged in 

lead-based paint activities in target 

housing and child-occupied facilities. 

However, persons who perform leadbased paint activities within residential 

dwellings they own are exempt from the 

regulations unless the residential 

dwelling is occupied by a person or 

persons other than the owner or owner’s 

immediate family while these activities 

are being performed, or a child having 

an elevated blood lead level resides in 

the building. Also exempt from the 

required work practice standards of the 

regulations are renovations performed 

in target housing if the firm performing 

the renovation has obtained a statement 

signed by the owner that the renovation 

will occur in the owner’s residence, no 

child under age 6 resides there, no 


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pregnant woman resides there, the 

housing is not a child-occupied facility, 

and the owner acknowledges that the 

renovation firm will not be required to 

use the work practices applicable to 

renovation activities. Also, the 

regulations do not require the 

performance of lead-based paint 

renovation activities, but establish 

requirements and procedures to follow 

when lead-based paint renovations are 

performed. 

Pursuant to Mississippi’s statute and 

regulations, each department, agency, 

and instrumentality of the executive, 

legislative, and judicial branches of the 

Federal Government having jurisdiction 

over any property or facility, or engaged 

in any activity resulting, or which may 

result, in a lead-based paint hazard, and 

each officer, agent, or employee thereof 

shall be subject to, and comply with all 

of the requirements of these regulations 

regarding lead-based paint renovation 

activities. 

The State regulatory requirements for 

the accreditation of lead-based paint 

activities training programs are 

consistent with the accreditation 

requirements of the Federal program. 

The Federal model plan was followed in 

developing the State accreditation 

requirements. All initial and refresher 

lead-based paint activities training 

programs must be accredited. Several 

requirements of the State accreditation 

program which are not included in the 

Federal regulations are: (1) A 

requirement that the principal 

instructors and guest instructors 

teaching hands-on work practice 

standards must successfully complete 

the training course requirements of the 

accredited training course to be taught; 

(2) a requirement that training programs 

notify the MDEQ prior to conducting a 

training course; and (3) a requirement 

that approval of a training program’s 

lead-based paint activities course is 

contingent on a satisfactory on-site 

course audit. 

The State renovation certification 

program requirements include the 

certification of firms, renovators and 

dust sampling technicians. The State 

program certification requirements are 

essentially equivalent to the Federal 

requirements. Each certification 

discipline must meet required academic 

and/or experience requirements of the 

State program regulations to be certified. 

The State program will require 

renovators and dust sampling 

technicians to be certified with the 

certification to be renewed annually. 

Certification will enable the program to 

ensure individuals performing as 

renovators and dust sampling 

technicians are properly trained and 

qualified to perform those activities. 

Yearly renewals will enable the State 

program to conduct a more effective 

certification program. The certification 

will assist the program inspectors in 

assuring qualified individuals are on the 

work site. 

The State program work practice 

standards that must be followed by 

persons performing lead-based paint 

renovation activities in target housing 

and child-occupied facilities are 

equivalent to the work practice 

standards in the Federal regulations. 

The work practice standards in the 

Federal regulations were followed in 

developing the State work practice 

standards. An additional requirement of 

the State program (which is not 

included in the Federal program) 

requires the filing of a project 

notification, in writing, prior to the 

commencement of any lead-based paint 

renovation activity. The project 

notification requirement will assist in 

conducting an effective compliance and 

enforcement program. 

The State program provides for 

establishing reciprocity arrangements 

with other states and/or Indian Tribes 

with authorized programs which have 

certification, educational, and 

experience requirements consistent with 

those of the State of Mississippi and 

which grants equal certificating and 

accreditation privileges to persons 

certified and training programs 

accredited in Mississippi. This 

provision is consistent with the Federal 

regulations which encourage states to 

establish reciprocity procedures. 

The State renovation program will 

include the pre-renovation education 

program requirements of the Federal 

Pre-Renovation Education (PRE) 

program. These program requirements 

were adopted by the legislature during 

the 2009 legislative session. The 

pamphlet, Renovate Right: Important 

Lead Hazard Information for Families, 

Child Care Providers and Schools, must 

be distributed per the regulations prior 

to the beginning of any renovation 

project by a firm. Outreach activities 

have a high priority in the State 

program. The objective of the outreach 

program is to educate and make the 

public and regulated community aware 

of the hazards of lead-based paint. The 

outreach program will also inform the 

public and regulated community of the 

regulatory requirements applicable to 

lead-based paint activities. The overall 

goal of the outreach program is to 

protect the environment and health of 

the people within the State. 

The cost of the State program will be 

supported by Federal grants and fees. 

The fees will be assessed for 

certification of individuals and firms, 

accreditation of training programs and 

renovations projects. 

The Mississippi Commission on 

Environmental Quality and the 

Mississippi Department of 

Environmental Quality have adequate 

authority to administer and enforce all 

regulatory requirements of the State 

program. The enforcement authorities 

provided by State statutes and 

regulations are adequate to ensure the 

State program is as protective as the 

Federal program. The compliance and 

enforcement elements of the State 

program are comparable to the 

compliance and enforcement elements 

of the Federal program. As provided for 

in the Federal program, the State 

program provides for the suspension, 

revocation, or modification of training 

program accreditation and certifications 

of individuals and firms. 

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 745 

Environmental protection, Hazardous 

substances, Lead Poisoning, Reporting 

and recordkeeping requirements. 

Dated: August 11, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–23257 Filed 9–9–11; 8:45 am] 

BILLING CODE 6560–50–P 


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