Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 1799 

(July 20, 2011, 76 FR 43490) (Biogenic 

CO2 Deferral Rule). Idaho’s update to 

incorporate by reference the EPA’s PSD 

permitting rules as of July 1, 2012, 

includes this revision to 40 CFR 

52.21(b)(49)(ii)(a). On July 12, 2013, the 

U.S. Court of Appeals for the District of 

Columbia, in Center for Biological 

Diversity v. EPA, No. 11–1101 (D.C. Cir. 

July 12, 2013), vacated the Biogenic CO2

Deferral Rule. At this time, the Court 

has not issued the mandate in this case 

and the vacatur is therefore not in effect. 

In light of this situation, we are 

proposing to take no action on Idaho’s 

incorporation by reference of the 

revision to 40 CFR 52.21(b)(49)(ii)(a) at 

this time. 

The EPA is proposing to approve all 

other aspects of Idaho’s incorporation 

by reference of 40 CFR 52.21 as of July 

1, 2012 in IDAPA 58.01.01.107.03(c), 

other than those discussed in Sections 

II.B.2 and II.B.3 of this proposal. 

III. Proposed Action 

The EPA is proposing to partially 

approve the May 9, 2013, submittal from 

Idaho to update the incorporation by 

reference of Federal air quality 

regulations into the SIP and make minor 

edits and clarifications. Specifically, we 

are proposing to approve the revisions 

to IDAPA 58.01.01.107.03 

‘‘Incorporations by Reference,’’ except 

as noted below; IDAPA 58.01.01.006 

‘‘General Definitions;’’ IDAPA 

58.01.01.220 ‘‘General Exemption 

Criteria for Permit to Construct 

Exemptions;’’ and IDAPA 58.01.01.222 

‘‘Category II Exemption.’’ The EPA is 

proposing to grant limited approval, as 

SIP strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

NSR requirements at 40 CFR 51.165 that 

have been recently remanded to the EPA 

by a court. 

We are proposing to partially 

disapprove the revision to IDAPA 

58.01.01.107.03(c) as it relates to the 

incorporation by reference of specific 

vacated provisions at 40 CFR 52.21 

(namely, 40 CFR 52.21(i)(5)(i)(c) and 40 

CFR 52.21(k)(2)). We are proposing to 

take no action on the revision to IDAPA 

58.01.01.107.03(c) as it relates to the 

incorporation by reference of the 

vacated revision to 40 CFR 

52.21(b)(49)(ii)(a). Upon final action, the 

Idaho SIP would incorporate by 

reference specific Federal regulations as 

of July 1, 2012. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule 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 the 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, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: December 30, 2013. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2014–00274 Filed 1–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–R06–OPPT–2013–0398; FRL–9905– 

14–Region 6] 

Lead-Based Paint Renovation, Repair 

and Painting, and Pre-Renovation 

Education Activities in Target Housing 

and Child Occupied Facilities; 

Oklahoma; Notice of Self-Certification 

Program Authorization, and Request 

for Public Comment on SelfCertification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Self-certification program 

authorization and request for comments. 

SUMMARY: This document announces 

that on March 25, 2013, the State of 

Oklahoma 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 (RRP) and a lead-based paint 

pre-renovation education program (PRE) 

in accordance with 406(b) of TSCA. 

This document also announces that EPA 

is seeking comment during a 45-day 

public comment period on the State of 

Oklahoma’s self-certification. This 

document also announces that the 

authorization of the Oklahoma 402(c)(3) 

and 406(b) programs, which was 

deemed authorized by regulation and 

statute on March 25, 2013, will continue 

without further notice unless EPA, 

based on its own review and/or 

comments received during the comment 

period, disapproves this Oklahoma 

program application. 

DATES: Comments identified by Docket 

Control Number EPA–R06–OPPT–2013– 

0398, must be received on or before 

February 24, 2014. 

ADDRESSES: Comments may be 

submitted by mail, electronically, or in 

person. Please follow the detailed 

instructions for each method as 

provided in Section I of this notice. 

SUPPLEMENTARY INFORMATION: To ensure 

proper receipt by EPA, it is important 

that you identify Docket Control 

Number EPA–R06–OPPT–2013–0398 in 

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the subject line on the first page of your 

response. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Parker, Toxics Section, Toxics, 

Pesticides and Underground Storage 

Tanks Branch, Multimedia Planning and 

Permitting Division, United States 

Environmental Protection Agency, 1445 

Ross Avenue, Ste 1200, Dallas, Texas 

75202–2733. 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.mailto: 

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 State of Oklahoma. 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 Oklahoma 

Department of Environmental Quality, 

Central Records, 707 North Robinson 

Street, Oklahoma City, Oklahoma 

73102. You should arrange your visit to 

the ODEQ office by contacting Rhonda 

Craig, 405–702–0152, or by email at 

Rhonda.Craig@deq.ok.gov. 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, TX 75202. 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–2013–0398. The official record 

consists of the documents specifically 

referenced in this action, this notice, the 

State of Oklahoma 402(c)(3) and 406(b) 

program authorization applications, 

documents related to EPA’s offer to 

consult with any affected Tribes in 

Oklahoma, 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–R06–OPPT– 

2013–0398 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, United States 

Environmental Protection Agency, 1445 

Ross Avenue, Ste 1200, Dallas, Texas 

75202–2733. 

3. By person or courier: Deliver your 

comments and hearing requests to: 

Cindy Parker, Toxics Section, 

Multimedia Planning and Permitting 

Division, United States Environmental 

Protection Agency, 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). 

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– 

2013–0398. 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 

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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 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. 

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 

Oklahoma on March 25, 2013, was 

deemed authorized under section 404(a) 

of TSCA, 15 U.S.C. 2684(a) 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 on Oklahoma’s selfcertification. 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 lead-based paint 

exposure before certain renovations are 

begun. 

On March 25, 2013, Oklahoma 

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 provide for adequate 

enforcement. Therefore, pursuant to 

section 404(a) of TSCA, and 40 CFR 

745.324(d)(2), the Oklahoma 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 

and an opportunity for public comment 

on Oklahoma’s self-certification. The 

authorization of the Oklahoma 402(c)(3) 

and 406(b) programs, which were 

deemed authorized by EPA on March 

25, 2013, 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 

Oklahoma program applications. 

Oklahoma is not authorized to carry out 

its RRP or PRE programs in ‘‘Indian 

Country’’, as defined in 18 USC 1151. 

Therefore, this action has no effect on 

Indian country. EPA retains the 

authority to implement and administer 

the RRP and PRE programs on these 

lands. 

In accordance with the EPA policy on 

Consultation and Coordination with 

Indian Tribes, EPA Region 6 has offered 

government-to-government consultation 

to all Tribes within the State of 

Oklahoma. Any requested consultations 

will be conducted in accordance with 

the policy and completed by the date of 

the end of the public comment period 

February 24, 2014. Tribal consultation 

will be conducted in accordance with 

the EPA policy on Consultation and 

Coordination with Indian Tribes 

(www.epa.gov/tribal/consultation/

consult-policy.htm). 

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 

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1802 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 

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 

A. The following excerpt is from the 

renovation, repair and painting program 

description submitted in Oklahoma’s 

self-certification application: 

The Oklahoma Department of 

Environmental Quality (DEQ) submits 

this application with the intent of selfcertifying for authorization of the 

federal Renovation, Repair and Painting 

(RRP) program, along with the PreRenovation Education program. The 

Department of Environmental Quality 

(DEQ) currently administers a 

comprehensive lead-based paint (LBP) 

management program in Oklahoma with 

the authority of the ‘‘Oklahoma LBP 

Management Act’’ (Act), 27A Okla Stat. 

(O.S.) § 2–12–101 et seq. The LBP 

Management Rules, Okla. Admin. Code 

(OAC) 252:110–1–1 et seq. (Chapter 110) 

were adopted to fulfill the mandates of 

the Act. The Chapter 110 rules establish 

mechanisms for certification of 

individuals and firms, accreditation of 

training providers, and implementation 

of performance standards for LBP 

services. Chapter 110 was updated, and 

a new Subchapter 15 was added in 2012 

to allow the DEQ to seek delegation of 

the RRP program. 

In general, the RRP provisions in 40 

CFR Part 745 Subpart E were 

incorporated by reference into the 

Oklahoma Administrative Code. The 

items not incorporated by reference are 

those that are otherwise mandated by 

the Act, or that were modified to blend 

the RRP program into the existing state 

program. The differences are minor and 

all concern the accreditation of training 

providers. 

The LBP/RRP program is 

administered by the Air Quality 

Division of the DEQ. The point of 

contact for this program is Randall 

Ward, Environmental Programs 

Manager, who can be reached by mail at 

Oklahoma Department of Environmental 

Quality, Air Quality Division, P.O. Box 

1677, 707 N. Robinson, Oklahoma City, 

OK 73101–1677, by telephone at (405) 

702–4128 or by fax at (405) 702–4101. 

Public rulemaking hearings for the 

adoption of the RRP program were held 

in conjunction with approval of the 

revised Chapter 110 rules, and the rules 

were affirmatively approved by the 

Oklahoma State Legislature and the 

Governor on May 1, 2012. Public 

hearings were noticed in accordance 

with the Oklahoma Administrative 

Procedures Act, and were held on 

January 19, 2011; July 20, 2011; and 

October 5, 2011 before the Oklahoma 

Air Quality Council. The rules were 

approved by the Council on October 5, 

2011, and after another public hearing 

on February 24, 2012 were approved by 

Oklahoma Environmental Quality 

Board. 

The Air Quality Division (AQD) has 

existed (within the Oklahoma State 

Department of Health and later within 

the DEQ) since 1971. The LBP Program 

is administered by the AQD and staffed 

by the Technical Resources and Projects 

Section. The various LBP program 

duties (enforcement, compliance, 

inspections, certification, accreditation, 

public education) are accomplished 

through the efforts of three full-time 

equivalent employees. 

For both LBP activity training and the 

RRP training, the Oklahoma LBP 

Management Rules (Rules) incorporate 

by reference the federal accreditation 

requirements in 40 CFR 745.225, except 

for those subsections that address 

application dates, accreditation 

deadlines, accredited training courses, 

programs that offer only refresher 

courses, renewal timelines, and renewal 

deadlines. In addition to providing the 

various dates, timelines and deadlines 

not incorporated by reference from the 

federal rule, the Rules limit 

accreditation to educational institutions 

and government agencies that offer 

ongoing and continuous LBP training 

programs. In addition to the 

incorporations by reference, Oklahoma 

rules provide for provisional 

accreditation, OAC 252:110–9–5. A 

stakeholder task force strongly 

recommended an on-site evaluation of 

the training prior to issuing final 

accreditation in order to ensure that the 

training organization operates according 

to the information given in the 

accreditation application. Provisional 

accreditation allows the training facility 

to provide training under the conditions 

outlined in OAC 252:110–9–5. EPA 

rules do not provide for an on-site 

evaluation of the training program prior 

to the issuance of final accreditation. 

Therefore, Oklahoma’s provisional 

accreditation is essentially equivalent to 

EPA’s final accreditation. DEQ further 

ensures quality training by requiring an 

on-site evaluation before final 

accreditation is issued. 

Refresher courses can be accredited 

only if the training program has 

received accreditation for the initial 

discipline-specific training course. 

Programs that have been accredited by 

another state or agency must apply for 

and receive accreditation from DEQ 

before conducting or advertising a 

training course in Oklahoma. An 

accredited training program must notify 

the DEQ of course offerings, significant 

changes in the program, course 

cancellations, and personnel changes. 

Annual renewal is required and is based 

on documented implementation of 

compliance updates as well as 

satisfactory course and instructor 

evaluations. 

The Oklahoma RRP program is 

identical to the federal program except 

for the accreditation requirements. 

Program Elements 

a. Public Information and Outreach 

Program information (applications, 

regulations, statutes, lists of certified 

contractors, educational materials, etc.) 

is mailed to customers upon request. 

Increasingly, most of this information 

can be obtained through the Internet. 

The LBP Program pages are contained in 

the ‘‘Air Quality’’ subset of the DEQ 

Home Page (http://www.deq.state.ok.us). 

As program resources allow, and 

dependent on public demand, public 

outreach and education activities are 

performed. 

b. Accreditation of Training Providers 

The federal program for accreditation 

of LBP training providers is established 

in 40 CFR 745.225. DEQ incorporated 

this federal rule by reference in OAC 

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252:110–5–1(2) with the following 

exceptions. 

745.225(a)(2), which refers to 

application dates, 

745.225(a)(3), which refers to 

accreditation deadlines, 

745.225(f)(1), which refers to timelines 

for renewal of accreditation of 

training programs, and 

745.225(f)(2), which refers to renewal 

accreditation deadlines. 

27A O.S. 2–12–303(D) establishes an 

annual renewal year for 

accreditations from September 1 

through August 31. Likewise, 

accreditation timelines are 

established in OAC 252:110–7–2(c). 

In addition to incorporating by 

reference 745.225(f)(3) and (f)(4), 

DEQ provides criteria for reaccreditation of training programs 

at OAC 252:110–9–7. 

745.225(b)(3), which refers to accredited 

training courses, and 

745.225(e)(5), which refers to training 

programs offering refresher training 

courses. 

These federal rules permit a training 

program to offer refresher courses only. 

Per the eligibility requirements 

established in OAC 252:110–9–1, 

‘‘Training programs shall not receive 

accreditation for a refresher course if 

they do not also receive accreditation 

for the discipline-specific initial 

training course.’’ This section also limits 

accreditation to ‘‘educational 

institutions and government agencies’’. 

c. Certification of Individuals and Firms 

Under the federal RRP program as 

incorporated by reference in the 

Oklahoma regulations, individuals 

receive their certification by completing 

courses at accredited training providers. 

RRP firms are certified by the state using 

the federal procedure except for the 

transition period from EPA to Oklahoma 

delegation. In that period, EPA certified 

firms may transfer their certification to 

Oklahoma without payment of fees until 

the certification expires. 

d. Enforcement and Compliance 

The Oklahoma RRP program will rely 

heavily upon DEQ’s Complaints system. 

Since 1993 the state-wide complaints 

program has allowed citizens access to 

a toll-free hotline and local 

Environmental Program Specialists who 

can provide assistance and information. 

The complaints system is also important 

to the LBP activities programs as it 

allows industry competitors access to an 

anonymous reporting system. 

Although the DEQ prefers education 

and compliance assistance for small 

businesses, the LBP/RRP program is 

fully supported by the DEQ’s 

enforcement authority. DEQ has the 

statutory authority to perform 

inspections, pursue enforcement 

actions, and assess penalties. 

Authority To Enter 

State law (27A O.S. § 2–3–501) grants 

the authority for duly authorized 

representatives of the DEQ to enter, 

through consent or warrant, any private 

or public property where lead-based 

paint activities or training may occur to 

conduct inspections, take samples, and 

review records. Further, the Oklahoma 

LBP Management Act grants DEQ the 

power to enforce the rules, collect 

samples for enforcement purposes, and 

otherwise exercise the incidental 

powers necessary for enforcement. See 

27A O.S. § 2–12–202(B). DEQ has 

further addressed the issue of entrance 

for inspection purposes in OAC 

252:110–7–3(c), whereby holders of 

DEQ issued ‘‘authorizations’’ (such as 

certifications and accreditations) have a 

duty to allow DEQ representatives the 

right to inspect. 

Enforcement Remedies 

All environmental programs 

administered by DEQ are designed to 

focus agency efforts on assisting the 

regulated community with the common 

goal of compliance with environmental 

regulations. Article III, Part 5 of the 

‘‘Oklahoma Environmental Quality 

Code,’’ (27A O.S. § 2–1–102, et seq.), 

provides for the general enforcement of 

the DEQ rules, permits, and orders and 

extends to all programs administered by 

the DEQ (27A O.S. § 2–3–506(D)). The 

aforementioned remedies are in 

addition to those found in other 

Oklahoma law, including criminal 

statutes contained in Title 21 of the 

Oklahoma Statutes. The civil 

enforcement remedies include: 

i. Letters and Notices 

Notices of Violation. 27A O.S. § 2–3– 

502(A). 

ii. Penalty Authority 

The DEQ may issue Administrative 

Compliance Orders, which may include 

administrative penalties for past 

violations and stipulated penalties for 

violations of Orders, and which may 

specify compliance requirements and 

schedules and/or corrective action (27A 

O.S. § 2–3–502(B)). After notice and 

opportunity for an administrative 

hearing, the DEQ may revoke, modify or 

suspend the holder’s license in part or 

in whole (27A O.S. § 2–3–502(D)). The 

DEQ may also seek injunctive relief to 

compel compliance with or prevent 

violation of any section of the Code or 

any license or order issued pursuant 

thereto (27A O.S. § 2–3–504(A)(4)). 

Violations may be punished by 

monetary penalties assessed in 

administrative proceedings (27A O.S. 

§ 2–3–502(K)), or in civil proceedings 

(27A O.S. § 2–3–504(A)(2)), not to 

exceed $10,000.00 per day of 

noncompliance. 

iii. Criminal Authority 

The DEQ may request either the 

Attorney General or the district attorney 

of the appropriate district court of 

Oklahoma to criminally prosecute 

anyone who violates the Code, rules 

promulgated thereunder, or orders 

issued, or conditions of permits, 

licenses, certificates or other 

authorizations prescribed pursuant 

thereto (27A O.S. § 2–3–504(I)). Such 

violations are misdemeanors, 

punishable by a fine of not less than 

$200.00 for each violation and not more 

than $10,000.00 for each violation and/ 

or by imprisonment in the county jail 

for not more than six months (27A O.S. 

§ 2–3–504(A)(1)). In addition, anyone 

who knowingly makes a false statement 

in, or omits material data from, any 

application for a permit, license, 

certificate or other authorization, or any 

notice, analyses or report required by 

the Code, rules promulgated thereunder, 

or permit, license, certificate or other 

authorization issued pursuant thereto, 

or who knowingly alters any sample 

may be guilty of a misdemeanor and 

subject to a fine of not more than 

$5,000.00 for each such violation (27A 

O.S. § 2–3–505). Criminal sanctions may 

also be imposed pursuant to Oklahoma’s 

Penal Code. For example, persons who 

make false statements when advertising 

a service can be guilty of a misdemeanor 

under 21 O.S. § 1502. Whether a 

violation will be recommended for 

criminal prosecution is a case-by-case 

decision to be based upon the 

willfulness and severity of the violation 

as well as the effect on human health 

and the environment. 

B. The following summary is an 

excerpt from Oklahoma’s renovation, 

repair and painting program selfcertification application: 

Because the Oklahoma Lead-Based 

Paint program already included EPAapproved training provider elements 

that are considerably more stringent 

than the federal program, Oklahoma 

chose to maintain that portion of the 

Lead-Based Paint program for use with 

the new RRP program. The differences 

include: Requirements that only 

educational institutions and government 

agencies may become accredited; 

providers must offer on-going programs 

that include both initial and refresher 

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1804 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 

training; and requirements for 

inspections, annual reviews, and 

renewal. Fees for training providers 

were also modified so that the annual 

renewal would not lead to a fee increase 

over the EPA program. 

During the public hearings before the 

Air Quality Council, concerns were 

raised that the DEQ RRP program would 

cause financial hardship on renovation 

firms and training providers that were 

already approved by EPA at the time of 

delegation approval and might have 

several years left before they were 

required to renew under the EPA 

program. In response, the proposed 

rules were amended to include 

transition language exempting EPAapproved firms and training providers 

from fees until the expiration of their 

EPA-approval. 

The Oklahoma RRP program will 

utilize the existing accreditation 

structure of inspections and close 

review to ensure a quality training 

system. The existing DEQ enforcement 

system will also apply to the RRP 

program, but for the RRP firms and their 

work practices, much of the 

enforcement will come through the DEQ 

complaint system. The complaint 

system uses a toll-free state wide 

number, strict timelines for response 

and investigation, and referral to the 

various DEQ divisions for expert followup. The DEQ complaint system is wellestablished and has proven effective in 

all programs, including the Oklahoma 

LBP activities program. The activities 

program provides a network of 

individuals and firms throughout the 

state that also self-monitor to assist in 

compliance. 

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: December 19, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–00270 Filed 1–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 100 

RIN 0906–AB00 

National Vaccine Injury Compensation 

Program: Revisions to the Vaccine 

Injury Table 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice of public hearing. 

SUMMARY: This document announces a 

public hearing to receive information 

and views on the Notice of Proposed 

Rulemaking (NPRM) entitled ‘‘National 

Vaccine Injury Compensation Program: 

Revisions to the Vaccine Injury Table.’’ 

DATES: The public hearing will be held 

on January 13, 2014, from 10:30 a.m.– 

12 p.m. (EDT). 

ADDRESSES: The public hearing will be 

held in Conference Room 10–65 in the 

Parklawn Building, 5600 Fishers Lane, 

Rockville, Maryland 20857. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Vito Caserta, Acting Director, Division 

of Vaccine Injury Compensation, at 855– 

266–2427 or by email vcaserta@

hrsa.gov. 

SUPPLEMENTARY INFORMATION: The 

National Childhood Vaccine Injury Act 

of 1986, Title III of Public Law 99–660, 

as amended (42 U.S.C. 300aa–10 et 

seq.), established the National Vaccine 

Injury Compensation Program (VICP) for 

persons found to be injured by vaccines. 

The Secretary has taken the necessary 

initial steps to propose to amend the 

Vaccine Injury Table to add 

intussusception as an injury associated 

with rotavirus vaccines. 

The NPRM was published in the 

Federal Register, July 24, 2013: 78 FR 

44512. The public comment period 

closes January 21, 2014. 

A public hearing will be held during 

the 180-day public comment period. 

This hearing is to provide an open 

forum for the presentation of 

information and views concerning all 

aspects of the NPRM by interested 

persons. 

In preparing a final regulation, the 

Secretary will consider the 

administrative record of this hearing 

along with all other written comments 

received during the comment period 

specified in the NPRM. Individuals or 

representatives of interested 

organizations are invited to participate 

in the public hearing in accord with the 

schedule and procedures set forth 

below. 

The hearing will be held on January 

13, 2014, beginning at 10:30 a.m. and 

ending at 12 p.m. (EDT) in Conference 

Room 10–65 in the Parklawn Building, 

5600 Fishers Lane, Rockville, Maryland 

20857. Upon entering the Parklawn 

Building, persons who wish to attend 

the hearing will be required to call Ms. 

Andrea Herzog at (301) 443–6634 to be 

escorted to Conference Room 10–65. 

The public can also join the meeting 

via audio conference call: 

Audio Conference Call: Dial 800–369– 

3104 and provide the following 

information: 

Leader’s Name: Dr. Vito Caserta 

Password: HRSA 

The presiding officer representing the 

Secretary, HHS will be Dr. Vito Caserta, 

Acting Director, Division of Vaccine 

Injury Compensation, Healthcare 

Systems Bureau (HSB), Health 

Resources and Services Administration. 

Persons who wish to participate are 

requested to file a notice of participation 

with the Department of Health and 

Human Services (HHS) on or before 

January 9, 2014. The notice should be 

mailed to the Division of Vaccine Injury 

Compensation, HSB, Room 11C–26, 

Parklawn Building, 5600 Fishers Lane, 

Rockville, Maryland 20857 or emailed 

to aherzog@hrsa.gov. To ensure timely 

handling, any outer envelope or the 

subject line of an email should be 

clearly marked ‘‘VICP NPRM Hearing.’’ 

The notice of participation should 

contain the interested person’s name, 

address, email address, telephone 

number, any business or organizational 

affiliation of the person desiring to make 

a presentation, a brief summary of the 

presentation, and the approximate time 

requested for the presentation. Groups 

that have similar interests should 

consolidate their comments as part of 

one presentation. Time available for the 

hearing will be allocated among the 

persons who properly file notices of 

participation. If time permits, interested 

parties attending the hearing who did 

not submit notice of participation in 

advance will be allowed to make an oral 

presentation at the conclusion of the 

hearing. 

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