Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules 31871 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–R08–OPPT–2015–0044; FRL–9928– 

31–Region–8] 

Lead-Based Paint Renovation, Repair 

and Painting Activities in Target 

Housing and Child-Occupied Facilities; 

State of Utah; Notice of SelfCertification Program Authorization 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Self-certification program 

authorization; request for comments and 

opportunity for public hearing. 

SUMMARY: This document announces 

that on April 20, 2010, the State of Utah 

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 (RRP) program in 

accordance with section 402(c)(3) of 

TSCA. This document also announces 

that the Environmental Protection 

Agency (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 Utah’s program is at least as 

protective as the federal program and 

provides for adequate enforcement. This 

document also announces that the 

authorization of the Utah 402(c)(3) 

program, which was deemed authorized 

by regulation and statute, will continue 

without further notice unless the EPA, 

based on its own review and/or 

comments received during the comment 

period, disapproves the Utah program 

application. 

DATES: Comments, identified by docket 

identification (ID) number EPA–R08– 

OPPT–2015–0044, must be received on 

or before July 20, 2015. In addition, a 

public hearing request must be 

submitted on or before June 19, 2015. 

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. General 

Information of the SUPPLEMENTARY

INFORMATION. To ensure proper receipt 

by the EPA, it is important that you 

identify docket ID number EPA–R08– 

OPPT–2015–0044 in the subject line on 

the first page of your response. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Reichmuth, Technical Contact, 

Lead, Pesticides and Children’s Health 

Unit, Partnerships and Environmental 

Stewardship Program, Office of 

Partnerships and Regulatory Assistance, 

United States Environmental Protection 

Agency, Region 8, 1595 Wynkoop Street 

(8P–PES), Denver, Colorado 80202; 

telephone: (303) 312–6966; or email: 

reichmuth.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

II. Background 

III. State Program Description Summary 

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 in the State of Utah. 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: The EPA has 

established an official record for this 

action under docket ID number EPA– 

R08–OPPT–2015–0044. The official 

record consists of the documents 

specifically referenced in this action, 

this document, the State of Utah 

402(c)(3) program authorization 

application, any public comments 

received during an applicable comment 

period, and other information related to 

this action, including any information 

claimed as Confidential Business 

Information (CBI). 

All documents in the official record 

are listed in the docket index available 

at http://www.regulations.gov. 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 electronically at 

http://www.regulations.gov or, if only 

available in hard copy, at the addresses 

listed below. 

2. In person: You may read this 

document and related documents by 

visiting the Utah Department of 

Environmental Quality (UDEQ), 

Division of Air Quality (DAQ), 195 

North 1950 West, 4th Floor, Salt Lake 

City, Utah, 84116. You should arrange 

your visit to the UDEQ office by 

contacting Robert Ford at (801) 536– 

4451 or by email at rwford@utah.gov. 

You may also read this document and 

related documents by visiting the EPA 

Region 8 Office at 1595 Wynkoop Street, 

Denver, Colorado, 80202. You should 

arrange your visit by contacting 

Michelle Reichmuth at (303) 312–6966 

or by email at reichmuth.michelle@

epa.gov. 

C. How and to whom do I submit 

comments? 

You may submit comments 

electronically, through the mail, or in 

person. To ensure proper receipt by the 

EPA, it is important that you identify 

docket ID number EPA–R08–OPPT– 

2015–0044 in the subject line on the 

first page of your response. 

1. Electronically: You may submit 

your comments and hearing requests 

electronically by email to: 

reichmuth.michelle@epa.gov or through 

http://www.regulations.gov, or mail 

your computer disk to the address 

identified below. Do not submit any 

information electronically that you 

consider to be 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. 

2. By mail: Submit your comments 

and hearing requests to Michelle 

Reichmuth, EPA Region 8, 1595 

Wynkoop Street (8P–PES), Denver, 

Colorado 80202. 

3. By person or courier: Deliver your 

comments and hearing requests to: EPA 

Region 8, 1595 Wynkoop Street (8P– 

PES), Denver, Colorado 80202. The 

regional office is open from 8 a.m. to 5 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the regional office is (303) 312–6312. 


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D. How should I handle CBI information 

that I want to submit to the agency? 

You may claim information that you 

submit to the EPA in response to this 

document as CBI by marking any part or 

all of that information as CBI. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 

version of the official record. 

Information not marked confidential 

will be included in the public version 

of the official record without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified 

under FOR FURTHER INFORMATION

CONTACT. 

E. What should I consider as I prepare 

my comments for the 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 

document. 

8. To ensure proper receipt by the 

EPA, identify docket ID number EPA– 

R08–OPPT–2015–0044 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? 

The EPA is announcing that the State 

of Utah was deemed authorized under 

section 404(a) of TSCA, 15 United States 

Code (U.S.C.) 2684(a) and 40 CFR 

745.324(d)(2), to administer and enforce 

requirements for an RRP program in 

accordance with section 402(c)(3) of 

TSCA, 15 U.S.C. 2682(c)(3) on April 20, 

2010. The 402(c)(3) program ensures 

that training providers are accredited to 

teach renovation classes, that 

individuals performing renovation 

activities are properly trained and 

certified as renovators, that firms are 

certified as renovation firms, and that 

specific work practices are followed 

during renovation activities. On April 

20, 2010, Utah submitted an application 

under section 404 of TSCA requesting 

authorization to administer and enforce 

requirements for an RRP program in 

accordance with section 402(c)(3) of 

TSCA. Utah’s application included selfcertification that the program is at least 

as protective as the federal program and 

provides for adequate enforcement. 

Therefore, pursuant to section 404(a) of 

TSCA and 40 CFR 745.324(d)(2), the 

Utah RRP program is deemed 

authorized as of the date of submission 

and until such time as the agency 

disapproves the program application or 

withdraws program authorization. On 

May 2, 2012, the Utah Air Quality Board 

(Board) adopted proposed UDEQ DAQ 

lead-based paint administrative rule 

changes with an effective date of May 3, 

2012. The changes reflect EPA rule 

amendments through August 5, 2011 (76 

FR 47918). Pursuant to section 404(b) of 

TSCA and 40 CFR 745.324(e)(2), the 

EPA is providing notice, opportunity for 

public comment and opportunity for a 

public hearing on whether the state 

program application and subsequent 

administrative rule changes are at least 

as protective as the federal program and 

provide for adequate enforcement. If a 

hearing is requested and granted, the 

EPA will issue a Federal Register notice 

announcing the date, time and place of 

the hearing. The authorization of the 

Utah 402(c)(3) program, which was 

deemed authorized by regulation and 

statute on April 20, 2010, will continue 

without further notice unless the EPA, 

based on its own review and/or 

comments received during the comment 

period, disapproves the program 

application. 

B. What is the 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. 2601–2695d) by adding Title IV 

(15 U.S.C. 2681–2692), entitled ‘‘Lead 

Exposure Reduction.’’ On April 22, 

2008, the EPA promulgated the final 

TSCA section 402(c)(3) regulations 

governing renovation activities (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. The EPA believes that 

regulation of renovation activities will 

help to reduce the exposures that cause 

serious lead poisonings, especially in 

children under age 6 who are 

particularly susceptible to the hazards 

of lead. 

Under section 404 of TSCA, a state 

may seek authorization from the EPA to 

administer and enforce its own RRP 

program in lieu of the federal program. 

The regulation governing the 

authorization of a state program under 

section 402 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 the 

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 RRP 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 

is withdrawn, however, if the EPA 

disapproves the application or 

withdraws the program authorization. 

III. State Program Description 

Summary 

The following sections are from the 

legislative and administrative rule 

summaries and the general program and 

enforcement and compliance program 

descriptions submitted in the UDEQ 

DAQ’s TSCA 402(c) RRP Rule Program 

Authorization Application: 

A. Legislative Summary 

During the 1998 Utah legislative 

session, Senate Bill 118 (SB 118) was 

unanimously passed by both the House 

and the Senate. SB 118 amended Utah 


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Code Annotated (UCA) section 19–2– 

104 of the Utah Air Conservation Act 

which provides authority for the Board 

to make administrative rules for a Utah 

lead-based paint program. The 

legislation specifically gives authority to 

the Board to make rules for training, 

certification and performance 

requirements in accordance with TSCA 

sections 402 and 404. SB 118 also 

provides the Board with the authority to 

establish work practice, certification 

and clearance sampling requirements 

for persons who conduct lead-based 

paint inspections in facilities subject to 

TSCA Title IV. 

The Utah Attorney General’s Office 

reviewed the content of SB 118 prior to 

enactment and determined that SB 118 

would provide the Board with the 

necessary legislative authority to 

develop a Utah lead-based paint 

program that is as protective as the 

federal lead-based paint program (40 

CFR part 745). 

B. Administrative Rule Summary 

On January 6, 2010, the UDEQ DAQ 

provided the Board with a proposed 

modification to the existing 

administrative rule (Utah 

Administrative Code (UAC) R307–840— 

Lead-Based Paint Accreditation, 

Certification and Work Practice 

Standards) to establish the rules 

necessary for the Utah lead-based paint 

program to administer 40 CFR part 745 

subpart E—Residential Property 

Renovation which is otherwise known 

as the RRP rule. UAC R307–840, R307– 

841 and R307–842 substantially adopt 

40 CFR part 745 subpart E by reference. 

On April 7, 2010, the UDEQ DAQ 

reported back to the Board that no 

public comments were received during 

the public hearing period. The Board 

subsequently adopted the UDEQ DAQ 

proposed modifications to the existing 

version of UAC R307–840 with an 

effective date of April 8, 2010. 

UAC R307–840, R307–841 and R307– 

842 incorporate the federal regulation 

with a few modifications to facilitate 

lead-based paint program 

implementation by the State of Utah. 

The UDEQ DAQ considers these 

modifications necessary to implement 

an effective lead-based paint program 

and also considers these modifications 

to be as protective to human health and 

the environment as the federal leadbased paint program. The following 

paragraphs provide a brief summary of 

the three sections in UAC R307–840. 

Each section will identify which parts of 

the federal regulations in 40 CFR part 

745 subpart E are adopted by reference 

and gives a brief overview of the 

contents of each section. 

Throughout UAC R307–840, R307– 

841, and R307–842, where appropriate, 

references to the ‘‘EPA’’ (the U.S. 

Environmental Protection Agency) have 

been replaced with ‘‘the Executive 

Secretary’’ (meaning Executive 

Secretary of the Utah Air Quality Board) 

when ‘‘EPA’’ is used for lead-based 

paint program administrative activities. 

1. UAC R307–840—Lead-Based Paint 

Program Purpose, Applicability and 

Definitions 

This section substantially adopts 40 

CFR 745.83 and 745.220 by reference. 

Where appropriate, references to federal 

rules were replaced with the 

corresponding reference to the UDEQ 

DAQ lead-based paint rule. 

Additionally, identical provisions that 

had separate definitions in different 

subparts of the federal regulation were 

replaced by the most stringent 

definition. 

2. UAC R307–841—Residential Property 

and Child-Occupied Facility Renovation 

This section substantially adopts 40 

CFR 745.80, 745.81, 745.82, 745.84, 

745.85, 745.86, 745.89, 745.90 and 

745.91(a) from the federal lead-based 

paint regulations by reference. This 

section outlines the requirements for 

Utah lead-based paint rule purpose, 

effective dates, applicability, 

information distribution requirements, 

work practice standards, recordkeeping 

and reporting, and firm and renovator 

certification regulations as they apply to 

the Utah RRP rule. The federal rule was 

also modified to better conform to state 

rule formatting and punctuation and 

references to federal rules were replaced 

with the corresponding reference to the 

UDEQ DAQ lead-based paint rule. 

References to fee refunds were also 

removed as fees are nonrefundable per 

State of Utah policy. 

3. UAC R307–842—Lead-Based Paint 

Activities 

This section was modified to 

incorporate changes made by federal 

RRP regulations in 40 CFR 745.225 and 

745.226. The federal rule was also 

modified to better conform to state rule 

formatting and punctuation and 

references to federal rules were replaced 

with the corresponding reference to the 

UDEQ DAQ lead-based paint rule. 

Finally this section was also modified to 

include fees for renovator, dust 

sampling technician and firm 

certification. 

C. General Program Description 

As directed by the Board, the UDEQ 

DAQ developed state administrative 

rules for 40 CFR part 745 subpart E. The 

Board finalized the rulemaking process 

modifying UAC R307–840—Lead-Based 

Paint Accreditation, Certification and 

Work Practice Standards on April 7, 

2010, making the rules effective on 

April 8, 2010. 

UAC R307–840, R307–841 and R307– 

842 substantially adopt 40 CFR part 745 

subpart E by reference. Because the 

UDEQ DAQ substantially adopted the 

federal regulations by reference, the 

Utah lead-based paint rule is 

substantially the same as the federal 

lead-based paint rule and it is 

unnecessary to further describe the 

federal lead-based paint program to the 

EPA. A detailed explanation of the 

modifications found in UAC R307–840, 

R307–841 and R307–842 are described 

in the program analysis section of the 

Utah program application. It is the 

opinion of the UDEQ DAQ that UAC 

R307–840, R307–841 and R307–842 

allow the state to develop and 

implement a Utah RRP program that is 

as protective to human health and the 

environment as the federal program. 

The UDEQ DAQ believes UAC R307– 

840, R307–841 and R307–842 meet the 

procedures and requirements for 

administration of the RRP program as 

outlined in 40 CFR 745.326(a), (c), (d), 

and (e). The UDEQ DAQ believes it has 

established the procedures and work 

practice requirements for compensated 

RRP projects in regulated facilities as 

well as training program accreditation, 

and renovator certification by 

substantially adopting the federal 

regulations by reference. By adopting 

the federal regulations by reference, 

UDEQ DAQ believes UAC R307–840, 

R307–841 and R307–842 have clear 

standards for identifying activities that 

trigger the RRP rule requirements and 

establishes procedures for certification 

of firms and individuals and work 

practice requirements equivalent to the 

federal standards. 

D. Enforcement and Compliance 

Program Description 

The UDEQ DAQ is applying for final 

Enforcement/Compliance (E/C) program 

approval for the Utah lead-based paint 

program in its April 20, 2010 

submission. This description of the E/C 

program shows that the DAQ has the 

legal authority and ability to 

immediately implement an E/C 

program. The DAQ has adequate 

standards, administrative rules and legal 

authority as demonstrated below in E/C 

Element 1. The DAQ will carry out a 

level of compliance monitoring and 

enforcement necessary to ensure that 

the Utah lead-based paint program 

addresses any significant risks posed by 


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noncompliance with the Utah leadbased paint administrative rules. 

Additionally, the DAQ will 

implement all of the components 

outlined in E/C Element 2 and E/C 

Element 3. This requires the DAQ to 

submit an annual report to the EPA 

Region 8 Administrator summarizing 

the Utah lead-based paint E/C program 

activities performed during the previous 

year for, at least, the first three years of 

authorization. The following sections 

provide the additional required 

information about E/C Elements 1–3 (as 

outlined in 40 CFR 745.327): 

1. Enforcement and Compliance 

Element 1 

i. Lead-Based Paint Activities and 

Requirements 

The DAQ demonstrated in its 

application that the Utah lead-based 

paint program has the legislative 

authority (as shown in the enrolled copy 

of Senate Bill 118, House Bill 165 

(Appendix 3 of the Utah program 

application) and the Utah Air 

Conservation Act (Appendix 9 of the 

Utah program application)) and that its 

lead-based paint administrative rules 

meet the standards outlined in 40 CFR 

745.326 (as shown in R307–840, R307– 

841 and R307–842 UAC, Appendix 4 of 

the Utah program application). 

ii. Authority To Enter 

Authority to enter for the Utah leadbased paint program is found in the 

Utah Air Conservation Act 19–2– 

107(2)(d), UCA, which states: 

(2) The executive secretary may: 

(d) as authorized by the board, subject to 

the provisions of this chapter, authorize any 

employee or representative of the department 

to enter at reasonable time and upon 

reasonable notice in or upon public or 

private property for the purposes of 

inspecting and investigating conditions and 

plant records concerning possible air 

pollution. 

Additional authority to enter is found 

in the Utah Air Conservation Act 19–2– 

108(6)(a), UCA, which states: 

(6)(a) Any authorized officer, employee, or 

representative of the board may enter and 

inspect any property, premise, or place on or 

at which an air contaminant source is located 

or is being constructed, modified, installed, 

or established at any reasonable time for the 

purpose of ascertaining the state of 

compliance with this chapter and the rules 

adopted under it. 

The Utah lead-based paint program is 

authorized by the Utah Air Conservation 

Act 19–2–104(1)(i), 19–2–104(3)(r)(iv) 

and 19–2–104(3)(w), UCA and the Utah 

lead-based paint rule was written based 

on this authority. It is the opinion of the 

Utah Attorney General’s office that the 

authority stated above is sufficient to 

perform the inspections necessary to 

assess compliance with UAC R307–840, 

UAC R307–841 and UAC R307–842. 

iii. Flexible Remedies 

The Utah lead-based paint E/C 

program will provide for a diverse and 

flexible array of enforcement remedies. 

These remedies will include warning 

letters, notices of noncompliance, 

notices of violation, administrative or 

civil actions and criminal actions, when 

appropriate. The Utah lead-based paint 

program will be able to select from 

several enforcement alternatives, taking 

into consideration the potential or 

actual risk and the gravity of the 

violation. 

Warning letters, notices of 

noncompliance and notices of violations 

are methods currently being used within 

the DAQ and specifically the Utah leadbased paint program. Specific authority 

to issue notices of violation are found in 

UCA 19–2–110(1)(a), which states: 

Whenever the executive secretary has 

reason to believe that a violation of any 

provision of this chapter or any rule issued 

under it has occurred, he may serve written 

notice of the violation upon the alleged 

violator. The notice shall specify the 

provision of this chapter or rule alleged to be 

violated, the facts alleged to constitute the 

violation, and may include an order that 

necessary corrective action be taken within a 

reasonable time. 

Authority to issue warning letters or 

notices of noncompliance to initiate 

voluntary compliance is found in UCA 

19–2–110(2), which states: 

Nothing in this chapter prevents the board 

from making efforts to obtain voluntary 

compliance through warning, conference, 

conciliation, persuasion, or other appropriate 

means. 

Civil or criminal actions can also be 

used as a flexible remedy by the Utah 

lead-based paint program which was 

authorized through the Utah Air 

Conservation Act (Title 19, Chapter 2, 

UCA). The authority to assess civil 

penalties is found in the Utah Air 

Conservation Act 19–2–115(2)(a), UCA, 

which states: 

(2)(a) A person who violates this chapter, 

or any rule, order, or permit issued or made 

under this chapter is subject in a civil 

proceeding to a penalty not to exceed 

$10,000 per day for each violation. 

Authority to assess criminal penalties 

is found in the Utah Air Conservation 

Act 19–2–115(3) and (4), UCA, which 

states: 

(3) A person is guilty of a class A 

misdemeanor and is subject to imprisonment 

under Section 76–3–204 and a fine of not 

more than $25,000 per day of violation if that 

person knowingly violates any of the 

following under this chapter: 

(a) an applicable standard or limitation; 

(b) a permit condition; or 

(c) a fee or filing requirement. 

(4) A person is guilty of a third degree 

felony and is subject to imprisonment under 

Section 76–3–203 and a fine of not more than 

$25,000 per day of violation who knowingly: 

(a) Makes any false material statement, 

representation, or certification, in any notice 

or report required by permit; or 

(b) renders inaccurate any monitoring 

device or method required to be maintained 

by this chapter or applicable rules made 

under this chapter. 

iv. Resources To Implement Lead-Based 

Paint Compliance and Enforcement 

Program 

Personnel resources to implement the 

Utah lead-based paint program include 

1.4 Environmental Scientist full time 

equivalent positions who will perform 

program administrative as well as E/C 

duties. The section Manager, 

Environmental Program Coordinator 

and Office Technician will provide the 

necessary support for the administration 

as well as E/C activities for the leadbased paint program. Additionally, the 

twelve Utah Local Health Departments/ 

Districts (LHDs) will provide additional 

inspection support to the DAQ. These 

LHDs can provide the necessary 

inspections of lead-based paint 

activities performed within their 

jurisdiction. Personnel resources will be 

reevaluated on an annual basis to 

determine if they are adequate for the 

program. Fiscal resources for the Utah 

lead-based paint program are currently 

limited to the EPA lead-based paint 

grant authorized through 40 CFR 

745.330 and fees generated by leadbased paint abatement project 

notification requirements as well as 

lead-based paint certification fees for 

individuals and firms. 

2. Enforcement and Compliance 

Element 2 

i. Training 

The DAQ will continue to use its 

existing procedures for training 

enforcement and inspection personnel 

used by the Utah lead-based paint 

program. Inspectors will receive 

appropriate training and will be 

required to demonstrate knowledge of 

the lead-based paint abatement 

supervisor, abatement worker, 

inspector, risk assessor, project 

designer, renovator and dust sampling 

technician disciplines. 

Inspectors will also be trained in 

violation discovery, obtaining consent, 

evidence gathering, preservation of 

evidence and chain-of-custody sampling 

procedures. Enforcement personnel will 


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meet the training requirements of the 

inspector as well as additional training 

in case development procedures and 

maintenance of proper case files. 

ii. Compliance Assistance 

The DAQ will continue to implement 

its existing compliance assistance 

program for the public and the regulated 

community to help facilitate awareness 

and understanding of the Utah leadbased paint program. The Utah 

compliance assistance program will 

continue to focus on the requirements 

established in the Utah lead-based paint 

rule but will provide information to the 

public and regulated communities about 

other lead-based paint related subjects. 

iii. Sampling Techniques 

The Utah lead-based paint program 

presently has the equipment, training 

and technological capability necessary 

to collect samples for E/C issues. State 

and LHD personnel have received 

training as part of the Utah lead-based 

paint inspector and risk assessor courses 

in performing x-ray fluorescence (XRF) 

testing and collecting paint chip, dust 

wipe, soil and water samples. 

Additional training was received from 

the XRF manufacturer in analyzing 

samples with the NITON XLp 300 Series 

spectrum analyzer currently owned by 

the DAQ. Equipment to collect paint 

chip, dust wipe, soil and water samples 

have been assembled into kits at the 

DAQ and similar kits have been 

distributed to the LHDs. The DAQ has 

contracted with EMSL Analytical, Inc. 

(EMSL) to conduct the analysis of paint 

chip, dust wipe, soil and water samples. 

EMSL has been accredited by the 

American Industrial Hygiene 

Association (AIHA) through the EPA 

Environmental Lead Proficiency 

Analytical Testing (ELPAT) program 

(AIHA ELPAT Lab ID#07014). 

iv. Tracking Tips and Complaints 

The DAQ has an existing program to 

track tips and complaints and it is their 

intent to expand this existing program 

for use with the RRP program. 

v. Targeting Inspections 

The Utah lead-based paint program 

will continue to use its existing 

procedures for targeting inspections to 

ensure compliance with the Utah leadbased paint rule. The principal 

mechanism to target compliance 

inspections will be through inspection 

of firms conducting RRP activities. 

vi. Follow Up to Inspection Reports 

The DAQ lead-based paint E/C 

program will demonstrate the ability to 

reasonably, and in a timely manner, 

process and follow up on inspection 

reports and other information generated 

through enforcement-related activities. 

The state lead-based paint program will 

be in a position to correct lead-based 

paint violations and effectively develop 

and issue enforcement remedies as 

follow up on identified lead-based paint 

violations. Programs within the DAQ 

have followed the ‘‘Timely and 

Appropriate Enforcement Response to 

Significant Air Pollution Violators’’ and 

the Division’s ‘‘Compliance Program 

Operating Plan,’’ or equivalent, which 

outlines timely and appropriate time 

frames for inspection and enforcement 

activities. 

vii. Compliance Monitoring and 

Enforcement 

The Utah lead-based paint program 

has demonstrated that it has the ability 

to ensure correction of lead-based paint 

violations and encompass either 

planned and/or responsive lead-based 

paint compliance inspections. The DAQ 

has also developed and issued 

enforcement responses, as appropriate, 

based on the violation. 

3. Enforcement and Compliance 

Element 3 

The DAQ will submit the Summary 

on Progress and Performance report 

which will summarize the results of 

implementing the lead-based paint E/C 

program. These reports will include all 

the required components as outlined in 

40 CFR 745.324(h) and 40 CFR 

745.327(d). These reports will be 

submitted to the EPA Region 8 

Administrator on an annual basis for the 

first three years and either annually or 

bi-annually thereafter, at the discretion 

of the EPA. 

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, the 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 of TSCA, the 

EPA Administrator may withdraw 

authorization of a state or tribal RRP 

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 

the 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, Lead-based paint, 

Renovation, repair and painting, Work 

practice standards, Training, 

certification, Reporting and 

recordkeeping requirements. 

Dated: March 23, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2015–12802 Filed 6–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2015–0028: 

FF09E42000 156 FXES11130900000] 

RIN 1018–AX99 

Endangered and Threatened Wildlife 

and Plants; Removing the Hualapai 

Mexican Vole From the Federal List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule and 12-month 

petition finding; request for comments. 

SUMMARY: Under the authority of the 

Endangered Species Act of 1973, as 

amended (Act), we, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding on a petition and a 

proposed rule to remove the Hualapai 

Mexican vole (Microtus mexicanus 

hualpaiensis) from the Federal List of 

Endangered and Threatened Wildlife 

because the original classification is no 

longer the most appropriate 

determination. This action is based on 

a thorough review of the best available 

scientific and commercial information, 

which indicates that the currently listed 

subspecies is not a valid taxonomic 

entity. We are seeking information, data, 

and comments from the public on this 

proposed rule. 

DATES: To ensure that we are able to 

consider your comments on this 

proposed rule, they must be received or 

postmarked on or before August 3, 2015. 

Comments submitted to the Federal 

eRulemaking Portal (see ADDRESSES) 

must be received by 11:59 p.m. Eastern 

Time on the closing date. Any 

comments that we receive after the 

closing date may not be considered in 

the final decision on this action. We 

must receive requests for public 


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