ENVIRONMENTAL PROTECTION AGENCY 

[EPA-R07-OPPT-2010-0155; FRL 

Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and 

Child Occupied Facilities; State of Iowa. Notice of Self-Certification Program 

Authorization, Request for Public Comment, Opportunity for Public Hearing 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Notice; program authorization, request for comments and opportunity for 

public hearing. 

SUMMARY: This notice announces that on January 19, 2010, the State of Iowa was 

deemed authorized under section 404(a) of the Toxic Substances Control Act (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) . 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 Iowa's program is at 

least as protective as the Federal program and provides for adequate enforcement. This 

notice also announces that the authorization of the Iowa 402(c)(3) program, which was 

deemed authorized by regulation and statute on January 19, 2010, will continue without 

further notice unless EPA, based on its own review and/or comments received during the 

comment period, disapproves the Iowa program application on or before July 19, 2010. 

DATES: Comments, identified by docket control number EPA-R07-OPPT-2010-0155, 

must be received on or before [insert date 45 days from publication in the Federal 

Register] . In addition, a public hearing request must be submitted on or before [insert 
date 15 days from date of publication in the Federal Register] . 

ADDRESSES: Comments, and requests for a public hearing, may be submitted by mail, 

electronically, or in person . Please follow the detailed instructions for each method as 

provided in Section I of the SUPPLEMENTARY INFORMATION. To ensure proper 

receipt by EPA, it is imperative that you identify docket control number EPA-R07-

OPPT-2010-0155 in the subject line on the first page of your response. 

FOR FURTHER INFORMATION CONTACT: Crystal McIntyre, Technical Contact, 

Toxics and Pesticides Branch, Water, Wetlands, and Pesticides Division, Environmental 

Protection Agency, Region 7, 901 N. 5th Street, Kansas City, KS 66101, telephone 

number: (913) 551-7261 ; e-mail address: mcintyre.crystalgepa .gov. 

SUPPLEMENTARY INFORMATION: 

1. 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 Iowa. Individuals and firms falling under 

the North American Industrial Classification System (NAICS) codes 231118, 238210, 

238220, 238320, 531120, 531210, 53131, e.g ., General Building Contractors/Operative 

Builders, Renovation Firms, Individual Contractors, and Special Trade Contractors like 

Carpenters, Painters, Drywall workers and Plumbers, "Home Improvement" Contractors, 

as well as Property Management Firms and some Landlords are also affected by these 

rules . This listing is not intended to be exhaustive, but rather provides a guide for readers 

regarding entities likely to be affected by this action. Other types of entities not listed in 
this notice could also be affected. The NAICS codes have been provided to assist you 

and others in determining whether this action might apply to certain entities . If you have 

any questions regarding the applicability of this action to a particular entity, consult the . 

technical person listed under FOR FURTHER INFORMATION CONTACT. 

B. How Can I Get Additional Information, Including Copies of this Document or 

Other Related Documents? 

1 . Electronically : EPA has established an official record for this action under docket 

control number EPA-R07-OPPT-2010-0155 . This docket may be accessed through 

www.regulations .gov. The official record consists of the documents specifically 

referenced in this action, this notice, the State of Iowa 402(c)(3) program authorization 

application, any public comments received during an applicable comment period, and 

other information related to this action, including any information claimed as 

Confidential Business Information (CBI) . 

2. In person : You may read this document, and certain other related documents, by 

visiting Iowa Department of Public Health, 321 E. 12th Street, Des Moines, IA 50319-

0075; contact person, Rita Gergely, telephone number (515) 242-6340 . You may also 

read this document, and certain other related documents, by visiting the Environmental 

Protection Agency, Region 7, 901 N. 5th Street, Kansas City, KS 66101 . You should 

arrange your visit to the EPA office by contacting the technical person listed under FOR 

FURTHER INFORMATION CONTACT. 

C. How and to Whom Do I Submit Comments? 

You may submit comments through the mail, in person, or electronically. To 

ensure proper receipt by EPA, it is imperative that you identify docket control number 
EPA-R07-OPPT-2010-0155 in the subject line on the first page of your response. 

l. By mail or in person or by courier: Submit or deliver your comments and public 

hearing requests to : Crystal McIntyre, Technical Contact, Toxics and Pesticides Branch, 

Water, Wetlands, and Pesticides Division, Environmental Protection Agency, Region 7, 

901 N. 5th Street, Kansas City, KS 66101 . The Regional office is open from 8 a.m. to 5 

p.m., Monday through Friday, excluding legal holidays . 

2. Electronically : You may submit your comments and public hearing requests 

electronically by e-mail to: mcintyre.cr s~na,epa. og-v or mail your computer disk to the 

address identified above. Do not submit any information electronically that you consider 

to be Confidential Business Information (CBI). Electronic comments must be submitted 

as an ASCII file avoiding the use of special characters and any form of encryption. 

Comments and data will also be accepted on standard disks in Microsoft Word or ASCII 

file format . 

D. How Should I Handle CBI Information That I Want to Submit to the Agency? 

Do not submit this information to EPA through regulations.gov or e-mail . Clearly 

mark on each page the part or all of the information that you claim to be CBI. For CBI 

information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or 

CD-ROM that you mail to EPA as CBI, and then identify electronically within the disk or 

CD-ROM the specific information that is claimed as CBI. In addition to one complete 

version of the comment that includes information claimed as CBI, a copy of the comment 

that does not contain the information claimed as CBI must be submitted for inclusion in 

the public docket . Information so marked as CBI will not be disclosed except in 

accordance with procedures set forth in 40 CFR part 2. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the technical person identified 

under FOR FURTHER INFORMATION CONTACT. 

II. Background 

A. What Action is the Agency Taking? 

EPA is announcing that on January 19, 2010, the State of Iowa was deemed 

authorized under section 404(a) of TSCA, and 40 CFR 745 .324(d)(2), to administer and 

enforce requirements for a renovation, repair and painting program in accordance with 

section 402(c)(3) of TSCA. This notice also announces that EPA is seeking comment 

and providing an opportunity to request a public hearing on whether the State program is 

at least as protective as the Federal program and provides for adequate enforcement. The 

402(c)(3) program ensures that training providers are accredited to teach renovation 

classes, that individuals performing renovation activities are properly trained and 

certified as renovators, that firms are certified as renovation firms, and that specific work 

practices are followed during renovation activities . On January 19, 2010, Iowa submitted 

an application under section 404 of TSCA requesting authorization to administer and 

enforce requirements for a renovation, repair and painting program in accordance with 

section 402(c)(3) of TSCA, and submitted a self-certification that this program is at least 

as protective as the Federal program and provides for adequate enforcement. Therefore, 

pursuant.to section 404(a) of TSCA, and 40 CFR 745.324(d)(2), the Iowa renovation 

program is deemed authorized as of the date of submission and until such time as the 

Agency disapproves the program application or withdraws program authorization. , 

Pursuant to section 404(b) of TSCA and 40 CFR 745 .324(e)(2), EPA is providing notice, 

opportunity for public comment and opportunity for a public hearing on whether the State 
program application is at least as protective as the Federal program and provides for 

adequate enforcement. If a hearing is requested and granted, EPA will issue a Federal 

Re i~ ster notice announcing the date, time and place of the hearing. The authorization of 

the Iowa 402(c)(3) program, which was deemed authorized by regulation and statute on 

January 1,9, 2010, will continue without further notice unless EPA, based on its own 

review and/or comments received during the comment period, disapproves the program 

application on or before July 19, 2010 . 

B. What is the Agency's Authority for Taking this Action? 

On October 28, 1992, the Housing and Community Development Act of 1992, 

Public Law 102-550, became law. Title X of that statute was the Residential Lead-Based 

Paint Hazard Reduction Act of 1992 . That Act amended TSCA (15 U.S .C. 2601 et se .) 

by adding Title IV (15 U.S.C . 2681-2692), entitled Lead Exposure Reduction. In the 

Federal Register dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA 

section 402(c)(3) regulations governing renovation activities . The regulations require 

that in order to do renovation activities for compensation, renovators must first be 

properly trained and certified, must be associated with a certified renovation firm, and 

must follow specific work practice standards, including recordkeeping requirements. In 

addition, the rule prescribes requirements for the training and certification of dust 

sampling technicians. EPA believes that regulation of renovation activities will help to 

reduce the exposures that cause serious lead poisonings, especially in children under age 

6, who are particularly susceptible to the hazards of lead. 

Under section 404 of TSCA, a state may seek authorization from EPA to 

administer and enforce its own renovation, repair and painting program in lieu of the 
Federal program. The regulation governing the authorization of a state program under 

section 402 of TSCA is codified at 40 CFR part 745, subpart Q. States that choose to 

apply for program authorization must submit a complete application to the appropriate 

regional EPA office for review. Those applications will be reviewed by EPA within 1$0 

days of receipt of the complete application. To receive EPA approval, a state must 

demonstrate that its program is at least as protective of human health and the environment 

as the Federal program, and provides for adequate enforcement, as required by section 

404(b) of TSCA. EPA's regulations at 40 CFR part 745, subpart Q provide the detailed 

requirements a state program must meet in order to obtain EPA approval. A state may 

choose to certify that its own renovation, repair and painting program meets the 

requirements for EPA approval, by submitting a letter signed by the Governor or 

Attorney General stating that the program is at least as protective of human health and the 

environment as the Federal program and provides for adequate enforcement. Upon 

submission of such a certification letter the program is deemed authorized pursuant to 

TSCA section 404(a) and 40 CFR 745 .324(d)(2) . This authorization becomes ineffective, 

however, if EPA disapproves the application or withdraws the program authorization. 

III. State Program Description Summary 

The following program summary is from Iowa's self-certification application: 

Program Summary 

State of Iowa 

Renovation, Repair, and Painting Program/ 

Lead-Safe Renovator Certification- Program 

The state of Iowa is submitting an application to the U.S . Environmental 
Protection Agency (EPA) certifying that the state's Renovation, Repair, and Painting 

Program/Lead-Safe Renovator Program is as protective as the EPA program and is 

authorized when the application is submitted to EPA. The Iowa Department of Public 

Health (IDPH) is the lead agency for these programs. IDPH currently has EPAauthorized programs for lead-based paint activities training and certification and prerenovation notification . 

The rules for the Renovation, Repair, and Painting Program/Lead-Safe Renovator 

Program are found in 641--Chapter 70 of the Iowa Administrative Code. The 

amendments to this chapter that contain these requirements are effective on January 13, 

2010. These rules already cover all lead-based paint activities that are conducted in 

target housing and child-occupied facilities : 

1 . Establish the discipline of lead-safe renovator. 

2. Establish work practice requirements for renovation . 

3 Require persons and firms that conduct these activities to be certified by April 22, 

2010. To be certified, persons must complete an approved training program, apply for 

certification, and pay a fee of $60 per year. Firms must employ at least one certified 

lead-safe renovator and must apply for certification. 

4. Establish procedures for the suspension, revocation, or modification of 

certifications . 

5 . Establish requirements for the approval of lead-safe renovator training programs 

and procedures for the suspension, revocation, or modification of training program 

approvals. 

6 . Define violations of these rules, establish procedures to assess penalties for 
violations of these rules, and establish administrative procedures for persons or firms to 

appeal these penalties. 

The legal authority for the renovation, repair, and painting program/lead-safe 

renovator certification is found in Code of Iowa 135 .105A. 

IV. Federal Overfiling 

Section 404(b) of TSCA makes it unlawful for any person to violate, or fail or 

refuse to comply with, any requirement of an approved state program. Therefore, EPA 

reserves the right to exercise its enforcement authority under TSCA against a violation of, 

or a failure or refusal to comply with, any requirement of an authorized state program. 

V. Withdrawal of Authorization 

Pursuant to section 404(c) of TSCA, the EPA Administrator may withdraw 

authorization of a state or Indian Tribal renovation, repair and painting program, after 

notice and opportunity for corrective action, if the program is not being administered or 

enforced in compliance with standards, regulations, and other requirements established 

under the authorization. The procedures EPA will follow for the withdrawal of an 

authorization are found at 40 CFR 745.324(i). 

List of Subjects 

Environmental protection, Hazardous substances, Lead, Renovation, Renovation 

work practice standards, Renovation training, Renovation certification, Renovation 

notification, Reporting and record keeping requirements, State of Iowa. 

Dated : .~ Nl ( U 

March 9, 2010 Karl Brooks, 

Regional Administrator, 

Region 7 .