ENVIRONMENTAL PROTECTIONAGENCY

[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 ofSelf-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 section404(a) of the Toxic Substances Control Act (TSCA), 15 U .S .C. 2684(a), and 40 CFR745.324(d)(2), to administer and enforce requirements for a renovation, repair and painting programin accordance with section 402(c)(3) ofTSCA, 15 U .S .C. 2682(c)(3) . This notice also announces that EPAis 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 programand provides for adequate enforcement. This notice also announces that the authorization of the Iowa 402(c)(3) program, whichwas 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 frompublication in the Federal Register] . In addition, a public hearing request must be submitted on or before [insertdate 15 days fromdate 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 ofyour response. FORFURTHERINFORMATION 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 ActionApply 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 ofentities not listed inthis 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. Ifyou have any questions regarding the applicability of this action to a particular entity, consult the . technical person listed under FORFURTHERINFORMATION CONTACT. B . How

Can I GetAdditional Information, Including Copies ofthis Document or Other RelatedDocuments? 1 . Electronically: EPAhas established an official record forthis action under docket control number EPA-R07-OPPT-2010-0155. This docket may be accessed through www .regulations.gov. The official record consists ofthe documents specifically referenced in this action, this notice, the State of Iowa 402(c)(3) programauthorization 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 EPAoffice by contacting the technical person listed under FOR FURTHERINFORMATIONCONTACT . C . How

andto WhomDo ISubmit 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 numberEPA-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 andpublic 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 from8 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 formof encryption. Comments and data will also be accepted on standard disks in Microsoft Word or ASCII file format . D . How

Should I Handle CBIInformation That I Want to Submit to theAgency? Do not submit this information to EPAthrough 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 ofthe disk or CD-ROM

that you mail to EPAas 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 containthe 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 CFRpart 2 . If youhave any questions aboutCBI or the procedures for claiming CBI, please consult the technical person identified

under FORFURTHERINFORMATION CONTACT. II . Background A . WhatAction is the Agency Taking? EPA is announcing that on January 19, 2010, the State of Iowawas deemed authorized under section 404(a) ofTSCA, 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) ofTSCA . This notice also announces that EPAis seeking comment and providing an opportunityto 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) programensures 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 404ofTSCA requesting authorization to administer and enforce requirements for a renovation, repair and painting program in accordance with section 402(c)(3) ofTSCA, 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) ofTSCA, and 40 CFR745.324(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 programauthorization. , Pursuant to section 404(b) of TSCAand 40 CFR745.324(e)(2), EPA is providing notice, opportunity for public comment and opportunity for a public hearing on whether the Stateprogramapplication is at least as protective as the Federal program and provides for adequate enforcement. If a hearing is requested and granted, EPAwill issue aFederal 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 reviewand/or comments received during the comment period, disapproves the program application on or before July 19, 2010. B . What is the Agency'sAuthorityfor Taking this Action? On October 28, 1992, the Housing and Community Development Act of 1992, Public Law

102-550, became law

. Title Xofthat 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), EPApromulgated 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 followspecific work practice standards, including recordkeeping requirements. In addition, the rule prescribes requirements for the training and certification ofdust sampling technicians. EPAbelieves that regulation of renovation activities will help to reduce the exposures that cause serious lead poisonings, especially in children under age 6, whoare particularly susceptible to the hazards of lead.

Under section 404ofTSCA, a state may seek authorization fromEPAto administer and enforce its own renovation, repair and painting program in lieu oftheFederal program . The regulation governing the authorization of a state program under section 402 of TSCA is codified at 40 CFRpart 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 EPAwithin 1$0 days of receipt of the complete application. To receive EPA approval, a state must demonstrate that its programis at least as protective ofhuman health and the environment as the Federal program, andprovides for adequate enforcement, as required by section 404(b) ofTSCA

. EPA's regulations at 40 CFRpart 745, subpart Qprovide the detailed requirements a state programmust meet in order to obtain EPA approval . Astate may choose to certify that its own renovation, repair and painting program meets the requirements for EPAapproval, by submitting a letter signed by the Governor or Attorney General stating that the program is at least as protective ofhuman health and the environment as the Federal programand provides for adequate enforcement. Upon submission ofsuch a certification letter the programis deemed authorized pursuant to TSCA section 404(a) and 40 CFR745.324(d)(2) . This authorization becomes ineffective, however, ifEPAdisapproves the application or withdraws the program authorization. III . State ProgramDescription Summary The following programsummary is fromIowa'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. EnvironmentalProtection Agency (EPA) certifying that the state's Renovation, Repair, and Painting

Program/Lead-Safe Renovator Program is as protective as the EPAprogramand is authorized when the application is submitted to EPA . The Iowa Department ofPublic Health (IDPH) is the lead agency for these programs. IDPHcurrently 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 Programare found in 641--Chapter 70ofthe IowaAdministrative 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 $60per 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 forviolations ofthese rules, and establish administrative procedures forpersons 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) ofTSCA 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 rightto 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 ofAuthorization Pursuant to section 404(c) ofTSCA, the EPAAdministrator maywithdraw authorization of a state or Indian Tribal renovation, repair and painting program, after notice and opportunity for corrective action, if the programis not being administered or enforced in compliance with standards, regulations, and other requirements established under the authorization. The procedures EPAwill follow for the withdrawal of an authorization are found at 40CFR745.324(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 ofIowa. Dated: .~ Nl ( U March 9, 2010 Karl Brooks, Regional Administrator, Region 7 .