[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2396-2398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-965]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-KS; FRL-6397-6]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; State of Kansas Authorization Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments and opportunity for public 
hearing.

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SUMMARY: On November 8, 1999, the State of Kansas submitted an 
application for EPA approval to administer and enforce training and 
certification requirements, training program accreditation 
requirements, and work practice standards for lead-based paint 
activities in target housing and child-occupied facilities under 
section 402 of the Toxic Substances Control Act (TSCA). This notice 
announces the receipt of the State of Kansas application, provides a 
45-day public comment period, and provides an opportunity to request a 
public hearing on the application. Kansas has provided self-
certification of a lead program meeting the requirements for approval 
under section 404 of TSCA. Therefore, pursuant to section 404 of TSCA, 
the State program is deemed authorized as of the date of submission. If 
EPA subsequently finds that the program does not meet all the 
requirements for approval of a State program, EPA will work with the 
State to correct any deficiencies in order to approve the program. If 
the deficiencies are not corrected, a notice of disapproval will be 
issued in the Federal Register and a Federal program will be 
implemented in the State.

DATES: Comments, identified by docket control number PB-402404-KS, must 
be received on or before February 28, 2000. In addition, public hearing 
requests may be submitted on or before February 28, 2000.

ADDRESSES: Comments and public hearing requests may be submitted by 
mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Unit I. of the 
``SUPPLEMENTARY INFORMATION.'' To ensure proper receipt by EPA, it is 
imperative that you identify docket control number PB-402404-KS in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Mazzie Talley, Lead Coordinator, 
Radiation, Asbestos, Lead and Indoor Programs Branch, Air, RCRA and 
Toxics Division, Environmental Protection Agency, Region VII, 901 North 
5<SUP>th</SUP> St., Kansas City, KS 66101; telephone number: (913) 551-
7518; e-mail address: <a href="/cdn-cgi/l/email-protection#d6a2b7babab3aff8bbb7acacbfb396b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="1a6e7b76767f6334777b6060737f5a7f6a7b347d756c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to firms and individuals engaged in lead-based 
paint activities in the State of Kansas. Since other entities may also 
be interested, the Agency has not attempted to describe all the 
specific entities that may be affected by this action. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the 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/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PB-402404-KS. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business

[[Page 2397]]

information (CBI). This official record includes the documents that are 
physically located in the docket, as well as the documents that are 
referenced in those documents. The public version of the official 
record does not include any information claimed as CBI. The public 
version of the official record, which includes printed, paper versions 
of any electronic comments submitted during an applicable comment 
period, is available for inspection from 8 a.m. to 5 p.m., Monday 
through Friday, excluding legal holidays. The docket is located at the 
regional office 901 North 5<SUP>th</SUP> St., Kansas City, KS.

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 PB-402404-KS in the subject line on 
the first page of your response.
    1. By mail. Submit comments and hearing requests to: Mazzie Talley, 
Lead Coordinator, Radiation, Asbestos, Lead and Indoor Programs Branch, 
Air, RCRA and Toxics Division, Environmental Protection Agency, Region 
VII, 901 North 5<SUP>th</SUP> St., Kansas City, KS 66101.
    2. In person or by courier. Deliver comments and hearing requests 
to: Radiation, Asbestos, Lead and Indoor Programs Branch, Air, RCRA and 
Toxics Division, Environmental Protection Agency, Region VII, 901 North 
5<SUP>th</SUP> St., Kansas City, KS 66101. 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 (913) 551-7020.
    3. Electronically. You may submit comments and hearing requests 
electronically by e-mail to: <a href="/cdn-cgi/l/email-protection#40202034212c2c25396e2d213a3a2925002530216e272f36">``<span class="__cf_email__" data-cfemail="e195808d8d8498cf8c809b9b8884a1849180cf868e97">[email protected]</span></a>,'' 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 WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number PB-402404-KS. 
Electronic comments may also be filed online at many Federal Depository 
Libraries.

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

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to 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 listed under ``FOR FURTHER INFORMATION 
CONTACT.''

II. Background

A. What Action is the Agency Taking?

    The State of Kansas has provided a self-certification letter 
stating that its lead-based paint training and certification program 
meets the requirements for authorization of a State program under 
section 404 of TSCA and has requested approval of the Kansas lead-based 
paint training and certification program. Therefore, pursuant to 
section 404 of TSCA, the program is deemed authorized as of the date of 
submission (i.e., November 8, 1999). If EPA subsequently finds that the 
program does not meet all the requirements for approval of a State 
program, EPA will work with the State to correct any deficiencies in 
order to approve the program. If the deficiencies are not corrected, a 
notice of disapproval will be issued in the Federal Register and a 
Federal program will be implemented in the State.
    Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), EPA 
provides notice and an opportunity for a public hearing on a State or 
Tribal program application before approving the application. Therefore, 
by this notice EPA is soliciting public comment on whether the State of 
Kansas application meets the requirements for EPA approval. This notice 
also provides an opportunity to request a public hearing on the 
application. If a hearing is requested and granted, EPA will issue a 
Federal Register notice announcing the date, time, and place of the 
hearing. EPA's final decision on the application will be published in 
the Federal Register.

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

    On October 28, 1992, the Housing and Community Development Act of 
1992, Pubic 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.''
    Section 402 of TSCA authorizes and directs EPA to promulgate final 
regulations governing lead-based paint activities in target housing, 
public and commercial buildings, bridges, and other structures. Those 
regulations are to ensure that individuals engaged in such activities 
are properly trained, that training programs are accredited, and that 
individuals engaged in these activities are certified and follow 
documented work practice standards. Under section 404 of TSCA, a State 
may seek authorization from EPA to administer and enforce its own lead-
based paint activities program.
    In the Federal Register of August 29, 1996 (61 FR 45777) (FRL-5389-
9), EPA promulgated final TSCA section 402/404 regulations governing 
lead-based paint activities in target housing and child-occupied 
facilities (a subset of public buildings). Those regulations are 
codified at 40 CFR part 745, and allow both States and Indian Tribes to 
apply for program authorization. Pursuant to section 404(h) of TSCA, 
EPA is to establish the Federal program in any State or Tribal Nation 
without its own authorized program in place by August 31, 1998.
    States and Tribes 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 or Tribe 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 (15 U.S.C. 2684(b)). 
EPA's regulations (40 CFR part 745, subpart Q) provide the detailed 
requirements a State or Tribal program must meet in order to obtain EPA 
approval.
    A State may choose to certify that its lead-based paint activities 
program meets the requirements for EPA approval, by submitting a letter 
signed by the Governor or Attorney General stating that the program 
meets the requirements of section 404(b) of TSCA. Upon submission of 
such certification letter, the program is deemed

[[Page 2398]]

authorized. This authorization becomes ineffective, however, if EPA 
disapproves the application or withdraws the program authorization.

III. State Program Description Summary

    The following summary of the State of Kansas proposed program has 
been provided by the applicant.
    The Kansas Department of Health and Environment, Lead Poisoning 
Prevention Program certifies lead professionals, accredits the required 
training programs, licenses lead activity firms, and enforces the work 
practice standards for conducting lead-based paint activities and 
abatement projects. The department operates under the authority of 
Senate Bill 107 and Kansas Administrative Regulations (1999) 28-72-1 to 
28-72-22. Together, these functions fulfill the requirements for an EPA 
approved State program and ensure the quality of lead abatement and 
lead-based paint activities conducted in Kansas.
    The Lead Poisoning Prevention Program certifies individuals and 
accredits training programs for the following lead occupations: Lead 
inspectors, risk assessors, lead abatement workers, lead abatement 
supervisors, project designers, and lead abatement contractors. For 
each occupation, an applicant for certification must meet or exceed 
education and experience requirements, successfully complete an 
appropriate training program, and score at least 70% on the national 
3<SUP>rd</SUP> party examination for lead inspectors, risk assessors, 
and lead abatement supervisors all pursuant to regulation. An applicant 
for a lead abatement contractor has no experience and education 
requirements. The licensed lead abatement contractor's application 
includes a statement that it will only hire certified individuals to 
conduct lead-based paint activities and that it will follow approved 
work practice standards.
    Certified lead professionals must comply with Kansas Work Practice 
Standards when conducting lead-based paint activities on target housing 
or child-occupied facilities. These work practice standards ensure that 
lead-based paint activities are conducted reliably, effectively, and 
safely. The department has the authority to take administrative or 
civil actions or seek criminal actions against an entity that violates 
the work practice standards or fails to comply with any part of the 
licensure, certification, or accreditation regulations.
    The Lead Poisoning Prevention Program staffing consists of the 
following: Barry Brooks, Director, Public Service Executive; Sue 
Bowden, Nurse Consultant, Public Health Nurse; Trent Roehler, Office/
Accounting Specialist; Wendy Butler, Intern; and Tom Morey, Health and 
Environment Consultant.

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 
or Tribal 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 or 
Tribal program.

V. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of this document in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Reporting and 
recordkeeping requirements.

    Dated: December 21, 1999.

Dennis D. Grams,

 Administrator, Region VII.

[FR Doc. 00-965 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-F


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