2396 Federal Register / Vol. 65, No. 10 / Friday, January 14, 2000 / Notices

By: lllllllllllllllllll

U.S. Environmental Protection Agency

Date: llllllllllllllllll

Attachment 1: Operating and Maintenance

Requirements for Slotted Guidepole Controls

Under the Storage Tank Emissions

Reduction Partnership Program

The sliding cover shall be in place over the

slotted-guidepole opening through the

floating roof at all times except when the

sliding cover must be removed for access. If

the control technology used includes a

guidepole float, the float shall be floating

within the guidepole at all times except

when it must be removed for access to the

stored liquid or when the tank is empty.

Visually inspect the deck fitting for the

slotted guidepole at least once every 10 years

and each time the vessel is emptied and

degassed. If the slotted guidepole deck fitting

or control devices have defects, or if a gap

of more than 0.32 centimeters (1/8 inch)

exists between any gasket required for

control of the slotted guidepole deck fitting

and any surface that it is intended to seal,

such items shall be repaired before filling or

refilling the storage vessel with regulated

material.

Tanks taken out of hydrocarbon service, for

any reason, do not have to have any controls

in place during the time they are out of

service.

Attachment 2: Form Compliance Order

United States Environmental Protection

Agency

In The Matter of:

[Participating Company]

Respondent.

Storage Tank Emission Reduction

Partnership Program

Agreement No. lllll

Findings and Order

Pursuant to Section 113(a)(3) of the Clean

Air Act (‘‘CAA’’), consistent with the Storage

Tank Emission Reduction Partnership

Agreement identified above and entered into

between the United States Environmental

Protection Agency (‘‘EPA’’) and Respondent,

and based upon available information, EPA

hereby makes and issues the following

Findings and Order:

Findings

1. Respondent is a Participating Company

under above-identified Storage Tank

Emission Reduction Partnership Agreement.

2. EPA promulgated New Source

Performance Standards (‘‘NSPS’’) for

Petroleum Liquid Storage Vessels and for

Volatile Organic Liquid Storage Vessels,

appearing in 40 CFR Part 60, Subparts Ka and

Kb.

3. Respondent owns or operates certain

‘‘affected facilities’’ under NSPS Subpart Ka

and/or Kb that have or had floating roofs

with slotted guidepoles, as identified in

Annex A.

Order

4. Respondent shall install, maintain and

operate properly those controls specified in

Annex A by the date(s) there indicated and

shall include or seek to include such controls

and this requirement in federally enforceable

permits issued by appropriate permitting

authorities.

5. Respondent shall not seek or obtain

emission reduction credits for emission

reductions that result from its compliance

with this order, nor shall it use such

reductions to offset or net against other

emission increases in any permitting or

enforcement action required by or taken

pursuant to state or federal law.

6. Pursuant to Section 113(a) of the CAA,

failure to comply with this Order may lead

to a civil action to obtain compliance or an

action for civil or criminal penalties.

Issued this llll day of llll, 2000.

U.S. Environmental Protection Agency.

[FR Doc. 00–620 Filed 1–13–00; 8:45 am]

BILLING CODE 6560–50–U

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.

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 leadbased 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 5th St.,

Kansas City, KS 66101; telephone

number: (913) 551–7518; e-mail address:

talley.mazzie@epa.gov.

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

Federal Register / Vol. 65, No. 10 / Friday, January 14, 2000 / Notices 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

5th 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 5th 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 5th 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:

‘‘talley.mazzie@epa.gov,’’ 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 leadbased 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

2398 Federal Register / Vol. 65, No. 10 / Friday, January 14, 2000 / Notices

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 leadbased 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 3rd 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 leadbased 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

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6523–1]

CWA 303(d): Final Notice of EPA’s

Decision To Withdraw the Total

Maximum Daily Loads (TMDLs) for

Copper in the Arthur Kill and Kill Van

Kull and Establish a TMDL for Nickel

in the Hackensack River

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final decision.

SUMMARY: EPA has reached the

following conclusions regarding certain

segments of the New York-New Jersey

Harbor: the applicable water quality

standard for copper in the Arthur Kill

and the Kill van Kull is not likely to be

exceeded (i.e., the waters are not water

quality-limited for copper) and

therefore, no TMDL is necessary for

copper; and the Hackensack River below

the Oradell Dam is water quality-limited

for nickel. Therefore, as part of this

action, EPA is establishing a TMDL for

nickel in the Hackensack River.

EPA is hereby issuing public notice

of: its final decision to withdraw the

Phase I copper TMDL in the Arthur Kill

and Kill Van Kull established by EPA on

January 24, 1996; and its final decision

to establish a TMDL for nickel in the

Hackensack River.

EFFECTIVE DATE: December 27, 1999.

ADDRESSES: Copies of the

responsiveness summary and relevant

supporting documents may be obtained

by writing to Ms. Rosella O’Connor, Fate

& Effects Team, U.S. Environmental

Protection Agency Region 2, 290

Broadway, 24th Floor, New York, New

York 10007–1866,

oconnor.rosella@epamail.epa.gov, or by

calling (212) 637–3823.

The administrative record containing

background technical information is on

file and may be inspected at the U.S.

EPA, Region 2 office between the hours

of 8:00 a.m. and 5:30 p.m., Monday

through Friday, except holidays.

Arrangements to examine the

administrative record may be made by

contacting Ms. Rosella O’Connor.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosella O’Connor, telephone number

(212) 637–3823.

SUPPLEMENTARY INFORMATION:

I. Background

II. Public Notice of Draft Decision

III. Final Determination

I. Background

A TMDL, or total maximum daily

load, is the maximum amount of a

pollutant that a waterbody can

assimilate and still meet ambient water

quality standards. TMDLs are

established for water quality-limited

segments, which are defined as ‘‘any

segment where it is known that water

quality does not meet applicable water

quality standards, and/or is not

expected to meet applicable water

quality standards, even after the

application of technology-based effluent

limitations * * *’’ (40 CFR 130.2(j)).

On January 24, 1996 (61 FR 1930),

EPA established certain phased TMDLs,

including waste load allocations (WLAs)

and load allocations (LAs) for copper