[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Notices]
[Pages 33685-33687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15892]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-NE; FRL-6786-2]


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

AGENCY:  Environmental Protection Agency (EPA).

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

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SUMMARY:  On May 16, 2001, the State of Nebraska 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 Nebraska application, provides a 
45-day public comment period, and provides an opportunity to request a 
public hearing on the application. Nebraska has provided self-
certification of a lead program meeting the requirements for approval 
under section 404 of TSCA. Therefore, pursuant to section 404, 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-NE, 
must be received on or before August 9, 2001.

ADDRESSES:  Comments 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-NE in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Kyle Winters, Radiation, Asbestos, 
Lead and Indoor Programs Branch, Air, RCRA and Toxics Division, 
Environmental Protection Agency, 901 North 5th Street, Kansas City, 
Kansas 66101; telephone number: (913) 551-7109; e-mail address: 
<a href="/cdn-cgi/l/email-protection#f087999e84958283de9b899c95b0958091de979f86"><span class="__cf_email__" data-cfemail="d0a7b9bea4b5a2a3febba9bcb590b5a0b1feb7bfa6">[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 Nebraska. 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,'' ``Regulations and Proposed Rules,'' 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-NE. 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 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 Street, 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-NE in the

[[Page 33686]]

subject line on the first page of your response.
    1. By mail. Submit your comments and hearing requests to: Kyle 
Winters, Radiation, Asbestos, Lead and Indoor Programs Branch, Air, 
RCRA and Toxics Division, Environmental Protection Agency, 901 North 
5th Street, Kansas City, KS 66101.
    2. In person or by courier. Deliver your comments and hearing 
requests to: Radiation, Asbestos, Lead and Indoor Programs Branch, Air, 
RCRA and Toxics Division, Region VII, Environmental Protection Agency, 
901 North 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. The telephone number for the regional office is (913) 551-
7020.
    3. Electronically. You may submit your comments and hearing 
requests electronically by e-mail to: ``<a href="/cdn-cgi/l/email-protection#4c3b252238293e3f62273520290c293c2d622b233a"><span class="__cf_email__" data-cfemail="3047595e445542431e5b495c55705540511e575f46">[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 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 6.1/8.0/9.0 or ASCII file 
format. All comments in electronic form must be identified by docket 
control number PB-402404-NE. 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 technical person identified under FOR FURTHER 
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we have not considered, the potential impacts 
of the various options (including possible unintended consequences), 
and any data or information that you would like the Agency to consider 
during the development of the final action. 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 used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived 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 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action 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 State of Nebraska 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 Nebraska lead-
based paint training and certification program. Therefore, pursuant to 
section 404, the program is deemed authorized as of the date of 
submission (i.e., May 16, 2001). 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 
Nebraska 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, 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 seq.) by adding Title IV (15 U.S.C. 
2681-92), titled Lead Exposure Reduction.
    Section 402 of TSCA (15 U.S.C. 2682) 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 (15 U.S.C. 2684), a State may seek authorization from EPA to 
administer and enforce its own lead-based paint activities program.
    On 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 (15 U.S.C. 2684(h)), 
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. 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 (section 404(b) of TSCA, 15 U.S.C. 2684(b)). EPA's 
regulations (40 CFR part 745, subpart Q) provide the detailed 
requirements a

[[Page 33687]]

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 authorized (15 U.S.C. 
2684(a)). 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 Nebraska proposed program has 
been provided by the applicant. The State of Nebraska enacted in 1999 
LB 863 which amended the Environmental Lead Hazard Control Act. This 
revision to Nebraska law provided the framework for the Health and 
Human Services System Regulation and Licensure to regulate the lead-
based paint professions training providers and the professions of 
inspector, risk assessor, worker, supervisor and project designer. The 
Nebraska law also directs the regulation of training providers that 
provide the training for the lead professions. These professions are 
coincidental to the lead-based professions regulated by 40 CFR part 
745, subpart L.

IV. Submission to Congress and the Comptroller General

    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: June 8, 2001.
William Rice,
Acting Regional Administrator, Region VII.
[FR Doc. 01-15892 Filed 6-22-01 8:45 am]
BILLING CODE 6560-50-S


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