80 FR 31871 - Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Utah; Notice of Self-Certification Program Authorization
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 107 (June 4, 2015)
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31871-31875 | |
| FR Document | 2015-12802 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Proposed Rules] [Pages 31871-31875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12802] [[Page 31871]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 745 [EPA-R08-OPPT-2015-0044; FRL-9928-31-Region-8] Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Utah; Notice of Self-Certification Program Authorization AGENCY: Environmental Protection Agency (EPA). ACTION: Self-certification program authorization; request for comments and opportunity for public hearing. ----------------------------------------------------------------------- SUMMARY: This document announces that on April 20, 2010, the State of Utah was deemed authorized under section 404(a) of the Toxic Substances Control Act (TSCA) to administer and enforce requirements for a renovation, repair and painting (RRP) program in accordance with section 402(c)(3) of TSCA. This document also announces that the Environmental Protection Agency (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 Utah's program is at least as protective as the federal program and provides for adequate enforcement. This document also announces that the authorization of the Utah 402(c)(3) program, which was deemed authorized by regulation and statute, will continue without further notice unless the EPA, based on its own review and/or comments received during the comment period, disapproves the Utah program application. DATES: Comments, identified by docket identification (ID) number EPA- R08-OPPT-2015-0044, must be received on or before July 20, 2015. In addition, a public hearing request must be submitted on or before June 19, 2015. 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. General Information of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by the EPA, it is important that you identify docket ID number EPA-R08- OPPT-2015-0044 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Michelle Reichmuth, Technical Contact, Lead, Pesticides and Children's Health Unit, Partnerships and Environmental Stewardship Program, Office of Partnerships and Regulatory Assistance, United States Environmental Protection Agency, Region 8, 1595 Wynkoop Street (8P-PES), Denver, Colorado 80202; telephone: (303) 312-6966; or email: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information II. Background III. State Program Description Summary IV. Federal Overfiling V. Withdrawal of Authorization I. 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 Utah. 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 here 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: The EPA has established an official record for this action under docket ID number EPA-R08-OPPT-2015-0044. The official record consists of the documents specifically referenced in this action, this document, the State of Utah 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). All documents in the official record are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at http://www.regulations.gov or, if only available in hard copy, at the addresses listed below. 2. In person: You may read this document and related documents by visiting the Utah Department of Environmental Quality (UDEQ), Division of Air Quality (DAQ), 195 North 1950 West, 4th Floor, Salt Lake City, Utah, 84116. You should arrange your visit to the UDEQ office by contacting Robert Ford at (801) 536-4451 or by email at [email protected]. You may also read this document and related documents by visiting the EPA Region 8 Office at 1595 Wynkoop Street, Denver, Colorado, 80202. You should arrange your visit by contacting Michelle Reichmuth at (303) 312-6966 or by email at [email protected]. C. How and to whom do I submit comments? You may submit comments electronically, through the mail, or in person. To ensure proper receipt by the EPA, it is important that you identify docket ID number EPA-R08-OPPT-2015-0044 in the subject line on the first page of your response. 1. Electronically: You may submit your comments and hearing requests electronically by email to: [email protected] or through http://www.regulations.gov, or mail your computer disk to the address identified below. 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 Microsoft Word or ASCII file format. 2. By mail: Submit your comments and hearing requests to Michelle Reichmuth, EPA Region 8, 1595 Wynkoop Street (8P-PES), Denver, Colorado 80202. 3. By person or courier: Deliver your comments and hearing requests to: EPA Region 8, 1595 Wynkoop Street (8P-PES), Denver, Colorado 80202. 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 (303) 312-6312. [[Page 31872]] D. How should I handle CBI information that I want to submit to the agency? You may claim information that you submit to the 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 identified under FOR FURTHER INFORMATION CONTACT. E. What should I consider as I prepare my comments for the EPA? 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 use. 3. Provide copies of any technical information and/or data you use that support your views. 4. If you estimate potential burden or costs, explain how you arrive 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 document. 8. To ensure proper receipt by the EPA, identify docket ID number EPA-R08-OPPT-2015-0044 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 EPA is announcing that the State of Utah was deemed authorized under section 404(a) of TSCA, 15 United States Code (U.S.C.) 2684(a) and 40 CFR 745.324(d)(2), to administer and enforce requirements for an RRP program in accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3) on April 20, 2010. 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 April 20, 2010, Utah submitted an application under section 404 of TSCA requesting authorization to administer and enforce requirements for an RRP program in accordance with section 402(c)(3) of TSCA. Utah's application included self-certification that the 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 Utah RRP 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. On May 2, 2012, the Utah Air Quality Board (Board) adopted proposed UDEQ DAQ lead-based paint administrative rule changes with an effective date of May 3, 2012. The changes reflect EPA rule amendments through August 5, 2011 (76 FR 47918). Pursuant to section 404(b) of TSCA and 40 CFR 745.324(e)(2), the EPA is providing notice, opportunity for public comment and opportunity for a public hearing on whether the state program application and subsequent administrative rule changes are at least as protective as the federal program and provide for adequate enforcement. If a hearing is requested and granted, the EPA will issue a Federal Register notice announcing the date, time and place of the hearing. The authorization of the Utah 402(c)(3) program, which was deemed authorized by regulation and statute on April 20, 2010, will continue without further notice unless the EPA, based on its own review and/or comments received during the comment period, disapproves the program application. B. What is the EPA'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. 2601-2695d) by adding Title IV (15 U.S.C. 2681- 2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008, the EPA promulgated the final TSCA section 402(c)(3) regulations governing renovation activities (73 FR 21692). These 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. The 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 the EPA to administer and enforce its own RRP program in lieu of the federal program. The regulation governing the authorization of a state program under section 402 of TSCA are 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 the EPA within 180 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 RRP 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 is withdrawn, however, if the EPA disapproves the application or withdraws the program authorization. III. State Program Description Summary The following sections are from the legislative and administrative rule summaries and the general program and enforcement and compliance program descriptions submitted in the UDEQ DAQ's TSCA 402(c) RRP Rule Program Authorization Application: A. Legislative Summary During the 1998 Utah legislative session, Senate Bill 118 (SB 118) was unanimously passed by both the House and the Senate. SB 118 amended Utah [[Page 31873]] Code Annotated (UCA) section 19-2-104 of the Utah Air Conservation Act which provides authority for the Board to make administrative rules for a Utah lead-based paint program. The legislation specifically gives authority to the Board to make rules for training, certification and performance requirements in accordance with TSCA sections 402 and 404. SB 118 also provides the Board with the authority to establish work practice, certification and clearance sampling requirements for persons who conduct lead-based paint inspections in facilities subject to TSCA Title IV. The Utah Attorney General's Office reviewed the content of SB 118 prior to enactment and determined that SB 118 would provide the Board with the necessary legislative authority to develop a Utah lead-based paint program that is as protective as the federal lead-based paint program (40 CFR part 745). B. Administrative Rule Summary On January 6, 2010, the UDEQ DAQ provided the Board with a proposed modification to the existing administrative rule (Utah Administrative Code (UAC) R307-840--Lead-Based Paint Accreditation, Certification and Work Practice Standards) to establish the rules necessary for the Utah lead-based paint program to administer 40 CFR part 745 subpart E-- Residential Property Renovation which is otherwise known as the RRP rule. UAC R307-840, R307-841 and R307-842 substantially adopt 40 CFR part 745 subpart E by reference. On April 7, 2010, the UDEQ DAQ reported back to the Board that no public comments were received during the public hearing period. The Board subsequently adopted the UDEQ DAQ proposed modifications to the existing version of UAC R307-840 with an effective date of April 8, 2010. UAC R307-840, R307-841 and R307-842 incorporate the federal regulation with a few modifications to facilitate lead-based paint program implementation by the State of Utah. The UDEQ DAQ considers these modifications necessary to implement an effective lead-based paint program and also considers these modifications to be as protective to human health and the environment as the federal lead- based paint program. The following paragraphs provide a brief summary of the three sections in UAC R307-840. Each section will identify which parts of the federal regulations in 40 CFR part 745 subpart E are adopted by reference and gives a brief overview of the contents of each section. Throughout UAC R307-840, R307-841, and R307-842, where appropriate, references to the ``EPA'' (the U.S. Environmental Protection Agency) have been replaced with ``the Executive Secretary'' (meaning Executive Secretary of the Utah Air Quality Board) when ``EPA'' is used for lead- based paint program administrative activities. 1. UAC R307-840--Lead-Based Paint Program Purpose, Applicability and Definitions This section substantially adopts 40 CFR 745.83 and 745.220 by reference. Where appropriate, references to federal rules were replaced with the corresponding reference to the UDEQ DAQ lead-based paint rule. Additionally, identical provisions that had separate definitions in different subparts of the federal regulation were replaced by the most stringent definition. 2. UAC R307-841--Residential Property and Child-Occupied Facility Renovation This section substantially adopts 40 CFR 745.80, 745.81, 745.82, 745.84, 745.85, 745.86, 745.89, 745.90 and 745.91(a) from the federal lead-based paint regulations by reference. This section outlines the requirements for Utah lead-based paint rule purpose, effective dates, applicability, information distribution requirements, work practice standards, recordkeeping and reporting, and firm and renovator certification regulations as they apply to the Utah RRP rule. The federal rule was also modified to better conform to state rule formatting and punctuation and references to federal rules were replaced with the corresponding reference to the UDEQ DAQ lead-based paint rule. References to fee refunds were also removed as fees are nonrefundable per State of Utah policy. 3. UAC R307-842--Lead-Based Paint Activities This section was modified to incorporate changes made by federal RRP regulations in 40 CFR 745.225 and 745.226. The federal rule was also modified to better conform to state rule formatting and punctuation and references to federal rules were replaced with the corresponding reference to the UDEQ DAQ lead-based paint rule. Finally this section was also modified to include fees for renovator, dust sampling technician and firm certification. C. General Program Description As directed by the Board, the UDEQ DAQ developed state administrative rules for 40 CFR part 745 subpart E. The Board finalized the rulemaking process modifying UAC R307-840--Lead-Based Paint Accreditation, Certification and Work Practice Standards on April 7, 2010, making the rules effective on April 8, 2010. UAC R307-840, R307-841 and R307-842 substantially adopt 40 CFR part 745 subpart E by reference. Because the UDEQ DAQ substantially adopted the federal regulations by reference, the Utah lead-based paint rule is substantially the same as the federal lead-based paint rule and it is unnecessary to further describe the federal lead-based paint program to the EPA. A detailed explanation of the modifications found in UAC R307- 840, R307-841 and R307-842 are described in the program analysis section of the Utah program application. It is the opinion of the UDEQ DAQ that UAC R307-840, R307-841 and R307-842 allow the state to develop and implement a Utah RRP program that is as protective to human health and the environment as the federal program. The UDEQ DAQ believes UAC R307-840, R307-841 and R307-842 meet the procedures and requirements for administration of the RRP program as outlined in 40 CFR 745.326(a), (c), (d), and (e). The UDEQ DAQ believes it has established the procedures and work practice requirements for compensated RRP projects in regulated facilities as well as training program accreditation, and renovator certification by substantially adopting the federal regulations by reference. By adopting the federal regulations by reference, UDEQ DAQ believes UAC R307-840, R307-841 and R307-842 have clear standards for identifying activities that trigger the RRP rule requirements and establishes procedures for certification of firms and individuals and work practice requirements equivalent to the federal standards. D. Enforcement and Compliance Program Description The UDEQ DAQ is applying for final Enforcement/Compliance (E/C) program approval for the Utah lead-based paint program in its April 20, 2010 submission. This description of the E/C program shows that the DAQ has the legal authority and ability to immediately implement an E/C program. The DAQ has adequate standards, administrative rules and legal authority as demonstrated below in E/C Element 1. The DAQ will carry out a level of compliance monitoring and enforcement necessary to ensure that the Utah lead-based paint program addresses any significant risks posed by [[Page 31874]] noncompliance with the Utah lead-based paint administrative rules. Additionally, the DAQ will implement all of the components outlined in E/C Element 2 and E/C Element 3. This requires the DAQ to submit an annual report to the EPA Region 8 Administrator summarizing the Utah lead-based paint E/C program activities performed during the previous year for, at least, the first three years of authorization. The following sections provide the additional required information about E/ C Elements 1-3 (as outlined in 40 CFR 745.327): 1. Enforcement and Compliance Element 1 i. Lead-Based Paint Activities and Requirements The DAQ demonstrated in its application that the Utah lead-based paint program has the legislative authority (as shown in the enrolled copy of Senate Bill 118, House Bill 165 (Appendix 3 of the Utah program application) and the Utah Air Conservation Act (Appendix 9 of the Utah program application)) and that its lead-based paint administrative rules meet the standards outlined in 40 CFR 745.326 (as shown in R307- 840, R307-841 and R307-842 UAC, Appendix 4 of the Utah program application). ii. Authority To Enter Authority to enter for the Utah lead-based paint program is found in the Utah Air Conservation Act 19-2-107(2)(d), UCA, which states: (2) The executive secretary may: (d) as authorized by the board, subject to the provisions of this chapter, authorize any employee or representative of the department to enter at reasonable time and upon reasonable notice in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible air pollution. Additional authority to enter is found in the Utah Air Conservation Act 19-2-108(6)(a), UCA, which states: (6)(a) Any authorized officer, employee, or representative of the board may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, modified, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and the rules adopted under it. The Utah lead-based paint program is authorized by the Utah Air Conservation Act 19-2-104(1)(i), 19-2-104(3)(r)(iv) and 19-2-104(3)(w), UCA and the Utah lead-based paint rule was written based on this authority. It is the opinion of the Utah Attorney General's office that the authority stated above is sufficient to perform the inspections necessary to assess compliance with UAC R307-840, UAC R307-841 and UAC R307-842. iii. Flexible Remedies The Utah lead-based paint E/C program will provide for a diverse and flexible array of enforcement remedies. These remedies will include warning letters, notices of noncompliance, notices of violation, administrative or civil actions and criminal actions, when appropriate. The Utah lead-based paint program will be able to select from several enforcement alternatives, taking into consideration the potential or actual risk and the gravity of the violation. Warning letters, notices of noncompliance and notices of violations are methods currently being used within the DAQ and specifically the Utah lead-based paint program. Specific authority to issue notices of violation are found in UCA 19-2-110(1)(a), which states: Whenever the executive secretary has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, he may serve written notice of the violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time. Authority to issue warning letters or notices of noncompliance to initiate voluntary compliance is found in UCA 19-2-110(2), which states: Nothing in this chapter prevents the board from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means. Civil or criminal actions can also be used as a flexible remedy by the Utah lead-based paint program which was authorized through the Utah Air Conservation Act (Title 19, Chapter 2, UCA). The authority to assess civil penalties is found in the Utah Air Conservation Act 19-2- 115(2)(a), UCA, which states: (2)(a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. Authority to assess criminal penalties is found in the Utah Air Conservation Act 19-2-115(3) and (4), UCA, which states: (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: (a) Makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter. iv. Resources To Implement Lead-Based Paint Compliance and Enforcement Program Personnel resources to implement the Utah lead-based paint program include 1.4 Environmental Scientist full time equivalent positions who will perform program administrative as well as E/C duties. The section Manager, Environmental Program Coordinator and Office Technician will provide the necessary support for the administration as well as E/C activities for the lead-based paint program. Additionally, the twelve Utah Local Health Departments/Districts (LHDs) will provide additional inspection support to the DAQ. These LHDs can provide the necessary inspections of lead-based paint activities performed within their jurisdiction. Personnel resources will be reevaluated on an annual basis to determine if they are adequate for the program. Fiscal resources for the Utah lead-based paint program are currently limited to the EPA lead-based paint grant authorized through 40 CFR 745.330 and fees generated by lead-based paint abatement project notification requirements as well as lead-based paint certification fees for individuals and firms. 2. Enforcement and Compliance Element 2 i. Training The DAQ will continue to use its existing procedures for training enforcement and inspection personnel used by the Utah lead-based paint program. Inspectors will receive appropriate training and will be required to demonstrate knowledge of the lead-based paint abatement supervisor, abatement worker, inspector, risk assessor, project designer, renovator and dust sampling technician disciplines. Inspectors will also be trained in violation discovery, obtaining consent, evidence gathering, preservation of evidence and chain-of- custody sampling procedures. Enforcement personnel will [[Page 31875]] meet the training requirements of the inspector as well as additional training in case development procedures and maintenance of proper case files. ii. Compliance Assistance The DAQ will continue to implement its existing compliance assistance program for the public and the regulated community to help facilitate awareness and understanding of the Utah lead-based paint program. The Utah compliance assistance program will continue to focus on the requirements established in the Utah lead-based paint rule but will provide information to the public and regulated communities about other lead-based paint related subjects. iii. Sampling Techniques The Utah lead-based paint program presently has the equipment, training and technological capability necessary to collect samples for E/C issues. State and LHD personnel have received training as part of the Utah lead-based paint inspector and risk assessor courses in performing x-ray fluorescence (XRF) testing and collecting paint chip, dust wipe, soil and water samples. Additional training was received from the XRF manufacturer in analyzing samples with the NITON XLp 300 Series spectrum analyzer currently owned by the DAQ. Equipment to collect paint chip, dust wipe, soil and water samples have been assembled into kits at the DAQ and similar kits have been distributed to the LHDs. The DAQ has contracted with EMSL Analytical, Inc. (EMSL) to conduct the analysis of paint chip, dust wipe, soil and water samples. EMSL has been accredited by the American Industrial Hygiene Association (AIHA) through the EPA Environmental Lead Proficiency Analytical Testing (ELPAT) program (AIHA ELPAT Lab ID#07014). iv. Tracking Tips and Complaints The DAQ has an existing program to track tips and complaints and it is their intent to expand this existing program for use with the RRP program. v. Targeting Inspections The Utah lead-based paint program will continue to use its existing procedures for targeting inspections to ensure compliance with the Utah lead-based paint rule. The principal mechanism to target compliance inspections will be through inspection of firms conducting RRP activities. vi. Follow Up to Inspection Reports The DAQ lead-based paint E/C program will demonstrate the ability to reasonably, and in a timely manner, process and follow up on inspection reports and other information generated through enforcement- related activities. The state lead-based paint program will be in a position to correct lead-based paint violations and effectively develop and issue enforcement remedies as follow up on identified lead-based paint violations. Programs within the DAQ have followed the ``Timely and Appropriate Enforcement Response to Significant Air Pollution Violators'' and the Division's ``Compliance Program Operating Plan,'' or equivalent, which outlines timely and appropriate time frames for inspection and enforcement activities. vii. Compliance Monitoring and Enforcement The Utah lead-based paint program has demonstrated that it has the ability to ensure correction of lead-based paint violations and encompass either planned and/or responsive lead-based paint compliance inspections. The DAQ has also developed and issued enforcement responses, as appropriate, based on the violation. 3. Enforcement and Compliance Element 3 The DAQ will submit the Summary on Progress and Performance report which will summarize the results of implementing the lead-based paint E/C program. These reports will include all the required components as outlined in 40 CFR 745.324(h) and 40 CFR 745.327(d). These reports will be submitted to the EPA Region 8 Administrator on an annual basis for the first three years and either annually or bi-annually thereafter, at the discretion of the EPA. 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, the 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 of TSCA, the EPA Administrator may withdraw authorization of a state or tribal RRP 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 the EPA will follow for the withdrawal of an authorization are found at 40 CFR 745.324(i). List of Subjects in 40 CFR Part 745 Environmental protection, Hazardous substances, Lead, Lead-based paint, Renovation, repair and painting, Work practice standards, Training, certification, Reporting and recordkeeping requirements. Dated: March 23, 2015. Shaun L. McGrath, Regional Administrator, Region 8. [FR Doc. 2015-12802 Filed 6-3-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules 31871
ENVIRONMENTAL PROTECTION Partnerships and Regulatory Assistance, listed in the index, some information is
AGENCY United States Environmental Protection not publicly available, e.g., CBI or other
Agency, Region 8, 1595 Wynkoop Street information whose disclosure is
40 CFR Part 745 (8P–PES), Denver, Colorado 80202; restricted by statute. Certain other
[EPA–R08–OPPT–2015–0044; FRL–9928– telephone: (303) 312–6966; or email: material, such as copyrighted material,
31–Region–8] reichmuth.michelle@epa.gov. will be publicly available only in hard
SUPPLEMENTARY INFORMATION: copy. Publicly available docket
Lead-Based Paint Renovation, Repair I. General Information materials are available electronically at
and Painting Activities in Target II. Background http://www.regulations.gov or, if only
Housing and Child-Occupied Facilities; III. State Program Description Summary available in hard copy, at the addresses
State of Utah; Notice of Self- IV. Federal Overfiling listed below.
Certification Program Authorization V. Withdrawal of Authorization 2. In person: You may read this
AGENCY: Environmental Protection I. General Information document and related documents by
Agency (EPA). visiting the Utah Department of
A. Does this action apply to me? Environmental Quality (UDEQ),
ACTION: Self-certification program
This action is directed to the public Division of Air Quality (DAQ), 195
authorization; request for comments and
in general, to entities offering Lead-Safe North 1950 West, 4th Floor, Salt Lake
opportunity for public hearing.
Renovation courses, and to firms and City, Utah, 84116. You should arrange
SUMMARY: This document announces individuals engaged in renovation and your visit to the UDEQ office by
that on April 20, 2010, the State of Utah remodeling activities of pre-1978 contacting Robert Ford at (801) 536–
was deemed authorized under section housing in the State of Utah. Individuals 4451 or by email at rwford@utah.gov.
404(a) of the Toxic Substances Control and firms falling under the North You may also read this document and
Act (TSCA) to administer and enforce American Industrial Classification related documents by visiting the EPA
requirements for a renovation, repair System (NAICS) codes 231118, 238210, Region 8 Office at 1595 Wynkoop Street,
and painting (RRP) program in 238220, 238320, 531120, 531210, 53131, Denver, Colorado, 80202. You should
accordance with section 402(c)(3) of e.g., General Building Contractors/ arrange your visit by contacting
TSCA. This document also announces Operative Builders, Renovation Firms, Michelle Reichmuth at (303) 312–6966
that the Environmental Protection Individual Contractors, and Special or by email at reichmuth.michelle@
Agency (EPA) is seeking comment Trade Contractors like Carpenters, epa.gov.
during a 45-day public comment period, Painters, Drywall Workers and
C. How and to whom do I submit
and is providing an opportunity to Plumbers, ‘‘Home Improvement’’
comments?
request a public hearing within the first Contractors, as well as Property
15 days of this comment period on Management Firms and some Landlords You may submit comments
whether Utah’s program is at least as are also affected by these rules. This electronically, through the mail, or in
protective as the federal program and listing is not intended to be exhaustive, person. To ensure proper receipt by the
provides for adequate enforcement. This but rather provides a guide for readers EPA, it is important that you identify
document also announces that the regarding entities likely to be affected by docket ID number EPA–R08–OPPT–
authorization of the Utah 402(c)(3) this action. Other types of entities not 2015–0044 in the subject line on the
program, which was deemed authorized listed here could also be affected. The first page of your response.
by regulation and statute, will continue NAICS codes have been provided to 1. Electronically: You may submit
without further notice unless the EPA, assist you and others in determining your comments and hearing requests
based on its own review and/or whether this action might apply to electronically by email to:
comments received during the comment certain entities. If you have any reichmuth.michelle@epa.gov or through
period, disapproves the Utah program questions regarding the applicability of http://www.regulations.gov, or mail
application. this action to a particular entity, consult your computer disk to the address
the technical person listed under FOR identified below. Do not submit any
DATES: Comments, identified by docket FURTHER INFORMATION CONTACT.
identification (ID) number EPA–R08– information electronically that you
OPPT–2015–0044, must be received on B. How can I get additional information, consider to be CBI. Electronic comments
or before July 20, 2015. In addition, a including copies of this document or must be submitted as an ASCII file
public hearing request must be other related documents? avoiding the use of special characters
submitted on or before June 19, 2015. and any form of encryption. Comments
1. Electronically: The EPA has
ADDRESSES: Comments and requests for and data will also be accepted on
established an official record for this
a public hearing may be submitted by standard disks in Microsoft Word or
action under docket ID number EPA–
mail, electronically or in person. Please ASCII file format.
R08–OPPT–2015–0044. The official
follow the detailed instructions for each record consists of the documents 2. By mail: Submit your comments
method as provided in section I. General specifically referenced in this action, and hearing requests to Michelle
Information of the SUPPLEMENTARY this document, the State of Utah Reichmuth, EPA Region 8, 1595
INFORMATION. To ensure proper receipt 402(c)(3) program authorization Wynkoop Street (8P–PES), Denver,
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
by the EPA, it is important that you application, any public comments Colorado 80202.
identify docket ID number EPA–R08– received during an applicable comment 3. By person or courier: Deliver your
OPPT–2015–0044 in the subject line on period, and other information related to comments and hearing requests to: EPA
the first page of your response. this action, including any information Region 8, 1595 Wynkoop Street (8P–
FOR FURTHER INFORMATION CONTACT: claimed as Confidential Business PES), Denver, Colorado 80202. The
Michelle Reichmuth, Technical Contact, Information (CBI). regional office is open from 8 a.m. to 5
Lead, Pesticides and Children’s Health All documents in the official record p.m., Monday through Friday, excluding
Unit, Partnerships and Environmental are listed in the docket index available legal holidays. The telephone number
Stewardship Program, Office of at http://www.regulations.gov. Although for the regional office is (303) 312–6312.
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![Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules 31875
meet the training requirements of the process and follow up on inspection of an authorization are found at 40 CFR
inspector as well as additional training reports and other information generated 745.324(i).
in case development procedures and through enforcement-related activities.
List of Subjects in 40 CFR Part 745
maintenance of proper case files. The state lead-based paint program will
be in a position to correct lead-based Environmental protection, Hazardous
ii. Compliance Assistance substances, Lead, Lead-based paint,
paint violations and effectively develop
The DAQ will continue to implement and issue enforcement remedies as Renovation, repair and painting, Work
its existing compliance assistance follow up on identified lead-based paint practice standards, Training,
program for the public and the regulated violations. Programs within the DAQ certification, Reporting and
community to help facilitate awareness have followed the ‘‘Timely and recordkeeping requirements.
and understanding of the Utah lead- Appropriate Enforcement Response to Dated: March 23, 2015.
based paint program. The Utah Significant Air Pollution Violators’’ and Shaun L. McGrath,
compliance assistance program will the Division’s ‘‘Compliance Program Regional Administrator, Region 8.
continue to focus on the requirements Operating Plan,’’ or equivalent, which
established in the Utah lead-based paint [FR Doc. 2015–12802 Filed 6–3–15; 8:45 am]
outlines timely and appropriate time
rule but will provide information to the frames for inspection and enforcement BILLING CODE 6560–50–P
public and regulated communities about activities.
other lead-based paint related subjects.
vii. Compliance Monitoring and DEPARTMENT OF THE INTERIOR
iii. Sampling Techniques Enforcement
The Utah lead-based paint program The Utah lead-based paint program Fish and Wildlife Service
presently has the equipment, training has demonstrated that it has the ability
and technological capability necessary to ensure correction of lead-based paint 50 CFR Part 17
to collect samples for E/C issues. State violations and encompass either [Docket No. FWS–R2–ES–2015–0028:
and LHD personnel have received planned and/or responsive lead-based FF09E42000 156 FXES11130900000]
training as part of the Utah lead-based paint compliance inspections. The DAQ
paint inspector and risk assessor courses has also developed and issued RIN 1018–AX99
in performing x-ray fluorescence (XRF) enforcement responses, as appropriate,
testing and collecting paint chip, dust based on the violation. Endangered and Threatened Wildlife
wipe, soil and water samples. and Plants; Removing the Hualapai
Additional training was received from 3. Enforcement and Compliance Mexican Vole From the Federal List of
the XRF manufacturer in analyzing Element 3 Endangered and Threatened Wildlife
samples with the NITON XLp 300 Series The DAQ will submit the Summary
AGENCY: Fish and Wildlife Service,
spectrum analyzer currently owned by on Progress and Performance report
Interior.
the DAQ. Equipment to collect paint which will summarize the results of
implementing the lead-based paint E/C ACTION: Proposed rule and 12-month
chip, dust wipe, soil and water samples
have been assembled into kits at the program. These reports will include all petition finding; request for comments.
DAQ and similar kits have been the required components as outlined in SUMMARY: Under the authority of the
distributed to the LHDs. The DAQ has 40 CFR 745.324(h) and 40 CFR Endangered Species Act of 1973, as
contracted with EMSL Analytical, Inc. 745.327(d). These reports will be amended (Act), we, the U.S. Fish and
(EMSL) to conduct the analysis of paint submitted to the EPA Region 8 Wildlife Service (Service), announce a
chip, dust wipe, soil and water samples. Administrator on an annual basis for the 12-month finding on a petition and a
EMSL has been accredited by the first three years and either annually or proposed rule to remove the Hualapai
American Industrial Hygiene bi-annually thereafter, at the discretion Mexican vole (Microtus mexicanus
Association (AIHA) through the EPA of the EPA. hualpaiensis) from the Federal List of
Environmental Lead Proficiency IV. Federal Overfiling Endangered and Threatened Wildlife
Analytical Testing (ELPAT) program because the original classification is no
(AIHA ELPAT Lab ID#07014). Section 404(b) of TSCA makes it
unlawful for any person to violate or fail longer the most appropriate
iv. Tracking Tips and Complaints or refuse to comply with any determination. This action is based on
requirement of an approved state a thorough review of the best available
The DAQ has an existing program to
program. Therefore, the EPA reserves scientific and commercial information,
track tips and complaints and it is their
the right to exercise its enforcement which indicates that the currently listed
intent to expand this existing program
authority under TSCA against a subspecies is not a valid taxonomic
for use with the RRP program.
violation of, or a failure or refusal to entity. We are seeking information, data,
v. Targeting Inspections comply with, any requirement of an and comments from the public on this
The Utah lead-based paint program authorized state program. proposed rule.
will continue to use its existing DATES: To ensure that we are able to
V. Withdrawal of Authorization consider your comments on this
procedures for targeting inspections to
ensure compliance with the Utah lead- Pursuant to section 404 of TSCA, the proposed rule, they must be received or
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
based paint rule. The principal EPA Administrator may withdraw postmarked on or before August 3, 2015.
mechanism to target compliance authorization of a state or tribal RRP Comments submitted to the Federal
inspections will be through inspection program after notice and opportunity for eRulemaking Portal (see ADDRESSES)
of firms conducting RRP activities. corrective action, if the program is not must be received by 11:59 p.m. Eastern
being administered or enforced in Time on the closing date. Any
vi. Follow Up to Inspection Reports compliance with standards, regulations comments that we receive after the
The DAQ lead-based paint E/C and other requirements, established closing date may not be considered in
program will demonstrate the ability to under the authorization. The procedures the final decision on this action. We
reasonably, and in a timely manner, the EPA will follow for the withdrawal must receive requests for public
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Document Created: 2015-12-15 15:23:58
Document Modified: 2015-12-15 15:23:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Self-certification program authorization; request for comments and opportunity for public hearing. | |
| Dates | Comments, identified by docket identification (ID) number EPA- R08-OPPT-2015-0044, must be received on or before July 20, 2015. In addition, a public hearing request must be submitted on or before June 19, 2015. | |
| Contact | Michelle Reichmuth, Technical Contact, Lead, Pesticides and Children's Health Unit, Partnerships and Environmental Stewardship Program, Office of Partnerships and Regulatory Assistance, United States Environmental Protection Agency, Region 8, 1595 Wynkoop Street (8P-PES), Denver, Colorado 80202; telephone: (303) 312-6966; or email: [email protected] | |
| FR Citation | 80 FR 31871 | |
| CFR Associated | Environmental Protection; Hazardous Substances; Lead; Lead-Based Paint; Renovation; Repair and Painting; Work Practice Standards; Training; Certification and Reporting and Recordkeeping Requirements |
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