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

[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70021-70023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32417]


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 ENVIRONMENTAL PROTECTION AGENCY

 [PB-402404-MO; FRL-6385-3]


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

 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Notice.

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 SUMMARY: On September 1, 1999, the State of Missouri 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 Missouri's application, provides 
a 45-day public comment period, and provides an opportunity to request 
a public hearing on the application. Missouri 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-MO , 
must be received on or before January 31, 2000. In addition, a public 
hearing request may be submitted on or before January 31, 2000.
 ADDRESSES: Comments and the public hearing request 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-MO 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, 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 Missouri. 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

[[Page 70022]]

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/.

 C. How and to Whom Do I Submit Comments and Hearing Requests?

     You may submit comments and hearing requests through the mail, in 
person, or electronically. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number PB-402404-MO in the 
subject line on the first page of your response.
    1. By mail. Submit your comments and hearing requests to: Mazzie 
Talley, Lead Coordinator, Radiation, Asbestos, Lead and Indoor Programs 
Branch, Air, RCRA and Toxics Division, Environmental Protection Agency, 
901 North 5th St., 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 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 your 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 CBI. Electronic 
comments and hearing requests must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption. 
Comments and data and hearing requests will also be accepted on 
standard disks in WordPerfect 6.1/8.0 or ASCII file format. All 
comments and hearing requests in electronic form must be identified by 
docket control number PB-402404-MO. Electronic comments and hearing 
requests 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 identified under ``FOR FURTHER INFORMATION 
CONTACT.''

II. Background

A. What Action is the Agency Taking?

     The State of Missouri 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 Missouri 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., September 1, 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 
Missouri's 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. 
2681-2692), 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.
     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, 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 (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 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. This 
authorization becomes ineffective, however, if EPA disapproves the 
application or withdraws the program authorization.

[[Page 70023]]

III. State Program Description Summary

     The following summary of the State of Missouri's proposed program 
has been provided by the applicant.
     The Missouri Department of Health, Office of Lead Licensing and 
Accreditation (OLLA) licenses lead professions, accredits the required 
training programs and enforces the work practice standards for 
conducting lead-bearing substance activities. The OLLA operates under 
the authority of Revised Statutes of Missouri (1998) 701.300 to 
701.338. Together, these functions fulfill the requirements for an EPA 
approved State program and ensure the quality of lead abatement and 
assessment conducted in Missouri.
     The OLLA licenses 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 
licensure must meet or exceed education and experience requirements, 
successfully complete an appropriate training program, and score at 
least 70% on the State licensing examination for lead inspectors, risks 
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 certification that it will only hire licensed 
individuals to conduct lead-bearing substance activities and that it 
will follow the work practice standards.
     Licensed lead professionals must comply with Missouri Work 
Practice Standards when conducting lead-bearing substance activities on 
target housing or child-occupied facilities. These work practice 
standards ensure that lead-bearing substance activities are conducted 
reliably, effectively, and safely. The OLLA 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 regulations.
     The OLLA currently has three full-time professional 
administrators: Health Program Representative III (Director), Health 
Program Representative I, and Environmental Specialist II. The Office 
also has one full-time Clerk Typist II.

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: November 18, 1999.

William Rice,

Acting Administrator, Region VII.

[FR Doc. 99-32417 Filed 12-14-99; 8:45 am]
BILLING CODE 6560-50-F