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

[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Notices]
[Pages 12807-12809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6273]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-NJ; FRL-6055-4]


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

 AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On November 30, 1998, the State of New Jersey 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 New Jersey's application, provides a 45 day 
public comment period, and provides an opportunity to request a public 
hearing on the application. New Jersey has provided a certification 
that its program meets the requirements for approval of a State program 
under TSCA section 404. Therefore, pursuant to TSCA section 404, the 
program is deemed authorized as of the date of submission. If EPA finds 
that the program does not meet the requirements for approval of a State 
program, EPA will disapprove the program, at which time a notice will 
be issued in the Federal Register and the Federal program will take 
effect in New Jersey.

 DATES: Comments on the authorization application must be received on 
or before April 29, 1999. Public hearing requests must be received on 
or before March 29, 1999.

 ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket number ``PB-402404-NJ'' (in duplicate) to: 
Environmental Protection Agency, Region II, Pesticides and Toxic 
Substances Branch, 2890 Woodbridge Ave., MS-225, Edison, NJ 08837-3679.
    Comments, data, and requests for a public hearing may also be 
submitted electronically to: bevilacqua.louis@epa.gov. Follow the 
instructions under Unit IV of this document. No information claimed to 
be Confidential Business Information (CBI) should be submitted through 
e-mail.

FOR FURTHER INFORMATION CONTACT: Louis Bevilacqua, Regional Lead 
Coordinator, Pesticides and Toxic Substances Branch, Environmental 
Protection Agency, Region II, 2890 Woodbridge Ave., MS-225, Edison, NJ 
08837-3679, telephone: (732) 321-6671, e-mail address: 
bevilacqua.louis@epa.gov.

 SUPPLEMENTARY INFORMATION:

 I. Background

    On October 28, 1992, the Housing and Community Development Act of 
1992, Pub. L. 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), entitled Lead Exposure Reduction.
    TSCA section 402 (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 TSCA 
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 TSCA section 404(h) (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. 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 TSCA section 404(b). 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.
    Pursuant to TSCA section 404(b) (15 U.S.C. 2684(b)), EPA provides 
notice and an opportunity for a public hearing on a State or Tribal 
program application before authorizing the program. Therefore, by this 
notice EPA is soliciting public comment on whether New Jersey'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 .

II. State Program Description Summary

    The following summary of New Jersey's proposed program has been 
provided by the applicant:
    The State of New Jersey, through the Department of Health and 
Senior Services, has implemented its lead-based paint program based on 
the following outlined structure.
    The ``Lead Abatement and Evaluation Act,'' Pub.L. 1993, c.288, was 
signed into law on December 12, 1993, and directed the Commissioner of 
the Department of Health and Senior Services (DHSS) to establish a 
certification program to assure the competency of individuals 
performing lead abatement or lead evaluation work in all buildings and 
structures in a safe and reliable manner. The Act also required the 
Commissioner of the Department of Community Affairs (DCA) to certify 
business firms prior to their performing lead evaluations or abatement 
work. The Act further directed the prescription of standards to ensure 
that these activities are conducted safely. The Act further required 
the DCA to delegate its administrative and enforcement duties to the 
Department of Labor (DOL) for

[[Page 12808]]

buildings and structures that do not contain dwelling units. Effective 
May 29, 1998, by Executive order, all of the duties and 
responsibilities carried out by DOL were transferred to DCA.
    On February 21, 1995, DHSS adopted N.J.A.C. 8:62, ``Standards for 
Lead Certification,'' establishing standards for the certification of 
training providers and the permitting of lead abatement workers, 
supervisors, inspectors/risk assessors, and planner/project designers. 
These rules specify the educational and experiential requirements for 
each discipline, the application process to obtain a permit, the 
required training course and examination, and renewal procedures. These 
rules also establish certification standards for training providers and 
training courses which specify the curriculum for each discipline. 
These rules further specify remedial measures available to the DHSS 
should an individual be in violation of these requirements.
    On July 17, 1995, DCA adopted N.J.A.C. 5:17, ``Lead Hazard 
Evaluation and Abatement Code,'' as well as, amendments to N.J.A.C. 
5:23, ``Uniform Construction Code,'' establishing the rules for the 
certification of business firms that perform lead evaluation and 
abatement and the prescription of work practice standards. These rules 
require contractors performing lead abatement to obtain a work permit 
under the ``Uniform Construction Code.'' The rules specify remedial 
measures available to DCA in the occurrence of violations. The proposed 
new rules at N.J.A.C. 5:17 serve as a companion to the rules 
promulgated at N.J.A.C. 8:62 fulfilling the legislative mandate.
    The ``Uniform Construction Code'' was amended by incorporating 
definitions of lead abatement and lead evaluation requiring a 
construction permit to be issued for abatement work and listing the 
information to be required in the permit application. The amendments 
established fees and the need for a lead abatement clearance 
certificate once an abatement is successfully completed.

III. Federal Overfiling

    TSCA section 404(b) (15 U.S.C. 2684(b)) 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.

IV. Public Record and Electronic Submissions

    The official record for this action, as well as the public version, 
has been established under docket control number ``PB-402404-NJ.'' 
Copies of this notice, the State of New Jersey's authorization 
application, and all comments received on the application are available 
for inspection in the Region II Office, from 8 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The docket is located 
at Environmental Protection Agency, Region II, Pesticides and Toxic 
Substances Branch, Building 209, Bay B, Lead Team Office, 2890 
Woodbridge Ave., Edison, NJ 08837-3679.
    Commenters are encouraged to structure their comments so as not to 
contain information for which CBI claims would be made. However, any 
information claimed as CBI must be marked ``confidential,'' ``CBI,'' or 
with some other appropriate designation, and a commenter submitting 
such information must also prepare a nonconfidential version (in 
duplicate) that can be placed in the public record. Any information so 
marked will be handled in accordance with the procedures contained in 
40 CFR part 2. Comments and information not claimed as CBI at the time 
of submission will be placed in the public record.
    Electronic comments can be sent directly to EPA at:

    bevilacqua.louis@epa.gov.

     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 disks in WordPerfect 5.1/6.1 or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket control number ``PB-402404-NJ.'' Electronic 
comments on this document may be filed online at many Federal 
Depository Libraries. Information claimed as CBI should not be 
submitted electronically.

V. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    EPA's actions on State or Tribal lead-based paint activities 
program applications are informal adjudications, not rules. Therefore, 
the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.), the Congressional Review Act (5 U.S.C. 801 et seq.), 
Executive Order 12866 (Regulatory Planning and Review, 58 FR 51735, 
October 4, 1993), and Executive Order 13045 (Protection of Children 
from Environmental Health Risks and Safety Risks, 62 FR 1985, April 23, 
1997), do not apply to this action. This action does not contain any 
Federal mandates, and therefore is not subject to the requirements of 
the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538). In addition, 
this action does not contain any information collection requirements 
and therefore does not require review or approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.).

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local, or Tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and Tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and Tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's action does not create an unfunded Federal mandate on 
State, local, or Tribal governments. This action does not impose any 
enforceable duties on these entities. Accordingly, the requirements of 
section 1(a) of Executive Order 12875 do not apply to this action.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the Tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in

[[Page 12809]]

a separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected Tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's action does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this action.

    Authority: 15 U.S.C. 2682, 2684.

List of Subjects

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

    Dated: February 8, 1999.

William J. Muszynski,

Acting Regional Administratior, Region II.

[FR Doc. 99-6273 Filed 3-12-99; 8:45 am]
BILLING CODE 6560-50-F