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Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; State of Kansas Authorization Application
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 14, 2000 (Volume 65, Number 10)]
[Notices]
[Page 2396-2398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja00-51]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-KS; FRL-6397-6]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Kansas Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On November 8, 1999, the State of Kansas submitted an
application for EPA approval to administer and enforce training and
certification requirements, training program accreditation
requirements, and work practice standards for 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 Kansas application, provides a
45-day public comment period, and provides an opportunity to request a
public hearing on the application. Kansas has provided self-
certification of a lead program meeting the requirements for approval
under section 404 of TSCA. Therefore, pursuant to section 404 of TSCA,
the State program is deemed authorized as of the date of submission. If
EPA subsequently finds that the program does not meet all the
requirements for approval of a State program, EPA will work with the
State to correct any deficiencies in order to approve the program. If
the deficiencies are not corrected, a notice of disapproval will be
issued in the Federal Register and a Federal program will be
implemented in the State.
DATES: Comments, identified by docket control number PB-402404-KS, must
be received on or before February 28, 2000. In addition, public hearing
requests may be submitted on or before February 28, 2000.
ADDRESSES: Comments and public hearing requests may be submitted by
mail, electronically, or in person. Please follow the detailed
instructions for each method as provided in Unit I. of the
``SUPPLEMENTARY INFORMATION.'' To ensure proper receipt by EPA, it is
imperative that you identify docket control number PB-402404-KS in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: Mazzie Talley, Lead Coordinator,
Radiation, Asbestos, Lead and Indoor Programs Branch, Air, RCRA and
Toxics Division, Environmental Protection Agency, Region VII, 901 North
5th St., Kansas City, KS 66101; telephone number: (913) 551-
7518; e-mail address: talley.mazzie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may,
however, be of interest to firms and individuals engaged in lead-based
paint activities in the State of Kansas. Since other entities may also
be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under ``FOR FURTHER INFORMATION
CONTACT.''
B. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number PB-402404-KS. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as confidential business
[[Page 2397]]
information (CBI). This official record includes the documents that are
physically located in the docket, as well as the documents that are
referenced in those documents. The public version of the official
record does not include any information claimed as CBI. The public
version of the official record, which includes printed, paper versions
of any electronic comments submitted during an applicable comment
period, is available for inspection from 8 a.m. to 5 p.m., Monday
through Friday, excluding legal holidays. The docket is located at the
regional office 901 North 5th St., Kansas City, KS.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number PB-402404-KS in the subject line on
the first page of your response.
1. By mail. Submit comments and hearing requests to: Mazzie Talley,
Lead Coordinator, Radiation, Asbestos, Lead and Indoor Programs Branch,
Air, RCRA and Toxics Division, Environmental Protection Agency, Region
VII, 901 North 5th St., Kansas City, KS 66101.
2. In person or by courier. Deliver comments and hearing requests
to: Radiation, Asbestos, Lead and Indoor Programs Branch, Air, RCRA and
Toxics Division, Environmental Protection Agency, Region VII, 901 North
5th St., Kansas City, KS 66101. The regional office is open
from 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the regional office is (913) 551-7020.
3. Electronically. You may submit comments and hearing requests
electronically by e-mail to: ``talley.mazzie@epa.gov,'' or mail your
computer disk to the address identified above. Do not submit any
information electronically that you consider to be Confidential
Business Information (CBI). Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on standard disks
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic
form must be identified by docket control number PB-402404-KS.
Electronic comments may also be filed online at many Federal Depository
Libraries.
D. How Should I Handle CBI Information That I Want To Submit to the
Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under ``FOR FURTHER INFORMATION
CONTACT.''
II. Background
A. What Action is the Agency Taking?
The State of Kansas has provided a self-certification letter
stating that its lead-based paint training and certification program
meets the requirements for authorization of a State program under
section 404 of TSCA and has requested approval of the Kansas lead-based
paint training and certification program. Therefore, pursuant to
section 404 of TSCA, the program is deemed authorized as of the date of
submission (i.e., November 8, 1999). If EPA subsequently finds that the
program does not meet all the requirements for approval of a State
program, EPA will work with the State to correct any deficiencies in
order to approve the program. If the deficiencies are not corrected, a
notice of disapproval will be issued in the Federal Register and a
Federal program will be implemented in the State.
Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), EPA
provides notice and an opportunity for a public hearing on a State or
Tribal program application before approving the application. Therefore,
by this notice EPA is soliciting public comment on whether the State of
Kansas application meets the requirements for EPA approval. This notice
also provides an opportunity to request a public hearing on the
application. If a hearing is requested and granted, EPA will issue a
Federal Register notice announcing the date, time, and place of the
hearing. EPA's final decision on the application will be published in
the Federal Register.
B. What is the Agency's Authority for Taking this Action?
On October 28, 1992, the Housing and Community Development Act of
1992, Pubic Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled ``Lead Exposure Reduction.''
Section 402 of TSCA authorizes and directs EPA to promulgate final
regulations governing lead-based paint activities in target housing,
public and commercial buildings, bridges, and other structures. Those
regulations are to ensure that individuals engaged in such activities
are properly trained, that training programs are accredited, and that
individuals engaged in these activities are certified and follow
documented work practice standards. Under section 404 of TSCA, a State
may seek authorization from EPA to administer and enforce its own lead-
based paint activities program.
In the Federal Register of August 29, 1996 (61 FR 45777) (FRL-5389-
9), EPA promulgated final TSCA section 402/404 regulations governing
lead-based paint activities in target housing and child-occupied
facilities (a subset of public buildings). Those regulations are
codified at 40 CFR part 745, and allow both States and Indian Tribes to
apply for program authorization. Pursuant to section 404(h) of TSCA,
EPA is to establish the Federal program in any State or Tribal Nation
without its own authorized program in place by August 31, 1998.
States and Tribes that choose to apply for program authorization
must submit a complete application to the appropriate Regional EPA
Office for review. Those applications will be reviewed by EPA within
180 days of receipt of the complete application. To receive EPA
approval, a State or Tribe must demonstrate that its program is at
least as protective of human health and the environment as the Federal
program, and provides for adequate enforcement (15 U.S.C. 2684(b)).
EPA's regulations (40 CFR part 745, subpart Q) provide the detailed
requirements a State or Tribal program must meet in order to obtain EPA
approval.
A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA approval, by submitting a letter
signed by the Governor or Attorney General stating that the program
meets the requirements of section 404(b) of TSCA. Upon submission of
such certification letter, the program is deemed
[[Page 2398]]
authorized. This authorization becomes ineffective, however, if EPA
disapproves the application or withdraws the program authorization.
III. State Program Description Summary
The following summary of the State of Kansas proposed program has
been provided by the applicant.
The Kansas Department of Health and Environment, Lead Poisoning
Prevention Program certifies lead professionals, accredits the required
training programs, licenses lead activity firms, and enforces the work
practice standards for conducting lead-based paint activities and
abatement projects. The department operates under the authority of
Senate Bill 107 and Kansas Administrative Regulations (1999) 28-72-1 to
28-72-22. Together, these functions fulfill the requirements for an EPA
approved State program and ensure the quality of lead abatement and
lead-based paint activities conducted in Kansas.
The Lead Poisoning Prevention Program certifies individuals and
accredits training programs for the following lead occupations: Lead
inspectors, risk assessors, lead abatement workers, lead abatement
supervisors, project designers, and lead abatement contractors. For
each occupation, an applicant for certification must meet or exceed
education and experience requirements, successfully complete an
appropriate training program, and score at least 70% on the national
3rd party examination for lead inspectors, risk assessors,
and lead abatement supervisors all pursuant to regulation. An applicant
for a lead abatement contractor has no experience and education
requirements. The licensed lead abatement contractor's application
includes a statement that it will only hire certified individuals to
conduct lead-based paint activities and that it will follow approved
work practice standards.
Certified lead professionals must comply with Kansas Work Practice
Standards when conducting lead-based paint activities on target housing
or child-occupied facilities. These work practice standards ensure that
lead-based paint activities are conducted reliably, effectively, and
safely. The department has the authority to take administrative or
civil actions or seek criminal actions against an entity that violates
the work practice standards or fails to comply with any part of the
licensure, certification, or accreditation regulations.
The Lead Poisoning Prevention Program staffing consists of the
following: Barry Brooks, Director, Public Service Executive; Sue
Bowden, Nurse Consultant, Public Health Nurse; Trent Roehler, Office/
Accounting Specialist; Wendy Butler, Intern; and Tom Morey, Health and
Environment Consultant.
IV. Federal Overfiling
Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
or Tribal program. Therefore, EPA reserves the right to exercise its
enforcement authority under TSCA against a violation of, or a failure
or refusal to comply with, any requirement of an authorized State or
Tribal program.
V. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of this document in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: December 21, 1999.
Dennis D. Grams,
Administrator, Region VII.
[FR Doc. 00-965 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-F