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Lead-Based Paint Activities; State of North Dakota Lead-Based Paint Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 8, 2003 (Volume 68, Number 5)]
[Notices]
[Page 1059-1061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja03-34]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2002-0080; FRL-7282-8]
Lead-Based Paint Activities; State of North Dakota Lead-Based
Paint Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; requests for comments and opportunity for public
hearing.
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SUMMARY: On October 4, 2002, EPA received an application from the State
of North Dakota requesting authorization to administer a Program in
accordance with section 402 of the Toxic Substances Control Act (TSCA).
Included in the application was a letter signed September 26, 2002, by
the Governor of North Dakota. stating that the State's Lead-Based Paint
Abatement Program is at least as protective of human health and the
environment as the Federal program under TSCA section 402. Also,
included was a letter from the Attorney General of North Dakota,
certifying that the laws and regulations of the State provided adequate
legal authority to administer and enforce TSCA section 402. North
Dakota certifies that its program meets the requirements for approval
of a State program under section 404 of TSCA and that North Dakota has
the legal authority and ability to implement the appropriate elements
necessary to enforce the program. Therefore, pursuant to 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 be
established. Today's notice announces the receipt of North Dakota's
application, provides a 45-day public comment period, and an
opportunity to request a public hearing on the application.
DATES: Comments on the application must be received on or before
February 24, 2003.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket ID number 2002-0080 (in duplicate) to:
Amanda Hasty, Environmental Protection Agency, Region VIII, 8P-P3T, 999
18th St., Suite 300, Denver, CO 80202-2466.
Comments, data, and requests for a public hearing may also be
submitted electronically to: hasty.amanda@epa.gov. Follow the
instructions under Unit V. of this document. No information claimed to
be Confidential Business Information (CBI) should be submitted through
e-mail.
FOR FURTHER INFORMATION CONTACT: Dave Combs, Regional Toxics Team
Leader, 999 18th St., Suite 300, 8P-P3T, Denver, CO 80202-2466;
telephone (303) 312-6021; e-mail address: combs.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General
A. Does this Notice Apply to Me?
This notice is directed to the public in general. This notice may,
however, be of interest to firms and individuals engaged in lead-based
paint activities in North Dakota. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by the notice. If you have any questions
regarding the applicability of this notice to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.
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. The Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-92), titled ``Lead Exposure Reduction.''
Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to
promulgate final regulations governing lead-based paint activities in
target housing, public and commercial buildings, bridges and other
structures. 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). These regulations are to ensure that
individuals engaged in such activities are properly trained, that
training programs are accredited, and that individuals engaged in these
activities are certified and follow documented work practice standards.
Under section 404 (15 U.S.C. 2684), a State or Indian Tribe may seek
authorization from EPA to administer and enforce its own lead-based
paint activities program.
States and Tribes that choose to apply for program authorization
must submit a complete application to the appropriate Regional EPA
Office for review. EPA will review those applications within 180 days
of receipt of the complete application. To receive
[[Page 1060]]
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 authorization.
A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA authorization, by submitting a
letter signed by the Governor or the 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 until such time as EPA disapproves the program application
or withdrawals the application.
Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether North Dakota's application meets the
requirements for EPA approval. This notice also provides an opportunity
to request a public hearing on the application. If EPA finds that the
program does not meet the requirements for authorization of a state
program, EPA will disapprove the program application, at which time a
notice will be issued in the Federal Register and the Federal program
will be established in North Dakota.
II. State Program Description Summary
This summary is provided in accordance with 40 CFR 745.324(a)(4).
The applicant has provided the following summary of their lead program.
The 2001 North Dakota Legislative session adopted changes to North
Dakota's Century Code (NDCC) 23-25, ``Air Pollution Control Law.''
These changes authorized North Dakota's Department of Health (NDDH) to
adopt and enforce certain requirements of 40 CFR part 745, subpart L,
into the North Dakota Administrative Code (NDAC). The NDDH began
amending the NDAC in January 2002. The amendments to the NDAC were
adopted in accordance with the administrative rule practices
requirements contained in NDCC 28-32 titled ``Administrative Agencies
Practice Act.''
On April 19, 2002, a public hearing was held to consider comments
on the proposed administrative rule amendments. Comments were accepted
for 30 days before and 30 days after the public hearing. A regulatory
analysis including the classes of people probably affected, probable
impact including economic impact, probable impact to the Department and
alternative methods considered were prepared and made available prior
to the start of the public comment period. In addition, the Department
prepared a takings assessment (economic analysis) and a stringency
determination in conjunction with the regulatory analysis.
On June 18, 2002, the State Health Council adopted the final rule.
On August 1, 2002, the North Dakota Legislative Council published the
North Dakota Administrative Code (NDAC) 33-15-24 titled ``Standards for
Lead-Based Paint Activities,'' to adopt certain provisions of 40 CFR
part 745, subpart L, into the North Dakota Administrative Code. The
rule became effective September 1, 2002.
On August 15, 2002, a public hearing was held regarding North
Dakota's intent to seek EPA authorization of its lead-based paint
program. Comments were accepted for 30 days before and 30 days after
the public hearing. No comments were received concerning North Dakota's
intent to seek EPA authorization of its program. NDAC 33-15-24
references with minor changes the requirements contained in 40 CFR
745.220, ``Scope and Applicability,'' Sec. 745.223, ``Definitions,''
Sec. 745.225, ``Accreditation of Training Programs: Target Housing and
Child-Occupied Facilities,'' Sec. 745.226, ``Certification of
Individuals and Firms Engaged in Lead-Based Paint Activities: Target
Housing and Child-Occupied Facilities,'' Sec. 745.227, ``Work Practice
Standards for Conducting Lead-Based Paint Activities: Target Housing
and Child-Occupied Facilities,'' and Sec. 745.233, ``Lead-Based Paint
Activities Requirements.'' Minor changes were made to these sections.
The term ``certification of companies'' was replaced with ``licensing
of companies.'' The term ``certification'' was reserved for
individuals. The terminology change was made for clarification and ease
of implementation when discussing requirements with the regulated
community. All references to EPA grandfather clauses, which preceded
the rulemaking, were deleted. Definitions including chewable surface,
dripline, lead-based paint hazard, wipe sample, dust lead hazard, paint
lead hazard, soil lead hazard, work practice requirement and renovation
were adopted from 40 CFR 745.63, 745.65, and 745.83. Elevated blood
lead level concentration was changed from 20 micrograms per deciliter
to 10 micrograms per deciliter to follow the U.S. Center for Disease
Control (CDC) guidelines. Notification requirements were added to NDAC
33-15-24-03. The notification requirements contain provisions for
notification to the State prior to beginning lead-based paint abatement
activities and prior to conducting lead-based paint abatement courses.
Also, fees for certification of individuals, licensing of companies and
accreditation of lead-based paint courses were established in NDAC 33-
15-24-04.
Several other minor changes were made. These changes are discussed
in more detail in a document titled, ``Summary of Proposed North
Dakota's Lead-Based Paint Rules, January 2002.'' The North Dakota Lead
Activities program will be administered by the North Dakota Department
of Health, Division of Air Quality. The North Dakota Department of
Health began implementing its program on the day the rule became
effective, September 1, 2002. Additional information, copies of the
documents referenced above and application forms for licensing and
certification may be obtained by contacting the North Dakota Department
of Health at (701) 328-5188.
In accordance with 40 CFR 745.324(d), ``Program Certification,''
the Governor of North Dakota submitted a self-certification letter to
the EPA Administrator on September 26, 2002, certifying that the State
program meets the requirements contained in 40 CFR part
745.324(e)(2)(i) and (e)(2)(ii). Included in the application was a
letter from the Attorney General of North Dakota, certifying that the
laws and regulations of the State provided adequate legal authority to
administer and enforce TSCA section 402. Therefore, as of September 26,
2002, the State of North Dakota is authorized to administer and enforce
the lead-based paint program under TSCA section 402, until such time as
the Administrator disapproves the application or withdraws the State's
Program authorization.
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.
[[Page 1061]]
IV. Public Record and Electronic Submissions
The official record for this action, as well as the public version,
has been established under docket ID number 2002-0080. Copies of this
notice, the State of North Dakota's authorization application, and all
comments received on the application are available for inspection in
the Region VIII office, from 8 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket is located at EPA, Region VIII,
and 8P-P3T, 999 18th St., Suite 300, Denver CO 80202.
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,''
[ldq]uo;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:
hasty.amanda@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 ID number. Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Information claimed as CBI should not be submitted electronically.
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 as amended 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 in 40 CFR Part 180
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: December 12, 2002.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 03-337 Filed 1-7-03; 8:45 am]
BILLING CODE 6560-50-S