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Lead-Based Paint Activities; State of Hawaii Lead-Based Paint Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 5, 2006 (Volume 71, Number 171)]
[Notices]
[Page 52327-52329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se06-29]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0494; FRL-8075-3]
Lead-Based Paint Activities; State of Hawaii 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 November 17, 2005, EPA received an application from the
State of Hawaii 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 by Hawaii's Attorney
General 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 in the letter
from the Attorney General of Hawaii is the certification that the laws
and regulations of the State of Hawaii provide adequate legal authority
to administer and enforce TSCA section 402. The application was
followed by a transmittal letter of February 8, 2006, from the Governor
of the State of Hawaii requesting program approval. Hawaii certifies
that its program meets the requirements for approval of a State program
under TSCA section 404 and that Hawaii has the legal authority and
ability to implement the appropriate elements necessary to enforce the
program. 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 be established. This
notice announces the receipt of Hawaii'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
October 20, 2006.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket identification (ID) numberEPA-HQ-OPPT-
2006-0494, by one of the following methods:
? Federal eRulemaking Portal:http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
? Fax: (415) 947-3583.
? Mail: Nancy Oien, Regional Lead Coordinator, Environmental Protection
[[Page 52328]]
Agency, Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901.
? Delivery: Environmental Protection Agency, Region IX, CED-
4, 75 Hawthorne St., San Francisco, CA 94105-3901.
Instructions: Direct your comments to Docket ID number EPA-HQ-OPPT-
2006-0494. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going throughregulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of the
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage athttp://www.epa.gov/epahome/dockets.htm.
Comments, data, and requests for a public hearing may also be
submitted electronically to: oien.nancy@epa.gov.
Docket: All documents in the docket are listed in thedocket index.
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 either electronically at
http://www.regulations.gov or in hard copy at the EPA Region IX Library
at 75 Hawthorne St., San Francisco, CA 94105. This docket facility is open
from 8 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The docket facility telephone number is (415) 947-4406.
FOR FURTHER INFORMATION CONTACT: Nancy Oien, Regional Lead Coordinator,
Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901;
telephone: (415) 972-3780; e-mail address: oien.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General
A. Does this Action 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 Hawaii. 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.
2681-2692), 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 TSCA 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 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 withdraws 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 Hawaii'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 Hawaii.
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.
On September 19, 2005, Hawaii's Department of Health (HDH) adopted
Title 11, Chapter 11-41, Hawaii Administrative Rules titled ``Lead-
Based Paint Activities'' pursuant to Hawaii statutes in Chapters 91 and
92 and Hawaii's revised statute in section 321-11. These changes
authorized Hawaii's Department of Health to adopt and enforce
requirements equivalent to the requirements of 40 CFR part 745, subpart
L, into Hawaii's Administrative Rules in accordance with Hawaii's
Revised Statutes, Title 19, Chapter 342P.
Public hearings were held on April 22, 2004, Hilo, Island of
Hawaii; April 23, 2004, Kailua Kona, Island of Hawaii; May 4, 2004,
Lihue, Kona; May 6, 2004, Wailuku, Maui; and May 7, 2004, Honolulu,
Oahu to consider comments on the proposed adoption of
[[Page 52329]]
administrative rule amendments and Hawaii's intent to seek EPA
authorization of its lead-based paint program. Comments were accepted
for 40 days after the published date of March 29, 2004. There were no
oral comments given at the hearings, but two sets of written comments
were received. The written comments were technical in nature and some
changes were made to remain as protective as the Federal standards.
These changes were reviewed by the State Attorney General who deemed
that no additional public hearing was required. The Post Hearing Small
Business Impact Statement was written and approved by the Small
Business Regulatory Review Board pursuant to section 201M-3, Hawaii
Revised Statutes and the Hawaii's Governor's Administrative Directive
No. 99-02.
On September 19, 2005, the Governor of the State of Hawaii signed
the final rule. The final rule became effective on October 3, 2005. The
Hawaii Department of Health began implementing its program on October
3, 2005. Additional information, copies of the documents referenced
above, and application forms for licensing and certification may be
obtained by contacting: Tom Lileikis, Environmental Health Specialist,
Hawaii Health Department, Noise, Radiation, and Indoor Air Quality
Branch, 591 Ala Moana Blvd., #133, Honolulu, Hawaii 96813;
telephone number: (808) 586-5800; e-mail address:
tlileiki@ehsdmail.health.state.hi.us.
EPA determined that Hawaii's original application of November 17,
2005, was incomplete as the transmittal letter from the State Governor
requesting program approval was missing. The State of Hawaii submitted
the Governor's request on February 8, 2006, in accordance with 40 CFR
745.324(d), ``Program Certification,'' certifying that the State
program meets the requirements contained in 40 CFR 745.324(e)(2)(i) and
(e)(2)(ii). Therefore, as of November 17, 2005, the State of Hawaii 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
Section 404(b) of TSCA (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. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq. 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
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: August 3, 2006.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E6-14588 Filed 9-01-06; 8:45 am]
BILLING CODE 6560-50-S