47541
Federal
Register
/
Vol.
67,
No.
139
/
Friday,
July
19,
2002
/
Notices
criteria,
using
grant
funds
that
would
otherwise
have
been
available
to
those
states
and
tribes.
A
complete
copy
of
the
BEACH
Act
can
be
found
at
http://
www.
epa.
gov/
waterscience/
beaches/
technical.
html.

What
Is
the
Purpose
of
the
Document?
This
document
sets
forth
performance
criteria
for
(1)
monitoring
and
assessing
coastal
recreation
waters
adjacent
to
beaches
(or
similar
points
of
access
used
by
the
public)
to
determine
attainment
of
applicable
water
quality
standards
for
pathogen
indicators
and
(2)
promptly
notifying
the
public
of
any
exceedance
or
likelihood
of
exceedance
of
applicable
water
quality
standards
for
pathogen
indicators
for
coastal
recreation
waters.
EPA
is
required
to
publish
such
performance
criteria
under
CWA
section
406(
a).
Section
406(
b)
authorizes
EPA
to
award
grants
to
states
and
tribes
to
implement
a
monitoring
and
notification
program,
but
only
if
the
program
meets
certain
requirements
(see
CWA
section
406(
b)(
2)(
A)(
i)–(
v)).
One
of
these
requirements
is
that
the
monitoring
and
notification
programs
must
be
consistent
with
EPA's
performance
criteria.
The
performance
criteria
provide
the
basis
for
EPA's
evaluation
of
grant
applications
when
deciding
whether
to
award
monitoring
and
notification
program
implementation
grants
under
section
406(
b).
This
document
is
intended
to
be
used
by
potential
grant
recipients
to
implement
effective
monitoring
and
notification
programs
that
will
be
eligible
for
grants
under
section
406.
This
document
also
includes
EPA's
recommendations
for
implementing
programs
consistent
with
the
performance
criteria.
In
addition,
this
document
also
can
serve
as
a
reference
guide
for
how
and
when
to
conduct
preliminary
beach
assessments
because
it
outlines
protocols
for
water
sample
collection,
sample
handling,
and
laboratory
analysis.
It
also
provides
information
about
using
predictive
models
to
estimate
indicator
levels
and
includes
procedures
for
notifying
the
public
about
beach
advisories,
closings,
and
openings.

How
Is
the
Document
Organized?
The
chapters
in
this
document
cover
the
following
topics.
Chapter
1
discusses
human
health
concerns
associated
with
exposure
to
pathogens
and
discusses
the
establishment
of
water
quality
standards
for
bacteria.
Chapter
2
summarizes
the
basic
requirements
that
an
applicant
must
meet
to
receive
a
program
implementation
grant.
The
chapter
identifies
relevant
sections
of
the
BEACH
Act,
briefly
describes
the
corresponding
performance
criteria
that
EPA
has
developed,
and
provides
additional
grant­
related
information.
Chapter
3
describes
the
risk­
based
evaluation
process
that
EPA
recommends
for
states
and
tribes
to
classify
and
prioritize
their
recreation
beaches.
This
step­
by­
step
approach
allows
states
and
tribes
to
assess
the
relative
human
health
risks
and
usage
of
their
beaches
and
to
assign
an
appropriate
management
ranking
to
each
of
them.
Chapter
4
discusses
the
performance
criteria
related
to
monitoring
and
assessment
and
provides
detailed
technical
guidance.
Chapter
5
describes
the
performance
criteria
and
technical
guidance
related
to
the
public
notification
and
risk
communication
portions
of
a
beach
program.
The
appendices
include
detailed
technical
information
associated
with
the
topics
discussed
in
the
five
chapters:

Dated:
July
15,
2002
G.
Tracy
Mehan
III,
Assistant
Administrator
for
Water.
[FR
Doc.
02–
18280
Filed
7–
18–
02;
8:
45
am]

BILLING
CODE
6560–
50–
P
ENVIRONMENTAL
PROTECTION
AGENCY
[OPPT–
2002–
0034;
FRL–
7187–
5]

Lead­
Based
Paint
Activities
in
Target
Housing
and
Child­
Occupied
Facilities;
State
of
Mississippi
Authorization
Application
AGENCY:
Environmental
Protection
Agency
(EPA).

ACTION:
Notice.

SUMMARY:
On
December
17,
2001,
the
State
of
Mississippi
submitted
an
application
for
EPA
final
approval
to
administer
and
enforce
training
and
certification
requirements,
training
program
accreditation
requirements,
and
work
practice
standards
for
leadbased
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
Mississippi's
application,
provides
a
45­
day
public
comment
period
to
solicit
comments
on
whether
the
State
of
Mississippi
application
meets
the
requirements
for
EPA
approval,
and
provides
an
opportunity
to
request
a
public
hearing
on
the
application.
Submittal
of
the
application
for
final
approval
by
Mississippi
was
initiated
consistent
with
40
CFR
745.327(
a)(
1)(
ii),
which
stipulates
that
the
State
shall
apply
for
final
approval
within
180
days
prior
to
expiration
of
its
interim
approval,
which
in
Mississippi's
case
will
be
June
28,
2002.
The
State
of
Mississippi
has
been
operating
its
lead­
based
paint
program
under
an
interim
approval
since
June
28,
1999,
during
which
time,
the
State
has
worked
to
address
issues
raised
by
EPA
concerning
the
State's
audit
privilege/
penalty
mitigation
statute.
However,
due
to
statutory
deficiencies
which
remain
in
Mississippi's
audit
privilege/
penalty
mitigation
statute,
EPA
is
proposing
to
disapprove
their
application
for
final
approval.

DATES:
Comments
must
be
received
on
or
before
September
3,
2002.
Public
hearing
requests
must
be
received
on
or
before
September
3,
2002.
All
correspondence
must
include
the
docket
ID
number
OPPT–
2002–
0034.
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
ID
number
OPPT–
2002–
0034
in
the
subject
line
on
the
first
page
of
your
response.
FOR
FURTHER
INFORMATION
CONTACT:
Rose
Anne
Rudd,
Pesticides
and
Toxic
Substances
Branch,
Air,
Pesticides
and
Toxics
Management
Division,
Environmental
Protection
Agency,
Region
IV,
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
S.
W.,
Atlanta,
GA
30303;
telephone
number:
(404)
562–
8998;
e­
mail
address:
rudd.
roseanne@
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
Mississippi.
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
VerDate
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Federal
Register
/
Vol.
67,
No.
139
/
Friday,
July
19,
2002
/
Notices
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,
''
``
Regulations
and
Proposed
Rules,
''
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
ID
number
OPPT–
2002–
0034.
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
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
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
is
located
at
the
regional
office
library,
Sam
Nunn
Atlanta
Federal
Center,
9
th
Floor
­
Tower,
61
Forsyth
Street,
S.
W.,
Atlanta,
GA.
The
telephone
number
for
the
library
is
(404)
562–
8190.

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
ID
number
OPPT–
2002–
0034
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
and
hearing
requests
to:
Rose
Anne
Rudd,
Pesticides
and
Toxic
Substances
Branch,
Air,
Pesticides
and
Toxics
Management
Division,
Environmental
Protection
Agency,
Region
IV,
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
S.
W.,
Atlanta,
GA
30303.
2.
In
person
or
by
courier.
Deliver
your
comments
and
hearing
requests
to:
Pesticides
and
Toxic
Substances
Branch,
Air,
Pesticides
and
Toxics
Management
Division,
Environmental
Protection
Agency,
Region
IV,
Sam
Nunn
Atlanta
Federal
Center,
61
Forsyth
Street,
S.
W.,
Atlanta,
GA
30303.
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
(404)
562–
8956.
3.
Electronically.
You
may
submit
your
comments
electronically
by
e­
mail
to:
rudd.
roseanne@
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
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
ID
number
OPPT–
2002–
0034.
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
identified
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

We
invite
you
to
provide
your
views
on
the
various
options
we
propose,
new
approaches
we
have
not
considered,
the
potential
impacts
of
the
various
options
(including
possible
unintended
consequences),
and
any
data
or
information
that
you
would
like
the
Agency
to
consider
during
the
development
of
the
final
action.
You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
notice.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
Background
A.
What
Actions
Have
Been
Taken?

By
cover
letter
dated
March
3,
1998,
the
State
of
Mississippi
submitted
an
application
for
the
authorization
of
its
State
Lead­
Based
Paint
Training
and
Certification
Program
(``
Lead­
Based
Paint
Program'')
pursuant
to
section
404
of
TSCA
(15
U.
S.
C.
2684)
(63
FR
38647).
Following
this
submission,
EPA
identified
issues
arising
from
the
State
of
Mississippi's
audit
privilege/
penalty
mitigation
statute
(Miss.
Code
Ann.
49–
2–
71
and
49–
17–
43)
which
unduly
restricts
the
State's
ability
to
fully
administer
and
enforce
its
lead­
based
paint
program
and
prevents
the
State
from
obtaining
authorization.
By
letter
dated
December
17,
1998,
EPA
informed
the
State
that
EPA
could
grant
interim,
instead
of
final,
approval
of
the
State's
Lead­
Based
Paint
Program.
Subsequently,
on
June
28,
1999,
the
State
of
Mississippi
withdrew
the
March
3,
1998,
request
for
final
approval,
and
asked
that
the
application
be
considered
instead
as
a
submittal
for
interim
approval.
The
State
of
Mississippi
has
been
operating
its
Lead­
Based
Paint
Program
under
interim
approval
since
June
28,
1999.
Interim
approval
expires
on
June
28,
2002.
EPA
has
worked
with
the
State
to
remedy
deficiencies
in
the
State's
statutes.
However,
two
deficiencies
at
Miss.
Code
Ann.
49–
2–
71
and
49–
17–
43(
g)
have
not
been
corrected
which
impair
the
State's
ability
to
provide
adequate
enforcement
in
criminal
proceedings
and
investigations,
and
in
assessment
of
appropriate
penalties.
The
Mississippi
Audit
Privilege/
Penalty
Mitigation
Statute
at
Miss.
Code
Ann.
49–
2–
71
creates
a
privilege
for
self­
evaluation
reports
and
is
applicable
to
criminal
proceedings
and
investigations.
Under
this
statute,
selfevaluation
reports
are
not
admissible
in
any
legal
or
investigative
action
in
a
criminal
proceeding
and
are
not
subject
to
discovery.
To
have
adequate
criminal
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19,
2002
/
Notices
enforcement
authority,
Mississippi
law
must
allow
state
officials
unfettered
access
to
evidence
of
criminal
conduct
regardless
of
whether
that
evidence
is
contained
in
an
environmental
selfevaluation
report.
Criminal
privilege
impairs
the
state's
ability
to
access
evidence
of
criminal
conduct
needed
for
criminal
investigations,
grand
jury
proceedings,
and
prosecutions.
Requirements
such
as
an
in
camera
hearing
prior
to
the
use
of
a
selfevaluation
report
will
significantly
impede
criminal
enforcement.
The
statute
unduly
restricts
criminal
enforcement
authority;
therefore,
Mississippi's
Lead­
Based
Paint
Program
does
not
provide
adequate
enforcement
authority.
The
Mississippi
penalty
mitigation
provisions
at
Miss.
Code
Ann.
49–
17–
43(
g)
unduly
limit
Mississippi's
authority
to
assess
appropriate
penalties.
The
penalty
mitigation
provisions
in
this
statute
mandate
assessment
of
a
de
minimis
or
zero
penalty
when
a
person
discovers
noncompliance
through
a
voluntary
self­
evaluation,
discloses
that
information,
and
meets
all
other
conditions
of
the
statute.
The
statute
does
not
provide
sufficient
flexibility
or
discretion
for
assessment
of
appropriate
penalties.
Although
the
statute
contains
exceptions
and
conditions,
EPA
has
consistently
maintained
that
another
exception
must
be
created.
The
penalty
reduction
provision
should
not
apply
in
a
case
involving
repeat
violations.
Application
of
the
penalty
reduction
provision
to
repeat
violations
would
not
yield
a
penalty
appropriate
to
the
violation,
as
a
de
minimis
or
zero
penalty
would
provide
no
incentive
for
a
person
to
fully
implement
measures
to
prevent
future
violations.
Accordingly,
the
application
of
the
penalty
mitigation
provision
to
the
Lead­
Based
Paint
Program
renders
the
requisite
enforcement
authority
inadequate.
As
a
result,
EPA
believes
that
it
cannot
grant
final
approval
of
the
State
of
Mississippi's
Lead­
Based
Paint
Program
and
has
initiated
the
process
to
withdraw
Mississippi's
interim
authorization
pursuant
to
40
CFR
745.324(
i).
The
action
to
withdraw
Mississippi's
program
is
independent
of
the
proposed
action
to
disapprove
Mississippi's
final
application
outlined
in
Unit
II.
B.
of
this
document.

B.
What
Action
is
the
Agency
Taking?
The
State
of
Mississippi
has
submitted
an
application
to
EPA
Region
IV,
under
section
404
of
TSCA
and
has
requested
final
approval
of
its
leadbased
paint
training
and
certification
program.
This
application
will
be
reviewed
by
EPA
within
180
days
of
receipt
of
a
complete
application.
Due
to
the
statutory
deficiencies
contained
in
Mississippi's
audit
privilege/
penalty
mitigation
statute
and
its
application
to
the
lead­
based
paint
training
and
certification
program,
EPA
proposes
to
disapprove
the
application
for
final
approval.
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
or
disapproving
the
application.
Therefore,
by
this
notice
EPA
is
soliciting
public
comment
on
whether
the
State
of
Mississippi
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.

C.
What
is
the
Agency's
Authority
for
Taking
this
Action?
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
LeadBased
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),
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.
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
(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
section
404(
h)
of
TSCA
(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.
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
(15
U.
S.
C.
2684(
a)).
This
authorization
becomes
ineffective,
however,
if
EPA
disapproves
the
application
or
withdraws
the
program
authorization.

III.
State
Program
Description
Summary
The
following
summary
of
Mississippi's
proposed
final
program
has
been
provided
by
the
applicant.
Mississippi
Lead­
Based
Paint
Training
and
Certification
Program
The
State
of
Mississippi,
through
the
Mississippi
Department
of
Environmental
Quality
(MDEQ),
is
seeking
final
authorization
from
EPA
to
administer
and
enforce
its
own
leadbased
paint
activities
program.
Regulations
setting
out
the
procedures
and
requirements
for
these
activities
were
adopted
by
the
Commission
on
Environmental
Quality
on
January
22,
1998.
Requirements
under
the
regulations
were
applicable
beginning
August
31,
1998.
The
authority
to
administer
and
enforce
a
State
program
was
provided
for
in
the
``
Lead­
Based
Paint
Activity
Accreditation
and
Certification
Act''
passed
by
the
Mississippi
Legislature
during
the
1997
regular
session.
The
State
lead­
based
paint
program
regulations
are
applicable
to
persons
engaged
in
lead­
based
paint
activities
in
target
housing
and
child­
occupied
facilities.
The
State
certification
program
requirements
include
the
certification
of
firms,
inspectors,
risk
assessors,
supervisors,
project
designers
and
workers.
Each
certification
discipline
must
meet
required
academic
and/
or
experience
requirements
of
the
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Federal
Register
/
Vol.
67,
No.
139
/
Friday,
July
19,
2002
/
Notices
State
program
regulations.
Individuals
must
successfully
pass
the
third
party
exam
applicable
to
the
certification
discipline
in
order
to
be
certified.
The
State
program
sets
forth
work
practice
standards
for
persons
performing
leadbased
paint
activities.
The
State
program
requires
the
filing
of
a
project
notification,
in
writing,
prior
to
the
commencement
of
any
lead­
based
paint
abatement
activity.
All
initial
and
refresher
lead­
based
paint
activities
training
programs
must
be
accredited.
The
State
program
requires
training
programs
to
notify
the
State
prior
to
conducting
a
training
course.
Full
approval
of
a
training
program's
lead­
based
paint
activities
course
is
contingent
on
a
satisfactory
on­
site
course
audit.
The
State
program
provides
for
the
suspension,
revocation,
or
modification
of
training
program
accreditation
and
certifications
of
individuals
and
firms.
The
State
lead
program
also
conducts
outreach
and
compliance
assistance
activities.
The
objective
of
the
activities
is
to
educate
the
public
and
regulated
community
of
the
hazards
of
lead­
based
paint.
The
activities
also
inform
the
public
and
regulated
community
of
the
regulatory
requirements
applicable
to
lead­
based
paint
activities.

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
Comptroller
General
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:
July
9,
2002.
J.
I.
Palmer,
Jr.,
Regional
Administrator,
Region
IV.
[FR
Doc.
02–
18223
Filed
7–
18–
02;
8:
45
am]

BILLING
CODE
6560–
50–
S
FEDERAL
COMMUNICATIONS
COMMISSION
Notice
of
Public
Information
Collection(
s)
Being
Reviewed
by
the
Federal
Communications
Commission
July
5,
2002.
SUMMARY:
The
Federal
Communications
Commission,
as
part
of
its
continuing
effort
to
reduce
paperwork
burden
invites
the
general
public
and
other
Federal
agencies
to
take
this
opportunity
to
comment
on
the
following
information
collection(
s),
as
required
by
the
Paperwork
Reduction
Act
of
1995,
Public
Law
104–
13.
An
agency
may
not
conduct
or
sponsor
a
collection
of
information
unless
it
displays
a
currently
valid
control
number.
No
person
shall
be
subject
to
any
penalty
for
failing
to
comply
with
a
collection
of
information
subject
to
the
Paperwork
Reduction
Act
(PRA)
that
does
not
display
a
valid
control
number.
Comments
are
requested
concerning
(a)
whether
the
proposed
collection
of
information
is
necessary
for
the
proper
performance
of
the
functions
of
the
Commission,
including
whether
the
information
shall
have
practical
utility;
(b)
the
accuracy
of
the
Commission's
burden
estimate;
(c)
ways
to
enhance
the
quality,
utility,
and
clarity
of
the
information
collected;
and
(d)
ways
to
minimize
the
burden
of
the
collection
of
information
on
the
respondents,
including
the
use
of
automated
collection
techniques
or
other
forms
of
information
technology.
DATES:
Written
comments
should
be
submitted
on
or
before
August
19,
2002.
If
you
anticipate
that
you
will
be
submitting
comments,
but
find
it
difficult
to
do
so
within
the
period
of
time
allowed
by
this
notice,
you
should
advise
the
contact
listed
below
as
soon
as
possible.
ADDRESSES:
Direct
all
comments
to
Judith
Boley
Herman,
Federal
Communications
Commission,
Room
1–
C804,
445
12th
Street,
SW.,
DC
20554
or
via
the
Internet
to
jboley@
fcc.
gov.
FOR
FURTHER
INFORMATION
CONTACT:
For
additional
information
or
copies
of
the
information
collection(
s)
as
it
pertains
to
the
Paperwork
Reduction
Act,
contact
Judith
Boley
Herman
at
202–
418–
0214
or
via
the
Internet
at
jboley@
fcc.
gov.

SUPPLEMENTARY
INFORMATION:
OMB
Control
No.:
3060–
0787.
Title:
Implementation
of
the
Subscriber
Carrier
Selection
Changes
Provisions
of
the
Telecommunications
Act
of
1996;
Policies
and
Rules
Concerning
Unauthorized
Changes
of
Consumers
Long
Distance
Carriers.
Form
No.:
FCC
Form
478.
Type
of
Review:
Extension
of
a
currently
approved
collection.
Respondents:
Individuals
or
households,
businesses
or
other
forprofit
State,
local
or
tribal
government.
Number
of
Respondents:
28,414.
Estimated
Time
Per
Response:
7
hours
per
submission;
14
hours
for
other
requirements.
Frequency
of
Response:
On
occasion
and
semi­
annual
reporting
requirements,
recordkeeping
requirements,
third
party
disclosure
requirements.
Total
Annual
Burden:
135,126
hours.
Total
Annual
Cost:
N/
A.
Needs
and
Uses:
The
goal
of
section
258
is
to
eliminate
the
practice
of
``
slamming'',
which
is
the
unauthorized
change
of
a
subscriber's
preferred
carrier.
The
rules
and
requirements
implementing
section
258
can
be
found
in
47
CFR
part
64.
The
purpose
of
the
rules
is
to
improve
the
carrier
change
process
for
consumers
and
carriers
alike,
while
making
it
more
difficult
for
unscrupulous
carriers
to
perpetrate
slams.
In
addition,
each
telephone
exchange
carrier
and/
or
telephone
toll
provider
is
required
to
submit
a
semiannual
report
on
the
number
of
slamming
complaints
it
receives.

Federal
Communications
Commission.
Marlene
H.
Dortch,
Secretary.
[FR
Doc.
02–
18182
Filed
7–
18–
01;
8:
45
am]

BILLING
CODE
6712–
01–
U
FEDERAL
COMMUNICATIONS
COMMISSION
Notice
of
Public
Information
Collection(
s)
being
Reviewed
by
the
Federal
Communications
Commission
July
10,
2002.
SUMMARY:
The
Federal
Communications
Commission,
as
part
of
its
continuing
effort
to
reduce
paperwork
burden
invites
the
general
public
and
other
Federal
agencies
to
take
this
opportunity
to
comment
on
the
following
information
collection(
s),
as
required
by
the
Paperwork
Reduction
Act
of
1995,
Public
Law
104–
13.
An
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