

[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 
athttp://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 athttp://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@ehsd[fxsp0]mail.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
