

[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]               
[Page 58846-58849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-58]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0698; FRL-8146-1]

 
Hazard Education before Renovation of Target Housing; State of 
Utah Authorization Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments and opportunity for public 
hearing.

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SUMMARY: On October 13, 2006, EPA received an application from the 
State of

[[Page 58847]]

Utah requesting authorization to administer a program in accordance 
with section 406(b) of the Toxic Substances Control Act (TSCA). This 
program ensures that owners and occupants of target housing are 
provided information concerning potential hazards of lead-based paint 
(LBP) exposure before certain renovations are begun on that housing. In 
addition to providing general information on the health hazards 
associated with exposure to lead, the lead hazard information pamphlet 
advises owners and occupants to take appropriate precautions to avoid 
exposure to lead-contaminated dust and LBP debris that are sometimes 
generated during renovations. EPA believes that distribution of the 
pamphlet will help to reduce the exposures that cause serious lead 
poisonings, especially in children under age 6, who are particularly 
susceptible to the hazards of lead. The final rule (TSCA 406(b)) was 
published in the Federal Register of June 1, 1998.

DATES: Comments must be received on or before December 3, 2007. In 
addition, a public hearing request may be submitted on or before 
October 24, 2007.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket identification (ID) number EPA-HQ-OPPT-
2007-0698, by one of the following methods:
     Federal e-Rulemaking Portal:http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID number EPA-HQ-OPPT-2007-0698. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID number EPA-HQ-OPPT-
2007-0689. 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 throughhttp://www.regulations.gov, or e-mail. Thehttp://www.regulations.gov, website 

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 throughhttp://www.regulations.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 at: http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go 
tohttp://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
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 electronically athttp://www.regulations.gov
, or, if only available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at 
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. The telephone 
number of the EPA/DC Public Reading Room is (202) 566-1744, and the 
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors 
are required to show photographic identification, pass through a metal 
detector, and sign the EPA visitor log. All visitor bags are processed 
through an X-ray machine and subject to search. Visitors will be 
provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Amanda Hasty, Pollution Prevention, 
Pesticides and Toxics Program (P3T), U.S. EPA, Region 8, 1595 Wynkoop 
St., Denver, CO 80202-1129; telephone number: (303) 312-6966; e-mail 
address:hasty.amanda@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may potentially be affected by this action if you perform 
renovations of target housing for compensation in the State of Utah. 
Target housing is defined in the Code of Federal Regulations (see 40 
CFR 745.103) as any housing constructed prior to 1978. Potentially 
affected entities may include, but are not limited to:
     Renovators (North American Industrial Classification 
System (NAICS) code 236116, 236118), e.g., general building 
contractors/operative builders, renovation firms, individual 
contractors, and special trade contractors like carpenters, painters, 
drywall workers and lathers, ``home improvement'' contractors.
     Multi-family housing owners/managers (NAICS code 531311, 
531110), e.g., property management firms and some landlords.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The NAICS codes have been provided to assist you and others 
in determining whether this action might apply to certain entities. To 
determine whether you or your business may be affected by this action, 
you should carefully examine the applicability provisions in 40 CFR 
745.82. If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION.

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

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov, or e-mail. Clearly mark the part or all of 

the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that

[[Page 58848]]

you mail to EPA, mark the outside of the CD ROM or disk as CBI and then 
identify electronically within the disk or CD ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes 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 docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    The State of Utah has provided a self-certification letter stating 
that its pre-renovation notification program meets the requirements for 
authorization of a state program under section 404 of TSCA and has 
requested approval of the Utah pre-renovation notification program. 
Therefore, pursuant to section 404 of TSCA, the program is deemed 
authorized as of the date of submission, October 13, 2006. 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 
Utah 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, Public 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 (15 U.S.C. 2682) authorizes and directs EPA to 
promulgate final regulations governing LBP 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 
(15 U.S.C. 2684), a State may seek authorization from EPA to administer 
and enforce its own LBP 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 
LBP 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. 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 (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 LBP activities program (40 
CFR part 745, subpart L) and/or pre-renovation notification program (40 
CFR part 745, subpart E) 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 the State of Utah proposed pre-renovation 
education program was provided by the applicant.
    During the 1998 Utah legislative session, Senate Bill 118 (SB 118) 
was unanimously passed by both the House and the Senate. SB 118 amends 
Utah Code Annotated (UCA) Section 19-2-104 of the Utah Air Conservation 
Act, which provides authority for the Utah Air Quality Board (Board) to 
make administrative rules for a Utah LBP Program. The legislation 
specifically gives authority to the Board to make rules for training, 
certification and performance requirements in accordance with sections 
402 and 404 of subchapter IV of TSCA. SB 118 also provides the Board 
with the authority to establish work practices, certification and 
clearance sampling requirements for persons who conduct LBP inspections 
in facilities subject to TSCA Title IV.
    The legislation also specifically gives the Board the authority to 
establish certification requirements for inspectors, risk assessors, 
supervisors, project designers and abatement workers when performing 
LBP activities subject to TSCA Title IV.
    During the 2003 legislative session, House Bill 165 incorporated a 
change to UCA 19-2-104(1)(i) giving the Board the authority to make 
administrative rules for programs authorized by TSCA section 406.
    The Utah Attorney General's Office reviewed the content of SB 118 
prior to enactment and determined that SB 118 would provide the Board 
with the

[[Page 58849]]

necessary legislative authority to develop a Utah LBP Program that is 
as protective as the Federal LBP Program (Title 40 Code of Federal 
Regulations (40 CFR part 745)).
Administrative Rule Summary
    On August 3, 2005, the Utah Department of Environmental Quality/
Division of Air Quality (UDEQ/DAQ) provided the Board with a proposed 
modification to Utah Administrative Code (UAC) R307-840--Lead-Based 
Paint Accreditation, Certification and Work Practice Standards to 
establish the rules necessary for the Utah LBP Program to administer 40 
CFR part 745, subpart E--Residential Property Renovation which is 
otherwise known as the Lead Pre-Renovation Education Rule. UAC R307-840 
substantially adopts 40 CFR part 745, subpart E by reference.
    On November 2, 2005, the UDEQ/DAQ reported back to the Board that 
no public comments were received during the public hearing period. The 
Board subsequently adopted the UDEQ/DAQ proposed modifications to the 
existing version of UAC R307-840 (Appendix 4) with an effective date of 
November 3, 2005.
    UAC R307-840 incorporates the federal regulation with a few 
modifications to facilitate LBP program implementation by the State of 
Utah. The UDEQ/DAQ considers these modifications necessary to implement 
an effective LBP program and also considers these modifications to be 
as protective to human health and the environment as the federal LBP 
program. The following paragraphs provide a brief summary of the three 
sections in UAC R307-840. Each section will identify which parts in 40 
CFR part 745, subpart E are adopted by reference and give a brief 
overview of its contents.
    Throughout UAC R307-840, nearly all references to ``EPA'' (the U.S. 
Environmental Protection Agency) when used for LBP program 
administrative activities have been replaced with ``the Executive 
Secretary'' (meaning Executive Secretary of the Utah Air Quality 
Board).

R307-840-1: Purpose and Applicability
    No modifications were made to this section during this rulemaking.

R307-840-2: Definitions
    This section substantially adopts 40 CFR 745.83 by reference. The 
reference to EPA in the definition of ``Pamphlet'' was not replaced 
with ``the Executive Secretary'' in this particular instance because it 
was inappropriate to do such.

R307-840-3: Accreditation, Certification and Work Standards: Target 
Housing and Child-Occupied Facilities
    UAC R307-840-3 adopts 40 CFR 745.80, 745.81, 745.82, 745.85, 
745.86, and 745.88 from the federal LBP regulations by reference. This 
section of the Utah LBP rule outlines the requirements for Utah LBP 
work practice standards as it applies to the Utah Pre-Renovation 
Education Rule.
    UAC R307-840-3 creates some minor modifications to the federal LBP 
regulations to facilitate program implementation in Utah. The reference 
to EPA in 40 CFR 745.86(b)(1) was not replaced with ``the Executive 
Secretary'' in this particular instance because it was inappropriate to 
do such. Two references to federal regulations found in 40 CFR 
745.82(b)(3) and 745.86(b)(1) were replaced with R307-840 to facilitate 
program administration in Utah. Errors found in 40 CFR 745.86(b)(1), 
745.88(b)(2)(i), and 745.88(b)(2)(ii) were corrected in UAC R307-840 by 
Utah rulemaking.

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, Renovation 
notification, Reporting and recordkeeping requirements.


    Dated: September 17, 2007.
Kerrigan G. Clough,
Region 8, Acting Administrator.
[FR Doc. E7-20446 Filed 10-16-07; 8:45 am]

BILLING CODE 6560-50-S
