
[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Proposed Rules]
[Pages 56136-56140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23257]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-R04-OPPT-2010-0789; FRL-9457-7]


Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied 
Facilities; North Carolina and Mississippi; Notice of Self-
certification Program Authorization, Request for Public Comment, 
Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Program authorization, request for comments and opportunity for 
public hearing.

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SUMMARY: This notice announces that on January 21, 2010, the State of 
North Carolina and on March 31, 2010, the State of Mississippi were 
deemed authorized under section 404(a) of the Toxic Substances Control 
Act (TSCA), 15 U.S.C. 2684(a), to administer and enforce requirements 
for a renovation, repair and painting program in accordance with 
section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a lead-based paint 
pre-renovation education program in accordance with 406(b) of TSCA, 15 
U.S.C. 2686(b). This notice also announces that EPA is seeking comment 
during a 45-day public comment period, and is providing an opportunity 
to request a public hearing within the first 15 days of this comment 
period, on whether these North Carolina and Mississippi programs are at 
least as protective as the Federal programs and provide for adequate 
enforcement. This notice also announces that the authorization of the 
North Carolina and Mississippi 402(c)(3) and 406(b) programs, which 
were deemed authorized by regulation and statute on January 21, 2010, 
and March 31, 2010, respectively, will continue without further notice 
unless EPA, based on its own review and/or comments received during the 
comment period, disapproves one or both of these North Carolina and 
Mississippi program applications.

DATES: Comments, identified by Docket Control Number EPA-R04-OPPT-2010-
0789, must be received on or before October 27, 2011. In addition, a 
public hearing request must be submitted on or before September 27, 
2011.

ADDRESSES: Comments and requests for a public hearing may be submitted 
by mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Section I of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is 
important that you identify Docket Control Number EPA-R04-OPPT-2010-
0789 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Elizabeth Wilde, Technical Contact, 
Children's Health and Lead Section, Pesticides and Toxics Substances 
Branch, Air, Pesticides and Toxics Management Division, United States 
Environmental Protection Agency, 61 Forsyth Street, Atlanta, Georgia 
30303-8960. The telephone number where Ms. Wilde can be reached is: 
(404) 562-8998. Ms. Wilde can be contacted via electronic mail at 
wilde.liz@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. State Program Description Summaries
IV. Federal Overfiling
V. Withdrawal of Authorization

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities 
offering Lead Safe Renovation courses, and to firms and individuals 
engaged in renovation and remodeling activities of pre-1978 housing and 
child-occupied facilities in the States of Mississippi and North 
Carolina. Individuals and firms falling under the North American 
Industrial Classification System (NAICS) codes 231118, 238210, 238220, 
238320, 531120, 531210, 53131, e.g., General Building Contractors/
Operative Builders, Renovation Firms, Individual Contractors, and 
Special Trade Contractors like Carpenters, Painters, Drywall workers, 
and Plumbers, ``Home Improvement'' Contractors, as well as Property 
Management Firms and some Landlords are also affected by these rules. 
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 here 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. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the technical 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 might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/ 
or from http://www.regulations.gov/. You can also go directly to the 
Federal Register listings at http://www.gpoaccess.gov/fr/.
    2. In person: you may read this document, and certain other related 
documents, by visiting the North Carolina Department of Health and 
Human Services, 1912 Mail Service Center, Raleigh, NC 27699-1912, 
contact person, Mr. Donald Chaney, telephone number: (919) 707-5974, or 
by visiting the Mississippi Department of Environmental Quality, 101 W. 
Capitol St., Jackson, MS 39201, contact person, Mr. Jimmie Asbill, 
telephone number (601) 961-5164. You may also read this document, and 
certain other related documents, by visiting the United States 
Environmental Protection Agency, Region 4 Office, 61 Forsyth Street, 
Atlanta, Georgia 30303-8960. You should arrange your visit to the EPA 
office by contacting the technical person listed under FOR FURTHER 
INFORMATION CONTACT. Also, EPA has established an official record for 
this action under Docket Control Number EPA-R04-OPPT-2010-0789. The 
official record consists of the documents specifically referenced in 
this action, this notice, the State of North Carolina

[[Page 56137]]

and Mississippi 402(c)(3) and 406(b) program authorization 
applications, any public comments received during an applicable comment 
period, and other information related to this action.

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 important that 
you identify Docket Identification Number EPA-R04-OPPT-2010-0789 in the 
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Elizabeth 
Wilde, Technical Contact, Children's Health and Lead Section, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, 61 Forsyth Street, Atlanta, GA 30303-8960.
    3. By person or courier: Deliver your comments and hearing requests 
to: Children's Health and Lead Section, Pesticides and Toxic Substances 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.
    4. By fax: 404-562-8973.
    5. By e-mail: You may submit your comments and hearing requests 
electronically by e-mail to: wilde.liz@epa.gov, or mail your computer 
disk to the address identified above. Do not submit any information 
electronically that you consider Confidential Business Information 
(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 Microsoft Word or ASCII 
file format.
    Instructions: Direct your comments to Docket ID Number EPA-R04-
OPPT-2010-0789. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online 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 http://www.regulations.gov or e-mail. The http://www.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 through http://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 your 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 or 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 http://www.regulations.gov 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 
in http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the 
agency?

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark on each page the part or all of the information that 
you claim to be CBI. For CBI information in a disk or CD-ROM that you 
mail to EPA, mark the outside of the disk or CD-ROM that you mail to 
EPA 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 as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. If you have any questions 
about CBI or the procedures for claiming CBI, please consult the 
technical person identified under FOR FURTHER INFORMATION CONTACT.

E. What should I consider as I prepare my comments for EPA?

    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 use.
    3. Provide copies of any technical information and/or data you use 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, identify the Docket Control 
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 action is the agency taking?

    EPA is announcing that the State of North Carolina on January 21, 
2010, and the State of Mississippi on March 30, 2010, were deemed 
authorized under section 404(a) of TSCA, and 40 CFR 745.324(d)(2), to 
administer and enforce requirements for a renovation, repair and 
painting program in accordance with section 402(c)(3) of TSCA, 15 
U.S.C. 2682(c)(3), and a lead-based paint pre-renovation education 
program in accordance with section 406(b) of TSCA, 15 U.S.C. 2686(b). 
This notice also announces that EPA is seeking comment and providing an 
opportunity to request a public hearing on whether both the States' 
programs are at least as protective as the Federal programs and provide 
for adequate enforcement. The 402(c)(3) program ensures that training 
providers are accredited to teach renovation classes, that individuals 
performing renovation activities are properly trained and certified as 
renovators, that firms are certified as renovation firms, and that 
specific work practices are followed during renovation activities. The 
406(b) program ensures that owners and occupants of target housing are 
provided information concerning potential hazards of lead-based paint 
exposure before certain renovations are begun.

[[Page 56138]]

    On January 21, 2010, North Carolina submitted an application under 
section 404 of TSCA requesting authorization to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, and a pre-renovation 
education program in accordance with section 406(b) of TSCA, and 
submitted a self-certification that these programs are at least as 
protective as the Federal programs and provides for adequate 
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), the North Carolina renovation program and pre-renovation 
education program are deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for 
public comment and opportunity for a public hearing on whether North 
Carolina's program application for both programs is at least as 
protective as the Federal programs and provides for adequate 
enforcement. If a hearing is requested and granted, EPA will issue a 
Federal Register notice announcing the date, time and place of the 
hearing. The authorization of the North Carolina 402(c)(3) and 406(b) 
programs, which were deemed authorized by EPA on January 21, 2010, will 
continue without further notice unless EPA, based on its own review 
and/or comments received during the comment period, disapproves one or 
both of these North Carolina program applications.
    On March 30, 2010, Mississippi submitted an application under 
section 404 of TSCA requesting authorization to administer and enforce 
requirements for a renovation, repair and painting program in 
accordance with section 402(c)(3) of TSCA, and a pre-renovation 
education program in accordance with section 406(b) of TSCA, and 
submitted a self-certification that these programs are at least as 
protective as the Federal programs and provides for adequate 
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR 
745.324(d)(2), the Mississippi renovation program and pre-renovation 
education program are deemed authorized as of the date of submission 
and until such time as the Agency disapproves the program application 
or withdraws program authorization. Pursuant to section 404(b) of TSCA 
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for 
public comment and opportunity for a public hearing on whether 
Mississippi's application for both programs is at least as protective 
as the Federal programs and provides for adequate enforcement. If a 
hearing is requested and granted, EPA will issue a Federal Register 
notice announcing the date, time and place of the hearing. The 
authorization of the Mississippi 402(c)(3) and 406(b) programs, which 
were deemed authorized by EPA on May 3, 2010, will continue without 
further notice unless EPA, based on its own review and/or comments 
received during the comment period, disapproves one or both of these 
Mississippi program applications.

B. What is EPA'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.'' On April 22, 2008, 
EPA promulgated the final TSCA section 402(c)(3) regulations governing 
renovation activities. See 73 FR 21692. These regulations require that 
in order to do renovation activities for compensation, renovators must 
first be properly trained and certified, must be associated with a 
certified renovation firm, and must follow specific work practice 
standards, including recordkeeping requirements. In addition, the rule 
prescribes requirements for the training and certification of dust 
sampling technicians. On June 1, 1998, EPA promulgated the final TSCA 
section 406(b) regulations governing pre-renovation education 
requirements in target housing. See 63 FR 29908. This program ensures 
that owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are begun on that housing. In addition to providing 
general information on the health hazards associated with exposure to 
lead, EPA developed the lead hazard information pamphlet. This pamphlet 
advises owners and occupants to take appropriate precautions to avoid 
exposure to lead-contaminated dust and debris that are sometimes 
generated during renovations. EPA believes that regulation of 
renovation activities and the 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.
    Under section 404 of TSCA, a state may seek authorization from EPA 
to administer and enforce its own pre-renovation education program or 
renovation, repair and painting program in lieu of the Federal 
programs. The regulations governing the authorization of a state 
program under both sections 402 and 406 of TSCA are codified at 40 CFR 
part 745, subpart Q. States 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 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, as required by Section 404(b) of 
TSCA. EPA's regulations at 40 CFR Part 745, subpart Q, provide the 
detailed requirements a state program must meet in order to obtain EPA 
approval. A state may choose to certify that its own pre-renovation 
education program or renovation, repair and painting program meets the 
requirements for EPA approval, by submitting a letter signed by the 
Governor or Attorney General stating that the program is at least as 
protective of human health and the environment as the Federal program 
and provides for adequate enforcement. Upon submission of such a 
certification letter, the program is deemed authorized pursuant to TSCA 
section 404(a) and 40 CFR 745.324(d)(2). This authorization becomes 
ineffective, however, if EPA disapproves the application or withdraws 
the program authorization.

III. State Program Description Summaries

    The following program summary is from North Carolina's self-
certification application:
Program Summary; State of North Carolina; Renovation, Repair, and 
Painting Program/Lead-Safe Renovator Certification Program
    The State of North Carolina has implemented a lead-based paint 
hazard management program for renovation, repair, and painting in lieu 
of having a Federally administered program apply in the State. The 
Lead-Based Paint Hazard Management Program for Renovation, Repair and 
Painting (LHMP-RRP) is implemented through the North Carolina 
Department of Health and Human Services, Division of Public Health, 
Health Hazards Control Unit (NCDHHS). The North Carolina Legislature 
ratified House Bill 1151 on

[[Page 56139]]

August 11, 2009, granting the North Carolina Commission for Public 
Health (CPH) authority to establish Rules. The CPH approved the LHMP-
RRP Temporary Rules on October 30, 2009. The LHMP-RRP Rules (10A NCAC 
41C .0900-.0907) became effective date on January 1, 2010, and 
implementation of the Program was effective January 1, 2010.
    Requirements of the LHMP-RRP include the following: accreditation 
of renovation and dust sampling technician training providers and 
training courses; certification of renovation firms and individuals 
that perform renovations, cleaning verification and dust sampling in 
target housing or child occupied facilities; required work practice 
standards for lead-based paint renovation activities: record retention, 
information distribution and reporting requirements.
    The LHMP-RRP Rules are applicable to all persons engaged in 
renovation activities for compensation in target housing and child-
occupied facilities built before 1978. However, an individual who 
performs renovations of a residential dwelling that is owned and 
occupied by that person, or that person's immediate family, is exempt 
from the requirements. Definitions are adopted from the EPA Federal 
regulation, contained in 40 CFR Part 745 subparts E and L. The Federal 
and LHMP regulations do not mandate the performance of renovation 
activities, but instead establish requirements and procedures to follow 
when renovation activities are conducted.
    The LHMP-RRP regulatory requirements for the accreditation of lead-
based paint renovation activities training programs are consistent with 
the accreditation of the Federal program. Training providers conducting 
training in North Carolina must be accredited by the NCDHHS Program. 
All initial and refresher training courses conducted in North Carolina 
must be accredited by the NCDHHS Program.
    Several requirements of the state program that are not included in 
the Federal program include: a requirement that approval of the 
training program's course is contingent on submittal of an application 
and successfully completing an on-site audit, and training providers 
must submit a written notification of intent to teach the course in 
North Carolina ten working days prior to the start date of the course.
    The state certification requirements include the certification of 
firms and individual categories of renovator and dust sampling 
technician. Each individual certification category must submit an 
application for certification, meet required training course 
requirements and be employed by a certified renovation firm when 
conducting renovation activities for compensation.
    Work practice standards that are required for performing lead-based 
paint renovation activities for compensation in target housing or 
child-occupied facilities are equivalent to the work practice standards 
in the Federal regulations.
    The LHMP-RRP compliance and enforcement elements are comparable to 
the compliance and enforcement requirements of the Federal program. As 
in the Federal regulations, the Rules provide for the suspension and 
revocation of training provider accreditation, training course 
accreditation, firm certification and individual certification. 
Additionally, administrative and civil penalties may be assessed for 
violations. Criminal actions can also be pursued. The renovation firm 
and individual certification requirements assist in conducting an 
effective compliance and enforcement program.
    North Carolina's LHMP-RRP provides for establishing reciprocity 
agreements with other states, Tribes, or territories with authorized 
programs which have consistent requirements for certification of 
individuals and firms and accreditation of training courses and 
providers. The Federal regulations encourage states to establish 
reciprocity procedures.
    North Carolina's LHMP-RRP requires that information be provided to 
the person contracting for the renovation when an EPA-recognized test 
kit is used to determine the presence of lead-based paint prior to the 
start of renovation activities.
    Outreach activities have a high priority in the LHMP-RRP. The 
objective of the outreach program is to educate and make the public and 
regulated community aware of the hazards of lead-based paint and of the 
regulatory requirements applicable to lead-based paint renovation 
activities. The overall goal of the outreach program is to protect 
public health and the environment from the hazards of lead-based paint.
    The cost of the State program will be supported by available 
Federal grants and fees collected by NCDHHS. The LHMP-RRP provides for 
the collection of fees and allows for acceptance of Federal grants. 
Fees are assessed for the accreditation of training providers and 
training courses, certification of renovation firms and dust sampling 
technicians.
    The following program summary is from Mississippi's self 
certification application:
Program Summary; State of Mississippi; Renovation, Repair, and Painting 
Program; Lead-Safe Renovator Certification Program
    The State of Mississippi, through the Mississippi Department of 
Environmental Quality (MDEQ), will implement the lead-based paint 
Renovation, Repair, and Painting Program and the Pre-Renovation 
Education Program. Requirements of the programs will include 
accreditation of lead-based paint renovation activities in target 
housing and child-occupied facilities, required work practice standards 
for conducting lead-based paint renovation activities, and pre-
renovation education requirements that must be followed prior to 
performing a renovation.
    Regulations setting out the procedures and requirements for the 
accreditation of lead-based paint activities training programs, the 
certification of individuals and firms engaged in lead-based paint 
renovation activities, the work practice standards to be followed in 
performing lead-based paint renovation activities and required pre-
renovation education requirements were adopted by the Mississippi 
Commission on Environmental Quality on December 10, 2009. Requirements 
under the regulations will be applicable beginning on the effective 
date of the regulations. Authority to administer and enforce a state 
program as protective as the Federal lead-based paint program was 
provided for in the amended ``Lead-Based Activity Accreditation and 
Certification Act'' which was passed by the Mississippi Legislature 
during its 2009 regular session.
    Mississippi's lead-based paint renovation program regulations are 
applicable to all persons engaged in lead-based paint activities in 
target housing and child-occupied facilities. However, persons who 
perform lead-based paint activities within residential dwellings they 
own are exempt from the regulations unless the residential dwelling is 
occupied by a person or persons other than the owner or owner's 
immediate family while these activities are being performed, or a child 
having an elevated blood lead level resides in the building. Also 
exempt from the required work practice standards of the regulations are 
renovations performed in target housing if the firm performing the 
renovation has obtained a statement signed by the owner that the 
renovation will occur in the owner's residence, no child under age 6 
resides there, no

[[Page 56140]]

pregnant woman resides there, the housing is not a child-occupied 
facility, and the owner acknowledges that the renovation firm will not 
be required to use the work practices applicable to renovation 
activities. Also, the regulations do not require the performance of 
lead-based paint renovation activities, but establish requirements and 
procedures to follow when lead-based paint renovations are performed.
    Pursuant to Mississippi's statute and regulations, each department, 
agency, and instrumentality of the executive, legislative, and judicial 
branches of the Federal Government having jurisdiction over any 
property or facility, or engaged in any activity resulting, or which 
may result, in a lead-based paint hazard, and each officer, agent, or 
employee thereof shall be subject to, and comply with all of the 
requirements of these regulations regarding lead-based paint renovation 
activities.
    The State regulatory requirements for the accreditation of lead-
based paint activities training programs are consistent with the 
accreditation requirements of the Federal program. The Federal model 
plan was followed in developing the State accreditation requirements. 
All initial and refresher lead-based paint activities training programs 
must be accredited. Several requirements of the State accreditation 
program which are not included in the Federal regulations are: (1) A 
requirement that the principal instructors and guest instructors 
teaching hands-on work practice standards must successfully complete 
the training course requirements of the accredited training course to 
be taught; (2) a requirement that training programs notify the MDEQ 
prior to conducting a training course; and (3) a requirement that 
approval of a training program's lead-based paint activities course is 
contingent on a satisfactory on-site course audit.
    The State renovation certification program requirements include the 
certification of firms, renovators and dust sampling technicians. The 
State program certification requirements are essentially equivalent to 
the Federal requirements. Each certification discipline must meet 
required academic and/or experience requirements of the State program 
regulations to be certified. The State program will require renovators 
and dust sampling technicians to be certified with the certification to 
be renewed annually. Certification will enable the program to ensure 
individuals performing as renovators and dust sampling technicians are 
properly trained and qualified to perform those activities. Yearly 
renewals will enable the State program to conduct a more effective 
certification program. The certification will assist the program 
inspectors in assuring qualified individuals are on the work site.
    The State program work practice standards that must be followed by 
persons performing lead-based paint renovation activities in target 
housing and child-occupied facilities are equivalent to the work 
practice standards in the Federal regulations. The work practice 
standards in the Federal regulations were followed in developing the 
State work practice standards. An additional requirement of the State 
program (which is not included in the Federal program) requires the 
filing of a project notification, in writing, prior to the commencement 
of any lead-based paint renovation activity. The project notification 
requirement will assist in conducting an effective compliance and 
enforcement program.
    The State program provides for establishing reciprocity 
arrangements with other states and/or Indian Tribes with authorized 
programs which have certification, educational, and experience 
requirements consistent with those of the State of Mississippi and 
which grants equal certificating and accreditation privileges to 
persons certified and training programs accredited in Mississippi. This 
provision is consistent with the Federal regulations which encourage 
states to establish reciprocity procedures.
    The State renovation program will include the pre-renovation 
education program requirements of the Federal Pre-Renovation Education 
(PRE) program. These program requirements were adopted by the 
legislature during the 2009 legislative session. The pamphlet, Renovate 
Right: Important Lead Hazard Information for Families, Child Care 
Providers and Schools, must be distributed per the regulations prior to 
the beginning of any renovation project by a firm. Outreach activities 
have a high priority in the State program. The objective of the 
outreach program is to educate and make the public and regulated 
community aware of the hazards of lead-based paint. The outreach 
program will also inform the public and regulated community of the 
regulatory requirements applicable to lead-based paint activities. The 
overall goal of the outreach program is to protect the environment and 
health of the people within the State.
    The cost of the State program will be supported by Federal grants 
and fees. The fees will be assessed for certification of individuals 
and firms, accreditation of training programs and renovations projects.
    The Mississippi Commission on Environmental Quality and the 
Mississippi Department of Environmental Quality have adequate authority 
to administer and enforce all regulatory requirements of the State 
program. The enforcement authorities provided by State statutes and 
regulations are adequate to ensure the State program is as protective 
as the Federal program. The compliance and enforcement elements of the 
State program are comparable to the compliance and enforcement elements 
of the Federal program. As provided for in the Federal program, the 
State program provides for the suspension, revocation, or modification 
of training program accreditation and certifications of individuals and 
firms.

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 
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 program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw authorization of a State or Indian Tribal renovation, repair 
and painting program, and/or a lead-based paint pre-renovation 
education program, after notice and opportunity for corrective action, 
if the program is not being administered or enforced in compliance with 
standards, regulations, and other requirements established under the 
authorization. The procedures U.S. EPA will follow for the withdrawal 
of an authorization are found at 40 CFR 745.324(i).

List of Subjects in 40 CFR 745

    Environmental protection, Hazardous substances, Lead Poisoning, 
Reporting and recordkeeping requirements.

    Dated: August 11, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-23257 Filed 9-9-11; 8:45 am]
BILLING CODE 6560-50-P


