[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)] [Notices] [Pages 69760-69762] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32386] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [PB-402404-PR; FRL-6383-8] Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Commonwealth of Puerto Rico Authorization Application AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On August 6, 1999, the Commonwealth of Puerto Rico submitted an application for EPA approval to administer and enforce training and certification requirements, training program accreditation requirements, and work practice standards for lead-based 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 Puerto Rico's application, provides a 45-day public comment period, and provides an opportunity to request a public hearing on the application. Puerto Rico has provided a certification that its program meets the requirements for approval of a State program under section 404 of TSCA. Therefore, pursuant to 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 take effect in Puerto Rico. DATES: Comments, identified by docket control number PB-402404-PR, must be received on or before January 28, 2000. In addition, a public hearing request may be submitted on or before January 28, 2000. 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 control number PB-402404-PR in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Louis Bevilacqua, Regional Lead Coordinator, Pesticides and Toxic Substances Branch, Environmental Protection Agency, Region II, 2890 Woodbridge Avenue, MS-225, Edison, NJ 08837-3679. telephone: (732) 321-6671; e-mail address: [email protected]. 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 Puerto Rico. 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 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'' 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 control number PB-402404-PR. The official record consists of the documents specifically referenced in this action, this notice, the Commonwealth of Puerto Rico's authorization application, 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 4:30 p.m., Monday through Friday, excluding legal holidays. The docket is located at the EPA Region II Office, Environmental Protection Agency, Pesticides and Toxic Substances Branch, Building 209, Bay B, Lead Team Office, 2890 Woodbridge Avenue, Edison, NJ. C. How and to Whom Do I Submit Comments and Hearing Requests? You may submit comments and hearing requests through the mail, in person, or electronically. To ensure proper receipt by EPA, it is imperative that you identify docket control number PB-402404-PR in the subject line on the first page of your response. 1. By mail. Submit your comments and hearing requests to: Environmental Protection Agency, Region II, Pesticides and Toxic Substances Branch, 2890 Woodbridge Avenue, MS-225, Edison, NJ 08837- 3679. 2. In person or by courier. Deliver your comments and hearing requests to: Environmental Protection Agency, Pesticides and Toxic Substances Branch, Building 209, Bay B, Lead Team Office, 2890 Woodbridge Avenue, Edison, NJ. The regional office is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 3. Electronically. You may submit your comments and hearing requests electronically by e-mail to: ``[email protected]'' or mail your computer disk to the address identified above. Do not submit any information electronically that you [[Page 69761]] consider to be CBI. Electronic comments and hearing requests must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data and hearing requests will also be accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file format. All comments and hearing requests in electronic form must be identified by docket control number PB-402404-PR. Electronic comments and hearing requests 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.'' II. Background A. What Action is the Agency Taking? The Commonwealth of Puerto Rico has provided a certification letter stating that its lead-based paint training and certification program meets the requirements for authorization of a State program under section 404 of TSCA and has requested approval of the Puerto Rico lead-based paint training and certification program. Therefore, pursuant to section 404 of TSCA, the program is deemed authorized as of the date of submission (i.e., August 6, 1999). 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 Commonwealth of Puerto Rico's 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 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 of TSCA, 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, 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 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. 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 Commonwealth of Puerto Rico's proposed program has been provided by the applicant. The Commonwealth of Puerto Rico, through the Environmental Quality Board, has implemented its Lead-Based Paint Program based on the following outlined structure. In December 1997 and June 1998, the Legislature passed an amendment to the Environmental Public Policy Act (Law No. 9) of June 18, 1970, as amended, 12 L.P.R.A. 1121, et. seq., which authorizes the Puerto Rico Environmental Quality Board to be the government agency responsible for the implementation, administration, and enforcement of the Puerto Rico Lead Permit and Certification Program. The Environmental Quality Board adopted the Regulations for the Control of Lead-Based Paint Abatement Activities, Chapter 1500 on May 26, 1999. These rules were approved by the Secretary of State and became effective on June 28, 1999. Law No. 9, as amended, and the Regulations for the Control of Lead- Based Paint Abatement Activities establish the following: Legal Authority, 1502 These rules are promulgated pursuant to the authority conferred to the Environmental Board by Act Number 9 of June 18, 1970, 12 L.P.R.A. 1121, et. seq., as amended. Definitions, 1503 These rules contain definitions for the clarification of content. Purpose, 1510 These rules contain background information on the purpose for [[Page 69762]] establishing lead-based paint regulations. Scope and Applicability, 1511 These rules contain procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, and standards for performing such activities. These rules also contain requirements that all lead-based paint activities in target housing and child-occupied facilities shall be performed by certified individuals and firms. These rules do not require the mandatory abatement of lead-based paint. Compliance Inspections; Authority to Enter, 1512 These rules contain authority for Environmental Quality Board members, agents, or employees to enter and examine a facility periodically and unannounced for compliance with lead regulation requirements. Generic Provisions, 1513, 1514, 1515 These rules contain requirements for generic provisions. Generic Prohibitions, 1520 These rules contain requirements for generic prohibitions. Failure to Comply, 1521 These rules contain authority for the Environmental Quality Board to execute penalties for violating the regulations. Accreditation of Training Programs for Target Housing and Child- Occupied Facilities, 1530-1539 These rules contain procedures and requirements for the accreditation of training programs which include, but are not limited to, minimum requirements for the approval of training program's application, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, assessment of fees, on-site audits requirements, quality control, notification and recordkeeping, and reasons for suspension, revocation, and/or modification of a training program. Certification Requirements and Application Procedures for Individuals and Firms, 1540-1549 These rules contain procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, which include, but are not limited to, educational and experience requirements, completion of an approved training program, and third party exam. It also includes fees, renewal requirements, reciprocity, grandfathering, compliance with work practice standards, and suspension, revocation, and modifications of certification. Work Practice Standards for Conducting Lead-Based Paint Activities for Target Housing and Child-Occupied Facilities, 1550-1569 These rules contain procedures and requirements for conducting lead-based paint activities which include, but are not limited to, inspections, lead hazard screens, risk assessments, notification, abatement, project approval, fee assessment, composite sampling, laboratory analysis, notification, permit conditions, manifest and recordkeeping requirements. Lead Clearance Levels, 1570 Clearance procedures shall be conducted on all abatement projects by a certified risk assessor or lead inspector after appropriate cleaning has been completed. Compliance levels are designated in this section. 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 General Accounting Office 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: November 1, 1999. William J. Muszynski, Acting Administrator, Region II. [FR Doc. 99-32386 Filed 12-13-99; 8:45 am] BILLING CODE 6560-50-F