[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53552-53555]
[FR Doc No: 2021-20008]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0726; FRL-8939-02-R4]

Air Plan Approval; North Carolina; Mecklenburg Miscellaneous
Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision to the
Mecklenburg County portion of the North Carolina SIP, hereinafter
referred to as the Mecklenburg Local Implementation Plan (LIP). The
revision was submitted by the State of North Carolina, through the
North Carolina Division of Air Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality (MCAQ) via a letter dated April 24,
2020, and was received by EPA on June 19, 2020. The revision updates
several Mecklenburg County Air Pollution Control Ordinance (MCAPCO)
rules incorporated into the LIP. EPA is finalizing these changes
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective October 28, 2021.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0726. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In a notice of proposed rulemaking (NPRM) published on July 2, 2021
(86 FR 35244), EPA proposed to approve changes to several rules in the
Mecklenburg County LIP. The April 24, 2020, submittal includes changes
and updates to the following rules to more closely align them with
their analog SIP-

approved North Carolina regulations.\1\ The submission includes changes
and updates to MCAPCO Rules 2.0101, Definitions; 2.0201, Classification
of Air Pollution Sources; 2.0202, Registration of Air Pollution
Sources; 2.0302, Episode Criteria; 2.0303, Emission Reduction Plans;
and 2.0304, Preplanned Abatement Program.\2\
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    \1\ EPA notes that the April 24, 2020, submittal was received by
EPA on June 19, 2020.
    \2\ The April 24, 2020 submittal contains changes to other
Mecklenburg LIP-approved rules that are not addressed in this
notice. EPA will be acting on those rules in separate actions.
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    The submittal also asks EPA to reincorporate the following rules
into the LIP with a new effective date: MCAPCO Rules 1.5301, Special
Enforcement Procedures; 1.5302, Criminal Penalties; 1.5303, Civil
Injunction; 1.5304, Civil Penalties; 1.5306, Hearings; 1.5307, Judicial
Review; 2.0301, Purpose; and 2.0305, Emission Reduction Plant: Alert
Level. The text of these rules has not changed.
    The July 2, 2021, NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments were due on or
before August 2, 2021. EPA only received one comment, and it was in
favor of this action. This comment will be posted in the docket for
this action for public review.

II. Incorporation by Reference

    In this document, EPA is finalizing approval of regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is approving MCAPCO Rules 1.5301--
Special Enforcement Procedures; 1.5302--Criminal Penalties; 1.5303--
Civil Injunction; 1.5304--Civil Penalties; 1.5306--Hearings; 1.5307--
Judicial Review; 2.0301--Purpose; and 2.0305--Emission Reduction Plan:
Alert Level, all of which have an effective date of December 15, 2015;
as well as MCAPCO Rules 2.0101--Definitions; 2.0201--Classification of
Air Pollution Sources; 2.0202--Registration of Air Pollution Sources;
2.0302--Episode Criteria; 2.0303--Emission Reduction Plans; and
2.0304--Preplanned Abatement Program, all of which have an effective
date of December 18, 2018, into the Mecklenburg County portion of the
North Carolina SIP to update the rules to more closely align them with
their analog North Carolina rules in the SIP.
    EPA has made and will continue to make these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve the aforementioned changes to
the Mecklenburg LIP. Specifically, EPA is finalizing approval of
revisions to MCAPCO Rules 1.5301--Special Enforcement Procedures;
1.5302--Criminal Penalties; 1.5303--Civil Injunction, 1.5304--Civil
Penalties; 1.5306--Hearings; 1.5307--Judicial Review; 2.0101--
Definitions; 2.0201--Classification of Air Pollution Sources; 2.0202--
Registration of Air Pollution Sources; 2.0301--Purpose; 2.0302--Episode
Criteria; 2.0303--Emission Reduction Plans; 2.0304--Preplanned
Abatement Program; and 2.0305--Emission Reduction Plan: Alert Level.
EPA is taking final action to approve these revisions because they are
consistent with the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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 a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
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 the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of

such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 9, 2021.
John Blevins,
Acting Regional Administrator Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart II--North Carolina

0
2. In Sec.  52.1770 amend the table in paragraph (c)(3) by:
0
a. Revising the title of ``Article 1.000 Permitting Provisions for Air
Pollution Sources, Rules and Operating Regulations for Acid Rain
Sources, Title V and Toxic Air Pollutants'';
0
b. Under Section 1.5300 Enforcement; Variances; Judicial Review by
revising the entries for ``Section 1.5301,'' ``Section 1.5302,''
``Section 1.5303,'' ``Section 1.5304,'' ``Section 1.5306,'' and
``Section 1.5307'';
0
c. Under ``Section 2.0100 Definitions and References'' by revising the
entry for ``Section 2.0101'';
0
d. Under ``Section 2.0200 Air Pollution Source'' by revising the
entries for ``Section 2.0201'' and ``Section 2.0202,''; and
0
e. Under ``Section 2.0300 Air Pollution Emergencies'' by revising the
entries for ``Section 2.0301,'' ``Section 2.0302,'' ``Section 2.0303,''
``Section 2.0304,'' and ``Section 2.0305'' .
    The revisions read as follows:

Sec.  52.1770   Identification of plan.

* * * * *
    (c) * * *

                                 (3) EPA-Approved Mecklenburg County Regulations
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                                                        State
       State citation             Title/subject       effective      EPA approval date          Explanation
                                                         date
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  Article 1.0000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
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                                                  * * * * * * *
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                             Section 1.5300 Enforcement; Variances; Judicial Review
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Rule 1.5301................  Special Enforcement      12/15/2015  9/28/2021, [Insert      ......................
                              Procedures.                          citation of
                                                                   publication].
Rule 1.5302................  Criminal Penalties....   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5303................  Civil Injunction......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5304................  Civil Penalties.......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].

                                                  * * * * * * *
Rule 1.5306................  Hearings..............   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 1.5307................  Judicial Review.......   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].

                                                  * * * * * * *
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                                    Section 2.0100 Definitions and References
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Rule 2.0101................  Definitions...........   12/18/2018  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].

                                                  * * * * * * *
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                                      Section 2.0200 Air Pollution Sources
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Rule 2.0201................  Classification of Air    12/18/2018  9/28/2021, [Insert      ......................
                              Pollution Sources.                   citation of
                                                                   publication].
Rule 2.0202................  Registration of Air      12/18/2018  9/28/2021, [Insert      ......................
                              Pollution Sources.                   citation of
                                                                   publication].
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                                    Section 2.0300 Air Pollution Emergencies
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Rule 2.0301................  Purpose...............   12/15/2015  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.0302................  Episode Criteria......   12/18/2018  9/28/2021, [Insert      ......................
                                                                   citation of
                                                                   publication].
Rule 2.0303................  Emission Reduction       12/18/2018  9/28/2021, [Insert      ......................
                              Plans.                               citation of
                                                                   publication].

Rule 2.0304................  Preplanned Abatement     12/18/2018  9/28/2021, [Insert      ......................
                              Program.                             citation of
                                                                   publication].
Rule 2.0305................  Emission Reduction       12/15/2015  9/28/2021, [Insert      ......................
                              Plan: Alert Level.                   citation of
                                                                   publication].

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* * * * *
[FR Doc. 2021-20008 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P


J ***  GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH ENVIRONMENTAL ADMINISTRATION  HEALTH MAILING ADDRESS Lead Poisoning Prevention Division June 1,1999 Gerallyn Valls Region I11 Lead Program Coordinator 3WC33 US EPA Region 111 1650 Arch Street Philadelphia, Pennsylvania 19103 2029 RE: EPA Authorization Review Dear Ms. Valls: 825 North Capitol St., N. E. 5th Floor Washington, D. C. 20002 202 442 5828 c %$ a This is in response to your letter to Richard Brewster dated May 3, 1999, regarding additional information and clarification to the District of Columbia authorization application. Below are the responses and the applicable attachments:

1. Enforcement Resources  Areas where clarification is still needed:

A. Page 12 of the Program Description lists seven positions associated with the District's Lead Program. However, functions and duties are not listed. Please list:

all enforcement personnel individually,

' e. each individual's job function, associated salaries and fringe costs ( and indirect costs if these are applied to either personnel or fringe), percentage of each individual's time associated with lead inspections and enforcement, and source of funding, by individual grant or other source. Personnel Salary Fringe Indirect OhEnf. Funding Source Lead Abatement Coord. 57,104 10,221 19,301 100% EPA Program Assisstant 26,260 4,701 8,876 50% EPA Community Outreach 47,525 8,507 16,063 60% EPAMUD2 Compliance Field Monitor 42,625 7,630 14,407 100% EPAfHUD2 Compliance Field Monitor 42,625 7,630 14,407 100% EPA/ C& E Attorney Advisor 52,156 9,336 17,629 35% EPA Permit Processor 29,500 5,281 9,971 100% EPA/ C& E A description of job functions for each position is delineated in Appendix M.

B. Position listed above, if funded by EPA grants, should be associated with deliverables to conduct enforcement under those respective grants. The application states that the one of the two Compliance Monitors is funded out of the EPA/ HUD grant. However, the pending EPA/ HUD I1 grant does not appear to list any enforcement responsibilities for the   Compliance Monitor  nor are inspectiondenforcement listed in the grant as anoutput. Please identify where in the pending EPA/ HUD grant the functions related to inspections andor enforcement are described.

The compliance monitor position that is funded by the EPA/ HUD II grant is associated with compliance and enforcement activities. The deliverables, as indicated in the grant application, are: developing the audit forms and auditing training providers for compliance with the EPA regulations; develop and administer the third party exams to certify individuals requesting certification and developing any necessary procedures to efficiently carry out the enforcement program. All of these task are considered to be enforcement activities since they are regulations and a monitored indicator in our program. The EPA/ HUD I1 compliance monitor would also be required to perform onsite inspections with the other compliance monitor when scheduling permits.

C. Appendix B, Fiscal Impact Statement, may be missing a page. Page 1 ends with   expected to range from  and page 2 ( unnumbered) begins witha new paragraph,   Totai revenue form certification...  The anticipated revenues associated with certification of individuals are listed in the table that is included in page 2 ( unnumbered), but these total $ 83,800 and not $ 84,000, which is listed as the total in this chart. Neither figures are consistent with the $ 106,500 that is listed on the top of this page as   revenue from certification of individuals.  Please correct these inconsistencies.

Corrected See Appendix B, Fiscal Impact Statement Please provide a brief( i. e., less than one page) itemization of costs associated with the $ 747,824that is listed on page 1 of Appendix B to runthe Program. From this total, please identifl which itemized costs are enforcement; elated. This was requested in the February 22, 1999 teleconference between officials of  the District and EPA Region 111. Enforcement costs should correlate with those listed in [ A] above. [ If there are significant equipment or other costs related to enforcement and the District would prefer to provide this itemization by task ( already delineated in EPA grants), rather than by personnel and fringe costs in order to more accurately show the percentage of the $ 747,824 that is associated with enforcement, that would be fine].

See Appendix B for current cost to run the program.

D. Plans should be included in the application to address how the District expects to continue to support inspectors after the Enforcement and EPA/ HUD grants expire. These are eligible costs for future 404( g) funding so the District may make this commitment contingent upon receipt of fbture 4Oqg) funds.

The District plans to seek resources for the LeadEnforcement Program. Conceivably, the proposed revenue of $ 136,500 and subsequent fines from monetary sanctions will in time cover a significant amount of the overhead cost. However, h the interim, the Lead Based Paint Program is unable to sustaiwcurrent program costs. The program success and commitment remains contingent upon receipt of future 404( g) funds.

E. In what offices do the individuals listed on page 12 of the Program Description work? The two organizational charts in Appendix E do not show this.

Five individuals listed on page 12 are located in the Lead Poisoning Prevention Division under the Bureau of Hazardous Materials and Toxic Substances within the Environmental Health Administration. ( See attached organizational chart on the last page of the new Organizational Order). The Organization Order # 5 referenced in the authorization package has been rescinded and the new Organization Order dated 11/ 6/ 98 has been substituted.

2. Tracking Tips and Complaints, Targeting Inspections, Follow up to Inspection Reports, and Compliance Monitoring and Enforcement [ Sections 327( c)( 4)( 7)]

A. At the February 22nd conference call, EPA informed the District that a chart of all different violations with assigned penalties for different violations ( the   penalty matrix ) is needed. This is not included in the revised application. This chart should include current penalties, even if an amendment is anticipated that addresses minimum penalties.

3 See Civil Penalty Matrix Appendix N B. Section 327( c)( 6) of the regulations requires the state to   demonstrate... ability to process and foIlow up on inspection reports...  Page 21 of the Program Description lists the tools available   to the Mayor  to take enforcement action  against violators, but an outline or flow chart that identifies protocols to follow to identify which option to invoke is not included. When, for example, does an enforcement officer decide to issue a notice of violafion instead of referring a case to Corporation Counsel in court? The flow of this process should be outlined on page 29, under   Follow up to Inspection Reports.

Flow chart of the follow up of inspection reportsaee Appendix 3. Training of Inspection and Enforcement Personnel A. Will training to state itspectors include chain of custody and methods of obtaining consent to perform inspections?

Training of Inspection and Enforcement Personnel All state inspectors undergo training by the Office of Adjudication as stated in the authorization package. This in house training program is comprehensive to insure continuity of informatioi required for a legally sufficient case report. Topics include the inspection process, chain of custody, method of obtaining consent, adjudication and penalty assessment policies. A copy of those topics is attached. See Appendix L.

B. Why are training requirements for inspectors, risk assessors, supervisors and project designers listed on pages 25 27 of the Program Description Section? Section 327( c)( 1) is supposed to address training of District Inspection and Enforcementpersonnel  not the individuals that the District regulates.

Section 327( c)( l) describes the core training curriculum each state enforcement inspector will have to conduct compliance inspections. The outline of the course content represents outside training as a risk assessor or an inspector. This would meet the core training requirement. The additional in house training with the Office of Adjudication will augment the basic core training for enforcement personnel and enhance the effectiveness of program delivery.

4. Sampling Techniques  Section 327( c)( 3} requires the state program to   implement a quality assurance program that ensures appropriate quality of laboratory personnel and protects the integrity of analytical data.  Region I11 has explained on numerous occasions that we interpret this to mean that an approved Quality Assurance Project Plan ( QAPP), or equivalent, is required. EPA Region I11 uses the Region 1.1Guidancefor Preparing Lead Monitoring Project Plans as the criteria to ensure that a lead project andor Lead Program conforms with quality assurance and quality management requirements. The paragraph on page 28 and Appendices J and K do not conform to the Region 111 Guidance. Although Appendices J and K begin to address quality assurance requirements, either these should be submitted as part of a separate document that is structured to undergo QAPP review by the Region or the entire authorization application must be held up ( or the application disapproved) while the appendices are fixed to conform with Regional Guidance. We strongly urge the District to submit a separate Quality Assurance Plan within four weeks of receipt of this letter so that this does not hold up EPA review of the District s application for authorization. A commitment from the District to submit the draft QAPP no later than May 31st and to revise the QAPP within 30 days of receipt of EPA comments should be included in the discussion of Sampling Techniques on page 28.

Sampling Techniques QAPP. See Appendix J for the draft 5. Third Party Exam  Region I11 is still awaiting confirmation from the District that a third party exam is available for individuals seeking certification. This was due to Region 111 by the end of March.

In our Second Quarterly Report ( February 1,1998 May 31,1998) neither issuance of exams nor trainer accreditation Fontained an April 30th due date. The issuance of exams and training accreditation was based on obtaining a functional database and the expectation of hiring additional staff. We have since deyeloped a scope of work for the FWP for the examination vendor services. A copy was previously submitted. In the interim of selecting a vendor, DOH will administer the exam. A letter has been transmitted to Maryland and Virginia requesting a copy of their third party exam. The District will adopthcorporate DCspecific questions to the exam. We have yet to receive an exam request and conduct our first exam. As an interim procedure we are employing alternate procedures for certification based on prior training.

6. Cert$ cation of Individuals and Firms  Page 37 of the Progrd Analysis, item 6, refers to the date after which LBP activity may not be performed without certification at 745.( a)( 5)   to be amended to 8/ 3 1/ 98 . This should be explained in the Program Description under Program Element # 2. Hasthe District amended its rules to establish a date after which performance of a LBP activity is considered a violation? If so, that date should be set forth in the appIication in both the Program Analysis and Program Description Sections. Furthermore, page 27 of the Program Description should describe the District s plans to communicate this deadline to the regulated community as part of compliance assistance. If such an amendment has not passed to date, please describe, in the Program Analysis and Program Description Sections, how the District s current Program is   as protective  as the federal program as it pertains to current performance of a LBP activity without certification.

5 There will be no amendment to the EPA dates and the program description has been updated to reflect the change.

Similarly, page 39 of the Program Analysis, items 1 and 7 under Certification Based on Prior Training, and items 1 and 5 under Certification ofFirms, indicate   Date to be amended  with no explanation in the Program Description nor in a footnote. Hasthis amendment been passed? If so, please update these charts and provide the amendment as part of the application; if not, please explain in the Program Description and in a footnote to thktable and outline activities to communicate the current deadlines to the regulated community.

There will be no amendment to the EPA dates and the program description has been updated to reflect the change.

In EPA s letter to the District dated February 16, 1999, a time line which reflects implementationof the District s Lead Program from March 1, 1999 was requested. This has not been received in the Region. The information requested in item 9, herein, relates to that request.

This information was transmitted to A. Dickens of EPA in the District s letter of March 15, 1999.

7. Program Description  Page 6, line. l  Something is wrong with this skntence.

Corrected 8. Progress Reporting  Please include, on page 30, a commitment to submit the first progress report on or before August 17, 1999, which is one year after the District self certified and thereby was deemed authorized. Subsequent progress reports also will be due August 17th of ensuing years.

The District is committed to submit annual progress reports on the anniversary date of self certification beginning on August 17,1999.

9. Organizational Chart A. The   Organization Order Number 5  that is included in this section appears to be a draft, as question marks are included on pages 4 and 5 of this document. Please . provide a final copy. The   Organization Order Number 5  document has no reference to the Lead Poisoning Prevention Division which leads the reader to wonder why this is included at all.

The   Organizational Order Number 5  is addressed under 1E above. The authorized copy is attached with the organizational chart on the last page.   See Appendix E.

B. Two organizational charts are included in this tabbed section, but they are different from each other, and only one chart includes the Lead Poisoning Prevention Division. Please include one, correct chart that outlines where the District s Lead Program resides in the Environmental Health Administration or explain why two charts and the   Organization Order Number 5  are provided.

See 1Eabove 10. Lead Based Paint Tasworce( Tabbed Section F of Application)  Please provide a copy that does not have the right side cut off. Does this Taskforce still exist? If so, has the Department of Health become a formal partner in the Taskforce? Please provide documentation, on page 13 of the application, on the Department of Health s role in the Taskforce.

The Inter Agency Taskforce did meet for the budget period on November 18,1997. The Lead Staff also held a transitional meeting on January 13,1998 because we were no longer under the Department of Consumer and Regulatory Affairs, ( DCRA) therefore, our Mayoral Order for the Lead Taskforce had to be re written. The new Mayoral Order will change the authority of the taskforce from DCRA to DOH. The Mayoral Order was drafted in early March and is being reviewed by the General Counsel. See Appendix F 11. Notijkation  Pages 28 and 29 refer to   lead activity  as something that is fully addressed through the permit process. However, according to DC Law 11 221, Section 8, a permit ( which involves notification) is only required for abatements and not for inspections, risk assessments, and project designs. If DC has a process for monitoring compliance of inspectors, risk assessors, and project desigriers, this should be outlined in the above respective sections, or else, the word   lead activity  should be changed, it appears, to   lead abatements.

Corrected See page 28 7 If you have any questions, please feel free to contact Ms. Cheryl Amisial on 202 442 9097 Thank you for your assistance.

Sincerely, /

Manager Lead Poisoning Prevention Division cc: Donna Armstrong ( 3PM71) Aquanetta Dickens ( 3WC33) Dan Gallo ( 3WC33) Jeanne Sofield


[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54031-54032]
[FR Doc No: 2018-23574]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2017-0464; FRL-9985-55]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances;
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs)
promulgated under the Toxic Substances Control Act (TSCA) for 19
chemical substances, which were the subject of premanufacture notices
(PMNs). EPA published these SNURs using direct final rulemaking
procedures, which requires EPA to take certain actions if an adverse
comment is received. EPA received adverse comments and a request to
extend the comment period regarding the SNURs identified in the direct
final rule. Therefore, the Agency is withdrawing the direct final rule
SNURs identified in this document, as required under the direct final
rulemaking procedures.

DATES: The direct final rule published at 83 FR 43538 on August 27,
2018, is withdrawn effective October 26, 2018.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0464 is available at http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-9232; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal
Register of August 27, 2018 (83 FR 43538) (FRL-9982-24). If you have
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. What direct final SNURs are being withdrawn?

    In the Federal Register of August 27, 2018 (83 FR 43538) (FRL-9982-
24), EPA issued direct final SNURs for 19 chemical substances that are
identified in that document. Because the Agency received adverse
comments and a request to extend the comment period regarding the SNURs
identified in the document, EPA is withdrawing the direct final SNURS
issued for these 19 chemical substances, which were the subject of
PMNs. In addition to the Direct Final SNURs, elsewhere in the same
issue of the Federal Register of August 27, 2018 (83 FR 43538) (FRL-
9982-24), EPA issued proposed SNURs covering these 19 chemical
substances. EPA will address all adverse public comments in a
subsequent final rule, based on the proposed rule.

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day
delay of effective date generally required by the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations
for publication in the Federal Register. This document must publish on
or before the effective date of the direct final rule containing the
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone
into effect and which contain no new or amended requirements and
reopens a comment period. As such, the Agency has determined that this
action will not have any adverse impacts, economic or otherwise. The
statutory and Executive Order review requirements applicable to the
direct final rules were discussed in the August 27, 2018 Federal
Register (83 FR 43538). Those review requirements do not apply to this
action because it is a withdrawal and does not contain any new or
amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule 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
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the
issuing agency to make a rule effective sooner than otherwise provided
by CRA if the agency makes a good cause finding that notice and public
procedure is impracticable, unnecessary, or contrary to the public
interest. As required by 5 U.S.C. 808(2), this determination is
supported by a brief statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: October 17, 2018.
Lance Wormell,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.

0
Accordingly, the amendments to 40 CFR parts 9 and 721 published on
August 27, 2018 (83 FR 43538), are withdrawn effective October 26,
2018.

[FR Doc. 2018-23574 Filed 10-25-18; 8:45 am]
 BILLING CODE 6560-50-P