[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]
[Page 58846-58849]
[DOCID:fr17oc07-58]

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ENVIRONMENTAL PROTECTION AGENCY

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

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

AGENCY: Environmental Protection Agency (EPA).

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

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

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

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

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

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID number EPA-HQ-OPPT-2007-0698. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID number EPA-HQ-OPPT-
2007-0689. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected throughhttp://www.regulations.gov, or e-mail. Thehttp://www.regulations.gov, website

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going throughhttp://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of the comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm
.

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

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically athttp://www.regulations.gov
, or, if only available in hard copy, at the OPPT

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

FOR FURTHER INFORMATION CONTACT: Amanda Hasty, Pollution Prevention,
Pesticides and Toxics Program (P3T), U.S. EPA, Region 8, 1595 Wynkoop
St., Denver, CO 80202-1129; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

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

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

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

II. Background

A. What Action is the Agency Taking?

    The State of Utah has provided a self-certification letter stating
that its pre-renovation notification program meets the requirements for
authorization of a state program under section 404 of TSCA and has
requested approval of the Utah pre-renovation notification program.
Therefore, pursuant to section 404 of TSCA, the program is deemed
authorized as of the date of submission, October 13, 2006. If EPA
subsequently finds that the program does not meet all the requirements
for approval of a state program, EPA will work with the state to
correct any deficiencies in order to approve the program. If the
deficiencies are not corrected, a notice of disapproval will be issued
in the Federal Register and a Federal program will be implemented in
the State.
    Pursuant to section 404(b) of TSCA (15 U.S.C. 2684(b)), EPA
provides notice and an opportunity for a public hearing on a state or
tribal program application before approving the application. Therefore,
by this notice EPA is soliciting public comment on whether the State of
Utah application meets the requirements for EPA approval. This notice
also provides an opportunity to request a public hearing on the
application. If a hearing is requested and granted, EPA will issue a
Federal Register notice announcing the date, time, and place of the
hearing. EPA's final decision on the application will be published in
the Federal Register.

B. What is the Agency's Authority for Taking this Action?

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled Lead Exposure Reduction.
    Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to
promulgate final regulations governing LBP activities in target
housing, public and commercial buildings, bridges and other structures.
Those regulations are to ensure that individuals engaged in such
activities are properly trained, that training programs are accredited,
and that individuals engaged in these activities are certified and
follow documented work practice standards. Under section 404 of TSCA
(15 U.S.C. 2684), a State may seek authorization from EPA to administer
and enforce its own LBP paint activities program.
    In the Federal Register of August 29, 1996 (61 FR 45777) (FRL-5389-
9), EPA promulgated final TSCA section 402/404 regulations governing
LBP activities in target housing and child-occupied facilities (a
subset of public buildings). Those regulations are codified at 40 CFR
part 745, and allow both states and Indian tribes to apply for program
authorization. Pursuant to section 404(h) of TSCA (15 U.S.C. 2684(h)),
EPA is to establish the Federal program in any state or tribal nation
without its own authorized program in place by August 31, 1998.
    States and tribes that choose to apply for program authorization
must submit a complete application to the appropriate regional EPA
office for review. Those applications will be reviewed by EPA within
180 days of receipt of the complete application. To receive EPA
approval, a state or tribe must demonstrate that its program is at
least as protective of human health and the environment as the Federal
program, and provides for adequate enforcement (section 404(b) of TSCA,
15 U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q)
provide the detailed requirements a State or Tribal program must meet
in order to obtain EPA approval.
    A state may choose to certify that its LBP activities program (40
CFR part 745, subpart L) and/or pre-renovation notification program (40
CFR part 745, subpart E) meets the requirements for EPA approval, by
submitting a letter signed by the Governor or Attorney General stating
that the program meets the requirements of section 404(b) of TSCA. Upon
submission of such certification letter, the program is deemed
authorized (15 U.S.C. 2684(a)). This authorization becomes ineffective,
however, if EPA disapproves the application or withdraws the program
authorization.

III. State Program Description Summary

    The following summary of the State of Utah proposed pre-renovation
education program was provided by the applicant.
    During the 1998 Utah legislative session, Senate Bill 118 (SB 118)
was unanimously passed by both the House and the Senate. SB 118 amends
Utah Code Annotated (UCA) Section 19-2-104 of the Utah Air Conservation
Act, which provides authority for the Utah Air Quality Board (Board) to
make administrative rules for a Utah LBP Program. The legislation
specifically gives authority to the Board to make rules for training,
certification and performance requirements in accordance with sections
402 and 404 of subchapter IV of TSCA. SB 118 also provides the Board
with the authority to establish work practices, certification and
clearance sampling requirements for persons who conduct LBP inspections
in facilities subject to TSCA Title IV.
    The legislation also specifically gives the Board the authority to
establish certification requirements for inspectors, risk assessors,
supervisors, project designers and abatement workers when performing
LBP activities subject to TSCA Title IV.
    During the 2003 legislative session, House Bill 165 incorporated a
change to UCA 19-2-104(1)(i) giving the Board the authority to make
administrative rules for programs authorized by TSCA section 406.
    The Utah Attorney General's Office reviewed the content of SB 118
prior to enactment and determined that SB 118 would provide the Board
with the

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

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

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

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

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
or Tribal program. Therefore, EPA reserves the right to exercise its
enforcement authority under TSCA against a violation of, or a failure
or refusal to comply with, any requirement of an authorized State or
Tribal program.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of this document in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Renovation
notification, Reporting and recordkeeping requirements.

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

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