Lead-Based Paint Activities; State of Hawaii Lead-Based Paint Program, 52327-52329 [E6-14588]
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Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Notices
(202) 566–1744, and the telephone
number for the ORD Docket is (202)
566–1752.
The June 27–30, 2006 HSRB meeting
draft report is now available. You may
obtain electronic copies of this
document, and certain other related
documents that might be available
electronically, from the regulations.gov
Web site and the HSRB Internet Home
Page at https://www.epa.gov/osa/hsrb/.
For questions on document availability
or if you do not have access to the
Internet, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
sroberts on PROD1PC70 with NOTICES
C. 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
used.
3. Provide copies of any technical
information and/or data you used that
support your views.
4. Provide specific examples to
illustrate your concerns.
5. To ensure proper receipt by EPA,
be sure to identify the docket ID 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.
D. How May I Participate in this
Meeting?
You may participate in this meeting
by following the instructions in this
section. To ensure proper receipt by
EPA, it is imperative that you identify
docket ID number EPA–HQ–ORD–2006–
0384 in the subject line on the first page
of your request.
1. Oral comments. Requests to present
oral comments will be accepted up to
September 19, 2006. To the extent that
time permits, interested persons who
have not pre-registered may be
permitted by the Chair of the HSRB to
present oral comments at the meeting.
Each individual or group wishing to
make brief oral comments to the HSRB
is strongly advised to submit their
request (preferably via e-mail) to the
DFO listed under FOR FURTHER
INFORMATION CONTACT no later than
noon, eastern time, September 19, 2006,
in order to be included on the meeting
agenda and to provide sufficient time
for the HSRB Chair and HSRB DFO to
review the meeting agenda to provide an
appropriate public comment period.
The request should identify the name of
the individual making the presentation
and the organization (if any) the
individual will represent. Oral
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comments before the HSRB are limited
to 5 minutes per individual or
organization. Please note that this
includes all individuals appearing
either as part of, or on behalf of an
organization. While it is our intent to
hear a full range of oral comments on
the science and ethics issues under
discussion, it is not our intent to permit
organizations to expand these time
limitations by having numerous
individuals sign up separately to speak
on their behalf. If additional time is
available, there may be flexibility in
time for public comments.
2. Written comments. Although you
may submit written comments at any
time, for the HSRB to have the best
opportunity to review and consider your
comments as it deliberates on its report,
you should submit your comments at
least 5 business days prior to the
beginning of this teleconference. If you
submit comments after this date, those
comments will be provided to the Board
members, but you should recognize that
the Board members may not have
adequate time to consider those
comments prior to making a decision.
Thus, if you plan to submit written
comments, the Agency strongly
encourages you to submit such
comments no later than noon, Eastern
Time, September 19, 2006. You should
submit your comments using the
instructions in Unit 1.C. of this notice.
In addition, the Agency also requests
that person(s) submitting comments
directly to the docket also provide a
copy of their comments to the DFO
listed under FOR FURTHER INFORMATION
CONTACT. There is no limit on the length
of written comments for consideration
by the HSRB.
E. Background
The EPA Human Studies Review
Board will be reviewing its draft report
from the June 27–30, 2006 HSRB
meeting. Background on the June 27–30,
2006 HSRB meeting can be found at
Federal Register 71 108, 32536 (June 6,
2006) and at the HSRB Web site https://
www.epa.gov/osa/hsrb/ Finally, the
Board may discuss planning for future
HSRB meetings.
Dated: August 30, 2006.
William H. Farland,
Acting EPA Science Advisor.
[FR Doc. E6–14644 Filed 9–1–06; 8:45 am]
BILLING CODE 6560–50–P
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52327
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2006–0494; FRL–8075–3]
Lead-Based Paint Activities; State of
Hawaii Lead-Based Paint Program
Environmental Protection
Agency (EPA).
ACTION: Notice; requests for comments
and opportunity for public hearing.
AGENCY:
SUMMARY: On November 17, 2005, EPA
received an application from the State of
Hawaii requesting authorization to
administer a program in accordance
with section 402 of the Toxic
Substances Control Act (TSCA).
Included in the application was a letter
signed by Hawaii’s Attorney General
stating that the State’s Lead-Based Paint
Abatement Program is at least as
protective of human health and the
environment as the Federal program
under TSCA section 402. Also included
in the letter from the Attorney General
of Hawaii is the certification that the
laws and regulations of the State of
Hawaii provide adequate legal authority
to administer and enforce TSCA section
402. The application was followed by a
transmittal letter of February 8, 2006,
from the Governor of the State of Hawaii
requesting program approval. Hawaii
certifies that its program meets the
requirements for approval of a State
program under TSCA section 404 and
that Hawaii has the legal authority and
ability to implement the appropriate
elements necessary to enforce the
program. Therefore, pursuant to TSCA
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 be established.
This notice announces the receipt of
Hawaii’s application, provides a 45–day
public comment period, and an
opportunity to request a public hearing
on the application.
DATES: Comments on the application
must be received on or before October
20, 2006.
ADDRESSES: Submit all written
comments and/or requests for a public
hearing identified by docket
identification (ID) numberEPA–HQ–
OPPT–2006–0494, by one of the
following methods:
• Federal eRulemaking Portal:https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Fax: (415) 947–3583.
• Mail: Nancy Oien, Regional Lead
Coordinator, Environmental Protection
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52328
Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Notices
Agency, Region IX, CED-4, 75
Hawthorne St., San Francisco, CA
94105–3901.
• Delivery: Environmental Protection
Agency, Region IX, CED-4, 75
Hawthorne St., San Francisco, CA
94105–3901.
Instructions: Direct your comments to
Docket ID number EPA–HQ–OPPT–
2006–0494. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available on-line athttps://
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 regulations.gov or email. The 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
throughregulations.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 athttps://
www.epa.gov/epahome/dockets.htm.
Comments, data, and requests for a
public hearing may also be submitted
electronically to: oien.nancy@epa.gov.
Docket: All documents in the docket
are listed in thedocket 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 athttps://
www.regulations.gov or in hard copy at
the EPA Region IX Library at 75
Hawthorne St., San Francisco, CA
94105. This docket facility is open from
8 a.m. to noon and 1 p.m. to 4 p.m.,
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17:24 Sep 01, 2006
Jkt 208001
Monday through Friday, excluding legal
holidays. The docket facility telephone
number is (415) 947–4406.
FOR FURTHER INFORMATION CONTACT:
Nancy Oien, Regional Lead Coordinator,
Region IX, CED-4, 75 Hawthorne St.,
San Francisco, CA 94105–3901;
telephone: (415) 972–3780; e-mail
address: oien.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General
A. Does this Action Apply to Me?
This notice is directed to the public
in general. This notice may, however, be
of interest to firms and individuals
engaged in lead-based paint activities in
Hawaii. Since other entities may also be
interested, the Agency has not
attempted to describe all the specific
entities that may be affected by the
notice. If you have any questions
regarding the applicability of this notice
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
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. The Act amended TSCA (15
U.S.C. 2601 et seq.) by adding Title IV
(15 U.S.C. 2681–2692), titled ‘‘Lead
Exposure Reduction.’’
Section 402 of TSCA (15 U.S.C. 2682)
authorizes and directs EPA to
promulgate final regulations governing
lead-based paint activities in target
housing, public and commercial
buildings, bridges, and other structures.
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).
These 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 TSCA
section 404 (15 U.S.C. 2684), a State or
Indian Tribe may seek authorization
from EPA to administer and enforce its
own lead-based paint activities program.
States and Tribes that choose to apply
for program authorization must submit
a complete application to the
appropriate Regional EPA Office for
review. EPA will review those
applications within 180 days of receipt
of the complete application. To receive
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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
authorization.
A State may choose to certify that its
lead-based paint activities program
meets the requirements for EPA
authorization by submitting a letter
signed by the Governor or the 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 until such time as
EPA disapproves the program
application or withdraws the
application.
Section 404(b) of TSCA provides that
EPA may approve a program application
only after providing notice and an
opportunity for a public hearing on the
application. Therefore, by this notice
EPA is soliciting public comment on
whether Hawaii’s application meets the
requirements for EPA approval. This
notice also provides an opportunity to
request a public hearing on the
application. If EPA finds that the
program does not meet the requirements
for authorization of a state program,
EPA will disapprove the program
application, at which time a notice will
be issued in the Federal Register and
the Federal program will be established
in Hawaii.
II. State Program Description Summary
This summary is provided in
accordance with 40 CFR 745.324(a)(4).
The applicant has provided the
following summary of their lead
program. On September 19, 2005,
Hawaii’s Department of Health (HDH)
adopted Title 11, Chapter 11-41, Hawaii
Administrative Rules titled ‘‘Lead-Based
Paint Activities’’ pursuant to Hawaii
statutes in Chapters 91 and 92 and
Hawaii’s revised statute in section 321–
11. These changes authorized Hawaii’s
Department of Health to adopt and
enforce requirements equivalent to the
requirements of 40 CFR part 745,
subpart L, into Hawaii’s Administrative
Rules in accordance with Hawaii’s
Revised Statutes, Title 19, Chapter 342P.
Public hearings were held on April
22, 2004, Hilo, Island of Hawaii; April
23, 2004, Kailua Kona, Island of Hawaii;
May 4, 2004, Lihue, Kona; May 6, 2004,
Wailuku, Maui; and May 7, 2004,
Honolulu, Oahu to consider comments
on the proposed adoption of
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sroberts on PROD1PC70 with NOTICES
administrative rule amendments and
Hawaii’s intent to seek EPA
authorization of its lead-based paint
program. Comments were accepted for
40 days after the published date of
March 29, 2004. There were no oral
comments given at the hearings, but two
sets of written comments were received.
The written comments were technical in
nature and some changes were made to
remain as protective as the Federal
standards. These changes were reviewed
by the State Attorney General who
deemed that no additional public
hearing was required. The Post Hearing
Small Business Impact Statement was
written and approved by the Small
Business Regulatory Review Board
pursuant to section 201M-3, Hawaii
Revised Statutes and the Hawaii’s
Governor’s Administrative Directive No.
99–02.
On September 19, 2005, the Governor
of the State of Hawaii signed the final
rule. The final rule became effective on
October 3, 2005. The Hawaii
Department of Health began
implementing its program on October 3,
2005. Additional information, copies of
the documents referenced above, and
application forms for licensing and
certification may be obtained by
contacting: Tom Lileikis, Environmental
Health Specialist, Hawaii Health
Department, Noise, Radiation, and
Indoor Air Quality Branch, 591 Ala
Moana Blvd., #133, Honolulu, Hawaii
96813; telephone number: (808) 586–
5800; e-mail address:tlileiki@ehsd
mail.health.state.hi.us.
EPA determined that Hawaii’s
original application of November 17,
2005, was incomplete as the transmittal
letter from the State Governor
requesting program approval was
missing. The State of Hawaii submitted
the Governor’s request on February 8,
2006, in accordance with 40 CFR
745.324(d), ‘‘Program Certification,’’
certifying that the State program meets
the requirements contained in 40 CFR
745.324(e)(2)(i) and (e)(2)(ii). Therefore,
as of November 17, 2005, the State of
Hawaii is authorized to administer and
enforce the lead-based paint program
under TSCA section 402, until such
time as the Administrator disapproves
the application or withdraws the State’s
program authorization.
III. Federal Overfiling
Section 404(b) of TSCA (15 U.S.C.
2684(b)) 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
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17:24 Sep 01, 2006
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or refusal to comply with, any
requirement of an authorized State or
Tribal program.
IV. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq. as amended 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: August 3, 2006.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E6–14588 Filed 9–01–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2003–0010; FRL–8088–3]
1,2-Ethylene Dichloride Tier I Program
Review Testing; Notice of Availability
and Solicitation of Comment
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: Under section 4 of the Toxic
Substances Control Act (TSCA), EPA
issued a testing consent order that
incorporated an enforceable consent
agreement (ECA) for 1,2-ethylene
dichloride (EDC). The companies
subject to the ECA agreed to conduct
toxicity testing, develop a
computational dosimetry model for
route-to-route extrapolations, and
develop pharmacokinetics and
mechanistic testing data that are
intended to satisfy the toxicological data
needs for EDC identified in a TSCA
section 4 proposed test rule for a
number of hazardous air pollutant
chemicals. This notice announces that
EPA is starting the program review
component of the EDC ECA alternative
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52329
testing program, and solicits comment
on data received under the Tier I
Program Review Testing segment of the
EDC ECA. Comments are expected to
inform EPA’s decision on whether data
and computational dosimetry model
development completed by the test
sponsors are sufficient to proceed with
the Tier II Testing and computational
dosimetry modeling for route-to-route
extrapolations listed in the EDC ECA.
DATES: Comments must be received on
or before October 5, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2003–0010, by
one of the following methods:
• Federal eRulemaking Portal: https://
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, Rm.
6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
Number EPA–HQ–OPPT–2003–0010.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2003–0010. 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 https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
for which disclosure is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through regulations.gov or email. The 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 through
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
E:\FR\FM\05SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 171 (Tuesday, September 5, 2006)]
[Notices]
[Pages 52327-52329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14588]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0494; FRL-8075-3]
Lead-Based Paint Activities; State of Hawaii Lead-Based Paint
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; requests for comments and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: On November 17, 2005, EPA received an application from the
State of Hawaii requesting authorization to administer a program in
accordance with section 402 of the Toxic Substances Control Act (TSCA).
Included in the application was a letter signed by Hawaii's Attorney
General stating that the State's Lead-Based Paint Abatement Program is
at least as protective of human health and the environment as the
Federal program under TSCA section 402. Also included in the letter
from the Attorney General of Hawaii is the certification that the laws
and regulations of the State of Hawaii provide adequate legal authority
to administer and enforce TSCA section 402. The application was
followed by a transmittal letter of February 8, 2006, from the Governor
of the State of Hawaii requesting program approval. Hawaii certifies
that its program meets the requirements for approval of a State program
under TSCA section 404 and that Hawaii has the legal authority and
ability to implement the appropriate elements necessary to enforce the
program. Therefore, pursuant to TSCA 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 be established. This
notice announces the receipt of Hawaii's application, provides a 45-day
public comment period, and an opportunity to request a public hearing
on the application.
DATES: Comments on the application must be received on or before
October 20, 2006.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket identification (ID) numberEPA-HQ-OPPT-
2006-0494, by one of the following methods:
Federal eRulemaking Portal:https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Fax: (415) 947-3583.
Mail: Nancy Oien, Regional Lead Coordinator, Environmental
Protection
[[Page 52328]]
Agency, Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-
3901.
Delivery: Environmental Protection Agency, Region IX, CED-
4, 75 Hawthorne St., San Francisco, CA 94105-3901.
Instructions: Direct your comments to Docket ID number EPA-HQ-OPPT-
2006-0494. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
athttps://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 regulations.gov or e-
mail. The 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 throughregulations.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 athttps://www.epa.gov/epahome/dockets.htm.
Comments, data, and requests for a public hearing may also be
submitted electronically to: oien.nancy@epa.gov.
Docket: All documents in the docket are listed in thedocket 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 athttp:/
/www.regulations.gov or in hard copy at the EPA Region IX Library at 75
Hawthorne St., San Francisco, CA 94105. This docket facility is open
from 8 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket facility telephone number is (415)
947-4406.
FOR FURTHER INFORMATION CONTACT: Nancy Oien, Regional Lead Coordinator,
Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901;
telephone: (415) 972-3780; e-mail address: oien.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General
A. Does this Action Apply to Me?
This notice is directed to the public in general. This notice may,
however, be of interest to firms and individuals engaged in lead-based
paint activities in Hawaii. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by the notice. If you have any questions
regarding the applicability of this notice to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.
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. The Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), titled ``Lead Exposure Reduction.''
Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to
promulgate final regulations governing lead-based paint activities in
target housing, public and commercial buildings, bridges, and other
structures. 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). These 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 TSCA section 404 (15 U.S.C. 2684), a State or Indian Tribe may
seek authorization from EPA to administer and enforce its own lead-
based paint activities program.
States and Tribes that choose to apply for program authorization
must submit a complete application to the appropriate Regional EPA
Office for review. EPA will review those applications 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 authorization.
A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA authorization by submitting a
letter signed by the Governor or the 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 until such time as EPA disapproves the program application
or withdraws the application.
Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether Hawaii's application meets the requirements
for EPA approval. This notice also provides an opportunity to request a
public hearing on the application. If EPA finds that the program does
not meet the requirements for authorization of a state program, EPA
will disapprove the program application, at which time a notice will be
issued in the Federal Register and the Federal program will be
established in Hawaii.
II. State Program Description Summary
This summary is provided in accordance with 40 CFR 745.324(a)(4).
The applicant has provided the following summary of their lead program.
On September 19, 2005, Hawaii's Department of Health (HDH) adopted
Title 11, Chapter 11-41, Hawaii Administrative Rules titled ``Lead-
Based Paint Activities'' pursuant to Hawaii statutes in Chapters 91 and
92 and Hawaii's revised statute in section 321-11. These changes
authorized Hawaii's Department of Health to adopt and enforce
requirements equivalent to the requirements of 40 CFR part 745, subpart
L, into Hawaii's Administrative Rules in accordance with Hawaii's
Revised Statutes, Title 19, Chapter 342P.
Public hearings were held on April 22, 2004, Hilo, Island of
Hawaii; April 23, 2004, Kailua Kona, Island of Hawaii; May 4, 2004,
Lihue, Kona; May 6, 2004, Wailuku, Maui; and May 7, 2004, Honolulu,
Oahu to consider comments on the proposed adoption of
[[Page 52329]]
administrative rule amendments and Hawaii's intent to seek EPA
authorization of its lead-based paint program. Comments were accepted
for 40 days after the published date of March 29, 2004. There were no
oral comments given at the hearings, but two sets of written comments
were received. The written comments were technical in nature and some
changes were made to remain as protective as the Federal standards.
These changes were reviewed by the State Attorney General who deemed
that no additional public hearing was required. The Post Hearing Small
Business Impact Statement was written and approved by the Small
Business Regulatory Review Board pursuant to section 201M-3, Hawaii
Revised Statutes and the Hawaii's Governor's Administrative Directive
No. 99-02.
On September 19, 2005, the Governor of the State of Hawaii signed
the final rule. The final rule became effective on October 3, 2005. The
Hawaii Department of Health began implementing its program on October
3, 2005. Additional information, copies of the documents referenced
above, and application forms for licensing and certification may be
obtained by contacting: Tom Lileikis, Environmental Health Specialist,
Hawaii Health Department, Noise, Radiation, and Indoor Air Quality
Branch, 591 Ala Moana Blvd., 133, Honolulu, Hawaii 96813;
telephone number: (808) 586-5800; e-mail
address:tlileiki@ehsdmail.health.state.hi.us.
EPA determined that Hawaii's original application of November 17,
2005, was incomplete as the transmittal letter from the State Governor
requesting program approval was missing. The State of Hawaii submitted
the Governor's request on February 8, 2006, in accordance with 40 CFR
745.324(d), ``Program Certification,'' certifying that the State
program meets the requirements contained in 40 CFR 745.324(e)(2)(i) and
(e)(2)(ii). Therefore, as of November 17, 2005, the State of Hawaii is
authorized to administer and enforce the lead-based paint program under
TSCA section 402, until such time as the Administrator disapproves the
application or withdraws the State's program authorization.
III. Federal Overfiling
Section 404(b) of TSCA (15 U.S.C. 2684(b)) 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.
IV. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq. as amended 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: August 3, 2006.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E6-14588 Filed 9-01-06; 8:45 am]
BILLING CODE 6560-50-S
