Hazard Education before Renovation of Target Housing; State of Utah Authorization Application, 58846-58849 [E7-20446]
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58846
Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices
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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. The Agency 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. What Action is the Agency Taking?
EPA requests public comment during
the next 60 days on a petition (available
in docket number EPA–HQ–OPP–2007–
1005) received from the NRDC and
PANNA requesting that the Agency
revoke all tolerances (maximum legal
residue limits) and cancel all
registrations for the pesticide
chlorpyrifos. The petitioners, NRDC and
PANNA, claim that EPA cannot make a
finding that there is a reasonable
certainty of no harm from dietary
residues of chlorpyrifos and, therefore,
that the Agency must revoke all
tolerances established under section 408
of the FFDCA, as amended by the
FQPA. As a part of their petition, NRDC
and PANNA claim that the Agency did
not consider the full spectrum of
potential health effects associated with
chlorpyrifos in connection with EPA’s
reassessment of the existing chlorpyrifos
tolerances, including:
1. Evidence showing the potential for
a greater than 10-fold difference in
susceptibility to chlorpyrifos across
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human populations and, in particular,
evidence of greater susceptibility in
early life stages than EPA estimated;
2. The endocrine disrupting effects of
the chemical, or
3. Evidence of cancer risk data as
indicated from a National Institutes of
Health study.
The petition further asserts that EPA’s
evaluation of chlorpyrifos in the
organophosphate cumulative risk
assessment (CRA) misrepresented the
risks of chlorpyrifos and that EPA failed
to incorporate inhalation routes of
exposure to chlorpyrifos in conducting
its assessment. EPA’s human health
assessment of chlorpyrifos and findings
on whether the tolerances for
chlorpyrifos comply with the safety
standard in FFDCA Section 408, as
amended by the FQPA, are contained in
the Interim Reregistration Eligibility
Decision document for chlorpyrifos and
the organophosphate CRA, which are
available on EPA’s pesticide webpage at
https://www.epa.gov/pesticides/
reregistration/status.htm and https://
www.epa.gov/pesticides/cumulative/
2006-op/index.htm. Docket materials for
this pesticide are available in the
electronic docket at https://
www.regulations.gov; risk assessment
and related documents for this pesticide
have been removed to Special Docket
EPA–HQ–OPP–2007–0151.
List of Subjects
Environmental protection, Pesticides
and pests, Chlorpyrifos, National
Resources Defense Council, Pesticide
Action Network North America.
Dated: October 9, 2007.
Steven Bradbury,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E7–20442 Filed 10–16–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
9622(i), notice is hereby given of a
proposed administrative settlement for
recovery of past response costs
concerning the Buckley Drive Waterline
Superfund Site in Bennington, Vermont.
The settlement requires the settling
parties to pay $740,000.00 to the
Hazardous Substance Superfund. The
settlement includes a covenant not to
sue the settling parties pursuant to
Section 107(a) of CERCLA, 42 U.S.C.
9606 and 9607. For thirty (30) days
following the date of publication of this
notice, the Agency will receive written
comments relating to the settlement.
The Agency will consider all comments
received and may modify or withdraw
its consent to the settlement if
comments received disclose facts or
considerations which indicate that the
settlement is inappropriate, improper,
or inadequate.
The Agency’s response to any
comments received will be available for
public inspection at One Congress
Street, Boston, MA 02114–2023.
DATES: Comments must be submitted on
or before November 16, 2007.
ADDRESSES: Comments should be
addressed to the Regional Hearing Clerk,
U.S. Environmental Protection Agency,
Region I, One Congress Street, Suite
1100, Mailcode RAA, Boston,
Massachusetts 02114–2023 and should
refer to: In re: Buckley Drive Waterline
Superfund Site, U.S. EPA Docket No.
01–2007–160.
FOR FURTHER INFORMATION CONTACT: A
copy of the proposed settlement may be
obtained from Mary Jane O’Donnell,
U.S. Environmental Protection Agency,
Region I, Office of Site Remediation &
Restoration, One Congress Street, Suite
1100, Mailcode HBT, Boston, MA
02114–2023.
Dated: September 25, 2007.
James T. Owens III,
Director, Office of Site Remediation &
Restoration.
[FR Doc. E7–20437 Filed 10–16–07; 8:45 am]
BILLING CODE 6560–50–P
[FRL–8483–6]
Proposed CERCLA Administrative
Cost Recovery Settlement; Company,
Inc., Buckley Drive Waterline
Superfund Site, Bennington, VT
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed settlement;
request for public comment.
Hazard Education before Renovation
of Target Housing; State of Utah
Authorization Application
AGENCY:
SUMMARY: In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (‘‘CERCLA’’), 42 U.S.C.
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[EPA–HQ–OPPT–2007–0698; FRL–8146–1]
Environmental Protection
Agency (EPA).
ACTION: Notice; request for comments
and opportunity for public hearing.
AGENCY:
SUMMARY: On October 13, 2006, EPA
received an application from the State of
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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: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 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 (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–
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 https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
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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 throughhttps://
www.regulations.gov, or e-mail.
Thehttps://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
throughhttps://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: https://
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 tohttps://
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
athttps://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
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
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58847
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: (303) 312–6966; e-mail
address:hasty.amanda@epa.gov.
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 https://
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
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Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices
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
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A. What Action is the Agency Taking?
The State of Utah has provided a selfcertification letter stating that its prerenovation 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.
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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
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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
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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
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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.
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58849
Dated: September 17, 2007.
Kerrigan G. Clough,
Region 8, Acting Administrator.
[FR Doc. E7–20446 Filed 10–16–07; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
[DA 07–4132]
Consumer Advisory Committee
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Commission announces
the next meeting date and agenda of its
Consumer Advisory Committee
(‘‘Committee’’). The purpose of the
Committee is to make recommendations
to the Commission regarding consumer
issues within the jurisdiction of the
Commission and to facilitate the
participation of all consumers in
proceedings before the Commission.
DATES: The next meeting of the
Committee will take place on Friday,
November 2, 2007, 9 a.m. to 4 p.m.
ADDRESSES: Federal Communications
Commission, 445 12th Street, NW.,
Room TW–C305, Washington, DC
20554.
FOR FURTHER INFORMATION CONTACT:
Scott Marshall, Consumer &
Governmental Affairs Bureau, (202)
418–2809 (voice), (202) 418–0179
(TTY), or e-mail scott.marshal@fcc.gov.
SUPPLEMENTARY INFORMATION: On
October 10, 2007, the Commission
released document DA 07–4132, which
announced the agenda, date and time of
the next Consumer Advisory Committee
meeting. At its November 2, 2007
meeting, the Committee will continue
its consideration of digital television
(DTV) outreach including a
demonstration of converter box
technology. The Committee will also
consider other consumer issues within
the jurisdiction of the Commission. A
limited amount of time on the agenda
will be available for oral comments from
the public.
The Committee is organized under
and operates in accordance with the
provisions of the Federal Advisory
Committee Act, 5 U.S.C. App. 2 (1988).
The meeting is open to the public.
Members of the public may address the
Committee or may send written
comments to: Scott Marshall,
Designated Federal Officer of the
Committee, at the address indicated on
the first page of this document. The
meeting site is accessible to people with
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]]>Agencies
[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58846-58849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20446]
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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
[[Page 58847]]
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: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 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 (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-
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 https://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 throughhttps://
www.regulations.gov, or e-mail. Thehttps://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 throughhttps://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: https://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
tohttps://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 athttps://
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 (202) 566-1744, and the
telephone number for the OPPT Docket is (202) 566-0280. 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: (303) 312-6966; e-mail
address:hasty.amanda@epa.gov.
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
https://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
[[Page 58848]]
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
[[Page 58849]]
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]
BILLING CODE 6560-50-S
