TSCA Sections 402(a), 402(c), and 406(b) Program Authorization Application, 35540-35543 [2014-14591]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES 35540 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices Notice of this meeting is required under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. DATES: July 11, 2014, 9:00 a.m. to 12:00 p.m. ADDRESSES: National Academy of Sciences (Lecture Room), 2101 Constitution Avenue NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Information regarding the meeting agenda, time, location, and how to register for the meeting is available on the PCAST Web site at: https:// whitehouse.gov/ostp/pcast. A live video webcast and an archive of the webcast after the event are expected to be available at https://whitehouse.gov/ostp/ pcast. The archived video will be available within one week of the meeting. Questions about the meeting should be directed to Dr. Ashley Predith by email at: apredith@ostp.eop.gov, or telephone: (202) 456–4444. Please note that public seating for this meeting is limited and is available on a first-come, first-served basis. SUPPLEMENTARY INFORMATION: The President’s Council of Advisors on Science and Technology (PCAST) is an advisory group of the nation’s leading scientists and engineers, appointed by the President to augment the science and technology advice available to him from inside the White House, cabinet departments, and other Federal agencies. See the Executive Order at https://www.whitehouse.gov/ostp/pcast. PCAST is consulted about and provides analyses and recommendations concerning a wide range of issues where understandings from the domains of science, technology, and innovation may bear on the policy choices before the President. PCAST is co-chaired by Dr. John P. Holdren, Assistant to the President for Science and Technology, and Director, Office of Science and Technology Policy, Executive Office of the President, The White House; and Dr. Eric S. Lander, President, Broad Institute of the Massachusetts Institute of Technology and Harvard. Type of Meeting: Open and Closed. Proposed Schedule and Agenda: The President’s Council of Advisors on Science and Technology (PCAST) is scheduled to meet in open session on July 11, 2014 from 9:00 a.m. to 12:00 p.m. Open Portion of Meeting: During this open meeting, PCAST is scheduled to discuss its work on antibiotic resistance and on nanotechnology. PCAST will also hear from speakers who will remark on oceans policy. Additional information and the agenda, including any changes that arise, will be posted at VerDate Mar<15>2010 17:33 Jun 20, 2014 Jkt 232001 the PCAST Web site at: https:// whitehouse.gov/ostp/pcast. Closed Portion of the Meeting: PCAST may hold a closed meeting of approximately one hour with the President on July 11, 2014, which must take place in the White House for the President’s scheduling convenience and to maintain Secret Service protection. This meeting will be closed to the public because such portion of the meeting is likely to disclose matters that are to be kept secret in the interest of national defense or foreign policy under 5 U.S.C. 552b(c)(1). Public Comments: It is the policy of the PCAST to accept written public comments of any length, and to accommodate oral public comments whenever possible. The PCAST expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. The public comment period for this meeting will take place on July 11, 2014 at a time specified in the meeting agenda posted on the PCAST Web site at https://whitehouse.gov/ostp/pcast. This public comment period is designed only for substantive commentary on PCAST’s work, not for business marketing purposes. Oral Comments: To be considered for the public speaker list at the meeting, interested parties should register to speak at https://whitehouse.gov/ostp/ pcast, no later than 12:00 p.m. Eastern Time on July 3, 2014. Phone or email reservations will not be accepted. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of up to 30 minutes. If more speakers register than there is space available on the agenda, PCAST will randomly select speakers from among those who applied. Those not selected to present oral comments may always file written comments with the committee. Speakers are requested to bring at least 25 copies of their oral comments for distribution to the PCAST members. Written Comments: Although written comments are accepted continuously, written comments should be submitted to PCAST no later than 12:00 p.m. Eastern Time on July 3, 2014 so that the comments may be made available to the PCAST members prior to this meeting for their consideration. Information regarding how to submit comments and documents to PCAST is available at https://whitehouse.gov/ostp/pcast in the section entitled ‘‘Connect with PCAST.’’ Please note that because PCAST operates under the provisions of FACA, PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 all public comments and/or presentations will be treated as public documents and will be made available for public inspection, including being posted on the PCAST Web site. Meeting Accommodations: Individuals requiring special accommodation to access this public meeting should contact Dr. Ashley Predith at least ten business days prior to the meeting so that appropriate arrangements can be made. Issued in Washington, DC, on June 17, 2014. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2014–14582 Filed 6–20–14; 8:45 am] BILLING CODE 6504–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9912–59–Region–5: EPA–R05–OPPT– 2014–0360] TSCA Sections 402(a), 402(c), and 406(b) Program Authorization Application Environmental Protection Agency (EPA). ACTION: Notice; request for comments and opportunity for public hearing. AGENCY: On May 19, 2014, the Environmental Protection Agency (EPA) determined that the Bois Forte Band of Chippewa (Bois Forte) had submitted a complete application under section 404 of the Toxic Substances Control Act (TSCA) requesting authorization to administer and enforce the requirements for TSCA sections 402(a), 402(c), and 406(b) in accordance with the provisions of TSCA for trust lands located within the exterior boundaries of the reservation. These programs ensure that: Individuals engaged in certain work that may disturb leadbased paint, including but not limited to abatement and renovation, are properly trained; that training programs are accredited; that contractors engaged in such activities are certified; that owners and occupants of target housing and/or child-occupied facilities are provided information concerning potential hazards of lead-based paint exposure before certain renovations are begun; and that the required work is performed in accordance with work practice standards. This notice announces receipt of the Bois Forte Band of Chippewa’s application and request for authorization to administer the program in lieu of the federal program. EPA has determined that the Bois Forte application is complete, and is now SUMMARY: E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices providing a 45-day public comment period and opportunity to request a public hearing. DATES: Comments, identified by docket identification (ID) number EPA–R05– OPPT–2014–0360, must be received on or before August 7, 2014. In addition, a public hearing request must be submitted on or before July 8, 2014. ADDRESSES: Comments and requests for a public hearing may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. of the SUPPLEMENTARY INFORMATION section in this notice. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA–R05–OPPT– 2014–0360 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Emma Avant, Land and Chemicals Division (LCD), Toxics Section, U.S. Environmental Protection Agency, 77 W. Jackson Boulevard, Chicago, IL 60604; telephone number: (312) 886– 7899; email address: avant.emma@ epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action is directed to the public in general. This action may, however, be specifically of interest to firms and individuals engaged in lead-based paint activities and/or renovation and remodeling activities involving pre-1978 housing on the Bois Forte Reservation. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. emcdonald on DSK67QTVN1PROD with NOTICES B. How can I get additional information, including copies of this document or other related documents? 1. Electronically. EPA has established an official record for this action under docket ID number EPA–R05–OPPT– 2014–0360. The official record consists of the documents specifically referenced in this action, this notice, the Bois Forte TSCA program authorization application, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business information (CBI). All documents in the official record are listed in the docket index available VerDate Mar<15>2010 17:33 Jun 20, 2014 Jkt 232001 at https://www.regulations.gov. 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 at https://www.regulations.gov, or, if only available in hard copy, at the address listed below. 2. In person: You may view this document and related documents by visiting the Bois Forte Tribal Government Environmental Services Office, 5344 Lakeshore Drive, P.O. Box 16, Nett Lake, Minnesota 55772, contact telephone number (218) 757–3543, or EPA Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 60604, contact telephone number (312) 886–7899. C. How and to whom do I submit comments? You may submit comments through the mail, in person, or electronically. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA–R05–OPPT–2014–0360 in the subject line on the first page of your response. 1. By mail: Submit your comments and hearing requests to: Emma Avant, LCD, Toxics Section, U.S. Environmental Protection Agency, 77 W. Jackson Boulevard, Chicago, IL 60604. 2. By person or courier: Deliver your comments and hearing requests to: EPA Region 5, LCD, Toxics Section, 77 W. Jackson Blvd., Chicago, IL 60604. The Regional office is open from 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. The telephone number for the regional office is (312) 886–6003. 3. Electronically: You may submit your comments and hearing requests electronically by email to: avant.emma@ epa.gov or through https:// www.regulations.gov, or mail your computer disk to the address identified above. Do not submit any information electronically that you consider to be CBI. Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on standard disks in Microsoft Word or ASCII file format. D. How should I handle CBI information that I want to submit to the agency? You may claim information that you submit to EPA in response to this document as CBI by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 35541 procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public version of the official record. Information not marked confidential will be included in the public version of the official record without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified under FOR FURTHER INFORMATION CONTACT. E. 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. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, 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. II. Background A. What action is the agency taking? On July 14, 2010, the Bois Forte Band of Chippewa (Bois Forte or the Tribe), located in St. Louis and Koochiching Counties in Northern Minnesota, submitted an application under section 404 of TSCA requesting authorization to administer and enforce requirements for: Lead-based paint activities (such as abatement) in accordance with section 402(a) of TSCA; renovation, repair and painting (referred to as ‘‘RRP’’), in accordance with section 402(c) of TSCA; and pre-renovation education in accordance with section 406(b) of TSCA. These programs contain procedures and requirements for the accreditation of lead-based paint activities and RRP training programs, procedures and requirements for the certification of individuals and firms E:\FR\FM\23JNN1.SGM 23JNN1 emcdonald on DSK67QTVN1PROD with NOTICES 35542 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices engaged in lead-based paint activities or RRP activities, and work practice standards for performing such activities, and ensure that owners and occupants of target housing are provided information concerning potential hazards of lead-based paint exposure before certain lead-based paint activities or RRP activities are begun. Subsequently, Bois Forte supplemented the application on August 30, 2010, September 23, 2011, January 31, 2012, February 23, 2012, and July 13, 2013. After reviewing all the application materials, EPA now considers the Tribe’s application to be complete. The Tribe’s application requests authorization to administer and enforce these requirements on lands held in trust for the Tribe within the reservation boundaries. The Tribe has not, at this time, requested authorization to administer and enforce these programs on non-member owned fee lands within the reservation boundaries. If EPA authorizes the Tribal program, EPA will continue to administer and enforce the requirements on non-member owned fee lands within the reservation boundaries. The Tribe may, however, apply to administer and enforce these requirements for all lands located within the exterior boundaries of the reservation at some future time, but must meet all statutory and regulatory requirements under section 404(b) of TSCA, 15 U.S.C. 2684(b) and 40 CFR part 745 subpart Q. The Bois Forte Reservation includes five land areas, four of which currently include lands held in trust for the Tribe. The Lake Vermillion land area, approximately 2803 acres located near the town of Tower, Minnesota, and the Sugar Bush and Indian Point land areas, approximately 83 acres and 60 acres, respectively, both located near the town of Orr, Minnesota, consist entirely of trust land for which the Tribe will administer and enforce the program. The Nett Lake land area, comprising of 103,000 acres surrounding Nett Lake, and the vast majority of the Bois Forte Reservation land and members, includes both trust land, where the Tribe will administer and enforce the program, and non-member owned fee land, where the Tribe will not. The Deer Creek land area, approximately 23,000 acres currently includes no trust lands; at this time the Tribe will not administer the program on the Deer Creek land area. There are a total of approximately 100 pre-1978 housing properties on trust lands where the Tribe will administer and enforce the program. Because the program addresses lead-based paint found in housing constructed prior to 1978, the only scenarios under which VerDate Mar<15>2010 17:33 Jun 20, 2014 Jkt 232001 additional housing will come into the universe of regulated properties are: (1) Pre-1978 housing is moved onto trust land, and (2) new lands are placed into trust upon which pre-1978 housing exists. The Tribe’s proposed program includes one provision for which the Tribal program is more stringent than the federal program. The Tribe’s definition of ‘‘target housing’’ includes all buildings on Tribal trust lands. The federal program only applies to ‘‘target housing,’’ as defined by section 401(17) of TSCA, 15 U.S.C. 2681, which includes housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. As noted below in Section IV of this notice, if approved, EPA may exercise its enforcement authority under TSCA against a violation of, or a failure or refusal to comply with, any requirement of the Bois Forte Lead Program that is consistent with federal program requirements. Therefore, if approved, EPA will not enforce the Bois Forte Lead Program for violations arising at buildings not included in the federal definition of ‘‘target housing.’’ In order for EPA to authorize the Bois Forte program, it must determine that the application includes information sufficient for EPA to find Bois Forte eligible for treatment in the same manner as a state (TAS). For the TSCA lead program, TAS requirements are found in 40 CFR 745.324(b)(4), and include, among other things, that the tribe is recognized by the Secretary of the Interior; has an existing government exercising substantial governmental duties and powers; has adequate civil regulatory jurisdiction over the subject matter and entities regulated; and is reasonably expected to be capable of administering the federal program for which it is seeking authorization. In determining that the Tribe’s application is complete, EPA believes that the Tribe has demonstrated that it can meet each of these requirements for TAS under this program. Pursuant to section 404(b) of TSCA, 15 U.S.C. 2684(b) and 40 CFR part 745, subpart Q, EPA provides notice and an opportunity for a public hearing on a state or tribal program application before approving the program. Therefore, by this notice EPA is soliciting public comment on whether the Bois Forte application meets the requirements for EPA approval. This notice also provides an opportunity to request a public hearing on the PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 application. If a hearing is requested, EPA will issue a Federal Register notice announcing the date, time and place of the hearing and EPA’s final decision on the application will also then 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. In the Federal Register of August 29, 1996 (61 FR 45813) (FRL–5389–9), April 22, 2008 (73 FR 21758) (FRL–8355–7), and June 1, 1998 (63 FR 29908) (FR–5751–7), respectively, EPA promulgated final TSCA section 402(a), 402(c), and 406(b) regulations governing lead-based paint activities (abatement) training, certification and work practice standards; renovation, repair and painting (RRP) training, certification and work practice standards; and prerenovation education (PRE) requirements in target housing and/or child-occupied facilities. These programs establish requirements for training individuals conducting leadbased paint activities and RRP activities; accrediting lead-based paint activities and RRP activities training providers; and for lead-based paint activities and RRP work practices. The program also ensures that owners and occupants of target housing and child-occupied facilities are provided information concerning potential hazards of leadbased paint exposure before certain renovations are conducted. 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 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. Under section 404 of TSCA, 15 U.S.C. 2684, a state or tribe may seek authorization from EPA to administer and enforce its own lead-based paint activities, RRP and/or pre-renovation education program in lieu of the federal program. The regulations governing the authorization of a state or tribal program under both sections 402 and 406 of TSCA are codified at 40 CFR part 745, E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices fail or refuse to comply with, any requirement of an approved state or tribal program. Therefore, if EPA approves the Bois Forte Lead Program application, 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 the Bois Forte Lead Program to the extent that such requirement is consistent with federal law. III. Tribal Program Description Summary The following is the Tribe’s proposed TSCA Lead-Based Paint program summary, which the Bois Forte Tribe prepared as a required part of its application: emcdonald on DSK67QTVN1PROD with NOTICES subpart Q. A state or tribe that chooses 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 under section 404(b) of TSCA, 15 U.S.C. 2684(b). EPA’s regulations at 40 CFR part 745, subpart Q provide the detailed requirements a state or tribal program must meet in order to obtain EPA approval. Dated: June 10, 2014. Susan Hedman, Regional Administrator, Region 5. The Bois Forte has adopted by Resolution # 6–2011, the ordinance entitled Bois Forte Lead Program in order to provide clear and specific authority and guidance for regulating renovation requirements, and pre-renovation notification requirements and lead-based paint activities, including assessment, inspection, and abatement of lead-based paint on the Bois Forte Reservation. Penalties for non-compliance are established. The ordinance targets all buildings located on the Bois Forte Reservation. The ordinance is designed to be at least as protective as the federal law and provide for adequate enforcement of all provisions through a schedule of flexible remedies. This is accomplished through a combination of Tribe-specific requirements (training accreditation) that are identical to the federal regulations and through incorporation by reference of other required federal elements (certification of individuals, pre-renovation notification activities, renovation, and definitions of lead-based paint hazards). Also incorporated by reference are the federal definitions with the notable expansion of the definition of target housing to include all reservation buildings. The ordinance contains enforcement and compliance requirements consisting of a schedule of flexible remedies and an appeals process. The Bois Forte Reservation Lead Program request for federal delegation of authority is a natural application of tribal sovereign power over environmental regulatory activities on the Tribe’s lands for the health, welfare, and safety of community members. EPA believes that the Tribe’s program description, above, together with the rest of the application, demonstrates adequate civil regulatory jurisdiction over the matter and entities regulated. IV. Federal Overfilling Section 404(b) of TSCA makes it unlawful for any person to violate, or VerDate Mar<15>2010 17:33 Jun 20, 2014 Jkt 232001 List of Subjects Environmental Protection, Hazardous Substances, Lead, Renovation Notification, Reporting and Recordkeeping requirements. [FR Doc. 2014–14591 Filed 6–20–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R09–OAR–2012–0634; FRL–9912–72– Region–9] Notice of Decision To Issue Clean Air Act PSD Permit for Sierra Pacific Industries-Anderson Division Environmental Protection Agency (EPA). ACTION: Notice of final agency action. AGENCY: This notice announces that the Environmental Protection Agency (EPA) Region 9 issued a final permit decision for a Clean Air Act Prevention of Significant Deterioration (PSD) permit to Sierra Pacific Industries for the Sierra Pacific Industries-Anderson Division (SPI-Anderson) facility. DATES: EPA Region 9 issued a final PSD permit decision for the SPI-Anderson facility April 25, 2014. The PSD permit is effective on June 6, 2014. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this final permit decision, to the extent it is available, may be sought by filing a petition for review in the United States Court of Appeals for the Ninth Circuit within 60 days of June 23, 2014. ADDRESSES: Documents relevant to the above-referenced permit are available for public inspection during normal business hours at the following address: U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105–3901. To arrange for viewing of these documents, call Shaheerah Kelly at (415) 947–4156. FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, Permits Office (Air-3), SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 35543 U.S. Environmental Protection Agency, Region 9, (415) 947–4156, kelly.shaheerah@epa.gov. Key portions of the administrative record for this decision (including the final permit, all public comments, EPA’s responses to the public comments, and additional supporting information) are available through a link at Region 9’s Web site, www.epa.gov/region09/air/permit/r9permits-issued.html#psd, or at www.regulations.gov (Docket ID #EPA– R09–OAR–2011–0978). Anyone who wishes to review the EPA Environmental Appeals Board (EAB or Board) decision described below or documents in the EAB’s electronic docket for its decision related to this matter can obtain them at https:// www.epa.gov/eab/. Notice Of Final Action And Supplementary Information: On April 25, 2014, EPA Region 9 issued its final permit decision (PSD Permit No. SAC 12–01) to SPI authorizing the construction and operation of a new 31 megawatt biomass and natural gas-fired cogeneration unit and auxiliary equipment at the SPI-Anderson facility in Anderson, California. EPA Region 9 had issued a previous decision regarding this project, on February 19, 2013. After petitions for review of that decision were filed with the EAB, the Board remanded the permit to EPA Region 9 in part and directed EPA Region 9 to reopen the permit proceedings to hold a public hearing, issue a final permit decision and respond to any new comments received during the hearing. See, In re Sierra Pacific Industries (Anderson Processing Facility), PSD Appeal Nos. 13–01 to 13– 04, slip op. at 67 (EAB July 18, 2013). The EAB denied review of all other issues. Following these events, we revised the PSD permit by including GHG emission limits and related requirements, as requested by SPI. Following the U.S. Court of Appeals for the District of Columbia vacatur of EPA’s deferral of biogenic carbon dioxide emissions from PSD requirements, see, Ctr. for Biological Diversity v. EPA, 722 F.3d 401 (D.C. Cir. 2013), in August 2013, SPI-Anderson submitted to EPA a supplemental PSD application for GHG emissions. EPA Region 9 revised the PSD permit to include GHG emission limits and related requirements; we also revised certain other conditions (primarily related to monitoring, performance testing, and recordkeeping) to address minor technical issues we had identified since February 2013. We provided notice of public comment of the proposed PSD permit and a public E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Notices]
[Pages 35540-35543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14591]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9912-59-Region-5: EPA-R05-OPPT-2014-0360]


TSCA Sections 402(a), 402(c), and 406(b) Program Authorization 
Application

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On May 19, 2014, the Environmental Protection Agency (EPA) 
determined that the Bois Forte Band of Chippewa (Bois Forte) had 
submitted a complete application under section 404 of the Toxic 
Substances Control Act (TSCA) requesting authorization to administer 
and enforce the requirements for TSCA sections 402(a), 402(c), and 
406(b) in accordance with the provisions of TSCA for trust lands 
located within the exterior boundaries of the reservation. These 
programs ensure that: Individuals engaged in certain work that may 
disturb lead-based paint, including but not limited to abatement and 
renovation, are properly trained; that training programs are 
accredited; that contractors engaged in such activities are certified; 
that owners and occupants of target housing and/or child-occupied 
facilities are provided information concerning potential hazards of 
lead-based paint exposure before certain renovations are begun; and 
that the required work is performed in accordance with work practice 
standards. This notice announces receipt of the Bois Forte Band of 
Chippewa's application and request for authorization to administer the 
program in lieu of the federal program. EPA has determined that the 
Bois Forte application is complete, and is now

[[Page 35541]]

providing a 45-day public comment period and opportunity to request a 
public hearing.

DATES: Comments, identified by docket identification (ID) number EPA-
R05-OPPT-2014-0360, must be received on or before August 7, 2014. In 
addition, a public hearing request must be submitted on or before July 
8, 2014.

ADDRESSES: Comments and requests for a public hearing may be submitted 
by mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Unit I. of the 
SUPPLEMENTARY INFORMATION section in this notice. To ensure proper 
receipt by EPA, it is imperative that you identify docket ID number 
EPA-R05-OPPT-2014-0360 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Emma Avant, Land and Chemicals 
Division (LCD), Toxics Section, U.S. Environmental Protection Agency, 
77 W. Jackson Boulevard, Chicago, IL 60604; telephone number: (312) 
886-7899; email address: avant.emma@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may, 
however, be specifically of interest to firms and individuals engaged 
in lead-based paint activities and/or renovation and remodeling 
activities involving pre-1978 housing on the Bois Forte Reservation. 
Since other entities may also be interested, the Agency has not 
attempted to describe all the specific entities that may be affected by 
this action. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How can I get additional information, including copies of this 
document or other related documents?

    1. Electronically. EPA has established an official record for this 
action under docket ID number EPA-R05-OPPT-2014-0360. The official 
record consists of the documents specifically referenced in this 
action, this notice, the Bois Forte TSCA program authorization 
application, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business information (CBI).
    All documents in the official record are listed in the docket index 
available at https://www.regulations.gov. 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 at https://www.regulations.gov, or, if only available in 
hard copy, at the address listed below.
    2. In person: You may view this document and related documents by 
visiting the Bois Forte Tribal Government Environmental Services 
Office, 5344 Lakeshore Drive, P.O. Box 16, Nett Lake, Minnesota 55772, 
contact telephone number (218) 757-3543, or EPA Region 5, 77 W. Jackson 
Boulevard, Chicago, Illinois 60604, contact telephone number (312) 886-
7899.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number EPA-R05-OPPT-2014-0360 in the subject 
line on the first page of your response.
    1. By mail: Submit your comments and hearing requests to: Emma 
Avant, LCD, Toxics Section, U.S. Environmental Protection Agency, 77 W. 
Jackson Boulevard, Chicago, IL 60604.
    2. By person or courier: Deliver your comments and hearing requests 
to: EPA Region 5, LCD, Toxics Section, 77 W. Jackson Blvd., Chicago, IL 
60604. The Regional office is open from 8 a.m. to 5 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
regional office is (312) 886-6003.
    3. Electronically: You may submit your comments and hearing 
requests electronically by email to: avant.emma@epa.gov or through 
https://www.regulations.gov, or mail your computer disk to the address 
identified above. Do not submit any information electronically that you 
consider to be CBI. Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments and data will also be accepted on standard disks in Microsoft 
Word or ASCII file format.

D. How should I handle CBI information that I want to submit to the 
agency?

    You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. 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. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, 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.

II. Background

A. What action is the agency taking?

    On July 14, 2010, the Bois Forte Band of Chippewa (Bois Forte or 
the Tribe), located in St. Louis and Koochiching Counties in Northern 
Minnesota, submitted an application under section 404 of TSCA 
requesting authorization to administer and enforce requirements for: 
Lead-based paint activities (such as abatement) in accordance with 
section 402(a) of TSCA; renovation, repair and painting (referred to as 
``RRP''), in accordance with section 402(c) of TSCA; and pre-renovation 
education in accordance with section 406(b) of TSCA. These programs 
contain procedures and requirements for the accreditation of lead-based 
paint activities and RRP training programs, procedures and requirements 
for the certification of individuals and firms

[[Page 35542]]

engaged in lead-based paint activities or RRP activities, and work 
practice standards for performing such activities, and ensure that 
owners and occupants of target housing are provided information 
concerning potential hazards of lead-based paint exposure before 
certain lead-based paint activities or RRP activities are begun. 
Subsequently, Bois Forte supplemented the application on August 30, 
2010, September 23, 2011, January 31, 2012, February 23, 2012, and July 
13, 2013. After reviewing all the application materials, EPA now 
considers the Tribe's application to be complete.
    The Tribe's application requests authorization to administer and 
enforce these requirements on lands held in trust for the Tribe within 
the reservation boundaries. The Tribe has not, at this time, requested 
authorization to administer and enforce these programs on non-member 
owned fee lands within the reservation boundaries. If EPA authorizes 
the Tribal program, EPA will continue to administer and enforce the 
requirements on non-member owned fee lands within the reservation 
boundaries. The Tribe may, however, apply to administer and enforce 
these requirements for all lands located within the exterior boundaries 
of the reservation at some future time, but must meet all statutory and 
regulatory requirements under section 404(b) of TSCA, 15 U.S.C. 2684(b) 
and 40 CFR part 745 subpart Q.
    The Bois Forte Reservation includes five land areas, four of which 
currently include lands held in trust for the Tribe. The Lake 
Vermillion land area, approximately 2803 acres located near the town of 
Tower, Minnesota, and the Sugar Bush and Indian Point land areas, 
approximately 83 acres and 60 acres, respectively, both located near 
the town of Orr, Minnesota, consist entirely of trust land for which 
the Tribe will administer and enforce the program. The Nett Lake land 
area, comprising of 103,000 acres surrounding Nett Lake, and the vast 
majority of the Bois Forte Reservation land and members, includes both 
trust land, where the Tribe will administer and enforce the program, 
and non-member owned fee land, where the Tribe will not. The Deer Creek 
land area, approximately 23,000 acres currently includes no trust 
lands; at this time the Tribe will not administer the program on the 
Deer Creek land area. There are a total of approximately 100 pre-1978 
housing properties on trust lands where the Tribe will administer and 
enforce the program. Because the program addresses lead-based paint 
found in housing constructed prior to 1978, the only scenarios under 
which additional housing will come into the universe of regulated 
properties are: (1) Pre-1978 housing is moved onto trust land, and (2) 
new lands are placed into trust upon which pre-1978 housing exists.
    The Tribe's proposed program includes one provision for which the 
Tribal program is more stringent than the federal program. The Tribe's 
definition of ``target housing'' includes all buildings on Tribal trust 
lands. The federal program only applies to ``target housing,'' as 
defined by section 401(17) of TSCA, 15 U.S.C. 2681, which includes 
housing constructed prior to 1978, except housing for the elderly or 
persons with disabilities (unless any child who is less than 6 years of 
age resides or is expected to reside in such housing for the elderly or 
persons with disabilities) or any zero-bedroom dwelling. As noted below 
in Section IV of this notice, if approved, EPA may exercise its 
enforcement authority under TSCA against a violation of, or a failure 
or refusal to comply with, any requirement of the Bois Forte Lead 
Program that is consistent with federal program requirements. 
Therefore, if approved, EPA will not enforce the Bois Forte Lead 
Program for violations arising at buildings not included in the federal 
definition of ``target housing.''
    In order for EPA to authorize the Bois Forte program, it must 
determine that the application includes information sufficient for EPA 
to find Bois Forte eligible for treatment in the same manner as a state 
(TAS). For the TSCA lead program, TAS requirements are found in 40 CFR 
745.324(b)(4), and include, among other things, that the tribe is 
recognized by the Secretary of the Interior; has an existing government 
exercising substantial governmental duties and powers; has adequate 
civil regulatory jurisdiction over the subject matter and entities 
regulated; and is reasonably expected to be capable of administering 
the federal program for which it is seeking authorization. In 
determining that the Tribe's application is complete, EPA believes that 
the Tribe has demonstrated that it can meet each of these requirements 
for TAS under this program.
    Pursuant to section 404(b) of TSCA, 15 U.S.C. 2684(b) and 40 CFR 
part 745, subpart Q, EPA provides notice and an opportunity for a 
public hearing on a state or tribal program application before 
approving the program. Therefore, by this notice EPA is soliciting 
public comment on whether the Bois Forte 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, EPA will issue a Federal Register notice announcing the 
date, time and place of the hearing and EPA's final decision on the 
application will also then 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. In the Federal Register 
of August 29, 1996 (61 FR 45813) (FRL-5389-9), April 22, 2008 (73 FR 
21758) (FRL-8355-7), and June 1, 1998 (63 FR 29908) (FR-5751-7), 
respectively, EPA promulgated final TSCA section 402(a), 402(c), and 
406(b) regulations governing lead-based paint activities (abatement) 
training, certification and work practice standards; renovation, repair 
and painting (RRP) training, certification and work practice standards; 
and pre-renovation education (PRE) requirements in target housing and/
or child-occupied facilities. These programs establish requirements for 
training individuals conducting lead-based paint activities and RRP 
activities; accrediting lead-based paint activities and RRP activities 
training providers; and for lead-based paint activities and RRP work 
practices. The program also ensures that owners and occupants of target 
housing and child-occupied facilities are provided information 
concerning potential hazards of lead-based paint exposure before 
certain renovations are conducted. 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 
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. Under section 
404 of TSCA, 15 U.S.C. 2684, a state or tribe may seek authorization 
from EPA to administer and enforce its own lead-based paint activities, 
RRP and/or pre-renovation education program in lieu of the federal 
program. The regulations governing the authorization of a state or 
tribal program under both sections 402 and 406 of TSCA are codified at 
40 CFR part 745,

[[Page 35543]]

subpart Q. A state or tribe that chooses 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 under section 404(b) of 
TSCA, 15 U.S.C. 2684(b). EPA's regulations at 40 CFR part 745, subpart 
Q provide the detailed requirements a state or tribal program must meet 
in order to obtain EPA approval.

III. Tribal Program Description Summary

    The following is the Tribe's proposed TSCA Lead-Based Paint program 
summary, which the Bois Forte Tribe prepared as a required part of its 
application:

    The Bois Forte has adopted by Resolution  6-2011, the 
ordinance entitled Bois Forte Lead Program in order to provide clear 
and specific authority and guidance for regulating renovation 
requirements, and pre-renovation notification requirements and lead-
based paint activities, including assessment, inspection, and 
abatement of lead-based paint on the Bois Forte Reservation. 
Penalties for non-compliance are established. The ordinance targets 
all buildings located on the Bois Forte Reservation.
    The ordinance is designed to be at least as protective as the 
federal law and provide for adequate enforcement of all provisions 
through a schedule of flexible remedies. This is accomplished 
through a combination of Tribe-specific requirements (training 
accreditation) that are identical to the federal regulations and 
through incorporation by reference of other required federal 
elements (certification of individuals, pre-renovation notification 
activities, renovation, and definitions of lead-based paint 
hazards). Also incorporated by reference are the federal definitions 
with the notable expansion of the definition of target housing to 
include all reservation buildings.
    The ordinance contains enforcement and compliance requirements 
consisting of a schedule of flexible remedies and an appeals 
process.
    The Bois Forte Reservation Lead Program request for federal 
delegation of authority is a natural application of tribal sovereign 
power over environmental regulatory activities on the Tribe's lands 
for the health, welfare, and safety of community members.

EPA believes that the Tribe's program description, above, together 
with the rest of the application, demonstrates adequate civil 
regulatory jurisdiction over the matter and entities regulated.

IV. Federal Overfilling

    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, if EPA approves the Bois Forte Lead 
Program application, 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 the Bois Forte Lead Program to the 
extent that such requirement is consistent with federal law.

List of Subjects

    Environmental Protection, Hazardous Substances, Lead, Renovation 
Notification, Reporting and Recordkeeping requirements.

    Dated: June 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-14591 Filed 6-20-14; 8:45 am]
BILLING CODE 6560-50-P
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