[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Rules and Regulations]
[Pages 55547-55548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27840]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 745
[OPPTS-62158B; FRL-6040-1]
RIN 2070-AD11
Lead; Fees for Accreditation of Training Programs and
Certification of Lead-based Paint Activities Contractors; Withdrawal of
Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; withdrawal.
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SUMMARY: Due to receipt of adverse comments, EPA is withdrawing a final
rule published in the Federal Register of September 2, 1998, that would
have established fees for accreditation of training programs and
certification of lead-based paint activities contractors under the
authority of section 402(a)(3) of the Toxics Substances Control Act.
DATES: The final rule published September 2, 1998 (63 FR 46668) is
withdrawn as of October 16, 1998.
FOR FURTHER INFORMATION CONTACT: Mike Wilson, National Program
Chemicals Division (Mail Code 7404), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460; telephone number: (202) 260-4664;
fax number: (202) 260-0770 or by e-mail: wilson.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of September 2, 1998 (63 FR 46668) (FRL-
6017-8), EPA issued a final rule under Title IV of the Toxic Substances
Control Act (TSCA) (15 U.S.C. 2683, 2682, and 2684). Section 402(a)(3)
of TSCA directs EPA to promulgate regulations which establish fees to
recover for the U.S. Treasury the Agency's cost of administering and
enforcing the standards and requirements applicable to lead-based paint
training programs and contractors engaged in lead-based paint
activities.
EPA published the action as a final rule without prior notice and
[[Page 55548]]
opportunity to comment because the Agency believed that providing
notice and an opportunity to comment was unnecessary and contrary to
the public interest. Therefore, the Agency applied the ``good cause''
exemption in the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B) that allows agencies in limited circumstances to issue
final rules without first providing notice and an opportunity for
comment. While not required to do so under the APA, EPA delayed the
effective date until October 19, 1998, providing a 30-day public
comment period. EPA stated that if significant adverse comment was
received, the Agency would withdraw the rule prior to the effective
date and the comments would be addressed in a subsequent final rule.
EPA simultaneously issued a companion proposed rule in the Federal
Register (63 FR 46734) (FRL-6017-7) to ensure that the public was aware
of its opportunity to comment, and to provide the APA-required proposal
in the event that significant adverse comment was received and issuance
of a subsequent final rule was necessary.
The comment period ended on October 2, 1998. The Agency has
determined that significant adverse comments were received and is today
issuing a withdrawal of the final rule. A subsequent final rule will be
issued prior to February 28, 1999, which will address comments received
during the comment period. EPA will not institute a second comment
period for this action.
II. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
This action does not impose any requirements. As such, this action
does not require review by the Office of Management and Budget (OMB)
under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993), the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). For the same reason, it does not
require any action under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Pub. L. 104-4), or Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994). In addition, since this type of action does not require any
proposal, no action is needed under the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.).
B. Executive Order 12875
Under Executive Order 12875, entitled ``Enhancing Intergovernmental
Partnerships'' (58 FR 58093, October 28, 1993), EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide to OMB a description of the extent of EPA's prior consultation
with representatives of affected State, local and Tribal governments,
the nature of their concerns, copies of any written communications from
the governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local and Tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's action does not create an unfunded Federal mandate on
State, local or Tribal governments. The action does not impose any
enforceable duties on these entities. Accordingly, the requirements of
section 1(a) of Executive Order 12875 do not apply to this action.
C. Executive Order 13084
Under Executive Order 13084, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (63 FR 27655, May 19,
1998), EPA may not issue a regulation that is not required by statute,
that significantly or uniquely affects the communities of Indian tribal
governments, and that imposes substantial direct compliance costs on
those communities, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by the Tribal
governments. If the mandate is unfunded, EPA must provide OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected Tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
Today's action does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this action.
III. 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 a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 745
Environmental protection, Hazardous substances, Lead-based paint,
Lead poisoning, Reporting and recordkeeping requirements.
Dated: October 13, 1998.
Susan A. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 98-27840 Filed 10-15-98; 8:45 am]
BILLING CODE 6560-50-F
