[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Notices]
[Pages 53416-53417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26629]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-OH-A; FRL-6030-7]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Authorization of the Ohio Department of Health's Lead-Based
Paint Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval of the Ohio Department of Health's lead-
based paint activities program.
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SUMMARY: On April 13, 1998, the State of Ohio submitted an application
for EPA approval to administer and enforce training and certification
requirements, training program accreditation requirements, and work
practice standards for lead-based paint activities in target housing
and child-occupied facilities under section 404 of the Toxic Substances
Control Act (TSCA). Today's notice announces the approval of Ohio's
application, and the authorization of the Ohio Department of Health's
lead-based paint program to apply in the State of Ohio effective
October 1, 1998, in lieu of the corresponding Federal program under
section 402 of TSCA.
DATES: Lead-based paint activities program authorization was granted to
the State of Ohio effective on October 1, 1998.
FOR FURTHER INFORMATION CONTACT: David Turpin, Regional Lead
Coordinator, Environmental Protection Agency, Region V, DT-8J, 77 West
Jackson Blvd., Chicago, IL 60604. Telephone: (312) 886-7836, e-mail
address: turpin.david@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to Title IV of TSCA, Lead Exposure Reduction, 15 U.S.C.
2681-2692, and regulations promulgated thereunder, States and Tribes
that choose to apply for lead-based paint activities program
authorization must submit a complete application to the appropriate
Regional EPA office for review. Complete, final applications will be
subject to a public comment period, and reviewed by EPA within
[[Page 53417]]
180 days of receipt. 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). Notice of Ohio's application, a
solicitation for public comment regarding the application, and
background information supporting the application was published in the
Federal Register of May 21, 1998 (63 FR 27960) (FRL-4790-2). As
determined by EPA's review and assessment, Ohio's application
successfully demonstrated that the State's lead-based paint activities
program achieves the protectiveness and enforcement criteria, as
required for Federal authorization. Furthermore, no public comments
were received regarding any aspect of Ohio's application.
II. Federal Overfiling
TSCA section 404(b), makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
or Tribal program. Therefore, EPA reserves the right to exercise its
enforcement authority under TSCA against a violation of, or a failure
or refusal to comply with, any requirement of an authorized State or
Tribal program.
III. Withdrawal of Authorization
Pursuant to TSCA section 404(c), the Administrator may withdraw a
State or Tribal lead-based paint activities program authorization,
after notice and opportunity for corrective action, if the program is
not being administered or enforced in compliance with standards,
regulations, and other requirements established under the
authorization. The procedures EPA will follow for the withdrawal of an
authorization are found at 40 CFR 745.324(i).
IV. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
EPA's actions on State or Tribal lead-based paint activities
program applications are informal adjudications, not rules. Therefore,
the requirements of the Regulatory Flexibility Act (RFA, 5 U.S.C. 601
et seq.), the Congressional Review Act (5 U.S.C. 801 et seq.),
Executive Order 12866 (``Regulatory Planning and Review,'' 58 FR 51735,
October 4, 1993), and Executive Order 13045 (``Protection of Children
from Environmental Health Risks and Safety Risks,'' 62 FR 1985, April
23, 1997), do not apply to this action. This action does not contain
any Federal mandates, and therefore is not subject to the requirements
of the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538). In addition,
this action does not contain any information collection requirements
and therefore does not require review or approval by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act (44
U.S.C. 3501 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. This 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.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: September 24, 1998.
Gail C. Ginsberg,
Acting Regional Administrator, Region V.
[FR Doc. 98-26629 Filed 10-2-98; 8:45 am]
BILLING CODE 6560-50-F
