[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59559-59561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29538]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-CCT; FRL-6039-8]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; The Confederated Tribes of the Colville Reservation
Authorization Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
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SUMMARY: On September 10, 1998, the Confederated Tribes of the Colville
Reservation (Colville Confederated Tribes) 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 402 of the Toxic Substances
Control Act (TSCA). This notice announces the receipt of the Colville
Confederated Tribes' application, provides a 45-day public comment
period, and provides an opportunity to request a public hearing on the
application.
DATES: Comments on the authorization application must be received on or
before December 21, 1998. Public hearing requests must be received on
or before November 19, 1998.
ADDRESSES: Submit all written comments and/or requests for a public
hearing identified by docket control number ``PB-402404-CCT'' (in
duplicate) to: Kristin Andersen, Environmental Protection Agency,
Region X, 1200 Sixth Avenue, WCM-128, Seattle, WA 98101.
Comments, data, and requests for a public hearing may also be
submitted electronically to: andersen.kristin@epamail.epa.gov. Follow
the instructions under Unit IV. of this document. No information
claimed to be Confidential Business Information (CBI) should be
submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Kristin Andersen, Environmental
Protection Agency, Region X, 1200 Sixth Avenue, WCM-128, Seattle, WA
98101, Telephone: (206) 553-0244, e-mail address:
andersen.kristin@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 28, 1992, the Housing and Community Development Act of
1992, Pub. L. 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.
2681-92), entitled ``Lead Exposure Reduction.''
Section 402 of TSCA authorizes and directs EPA to promulgate final
regulations governing lead-based paint 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, a State or
Indian Tribe may seek authorization from EPA to administer and enforce
its own lead-based paint activities program.
On August 29, 1996 (61 FR 45777) (FRL-5389-9), EPA promulgated
final TSCA section 402/404 regulations governing lead-based paint
activities in target housing and child-occupied facilities (a subset of
public buildings). 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, 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.
Pursuant to section 404(b) of TSCA, EPA provides notice and an
opportunity for a public hearing on a State or Tribal program
application before authorizing the program. Therefore, by this notice
EPA is soliciting public comment on
[[Page 59560]]
whether the Colville Confederated Tribes' 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.
II. Tribal Program Description Summary
The following summary of the Colville Confederated Tribes' proposed
program has been provided by the applicant:
On September 10, 1998, The Colville Confederated Tribes applied to
EPA for authorization to administer and enforce a Tribal Lead-based
Paint Program. The Colville Confederated Tribes have adopted Resolution
1998-477, dated July 1, 1998, in which the Colville Confederated Tribes
Toxic Lead (Pb) Code is adopted in order to provide clear and specific
guidance in the assessment, inspection, pre-renovation notification and
abatement of lead-based paint activities on the Colville Confederated
Tribes Reservation. Penalties for non-compliance are established. The
Colville Confederated Tribes Toxic Lead (Pb) Code targets all buildings
located on the Colville Confederated Tribes Reservation.
The Colville Confederated Tribes Toxic Lead (Pb) Code 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 tribal specific
requirements (training accreditation) that are identical to the Federal
regulations, and through incorporation by reference of other required
Federal elements (certification of individuals, workplace standards and
pre-renovation notification activities). Also incorporated by reference
are the Federal definitions with notable expansion of the definition of
target housing to include all reservation buildings.
The Colville Confederated Tribes Toxic Lead (Pb) Code contains
enforcement and compliance requirements consisting of a schedule of
flexible remedies and an appeals process.
The Colville Confederated Tribes Program and request for Federal
delegation of authority is a natural application of tribal sovereign
power over environmental regulatory activities on tribal lands for the
health, welfare and safety of tribal community members.
III. 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.
IV. Public Record and Electronic Submissions
The official record for this action, as well as the public version,
has been established under docket control number ``PB-402404-CCT.''
Copies of this notice, the Colville Confederated Tribes' application,
and all comments received on the application are available for
inspection in the Region X office, from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket is located at EPA
Region X, Office of Waste and Chemicals Management, Solid Waste and
Toxics Unit, Environmental Protection Agency, 1200 Sixth Avenue, WCM-
128, Seattle, WA.
Commenters are encouraged to structure their comments so as not to
contain information for which CBI claims would be made. However, any
information claimed as CBI must be marked ``confidential,'' ``CBI,'' or
with some other appropriate designation, and a commenter submitting
such information must also prepare a nonconfidential version (in
duplicate) that can be placed in the public record. Any information so
marked will be handled in accordance with the procedures contained in
40 CFR part 2. Comments and information not claimed as CBI at the time
of submission will be placed in the public record.
Electronic comments can be sent directly to EPA at:
andersen.kristin@epamail.epa.gov
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 disks in WordPerfect 5.1/6.1 or ASCII file
format. All comments and data in electronic form must be identified by
the docket control number ``PB-402404-CCT.'' Electronic comments on
this document may be filed online at many Federal Depository Libraries.
Information claimed as CBI should not be submitted electronically.
V. 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.
[[Page 59561]]
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.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: October 22, 1998.
Charles C. Clarke,
Regional Administrator, Region X.
[FR Doc. 98-29538 Filed 11-3-98; 8:45 am]
BILLING CODE 6560-50-F
