[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70127-70128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33632]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-OR; FRL-6049-7]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Oregon Authorization of Lead-Based Paint
Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval.
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SUMMARY: On March 31, 1998, the State of Oregon 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 approval of Oregon's application, and the authorization
of the Oregon State Health Division's Lead-Based Paint Activities
Program to apply in the State of Oregon effective September 3, 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 Oregon effective on September 3, 1998.
FOR FURTHER INFORMATION CONTACT: Barbara Ross, Regional Lead
Coordinator, Environmental Protection Agency, Region X, 1200 Sixth
Ave., WCM-128, Seattle, WA 98101, telephone: (206) 553-1985, e-mail
address: ross.barbara@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.
2681-2692), entitled ``Lead Exposure Reduction.''
Section 402 of TSCA (15 U.S.C. 2682) 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 of TSCA (15 U.S.C. 2684), a State
[[Page 70128]]
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 (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.
Notice of Oregon's application, a solicitation for public comment
regarding the application, and background information supporting the
application was published in the July 16, 1998, Federal Register (63 FR
38402) (FRL-5799-5). As determined by EPA's review and assessment,
Oregon'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
Oregon's application.
II. 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.
III. Withdrawal of Authorization
Pursuant to section 404(c) of TSCA, 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 the
Intergovernmental Partnership (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.
Authority: 15 U.S.C. 2682, 2684.
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting
and recordkeeping requirements.
Dated: December 10, 1998.
Chuck Clarke,
Regional Administrator, Region X.
[FR Doc. 98-33632 Filed 12-17-98; 8:45 am]
BILLING CODE 6560-50-F
