[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Notices]
[Pages 9991-9992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4973]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-UT; FRL-6060-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Utah Authorization of Lead-Based Paint Activities
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On August 31, 1998, the State of Utah 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). Today's notice announces the approval of Utah's
application, and the authorization of the Utah Department of
Environmental Quality, Division of Air Quality's Lead-Based Paint
Activities Program to apply in the State of Utah effective August 31,
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 Utah effective on August 31, 1998.
FOR FURTHER INFORMATION CONTACT: Dave Combs, Regional Toxics Team
Leader, Environmental Protection Agency, Region VIII, 8P-P3-T, 999 18th
St., Suite 500, Denver, CO 80202-2466; Telephone: 303-312-6021; e-mail
address: combs.dave@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
[[Page 9992]]
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 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.
Notice of Utah's application, a solicitation for public comment
regarding the application, and background information supporting the
application was published in the Federal Register of October 28, 1998
(63 FR 57682) (FRL-6037-5). As determined by EPA's review and
assessment, Utah'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
Utah'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: February 12, 1999.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 99-4973 Filed 2-26-99; 8:45 am]
BILLING CODE 6560-50-F
