[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11884-11885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5821]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-VA; FRL-6063-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Authorization of the Commonwealth of Virginia's Lead-Based
Paint Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval.
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SUMMARY: On December 19, 1997, the Commonwealth of Virginia 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 the Commonwealth of Virginia's application,
and the authorization of the Department of Professional and Occupation
Regulation's lead-based paint program to apply in the Commonwealth of
Virginia effective March 10, 1999, in lieu of the corresponding Federal
program under section 402 of TSCA.
DATES: Lead-based paint activities program authorization was granted to
the Commonwealth of Virginia effective on March 10, 1999.
FOR FURTHER INFORMATION CONTACT: Enid A. Gerena (3WC33), Waste and
Chemicals Management Division, Environmental Protection Agency, Region
III, 1650 Arch St., Philadelphia, PA 19103-2029, telephone: (215) 814-
2067, e-mail address: gerena.enid@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 are
subject to a public comment period, and must be approved or disapproved
by EPA within 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
adequate enforcement (section 404(b) of TSCA). Included in Virginia's
application is a program certification signed by Governor James S.
Gilmore, III certifying that the Commonwealth of Virginia lead-based
paint activities program: (1) Is at least as protective of human health
and the environment as the corresponding Federal program; and (2)
provides adequate enforcement. The inclusion of this certification
requires that the program be authorized by EPA until such a time as the
Administrator disapproves the program application or withdraws the
program authorization.
Notice of Virginia's application, a solicitation for public comment
regarding the application, and background information supporting the
application was published in the Federal Register of April 29, 1998 (63
FR 23464) (FRL-5781-6).
As determined by EPA's review and assessment, Virginia'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 Virginia'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
[[Page 11885]]
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: February 19, 1999.
W. Michael McCabe
Regional Administrator, Region III.
[FR Doc. 99-5821 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-F
