[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Notices]
[Pages 35153-35154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16684]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404-WI-A; FRL-6070-6]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Authorization of Wisconsin's Department of Health and
Family Services Lead-Based Paint Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval.
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SUMMARY: On August 31, 1998, the State of Wisconsin 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). Notice of
Wisconsin's application, a solicitation for public comment regarding
the application, and background information supporting the application
was published in the Federal Register of November 4, 1998. Today's
notice announces the approval of Wisconsin's application, and the
authorization of Wisconsin's Department of Health and Family Services'
lead-based paint program to apply in the State of Wisconsin effective
January 27, 1999, in lieu of the corresponding Federal program under
section 402 of TSCA.
DATES: The lead-based paint activities program approval was granted to
the State of Wisconsin on January 27, 1999, and was immediately
effective.
FOR FURTHER INFORMATION CONTACT: Marlyse Wiebenga, Environmental
Protection Agency, Region V, DT-8J, 77 West Jackson Blvd., Chicago, IL
60604. Telephone: (312) 886-4437, e-mail address:
wiebenga.marlyse@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 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. As determined by EPA's review and
assessment, Wisconsin'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
Wisconsin's application. A solicitation for public comment regarding
the application was published in the Federal Register of November 4,
1998 (63 FR 59561) (FRL-6037-6).
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.
[[Page 35154]]
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. Public Record
The official record for this action, as well as the public version,
has been established under docket control number PB-402404-WI. Copies
of this notice, Wisconsin's Department of Health and Family Service's
authorization application, and all supporting material for EPA's
authorization decision are available for inspection in the Region V
office: Toxics Program Section, Environmental Protection Agency, Region
V, 8th floor, 77 West Jackson Blvd., Chicago, IL, from 8:30 a.m. to 5
p.m., Monday through Friday, excluding legal holidays.
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.
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: March 26, 1999.
David A. Ullrich,
Acting Regional Administrator, Region V.
[FR Doc. 99-16684 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-F
