[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Notices]
[Pages 36870-36871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17316]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404LS-US/PB-402404-LS; FRL-6068-6]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; Authorization of the Upper Sioux Community's and Lower
Sioux Indian Community's Lead-Based Paint Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval.
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SUMMARY: On April 14, 1998, both the Upper Sioux Community (Upper
Sioux) and Lower Sioux Indian Community (Lower Sioux) submitted
applications 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). Notice of the
Upper Sioux and Lower Sioux applications, a solicitation for public
comment regarding the applications, and background information
supporting the applications were published in the Federal Register of
October 2, 1998. Today's notice announces the approval of the Upper
Sioux and Lower Sioux Indian Communities' applications, and the
authorization of the Upper Sioux and Lower Sioux Communities' lead-
based paint program to apply on the Upper Sioux and Lower Sioux
Reservations respectively effective May 7, 1999, in lieu of the
corresponding Federal program under section 402 of TSCA.
DATES: Lead-based paint activities program authorization was granted to
the Upper Sioux and Lower Sioux Indian Communities effective on May 7,
1999.
FOR FURTHER INFORMATION CONTACT: Emma Avant, Project Officer,
Environmental Protection Agency, Region V, DT-8J, 77 West Jackson
Blvd., Chicago, IL 60604, telephone: (312) 886-7899, e-mail address:
avant.emma@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, the Upper Sioux and Lower Sioux's applications successfully
demonstrated that the Tribes' lead-based paint activities programs
achieve the protectiveness and enforcement criteria, as required for
Federal authorization. Furthermore, no public comments were received
regarding any aspect of Upper Sioux and Lower Sioux's applications. EPA
announced solicitation for public comment regarding the applications in
the Federal Register of October 2, 1998 (63 FR 53051) (FRL-6018-9).
II. Federal Overfiling
TSCA section 404(b), 15 U.S.C. 2684(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), 15 U.S.C. 2684(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
[[Page 36871]]
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: June 23, 1999.
Jerri-Anne Garl,
Acting Regional Administrator, Region V.
[FR Doc. 99-17316 Filed 7-7-99; 8:45 am]
BILLING CODE 6560-50-F
