[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Notices]
[Pages 53416-53417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26629]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-OH-A; FRL-6030-7]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; Authorization of the Ohio Department of Health's Lead-Based 
Paint Activities Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval of the Ohio Department of Health's lead-
based paint activities program.

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SUMMARY: On April 13, 1998, the State of Ohio 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 Ohio's 
application, and the authorization of the Ohio Department of Health's 
lead-based paint program to apply in the State of Ohio effective 
October 1, 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 Ohio effective on October 1, 1998.

FOR FURTHER INFORMATION CONTACT: David Turpin, Regional Lead 
Coordinator, Environmental Protection Agency, Region V, DT-8J, 77 West 
Jackson Blvd., Chicago, IL 60604. Telephone: (312) 886-7836, e-mail 
address: [email protected].

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

[[Page 53417]]

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). Notice of Ohio's application, a 
solicitation for public comment regarding the application, and 
background information supporting the application was published in the 
Federal Register of May 21, 1998 (63 FR 27960) (FRL-4790-2). As 
determined by EPA's review and assessment, Ohio'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 Ohio'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: September 24, 1998.
Gail C. Ginsberg,
Acting Regional Administrator, Region V.
[FR Doc. 98-26629 Filed 10-2-98; 8:45 am]
BILLING CODE 6560-50-F