[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Pages 59559-59561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29538]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-CCT; FRL-6039-8]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; The Confederated Tribes of the Colville Reservation 
Authorization Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments and opportunity for public 
hearing.

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SUMMARY: On September 10, 1998, the Confederated Tribes of the Colville 
Reservation (Colville Confederated Tribes) 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). This notice announces the receipt of the Colville 
Confederated Tribes' application, provides a 45-day public comment 
period, and provides an opportunity to request a public hearing on the 
application.

DATES: Comments on the authorization application must be received on or 
before December 21, 1998. Public hearing requests must be received on 
or before November 19, 1998.

ADDRESSES: Submit all written comments and/or requests for a public 
hearing identified by docket control number ``PB-402404-CCT'' (in 
duplicate) to: Kristin Andersen, Environmental Protection Agency, 
Region X, 1200 Sixth Avenue, WCM-128, Seattle, WA 98101.
    Comments, data, and requests for a public hearing may also be 
submitted electronically to: [email protected]. Follow 
the instructions under Unit IV. of this document. No information 
claimed to be Confidential Business Information (CBI) should be 
submitted through e-mail.

FOR FURTHER INFORMATION CONTACT: Kristin Andersen, Environmental 
Protection Agency, Region X, 1200 Sixth Avenue, WCM-128, Seattle, WA 
98101, Telephone: (206) 553-0244, e-mail address: 
[email protected].

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 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 or 
Indian Tribe 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.
    Pursuant to section 404(b) of TSCA, EPA provides notice and an 
opportunity for a public hearing on a State or Tribal program 
application before authorizing the program. Therefore, by this notice 
EPA is soliciting public comment on

[[Page 59560]]

whether the Colville Confederated Tribes' application meets the 
requirements for EPA approval. This notice also provides an opportunity 
to request a public hearing on the application. If a hearing is 
requested and granted, EPA will issue a Federal Register notice 
announcing the date, time, and place of the hearing. EPA's final 
decision on the application will be published in the Federal Register.

II. Tribal Program Description Summary

    The following summary of the Colville Confederated Tribes' proposed 
program has been provided by the applicant:
    On September 10, 1998, The Colville Confederated Tribes applied to 
EPA for authorization to administer and enforce a Tribal Lead-based 
Paint Program. The Colville Confederated Tribes have adopted Resolution 
1998-477, dated July 1, 1998, in which the Colville Confederated Tribes 
Toxic Lead (Pb) Code is adopted in order to provide clear and specific 
guidance in the assessment, inspection, pre-renovation notification and 
abatement of lead-based paint activities on the Colville Confederated 
Tribes Reservation. Penalties for non-compliance are established. The 
Colville Confederated Tribes Toxic Lead (Pb) Code targets all buildings 
located on the Colville Confederated Tribes Reservation.
    The Colville Confederated Tribes Toxic Lead (Pb) Code is designed 
to be at least as protective as the Federal law and provide for 
adequate enforcement of all provisions through a schedule of flexible 
remedies. This is accomplished through a combination of tribal specific 
requirements (training accreditation) that are identical to the Federal 
regulations, and through incorporation by reference of other required 
Federal elements (certification of individuals, workplace standards and 
pre-renovation notification activities). Also incorporated by reference 
are the Federal definitions with notable expansion of the definition of 
target housing to include all reservation buildings.
    The Colville Confederated Tribes Toxic Lead (Pb) Code contains 
enforcement and compliance requirements consisting of a schedule of 
flexible remedies and an appeals process.
    The Colville Confederated Tribes Program and request for Federal 
delegation of authority is a natural application of tribal sovereign 
power over environmental regulatory activities on tribal lands for the 
health, welfare and safety of tribal community members.

III. 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.

IV. Public Record and Electronic Submissions

    The official record for this action, as well as the public version, 
has been established under docket control number ``PB-402404-CCT.'' 
Copies of this notice, the Colville Confederated Tribes' application, 
and all comments received on the application are available for 
inspection in the Region X office, from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The docket is located at EPA 
Region X, Office of Waste and Chemicals Management, Solid Waste and 
Toxics Unit, Environmental Protection Agency, 1200 Sixth Avenue, WCM-
128, Seattle, WA.
    Commenters are encouraged to structure their comments so as not to 
contain information for which CBI claims would be made. However, any 
information claimed as CBI must be marked ``confidential,'' ``CBI,'' or 
with some other appropriate designation, and a commenter submitting 
such information must also prepare a nonconfidential version (in 
duplicate) that can be placed in the public record. Any information so 
marked will be handled in accordance with the procedures contained in 
40 CFR part 2. Comments and information not claimed as CBI at the time 
of submission will be placed in the public record.


    Electronic comments can be sent directly to EPA at:
    [email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number ``PB-402404-CCT.'' Electronic comments on 
this document may be filed online at many Federal Depository Libraries. 
Information claimed as CBI should not be submitted electronically.

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.

[[Page 59561]]

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: October 22, 1998.
Charles C. Clarke,
Regional Administrator, Region X.

[FR Doc. 98-29538 Filed 11-3-98; 8:45 am]
BILLING CODE 6560-50-F