[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70127-70128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33632]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-OR; FRL-6049-7]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; State of Oregon Authorization of Lead-Based Paint 
Activities Program

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Notice; final approval.

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 SUMMARY: On March 31, 1998, the State of Oregon 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 approval of Oregon's application, and the authorization 
of the Oregon State Health Division's Lead-Based Paint Activities 
Program to apply in the State of Oregon effective September 3, 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 Oregon effective on September 3, 1998.

 FOR FURTHER INFORMATION CONTACT: Barbara Ross, Regional Lead 
Coordinator, Environmental Protection Agency, Region X, 1200 Sixth 
Ave., WCM-128, Seattle, WA 98101, telephone: (206) 553-1985, 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. 
2681-2692), entitled ``Lead Exposure Reduction.''
     Section 402 of TSCA (15 U.S.C. 2682) 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 of TSCA (15 U.S.C. 2684), a State

[[Page 70128]]

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 (15 U.S.C. 2684(h)), 
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.
     Notice of Oregon's application, a solicitation for public comment 
regarding the application, and background information supporting the 
application was published in the July 16, 1998, Federal Register (63 FR 
38402) (FRL-5799-5). As determined by EPA's review and assessment, 
Oregon'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 
Oregon's application.

 II. Federal Overfiling

    Section 404(b) of TSCA, 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 section 404(c) of TSCA, 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 the 
Intergovernmental Partnership (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: December 10, 1998.

Chuck Clarke,

Regional Administrator, Region X.

[FR Doc. 98-33632 Filed 12-17-98; 8:45 am]
BILLING CODE 6560-50-F