[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11884-11885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5821]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-VA; FRL-6063-5]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities; Authorization of the Commonwealth of Virginia's Lead-Based 
Paint Activities Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval.

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SUMMARY: On December 19, 1997, the Commonwealth of Virginia 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 the Commonwealth of Virginia's application, 
and the authorization of the Department of Professional and Occupation 
Regulation's lead-based paint program to apply in the Commonwealth of 
Virginia effective March 10, 1999, in lieu of the corresponding Federal 
program under section 402 of TSCA.

DATES: Lead-based paint activities program authorization was granted to 
the Commonwealth of Virginia effective on March 10, 1999.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena (3WC33), Waste and 
Chemicals Management Division, Environmental Protection Agency, Region 
III, 1650 Arch St., Philadelphia, PA 19103-2029, telephone: (215) 814-
2067, 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 are 
subject to a public comment period, and must be approved or disapproved 
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 
adequate enforcement (section 404(b) of TSCA). Included in Virginia's 
application is a program certification signed by Governor James S. 
Gilmore, III certifying that the Commonwealth of Virginia lead-based 
paint activities program: (1) Is at least as protective of human health 
and the environment as the corresponding Federal program; and (2) 
provides adequate enforcement. The inclusion of this certification 
requires that the program be authorized by EPA until such a time as the 
Administrator disapproves the program application or withdraws the 
program authorization.
    Notice of Virginia's application, a solicitation for public comment 
regarding the application, and background information supporting the 
application was published in the Federal Register of April 29, 1998 (63 
FR 23464) (FRL-5781-6).
    As determined by EPA's review and assessment, Virginia'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 Virginia'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

[[Page 11885]]

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: February 19, 1999.
W. Michael McCabe
Regional Administrator, Region III.

[FR Doc. 99-5821 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-F