[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: 
[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 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