[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25923-25924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11149]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-MN-A; FRL-6499-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; approval of the Minnesota TSCA Section 402/404 Lead-
Based Paint Accreditation and Certification Program.

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SUMMARY: On September 29, 1999, the State of Minnesota, through the 
Minnesota Department of Health, 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). Minnesota provided a self-certification letter 
stating that its program is at least as protective of human health and 
the environment as the Federal program and it has the legal authority 
and ability to implement the appropriate elements necessary to receive 
EPA approval. In the Federal Register of December 22, 1999 (64 FR 
71781) (FRL-6393-2), EPA published a notice announcing receipt of the 
State's application and requesting public comment and/or opportunity 
for a public hearing on the State's application. EPA did not receive 
any comments regarding any aspect of the Minnesota program and/or 
application. Today's notice announces the approval of the Minnesota 
application, and the authorization of the Minnesota Department of 
Health's Lead-Based Paint Activities Program to apply in the State of 
Minnesota, effective September 29, 1999, in lieu of the corresponding 
Federal program under section 402 of TSCA.

DATES: Based upon the State's self-certification, Lead-Based Paint 
Activities Program authorization was granted to the State of Minnesota 
on September 29, 1999.

FOR FURTHER INFORMATION CONTACT: Emma Avant-Parks, Project Officer, 
Environmental Protection Agency, Region V, 77 W. Jackson Blvd., DT-8J, 
Chicago, IL 60604. Telephone: 312-886-7899; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to firms and individuals engaged in lead-based 
paint activities in Minnesota. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of This 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PB-402404-MN. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of Minnesota authorization application, 
any public comments received during an applicable comment period, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The docket is located at the EPA Region V 
Office, Environmental Protection Agency, Waste, Pesticides and Toxics 
Division, Pesticides and Toxic Substances Branch, Toxic Programs 
Section, DT-8J, 77 West Jackson Blvd., Chicago, IL.

II. Background

    On October 28, 1992, the Housing and Community Development Act of 
1992, Public Law 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), titled 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. Under section 404 
of TSCA, a State 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 (40 CFR part 745) governing lead-based paint activities in 
target housing and child-occupied facilities. States and Tribes that 
choose to apply for program authorization must submit a complete 
application to the appropriate Regional EPA Office for review. 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 (TSCA 
section 404(b), 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.
    Under these regulations, a State must demonstrate that it has the 
legal authority and ability to immediately

[[Page 25924]]

implement certain elements, including legal authority for accrediting 
training providers, certification of individuals, work practice 
standards and pre-renovation notification, authority to enter, and 
flexible remedies. In order to receive final approval, the State must 
be able to demonstrate that it is able to immediately implement the 
remaining performance elements, including training, compliance 
assistance, sampling techniques, tracking tips and complaints, 
targeting inspections, follow up to inspection reports, and compliance 
monitoring and enforcement.

III. 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.

IV. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA 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).

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before certain actions may take effect, the agency 
promulgating the action must submit a report, which includes a copy of 
the action, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of this document in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

    Environmental protection, Hazardous substances, Lead, Reporting and 
recordkeeping requirements.

    Dated: April 21, 2000.
Francis X. Lyons,
Regional Administrator, Region V.
[FR Doc. 00-11149 Filed 5-3-00; 8:45 am]
BILLING CODE 6560-50-F