[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 1986-1988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-577]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404A-MI; FRL-6751-5]


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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  On November 1, 1999, the State of Michigan, through the 
Michigan Department of Community 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). Michigan 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 April 20, 2000 (FRL-6494-6), 
EPA published a notice announcing receipt of the State's

[[Page 1987]]

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 Michigan program and/or 
application. Today's notice announces the approval of the Michigan 
application, and the authorization of the Michigan Department of 
Community Health's Lead-Based Paint Activities Program to apply in the 
State of Michigan, effective November 1, 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 Michigan 
effective on November 1, 1999.

FOR FURTHER INFORMATION CONTACT:  David A. Turpin, Project Officer, 
Environmental Protection Agency, Region V, 77 W. Jackson Blvd., DT-8J, 
Chicago, IL 60604; telephone: (312) 886-7836; 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 Michigan. 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,'' ``Regulations and Proposed Rules, '' 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-402404A-MI specifically 
referenced in this action, this notice, the State of Michigan 
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, Toxics 
Program Section, DT-8J, 77 West Jackson Boulevard, Chicago, IL 60604.

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. 
2681-2692), 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. 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, EPA issued 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 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 General Accounting Office

    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.



[[Page 1988]]


    Dated: December 21, 2000.
David A. Ullrich,
Acting Regional Administrator, Region V.

[FR Doc. 01-577 Filed 1-9-01; 8:45 am]
BILLING CODE 6560-50-S