[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Notices]
[Pages 16232-16233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7285]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404A-IN; FRL-6767-7]


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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  On April 12, 2000, the State of Indiana 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). Indiana 
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 August 8, 2000 (65 FR 68498) (FRL-6593-2), EPA published a 
notice announcing receipt of the State's application. EPA did not 
receive any comments regarding any aspect of the Indiana program and/or 
application. This notice announces the approval of the Indiana 
application, and the authorization of the Indiana Department of 
Environmental Management's Lead-Based Paint Activities Program to apply 
in the State of Indiana, effective April 12, 2000, in leu 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 Indiana 
effective on April 12, 2000.

FOR FURTHER INFORMATION CONTACT:  Ludmilla Koralewska, Project Officer, 
Environmental Protection Agency, Region V, 77 West Jackson Blvd. (DT-
8J), Chicago, IL 60604; telephone: (312) 886-3577; 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 Indiana. 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-IN. The official 
record consists of the documents specifically referenced in this 
action, this notice, the State of Indiana's 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

[[Page 16233]]

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 U.S. EPA 
Region V Office, Environmental Protection Agency, Waste, Pesticides and 
Toxics Division, Pesticides and Toxics Substances Branch, Toxics 
Program Section (DT-8J), 77 West Jackson Blvd, 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 Indian 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 Indian 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 Indian 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 Indian 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 Indian Tribal program.

IV. Withdrawal of Authorization

     Pursuant to section 404(c) of TSCA, the EPA Administrator may 
withdraw a State or Indian 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: February 6, 2001.
David A. Ullrich,
Acting Regional Administrator, Region V.

[FR Doc. 01-7285 Filed 3-22-01; 8:45 am]
BILLING CODE 6560-50-S