[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Notices]
[Pages 597-598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-226]


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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-CN; FRL-6811-5]


Lead; Requirements for Lead-Based Paint Activities in Target 
Housing and Child-Occupied Facilities; Authorization of the Cherokee 
Nation's Lead-Based Paint Activities Program

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval.
SUMMARY: On November 19, 1999, the Cherokee Nation of Oklahoma 
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). Notice of the 
receipt of the Cherokee Nation's application, a solicitation for public 
comment regarding the application, and background information 
supporting the application were published in the Federal Register of 
January 25, 2000. Today's notice announces the approval of the Cherokee 
Nation's application, and authorization of the Cherokee Nation's lead-
based paint program for Cherokee Nation's Tribal Trust Lands in 
Oklahoma, effective October 15, 2001, in lieu of the corresponding 
Federal program under section 402 of TSCA.

DATES: Lead-based paint activities program authorization was granted to 
the Cherokee Nation effective on October 15, 2001.

FOR FURTHER INFORMATION CONTACT: Jeffrey Robinson, Regional Lead 
Coordinator, Environmental Protection Agency, Region VI, 6PD-T, 1445 
Ross Avenue, Suite 1200, Dallas, TX 75202-2733. Telephone: 214-665-
7577, 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

[[Page 598]]

appropriate Regional EPA office for review. Complete, final 
applications will be subject to a public comment period, and reviewed 
by EPA within 180 days 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 Cherokee Nation's application 
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 the Cherokee Nations' 
application. EPA announced solicitation for public comment regarding 
the application in the Federal Register of January 25, 2000 (65 FR 
3960) (FRL-6490-1).

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. 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: November 28, 2001.
Carl L. Edlund,
Division Director, Multimedia Planning and Permitting, Region VI.

[FR Doc. 02-226 Filed 1-3-02 8:45 am]
BILLING CODE 6560-50-S