[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Notices]
[Pages 39385-39386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14369]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-2002-0024; FRL-7178-7]


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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; final approval of the State of Colorado Lead-Based 
Paint Activities Program.

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SUMMARY:  On September 28, 2001, the State of Colorado submitted a 
self-certification letter stating that Colorado's Lead-Based Paint 
Abatement Program meets the requirements for approval of a State 
program under section 404 of TSCA and that Colorado has the legal 
authority and ability to implement the appropriate elements to enforce 
the program. The State program will 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). Today's notice 
announces the authorization of the State of Colorado Lead-Based Paint 
Activities Program to apply in the State of Colorado effective 
September 28, 2001.

DATES:  The Lead-Based Paint Activities Program authorization was 
granted to

[[Page 39386]]

the State of Colorado effective on September 28, 2001.

FOR FURTHER INFORMATION CONTACT:  Dave Combs, Regional Toxics Team 
Leader, Environmental Protection Agency, Region VIII, 999 18th St., 
Suite 300, 8P-P3T, Denver, CO 80202-2466; telephone: 303-312-6021; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. 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. Those regulations are to ensure that individuals engaged in 
such activities are properly trained, that training programs are 
accredited, and that individuals engaged in these activities are 
certified and follow documented work practice standards. Under section 
404 (15 U.S.C. 2684), 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 governing lead-based paint 
activities in target housing and child-occupied facilities (a subset of 
public buildings). Those regulations are codified at 40 CFR part 745, 
and allow both States and Indian Tribes to apply for program 
authorization. Pursuant to section 404(h) of TSCA (15 U.S.C. 2684(h)), 
EPA is to establish the Federal program in any State or Tribal Nation 
without its own authorized program in place by August 31, 1998.
    States and Tribes that choose to apply for program authorization 
must submit a complete application to the appropriate Regional EPA 
Office for review. Those applications will be reviewed by EPA within 
180 days of receipt of the complete application. 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, 
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.
    On December 21, 1998, the State of Colorado submitted an 
application for EPA interim approval to administer and enforce the 
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 TSCA. Colorado 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 possesses the legal 
authority and ability to implement the appropriate elements necessary 
to receive interim enforcement approval. Based upon the State's self-
certification, Lead-Based Paint Activities Interim Program 
Authorization was granted to the State of Colorado effective on 
December 21, 1998.
    On September 7, 1999 (64 FR 48618) (FRL-6099-1), EPA published a 
notice in the Federal Register granting interim-approval of the 
Colorado TSCA section 402/404 Lead-Based Paint Accreditation and 
Certification Program. Full-approval was not granted at the time due to 
the State of Colorado's Environmental Audit Privilege and Penalty 
Immunity Statute, sometimes known as S.B. 94-139 (codified at sections 
13-25-126.5, 13-90-107(1)(j), and 25-1--114-5, C.R.S.). This statute 
impaired the State's ability to fully administer and enforce the lead-
based paint program. Interim compliance and enforcement approval was 
granted to provide the State the opportunity to address problems and 
issues associated with its Environmental Audit Privilege and Penalty 
Immunity Statute. During the 2000 Legislative Session, the Colorado 
State Legislature amended the State's Environmental Audit Privilege and 
Immunity Statute. On May 30, 2000, EPA and the State of Colorado signed 
a Memorandum of Agreement resolving all of the issues with the State's 
Environmental Audit Privilege and Immunity Statute. Based upon the 
revised Statute and the Memorandum of Agreement between Colorado and 
EPA, the legal barriers for final EPA approval of Colorado's Lead Based 
Paint Abatement and Certification Program have been removed.
    Notice of Colorado's application, a solicitation for public comment 
regarding the application, and background information supporting the 
application was published in the Federal Register of March 6, 2002 (67 
FR 10205) (FRL-6823-2). As determined by EPA's review and assessment, 
Colorado's application successfully demonstrated that the State's Lead-
Based Paint Activities Program achieves the protectiveness and 
enforcement criteria, as required for Federal authorization. 
Furthermore, no public comments were received regarding any aspect of 
Colorado's application.

II. Federal Overfiling

    TSCA section 404(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), 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).

List of Subjects

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


    Dated: May 14, 2002.
Robbie E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 02-14369 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-S