[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Notices]
[Pages 61102-61103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24649]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0038; FRL-7188-1]


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

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: On October 12, 2001, the State of Illinois, through the 
Illinois Department of Public Health (IDPH), submitted an application 
for EPA final 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). This notice 
announces the approval of Illinois' application, and the authorization 
of the Illinois Department of Public Health's lead-based paint program 
to apply in the State of Illinois effective April 11, 2002, in lieu of 
the Federal program under section 402 of TSCA.

DATES: Lead-based paint activities program authorization was granted to 
the State of Illinois effective April 11, 2002.

FOR FURTHER INFORMATION CONTACT: By mail: Larisa Leonova, State of 
Illinois Project Officer, Pesticides and Toxics Branch, (DT-8J), 
Environmental Protection Agency, Region V, 77 West Jackson Blvd., 
Chicago, IL 60604; telephone: (312) 353-5838; 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 Illinois. 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 Federal 
Register notice 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 ID number OPPT-2002-0038. The official record 
consists of the documents specifically referenced in this action, this 
notice, the State of Illinois' 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, Waste, Pesticides and 
Toxics Division, Pesticides and Toxics Branch, Toxics Program Section, 
(DT-8J), 77 West Jackson Blvd., Chicago, IL 60604.

II. Background

A. What Action is the Agency Taking?

    EPA issued correspondence to the Illinois Department of Public 
Health dated May 6, 1999, which granted a 3-year interim approval of 
the Illinois Lead Poisoning Prevention Program. The interim approval 
authorized the Department to enforce the Illinois Lead Poisoning 
Prevention Act (LPPA), 410 ILCS 45, and Lead Poisoning Prevention Code 
(LPPC), 77 Ill Adm. Code 845, in lieu of the Federal program. The 
effective date of the interim approval was April 16, 1999 (published by 
EPA in the Federal Register of February 29, 2000 (65 FR 10787) (FRL-
6399-4). As a condition of the interim approval, the Department was 
required to submit a request for full (final) approval of the Illinois 
Program at least 180 days prior to the expiration of the 3-year interim 
approval.
    Illinois applied for final approval and authorization to enforce 
its Lead Poisoning Prevention Program on October 12, 2001. The 
Department provided amended copies of the LPPA, LPPC, and the program 
policies that govern the administration of the program. Copies of the 
correspondence from the Illinois Attorney General's office indicating 
the inapplicability of the Illinois Environmental Audit Privilege Law 
to the Illinois LPPA and EPA's response accepting the opinion offered 
by the Illinois Attorney General's office were also included with this 
application. These materials resolved the only remaining issue dealing 
with the applicability of the Illinois Environmental Audit Privilege 
Law to the enforcement of the LPPA and

[[Page 61103]]

LPPC and removed the legal barriers for final EPA approval.
    Notice of Illinois' application, a solicitation for public comment 
regarding the application, and background information supporting the 
application was published in the Federal Register of January 11, 2002 
(67 FR 1465) (FRL-6815-5). As determined by EPA's review and 
assessment, Illinois' application successfully demonstrated that the 
State's Lead-Based Paint Activities Program achieved the protectiveness 
and enforcement criteria, as required for Federal authorization. 
Furthermore, no public comments were received regarding any aspect of 
the Illinois program and/or application.

B. What is the Agency's Authority for Taking this Action?

    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), titled ``Lead Exposure Reduction.''
    Section 402 of TSCA 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 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 governing lead-based paint 
activities in target housing and child-occupied facilities. 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.
    A State may choose to certify that its lead-based paint activities 
program meets the requirements for EPA approval, by submitting a letter 
signed by the Governor or Attorney General stating that the program 
meets the requirements of section 404(b) of TSCA. Upon submission of 
such certification letter, the program is deemed authorized. This 
authorization becomes ineffective, however, if EPA disapproves the 
application or withdraws the program authorization.

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 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).

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 as amended 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: August 27, 2002.
Bharat Mathur,
Acting Regional Administrator, Region V.
[FR Doc. 02-24649 Filed 9-26-02; 8:45 am]
BILLING CODE 6560-50-S