[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]
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