[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Notices]
[Pages 17378-17379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8657]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2002-0080; FRL-7299-7]
Lead-Based Paint Activities; State of North Dakota Lead-Based
Paint Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval of the State of North Dakota Lead-Based
Paint Activities Program.
-----------------------------------------------------------------------
SUMMARY: On October 4, 2002, EPA received an application from the State
of North Dakota requesting authorization to administer a Program in
accordance with section 402 of the Toxic Substances Control Act (TSCA).
Included in the application was a letter signed September 26, 2002, by
the Governor of North Dakota, stating that the State's Lead-Based Paint
Abatement Program is at least as protective of human health and the
environment as the Federal program under TSCA section 402. Also,
included was a letter from the Attorney General of North Dakota,
certifying that the laws and regulations of the State provided adequate
legal authority to administer and enforce TSCA section 402. North
Dakota certifies that its program meets the requirements for approval
of a State program under section 404 of TSCA and that North Dakota has
the legal authority and ability to implement the appropriate elements
necessary to enforce the program. Therefore, pursuant to section 404,
the program is deemed authorized as of the date of submission. Today's
notice announces the authorization of the State of North Dakota Lead-
Based Paint Activities Program to apply in the State of North Dakota
effective September 26, 2002.
DATES: The Lead-Based Paint Activities Program authorization was
granted to the State of North Dakota on September 26, 2002.
FOR FURTHER INFORMATION CONTACT: Amanda Hasty, Lead Coordinator,
Environmental Protection Agency, Region VIII, 8P-P3T, 999 18th St.,
Suite 300, Denver, CO 80202-2466; telephone: (303) 312-6966; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General
A. Does this Notice Apply to Me?
This notice is directed to the public in general. This notice may,
however, be of interest to firms and individuals engaged in lead-based
paint activities in North Dakota. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by the notice. If you have any questions
regarding the applicability of this notice to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.
B. Summary
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. The 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. 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). These 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 or Indian Tribe may seek
authorization from EPA to administer and enforce its own lead-based
paint activities program.
States and Tribes that choose to apply for program authorization
must submit a complete application to the appropriate Regional EPA
Office for review. EPA will review those applications within 180 days
of receipt
[[Page 17379]]
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
authorization.
A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA authorization, by submitting a
letter signed by the Governor or the 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 until such time as EPA disapproves the program application
or withdrawals the program authorization.
In accordance with 40 CFR 745.324(d), ``Program Certification,''
the Governor of North Dakota submitted a self-certification letter to
the EPA Administrator on September 26, 2002, certifying that the State
program meets the requirements contained in 40 CFR 745.324(e)(2)(i) and
(e)(2)(ii). Included in the application was a letter from the Attorney
General of North Dakota, certifying that the laws and regulations of
the State provided adequate legal authority to administer and enforce
TSCA section 402.
Notice of North Dakota's application, a solicitation for public
comment regarding the application was published in the Federal Register
of January 8, 2003 (68 FR 1059) (FRL-7282-8). As determined by EPA's
review and assessment, North Dakota'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 North Dakota's application. Therefore, as of September 26,
2002, the State of North Dakota is authorized to administer and enforce
the lead-based paint program under TSCA section 402.
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), 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. Congressional Review Act
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: March 28, 2003.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 03-8657 Filed 4-8-03; 8:45 am]
BILLING CODE 6560-50-S