[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