[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Notices]
[Pages 27557-27559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12628]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0079; FRL-7306-2]


Lead-Based Paint Activities in Target Housing and Child-Occupied 
Facilities, State of Mississippi Authorization of Lead-Based Paint 
Activities Program; Final Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On January 21, 2003, the State of Mississippi submitted a 
self-certification letter stating that Mississippi's Lead-Based Paint 
Training and Certification Program meets the requirements for approval 
of a State program under section 404 of the Toxic Substances Control 
Act (TSCA) and that Mississippi has the legal authority and ability to 
implement the appropriate elements to run 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 TSCA. Recent changes 
to the State's audit privilege and penalty mitigation statutes, which 
previously impaired the States's ability to fully administer and 
enforce the Lead-Based Paint Program, have resulted in the State 
program now providing adequate enforcement. This notice announces the 
authorization of the State of Mississippi's Lead-Based Program.

DATES: Lead-based paint activities program authorization was granted to 
the State of Mississippi effective on January 21, 2003.

FOR FURTHER INFORMATION CONTACT: Keith Bates, Pesticides and Toxic 
Substances Branch; Air, Pesticides and Toxics Management Division; 
Environmental Protection Agency; Region IV, Sam Nunn Atlanta Federal 
Center, 61 Forsyth St., SW., Atlanta, GA 30303; telephone number: (404) 
562-8992; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General

A. Does this Action 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 Mississippi. 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2002-0079. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading

[[Page 27558]]

Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The EPA Docket Center Reading Room 
telephone number is (202) 566-1744 and the telephone number for the 
OPPT Docket, which is located in EPA Docket Center, is (202) 566-0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. Background

A. What Action is the Agency Taking?

    The State of Mississippi has been operating its Lead-Based Paint 
Program under interim approval since June 28, 1999, with interim 
approval expiring on June 28, 2002. On December 17, 2001, the State of 
Mississippi submitted an application for EPA final approval of its 
Lead-Based Paint Program. Notice of Mississippi's December 17, 2001, 
application, a solicitation for public comment regarding the 
application, and background information supporting the application were 
published in the Federal Register on July 19, 2002 (67 FR 47541) (FRL-
7187-5). No public comments were received regarding any aspect of 
Mississippi's application.
    At the time of the December 2001 application, two deficiencies in 
the State's audit privilege and penalty mitigation statutes at 
Mississippi Code Annotated sections 49-2-71 and 49-17-43(g) impaired 
the State's ability to provide adequate enforcement in criminal 
proceedings and investigations and in assessment of appropriate 
penalties, thus preventing the Agency from fully approving the program. 
During the 2003 legislative session, however, the State amended the 
audit privilege and penalty mitigation statutes, which corrected the 
deficiencies identified by EPA. On January 21, 2003, the State of 
Mississippi supplemented its December 17, 2001, application with a 
discussion addressing how the amendments to Mississippi's audit 
privilege and penalty mitigation statutes, Mississippi Code Annotated 
sections 17-17-29, 49-2-71, 49-17-43, and 49-17-427, resulted in the 
State Lead-Based Paint Program providing adequate enforcement. The 
supplement also contained a statement certifying the Lead-Based Paint 
Program is at least as protective as the Federal program and provides 
adequate enforcement.
    Based upon the State's certification, and EPA's review and 
assessment of Mississippi's complete application, Mississippi has 
successfully demonstrated that the State's Lead-Based Paint Program 
achieves the protectiveness and enforcement criteria, as required for 
Federal authorization. Therefore, by this notice, EPA is announcing 
approval of the application and authorization of the State of 
Mississippi's Lead-Based Program, effective January 21, 2003.

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 (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 of TSCA (15 U.S.C. 2684), a State may seek authorization from EPA 
to administer and enforce its own lead-based paint activities program.
    In the Federal Register of 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. 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 (15 U.S.C. 
2684(a)). 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. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added 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

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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: May 2, 2003.
J. I. Palmer, Jr.,
Regional Administrator, Region IV.

[FR Doc. 03-12628 Filed 5-19-03; 8:45 am]
BILLING CODE 6560-50-S