[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35666-35667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12202]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7925-4]


Lead-Based Paint Activities; State of Washington Lead-Based Paint 
Program

AGENCY: Environmental Protection Agency.

ACTION: Notice; final approval of the State of Washington Lead-Based 
Paint Activities Program.

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SUMMARY: On June 18, 2004, EPA received an application from the State 
of Washington 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 June 10, 2004, by the 
Governor of Washington, 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 Washington, 
certifying that the laws and regulations of the State provided adequate 
legal authority to administer and enforce TSCA section 402. Washington 
certifies that its program meets the requirements for approval of a 
State program under section 404 of TSCA and that Washington 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 Washington Lead-
Based Paint Activities Program to apply in the State of Washington 
effective June 10, 2004.

DATES: The Lead-Based Paint Activities Program authorization was 
granted to the State of Washington on June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Barbara Ross, Regional Lead 
Coordinator, Environmental Protection Agency, Region 10, AWT-128, 1200 
Sixth Avenue, Seattle, WA 98101; telephone: (206) 553-1985; 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 Washington. 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 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 Washington submitted a self-certification letter to the 
EPA Administrator on June 17, 2004, 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 Washington, certifying that the laws and regulations of the 
State provided adequate legal authority to administer and enforce TSCA 
section 402.
    As determined by EPA's review and assessment, Washington's 
application successfully demonstrated that the State's Lead-Based Paint 
Activities Program achieves the protectiveness and enforcement 
criteria, as required for Federal authorization. Therefore, as of June 
10, 2004 the State of Washington 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

[[Page 35667]]

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: June 10, 2005.
Julie Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. 05-12202 Filed 6-20-05; 8:45 am]
BILLING CODE 6560-50-P