[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 1986-1988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-577]
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ENVIRONMENTAL PROTECTION AGENCY
[PB-402404A-MI; FRL-6751-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Michigan Approval of Lead-Based Paint Activities
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On November 1, 1999, the State of Michigan, through the
Michigan Department of Community Health, submitted an application for
EPA 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). Michigan provided a self-certification letter
stating that its program is at least as protective of human health and
the environment as the Federal program and it has the legal authority
and ability to implement the appropriate elements necessary to receive
EPA approval. In the Federal Register of April 20, 2000 (FRL-6494-6),
EPA published a notice announcing receipt of the State's
[[Page 1987]]
application and requesting public comment and/or opportunity for a
public hearing on the State's application. EPA did not receive any
comments regarding any aspect of the Michigan program and/or
application. Today's notice announces the approval of the Michigan
application, and the authorization of the Michigan Department of
Community Health's Lead-Based Paint Activities Program to apply in the
State of Michigan, effective November 1, 1999, in lieu of the
corresponding Federal program under section 402 of TSCA.
DATES: Based upon the State's self-certification, Lead-Based Paint
Activities Program authorization was granted to the State of Michigan
effective on November 1, 1999.
FOR FURTHER INFORMATION CONTACT: David A. Turpin, Project Officer,
Environmental Protection Agency, Region V, 77 W. Jackson Blvd., DT-8J,
Chicago, IL 60604; telephone: (312) 886-7836; 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 Michigan. 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
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,'' ``Regulations and Proposed Rules, '' 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 control number PB-402404A-MI specifically
referenced in this action, this notice, the State of Michigan
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, Environmental Protection Agency, Waste, Pesticides
and Toxics Division, Pesticides and Toxic Substances Branch, Toxics
Program Section, DT-8J, 77 West Jackson Boulevard, Chicago, IL 60604.
II. Background
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), entitled 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. 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, EPA issued section 402/404 regulations (40 CFR part 745)
governing lead-based paint activities in target housing and child-
occupied facilities. 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 (TSCA section 404(b), 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.
Under these regulations, a State must demonstrate that it has the
legal authority and ability to immediately implement certain elements,
including legal authority for accrediting training providers,
certification of individuals, work practice standards and pre-
renovation notification, authority to enter, and flexible remedies. In
order to receive final approval, the State must be able to demonstrate
that it is able to immediately implement the remaining performance
elements, including training, compliance assistance, sampling
techniques, tracking tips and complaints, targeting inspections, follow
up to inspection reports, and compliance monitoring and enforcement.
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 section 404(c) of TSCA, the EPA 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 General Accounting Office
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 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.
[[Page 1988]]
Dated: December 21, 2000.
David A. Ullrich,
Acting Regional Administrator, Region V.
[FR Doc. 01-577 Filed 1-9-01; 8:45 am]
BILLING CODE 6560-50-S