[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Notices]
[Pages 39385-39386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14369]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-2002-0024; FRL-7178-7]
Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Colorado Authorization of Lead-Based Paint
Activities Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final approval of the State of Colorado Lead-Based
Paint Activities Program.
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SUMMARY: On September 28, 2001, the State of Colorado submitted a
self-certification letter stating that Colorado's Lead-Based Paint
Abatement Program meets the requirements for approval of a State
program under section 404 of TSCA and that Colorado has the legal
authority and ability to implement the appropriate elements to enforce
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 the Toxic Substances Control Act (TSCA). Today's notice
announces the authorization of the State of Colorado Lead-Based Paint
Activities Program to apply in the State of Colorado effective
September 28, 2001.
DATES: The Lead-Based Paint Activities Program authorization was
granted to
[[Page 39386]]
the State of Colorado effective on September 28, 2001.
FOR FURTHER INFORMATION CONTACT: Dave Combs, Regional Toxics Team
Leader, Environmental Protection Agency, Region VIII, 999 18th St.,
Suite 300, 8P-P3T, Denver, CO 80202-2466; telephone: 303-312-6021; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. 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.
2681-92), 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. 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 (15 U.S.C. 2684), a State may seek authorization from EPA to
administer and enforce its own lead-based paint activities program.
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). 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. Those applications will be reviewed by EPA 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 approval.
On December 21, 1998, the State of Colorado submitted an
application for EPA interim approval to administer and enforce the
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. Colorado 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 possesses the legal
authority and ability to implement the appropriate elements necessary
to receive interim enforcement approval. Based upon the State's self-
certification, Lead-Based Paint Activities Interim Program
Authorization was granted to the State of Colorado effective on
December 21, 1998.
On September 7, 1999 (64 FR 48618) (FRL-6099-1), EPA published a
notice in the Federal Register granting interim-approval of the
Colorado TSCA section 402/404 Lead-Based Paint Accreditation and
Certification Program. Full-approval was not granted at the time due to
the State of Colorado's Environmental Audit Privilege and Penalty
Immunity Statute, sometimes known as S.B. 94-139 (codified at sections
13-25-126.5, 13-90-107(1)(j), and 25-1--114-5, C.R.S.). This statute
impaired the State's ability to fully administer and enforce the lead-
based paint program. Interim compliance and enforcement approval was
granted to provide the State the opportunity to address problems and
issues associated with its Environmental Audit Privilege and Penalty
Immunity Statute. During the 2000 Legislative Session, the Colorado
State Legislature amended the State's Environmental Audit Privilege and
Immunity Statute. On May 30, 2000, EPA and the State of Colorado signed
a Memorandum of Agreement resolving all of the issues with the State's
Environmental Audit Privilege and Immunity Statute. Based upon the
revised Statute and the Memorandum of Agreement between Colorado and
EPA, the legal barriers for final EPA approval of Colorado's Lead Based
Paint Abatement and Certification Program have been removed.
Notice of Colorado's application, a solicitation for public comment
regarding the application, and background information supporting the
application was published in the Federal Register of March 6, 2002 (67
FR 10205) (FRL-6823-2). As determined by EPA's review and assessment,
Colorado'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 any aspect of
Colorado's application.
II. Federal Overfiling
TSCA section 404(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).
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and
recordkeeping requirements.
Dated: May 14, 2002.
Robbie E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 02-14369 Filed 6-6-02; 8:45 am]
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