66 FR 7 pgs. 1986-1988 - Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Stateof Michigan Approval of Lead-Based Paint Activities Program
Type: NOTICEVolume: 66Number: 7Pages: 1986 - 1988
Docket number: [PB-402404A-MI; FRL-6751-5]
FR document: [FR Doc. 01-577 Filed 1-9-01; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[PB-402404A-MI; FRL-6751-5]
Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Stateof Michigan Approval of Lead-Based Paint Activities Program
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
On November 1, 1999, the State of Michigan, through theMichigan Department of Community Health, submitted an application for EPA approval to administer and enforce training and certification requirements, training program accreditationrequirements, and work practice standards for lead-based paint activities in target housing andchild-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 ofhuman health and the environment as the Federal program and it has the legal authority andability to implement the appropriate elements necessary to receive EPA approval. In the Federal Register of April 20, 2000 (FRL-6494-6), EPA publisheda notice announcing receipt of the State's application and requesting public comment and/oropportunity for a public hearing on the State's application. EPA did not receive any commentsregarding any aspect of the Michigan program and/or application. Today's notice announces theapproval of the Michigan application, and the authorization of the Michigan Department ofCommunity 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: turpin.david@epa.gov.
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 tofirms and individuals engaged in lead-based paint activities in Michigan. Since other entitiesmay also be interested, the Agency has not attempted to describe all the specific entities that maybe affected by this action. If you have any questions regarding the applicability of this action toa particular entity, consult the person listed under FOR FURTHER INFORMATIONCONTACT .
B. How Can I Get Additional Information, Including Copies of this Document or OtherRelated Documents?
1. Electronically . You may obtain electronic copies of this document, andcertain other related documents that might be available electronically, from the EPA InternetHome 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 " FederalRegister -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 actionunder docket control number PB-402404A-MI specifically referenced in this action,this notice, the State of Michigan authorization application, any public comments receivedduring an applicable comment period, and other information related to this action, including anyinformation claimed as Confidential Business Information (CBI). This official record includesthe documents that are physically located in the docket, as well as the documents that arereferenced in those documents. The public version of the official record does not include anyinformation 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, isavailable for inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legalholidays. The docket is located at the EPA Region V Office, Environmental Protection Agency,Waste, Pesticides and Toxics Division, Pesticides and Toxic Substances Branch, Toxics ProgramSection, DT-8J, 77 West Jackson Boulevard, Chicago, IL 60604.
II. Background
On October 28, 1992, the Housing and Community Development Act of 1992, Public Law102-550, became law. Title X of that statute was the Residential Lead-Based PaintHazard Reduction Act of 1992. That Act amended TSCA (15 U.S.C. 2601 etseq .) by adding Title IV (15 U.S.C. 2681-2692), entitled Lead ExposureReduction . Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA topromulgate final regulations governing lead-based paint activities in target housing, public andcommercial buildings, bridges and other structures. Under section 404 of TSCA, a State mayseek authorization from EPA to administer and enforce its own lead-based paint activitiesprogram. On August 29, 1996, EPA issued section 402/404 regulations (40CFR part 745) governing lead-based paint activities in target housing and child-occupiedfacilities. States and Tribes that choose to apply for program authorization must submit acomplete application to the appropriate Regional EPA Office for review. To receive EPAapproval, a State or Tribe must demonstrate that its program is at least as protective of humanhealth 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 EPAapproval.
Under these regulations, a State must demonstrate that it has the legal authority and abilityto immediately implement certain elements, including legal authority for accrediting trainingproviders, 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 beable to demonstrate that it is able to immediately implement the remaining performanceelements, including training, compliance assistance, sampling techniques, tracking tips andcomplaints, targeting inspections, follow up to inspection reports, and compliance monitoringand enforcement.
III. Federal Overfiling
Section 404(b) of TSCA makes it unlawful for any person to violate, or fail or refuse tocomply with, any requirement of an approved State or Tribal program. Therefore, EPA reservesthe right to exercise its enforcement authority under TSCA against a violation of, or a failure orrefusal 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 Triballead-based paint activities program authorization, after notice and opportunity for correctiveaction, if the program is not being administered or enforced in compliance with standards,regulations, and other requirements established under the authorization. The procedures EPAwill 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 SmallBusiness Regulatory Enforcement Fairness Act of 1996, generally provides that before certainactions may take effect, the agency promulgating the action must submit a report, which includesa copy of the action, to each House of the Congress and to the Comptroller General of the UnitedStates. EPA will submit a report containing this action and other required information to theU.S. Senate, the U.S. House of Representatives, and the Comptroller General of the UnitedStates prior to publication of this document in the Federal Register . This actionis not a "major rule" as defined by 5 U.S.C. 804(2).
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting and recordkeepingrequirements.
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