67 FR 188 pgs. 61102-61103 - Lead-Based Paint Activities in Target Housing and Child-OccupiedFacilities; State of Illinois Authorization of Lead-Based Paint Activities Program
Type: NOTICEVolume: 67Number: 188Pages: 61102 - 61103
Docket number: [OPPT-2002-0038; FRL-7188-1]
FR document: [FR Doc. 02-24649 Filed 9-26-02; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2002-0038; FRL-7188-1]
Lead-Based Paint Activities in Target Housing and Child-OccupiedFacilities; State of Illinois Authorization of Lead-Based Paint Activities Program
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice; final approval of the Illinois TSCA Section 402/404 Lead-Based Paint Accreditation and Certification Program.
SUMMARY:
On October 12, 2001, the State of Illinois, through the Illinois Department of Public Health (IDPH), submitted anapplication for EPA final approval to administer and enforce trainingand certification requirements, training program accreditationrequirements, and work practice standards for lead-based paintactivities in target housing and child-occupied facilities undersection 402 of the Toxic Substances Control Act (TSCA). This notice announcesthe approval of Illinois' application, and the authorization of the Illinois Department of Public Health's lead-based paint program to apply in the State of Illinois effective April 11, 2002, in lieu of the Federal program under section 402 of TSCA.
DATES:
Lead-based paint activities program authorization was granted to the State of Illinois effective April 11, 2002.
FOR FURTHER INFORMATION CONTACT:
By mail: Larisa Leonova, State of Illinois Project Officer, Pesticides and Toxics Branch, (DT-8J), Environmental Protection Agency, Region V, 77 West Jackson Blvd., Chicago, IL 60604; telephone: (312) 353-5838; e-mail address:leonova.larisa@epamail.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 to firms and individuals engaged in lead-basedpaint activities in Illinois. Since other entities may also beinterested, the Agency has not attempted to describe all the specificentities that may be affected by this action. If you have any questionsregarding 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 thisDocument or Other Related Documents?
1. Electronically . You may obtain electronic copies of this Federal Register notice 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" 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 ID number OPPT-2002-0038. The official record consists of the documents specifically referenced in thisaction, this notice, the State of Illinois' authorization application,any public comments received during an applicable comment period, andother information related to this action, including any informationclaimed as Confidential Business Information (CBI). This officialrecord includes the documents that are physically located in thedocket, as well as the documents that are referenced in thosedocuments. The public version of the official record does not includeany information claimed as CBI. The public version of the officialrecord, which includes printed, paper versions of any electroniccomments submitted during an applicable comment period, is availablefor inspection from 8 a.m. to 4:30 p.m., Monday through Friday,excluding legal holidays. The docket is located at the EPA Region VOffice, Waste, Pesticides and ToxicsDivision, Pesticides and Toxics Branch, Toxics Program Section, (DT-8J), 77 West Jackson Blvd., Chicago, IL 60604.
II. Background
A. What Action is the Agency Taking?
EPA issued correspondence to the Illinois Department of Public Health dated May 6, 1999, which granted a 3-year interim approval of the Illinois Lead Poisoning Prevention Program. The interim approval authorized the Department to enforce the Illinois Lead Poisoning Prevention Act (LPPA), 410 ILCS 45, and Lead Poisoning Prevention Code (LPPC), 77 Ill Adm. Code 845, in lieu of the Federal program. The effective date of the interim approval was April 16, 1999 (published by EPA in the Federal Register of February 29, 2000 (65 FR 10787) (FRL-6399-4). As a condition of the interim approval, the Department was required to submit a request for full (final) approval of the Illinois Program at least 180 days prior to the expiration of the 3-year interim approval.
Illinois applied for final approval and authorization to enforce its Lead Poisoning Prevention Program on October 12, 2001. The Department provided amended copies of the LPPA, LPPC, and the program policies that govern the administration of the program. Copies of the correspondence from the Illinois Attorney General's office indicating the inapplicability of the Illinois Environmental Audit Privilege Law to the Illinois LPPA and EPA's response accepting the opinion offered by the Illinois Attorney General's office were also included with this application. These materials resolved the only remaining issue dealing with the applicability of the Illinois Environmental Audit Privilege Law to the enforcement of the LPPA and LPPC and removed the legal barriers for final EPA approval.
Notice of Illinois' application, a solicitation for public comment regarding the application, and background information supporting the application was published in the Federal Register of January 11, 2002 (67 FR 1465) (FRL-6815-5). As determined by EPA's review and assessment, Illinois' application successfully demonstrated that the State's Lead-Based Paint Activities Program achieved the protectiveness and enforcement criteria, as required for Federal authorization. Furthermore, no public comments were received regarding any aspect of the Illinois program and/or application.
B. What is the Agency's Authority for Taking this Action?
On October 28, 1992, the Housing and Community Development Act of1992, Public Law 102-550, became law. Title X of that statute was theResidential Lead-Based Paint Hazard Reduction Act of 1992. That Actamended 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 authorizes and directs EPA to promulgate finalregulations governing lead-based paint activities in target housing,public and commercial buildings, bridges, and other structures. Thoseregulations are to ensure that individuals engaged in such activitiesare properly trained, that training programs are accredited, and thatindividuals engaged in these activities are certified and followdocumented work practice standards. Under section 404 of TSCA, a Statemay 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 promulgatedfinal TSCA section 402/404 regulations governing lead-based paintactivities in target housing and child-occupied facilities. Thoseregulations are codified at 40 CFR part 745, and allow both States andIndian Tribes to apply for program authorization. Pursuant to section404(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 authorizationmust submit a complete application to the appropriate Regional EPAOffice for review. Those applications will be reviewed by EPA within180 days of receipt of the complete application. To receive EPAapproval, a State or Tribe must demonstrate that its program is atleast as protective of human health and the environment as the Federalprogram, 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 meetin order to obtain EPA approval.
A State may choose to certify that its lead-based paint activitiesprogram meets the requirements for EPA approval, by submitting a lettersigned by the Governor or Attorney General stating that the programmeets the requirements of section 404(b) of TSCA. Upon submission ofsuch certification letter, the program is deemed authorized. Thisauthorization becomes ineffective, however, if EPA disapproves theapplication 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 Stateor Tribal program. Therefore, EPA reserves the right to exercise itsenforcement authority under TSCA against a violation of, or a failureor refusal to comply with, any requirement of an authorized State orTribal 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. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 as amended bythe Small Business Regulatory Enforcement Fairness Act of 1996,generally provides that before certain actions may take effect, theagency promulgating the action must submit a report, which includes acopy of the action, to each House of the Congress and to theComptroller General of the United States. EPA will submit a reportcontaining this action and other required information to the U.S.Senate, the U.S. House of Representatives, and the Comptroller Generalof the United States prior to publication of this document in the Federal Register . This action is not a ``major rule'' as defined by 5U.S.C. 804(2).
List of Subjects
Environmental protection, Hazardous substances, Lead, Reporting andrecordkeeping requirements.
Dated: August 27, 2002.
Bharat Mathur,
Acting Regional Administrator, Region V.
[FR Doc. 02-24649 Filed 9-26-02; 8:45 am]
BILLING CODE 6560-50-S