[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Notices]
[Page 35666-35667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-81]
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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: ross.barbara@epa.gov.
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
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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