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Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; State of Illinois Interim Approval of Lead-Based Paint Activities Program

 [Federal Register: February 29, 2000 (Volume 65, Number 40)]
[Notices]
[Page 10787-10789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29fe00-65]

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ENVIRONMENTAL PROTECTION AGENCY

[PB-402404-IL-A; FRL-6399-4]


Lead-Based Paint Activities in Target Housing and Child-Occupied
Facilities; State of Illinois Interim Approval of Lead-Based Paint
Activities Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; interim approval of the Illinois TSCA Section 402/404
Lead-Based Paint Accreditation and Certification Program.

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SUMMARY: On April 16, 1999, the State of Illinois, through the Illinois
Department of Public Health, completed 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). Illinois 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
interim enforcement approval. In the Federal Register of September 1,
1999 (64 FR 47807) (FRL-6087-1), EPA published a notice announcing
receipt of the State's 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

[[Page 10788]]

Illinois program and/or application. Today's notice announces the
approval of the Illinois application, and the authorization of the
Illinois Department of Public Health's Lead-Based Paint Activities
Program to apply in the State of Illinois, effective April 16, 1999, in
lieu of the corresponding Federal program under section 402 of TSCA.
This authorization provides interim approval for the compliance and
enforcement program portion of Illinois' lead-based paint program. All
elements for final compliance and enforcement program approval must be
fully implemented no later than April 16, 2002.

DATES: Based upon the State's self-certification, Lead-Based Paint
Activities Program authorization was granted to the State of Illinois
effective on April 16, 1999. Interim approval for the compliance and
enforcement portion of the program will expire on April 16, 2002.

FOR FURTHER INFORMATION CONTACT: Marlyse Wiebenga, Project Officer,
Environmental Protection Agency, Region V, 77 W. Jackson Blvd., DT-8J,
Chicago, IL 60604. Telephone: 312-886-4437; e-mail address:
wiebenga.marlyse@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-based
paint activities in Illinois. 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'' 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-402404-IL. The official
record consists of the documents specifically referenced in this
action, this notice, the State of Illinois' 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, Toxic Programs
Section, DT-8J, 77 West Jackson Blvd, Chicago, IL.

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.
2681-92), 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
(61 FR 45777) (FRL-5389-9), EPA promulgated final TSCA 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, regarding interim compliance and
enforcement approval (40 CFR 745.327(a)(1)), 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.
    EPA believes that the State of Illinois' audit privilege statute
(415 Illinois Compiled Statutes 5/52.2), may impair the State's ability
to fully administer and enforce its lead-based paint program. Interim
compliance and enforcement approval will provide the State the
opportunity to address problems and issues associated with the State's
audit privilege law as well as the development and implementation of
required performance elements under 40 CFR 745.327(c). EPA will work
with the State during this interim approval period to remedy any
deficiencies in its laws or implementation of the required performance
elements. Interim approval of the compliance and enforcement program
portion of the State's program may be granted only once. EPA's interim
approval of the compliance and enforcement program portion of the
State's program expires on April 16, 2002.
    If Illinois does not meet the requirements for final approval of
its compliance and enforcement program by April 16, 2002, EPA may be
compelled to initiate the process to withdraw Illinois' interim
authorization pursuant to 40 CFR 745.324(i). If Illinois has made
modifications to its audit privilege law necessary to meet the minimum
requirements of its federally authorized environmental programs, this
law will no longer present a barrier to final approval of its lead-
based paint activities program. In order to maintain authorization, all
program and enforcement elements, including all reporting requirements,
must be met pursuant to the terms identified in Illinois' application.

[[Page 10789]]

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.

    Dated: February 4, 2000.
Francis X. Lyons
Regional Administrator, Region V.
[FR Doc. 00-4788 Filed 2-28-00; 8:45 am]
BILLING CODE 6560-50-F

 
 

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