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35666 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
enables subscribers to receive e-mail Agency, Region 10, AWT–128, 1200 (section 404(b) of TSCA, 15 U.S.C. 2684
notification when a document is added Sixth Avenue, Seattle, WA 98101; (b)).
to a subscribed docket(s). For assistance telephone: (206) 553–1985; e-mail EPA’s regulations (40 CFR part 745,
with any FERC Online service, please e- address: ross.barbara@epa.gov. subpart Q) provide the detailed
mail FERCOnlineSupport@ferc.gov. or SUPPLEMENTARY INFORMATION: requirements a State or Tribal program
call (866) 208–3676 (toll free). For TTY, must meet in order to obtain EPA
call (202) 502–8659. I. General authorization.
A. Does this Notice Apply to Me? A State may choose to certify that its
Linda Mitry, lead-based paint activities program
Deputy Secretary. This notice is directed to the public meets the requirements for EPA
[FR Doc. E5–3204 Filed 6–20–05; 8:45 am] in general. This notice may, however, be authorization, by submitting a letter
BILLING CODE 6717–01–P of interest to firms and individuals signed by the Governor or the Attorney
engaged in lead-based paint activities in General stating that the program meets
Washington. Since other entities may the requirements of section 404(b) of
ENVIRONMENTAL PROTECTION also be interested, the Agency has not TSCA. Upon submission of such
AGENCY attempted to describe all the specific certification letter, the program is
entities that may be affected by the deemed authorized until such time as
[FRL–7925–4] notice. If you have any questions EPA disapproves the program
regarding the applicability of this notice application or withdrawals the program
Lead-Based Paint Activities; State of to a particular entity, consult the person
Washington Lead-Based Paint authorization.
listed under FOR FURTHER INFORMATION In accordance with 40 CFR
Program CONTACT. 745.324(d), ‘‘Program Certification,’’ the
AGENCY: Environmental Protection B. Summary Governor of Washington submitted a
Agency. self-certification letter to the EPA
On October 28, 1992, the Housing and Administrator on June 17, 2004,
ACTION: Notice; final approval of the
Community Development Act of 1992, certifying that the State program meets
State of Washington Lead-Based Paint
Public Law 102–550, became law. Title the requirements contained in 40 CFR
Activities Program.
X of that statute was the Residential 745.324(e)(2)(i) and (e)(2)(ii). Included
SUMMARY: On June 18, 2004, EPA Lead-Based Paint Hazard Reduction Act in the application was a letter from the
received an application from the State of of 1992. The Act amended TSCA (15 Attorney General of Washington,
Washington requesting authorization to U.S.C. 2601 et seq.) by adding Title IV certifying that the laws and regulations
administer a Program in accordance (15 U.S.C. 2681–92), titled ‘‘Lead of the State provided adequate legal
with section 402 of the Toxic Exposure Reduction.’’ authority to administer and enforce
Substances Control Act (TSCA). Section 402 of TSCA (15 U.S.C. 2682) TSCA section 402.
Included in the application was a letter authorizes and directs EPA to As determined by EPA’s review and
signed June 10, 2004, by the Governor promulgate final regulations governing assessment, Washington’s application
of Washington, stating that the State’s lead-based paint activities in target successfully demonstrated that the
Lead-Based Paint Abatement Program is housing, public and commercial State’s Lead-Based Paint Activities
at least as protective of human health buildings, bridges and other structures. Program achieves the protectiveness and
and the environment as the Federal On August 29, 1996 (61 FR 45777) enforcement criteria, as required for
program under TSCA section 402. Also, (FRL–5389–9), EPA promulgated final Federal authorization. Therefore, as of
included was a letter from the Attorney TSCA section 402/404 regulations June 10, 2004 the State of Washington
General of Washington, certifying that governing lead-based paint activities in is authorized to administer and enforce
the laws and regulations of the State target housing and child-occupied the lead-based paint program under
provided adequate legal authority to facilities (a subset of public buildings). TSCA section 402.
administer and enforce TSCA section These regulations are to ensure that
402. Washington certifies that its individuals engaged in such activities II. Federal Overfiling
program meets the requirements for are properly trained, that training TSCA section 404(b) (15 U.S.C.
approval of a State program under programs are accredited, and that 2684(b)) makes it unlawful for any
section 404 of TSCA and that individuals engaged in these activities person to violate, or fail or refuse to
Washington has the legal authority and are certified and follow documented comply with, any requirement of an
ability to implement the appropriate work practice standards. approved State or Tribal program.
elements necessary to enforce the Under section 404 (15 U.S.C. 2684), a Therefore, EPA reserves the right to
program. Therefore, pursuant to section State or Indian Tribe may seek exercise its enforcement authority under
404, the program is deemed authorized authorization from EPA to administer TSCA against a violation of, or a failure
as of the date of submission. Today’s and enforce its own lead-based paint or refusal to comply with, any
notice announces the authorization of activities program. requirement of an authorized State or
the State of Washington Lead-Based States and Tribes that choose to apply Tribal program.
Paint Activities Program to apply in the for program authorization must submit
a complete application to the III. Withdrawal of Authorization
State of Washington effective June 10,
2004. appropriate Regional EPA Office for Pursuant to TSCA section 404(c), the
review. EPA will review those Administrator may withdraw a State or
DATES: The Lead-Based Paint Activities applications within 180 days of receipt Tribal lead-based paint activities
Program authorization was granted to of the complete application. To receive program authorization, after notice and
the State of Washington on June 10, EPA approval, a State or Tribe must opportunity for corrective action, if the
2004. demonstrate that its program is at least program is not being administered or
FOR FURTHER INFORMATION CONTACT: as protective of human health and the enforced in compliance with standards,
Barbara Ross, Regional Lead environment as the Federal program, regulations, and other requirements
Coordinator, Environmental Protection and provides for adequate enforcement established under the authorization. The
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