[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6087-6088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02168]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OPPT-2014-0360; FRL-9922-56-Region-5]


TSCA Sections 402(a), 402(c), and 406(b) Program Authorization

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval.

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SUMMARY: On May 19, 2014, the Bois Forte Band of Chippewa (Bois Forte) 
submitted a complete application under section 404 of the Toxic 
Substances Control Act (TSCA) requesting authorization to administer 
and enforce the requirements for TSCA sections 402(a), 402(c), and 
406(b) in accordance with the provisions of TSCA for trust lands 
located within the exterior boundaries of the reservation. Notice of 
the Bois Forte application, a solicitation for public comment regarding 
the application and background information supporting the application 
was published in the Federal Register of June 23, 2014. Today's notice 
announces the approval of Bois Forte's application, and the 
authorization of the Bois Forte Band of Chippewa's TSCA sections 
402(a), 402(c) and 406(b) programs, to apply on the Bois Forte 
reservation, effective November 13, 2014, in lieu of the corresponding 
federal programs.

DATES: Lead-based paint activities and renovation program authorization 
was granted to the Bois Forte Band of Chippewa effective on November 
13, 2014.

FOR FURTHER INFORMATION CONTACT: Emma Avant, Land and Chemicals 
Division (LCD), Toxics Section, U.S. Environmental Protection Agency, 
77 W. Jackson Boulevard, Chicago, IL 60604; telephone number: (312) 
886-7899; email address: <a href="/cdn-cgi/l/email-protection#c6a7b0a7a8b2e8a3ababa786a3b6a7e8a1a9b0"><span class="__cf_email__" data-cfemail="8cedfaede2f8a2e9e1e1edcce9fceda2ebe3fa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to Title IV of TSCA, Lead Exposure Reduction, 15 U.S.C. 
2681-2692, and regulations promulgated thereunder, States and Tribes 
that choose to apply for authorization of a lead-based paint activities 
program (TSCA Section 402(a) and 40 CFR part 745, subpart L) and a 
renovation program (TSCA Sections 402(c) and 406(b) and 40 CFR part 
745, subpart E) must submit a complete application to the appropriate 
Regional EPA office for review. Complete, final applications will be 
subject to a public comment period, and reviewed by EPA within 180 days 
of receipt. 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 will provide for adequate 
enforcement. As determined by EPA's review and assessment, the Bois 
Forte application successfully demonstrated that the Tribe's lead-based 
paint activities and renovation programs achieve the protectiveness and 
enforcement criteria, and have otherwise satisfied the statutory 
criteria required for federal authorization. Furthermore, no public 
comments were received, during or following the public comment period, 
regarding any aspect of the Bois Forte application. EPA announced 
solicitation for public comment regarding the application in the 
Federal Register of June 23, 2014 (79 FR 35540) (FRL-9912-59-Region 5: 
EPA-R05-OPPT-2014-0360).

II. Federal Overfilling

    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 the Bois Forte Lead 
Program to the extent that such requirement is consistent with federal 
law.

III. Withdrawal of Authorization

    Pursuant to TSCA section 404(c), 15 U.S.C. 2684(c), the 
Administrator may withdraw a State or Tribal 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).

[[Page 6088]]

IV. Regulatory Assessment Requirements

Certain Acts and Executive Orders

    EPA's actions on State or Tribal lead-based paint activities, 
renovation, and pre-renovation education program applications are 
informal adjudications, not rules. Therefore, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Does not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L.104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because this action does not involve technical standards; and
    <bullet> Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    This action does have tribal implications as specified by Executive 
Order 13175 (FR 67249, November 9, 2000). Although this action is not a 
regulatory, legislative or policy action, and although this action will 
not impose substantial direct costs on tribal governments or preempt 
tribal law, this action may be considered an ``other'' action as 
included in the definition of ``Policies that have tribal 
implications'' in Section 1 of Executive Order 13175. In the process 
that lead to this action, EPA adhered to the criteria in Section 3, as 
applicable, in Executive Order 13175.

List of Subjects

    Environmental Protection, Hazardous Substances, Lead, Renovation 
Notification, Reporting and Recordkeeping requirements.

    Dated: January 15, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-02168 Filed 2-3-15; 8:45 am]
BILLING CODE 6560-50-P


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