41430 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 745

[OPPTS–62157; FRL–5796–1]

RIN 2070–AC64

Lead; Minor Amendment to the Grant

Provision in the Lead-Based Paint

Activities Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: The Agency is revising the

grant provision included in the LeadBased Paint Activities Rule, which was

finalized on August 29, 1996.

Specifically, EPA is correcting an

anomaly created by the original

language of 40 CFR 745.330 by

clarifying that grants may be awarded to

States and Tribes for the purpose of

developing, as well as carrying out

authorized programs to ensure that

individuals employed in lead-based

paint activities are properly trained; that

training programs are accredited; and

that contractors employed in such

activities are certified. Although this

revision is being made effective upon

publication, the Agency is still

interested in receiving comments on

this action. Any comments received will

be considered prior to the issuance of

any subsequent amendment to this

provision.

DATES: This action is effective August 4,

1998. Any comments received by

September 3, 1998 will be considered in

any subsequent amendments.

ADDRESSES: Comments may be

submitted by U.S. mail, electronically,

or in person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION

section of this document.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Susan B.

Hazen, Director, Environmental

Assistance Division (7408), Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: 202–554–1404; TDD: 202–

554–0551; e-mail: TSCAHotline@epa.gov. For technical

information contact: Betty L. Weiner,

Office of Pollution Prevention and

Toxics (7404), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460; telephone: 202–260–2924, email: weiner.betty@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Important General Information

A. Does This Notice Apply to Me?

You may be potentially affected by

this action if you are a State, the D.C.

government, or an Indian Tribe. This

interim final rule clarifies the eligibility

conditions for entities that apply for

grants to develop their own authorizable

lead-based paint programs or to carry

out programs authorized by EPA. This

action only affects States, the D.C.

government, and Indian Tribes that

voluntarily decide to apply for grants.

Category Examples

of Entities Effect of Action

State and

Tribal

Governments

States,

D.C.

Government,

and Indian

Tribes

Eligible for grants

to develop and

carry out their

own

authorizable or

authorized

lead-based

paint program

This table is intended to provide a

guide for readers likely to be affected by

this action. To determine whether your

agency is affected, you should carefully

examine the Requirements for LeadBased Paint Activities at 40 CFR part

745, subparts L and Q. If you have any

questions regarding the applicability of

this action to a particular entity, consult

the technical person listed in the ‘‘FOR

FURTHER INFORMATION CONTACT’’

section.

B. How Can I Get Additional

Information or Copies of This Document

or Other Support Documents?

1. Electronically. You may obtain

electronic copies of this document from

the EPA internet Home Page at the

Federal Register--Environmental

Documents entry for this document

which can be found under ‘‘Laws and

Regulations’’ (http://www.epa.gov/

fedrgstr/).

2. In person or by phone. If you have

any questions or need additional

information about this action, please

contact the technical person identified

in the ‘‘FOR FURTHER INFORMATION

CONTACT’’ section. In addition, the

official record for this action, as well as

the public version, has been established

under docket control number OPPTS–

62157, (including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of any

electronic comments, which does not

include any information claimed as CBI,

is available for inspection in Rm. B607,

Northeast Mall, 401 M St., SW.,

Washington, DC, from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The OPPT Document Control

Office telephone number is 202–260–

7093.

C. How and To Whom Do I Submit

Comments To?

You may submit comments through

the mail, in person, or electronically. Be

sure to identify the docket control

number OPPTS–62157 in your

correspondence.

1. By mail. Submit written comments

to: Environmental Protection Agency,

Document Control Office (7407), Office

of Pollution Prevention and Toxics

(OPPT), Rm. G-099, 401 M St., SW.,

Washington, DC 20460.

2. In person or by courier. Deliver

written comments to: Environmental

Protection Agency, OPPT Document

Control Office in Rm. G-099, East

Tower, 401 M St., SW., Washington, DC,

telephone: 202–260–7093.

3. Electronically. Submit your

comments and/or data electronically by

e-mail to: oppt.ncic@epa.gov. Please

note that you should not submit any

information electronically that you

consider to be CBI. Electronic comments

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. Comments

and data will also be accepted on

standard computer disks in Wordperfect

5.1/6.1 or ASCII file format. All

comments and data in electronic form

must be identified by the docket control

number OPPTS–62157. Electronic

comments on this interim final rule may

also be filed online at many Federal

Depository Libraries.

D. How Should I Handle CBI in My

Comments?

You may claim information in the

comment that you submit in response to

this document as CBI by marking any

part or all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

will be included in the public docket by

EPA without prior notice. If you have

any questions about CBI or the

procedures for claiming CBI, please

consult with the technical contact

person identified in the ‘‘FOR

FURTHER INFORMATION CONTACT’’

section.

II. Background

The Residential Lead-Based Paint

Hazard Reduction Act of 1992 (Title X)
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations 41431

amended the Toxic Substances Control

Act (TSCA) by adding a new Title IV.

Several sections of Title X directed EPA

to promulgate regulations aimed at

fulfilling the purposes of Title X. These

included TSCA section 402, Lead-Based

Paint Activities Training and

Certification, which directed EPA to

promulgate a regulation to govern the

training and certification of individuals

engaged in lead-based paint activities

and the accreditation of training

programs and standards for conducting

lead-based paint activities. Section 404

of TSCA required that EPA establish

procedures for States and Indian Tribes

seeking to establish their own programs

for lead-based paint activities. On

August 29, 1996 (61 FR 45778) (FRL–

5389–9), EPA promulgated a final rule

under sections 402 and 404 of TSCA for

‘‘Lead; Requirements for Lead-Based

Paint Activities in Target Housing and

Child-Occupied Facilities’’ at 40 CFR

part 745.

III. Legal Authority

EPA is taking this action under the

authority of sections 402 and 404 of

Title IV of TSCA (15 U.S.C. 2682).

Section 402 required the Agency to

promulgate regulations for the

accreditation of training programs and

the certification of contractors engaged

in lead-based paint activities. Section

404 required the Agency to promulgate

regulations for the approval of State and

Tribal programs. These regulations were

published on August 29, 1996, at 40

CFR part 745, subparts L and Q.

IV. Issuance of this Action as an

Interim Final Rule

Actions that are related to grants are

exempt from notice and comment

rulemaking under section 553(a)(2) of

the Administrative Procedure Act (5

U.S.C. 553(a)(2)). EPA is therefore

issuing this action as an interim final

rule that is effective upon publication in

the Federal Register. Although not

required, EPA is nevertheless providing

an opportunity for the public to submit

comment on this revision, and any

comments received will be considered

as the Agency works to consolidate the

grant provisions in 40 CFR part 745,

with the other Agency grant provisions

that appear at 40 CFR part 31.

V. Summary of Revision Being Made

Currently, 40 CFR 745.330 reads as

follows:

The Administrator, or a designated

equivalent, may make grants to States and

Indian Tribes, that meet the requirements of

§ 745.324(e)(2)(i) and (e)(2)(ii), under section

404(g) of the Toxic Substances Control Act

(TSCA) to develop and carry out programs

authorized pursuant to this subpart. Grants

made under this section are subject to the

requirements of 40 CFR part 31.

As currently written, § 745.330

unintentionally restricts the category of

potential grant recipients to only those

States and Tribes whose programs are

either authorized by EPA at the time

they apply for the grant or eligible for

authorization by EPA at the time they

apply for the grant, i.e., ‘‘authorizable.’’

Section 404(g), in contrast, gives EPA

the authority to make grants ‘‘to develop

and carry out authorized State

programs’’ (emphasis added). While

EPA could have chosen to award section

404(g) grants for a more limited range of

purposes than permitted by the statute,

the Agency never intended to restrict its

award of grants under section 404(g) for

developing programs to those States and

Tribes that already have authorized or

authorizable programs. In most cases, a

grant to develop a State or Tribal

program is most appropriately made

before the State’s program is authorized

or authorizable. Generally, the purpose

of such a development grant is to assist

the State or Tribe in developing its

program so that it will be eligible for

authorization.

This action corrects the anomaly

created by the original language of

§ 745.330 by clarifying that grants may

be awarded to States and Tribes for the

purpose of developing as well as

carrying out authorized programs to

ensure that individuals employed in

lead-based paint activities are properly

trained; that training programs are

accredited; and that contractors

employed in such activities are

certified.

VI. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

this action is not a ‘‘significant

regulatory action’’ subject to review by

the Office of Management and Budget

(OMB), because this action only clarifies

State and Tribe eligibility for Federal

grants.

B. Regulatory Flexibility Act

Under section 601(2) of the

Regulatory Flexibility Act (RFA), 5

U.S.C. 601 et seq., the Agency is not

required to consider the potential small

entity impacts of rules for which the

Agency does not publish a notice of

proposed rulemaking. As indicated in

Unit III. of this preamble, actions related

to grants are exempt from the notice and

comment rulemaking requirements by

section 553(a)(2) of the Administrative

Procedure Act. Nevertheless, the

Agency hereby certifies under section

605(b) of the RFA, that this action will

not have a significant economic impact

on a substantial number of small

entities. In 1996, the Agency considered

the potential impacts of the grant

provision on small entities as a part of

the impact analysis that was conducted

for 40 CFR part 745 under sections 402

and 404 of TSCA. This action merely

clarifies for States and Tribes their

eligibility for Federal grants, and does

not change that original asssessment.

EPA will provide this information to the

Small Business Administration’s Office

of Advocacy upon request.

C. Paperwork Reduction Act

This action does not contain any

information collection requirements that

require additional approval by OMB

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq. The

information collection requirements

associated with 40 CFR part 745 are

approved by OMB under OMB control

number 2070-0155 (EPA ICR number

1715). Since there are no new

information collection requirements to

consider, or any changes to the existing

requirements that might impact the

existing burden estimates, additional

OMB review and approval under the

PRA is not necessary.

Under the PRA, ‘‘burden’’ means the

total time, effort, or financial resources

expended by persons to generate,

maintain, retain, or disclose or provide

information to or for a Federal agency.

This includes the time needed to review

instructions; develop, acquire, install,

and utilize technology and systems for

the purposes of collecting, validating,

and verifying information, processing

and maintaining information, and

disclosing and providing information;

adjust the existing ways to comply with

any previously applicable instructions

and requirements; train personnel to be

able to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

subject to OMB approval under the PRA

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations, after

initial publication in the Federal

Register, are maintained in a list at 40

CFR part 9.

The Agency is always interested in

comments on the Agency’s information

collections, i.e., the need for the
41432 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations

information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques. Send comments on the ICR

to EPA at the address provided above,

with a copy to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, 725 17th St.,

NW., Washington, DC 20503, marked

‘‘Attention: Desk Officer for EPA.’’

Please remember to include the ICR

number in any correspondence.

D. Unfunded Mandates Reform Act and

Executive Order 12875

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104-4), EPA has determined

that this action is not subject to the

requirements of sections 202 and 205,

because this action does not contain any

‘‘Federal mandates’’ or impose an

‘‘enforceable duty’’ on any State, local

or Tribal governments or on anyone in

the private sector. In addition, this

action does not contain any regulatory

requirements that might significantly or

uniquely affect small governments.

Therefore, no action is needed under

section 203 of the UMRA and, because

this is not a discretionary act containing

an unfunded mandate, no consultation

is required under Executive Order

12875, Enhancing the Intergovernmental

Partnership (58 FR 58093, October 28,

1993).

E. Executive Order 12898

Pursuant to Executive Order 12898,

entitled Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), the Agency has considered

environmental justice-related issues

with regard to the potential impacts of

this action on the environmental and

health conditions in low-income and

minority communities. This action is

expected to provide some relief to those

minority and low-income populations

impacted by lead-based paint problems,

which are overwhelmingly located in

low-income communities. This action

simply clarifies that States and Tribes

are eligible for Federal grants to develop

programs designed to improve

environmental and health conditions in

their communities.

F. Executive Order 13045

This action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997), because this action is

not an economically significant

regulatory action as defined by

Executive Order 12866 (see Unit VI.A.

above), and this action does not address

the environmental health or safety risk

affecting children. Please note, however,

that children under the age of 6 are the

primary beneficiaries of the Agency’s

overall Lead Program.

G. National Technology Transfer and

Advancement Act

This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Pub. L. 104–113, section

12(d) (15 U.S.C. 272 note).

VII. 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 a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule 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 the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 745

Environmental protection, Hazardous

substances, Lead poisoning, Reporting

and recordkeeping requirements.

Dated: July 23, 1998.

Carol M. Browner,

Administrator.

Therefore, 40 CFR part 745 is

amended as follows:

PART 745—[AMENDED]

1. The authority citation for part 745

continues to read as follows:

Authority: 15 U.S.C. 2605, 2607, and

2681-2692.

2. Section 745.330 is revised to read

as follows:

§ 745.330 Grants.

(a) The Administrator may make

grants to States and Indian Tribes, under

section 404(g) of TSCA to develop and,

if authorized, carry out lead-based paint

activities programs to ensure that

individuals employed in lead-based

paint activities are properly trained; that

training programs are accredited; and

that contractors employed in such

activities are certified, pursuant to this

subpart. The Administrator may treat a

tribe as eligible to apply for a TSCA

section 404(g) grant if the tribe:

(1) Is recognized by the Secretary of

Interior.

(2) Has an existing government

exercising substantial governmental

duties and powers.

(3) Has adequate authority to carry out

the grant activities.

(4) Is reasonably expected to be

capable, in the Administrator’s

judgment, of administering the grant

program.

(b) If the Administrator has previously

determined that an Indian tribe has met

the prerequisites in paragraphs (a)(1)

and (a)(2) of this section for another

EPA program, the tribe need provide

only that information unique to the

TSCA section 404(g) grant program

required by paragraphs (a)(3) and (a)(4)

of this section. Grants made under this

section are subject to the requirements

of part 31 of this chapter.

[FR Doc. 98–20777 Filed 8–3–98; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR 101–43

[FPMR Amdt. H–199]

RIN 3090–AG74

Disposal of Excess and Exchange/Sale

Information Technology (IT) Equipment

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is removing

Federal Property Management

Regulations (FPMR) provisions

regarding disposal of information

technology (IT) equipment. These

provisions, initially promulgated in the

Federal Information Resources

Management Regulations (FIRMR), and

later contained in FPMR Temporary

Regulation H–28, were developed at a

time when there was a proliferation of

relatively high dollar value IT

equipment. This regulation is no longer

appropriate in today’s environment,

given the dramatic increase in relatively

low dollar personal computers and

related equipment. Removal of this

regulation means that IT equipment will

now be disposed of under the normal

FPMR provisions for disposal of

personal property.