Pre-Renovation Education Program; State of Michigan Authorization Application, 53866-53868 [E8-21711]
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53866
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
Dated: September 10, 2008.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. E8–21725 Filed 9–16–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R05–RCRA–2008–0568; FRL–8716–9]
Pre-Renovation Education Program;
State of Michigan Authorization
Application
Environmental Protection
Agency (EPA).
ACTION: Notice; request for comments
and opportunity for public hearing.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: On June 20, 2008, the State of
Michigan submitted an application
under section 404 of the Toxic
Substances Control Act (TSCA)
requesting authorization to administer
and enforce requirements for a prerenovation education program in
accordance with section 406(b) of
TSCA. This program ensures that
owners and occupants of target housing
are provided information concerning
potential hazards of lead-based paint
exposure before certain renovations are
begun. This notice announces receipt of
the State of Michigan’s application and
program self-certification, EPA’s
determination that the Michigan
application is complete, and provides a
45-day public comment period and
opportunity to request a public hearing.
Michigan has self-certified that its prerenovation education program is at least
as protective of human health and the
environment as the federal program
complying with the requirements for
self-certification. Therefore, pursuant to
section 404 of TSCA the Michigan prerenovation education program is
deemed authorized until such time as
the Agency disapproves the program
application or withdraws the program
authorization. If EPA subsequently finds
that the program does not meet all the
requirements for an authorized State
program, EPA will work with the State
to correct any deficiencies in order to
approve the program. If the deficiencies
are not corrected a notice of disapproval
will be issued in the Federal Register
and a Federal program will be
implemented in the State.
DATES: Comments, identified by docket
control number EPA–R05–RCRA–2008–
0568, must be received on or before
November 3, 2008. In addition, a public
hearing request must be submitted on or
before October 2, 2008.
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17:38 Sep 16, 2008
Jkt 214001
Comments, and requests for
a public hearing may also be submitted
by mail, electronically, or in person.
Please follow the detailed instructions
for each method as provided in section
I of the SUPPLEMENTARY INFORMATION. To
ensure proper receipt by EPA, it is
imperative that you identify docket
control number EPA–R05–RCRA–2008–
0568 in the subject line on the first page
of your response.
FOR FURTHER INFORMATION CONTACT:
Ludmilla Koralewska, Technical
Contact, LCD, Toxics Section, United
States Environmental Protection
Agency, 77 W. Jackson, Chicago, IL
60604, telephone number: (312) 886–
3577; e-mail address:
koralewska.ludmilla@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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 renovation and remodeling
activities of pre-1978 housing in the
State of Michigan. 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?
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 https://www.epa.gov/. To
access this document select ‘‘Laws and
Regulations,’’ ‘‘Regulations and
Proposed Rules,’’ 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 https://
www.epa.gov/fedrgstr/.
2. In person: You may read this
document by visiting the Michigan
Department of Community Health
Library, Capitol View Building 201
Townsend St., 2nd Floor, Lansing, MI
48913, contact phone number (517)
335–8466. Also, EPA has established an
official record for this action under
docket control number EPA–R05–
RCRA–2008–0568. The official record
consists of the documents specifically
referenced in this action, this notice, the
State of Michigan 406(b) program
authorization application, any public
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comments received during an applicable
comment period, and other information
related to this action, including any
information claimed as Confidential
Business information (CBI).
C. How and to Whom Do I Submit
Comments?
You may submit comments through
the mail, in person, or electronically. To
ensure proper receipt by EPA, it is
imperative that you identify docket
control number EPA–R05–RCRA–2008–
0568 in the subject line on the first page
of your response.
1. By mail: Submit your comments
and hearing requests to: Ludmilla
Koralewska, Technical Contact, LCD,
Toxics Section, U.S. Environmental
Protection Agency, 77 W. Jackson,
Chicago, IL 60604.
2. By person or courier: Deliver your
comments and hearing requests to: U.S.
EPA Region 5, LCD, Toxics Section, 77
W. Jackson, Chicago, IL 60604. The
Regional office is open from 8 a.m. to 5
p.m., Monday through Friday, excluding
legal holidays. The phone for the
regional office is (312) 886–6003.
3. Electronically: You may submit
your comments and hearing requests
electronically by e-mail to:
koralewska.ludmilla@epa.gov or mail
your computer disk to the address
identified above. Do not submit any
information electronically that you
consider to be Confidential Business
Information (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 disks in Microsoft Word or
ASCII file format.
D. How Should I Handle CBI
Information That I Want To Submit To
the Agency?
Do not submit any information that
you consider to be CBI. You may claim
information that you submit to EPA 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. In addition to one
complete version of the comment that
includes any information claimed as
CBI, a copy of the comment that does
not contain the information claimed as
CBI must be submitted for inclusion in
the public version of the official record.
Information not marked confidential
will be included in the public version
of the official record without prior
notice. If you have any questions about
CBI or the procedures for claiming CBI,
please consult the technical person
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
identified under FOR FURTHER
INFORMATION CONTACT.
E. What Should I Consider as I Prepare
My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments.
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide copies of any technical
information and/or data you used that
support your views.
4. If you estimate potential burden or
costs, explain how you arrived at the
estimate that you provide.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternative ways to improve
the notice or collection activity.
7. Make sure to submit your
comments by the deadline in this
notice.
8. To ensure proper receipt by EPA,
identify the docket control number
assigned to this action in the subject
line on the first page of your response.
You may also provide the name, date,
and Federal Register citation.
II. Background
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A. What Action Is the Agency Taking?
On June 20, 2008, the State of
Michigan submitted an application
under section 404 of the Toxic
Substances Control Act (TSCA)
requesting authorization to administer
and enforce requirements for prerenovation education in accordance
with section 406(b) of TSCA. This
program ensures that owners and
occupants of target housing are
provided information concerning
potential hazards of lead-based paint
exposure before certain renovations are
begun. Michigan has self-certified that
its pre-renovation education program is
at least as protective as the federal
program. Therefore, pursuant to section
404 of TSCA, and 40 CFR 745.324(d)(1)
and (e)(2) the Michigan pre-renovation
education program is deemed
authorized as of the date of submission
and until such time as the Agency
disapproves the program application or
withdraws program authorization. If
EPA subsequently finds that the
program does not meet all the
requirements for an authorized State
program, EPA intends to work with the
State of Michigan to correct any
program deficiencies in order to
approve the program. If the deficiencies
are not corrected, a notice of
disapproval will be issued in the
Federal Register and a Federal program
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17:38 Sep 16, 2008
Jkt 214001
will be implemented in the State.
Pursuant to section 404(b) of TSCA [15
U.S.C. 2684(b)], EPA provides notice
and an opportunity for a public hearing
on a State program application before
approving the program. Therefore, by
this notice EPA is soliciting public
comment on whether the State of
Michigan application meets the
requirements for EPA approval. This
notice also provides an opportunity to
request a public hearing on the
application. If a hearing is required and
granted, EPA will issue a Federal
Register notice announcing the date,
time and place of the hearing and EPA’s
final decision on the application will
also then be published in the Federal
Register.
B. What Is the Agency’s Authority for
Taking This Action?
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. 2681–2692), entitled Lead
Exposure Reduction. In the Federal
Register of June 1, 1998, (63 FR 29908),
EPA promulgated final TSCA section
406(b) regulations governing prerenovation education requirements in
target housing. This program ensures
that owners and occupants of target
housing are provided information
concerning potential hazards of leadbased paint exposure before certain
renovations are begun on that housing.
In addition to providing general
information on the health hazards
associated with exposure to lead, the
lead hazard information pamphlet
advises owners and occupants to take
appropriate precautions to avoid
exposure to lead-contaminated dust and
debris that are sometimes generated
during renovations. EPA believes that
distribution of the pamphlet will help to
reduce the exposures that cause serious
lead poisonings, especially in children
under age 6, who are particularly
susceptible to the hazards of lead.
Under section 404 of TSCA (15 U.S.C.
2684), a State may seek authorization
from EPA to administer and enforce its
own pre-renovation education program
in lieu of the Federal program. The
regulations governing the authorization
of a State program under both sections
402 and 406 of TSCA are codified at
40 CFR part 745, subpart Q. States that
choose to apply for program
authorization must submit a complete
application to the appropriate regional
EPA office for review. Those
applications will be reviewed by EPA
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53867
within 180 days of receipt of the
complete application. To receive EPA
approval, a State 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. 2884(b)]. EPA’s
regulations 40 CFR part 745, subpart Q
provide the detailed requirements a
State program must meet in order to
obtain EPA approval. A State may
choose to certify that its own prerenovation education program meets the
requirements for EPA approval, by
submitting a letter signed by the
Governor or Attorney General stating
that the program is at least as protective
of human health and the environment as
the federal program and provides for
adequate enforcement. Upon
submission of such certification letter
the program is deemed authorized
pursuant to 40 CFR 745.3249(d)(1) and
(e)(2) and [15 U.S.C. 2864(b)]. This
authorization becomes ineffective,
however, if EPA disapproves the
application or withdraws the program
authorization.
III. State Program Description
Summary
The following is an excerption from
the State’s proposed Pre-Renovation
Education program summary. To review
the complete text see:
B. How Can I Get Additional
Information, Including Copies of This
Document or Other Related Documents?
Michigan Public Health Code, Act
No. 368 of the Public Acts of 1978
assigns to the Michigan Department of
Community Health (MDCH), among
other responsibilities, the continuous
and diligent endeavor to prevent
disease, prolong life, and promote the
public health through organized
programs, including prevention and
control of environmental health
hazards; prevention and control of
diseases; prevention and control of
health problems of particularly
vulnerable population groups. The
department may exercise authority and
promulgate rules to properly safeguard
the public health; to prevent the spread
of diseases and the existence of sources
of contamination; and to implement and
carry out the powers of and duties
vested by law in the department. In
response to the federal Pre-Renovation
Education (PRE) Program information
disclosure requirements, the State of
Michigan in the Lead Hazard Control
Rules states in R 325.99408(6)(a) that
any person disturbing painted surfaces
by performing renovation for
compensation in target housing or child-
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
occupied facilities must provide the
owner of the dwelling or facility with
the EPA’s pamphlet number EPA 747–
K–99–001, entitled ‘‘Protect Your
Family From Lead in Your Home,’’ or a
true reproduction of the EPA pamphlet,
or an equivalent pamphlet approved by
the department. If the owner does not
occupy the dwelling unit, then the
person performing renovation shall also
provide an adult occupant of the
housing unit with the EPA pamphlet.
Exceptions are: Emergency repairs, lead
abatement projects, minor repairs, and
work in zero-bedroom dwellings and
housing for the elderly. Authority for
enforcement actions is established for
the Michigan Department of Community
Health under sections 5466(1),
5473(a)(1), 5475(2), 5476(2) and 5477 of
the Lead Abatement Act, being sections
333.5466, 333.5473(a), 333.5475, and
333.5476 of the Michigan Compiled
Laws, and Rule 325.99104.
IV. 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
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 program.
hazardous waste site in Muskegon,
Michigan (the ‘‘Site’’). EPA proposes to
enter into this agreement under the
authority of section 122(h) and 107 of
CERCLA. The proposed agreement has
been executed by Normand Phaneuf.
(the ‘‘Settling Party’’).
Under the proposed agreement, the
Settling Party will pay $50,000 to the
Hazardous Substances Superfund to
resolve EPA’s claims against the Settling
Party for response costs incurred by
EPA at the Site. EPA has incurred
response costs investigating and
performing response actions at the Site,
and overseeing response actions
performed by other parties at the Site to
mitigate potential imminent and
substantial endangerments to human
health or the environment presented or
threatened by hazardous substances
present at the Site.
For thirty days following the date of
publication of this notice, the EPA will
receive written comments relating to
this proposed agreement. EPA will
consider all comments received and
may decide not to enter this proposed
agreement if comments disclose facts or
considerations which indicate that the
proposed agreement is inappropriate,
improper or inadequate.
Comments on the proposed
agreement must be received by EPA on
or before October 17, 2008.
DATES:
Dated: August 27, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
[FR Doc. E8–21711 Filed 9–16–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8716–8]
Comments should be
addressed to the Docket Clerk, U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604–3590, and
should refer to: In the Matter of Bofors
Nobel Site, Chicago, Illinois, U.S. EPA
Docket No. V–W–08C–889.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Proposed Agreement Pursuant to
Section 122(h)(1) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act for the Bofors Nobel Site
Thomas J. Krueger, U.S. Environmental
Protection Agency, Office of Regional
Counsel, C–14J, 77 West Jackson
Boulevard, Chicago, Illinois 60604–
3590, (312) 886–0562.
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Notice; Request for public
comment on proposed CERCLA
122(h)(1) agreement with Normand
Phaneuf for the Bofors Nobel Superfund
Site.
A copy of the proposed administrative
settlement agreement may be obtained
in person or by mail from the EPA’s
Region 5 Office of Regional Counsel, 77
West Jackson Boulevard, Chicago,
Illinois 60604–3590. Additional
background information relating to the
settlement is available for review at the
EPA’s Region 5 Office of Regional
Counsel.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: In accordance with section
122(i)(1) of the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980, as amended
(‘‘CERCLA’’), notification is hereby
given of a proposed administrative
agreement concerning the Bofors Nobel
VerDate Aug<31>2005
17:38 Sep 16, 2008
Jkt 214001
Authority: The Comprehensive
Environmental Response, Compensation, and
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Liability Act, as amended, 42 U.S.C. 9601–
9675.
Douglas Ballotti,
Acting Director, Superfund Division,
Region 5.
[FR Doc. E8–21712 Filed 9–16–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 08–2041]
Notice of Suspension and Initiation of
Debarment Proceedings; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) gives notice of Mr. Joseph E.
Mello’s suspension from the schools
and libraries universal service support
mechanism (or ‘‘E–Rate Program’’).
Additionally, the Bureau gives notice
that debarment proceedings are
commencing against him. Mr. Mello, or
any person who has an existing contract
with or intends to contract with him to
provide or receive services in matters
arising out of activities associated with
or related to the schools and libraries
support, may respond by filing an
opposition request, supported by
documentation to Rebekah Bina, Federal
Communications Commission,
Enforcement Bureau, Investigations and
Hearings Division, Room 4–C330, 445
12th Street, SW., Washington, DC
20554.
DATES: Opposition requests must be
received by October 17, 2008. However,
an opposition request by the party to be
suspended must be received 30 days
from the receipt of the suspension letter
or October 17, 2008, whichever comes
first. The Bureau will decide any
opposition request for reversal or
modification of suspension or
debarment within 90 days of its receipt
of such requests.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov.
E:\FR\FM\17SEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53866-53868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21711]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R05-RCRA-2008-0568; FRL-8716-9]
Pre-Renovation Education Program; State of Michigan Authorization
Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comments and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: On June 20, 2008, the State of Michigan submitted an
application under section 404 of the Toxic Substances Control Act
(TSCA) requesting authorization to administer and enforce requirements
for a pre-renovation education program in accordance with section
406(b) of TSCA. This program ensures that owners and occupants of
target housing are provided information concerning potential hazards of
lead-based paint exposure before certain renovations are begun. This
notice announces receipt of the State of Michigan's application and
program self-certification, EPA's determination that the Michigan
application is complete, and provides a 45-day public comment period
and opportunity to request a public hearing. Michigan has self-
certified that its pre-renovation education program is at least as
protective of human health and the environment as the federal program
complying with the requirements for self-certification. Therefore,
pursuant to section 404 of TSCA the Michigan pre-renovation education
program is deemed authorized until such time as the Agency disapproves
the program application or withdraws the program authorization. If EPA
subsequently finds that the program does not meet all the requirements
for an authorized State program, EPA will work with the State to
correct any deficiencies in order to approve the program. If the
deficiencies are not corrected a notice of disapproval will be issued
in the Federal Register and a Federal program will be implemented in
the State.
DATES: Comments, identified by docket control number EPA-R05-RCRA-2008-
0568, must be received on or before November 3, 2008. In addition, a
public hearing request must be submitted on or before October 2, 2008.
ADDRESSES: Comments, and requests for a public hearing may also be
submitted by mail, electronically, or in person. Please follow the
detailed instructions for each method as provided in section I of the
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is
imperative that you identify docket control number EPA-R05-RCRA-2008-
0568 in the subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: Ludmilla Koralewska, Technical
Contact, LCD, Toxics Section, United States Environmental Protection
Agency, 77 W. Jackson, Chicago, IL 60604, telephone number: (312) 886-
3577; e-mail address: koralewska.ludmilla@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 renovation
and remodeling activities of pre-1978 housing in the State of Michigan.
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?
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 https://www.epa.gov/. To access this
document select ``Laws and Regulations,'' ``Regulations and Proposed
Rules,'' 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 https://www.epa.gov/fedrgstr/.
2. In person: You may read this document by visiting the Michigan
Department of Community Health Library, Capitol View Building 201
Townsend St., 2nd Floor, Lansing, MI 48913, contact phone number (517)
335-8466. Also, EPA has established an official record for this action
under docket control number EPA-R05-RCRA-2008-0568. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Michigan 406(b) program 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).
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number EPA-R05-RCRA-2008-0568 in the
subject line on the first page of your response.
1. By mail: Submit your comments and hearing requests to: Ludmilla
Koralewska, Technical Contact, LCD, Toxics Section, U.S. Environmental
Protection Agency, 77 W. Jackson, Chicago, IL 60604.
2. By person or courier: Deliver your comments and hearing requests
to: U.S. EPA Region 5, LCD, Toxics Section, 77 W. Jackson, Chicago, IL
60604. The Regional office is open from 8 a.m. to 5 p.m., Monday
through Friday, excluding legal holidays. The phone for the regional
office is (312) 886-6003.
3. Electronically: You may submit your comments and hearing
requests electronically by e-mail to: koralewska.ludmilla@epa.gov or
mail your computer disk to the address identified above. Do not submit
any information electronically that you consider to be Confidential
Business Information (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 disks
in Microsoft Word or ASCII file format.
D. How Should I Handle CBI Information That I Want To Submit To the
Agency?
Do not submit any information that you consider to be CBI. You may
claim information that you submit to EPA 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. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the technical person
[[Page 53867]]
identified under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments.
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, identify the docket control
number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.
II. Background
A. What Action Is the Agency Taking?
On June 20, 2008, the State of Michigan submitted an application
under section 404 of the Toxic Substances Control Act (TSCA) requesting
authorization to administer and enforce requirements for pre-renovation
education in accordance with section 406(b) of TSCA. This program
ensures that owners and occupants of target housing are provided
information concerning potential hazards of lead-based paint exposure
before certain renovations are begun. Michigan has self-certified that
its pre-renovation education program is at least as protective as the
federal program. Therefore, pursuant to section 404 of TSCA, and 40 CFR
745.324(d)(1) and (e)(2) the Michigan pre-renovation education program
is deemed authorized as of the date of submission and until such time
as the Agency disapproves the program application or withdraws program
authorization. If EPA subsequently finds that the program does not meet
all the requirements for an authorized State program, EPA intends to
work with the State of Michigan to correct any program deficiencies in
order to approve the program. If the deficiencies are not corrected, a
notice of disapproval will be issued in the Federal Register and a
Federal program will be implemented in the State. Pursuant to section
404(b) of TSCA [15 U.S.C. 2684(b)], EPA provides notice and an
opportunity for a public hearing on a State program application before
approving the program. Therefore, by this notice EPA is soliciting
public comment on whether the State of Michigan application meets the
requirements for EPA approval. This notice also provides an opportunity
to request a public hearing on the application. If a hearing is
required and granted, EPA will issue a Federal Register notice
announcing the date, time and place of the hearing and EPA's final
decision on the application will also then be published in the Federal
Register.
B. What Is the Agency's Authority for Taking This Action?
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.
2681-2692), entitled Lead Exposure Reduction. In the Federal Register
of June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section
406(b) regulations governing pre-renovation education requirements in
target housing. This program ensures that owners and occupants of
target housing are provided information concerning potential hazards of
lead-based paint exposure before certain renovations are begun on that
housing. In addition to providing general information on the health
hazards associated with exposure to lead, the lead hazard information
pamphlet advises owners and occupants to take appropriate precautions
to avoid exposure to lead-contaminated dust and debris that are
sometimes generated during renovations. EPA believes that distribution
of the pamphlet will help to reduce the exposures that cause serious
lead poisonings, especially in children under age 6, who are
particularly susceptible to the hazards of lead. Under section 404 of
TSCA (15 U.S.C. 2684), a State may seek authorization from EPA to
administer and enforce its own pre-renovation education program in lieu
of the Federal program. The regulations governing the authorization of
a State program under both sections 402 and 406 of TSCA are codified at
40 CFR part 745, subpart Q. States that choose to apply for program
authorization must submit a complete application to the appropriate
regional EPA office for review. Those applications will be reviewed by
EPA within 180 days of receipt of the complete application. To receive
EPA approval, a State 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.
2884(b)]. EPA's regulations 40 CFR part 745, subpart Q provide the
detailed requirements a State program must meet in order to obtain EPA
approval. A State may choose to certify that its own pre-renovation
education program meets the requirements for EPA approval, by
submitting a letter signed by the Governor or Attorney General stating
that the program is at least as protective of human health and the
environment as the federal program and provides for adequate
enforcement. Upon submission of such certification letter the program
is deemed authorized pursuant to 40 CFR 745.3249(d)(1) and (e)(2) and
[15 U.S.C. 2864(b)]. This authorization becomes ineffective, however,
if EPA disapproves the application or withdraws the program
authorization.
III. State Program Description Summary
The following is an excerption from the State's proposed Pre-
Renovation Education program summary. To review the complete text see:
B. How Can I Get Additional Information, Including Copies of This
Document or Other Related Documents?
Michigan Public Health Code, Act No. 368 of the Public Acts of 1978
assigns to the Michigan Department of Community Health (MDCH), among
other responsibilities, the continuous and diligent endeavor to prevent
disease, prolong life, and promote the public health through organized
programs, including prevention and control of environmental health
hazards; prevention and control of diseases; prevention and control of
health problems of particularly vulnerable population groups. The
department may exercise authority and promulgate rules to properly
safeguard the public health; to prevent the spread of diseases and the
existence of sources of contamination; and to implement and carry out
the powers of and duties vested by law in the department. In response
to the federal Pre-Renovation Education (PRE) Program information
disclosure requirements, the State of Michigan in the Lead Hazard
Control Rules states in R 325.99408(6)(a) that any person disturbing
painted surfaces by performing renovation for compensation in target
housing or child-
[[Page 53868]]
occupied facilities must provide the owner of the dwelling or facility
with the EPA's pamphlet number EPA 747-K-99-001, entitled ``Protect
Your Family From Lead in Your Home,'' or a true reproduction of the EPA
pamphlet, or an equivalent pamphlet approved by the department. If the
owner does not occupy the dwelling unit, then the person performing
renovation shall also provide an adult occupant of the housing unit
with the EPA pamphlet. Exceptions are: Emergency repairs, lead
abatement projects, minor repairs, and work in zero-bedroom dwellings
and housing for the elderly. Authority for enforcement actions is
established for the Michigan Department of Community Health under
sections 5466(1), 5473(a)(1), 5475(2), 5476(2) and 5477 of the Lead
Abatement Act, being sections 333.5466, 333.5473(a), 333.5475, and
333.5476 of the Michigan Compiled Laws, and Rule 325.99104.
IV. 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
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 program.
Dated: August 27, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
[FR Doc. E8-21711 Filed 9-16-08; 8:45 am]
BILLING CODE 6560-50-P
