38402 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Notices

Environmental Response, Compensation

and Liability Act of 1984, as amended

(CERCLA), notification is hereby given

of a proposed administrative settlement

concerning the Muskego Sanitary

Landfill hazardous waste site north of

State Highway 24 and east of Crowbar

Road in Muskego, Wisconsin. The

agreement was proposed by EPA Region

5 on January 12, 1998. Subject to review

by the public pursuant to this

document, the agreement has been

approved by the United States

Department of Justice. Allied Waste

Services, Inc. and Prestige Foods

Corporation have executed binding

certifications of their consent to

participate in the settlement.

DATES: Comments must be provided on

or before August 17, 1998.

ADDRESSES: 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 Re Muskego Sanitary

Landfill, Muskego, Wisconsin, U.S. EPA

Docket No. V–W–98C–484.

FOR FURTHER INFORMATION CONTACT:

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.

SUPPLEMENTARY INFORMATION: EPA is

entering into this agreement under the

authority of section 122(g) and 107 of

CERCLA. Section 122(g) authorizes

early settlements with de minimis

parties to allow them to resolve their

liabilities at Superfund sites without

incurring substantial transaction costs.

Under the proposed settlement, these

parties would agree not to sue the

United States for any claims arising out

of the response actions taken at the

Muskego Sanitary Landfill site. In

exchange for that covenant, and in

consideration of payments these parties

have already made toward performance

of response actions at the site, EPA

would provide a covenant not to sue the

settling parties and the contribution

protection provided by sections

113(f)(2) and 122(g)(5) of CERCLA, 42

U.S.C. sections 9613(f)(2) and

9622(g)(5). EPA has determined that the

amount of hazardous substances

contributed to the site by the proposed

settlors, and the toxic and hazardous

effects of the hazardous substances

contributed to the site by the proposed

settlors, is minimal in comparison to

other hazardous substances at the site.

The Environmental Protection Agency

will receive written comments relating

to this agreement for 30 days from the

date of publication of this document.

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 V Office of Regional

Counsel.

Authority: The Comprehensive

Environmental Response, Compensation, and

Liability Act, as amended, 42 U.S.C. sections

9601–9675.

David A. Ullrich,

Acting Regional Administrator, Region V.

[FR Doc. 98–18990 Filed 7–15–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[PB–402404–OR; FRL–5799–5]

Lead-Based Paint Activities in Target

Housing and Child-Occupied Facilities;

State of Oregon Authorization

Application

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; request for comments

and opportunity for public hearing.

SUMMARY: On March 31, 1998, the State

of Oregon submitted 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). This

notice announces the receipt of

Oregon’s application, provides a 45–day

public comment period, and provides

an opportunity to request a public

hearing on the application.

DATES: Comments on the authorization

application must be received on or

before August 31, 1998. Public hearing

requests must be received on or before

July 30, 1998.

ADDRESSES: Submit all written

comments and/or requests for a public

hearing identified by docket control

number ‘‘PB–402404–OR’’ (in duplicate)

to: Barbara Ross, Environmental

Protection Agency, Region X, 1200 Sixth

Avenue, WCM-128, Seattle, WA 98101.

Comments, data, and requests for a

public hearing may also be submitted

electronically to:

ross.barbara@epamail.epa.gov. Follow

the instructions under Unit V. of this

document. No information claimed to be

Confidential Business Information (CBI)

should be submitted through e-mail.

FOR FURTHER INFORMATION CONTACT:

Barbara Ross, Regional Lead

Coordinator, Environmental Protection

Agency, Region X, 1200 Sixth Avenue,

WCM-128, Seattle, WA 98101,

telephone: (206) 553–1985, e-mail

address: ross.barbara@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On October 28, 1992, the Housing and

Community Development Act of 1992,

Pub. L. 102–550, became law. Title X of

that statute was the Residential LeadBased 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 authorizes and

directs EPA to promulgate final

regulations governing lead-based paint

activities in target housing, public and

commercial buildings, bridges, and

other structures. Those regulations are

to ensure that individuals engaged in

such activities are properly trained, that

training programs are accredited, and

that individuals engaged in these

activities are certified and follow

documented work practice standards.

Under section 404, 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

governing lead-based paint activities in

target housing and child-occupied

facilities (a subset of public buildings).

Those regulations are codified at 40 CFR

part 745, and allow both States and

Indian Tribes to apply for program

authorization. Pursuant to section

404(h) of TSCA, EPA is to establish the

Federal program in any State or Tribal

Nation without its own authorized

program in place by August 31, 1998.

States and Tribes 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 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

(section 404(b) of TSCA). 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.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Notices 38403

A State may choose to certify that its

lead-based paint activities program

meets the requirements for EPA

approval, by submitting a letter signed

by the Governor or Attorney General

stating that the program meets the

requirements of section 404(b) of TSCA.

Upon submission of such certification

letter, the program is deemed

authorized. This authorization becomes

ineffective, however, if EPA disapproves

the application.

Pursuant to section 404(b) of TSCA,

EPA provides notice and an opportunity

for a public hearing on a State or Tribal

program application before authorizing

the program. Therefore, by this notice

EPA is soliciting public comment on

whether Oregon’s 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 requested

and granted, EPA will issue a Federal

Register notice announcing the date,

time, and place of the hearing. EPA’s

final decision on the application will be

published in the Federal Register.

II. State Program Description Summary

The following summary of the State of

Oregon’s proposed program has been

provided by the applicant:

On March 31, 1998, Oregon State

Health Division applied to EPA for

authorization to administer and enforce

a State Lead-based Paint Program. The

Lead-based Paint Program is

administered by the Oregon Health

Division who shares responsibilities for

certification and for enforcement with

the Construction Contractors Board

(CCB).

The purpose of the Oregon State lead

program is to protect the public from the

hazards of improperly conducted leadbased paint activities. The program is

designed to protect families from

exposure to lead in paint, dust, and soil.

The lead program ensures that

contractors claiming to know how to

inspect, assess, or remove lead-based

paint, dust or soil are well-qualified,

trained, and certified to conduct these

activities. Training and certification is

required to ensure the proficiency of

contractors who offer to conduct leadbased paint inspection, risk assessment

and abatement services in residences

and day care centers. Accreditation is

required to ensure that training

programs provide quality instruction in

current and effective work practices.

No person or firm may perform leadbased paint services in target housing or

child-occupied facilities without first

receiving certification. Lead-based paint

services include lead paint inspections

and risk assessments, and the design

and application of lead paint hazard

reduction (abatement) operations. Work

practice standards are required to

ensure that lead-based paint activities

are conducted safely, reliable, and

effectively.

The Lead-based Paint Program is

administered by the Oregon Health

Division (the Division). This agency

shares responsibilities for certification

and for enforcement with the

Construction Contractors Board (CCB)

(ORS 701.500; 701.505; 701.510;

701.990, 701.992; 431.920).

Rules for the certification of

individuals and firms engaged in leadbased paint activities (OAR 333-069)

were promulgated on May 1, 1997.

These rules describe the requirements

for certification of individuals and firms

offering or providing lead-based paint

services in Oregon. No person or firm

may perform lead-based paint services

in target housing or child occupied

facilities without first receiving

certification. Lead-based paint services

include lead paint inspections and risk

assessments, and the design and

application of lead paint hazard

reduction (abatement) operations. Work

practice standards for these activities

are described in the rules. The Division

requires a 24–hour written notice prior

to the commencement of an abatement

project.

The certification process includes

licensure by both the Division and CCB.

The Division certifies individuals and

firms. The CCB licenses individuals and

registers and provides firms with a lead

endorsement. Certified individuals may

conduct lead-paint activities only for

certified and registered firms. Certified

and registered firms may only hire

certified and licensed individuals to

conduct lead-paint activities.

Candidates for certification must pass a

third-party qualifying examination

administered by the Division. A

schedule of fees for certification and

renewal in respective lead paint

disciplines is described. The rules for

certification grant the Division the

authority to deny, suspend, or revoke

certification.

Rules for the Accreditation of

Training Programs (OAR 333-068) were

promulgated on December 18, 1997. No

person shall provide, offer, or claim to

provide an accredited lead-based paint

activities course unless the person has

received accreditation or provisional

accreditation from the Division. The

Division will accept only training

provided by a Division accredited

training provider as a qualification for

certification. These rules provide for the

accreditation of providers of lead-based

paint training courses. Accreditation

requirements set standards for staff

qualifications, operations, curriculum

design, course content, and

instructional methods.

These rules for accreditation grant the

Division the authority to deny, suspend,

revoke or modify a provider’s

accreditation. A schedule of fees for

accreditation and renewal of training

course is described.

Enforcement and compliance

activities will be carried out jointly by

the Division and the CCB. The CCB, in

its roles as a consumer protection

agency, regularly responds to tips and

complaints; conducts field

investigations; assesses flexible

remedies (beginning with oral and

written warnings through revocation of

registration); issues notices and

subpoenas; holds hearings; and assesses

civil penalties. The enabling legislation

for Oregon’s lead program also makes

provision for criminal penalties:

violation of the statutes is a

misdemeanor. Criminal prosecution is

initiated through the state office of the

Attorney General.

The Division will support the CCB by:

(1) Forwarding tips and complaints, (2)

initiating case development for targeted

inspections pursuant to a required

abatement notice, and (3) providing

investigative assistance, particularly in

the gathering of lead paint samples.

The Division and the CCB will also

work together on the development of a

training program for investigative and

field staff and on compliance assistance

activities. With regard to the latter

objective, the CCB will assist the

division in accessing the

communication channels that the

former maintains for informing and

educating the regulated community.

III. Federal Overfiling

TSCA section 404(b) 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. Applicability of Regulatory

Assessment Requirements

EPA’s actions on State or Tribal leadbased paint activities program

applications are informal adjudications,

not rules. Therefore, the requirements of

the Regulatory Flexibility Act (RFA, 5

U.S.C. 601 et seq.), the Congressional

Review Act (5 U.S.C. 801 et seq.),

Executive Order 12866 (‘‘Regulatory

Planning and Review,’’ 58 FR 51735,
38404 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Notices

October 4, 1993), and Executive Order

13045 (‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ 62 FR 1985, April 23, 1997), do

not apply to this action. In addition, this

action does not contain any Federal

mandates, and therefore is not subject to

the requirements of the Unfunded

Mandates Reform Act (2 U.S.C. 1531-

1538) or Executive Order 12875

(‘‘Enhancing the Intergovernmental

Partnership,’’ 58 FR 58093, October 28,

1993). Finally, this action does not

contain any information collection

requirements and therefore does not

require review or approval by OMB

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

V. Public Record and Electronic

Submissions

The official record for this action, as

well as the public version, has been

established under docket control

number ‘‘PB–402404–OR.’’ Copies of

this notice, the State of Oregon’s

authorization application, and all

comments received on the application

are available for inspection in the

Region X office, from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The docket is located at the

EPA Region X Library, Environmental

Protection Agency, 1200 Sixth Avenue,

OMP-104, Seattle, WA.

Commenters are encouraged to

structure their comments so as not to

contain information for which

Confidential Business Information (CBI)

claims would be made. However, any

information claimed as CBI must be

marked ‘‘confidential,’’ ‘‘CBI,’’ or with

some other appropriate designation, and

a commenter submitting such

information must also prepare a

nonconfidential version (in duplicate)

that can be placed in the public record.

Any information so marked will be

handled in accordance with the

procedures contained in 40 CFR part 2.

Comments and information not claimed

as CBI at the time of submission will be

placed in the public record.

Electronic comments can be sent

directly to EPA at:

ross.barbara@epamail.epa.gov.

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 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 ‘‘PB–

402404–OR.’’ Electronic comments on

this document may be filed online at

many Federal Depository Libraries.

Information claimed as CBI should not

be submitted electronically.

Authority: 15 U.S.C. 2682, 2684.

List of Subjects

Environmental protection, Hazardous

substances, Lead, Reporting and

recordkeeping requirements.

Dated: June 30, 1998.

Chuck Clarke,

Regional Administrator, Region X.

[FR Doc. 98–18989 Filed 7–15–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

[Report No. 2283]

Petitions for Reconsideration and

Clarification of Action in Rulemaking

Proceeding

July 9, 1998.

Petitions for reconsideration and

clarification have been filed in the

Commission’s rulemaking proceedings

listed in this Public Notice and

published pursuant to 47 CFR Section

1.429(e). The full text of these

documents are available for viewing and

copying in Room 239, 1919 M Street,

NW., Washington, DC, or may be

purchased from the Commission’s copy

contractor, ITS, Inc., (202) 857–3800.

Oppositions to these petitions must be

filed July 31, 1998. See Section 1.4(b)(1)

of the Commission’s rule (47 CFR

1.4(b)(1)). Replies to an opposition must

be filed within 10 days after the time for

filing oppositions has expired.

Subject: Amendment of the

Commission’s Rules Regarding

Installment Payment Financing for

Personal Communications Services

(PCS) Licenses (WT Docket No. 97–82).

Number of Petitions Filed: 11.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–18975 Filed 7–15–98; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request

The Department of Health and Human

Services, Office of the Secretary

publishes a list of information

collections it has submitted to the Office

of Management and Budget (OMB) for

clearance in compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35) and 5 CFR 1320.5.

The following are those information

collections recently submitted to OMB.

Proposed Projects 1. Analysis of

Employer Group Long-Term Care

Insurance—New—The Office of

Assistant Secretary for Planning and

Evaluation is planning to survey

employers offering group long-term care

insurance in order to identify current

products and best practices in the

employer long-term care insurance

market.

Respondents: State or local

governments, Businesses or other forprofit—Burden Information for

Insurance Companies.

Number of Respondents: 11.

Burden per Response: 170 minutes.

Total Burden for Insurance

Companies: 31 hours—Burden

Information for Employers.

Number of Respondents: 125.

Average Burden per Response: 85

minutes.

Total Burden for Employers: 177

hours.

Total Burden: 208 hours.

OMB Desk Officer: Allison Eydt.

Copies of the information collection

packages listed above can be obtained

by calling the OS Reports Clearance

Officer on (202) 690–6207. Written

comments and recommendations for the

proposed information collection should

be sent directly to the OMB desk officer

designated above at the following

address: Human Resources and Housing

Branch, Office of Management and

Budget, New Executive Office Building,

Room 10235, 725 17th Street NW.,

Washington, DC 20503.

Comments may also be sent to

Cynthia Agens Bauer, OS Reports

Clearance Officer, Room 503H,

Humphrey Building, 200 Independence

Avenue S.W., Washington, DC 20201.

Written comments should be received

within 30 days of this notice.

Dated: July 8, 1998.

Dennis P. Williams,

Deputy Assistant Secretary, Budget.

[FR Doc. 98–18875 Filed 7–5–98; 8:45 am]

BILLING CODE 4150–04–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Notice of a Cooperative Agreement

With the National Latino Children’s

Institute

The Office of Minority Health (OMH),

Office of Public Health and Science,