Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Notices 33685

Corporation (successor to Denver and

Rio Grande Western Railroad Company)

is embodied in a CERCLA section 122(h)

Administrative Settlement Agreement

(‘‘Administrative Settlement’’). The

Administrative Settlement resolves the

settling parties’ liability at the Site for

past work, past response costs and

specified future work and response

costs through a covenant not to sue

under sections 106 and 107 of CERCLA,

42 U.S.C. 9606 and 9607, and section

7003 of RCRA, 42 U.S.C. 6973. The

proposed Administrative Settlement

requires the settling parties to pay an

aggregate total of $20,000.00. By the

terms of the proposed Administrative

Settlement, the Interstate Land

Corporation will pay $15,000.00 and

Union Pacific Corporation will pay

$5,000.00 to the Hazardous Substance

Superfund. The money will be

deposited into a special account which

can be used to pay for future work at the

Site. In addition to the financial

contributions to be made pursuant to

the Administrative Settlement, the

settling parties have participated in past

investigation and cleanup activities at

the Site.

Opportunity for Comment

For thirty (30) days following the date

of publication of this notice, the Agency

will consider all comments received and

may modify or withdraw its consent to

the settlement if comments received

disclose facts or considerations which

indicate that the settlement is

inappropriate, improper, or inadequate.

The Agency’s response to any comments

received will be available for public

inspection at the EPA Superfund Record

Center, 999 18th Street, 5th Floor, in

Denver, Colorado. Commenters may

request an opportunity for a public

meeting in the affected area in

accordance with section 7003(d) of

RCRA, 42 U.S.C. 6973(d).

It Is So Agreed.

Dated: June 12, 2001.

Carol Rushin,

Assistant Regional Administrator, Office of

Enforcement, Compliance, and

Environmental Justice, U.S. Environmental

Protection Agency, Region VIII.

[FR Doc. 01–15885 Filed 6–22–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[PB–402404–NE; FRL–6786–2]

Lead-Based Paint Activities in Target

Housing and Child-Occupied Facilities;

State of Nebraska Authorization

Application

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; request for comments

and opportunity for public hearing.

SUMMARY: On May 16, 2001, the State of

Nebraska 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 the State

of Nebraska application, provides a 45–

day public comment period, and

provides an opportunity to request a

public hearing on the application.

Nebraska has provided self-certification

of a lead program meeting the

requirements for approval under section

404 of TSCA. Therefore, pursuant to

section 404, the State program is

deemed authorized as of the date of

submission. If EPA subsequently finds

that the program does not meet all the

requirements for approval of a 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 PB–402404–NE, must be

received on or before August 9, 2001.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

PB–402404–NE in the subject line on

the first page of your response.

FOR FURTHER INFORMATION CONTACT: Kyle

Winters, Radiation, Asbestos, Lead and

Indoor Programs Branch, Air, RCRA and

Toxics Division, Environmental

Protection Agency, 901 North 5th Street,

Kansas City, Kansas 66101; telephone

number: (913) 551–7109; e-mail address:

winters.kyle@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 lead-based paint activities in

the State of Nebraska. 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?

1. Electronically. 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 http://

www.epa.gov/. To access this

document, on the Home Page 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 http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number PB–

402404–NE. The official record consists

of the documents specifically referenced

in this action, 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). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection from 8 a.m. to

5 p.m., Monday through Friday,

excluding legal holidays. The docket is

located at the regional office 901 North

5th Street, Kansas City, KS.

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 PB–402404–NE in the

33686 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Notices

subject line on the first page of your

response.

1. By mail. Submit your comments

and hearing requests to: Kyle Winters,

Radiation, Asbestos, Lead and Indoor

Programs Branch, Air, RCRA and Toxics

Division, Environmental Protection

Agency, 901 North 5th Street, Kansas

City, KS 66101.

2. In person or by courier. Deliver

your comments and hearing requests to:

Radiation, Asbestos, Lead and Indoor

Programs Branch, Air, RCRA and Toxics

Division, Region VII, Environmental

Protection Agency, 901 North 5th Street,

Kansas City, KS 66101. The regional

office is open from 8 a.m. to 5 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number for the

regional office is (913) 551–7020.

3. Electronically. You may submit

your comments and hearing requests

electronically by e-mail to:

‘‘winters.kyle@epa.gov,’’ or mail your

computer disk to the address identified

above. Do 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 disks in

WordPerfect 6.1/8.0/9.0 or ASCII file

format. All comments in electronic form

must be identified by docket control

number PB–402404–NE. Electronic

comments may also be filed online at

many Federal Depository Libraries.

D. How Should I Handle CBI

Information That I Want To Submit to

the Agency?

Do not submit any information

electronically 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

identified under FOR FURTHER

INFORMATION CONTACT.

E. What Should I Consider as I Prepare

My Comments for EPA?

We invite you to provide your views

on the various options we propose, new

approaches we have not considered, the

potential impacts of the various options

(including possible unintended

consequences), and any data or

information that you would like the

Agency to consider during the

development of the final action. 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,

be sure to 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?

The State of Nebraska has provided a

self-certification letter stating that its

lead-based paint training and

certification program meets the

requirements for authorization of a State

program under section 404 of TSCA and

has requested approval of the Nebraska

lead-based paint training and

certification program. Therefore,

pursuant to section 404, the program is

deemed authorized as of the date of

submission (i.e., May 16, 2001). If EPA

subsequently finds that the program

does not meet all the requirements for

approval of a 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.

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 or Tribal program application

before approving the application.

Therefore, by this notice EPA is

soliciting public comment on whether

the State of Nebraska 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.

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. 2681-92), titled Lead

Exposure Reduction.

Section 402 of TSCA (15 U.S.C. 2682)

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 (15 U.S.C. 2684), 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 (15 U.S.C. 2684(h)), 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. 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, 15 U.S.C. 2684(b)). EPA’s

regulations (40 CFR part 745, subpart Q)

provide the detailed requirements a

Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Notices 33687

State or Tribal program must meet in

order to obtain EPA approval.

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

(15 U.S.C. 2684(a)). This authorization

becomes ineffective, however, if EPA

disapproves the application or

withdraws the program authorization.

III. State Program Description

Summary

The following summary of the State of

Nebraska proposed program has been

provided by the applicant. The State of

Nebraska enacted in 1999 LB 863 which

amended the Environmental Lead

Hazard Control Act. This revision to

Nebraska law provided the framework

for the Health and Human Services

System Regulation and Licensure to

regulate the lead-based paint

professions training providers and the

professions of inspector, risk assessor,

worker, supervisor and project designer.

The Nebraska law also directs the

regulation of training providers that

provide the training for the lead

professions. These professions are

coincidental to the lead-based

professions regulated by 40 CFR part

745, subpart L.

IV. Submission to Congress and the

Comptroller General

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 certain actions may take

effect, the agency promulgating the

action must submit a report, which

includes a copy of the action, to each

House of the Congress and to the

Comptroller General of the United

States. EPA will submit a report

containing this action 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 this

document in the Federal Register. This

action is not a ‘‘major rule’’ as defined

by 5 U.S.C. 804(2).

List of Subjects

Environmental protection, Hazardous

substances, Lead, Reporting and

recordkeeping requirements.

Dated: June 8, 2001.

William Rice,

Acting Regional Administrator, Region VII.

[FR Doc. 01–15892 Filed 6–22–01 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–51971; FRL–6786–9]

Certain New Chemicals; Receipt and

Status Information

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: Section 5 of the Toxic

Substances Control Act (TSCA) requires

any person who intends to manufacture

(defined by statute to include import) a

new chemical (i.e., a chemical not on

the TSCA Inventory) to notify EPA and

comply with the statutory provisions

pertaining to the manufacture of new

chemicals. Under sections 5(d)(2) and

5(d)(3) of TSCA, EPA is required to

publish a notice of receipt of a

premanufacture notice (PMN) or an

application for a test marketing

exemption (TME), and to publish

periodic status reports on the chemicals

under review and the receipt of notices

of commencement to manufacture those

chemicals. This status report, which

covers the period from April 30, 2001 to

May 11, 2001, consists of the PMNs

pending or expired, and the notices of

commencement to manufacture a new

chemical that the Agency has received

under TSCA section 5 during this time

period. The ‘‘S’’ and ‘‘G’’ that precede

the chemical names denote whether the

chemical idenity is specific or generic.

DATES: Comments identified by the

docket control number OPPTS–51971

and the specific PMN number, must be

received on or before July 25, 2001.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPPTS–51971 and the specific PMN

number in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT:

Barbara Cunningham, Director, Office of

Program Management and Evaluation,

Office of Pollution Prevention and

Toxics (7401), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554–1404; e-mail address:

TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public

in general. As such, the Agency has not

attempted to describe the specific

entities that this action may apply to.

Although others may be affected, this

action applies directly to the submitter

of the premanufacture notices addressed

in the 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 and Other Related

Documents?

1. Electronically. You may obtain

copies of this document and certain

other available documents from the EPA

Internet Home Page at http://

www.epa.gov/. On the Home Page 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 http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–51971. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, any test data

submitted by the manufacturer/importer

and other information related to this

action, including any information

claimed as confidential business

information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center,

North East Mall Rm. B–607, Waterside

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

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number of the

Center is (202) 260–7099.