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 

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 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. 

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 http://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 http:// 

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 


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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 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 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 

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 

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 childVerDate Aug<31>2005 17:38 Sep 16, 2008 Jkt 214001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1

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53868 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. 

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] 

Proposed Agreement Pursuant to 

Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act for the Bofors Nobel Site 

AGENCY: 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. 

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 

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. 

DATES: Comments on the proposed 

agreement must be received by EPA on 

or before October 17, 2008. 

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 the Matter of Bofors 

Nobel Site, Chicago, Illinois, U.S. EPA 

Docket No. V–W–08C–889. 

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. 

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. 

Authority: The Comprehensive 

Environmental Response, Compensation, and 

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 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

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. 


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