[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53866-53868]
From the Federal Register Online via the Government Publishing 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.

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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: [email protected].

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: [email protected] 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