[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Notices]
[Pages 1387-1389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-494]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-62163; FRL-6397-2]
Asbestos-Containing Materials in Schools; State Request for
Waiver from Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed waiver.
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SUMMARY: EPA has received from Oklahoma a request for a waiver from the
Agency's asbestos-in-schools program. A waiver of these requirements
will be granted if EPA determines, after notice and comment and
opportunity for a public hearing, that Oklahoma is implementing or
intends to implement a program of asbestos inspection and management at
least as stringent as EPA's program. This notice announces an
opportunity for a public hearing on the Oklahoma waiver request and
solicits written comments.
DATES: Written comments under docket control number OPPTS-62163 must be
received on or before March 10, 2000. Each comment must include the
name and address of the submitter. Any request for a public hearing
must be in writing, be received on or before March 10, 2000, and detail
specific objections to the grant of the waiver. If, during the comment
period, EPA receives such a request for a public hearing, EPA will
schedule a public hearing in Oklahoma following the comment period. EPA
will announce the date of the public hearing in the Federal Register.
ADDRESSES: Written comments may be submitted by mail, electronically,
or in person. Please follow the detailed instructions for each method
as provided under Unit I. of ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, you must identify docket control number OPPTS-
62163 on the first page of your response.
FOR FURTHER INFORMATION CONTACT: Neil Pflum, Asbestos Coordinator,
(6PD-T), Region VI, Environmental Protection Agency, 1445 Ross Ave.,
Dallas, TX 75202; telephone: (214) 665-2295; e-mail:
pflum.neil@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 special interest to teachers and other school personnel,
their representatives, and parents in Oklahoma, and asbestos
professionals working in Oklahoma. Since other entities may also be
interested, the Agency has not attempted to describe all entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to any entity, contact the person under
``FOR FURTHER INFORMATION CONTACT.''
B. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
EPA has established an official record for this action under docket
control number OPPTS-62163. The official record consists of the
documents referenced in this action, as well as any public comments
received during the comment period, and other related information. The
official record, which includes printed versions of any electronic
comments, is available for inspection in Rm. 12D13 (Library 12th
floor), EPA Region VI, 1445 Ross Ave., Dallas, TX. The Library is open
from 8 a.m. to noon, Monday through Friday, excluding legal holidays.
The telephone number is (214) 665-6427.
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, you must identify
docket control number OPPTS-62163 on the first page of your response.
1. By mail. Submit your comments to: Neil Pflum, Region VI Asbestos
Coordinator (6PD-T), Environmental Protection Agency, 1445 Ross Ave.,
Dallas, TX 75202.
2. In person or by courier. Deliver your comments to: Rm. 12D13
(Library 12th floor), EPA Region VI, 1445 Ross Ave., Dallas, TX. The
Library is open from 8 a.m. to noon, Monday through Friday, excluding
legal holidays. The telephone number is (214) 665-6427.
3. Electronically. You may submit your comments by e-mail to:
pflum.neil@epa.gov, or mail your computer disk to the address
identified above. 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
II. Background
A. What Action is the Agency Taking and under What Authority?
EPA is considering granting, with conditions, a waiver of the
asbestos-in-schools program to Oklahoma. This notice is issued, and the
waiver, if granted, would be issued under section 203(m) of TSCA and 40
CFR 763.98. Section 203 is within Title II of TSCA, the Asbestos Hazard
Emergency Response Act (AHERA).
In 1987, under TSCA section 203, the Agency promulgated regulations
that require the identification and management of asbestos-containing
material by local education agencies (LEAs) in the nation's elementary
and secondary school buildings: the ``AHERA Schools Rule'' (40 CFR part
763, subpart E). Under section 203(m) of TSCA and 40 CFR 763.98, upon
request by a State Governor and after notice and comment and
opportunity for a public hearing in the State, EPA may waive, in whole
or in part, the requirements of the asbestos-in-schools program (TSCA
section 203 and the AHERA schools rule) if EPA determines that the
State has established and is implementing or intends to implement a
program of asbestos inspection and management that contains
requirements that are at least as stringent as those in the Agency's
asbestos-in-schools program. A State seeking a waiver must submit its
request to the EPA Region in which the State is located.
The Agency recognizes that a waiver granted to any State would not
encompass schools operated under the defense dependents' education
system (the third type of LEA defined at TSCA section 202(7) and 40 CFR
763.83), which serve dependents in overseas areas, and other elementary
and secondary schools outside a State's jurisdiction, which generally
include schools in Indian country. Such schools would remain subject to
EPA's asbestos-in-schools program.
B. When Did Oklahoma Submit its Request for a Waiver and How is EPA
Proposing to Respond?
On October 4, 1999, Oklahoma Governor Frank Keating, submitted to
Gregg A. Cooke, Regional Administrator, EPA Region VI, a letter
requesting a full
[[Page 1388]]
waiver of the requirements of EPA's asbestos-in-schools program.
EPA is hereby issuing a notice in the Federal Register announcing
receipt of the complete Oklahoma waiver request and an opportunity for
comment and public hearing, and making the request and the supporting
documentation available in the public record for this notice. The
Agency is also describing the information submitted by Oklahoma and the
Agency's preliminary determinations as to how the waiver request meets
the criteria for the grant of a waiver.
C. What was EPA's Determination with Regard to the Completeness of
Oklahoma's Waiver Request?
The Oklahoma waiver request has been deemed complete by EPA and
contains the following:
1. A copy of the Oklahoma provisions that include its program of
asbestos inspection and management in schools. These consist of: The
Oklahoma Asbestos Control Act, Title 40 section 450 et seq. and
Oklahoma Statutes, Title 27A, Section 1-3-101(J), and the Oklahoma
Administrative Code (OAC) Title 380, Oklahoma Department of Labor,
Chapter 50, ``Abatement of Friable Asbestos Materials Rules.''
2. The name of the Oklahoma agency responsible for administrating
and enforcing the requirements of a waiver, namely the Oklahoma
Department of Labor (ODOL). Responsible officials include: Brenda
Reneau, Commissioner; Trey Davis, Deputy Commissioner; and John
Crowder, Director of Asbestos--telephone: (405) 528-1500, ext. 352.
3. Reasons, supporting papers, and the rationale for concluding
that Oklahoma's asbestos inspection and management programs, for which
the waiver request is made, are at least as stringent as the
requirements of EPA's program, as discussed in EPA's Preliminary
Determinations in Units II.D.2. and 3.
4. A discussion of any special situations, problems, and needs
pertaining to the waiver request accompanied by an explanation of how
Oklahoma plans to handle them, as discussed in EPA's Preliminary
Determination in Unit II.D.6.
5. A statement of the resources that Oklahoma intends to devote to
the administration and enforcement of its program, as discussed in
EPA's Preliminary Determination in Unit II.D.5.
6. Copies of Oklahoma laws and regulations relating to the request,
including provisions for assessing penalties, as referenced in Unit
II.C.1.
7. Assurance from the legal counsel of ODOL that the Department has
the legal authority necessary to carry out the requirements relating to
the waiver request, as indicated in a letter from Kevin Able, General
Counsel, to Gregg Cooke, dated September 20, 1999.
D. What are the Criteria for EPA's Grant of the Waiver and What are
EPA's Preliminary Determinations Relating to These Criteria?
EPA may waive the requirements of the Agency's asbestos-in-schools
program if the Agency determines that Oklahoma has met the criteria set
forth at 40 CFR 763.98. The criteria and EPA's preliminary
determinations relating to the grant of the waiver to Oklahoma are set
forth below:
1. Criterion: Oklahoma's lead agency has the legal authority
necessary to carry out the provisions of asbestos inspection and
management in schools relating to the waiver request.
EPA's Preliminary Determination: EPA has determined preliminarily
that the statutory and regulatory provisions cited at Unit II.C.1. give
ODOL such legal authority.
2. Criterion: Oklahoma's program is or will be at least as
stringent as the EPA asbestos-in-schools program.
EPA's Preliminary Determination: Since Oklahoma has adopted the
AHERA schools rule by reference in its regulations, EPA has determined
preliminarily that Oklahoma's program is or will be at least as
stringent as EPA's program. See EPA's Preliminary Determination in Unit
II.D.6.
3. Criterion: Oklahoma has an enforcement mechanism to allow it to
implement the program described in the waiver request.
EPA's Preliminary Determination: EPA has determined preliminarily
that the compliance and enforcement provisions of Oklahoma's asbestos-
in-schools program are adequate to run the program. Inspectors will use
site visits to determine if the LEAs are complying with the program.
Violations will be cited for enforcement action which can range from
warning letters (notices of noncompliance) to administrative actions to
civil actions.
4. Criterion: ODOL has or will have qualified personnel to carry
out the provisions relating to the waiver request.
EPA's Preliminary Determination: EPA has preliminarily determined
that ODOL has or will have qualified personnel to carry out the
provisions of the waiver. Inspectors currently employed by ODOL have
had experience in conducting asbestos inspections in schools.
5. Criterion: Oklahoma will devote adequate resources to the
administration and enforcement of the asbestos inspection and
management provisions relating to the waiver request.
EPA's Preliminary Determination: EPA has determined preliminarily
that Oklahoma has adequate resources to administer and enforce the
provisions of the program. Oklahoma plans to devote $143,508 to the
program annually. It plans to match a Federal grant of $107,631, with
$35,877 of State funds. The budget allows for two inspectors, travel,
supplies, and training.
6. Criterion: Oklahoma gives satisfactory assurances that the
necessary steps, including specific actions it proposes to take and a
time schedule for their accomplishment, will be taken within a
reasonable time to conform with applicable criteria in Units II.D.2.4.
EPA's Preliminary Determination: For EPA to grant a full waiver to
Oklahoma, the State, as a condition of the grant of the waiver, would
need to give a written assurance satisfactory to EPA that, if following
the grant of the waiver, any provision of either TSCA section 203 or
the AHERA schools rule is changed, the State would, within a reasonable
period of time, make appropriate changes, as necessary, to the
statutory and regulatory provisions of its asbestos-in-schools program
to ensure that the program remains at least as stringent as the EPA
asbestos-in-schools program.
In addition, if a waiver is granted and as long as it remains in
effect, Oklahoma, utilizing adequate resources, would need to continue
its asbestos-in-schools implementation and enforcement strategy. EPA
may evaluate periodically the adequacy of Oklahoma's program under 40
CFR 763.98, and, under circumstances set forth in the regulation, may,
in whole or in part, rescind the waiver if the Agency determines the
program to be inadequate.
G. What Recordkeeping and Reporting Burden Approvals Apply to the
Oklahoma Waiver Request?
The recordkeeping and reporting burden associated with waiver
requests was approved by the Office of Management and Budget (OMB)
under OMB control number 2070-0091. This document announces the
Agency's receipt of the Oklahoma waiver request and, therefore, imposes
no additional burden beyond that covered under existing OMB control
number 2070-0091.
[[Page 1389]]
III. Materials in the Official Record
The official record, under docket control number OPPTS-62163,
contains the Oklahoma waiver request, supporting documentation, and
other relevant documents.
List of Subjects
Environmental protection, Administrative practice and procedure,
Asbestos, Hazardous substances, Imports, Intergovernmental relations,
Labeling, Occupational safety and health, Reporting and recordkeeping
requirements, Schools.
Dated: December 22, 1999.
Gregg A. Cooke,
Regional Administrator, Region VI.
[FR Doc. 00-494 Filed 1-7-00; 8:45 am]
BILLING CODE 6560-50-F
