[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50431-50432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24117]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 763

[OPPTS-62142A; FRL-4979-9)


Asbestos-Containing Materials in Schools; State Request for 
Waiver From Requirements; Final Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final decision on requested waiver.

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SUMMARY: EPA is issuing a final decision which approves the request of 
Colorado for a waiver from the requirements of 40 CFR part 763, subpart 
E, Asbestos-Containing Materials in Schools.

DATES: This final decision is effective October 30, 1995.

ADDRESSES: A copy of the complete waiver application submitted by the 
State is available from the TSCA Nonconfidenital Information Center, 
TSCA Docket Receipt (7404), Office of Pollution Prevention and Toxics, 
Rm. NE-B607, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. A copy is also on file and may be reviewed at the 
EPA Region 8 office in Denver, Colorado: EPA, Region 8 (8ART-RTI), 999 
18th St., Denver, CO, 80202-2466.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Rm. E-543B, Environmental Protection Agency, 401 
M St., SW., Washington, DC 20460, (202) 554-1404, TDD: (202) 554-0551, 
e-mail: TSCA-H[email protected].

SUPPLEMENTARY INFORMATION: This action is issued under the authority of 
Title II of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2641, et 
seq. TSCA Title II was enacted as part of the Asbestos Hazard Emergency 
Response Act (AHERA), Pub. L. 99519. AHERA is the abbreviation commonly 
used to refer to the statutory authority for EPA's rules affecting 
asbestos in schools and will be used in this document. EPA issued a 
final rule in the Federal Register of October 30, 1987 (52 FR 41846), 
the ``Asbestos-Containing Materials in Schools Rule'' (the Schools 
Rule, 40 CFR part 763, subpart E), which requires all Local Education 
Agencies (LEAs) to identify asbestos-containing building materials 
(ACBMs) in their school buildings and to take appropriate actions to 
control the release of asbestos fibers.
    Under section 203 of AHERA, EPA may, upon request by a State 
Governor and after notice and comment and opportunity for a public 
hearing in the State, waive in whole or part the requirements of the 
Schools Rule, if the State has established and is implementing or 
intends to implement an ongoing program of asbestos inspection and 
management which is at least as stringent as the requirements of the 
rule. 40 CFR 763.98 sets forth the procedures to implement this 
statutory provision. The Schools Rule requires that specific 
information be included in the waiver request submitted to EPA, 
establishes a process for reviewing waiver requests, and sets forth 
procedures for oversight and rescission of waivers granted to States. 
The Agency encourages States to establish and manage their own school 
regulatory programs under the AHERA waiver program.
    EPA issued a notice in the Federal Register of November 29, 1994 
(59 FR 60945), which announced the receipt of a waiver request from the 
State of Colorado, and solicited comments from the public. The notice 
also discussed 

[[Page 50432]]
the program elements of the State program.
    EPA received one comment during the 60-day comment period. The 
commenter agreed with the Agency's position. No request for a public 
hearing was received.
    EPA is required to issue a notice in the Federal Register 
announcing its decision to grant or deny a request for waiver within 30 
days after the close of the comment period. The comment period for this 
docket closed on January 30, 1995. The 30-day review period may be 
extended if mutually agreed upon by EPA and the State. EPA and Colorado 
mutually agreed to extend the review period.
    The remainder of this document is divided into two units. The first 
unit discusses the Colorado program and sets forth the reasons and 
rationale for EPA's decision on the State's waiver request. Unit I. is 
subdivided into two sections. Section A discusses key elements of the 
State's program. Section B gives EPA's final approval of the waiver. 
The second unit of this document discusses statutory requirements of 
the Paperwork Reduction Act.

I. The Colorado Program

A. Program Elements

    The Colorado Regulation 8 (Part B, Emission Standards for Asbestos) 
give the Colorado Department of Public Health and Environment (CDPHE) 
the authority to regulate asbestos in schools and commercial buildings. 
The State's regulations adopt by reference the AHERA regulations at 40 
CFR part 763, subpart E effective when an AHERA waiver is approved by 
EPA. The State has the enforcement mechanism to allow it to implement 
the program. The State has EPA-approved Neutral Administrative 
Inspection Scheme (NAIS), logging system for tracking tips, complaints, 
etc., and an enforcement response policy in place. The State has 
qualified personnel to carry out the provision relating to the waiver. 
The program will be administered by the CDPHE.
    Since the State application for a waiver was received, EPA 
published a revision to its Asbestos Model Accreditation Plan (MAP). 
The Asbestos Model Accreditation Plan; Interim Final Rule was published 
on February 3, 1994 (59 FR 5236). This MAP required that each State 
adopt an accreditation plan that is at least as stringent as this MAP 
within 180 days after the commencement of the first regular session of 
the legislature of the State that is convened on or after April 4, 
1994. The CDPHE has not submitted copies of the State's revised 
regulations. Therefore, the State's regulations are not final at this 
time.

B. EPA's Decision on Colorado's Request for Waiver

    EPA grants the State of Colorado a partial waiver from the 
requirements of 40 CFR part 763, subpart E, effective 30 days after 
publication of this Final Decision. This waiver includes all AHERA 
requirements except the MAP. EPA will amend the AHERA waiver to include 
the MAP when the State's MAP regulations become final. Federal 
jurisdiction shall be in effect in the period between the date of 
publication of this document and the effective date. This will assure 
that the State has sufficient time to prepare to assume its new 
responsibilities. It will also assure the public that no gap in 
authority occurs, and gives the public sufficient notice of the 
transfer of duties from EPA to the State of Colorado. This waiver is 
applicable to all schools and public and commercial buildings covered 
by AHERA in the State and is subject to rescission under 40 CFR 
763.98(j) based on periodic EPA oversight evaluation and conference 
with the State in accordance with 40 CFR 763.98(h) and 763.98(i).

II. Other Statutory Requirements

    The reporting and recordkeeping provisions relating to State 
waivers from the requirements of the Asbestos-Containing Materials in 
Schools Rule (40 CFR part 763) have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act and have 
been assigned OMB control number 2070-0091.

List of Subjects in 40 CFR Part 763

    Environmental protection, Asbestos, Asbestos in schools (AHERA), 
Hazardous substances, Reporting and recordkeeping requirements, State 
and local governments, Worker protection.

    Dated: September 20, 1995.
William Yellowtail,
Regional Administrator, Region 8.

[FR Doc. 95-24117 Filed 9-28-95; 8:45 am]
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