[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Rules and Regulations]
[Pages 52703-52704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 763

[OPPTS-62152A; FRL-5377-2]


Asbestos-containing Materials in Schools; State Request for 
Waiver From Requirements; Notice of Final Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final decision on requested waiver.

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

EFFECTIVE DATE: November 7, 1996.

ADDRESSES: A copy of the complete waiver application submitted by the 
State is available from the TSCA Public Docket Office. A copy is also 
on file and may be reviewed at the EPA Region 1 office in Boston, 
Massachusetts. TSCA Docket Receipt (7407), Office of Pollution 
Prevention and Toxics, Rm. NE-B607, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460 EPA, Region 1 (CPT) JFK Federal 
Building, Boston, MA 02203.

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.

SUPPLEMENTARY INFORMATION:

I. Background

    This document 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 
1986 (AHERA), Pub. L. 99 519. 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

[[Page 52704]]

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. Section 
763.98 (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 recision of waivers granted to States. The 
Agency encourages States to establish and manage their own school 
regulatory programs under the AHERA waiver provision. EPA issued a 
notice in the Federal Register of March 5, 1996, (61 FR 8619; FRL-4985-
9) which announced the receipt of a waiver request from the State of 
Maine, and solicited comments from the public. The notice also 
discussed the program elements of the State program, listed differences 
between the State program and the AHERA requirements, and provided 
EPA's preliminary response to the State on the differences identified.
    No comments were received during the 60-day comment period. No 
request for a public hearing was received. Consequently, no hearing was 
held.
    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 May 6, 1996. The 60-day review period may be extended if 
mutually agreed upon by EPA and the State.
    The remainder of this document is divided into two units. The first 
unit discusses the Maine program and sets forth the reasons and 
rationale for EPA's decision on the State's waiver request. This unit 
is sub-divided into two sections. Section A discusses key elements of 
the State's program at the time the waiver request was submitted. 
Section B gives EPA's final approval of the waiver request based on the 
State's response. The second unit of this notice discusses statutory 
requirements of the Paperwork Reduction Act.

II. The Maine Program

A. Program Elements

    Maine Revised Statutes 38 M.R.S.A. The Maine Department of 
Environmental Protection (MDEP) has the authority to regulate asbestos 
in schools and State buildings. The Maine Administrative Code, Title 
16B, Chapter 12A and Appendix A are the State provisions for asbestos 
inspections and management in school and public and commercial 
buildings.
    The MDEP conducts inspections to ensure compliance with the above 
laws and rules. MDEP reviews the management plans submitted for 
schools. The requirements of the Maine Program are the same or more 
stringent than the Federal AHERA requirements. The State requirements 
are more stringent in that the requirements apply to public and 
commercial buildings in addition to schools.

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

    Based on a formal assurance to EPA from the lead Maine agency 
(MDEP) having the legal authority to carry out the requirements 
relating to the waiver request that Maine has incorporated into its 
asbestos inspection and management program, an asbestos accreditation 
program at least as stringent as the EPA MAP, Interim Final Rule is 
approved by this Notice.
    Accordingly, EPA grants the State of Maine a waiver from the 
requirements of 40 CFR part 763, subpart E, effective November 7, 1996. 
Federal jurisdiction shall be in effect in the period between the date 
of publication of this document and that 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 Maine. This waiver is 
applicable to all schools covered by AHERA in the State. This waiver 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).

III. Other Statutory Requirements

Paperwork Reduction Act

    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, Administrative practice and procedure, 
Asbestos, Confidential business information, Hazardous substances, 
Imports, Intergovernmental relations, Labeling, Reporting and 
recordkeeping requirements, Schools.

    Dated: September 23, 1996.
John P. DeVillars,
Regional Administrator, Region 1.
[FR Doc. 96-25798 Filed 10-07-96; 8:45 am]
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