[Federal Register Volume 62, Number 191 (Thursday, October 2, 1997)]
[Notices]
[Pages 51654-51655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26175]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5901-9]


Asbestos NESHAP State Notification Procedures Change

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice to regulated community.

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SUMMARY: The Environmental Protection Agency, Region I Office, Boston, 
MA, has notified in writing the EPA--New England states of Maine, New 
Hampshire, Massachusetts, and Connecticut that effective October 1, 
1997, all owners or operators of a demolition or renovation activity 
subject to the asbestos NESHAP and who provide written notification to 
the states 10-working days in advance of commencing with the renovation 
or demolition activity, will not have to provide similar notification 
to the EPA Administrator as required pursuant to 40 CFR 61.145(b). 
Important exceptions to the Federal and state notification procedures 
change are discussed below. In brief, such exceptions require regulated 
entities to continue to submit asbestos NESHAP notifications to the EPA 
for all demolitions involving asbestos below each respective State's 
regulatory threshold amount, including all demolitions believed to 
involve no asbestos.

Background

     The asbestos National Emissions Standard for Hazardous Air 
Pollutants (asbestos NESHAP) was promulgated pursuant to section 112 of 
the 1990 Clean Air Act as Amended and is codified at 40 CFR, part 61, 
subpart M. Among other things, the asbestos NESHAP [40 CFR 61.145(b)] 
requires all owners or operators of a demolition or renovation (demo/
reno) activity that is subject to the asbestos NESHAP, to notify the 
Administrator in writing, at least 10-working days before asbestos 
stripping or removal work or any other activity begins, such as site 
preparation that would breakup, dislodge or similarly disturb asbestos 
material. Since the states of Maine, New Hampshire, Massachusetts and 
Connecticut were fully-delegated EPA asbestos NESHAP states, pursuant 
to section 112(d) of the Clean Air Act prior to the 1990 amendments, 
EPA made a determination that enabling legislation and promulgated 
regulations these states had in place governing demo/reno activities at 
the time of delegation were adequate for the purposes of effectively 
implementing the and enforcing the asbestos NESHAP. Included in this 
was

[[Page 51655]]

the requirement that these same owners or operators of a demolition or 
renovation activity, notify in writing the designated state agency in 
advance of commencing with the demo/reno activity. EPA views this as a 
duplication of effort. EPA also believes that the costs, in terms of 
time and resources, of providing duel notification to both the state 
and federal government represent an unnecessary burden for the 
regulated community. Therefore, effective October 1, 1997, and with the 
exception referenced below, EPA will no longer require the regulated 
community in Maine, New Hampshire, Massachusetts, or Connecticut, to 
provide written Notification of Demolition and Renovation to EPA, 
pursuant to 40 CFR 61.145(b), as long as such notices are delivered to 
the designated state agency. EPA will view notification to the state 
agency as having satisfied the Federal notification requirement and 
conversely, will consider non-notifiers to the state agency as being in 
violation of the Federal notification requirement as well.
    This notice is not subject to the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., since no additional reporting, recordkeeping, or 
notification requirements are being imposed as a result of this action.

Exception

    Exceptions to this transfer of notification receipt procedures will 
apply to regulated facilities, as defined by the asbestos NESHAP at 40 
CFR 61.141, where a demolition is to occur but where asbestos is 
believed to be present below State regulatory threshold amounts, 
including those demolitions believed to involve zero asbestos. In 
addition, this notification procedures change applies only to 
applicable demo/reno activities being conducted the states of Maine, 
New Hampshire, Massachusetts, and Connecticut. EPA will continue to 
require full compliance with the notification requirements outlined in 
40 CFR 61.145(b) for any demo/reno operation, subject to the asbestos 
NESHAP, being conducted in the states of Vermont and Rhode Island.

FOR FURTHER INFORMATION CONTACT: Wayne R. Toland; U.S. EPA Region I; 
Office of Environmental Stewardship; Air, Pesticides, and Toxics 
Enforcement Office (SEA); J.F.K. Federal Building; Boston, MA, 02203. 
Telephone: (617) 565-3260.

    Dated: September 25, 1997.
John P. DeVillars,
Regional Administrator EPA, Region I.
[FR Doc. 97-26175 Filed 10-1-97; 8:45 am]
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