[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: 
[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 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: 
[email protected], 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