[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Notices]
[Pages 25921-25923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11148]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-62163A; FRL-6553-1]


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 
from Oklahoma for a waiver from the Agency's asbestos-in-schools 
program. A waiver of these requirements is granted since EPA has 
determined, 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 the official grant of the waiver.

ADDRESSES: A copy of the complete waiver application submitted by the 
State, identified by docket control number OPPTS-62163, is on file and 
available for review at the EPA Region VI office in Dallas, TX.

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 and is available by contacting the 
person under, FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking and Under What Authority?

    In the Federal Register of January 10, 2000 (65 FR 1387) (FRL-6397-
2), EPA published a notice on the proposed grant of a waiver of the 
asbestos-in-schools program in Oklahoma, soliciting written comments 
and providing an opportunity for a public hearing. No comments and no 
requests for a public hearing were received during the comment period, 
which ended on March 9, 2000. Consequently, no public hearing was held.
    EPA is granting, with conditions, a waiver of the asbestos-in-
schools program to Oklahoma. The waiver is 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 does not 
encompass

[[Page 25922]]

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 remain subject to EPA's 
asbestos-in-schools program.

B. When Did Oklahoma Submit its Request for a Waiver and How is EPA 
Responding?

    On October 4, 1999, Oklahoma Governor Frank Keating, submitted to 
Gregg A. Cooke, Regional Administrator, EPA Region VI, a letter 
requesting a full waiver of the requirements of EPA's asbestos-in-
schools program, to which was appended supporting documentation.
    EPA is hereby announcing its final decision to grant a waiver of 
the asbestos-in-schools program to Oklahoma. The Agency is also 
describing the information submitted by Oklahoma and the Agency's 
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 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 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 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 Determinations Relating to These Criteria?

    EPA has waived the requirements of the Agency's asbestos-in-schools 
program for Oklahoma since the Agency has determined that Oklahoma has 
met the criteria set forth at 40 CFR 763.98. The criteria and EPA's 
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 Determination: EPA has determined 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 Determination: Since Oklahoma has adopted the AHERA schools 
rule by reference in its regulations, EPA has determined that 
Oklahoma's program is or will be at least as stringent as EPA's 
program. See EPA's 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 Determination: EPA has determined 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 Determination: EPA has 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 Determination: EPA has determined 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 Determination: As a condition of EPA's grant of the waiver, 
Oklahoma has given a written assurance satisfactory to EPA (letter from 
Brenda Reneau, Commissioner, ODOL, to Gregg Cooke, dated March 9, 2000, 
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, as long as the waiver remains in effect, Oklahoma, 
utilizing adequate resources, will 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.

E. 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

[[Page 25923]]

OMB control number 2070-0091. This document announces the Agency's 
grant of the Oklahoma waiver request and imposes no additional burden 
beyond that covered under existing OMB control number 2070-0091.

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: April 21, 2000.
Jerry Clifford,
Acting Regional Administrator, Region VI.
[FR Doc. 00-11148 Filed 5-3-00; 8:45 am]
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