[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]
[Page 21683-21684]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my09-75]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2008-0790; FRL-8790-6]
Asbestos-Containing Materials in Schools; State Request for
Waiver From Requirements; New Hampshire Department of Environmental
Services Final Approval To Implement State Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final approval.
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SUMMARY: EPA is approving a waiver of the requirements of the Federal
asbestos-in-schools program for the State of New Hampshire. A waiver
request can be granted if EPA determines that the State of New
Hampshire is implementing or intends to implement a state program of
asbestos inspection and management that is at least as stringent as the
federal program. This action approves the waiver request submitted by
Governor John H. Lynch to the EPA Region 1 Regional Administrator, on
July 15, 2008, via a letter with supporting documentation requesting a
full waiver of the requirements of EPA's asbestos-in-schools program
pursuant to the AHERA statute and 40 CFR 763.98. EPA published a notice
of proposed approval and request for comments on December 19, 2008,
with a detailed description of this waiver request. EPA's rationale for
approving the waiver was provided in that notice of proposed approval
and request for comments and will not be restated here. No comments
were received on EPA's proposal.
DATES: Effective Date: This final approval is effective on May 8, 2009.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-OPPT-2008-0790. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy through the Asbestos Coordinator, Region 1--New England,
Environmental Protection Agency, One Congress Street, Suite 1100
Mailcode SEP), Boston, MA 02114-2023. For anyone wishing to physically
inspect the material, EPA requests that, if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 5, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 564-8182; e-mail address: TSCA-
Hotline@epa.gov.
For technical information contact: James M. Bryson, Asbestos
Coordinator, Region 1--New England, Environmental Protection Agency,
One Congress Street, Suite 1100 Mailcode SEP, Boston, MA
[[Page 21684]]
02114-2023; Telephone number: (617) 918-1524; e-mail address:
bryson.jamesm@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Action Is the Agency Taking?
EPA is granting a waiver of the asbestos-in-schools program to the
State of New Hampshire. This waiver is issued under section 203(m) of
the Toxic Substances Control Act (TSCA) and 40 CFR 763.98. Section 203
is within Title II of TSCA, also known as the Asbestos Hazard Emergency
Response Act (AHERA). 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 local education agency
(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 includes
schools in Indian country. Such schools would remain subject to EPA's
asbestos-in-schools program.
On December 19, 2008, (FRL-8754-4) EPA published a notice of
proposed approval and request for comments. A detailed description of
this waiver request and EPA's rationale for approving it was provided
in that notice and is not restated here.
II. What Is the Agency's Authority for Taking This Action?
In 1987, under TSCA section 203, the Agency promulgated regulations
that require the identification and management of asbestos-containing
material by 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 that State is located.
III. When Did New Hampshire Submit Its Request for a Waiver?
On July 15, 2008, Governor John H. Lynch submitted to the EPA
Region 1 Regional Administrator, a letter with supporting documentation
requesting a full waiver of the requirements of EPA's asbestos-in-
schools program pursuant to the AHERA statute and 40 CFR 763.98. The
EPA Regional Administrator indicated to New Hampshire, by letter dated
July 31, 2008, that the request was received. On September 30, 2008,
the Manager of EPA's Toxics and Pesticides Unit submitted comments to
the New Hampshire Department of Environmental Service's Air Resources
Division regarding the AHERA waiver request. The State provided EPA
with a response, dated October 10, 2008, in which each of EPA's
comments was addressed.
IV. Materials in the Official Record
The official record, under Docket ID Number EPA-HQ-OPPT-2008-0790,
contains the New Hampshire waiver request, and any other supporting or
relevant documents pertaining to the approval, by EPA Region 1, of New
Hampshire's AHERA waiver request.
List of Subjects
Environmental protection, Asbestos, Hazardous substances,
Occupational health and safety, Reporting and recordkeeping
requirements, Schools.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 30, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. E9-10770 Filed 5-7-09; 8:45 am]
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