

[Federal Register: January 23, 2007 (Volume 72, Number 14)]
[Notices]               
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja07-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2005-0051; FRL-8272-1]

 
Asbestos-Containing Materials in Schools; State Request for 
Waiver From Requirements

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 Commonwealth of Kentucky. A waiver 
request can be granted if EPA determines that the Commonwealth of 
Kentucky 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 Paul E. Patton, on January 4, 1999. On June 1, 2006, EPA 
published a notice of proposed approval and request for comments, and 
on August 31, 2006, published a reopening of comment period and 
correction. A detailed description of this waiver request and EPA's 
rationale for approving it was provided in the notice of proposed 
approval and request for comments and will not be restated here. No 
significant or adverse comments were received on EPA's proposal.

EFFECTIVE DATE: This final approval is effective on February 22, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-OPPT-2005-0051. 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 at the Asbestos Coordinator, Region 4, Environmental Protection 
Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 
30303-8960. 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 4:30, excluding legal 
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: John Hund, Asbestos Coordinator, 
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61 
Forsyth Street, SW., Atlanta, GA 30303-8960; telephone number: (404) 
562-8978; e-mail address: hund.john@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Action Is the Agency Taking?

    EPA is granting a waiver of the asbestos-in-schools program to the 
Commonwealth of Kentucky. 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, 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 June 1, 2006, (71 FR 31183) 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 the 
notice of proposed approval and request for comments and will not be 
restated here. On August 31, 2006, (71 FR 51816) EPA published a 
reopening of comment period and correction notice. No significant or 
adverse comments were received on EPA's proposal.

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 Kentucky Submit Its Request for a Waiver?

    On January 4, 1999, Governor Paul E. Patton, submitted to the EPA 
Region 4 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 Region 4 Administrator indicated by letter dated February 19, 1999, 
to Kentucky that the request was complete. A subsequent letter dated 
August 21, 2000, from the Director of Kentucky Division for Air 
Quality, corrected an inadvertent error in the January 4, 1999, letter.

IV. Materials in the Official Record

    The official record, under Docket ID Number EPA-HQ-OPPT-2005-0051, 
contains the Kentucky waiver request, and any other supporting or 
relevant documents.

[[Page 2880]]

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: January 8, 2007.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
 [FR Doc. E7-922 Filed 1-22-07; 8:45 am]

BILLING CODE 6560-50-P
