Asbestos-Containing Materials in Schools; State Request for Waiver From Requirements, 31183-31186 [E6-8399]
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices
For thirty (30) days following the date
of publication of this notice, the Agency
will receive written comments relating
to the settlement. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations which
indicate that the settlement is
inappropriate, improper, or inadequate.
The Agency’s response to any comments
received will be available for public
inspection at 1445 Ross Avenue, Dallas,
Texas 75202–2733. Commenters may
request an opportunity for a public
meeting in the affected area in
accordance with section 703(d) of
RCRA, 42 U.S.C. 6973(d).
DATES: Comments must be submitted on
or before July 3, 2006.
ADDRESSES: The proposed settlement
and additional background information
relating to the settlement are available
for public inspection at 1445 Ross
Avenue, Dallas, Texas 75202–2733. A
copy of the proposed settlement may be
obtained from Rafael Casanova, 6SF–A,
U.S. Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas 75202–
2733, or by calling 214–665–7437 or email at casanova.rafael@epa.gov.
Comments should reference the Many
Diversified Interest (MDI) Superfund
Site, Houston, Texas, and EPA Docket
Number 06–12–05, and should be
addressed to Rafael Casanova at the
address listed above.
FOR FURTHER INFORMATION CONTACT:
Barbara Nann, 1445 Ross Avenue, Dallas
Texas 75202–2733 or call 214–665–2157
or e-mail nann.barbara@epa.gov.
9622(i), notice is hereby given of a
proposed administrative settlement
under section 122(h) of CERCLA, 42
U.S.C. 9622(h), for recovery of past
response costs concerning the
Shenandoah Road Groundwater
Contamination Superfund Site located
in East Fishkill, New York with the
Settling Party, International Business
Machines Corporation. The settlement
requires the Settling Party to pay
$750,000, plus an additional sum for
interest on that amount calculated from
November 28, 2004 through the date of
payment to the Shenandoah Road
Groundwater Contamination Superfund
Site Special Account within the EPA
Hazardous Substance Superfund in
reimbursement of EPA’s past response
costs incurred with respect to the Site.
The settlement includes a covenant not
to sue the Settling Party pursuant to
section 107(a) of CERCLA, 42 U.S.C.
9607(a) for Past Response Costs, as
defined in the agreement. For thirty (30)
days following the date of publication of
this notice, the Agency will receive
written comments relating to the
settlement. The Agency will consider all
comments received and may modify or
withdraw its consent to the settlement
if comments received disclose facts or
considerations which indicate that the
settlement is inappropriate, improper,
or inadequate.
Comments must be submitted on
or before July 3, 2006.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
The proposed settlement is
available for public inspection at
USEPA, 290 Broadway, 17th Floor, New
York, New York 10007–1866. Comments
should reference the Shenandoah Road
Groundwater Contamination Superfund
Site, CERCLA Docket No. 02–2006–2001
and sent to the individual identified
below. To request a copy of the
proposed settlement agreement, please
contact the individual identified below.
[FRL–8176–2]
FOR FURTHER INFORMATION CONTACT:
Dated: May 19, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E6–8481 Filed 5–31–06; 8:45 am]
BILLING CODE 6560–50–P
Proposed CERCLA Administrative
Cost Recovery Settlement; The
Shenandoah Road Groundwater
Contamination Superfund Site, East
Fishkill, NY
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
wwhite on PROD1PC61 with NOTICES
AGENCY:
In accordance with section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act as
amended (‘‘CERCLA’’), 42 U.S.C.
SUMMARY:
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ADDRESSES:
Carol Y. Berns, Assistant Regional
Counsel, USEPA, 290 Broadway, 17th
Floor, New York, New York 10007–
1866, (212) 637–3177.
Dated: May 11, 2006.
George Pavlou,
Director, Emergency and Remedial Response
Division, Region II.
[FR Doc. E6–8401 Filed 5–31–06; 8:45 am]
BILLING CODE 6560–50–P
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31183
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2005–0096; FRL–8176–7]
Asbestos-Containing Materials in
Schools; State Request for Waiver
From Requirements
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed approval
and request for comments.
AGENCY:
SUMMARY: This action provides notice
and an opportunity for public hearing,
and solicits written comments on EPA’s
proposed waiver of the requirements of
the Federal asbestos-in-schools program
for the Commonwealth of Kentucky. A
waiver request will be granted if EPA
determines that the Commonwealth of
Kentucky is implementing or intends to
implement a state program of asbestos
inspection that is at least as stringent as
the federal program. This action
provides notice and an opportunity for
a public hearing, and solicits written
comments on the waiver request
submitted by the Commonwealth of
Kentucky.
Written comments under Docket
ID Number OPPT–2005–0096 must be
received by July 31, 2006. 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 July 31, 2006,
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 Kentucky
following the comment period. EPA will
announce the date of the public hearing
in the Federal Register.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
HQ–OPPT–2005–0096, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: hund.john@epa.gov.
3. Fax: (404) 562–8972.
4. Mail: Docked ID Number EPA–HQ–
OPPT–2005–0096, Asbestos
Coordinator, Region 4, Environmental
Protection Agency, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta,
GA 30303–8960.
5. Hand Delivery or Courier: John
Hund, Asbestos Coordinator, Region 4,
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, GA 30303–8960.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
DATES:
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31184
Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Instructions: Direct your comments to
Docket ID Number EPA–HQ–OPPT–
2005–0096. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in https://
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
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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. Background
A. What Action Is the Agency Taking?
EPA is considering granting, with
conditions, a waiver of the asbestos-inschools program to the Commonwealth
of Kentucky. This notice is issued, and
the waiver, if granted, would be 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.
B. 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 asbestosin-schools program (TSCA section 203
and the AHERA Schools Rule) if EPA
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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.
C. When Did Kentucky Submit Its
Request for a Waiver and How Is EPA
Proposing To Respond?
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.
EPA is hereby issuing a notice in the
Federal Register announcing receipt of
the complete Kentucky waiver request
and an opportunity for comment and
public hearing, and making the request
and supporting documentation available
in the public record for this notice. The
Agency is also describing the
information submitted by Kentucky and
the Agency’s preliminary determination
as to how the waiver request meets the
criteria for the grant of a waiver.
D. What was EPA’s Determination With
Regard to the Completeness of
Kentucky’s Waiver Request?
The Kentucky waiver request has
been deemed complete by EPA with
regard to the required contents specified
at 40 CFR 763.98 and contains the
following:
1. A copy of the Kentucky provisions
relating to its program of asbestos
inspection and management in schools
for which the request is made. These
consist of the following, as well as other
supporting documentation: (a) Kentucky
Revised Statutes (KRS) section 224.20–
300 ‘‘Asbestos Control: Purpose;’’
section 224.99–010(12) ‘‘Penalties;’’
section 224.99–020(1) ‘‘Action to
recover penalties and costs—Injunctive
relief;’’ (b) 401 Kentucky Administrative
Regulations (KAR) 58:010 ‘‘Local
education agencies;’’ (c) Kentucky
AHERA Compliance-Monitoring
Protocol, which includes the Neutral
Administrative Inspection Scheme for
Asbestos Compliance-Monitoring
inspections in Kentucky; and (d)
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Kentucky’s Enforcement Protocol for
Violations of Certain AHERA
Requirements Associated with
Accreditations, Management Plans, and
Recordkeeping. A copy of each of these
documents and other supporting
documentation is included in the
official record.
2. The name of the Kentucky agency
that is responsible for administrating
and enforcing the requirements for
which a waiver is requested, namely the
Natural Resources and Environmental
Protection Cabinet of the
Commonwealth of Kentucky (the
‘‘Cabinet’’), which includes the
Department of Environmental
Protection, and within the Department,
the Division for Air Quality. The
officials within the Division for Air
Quality who are responsible for
Kentucky’s asbestos-in-schools program
are: John S. Lyons, Division Director;
Kevin Flowers, Manager of the
Division’s Field Operations Branch; and
Parker Moore, Manager of the Division’s
Special Programs Branch—telephone:
(502) 573–3382.
3. Detailed reasons, supporting
papers, and rationale for concluding
that Kentucky’s asbestos inspection and
management programs, for which the
waiver request is made, are at least as
stringent as the requirements of the
AHERA Schools Rule (40 CFR part 763,
subpart E).
4. A discussion of any special
situations, problems, and needs
pertaining to the waiver request
accompanied by an explanation of how
the Commonwealth intends to handle
them.
5. A statement of the resources that
Kentucky intends to devote to the
administration and enforcement of the
provisions relating to the waiver
request.
6. Copies of any specific or enabling
Kentucky laws and regulations relating
to the request, including provisions for
assessing criminal and/or civil
penalties.
7. Assurance from the Governor, that
the Cabinet has the legal authority
necessary to carry out the requirements
relating to the waiver request, as
indicated in the January, 4, 1999, letter
from Governor Patton of Kentucky to the
EPA Region 4 Regional Administrator,
as supplemented by the August 21,
2000, letter.
E. What Are the Criteria for EPA’s Grant
of the Waiver?
EPA may waive some or all of the
requirements of the Agency’s asbestosin-schools program if the Agency
determines that Kentucky has met the
criteria set forth at 40 CFR 763.98. The
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criteria and EPA’s preliminary
determinations relating to the grant of
the waiver to Kentucky are set forth
below:
1. Kentucky’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 Section I.D.1 of this
notice give the Kentucky Division for
Air Quality the legal authority necessary
to carry out the provisions of asbestos
inspection and management in schools
relating to the waiver request.
2. Kentucky’s program of asbestos
inspection and management in schools
and its implementation of the program
are or will be at least as stringent as the
requirements of the AHERA Schools
Rule.
EPA Preliminary Determination
EPA has determined preliminarily
that Kentucky’s program is at least as
stringent as EPA’s program. On January
25, 1989, Kentucky adopted the
requirements of 40 CFR part 763,
subpart E in their entirety, with the
exception of §§ 763.83 (definitions),
763.97 (compliance and enforcement),
and 763.98 (waiver; delegation to State),
into the Kentucky Regulation 401 KAR
58:010 ‘‘Local Education Agencies.’’
Kentucky also adopted several
provisions which supplement and
clarify this rule.
3. Kentucky 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 Kentucky’s asbestos-inschools program are adequate to run the
program. The Kentucky Environmental
and Public Protection Cabinet is
empowered under KRS 224.10–100 to
provide for the prevention, abatement,
and control of air pollution. KRS
224.10–100(5). This includes the
authority to ‘‘enter and inspect any
property or premises for the purpose of
investigating either actual or suspected
sources of pollution or contamination or
for the purpose of ascertaining
compliance or noncompliance with this
chapter, or any regulation which may be
promulgated there under.’’ KRS 224.10–
100(10). Any person who violates any
provision of state law or any
determination, permit, administrative
regulation or order of the Cabinet
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31185
relating to the Asbestos Hazard
Emergency Response Act (AHERA) of
1986, Public Law 99–519, is liable to the
Commonwealth of Kentucky for a civil
penalty in an amount not to exceed
$25,000 for each violation. KRS 224.99–
010(4). A person who knowing violates
these provisions or who knowingly
provides false information is guilty of a
Class D felony and punishable by a fine
not to exceed $25,000, or by
imprisonment for a term of not less than
one year and not more than five years
or by both for each separate violation.
The Cabinet also has the authority to
bring an action for an injunction against
any person violating or threatening to
violate any provision of the Kentucky
statute, regulation, or order or
determination of the cabinet related to
AHERA. KRS 224.99–020.
To help ensure compliance with its
asbestos regulations, the Division for Air
Quality has developed a Neutral
Administrative Inspection Scheme
(NAIS) for targeting non-compliant
inspections. By focusing on activities
where problems are most likely to
occur, the NAIS is designed to
maximize the effectiveness of their
inspection/ enforcement efforts toward
preventing and controlling asbestosrelated risks to human health and the
environment. The NAIS was revised
October 9, 1998. The Division for Air
Quality under a cooperative agreement
with EPA uses compliance monitoring
and enforcement protocols for
overseeing Kentucky’s Asbestos-inSchools Program, pursuant to the
Asbestos Hazard Emergency Response
Act and the Kentucky AHERA
regulations. The enforcement protocol
includes: Warning Letter (Notice of
Noncompliance), Administrative Action
(Notice of Violation), and Civil Action.
The enforcement protocol was revised
October 9, 1998.
4. Kentucky has or will have qualified
personnel to carry out the provisions
relating to the waiver request.
EPA’s Preliminary Determination
EPA has determined preliminarily
that Kentucky has qualified personnel to
carry out the provisions of the waiver.
The existing program staff includes 14
employees trained to stringently enforce
the requirements of 40 CFR part 763,
subpart E. The program will be carried
out by staff in the Kentucky
Environmental and Public Protection
Cabinet, Division for Air Quality. The
Division’s Field Operations Branch
includes seven asbestos inspectors
located in seven regional offices around
the Commonwealth. The Division’s
Special Programs Branch is responsible
for reviewing AHERA management
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices
plans, re-inspections, and issuing
AHERA accreditations. The Division’s
Enforcement Branch is responsible for
enforcement actions involving AHERA
violations. Kentucky commits
approximately four persons each year to
AHERA compliance monitoring and
enforcement activities under the EPA
TSCA Asbestos Enforcement Grant. Staff
is fully-trained and certified as
Contractor/Supervisor, Inspector, and
Management Planner.
5. Kentucky 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 the resources developed by the
Kentucky Division for Air Quality are
adequate to effectively administer and
enforce the provisions of the asbestos
program in Kentucky. Kentucky
continues to receive funding through an
EPA cooperative agreement in the
amount of $60,000 with state matching
funds of $20,000 for a total of $80,000
for FY 2006.
6. Kentucky 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 criteria
numbers 2–4 above.
F. What Recordkeeping and Reporting
Burden Approvals Apply to the
Kentucky 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 simply announces the
Agency’s receipt of the Kentucky waiver
request and therefore it imposes no
additional burden beyond that covered
under existing OMB control number
2070–0091.
II. Materials in the Official Record
The official record, under Docket ID
Number EPA–HQ–OPPT–2005–0096,
contains the Kentucky waiver request,
and any other supporting or relevant
documents.
Dated: May 11, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E6–8399 Filed 5–31–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R01–OW–2006–0435; FRL–8177–6]
Massachusetts Marine Sanitation
Device Standard—Receipt of Petition
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EPA’s Preliminary Determination
Environmental Protection
Agency (EPA).
ACTION: Notice—Receipt of Petition.
For EPA to grant a full waiver to
Kentucky for its asbestos-in-schools
program, the Commonwealth, as a
condition of the grant, would need to
give a written assurance satisfactory to
EPA that if, any provision of either
TSCA section 203 or the AHERA
Schools Rule is changed, the
Commonwealth 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, Kentucky
would need to continue its asbestos-inschools implementation and
enforcement strategy utilizing adequate
resources. EPA may evaluate
periodically the adequacy of Kentucky’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.
SUMMARY: Notice is hereby given that a
petition has been received from the
Commonwealth of Massachusetts
requesting a determination by the
Regional Administrator, U.S.
Environmental Protection Agency, that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for the waters of Plymouth
Bay, Plymouth Harbor, Kingston Bay,
and Duxbury Bay; their respective
coastlines and coastal tidal rivers.
DATES: Comments must be received on
or before July 3, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OW–2006–0435 by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: rodney.ann@epa.gov.
• Fax: (617) 918–0538.
• Mail and hand delivery: U.S.
Environmental Protection Agency—New
England Region, One Congress Street,
Suite 1100, mail code–COP, Boston, MA
02114–2023. Deliveries are only
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AGENCY:
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accepted during the Regional Office’s
normal hours of operation (8 a.m.–5
p.m., Monday through Friday, excluding
legal holidays), and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OW–2006–
0435 EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copy-righted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency—New England Region, One
Congress Street, Suite 1100, mail code–
COP, Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office’s are
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Agencies
[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Notices]
[Pages 31183-31186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8399]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2005-0096; FRL-8176-7]
Asbestos-Containing Materials in Schools; State Request for
Waiver From Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed approval and request for comments.
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SUMMARY: This action provides notice and an opportunity for public
hearing, and solicits written comments on EPA's proposed waiver of the
requirements of the Federal asbestos-in-schools program for the
Commonwealth of Kentucky. A waiver request will be granted if EPA
determines that the Commonwealth of Kentucky is implementing or intends
to implement a state program of asbestos inspection that is at least as
stringent as the federal program. This action provides notice and an
opportunity for a public hearing, and solicits written comments on the
waiver request submitted by the Commonwealth of Kentucky.
DATES: Written comments under Docket ID Number OPPT-2005-0096 must be
received by July 31, 2006. 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 July 31, 2006, 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 Kentucky following the comment period. EPA will
announce the date of the public hearing in the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OPPT-2005-0096, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: hund.john@epa.gov.
3. Fax: (404) 562-8972.
4. Mail: Docked ID Number EPA-HQ-OPPT-2005-0096, Asbestos
Coordinator, Region 4, Environmental Protection Agency, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960.
5. Hand Delivery or Courier: John Hund, Asbestos Coordinator,
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, GA 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional
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Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID Number EPA-HQ-OPPT-
2005-0096. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in https://
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. Background
A. What Action Is the Agency Taking?
EPA is considering granting, with conditions, a waiver of the
asbestos-in-schools program to the Commonwealth of Kentucky. This
notice is issued, and the waiver, if granted, would be 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.
B. 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.
C. When Did Kentucky Submit Its Request for a Waiver and How Is EPA
Proposing To Respond?
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.
EPA is hereby issuing a notice in the Federal Register announcing
receipt of the complete Kentucky waiver request and an opportunity for
comment and public hearing, and making the request and supporting
documentation available in the public record for this notice. The
Agency is also describing the information submitted by Kentucky and the
Agency's preliminary determination as to how the waiver request meets
the criteria for the grant of a waiver.
D. What was EPA's Determination With Regard to the Completeness of
Kentucky's Waiver Request?
The Kentucky waiver request has been deemed complete by EPA with
regard to the required contents specified at 40 CFR 763.98 and contains
the following:
1. A copy of the Kentucky provisions relating to its program of
asbestos inspection and management in schools for which the request is
made. These consist of the following, as well as other supporting
documentation: (a) Kentucky Revised Statutes (KRS) section 224.20-300
``Asbestos Control: Purpose;'' section 224.99-010(12) ``Penalties;''
section 224.99-020(1) ``Action to recover penalties and costs--
Injunctive relief;'' (b) 401 Kentucky Administrative Regulations (KAR)
58:010 ``Local education agencies;'' (c) Kentucky AHERA Compliance-
Monitoring Protocol, which includes the Neutral Administrative
Inspection Scheme for Asbestos Compliance-Monitoring inspections in
Kentucky; and (d)
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Kentucky's Enforcement Protocol for Violations of Certain AHERA
Requirements Associated with Accreditations, Management Plans, and
Recordkeeping. A copy of each of these documents and other supporting
documentation is included in the official record.
2. The name of the Kentucky agency that is responsible for
administrating and enforcing the requirements for which a waiver is
requested, namely the Natural Resources and Environmental Protection
Cabinet of the Commonwealth of Kentucky (the ``Cabinet''), which
includes the Department of Environmental Protection, and within the
Department, the Division for Air Quality. The officials within the
Division for Air Quality who are responsible for Kentucky's asbestos-
in-schools program are: John S. Lyons, Division Director; Kevin
Flowers, Manager of the Division's Field Operations Branch; and Parker
Moore, Manager of the Division's Special Programs Branch--telephone:
(502) 573-3382.
3. Detailed reasons, supporting papers, and rationale for
concluding that Kentucky's asbestos inspection and management programs,
for which the waiver request is made, are at least as stringent as the
requirements of the AHERA Schools Rule (40 CFR part 763, subpart E).
4. A discussion of any special situations, problems, and needs
pertaining to the waiver request accompanied by an explanation of how
the Commonwealth intends to handle them.
5. A statement of the resources that Kentucky intends to devote to
the administration and enforcement of the provisions relating to the
waiver request.
6. Copies of any specific or enabling Kentucky laws and regulations
relating to the request, including provisions for assessing criminal
and/or civil penalties.
7. Assurance from the Governor, that the Cabinet has the legal
authority necessary to carry out the requirements relating to the
waiver request, as indicated in the January, 4, 1999, letter from
Governor Patton of Kentucky to the EPA Region 4 Regional Administrator,
as supplemented by the August 21, 2000, letter.
E. What Are the Criteria for EPA's Grant of the Waiver?
EPA may waive some or all of the requirements of the Agency's
asbestos-in-schools program if the Agency determines that Kentucky 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
Kentucky are set forth below:
1. Kentucky'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 Section I.D.1 of this notice give the Kentucky
Division for Air Quality the legal authority necessary to carry out the
provisions of asbestos inspection and management in schools relating to
the waiver request.
2. Kentucky's program of asbestos inspection and management in
schools and its implementation of the program are or will be at least
as stringent as the requirements of the AHERA Schools Rule.
EPA Preliminary Determination
EPA has determined preliminarily that Kentucky's program is at
least as stringent as EPA's program. On January 25, 1989, Kentucky
adopted the requirements of 40 CFR part 763, subpart E in their
entirety, with the exception of Sec. Sec. 763.83 (definitions), 763.97
(compliance and enforcement), and 763.98 (waiver; delegation to State),
into the Kentucky Regulation 401 KAR 58:010 ``Local Education
Agencies.'' Kentucky also adopted several provisions which supplement
and clarify this rule.
3. Kentucky 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 Kentucky's asbestos-in-schools program are
adequate to run the program. The Kentucky Environmental and Public
Protection Cabinet is empowered under KRS 224.10-100 to provide for the
prevention, abatement, and control of air pollution. KRS 224.10-100(5).
This includes the authority to ``enter and inspect any property or
premises for the purpose of investigating either actual or suspected
sources of pollution or contamination or for the purpose of
ascertaining compliance or noncompliance with this chapter, or any
regulation which may be promulgated there under.'' KRS 224.10-100(10).
Any person who violates any provision of state law or any
determination, permit, administrative regulation or order of the
Cabinet relating to the Asbestos Hazard Emergency Response Act (AHERA)
of 1986, Public Law 99-519, is liable to the Commonwealth of Kentucky
for a civil penalty in an amount not to exceed $25,000 for each
violation. KRS 224.99-010(4). A person who knowing violates these
provisions or who knowingly provides false information is guilty of a
Class D felony and punishable by a fine not to exceed $25,000, or by
imprisonment for a term of not less than one year and not more than
five years or by both for each separate violation. The Cabinet also has
the authority to bring an action for an injunction against any person
violating or threatening to violate any provision of the Kentucky
statute, regulation, or order or determination of the cabinet related
to AHERA. KRS 224.99-020.
To help ensure compliance with its asbestos regulations, the
Division for Air Quality has developed a Neutral Administrative
Inspection Scheme (NAIS) for targeting non-compliant inspections. By
focusing on activities where problems are most likely to occur, the
NAIS is designed to maximize the effectiveness of their inspection/
enforcement efforts toward preventing and controlling asbestos-related
risks to human health and the environment. The NAIS was revised October
9, 1998. The Division for Air Quality under a cooperative agreement
with EPA uses compliance monitoring and enforcement protocols for
overseeing Kentucky's Asbestos-in-Schools Program, pursuant to the
Asbestos Hazard Emergency Response Act and the Kentucky AHERA
regulations. The enforcement protocol includes: Warning Letter (Notice
of Noncompliance), Administrative Action (Notice of Violation), and
Civil Action. The enforcement protocol was revised October 9, 1998.
4. Kentucky has or will have qualified personnel to carry out the
provisions relating to the waiver request.
EPA's Preliminary Determination
EPA has determined preliminarily that Kentucky has qualified
personnel to carry out the provisions of the waiver. The existing
program staff includes 14 employees trained to stringently enforce the
requirements of 40 CFR part 763, subpart E. The program will be carried
out by staff in the Kentucky Environmental and Public Protection
Cabinet, Division for Air Quality. The Division's Field Operations
Branch includes seven asbestos inspectors located in seven regional
offices around the Commonwealth. The Division's Special Programs Branch
is responsible for reviewing AHERA management
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plans, re-inspections, and issuing AHERA accreditations. The Division's
Enforcement Branch is responsible for enforcement actions involving
AHERA violations. Kentucky commits approximately four persons each year
to AHERA compliance monitoring and enforcement activities under the EPA
TSCA Asbestos Enforcement Grant. Staff is fully-trained and certified
as Contractor/Supervisor, Inspector, and Management Planner.
5. Kentucky 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 the resources developed by
the Kentucky Division for Air Quality are adequate to effectively
administer and enforce the provisions of the asbestos program in
Kentucky. Kentucky continues to receive funding through an EPA
cooperative agreement in the amount of $60,000 with state matching
funds of $20,000 for a total of $80,000 for FY 2006.
6. Kentucky 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 criteria numbers 2-4 above.
EPA's Preliminary Determination
For EPA to grant a full waiver to Kentucky for its asbestos-in-
schools program, the Commonwealth, as a condition of the grant, would
need to give a written assurance satisfactory to EPA that if, any
provision of either TSCA section 203 or the AHERA Schools Rule is
changed, the Commonwealth 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, Kentucky would need to continue its asbestos-in-schools
implementation and enforcement strategy utilizing adequate resources.
EPA may evaluate periodically the adequacy of Kentucky'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.
F. What Recordkeeping and Reporting Burden Approvals Apply to the
Kentucky 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 simply announces the
Agency's receipt of the Kentucky waiver request and therefore it
imposes no additional burden beyond that covered under existing OMB
control number 2070-0091.
II. Materials in the Official Record
The official record, under Docket ID Number EPA-HQ-OPPT-2005-0096,
contains the Kentucky waiver request, and any other supporting or
relevant documents.
Dated: May 11, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E6-8399 Filed 5-31-06; 8:45 am]
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