[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Pages 21683-21684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10770]


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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: [email protected].
    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: 
[email protected].

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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