Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Notices 25921

following location: http://www.epa.gov/

ProjectXL. Public files on the project,

including the FPA, are also available for

review at the Town Hall, Town of Jay,

Maine. Questions to EPA regarding the

documents can be directed to Chris

Rascher at (617) 918–1834 or Ted

Cochin at (202) 260–0880. To be

included on the International Paper

Project XL mailing list about future

public meetings, XL progress reports

and other mailings from International

Paper on the XL project, contact

Kimberly Thompson, International

Paper, Androscoggin Mill, 207–897–

1554. For information on all other

aspects of the XL Program contact

Christopher Knopes at the following

address: Office of Policy and

Reinvention, United States

Environmental Protection Agency, 1200

Pennsylvania Avenue, NW (Mail Code

1802), Washington, DC 20460.

Additional information on Project XL,

including documents referenced in this

document, other EPA policy documents

related to Project XL, regional XL

contacts, application information, and

descriptions of existing XL projects and

proposals, is available via the Internet at

http://www.epa.gov/projectxl/inter/

page1.htm.

SUPPLEMENTARY INFORMATION: The Final

Project Agreement (FPA) is a voluntary

agreement developed by EPA,

International Paper, the State of Maine,

Town of Jay, and active stakeholders.

Project XL, announced in the Federal

Register on May 23, 1995 (60 FR 27282),

gives regulated sources the flexibility to

develop alternative strategies that will

replace or modify specific regulatory

requirements on the condition that they

produce greater environmental benefits.

On February 15, 2000, EPA

announced the availability of the draft

FPA and Test Plan in the Federal

Register (65 FR 7546) and requested

comments by March 16, 2000. No

comments were received as a result of

the announcement.

International Paper will develop, test,

and implement a computer model that

can estimate pollutant emissions on a

continuous basis. Currently,

International Paper is required to

measure some of these pollutants only

once every year. If successfully

developed and implemented, this

computer model will provide the

company and make available to the

community, information on emissions

that is continuous and reliable. To

accomplish this, IP will be granted

regulatory flexibility in two areas. The

first is to allow potential minor

exceedances above existing permit

limits for the waste fuel incinerator to

develop the computer model. However,

as set forth more fully in the FPA, IP

will offset any emission increases. The

second area of flexibility will involve

the frequency of stack testing and the

replacement of continuous emission

monitoring with the computer model, if

the computer model proves successful.

Elizabeth Shaw,

Deputy Associate Administrator, Office of

Reinvention Programs.

[FR Doc. 00–11143 Filed 5–3–00; 8:45 am]

BILLING CODE 6560–50–P

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.

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; email: pflum.neil@epa.gov.

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-inschools 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

25922 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Notices

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-inschools 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

Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Notices 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]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[PB–402404–MN–A; FRL–6499–3]

Lead-Based Paint Activities in Target

Housing and Child-Occupied Facilities;

State of Minnesota Approval of LeadBased Paint Activities Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; approval of the

Minnesota TSCA Section 402/404 LeadBased Paint Accreditation and

Certification Program.

SUMMARY: On September 29, 1999, the

State of Minnesota, through the

Minnesota Department of Health,

submitted an application for EPA

approval to administer and enforce

training and certification requirements,

training program accreditation

requirements, and work practice

standards for lead-based paint activities

in target housing and child-occupied

facilities under section 402 of the Toxic

Substances Control Act (TSCA).

Minnesota provided a self-certification

letter stating that its program is at least

as protective of human health and the

environment as the Federal program and

it has the legal authority and ability to

implement the appropriate elements

necessary to receive EPA approval. In

the Federal Register of December 22,

1999 (64 FR 71781) (FRL–6393–2), EPA

published a notice announcing receipt

of the State’s application and requesting

public comment and/or opportunity for

a public hearing on the State’s

application. EPA did not receive any

comments regarding any aspect of the

Minnesota program and/or application.

Today’s notice announces the approval

of the Minnesota application, and the

authorization of the Minnesota

Department of Health’s Lead-Based

Paint Activities Program to apply in the

State of Minnesota, effective September

29, 1999, in lieu of the corresponding

Federal program under section 402 of

TSCA.

DATES: Based upon the State’s selfcertification, Lead-Based Paint

Activities Program authorization was

granted to the State of Minnesota on

September 29, 1999.

FOR FURTHER INFORMATION CONTACT:

Emma Avant-Parks, Project Officer,

Environmental Protection Agency,

Region V, 77 W. Jackson Blvd., DT–8J,

Chicago, IL 60604. Telephone: 312–886–

7899; e-mail address:

avant.emma@epa.gov.

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 interest to firms and individuals

engaged in lead-based paint activities in

Minnesota. Since other entities may also

be interested, the Agency has not

attempted to describe all the specific

entities that may be affected by this

action. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of This

Document or Other Related Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number PB–

402404–MN. The official record consists

of the documents specifically referenced

in this action, this notice, the State of

Minnesota authorization application,

any public comments received during

an applicable comment period, and

other information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period, is available

for inspection from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays. The docket is located at the

EPA Region V Office, Environmental

Protection Agency, Waste, Pesticides

and Toxics Division, Pesticides and

Toxic Substances Branch, Toxic

Programs Section, DT–8J, 77 West

Jackson Blvd., Chicago, IL.

II. Background

On October 28, 1992, the Housing and

Community Development Act of 1992,

Public Law 102–550, became law. Title

X of that statute was the Residential

Lead-Based Paint Hazard Reduction Act

of 1992. That Act amended TSCA (15

U.S.C. 2601 et seq.) by adding Title IV

(15 U.S.C. 2681–92), titled Lead

Exposure Reduction. Section 402 of

TSCA (15 U.S.C. 2682) authorizes and

directs EPA to promulgate final

regulations governing lead-based paint

activities in target housing, public and

commercial buildings, bridges and other

structures. Under section 404 of TSCA,

a State may seek authorization from

EPA to administer and enforce its own

lead-based paint activities program. On

August 29, 1996 (61 FR 45777) (FRL–

5389–9), EPA promulgated final TSCA

section 402/404 regulations (40 CFR

part 745) governing lead-based paint

activities in target housing and childoccupied facilities. States and Tribes

that choose to apply for program

authorization must submit a complete

application to the appropriate Regional

EPA Office for review. To receive EPA

approval, a State or Tribe must

demonstrate that its program is at least

as protective of human health and the

environment as the Federal program,

and provides for adequate enforcement

(TSCA section 404(b), 15 U.S.C.

2684(b)). EPA’s regulations (40 CFR part

745, subpart Q) provide the detailed

requirements a State or Tribal program

must meet in order to obtain EPA

approval.

Under these regulations, a State must

demonstrate that it has the legal

authority and ability to immediately