Toxic Substances Compliance Monitoring Cooperative Agreements

To (1) assist States, territories and possessions of the U.S.

including the District of Columbia, the commonwealth of Puerto Rico, and Indian Tribes in developing and maintaining compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with
chemical substances or mixtures within the States, specifically asbestos, PCBs, and lead-based paint; (2) encourage regulatory activities within the States to establish their own programs for lead-based paint and asbestos (waiver programs); and (3) for asbestos waiver state programs and lead-based paint programs fund enforcement activities.

EPA provides funding for cooperative compliance monitoring grants to States and Tribes under TSCA to conduct inspections to ensure compliance with the PCB regulations, the asbestos in schools requirements (inspections at charter schools, public schools, private schools and religious schools), the Model Accreditation Plan (MAP), and TSCA Asbestos Worker Protection Standards, and to conduct lead-based paint activities.

Authorized States also conduct enforcement for the lead-based program.

States that have obtained an EPA waiver from the asbestos regulation (Subpart E of Part 763) also have enforcement responsibilities.

Funding Priority - Fiscal Year 2008: For the Fiscal Year 2008 TSCA asbestos grant programs, asbestos waiver states have higher funding priority.

For the TSCA PCB, Lead and asbestos programs compliance monitoring activities are a funding priority, specifically ensuring uniform coverage of regulated community.

The activities in priority order are tracking and responding to tips, complaints, and situations involving non-compliance.

In addition, funding to ensure that state inspectors who conduct inspections using EPA credentials meet the minimum training standards will also be a priority.

The standards are found in the September 30, 2004 "Guidance for Issuing Federal EPA Inspector Credentials to Authorize Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA." It is a priority for states to conduct inspections and respond to tips and complaints (including taking enforcement action where appropriate).

Special attention should be given to tips alleging asbestos contamination at schools.

Any person may file a complaint with the Administrator or with the Governor of the State in which the school building is located with respect to asbestos-containing material in a school building.

Inspections should address charter schools, public schools, private schools and religious schools.

Inspections may be conducted for the Model Accreditation Plan (MAP), and the TSCA Asbestos Worker Protection Standards.

In non-waiver states with grants, the regions will follow-up on violations referred by the states, and develop appropriate enforcement responses.

States must forward to the regional office inspection reports from inspections conducted with EPA credentials for appropriate follow-up.

Where applicable, the regions should encourage states to apply for the "waiver" program.

The PCB program is part of the Agency's Persistent Bioaccumulative Toxics (PBT) program.

Due to their persistence, PCBs present major environmental/public health problems, especially when they reach food or water.

Priorities for PCBs should be determined based on EPA's National Program Guidance, Regional priorities, and State priorities.

Also for PCBs, EPA headquarters encourages the purchase and use of tablet personal computers with EPA developed template to automate the PCB inspection process and funding for travel related with training in the use of the table and PCB template.

States with authorized lead-based paint programs will focus compliance monitoring activities on individuals and firms which conduct lead abatement with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.Stateswith authorized lead-based paint programs will focus compliance monitoring activities on individuals and firms which conduct lead abatement with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.

Funding priorities in FY 2008, assuming the same funding provided in FY 2007, will be: (1) existing programs to ensure their continuance provided they continue to meet certain standards, ensuring inspection coverage of regulated community; (2) activities leading to waiver status for asbestos programs; (3) training activities as necessary for meeting training requirements necessary for obtaining/continuing EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and asbestos programs in non-waiver states); (4) new programs that provide inspection activity where there is an identified need; and (5) activities that further the use of new technology for conducting field inspections, e.g., use of personal computer Tablets to improve the efficiency of inspections, including travel and training.

States with authorized lead-based paint programs will focus compliance monitoring activities on individuals and firms which conduct lead abatement with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.

Funding priorities in FY2009: Assuming the same funding provided in FY 2008, will be: (1) existing compliance monitoring programs to ensure their continuance provided they meet certain standards, specifically ensuring uniform inspection coverage of regulated community; (2) activities leading to waiver status for asbestos programs; (3) training activities as necessary for meeting training requirements necessary for obtaining/continuing EPA credentials in those programs which require the use of EPA credentials (the PCB compliance monitoring programs and asbestos programs in non-waiver states); (4) new programs that provide inspection activity where there is an identified need; and (5) activities that further the use of new technology for conducting field inspections, e.g., use of personal computer Tablets and PCB template to improve the efficiency of inspections.

States with authorized lead-based paint programs will focus compliance monitoring activities on individuals and firms which conduct lead abatement and their continuance with the training and certification, and work practice standards requirements.here is an identified need; and (6) activities that further the use of new technology for conducting field inspections, e.g., use of personal computer Tablets to improve the efficiency of inspections.

States with authorized lead-based paint programs will focus compliance monitoring activities on individuals and firms which conduct lead abatement with the training and certification, and work practice standards requirements.

States with authorized renovation notice rules will also monitor those requirements.
Examples of Funded Projects

State agencies participating in the Federal/State enforcement cooperative agreement program receive funds to support and enhance compliance monitoring (inspection) and enforcement activities, as appropriate for the specific program.

Examples of program activities that may be funded include development of State enabling legislation for enforcement, inspections/investigations to evaluate compliance, follow-up inspections, initiation of appropriate enforcement action when violations are detected, equipment for inspections, development of compliance monitoring strategies/targeting approaches, development of software or e-forms capable of automating inspection data collection activities in the field, and training/workshops.

In addition, EPA is encouraging states/tribes to purchase Personal Portable Computers, i.e., Tablet PCs, that are compatible for use with PCB inspection software developed by EPA for conducting inspections and writing inspection reports.

The National Compliance Monitoring Branch (NCMPB) developed a PCB Inspection Template to make inspections more efficient and consistent by allowing the inspector to use handwriting recognition software to collect data electronically.

The software prints EPA notification forms; collects inspection data for opening and closing conferences, records reviews, and walkthroughs; makes available necessary reference materials; and assists in inspection report writing.

For Template software and training in the use of the Tablet PCs and PCB Template, state/tribes may request the PCB software and training on its use through their regional project officer.

It is anticipated software for asbestos inspections will be available in the near future.

Once developed, states are encouraged to purchase Tablet PCs compatible with the software developed and to use the Tablets to conduct the inspection and prepare the inspection report.