§ 2645. — Submission to State Governor.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2645]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2645. Submission to State Governor
(a) Submission
Within 720 days after October 22, 1986 (or within 810 days if there
are no regulations under section 2643(i) of this title), a local
educational agency shall submit a management plan developed pursuant to
regulations promulgated under section 2643(i) of this title (or under
section 2644(d) of this title if there are no regulations) to the
Governor of the State in which the local educational agency is located.
(b) Governor requirements
Within 360 days after October 22, 1986, the Governor of each State--
(1) shall notify local educational agencies in the State of
where to submit their management plans under this section, and
(2) may establish administrative procedures for reviewing
management plans submitted under this section.
If the Governor establishes procedures under paragraph (2), the Governor
shall designate to carry out the reviews those State officials who are
responsible for implementing environmental protection or other public
health programs, or with authority over asbestos programs, in the State.
(c) Management plan review
(1) Review of plan
The Governor may disapprove a management plan within 90 days
after the date of receipt of the plan if the plan--
(A) does not conform with the regulations under section
2643(i) of this title (or with section 2644(d) of this title if
there are no regulations),
(B) does not assure that contractors who are accredited
pursuant to this subchapter will be used to carry out the plan,
or
(C) does not contain a response action schedule which is
reasonable and timely, taking into account circumstances
relevant to the speed at which the friable asbestos-containing
material in the school buildings under the local educational
agency's authority should be responded to, including human
exposure to the asbestos while the friable asbestos-containing
material remains in the school building, and the ability of the
local educational agency to continue to provide educational
services to the community.
(2) Revision of plan
If the State Governor disapproves a plan, the State Governor
shall explain in writing to the local educational agency the reasons
why the plan was disapproved and the changes that need to be made in
the plan. Within 30 days after the date on which notice is received
of disapproval of its plan, the local educational agency shall
revise the plan to conform with the State Governor's suggested
changes. The Governor may extend the 30-day period for not more than
90 days.
(d) Deferral of submission
(1) Request for deferral
A local educational agency may request a deferral, to May 9,
1989, of the deadline under subsection (a) of this section. Upon
approval of such a request, the deadline under subsection (a) of
this section is deferred until May 9, 1989, for the local
educational agency which submitted the request. Such a request may
cover one or more schools under the authority of the agency and
shall include a list of all the schools covered by the request. A
local educational agency shall file any such request with the State
Governor by October 12, 1988, and shall include with the request
either of the following statements:
(A) A statement--
(i) that the State in which the agency is located has
requested from the Administrator, before June 1, 1988, a
waiver under section 2643(m) of this title; and
(ii) that gives assurance that the local educational
agency has carried out the notification and, in the case of
a public school, public meeting required by paragraph (2).
(B) A statement, the accuracy of which is sworn to by a
responsible official of the agency (by notarization or other
means of certification), that includes the following with
respect to each school for which a deferral is sought in the
request:
(i) A statement that, in spite of the fact that the
local educational agency has made a good faith effort to
meet the deadline for submission of a management plan under
subsection (a) of this section, the agency will not be able
to meet the deadline. The statement shall include a brief
explanation of the reasons why the deadline cannot be met.
(ii) A statement giving assurance that the local
educational agency has made available for inspection by the
public, at each school for which a deferral is sought in the
request, at least one of the following documents:
(I) A solicitation by the local educational agency
to contract with an accredited asbestos contractor for
inspection or management plan development.
(II) A letter attesting to the enrollment of school
district personnel in an Environmental Protection
Agency-accredited training course for inspection and
management plan development.
(III) Documentation showing that an analysis of
suspected asbestos-containing material from the school
is pending at an accredited laboratory.
(IV) Documentation showing that an inspection or
management plan has been completed in at least one other
school under the local educational agency's authority.
(iii) A statement giving assurance that the local
educational agency has carried out the notification and, in
the case of a public school, public meeting required by
paragraph (2).
(iv) A proposed schedule outlining all significant
activities leading up to submission of a management plan by
May 9, 1989, including inspection of the school (if not
completed at the time of the request) with a deadline of no
later than December 22, 1988, for entering into a signed
contract with an accredited asbestos contractor for
inspection (unless such inspections are to be performed by
school personnel), laboratory analysis of material from the
school suspected of containing asbestos, and development of
the management plan.
(2) Notification and public meeting
Before filing a deferral request under paragraph (1), a local
educational agency shall notify affected parent, teacher, and
employee organizations of its intent to file such a request. In the
case of a deferral request for a public school, the local
educational agency shall discuss the request at a public meeting of
the school board with jurisdiction over the school, and affected
parent, teacher, and employee organizations shall be notified in
advance of the time and place of such meeting.
(3) Response by Governor
(A) Not later than 30 days after the date on which a Governor
receives a deferral request under paragraph (1) from a local
educational agency, the Governor shall respond to the local
educational agency in writing by acknowledging whether the request
is complete or incomplete. If the request is incomplete, the
Governor shall identify in the response the items that are missing
from the request.
(B) A local educational agency may correct any deficiencies in
an incomplete deferral request and refile the request with the
Governor. In any case in which the local educational agency decides
to refile the request, the agency shall refile the request, and the
Governor shall respond to such refiled request in the manner
described in subparagraph (A), no later than 15 days after the local
educational agency has received a response from the Governor under
subparagraph (A).
(C) Approval of a deferral request under this subsection occurs
only upon the receipt by a local educational agency of a written
acknowledgment from the Governor that the agency's deferral request
is complete.
(4) Submission and review of plan
A local educational agency whose deferral request is approved
shall submit a management plan to the Governor not later than May 9,
1989. Such management plan shall include a copy of the deferral
request and the statement accompanying such request. Such management
plan shall be reviewed in accordance with subsection (c) of this
section, except that the Governor may extend the 30-day period for
revision of the plan under subsection (c)(2) of this section for
only an additional 30 days (for a total of 60 days).
(5) Implementation of plan
The approval of a deferral request from a local educational
agency shall not be considered to be a waiver or exemption from the
requirement under section 2643(i) of this title for the local
educational agency to begin implementation of its management plan by
July 9, 1989.
(6) EPA notice
(A) Not later than 15 days after July 18, 1988, the
Administrator shall publish in the Federal Register the following:
(i) A notice describing the opportunity to file a request
for deferral under this subsection.
(ii) A list of the State offices (including officials (if
available) in each State as designated under subsection (b) of
this section) with which deferral requests should be filed.
(B) As soon as practicable, but in no event later than 30 days,
after July 18, 1988, the Administrator shall mail a notice
describing the opportunity to file a request for deferral under this
subsection to each local educational agency and to each State office
in the list published under subparagraph (A).
(e) Status reports
(1) Not later than December 31, 1988, the Governor of each State
shall submit to the Administrator a written statement on the status of
management plan submissions and deferral requests by local educational
agencies in the State. The statement shall be made available to local
educational agencies in the State and shall contain the following:
(A) A list containing each local educational agency that
submitted a management plan by October 12, 1988.
(B) A list containing each local educational agency whose
deferral request was approved.
(C) A list containing each local educational agency that failed
to submit a management plan by October 12, 1988, and whose deferral
request was disapproved.
(D) A list containing each local educational agency that failed
to submit a management plan by October 12, 1988, and did not submit
a deferral request.
(2) Not later than December 31, 1989, the Governor of each State
shall submit to the Administrator an updated version of the written
statement submitted under paragraph (1). The statement shall be made
available to local educational agencies in the State and shall contain
the following:
(A) A list containing each local educational agency whose
management plan was submitted and not disapproved as of October 9,
1989.
(B) A list containing each local educational agency whose
management plan was submitted and disapproved, and which remains
disapproved, as of October 9, 1989.
(C) A list containing each local educational agency that
submitted a management plan after May 9, 1989, and before October
10, 1989.
(D) A list containing each local educational agency that failed
to submit a management plan as of October 9, 1989.
(Pub. L. 94-469, title II, Sec. 205, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2979; amended Pub. L. 100-368, Secs. 1(a), 2,
July 18, 1988, 102 Stat. 829, 831.)
Amendments
1988--Subsec. (d). Pub. L. 100-368, Sec. 1(a), added subsec. (d).
Subsec. (e). Pub. L. 100-368, Sec. 2, added subsec. (e).
Section Referred to in Other Sections
This section is referred to in sections 2643, 2644, 2646, 2647, 2655
of this title.
