
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
