15 U.S.C. § 2645 : US Code - Section 2645: Submission to State Governor

Search 15 U.S.C. § 2645 : US Code - Section 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.