15 U.S.C. § 2645 — Submission to State Governor

Page 1914 TITLE 15—COMMERCE AND TRADE § 2645 (iii) A description of the specific areas inspected. (iv) A list of the laboratories that ana- lyzed any bulk samples of asbestos-con- taining material or air samples of asbestos found in any school building and a state- ment describing the qualifications of each laboratory. (v) The results of the inspection. (B) The statement shall state whether any actions were taken with respect to any as- bestos-containing material found to be present, including a specific reference to whether any actions were taken in the boiler room of the building. If any such action was taken, the following items of information shall be included in the statement: (i) The location or locations at which the action was taken. (ii) A description of the method of ac- tion. (iii) The qualifications of the persons who conducted the action. (4) Standard The ambient interior concentration of asbes- tos after the completion of actions described in the most current guidance document, other than the type of action described in sections 2643(f) of this title and subsection (c) of this section, shall not exceed the ambient exterior concentration, discounting any contribution from any local stationary source. Either a scanning electron microscope or a trans- mission electron microscope shall be used to determine the ambient interior concentration. In the absence of reliable measurements, the ambient exterior concentration shall be deemed to be— (A) less than 0.003 fibers per cubic centi- meter if a scanning electron microscope is used, and (B) less than 0.005 fibers per cubic centi- meter if a transmission electron microscope is used. (5) Public availability A copy of the management plan shall be available in the administrative offices of the local educational agency for inspection by the public, including teachers, other school per- sonnel, and parents. The local educational agency shall notify parent, teacher, and em- ployee organizations of the availability of such plan. (e) Building occupant protection The local educational agency shall provide for the protection of building occupants during each phase of activity described in this section. (f) Transportation and disposal The local educational agency shall provide for the transportation and disposal of asbestos in accordance with the most recent version of the Environmental Protection Agency’s ‘‘Asbestos Waste Management Guidance’’ (or any successor to such document). (Pub. L. 94–469, title II, § 204, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2977.) § 2645. Submission to State Governor (a) Submission Within 720 days after October 22, 1986 (or with- in 810 days if there are no regulations under sec- tion 2643(i) of this title), a local educational agency shall submit a management plan devel- oped 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 Gov- ernor of each State— (1) shall notify local educational agencies in the State of where to submit their manage- ment 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 manage- ment plan within 90 days after the date of re- ceipt 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 author- ity should be responded to, including human exposure to the asbestos while the friable as- bestos-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 Page 1915 TITLE 15—COMMERCE AND TRADE § 2645 subsection (a). Upon approval of such a re- quest, the deadline under subsection (a) is de- ferred until May 9, 1989, for the local edu- cational agency which submitted the request. Such a request may cover one or more schools under the authority of the agency and shall in- clude 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 re- quest either of the following statements: (A) A statement— (i) that the State in which the agency is located has requested from the Adminis- trator, 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 no- tification and, in the case of a public school, public meeting required by para- graph (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 de- ferral 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 dead- line for submission of a management plan under subsection (a), the agency will not be able to meet the deadline. The state- ment 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 edu- cational agency to contract with an ac- credited asbestos contractor for inspec- tion or management plan development. (II) A letter attesting to the enroll- ment of school district personnel in an Environmental Protection Agency-ac- credited training course for inspection and management plan development. (III) Documentation showing that an analysis of suspected asbestos-con- taining material from the school is pend- ing 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 au- thority. (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 submis- sion 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), labora- tory analysis of material from the school suspected of containing asbestos, and de- velopment of the management plan. (2) Notification and public meeting Before filing a deferral request under para- graph (1), a local educational agency shall no- tify affected parent, teacher, and employee or- ganizations of its intent to file such a request. In the case of a deferral request for a public school, the local educational agency shall dis- cuss the request at a public meeting of the school board with jurisdiction over the school, and affected parent, teacher, and employee or- ganizations 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 ac- knowledging 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 re- quest and refile the request with the Governor. In any case in which the local educational agency decides to refile the request, the agen- cy 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 Gov- ernor 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 acknowl- edgment 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 manage- ment 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 manage- ment plan shall be reviewed in accordance with subsection (c), except that the Governor may extend the 30-day period for revision of the plan under subsection (c)(2) for only an ad- ditional 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 consid- ered to be a waiver or exemption from the re- quirement under section 2643(i) of this title for the local educational agency to begin imple- mentation 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: Page 1916 TITLE 15—COMMERCE AND TRADE § 2646 1 So in original. Probably should be ‘‘subparagraph (A)’’. (i) A notice describing the opportunity to file a request for deferral under this sub- section. (ii) A list of the State offices (including of- ficials (if available) in each State as des- ignated under subsection (b)) with which de- ferral requests should be filed. (B) As soon as practicable, but in no event later than 30 days, after July 18, 1988, the Ad- ministrator shall mail a notice describing the opportunity to file a request for deferral under this subsection to each local educational agen- cy and to each State office in the list pub- lished under subparagraph (A). (e) Status reports (1) Not later than December 31, 1988, the Gov- ernor of each State shall submit to the Adminis- trator a written statement on the status of man- agement plan submissions and deferral requests by local educational agencies in the State. The statement shall be made available to local edu- cational 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 re- quest 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 Gov- ernor of each State shall submit to the Adminis- trator an updated version of the written state- ment submitted under paragraph (1). The state- ment shall be made available to local edu- cational agencies in the State and shall contain the following: (A) A list containing each local educational agency whose management plan was sub- mitted and not disapproved as of October 9, 1989. (B) A list containing each local educational agency whose management plan was sub- mitted 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, § 205, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2979; amended Pub. L. 100–368, §§ 1(a), 2, July 18, 1988, 102 Stat. 829, 831.) Editorial Notes AMENDMENTS 1988—Subsec. (d). Pub. L. 100–368, § 1(a), added subsec. (d). Subsec. (e). Pub. L. 100–368, § 2, added subsec. (e). § 2646. Contractor and laboratory accreditation (a) Contractor accreditation A person may not— (1) inspect for asbestos-containing material in a school building under the authority of a local educational agency or in a public or com- mercial building, (2) prepare a management plan for such a school, or (3) design or conduct response actions, other than the type of action described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such a school or in a public or commercial building, unless such person is accredited by a State under subsection (b) or is accredited pursuant to an Administrator-approved course under sub- section (c). (b) Accreditation by State (1) Model plan (A) Persons to be accredited Within 180 days after October 22, 1986, the Administrator, in consultation with affected organizations, shall develop a model con- tractor accreditation plan for States to give accreditation to persons in the following categories: (i) Persons who inspect for asbestos-con- taining material in school buildings under the authority of a local educational agen- cy or in public or commercial buildings. (ii) Persons who prepare management plans for such schools. (iii) Persons who design or carry out re- sponse actions, other than the type of ac- tion described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such schools or in public or commercial build- ings. (B) Plan requirements The plan shall include a requirement that any person in a category listed in paragraph (1) 1 achieve a passing grade on an examina- tion and participate in continuing education to stay informed about current asbestos in- spection and response action technology. The examination shall demonstrate the knowledge of the person in areas that the Administrator prescribes as necessary and appropriate in each of the categories. Such examinations may include requirements for knowledge in the following areas: (i) Recognition of asbestos-containing material and its physical characteristics. (ii) Health hazards of asbestos and the relationship between asbestos exposure and disease. (iii) Assessing the risk of asbestos expo- sure through a knowledge of percentage weight of asbestos-containing material, friability, age, deterioration, location and accessibility of materials, and advantages and disadvantages of dry and wet response action methods. (iv) Respirators and their use, care, se- lection, degree of protection afforded, fit-