15 U.S.C. § 2644 — Requirements if EPA fails to promulgate

Page 1913 TITLE 15—COMMERCE AND TRADE § 2644 1 So in original. Probably should be ‘‘subsection,’’. activities with respect to a school building under this subchapter. (m) Waiver The Administrator, upon request by a Gov- ernor and after notice and comment and oppor- tunity for a public hearing in the affected State, may waive some or all of the requirements of this section and section 2644 of this title with re- spect to such State if it has established and is implementing a program of asbestos inspection and management that contains requirements that are at least as stringent as the require- ments of this section and section 2644 of this title. (Pub. L. 94–469, title II, § 203, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2972; amended Pub. L. 101–637, § 13, Nov. 28, 1990, 104 Stat. 4593.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in subsec. (l)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables. AMENDMENTS 1990—Subsec. (d)(7). Pub. L. 101–637 added par. (7). § 2644. Requirements if EPA fails to promulgate regulations (a) In general (1) Failure to promulgate If the Administrator fails to promulgate within the prescribed period— (A) regulations described in section 2643(b) of this title (relating to inspection); (B) regulations described in section 2643(c), (d), (e), (f), (g), and (i) of this title (relating to responding to asbestos); or (C) regulations described in section 2643(h) of this title (relating to transportation and disposal); each local educational agency shall carry out the requirements described in this section in subsection (b); subsections (c), (d), and (e); or subsection (f); respectively, in accordance with the Environmental Protection Agency’s most current guidance document. (2) Stay by court If the Administrator has promulgated regu- lations described in paragraph (1)(A), (B), or (C) within the prescribed period, but the effec- tive date of such regulations has been stayed by a court for a period of more than 30 days, a local educational agency shall carry out the pertinent requirements described in this sub- section in accordance with the Environmental Protection Agency’s most current guidance document. (3) Effective period The requirements of this section shall be in effect until such time as the Administrator promulgates the pertinent regulations or until the stay is lifted (as the case may be). (b) Inspection (1) Except as provided in paragraph (2), the local educational agency, within 540 days after October 22, 1986, shall conduct an inspection for asbestos-containing material, using personnel accredited under section 2646(b) or (c) of this title and laboratories accredited under section 2646(d) of this title, in each school building under its authority. (2) The local educational agency may exclude from the inspection requirement in paragraph (1) any school building, or portion of a school building, if (A) an inspection of such school building (or portion) was completed before the date on which this section goes into effect, and (B) the inspection meets the inspection require- ments of this section. (c) Operation and maintenance The local educational agency shall, within 720 days after October 22, 1986, develop and begin implementation of an operation and mainte- nance plan with respect to friable asbestos-con- taining material in a school building under its authority. Such plan shall provide for the edu- cation of school service and maintenance per- sonnel about safety procedures with respect to asbestos-containing material, including friable asbestos-containing material. (d) Management plan (1) In general The local educational agency shall— (A) develop a management plan for re- sponding to asbestos-containing material in each school building under its authority and submit such plan to the Governor under sec- tion 2645 of this title within 810 days after October 22, 1986, (B) begin implementation of such plan within 990 days after October 22, 1986, and (C) complete implementation of such plan in a timely fashion. (2) Plan requirements The management plan shall— (A) include the elements listed in section 2643(i)(1) of this title, including an inspec- tion statement as described in paragraph (3) of this section,1 (B) provide for the attachment of warning labels as described in section 2643(i)(3) of this title, (C) be prepared in accordance with the most current guidance document, (D) meet the standard described in para- graph (4) for actions described in that para- graph, and (E) be submitted to the State Governor under section 2645 of this title. (3) Inspection statement The local educational agency shall complete an inspection statement, covering activities carried out before October 22, 1986, which meets the following requirements: (A) The statement shall include the fol- lowing information: (i) The dates of inspection. (ii) The name, address, and qualifica- tions of each inspector. 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