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

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. shall notify local educational agencies in the State of where to submit their management plans under this section, and may establish administrative procedures for reviewing management plans submitted under this section. 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), does not assure that contractors who are accredited pursuant to this subchapter will be used to carry out the plan, or 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. 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. 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 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). 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), 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. A solicitation by the local educational agency to contract with an accredited asbestos contractor for inspection or management plan development. A letter attesting to the enrollment of school district personnel in an Environmental Protection Agency-accredited training course for inspection and management plan development. Documentation showing that an analysis of suspected asbestos-containing material from the school is pending at an accredited laboratory. Documentation showing that an inspection or management plan has been completed in at least one other school under the local educational agency’s authority. 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). 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. 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. 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. 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). 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. 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), except that the Governor may extend the 30-day period for revision of the plan under subsection (c)(2) for only an additional 30 days (for a total of 60 days). 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 . A notice describing the opportunity to file a request for deferral under this subsection. A list of the State offices (including officials (if available) in each State as designated under subsection (b)) with which deferral requests should be filed. 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). A list containing each local educational agency that submitted a management plan by October 12, 1988 . A list containing each local educational agency whose deferral request was approved. A list containing each local educational agency that failed to submit a management plan by October 12, 1988 , and whose deferral request was disapproved. 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. A list containing each local educational agency whose management plan was submitted and not disapproved as of October 9, 1989 . A list containing each local educational agency whose management plan was submitted and disapproved, and which remains disapproved, as of October 9, 1989 . A list containing each local educational agency that submitted a management plan after May 9, 1989 , and before October 10, 1989 . A list containing each local educational agency that failed to submit a management plan as of October 9, 1989 .