DEFERRAL OF DEADLINE FOR SUBMISSION OF ASBESTOS MANAGEMENT PLANS.

SECTION 1. DEFERRAL OF DEADLINE FOR SUBMISSION OF ASBESTOS MANAGEMENT PLANS. (a) Request for Deferral of Submission of Management Plan.— Section 205 of the Toxic Substances Control Act (15 U.S.C. 2645) is amended by adding at the end the following new subsection: “(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). Upon approval of such a request, the deadline under subsection (a) 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 203(m); 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), 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: 102 STAT. 830 “(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 b«‘n 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. 102 STAT. 831 “(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), 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). “(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 203(i) 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 the date of the enactment of this subsection, 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)) with which deferral requests should be filed. “(B) As soon as practicable, but in no event later than 30 days, after the date of the enactment of this subsection, 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).”.