Forwarding WTC air monitoring scope for final review, Aug 2002

NYC 9/11 Public Portal Document

Environmental Protection Agency §763.98 access to or copying of records, as re­ Act (15 U.S.C. 2610) to ensure compli­ quired by this Act or a rule thereunder. ance. (3) Section 15(4) (15 U.S.C. 2614) of Title I of the Act makes it unlawful for § 763.98 Waiver; delegation to State. any person to fail or refuse to permit (a) General. (1) Upon request from a entry or inspection as required by sec­ State Governor and after notice and tion 11 of Title I of the Act. comment and an opportunity for a pub­ (4) Section 16(a) of Title I of the Act lic hearing in accordance with para­ (15 U.S.C. 2615) provides that any per­ graphs (b) and (c) of this section, EPA son who violates any provision of sec­ may waive some or all of the require­ tion 15 of Title I of the Act shall be lia­ ments of this subpart E if the State has ble to the United States for a civil pen­ established and is implementing or in­ alty in an amount not to exceed $25,000 tends to implement a program of asbes­ for each such violation. Each day such tos inspection and management that a violation continues shall, for pur­ contains requirements that are at least poses of this paragraph, constitute a as stringent as the requirements of this separate violation of section 15. A local subpart E. education agency is not liable for any (2) A waiver from any requirement of civil penalty under Title I of the Act this subpart E shall apply only to the for falling or refusing to comply with specific provision for which a waiver any rule promulgated or order issued has been granted under this section. under Title II of the Act. AU requirements of this subpart E (c) Criminal penalties. If any violation shall apply until a waiver is Ranted committed by any person (including a under this section. local education agency) is knowing or (b) Request. Each request by a Gov­ willful, criminal penalties may be as­ ernor to waive any requirement of this sessed under section 16(b) of Title I of subpart E shall be sent with three com­ the Act. plete copies of the request to the Re­ (d) Injunctive relief. The Agency may gional Administrator for the EPA Re­ obtain Injunctive relief under section gion in which the State is located and 208(b) of Title II of the Act to respond shall include: to a hazard which poses an imminent (1) A copy of the State provisions or and substantial endangerment to proposed provisions relating to its pro­ human health or the environment or gram of asbestos inspection and man­ section 17 (15 U.S.C. 2616) of Title I of agement in schools for which the re­ the Act to restrain any violation of quest is made. section 15 of Title I of the Act or to (2)(i) The name of the State agency compel the taking of any action re­ that is or will be responsible for admin­ quired by or under Title I of the Act. istering and enforcing the require­ (e) Citizen complaints. Any citizen who ments for which a waiver is requested, wishes to file a complaint pursuant to the names and Job titles of responsible section 207(d) of Title II of the Act officials in that agency, and phone should direct the complaint to the Gov­ numbers where the officials can be con­ ernor of the State or the EPA Asbestos tacted. Ombudsman, 401 M Street, SW., Wash­ (11) In the event that more than one ington, DC 20460, The citizen complaint agency is or will be responsible for ad­ should be in writing and identified as a ministering and enforcing the require­ citizen complaint pursuant to section ments for which a waiver is requested, 207(d) of Title II of TSCA. The EPA As­ a description of the functions to be per­ bestos Ombudsman or the Governor formed by each agency, how the pro­ shall investigate and respond to the gram will be coordinated by the lead complaint within a reasonable period agency to ensure consistency and effec­ of time if the allegations provide a rea­ tive administration in the asbestos in­ sonable basis to believe that a viola­ spection and management program tion of the Act has occurred. within the State, the names and Job ti­ (f) Inspections. EPA may conduct in­ tles of responsible officials in the agen­ spections and review mtmagement cies, and phone numbers where the offi­ plans under section 11 of Title I of the cials can be contacted. The lead agency

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