Forwarding WTC air monitoring scope for final review, Aug 2002

NYC 9/11 Public Portal Document

Environmental Protection Agency §763.99 for which a waiver weis granted under (4) Where EPA finds that deflciencles this section, a responsible official in in the State program exist, a plan to the lead agency shall submit such correct the deficiencies shall be nego­ changes to EPA. tiated between the State and EPA, The (g) Reports. The lead agency in each plan shall detail the deficiencies found State that has been granted a waiver in the State program, specify the steps by EPA from any requirement of sub­ the State has taken or will take to part E of this part shall submit a re­ remedy the deficiencies, and establish port to the Regional Administrator for a schedule for each remedial action to the Region in which the State is lo­ be initiated. cated at least once every 12 months to (j) Rescission. (1) If the State falls to Include the following information; meet with EPA or fails to correct defi­ (1) A summary of the State’s imple­ ciencies raised at the Informal con­ mentation and enforcement activities ference, EPA will deliver to the Gov­ during the last reporting period relat­ ernor of the State and a responsible of­ ing to provisions waived under this sec­ ficial in the lead agency a written no­ tion, Including enforcement actions tice of its intent to rescind, in whole or taken, part, the waiver. (2) Any changes in the administra­ (2) EPA will issue for publication in tion or enforcement of the State pro­ the Federal Register a notice that gram implemented during the last re­ announces the rescission of the waiver, porting period, describes those aspects of the State’s (3) Other reports eis may be required program determined to be inadequate, by EPA to carry out effective oversight and specifies the facts that underlie of any requirement of this subpart E that was waived under this section, the findings of inadequacy, (h) Oversight. EPA may periodically § 763.99 Exclusions. evaluate the adequacy of a State’s im­ plementation and enforcement of and (a) A local education agency shall resources devoted to carrying out re­ not be required to perform an inspec­ quirements relating to the waiver. This tion under §763,85(a) in any sampling evaluation may include, but is not lim­ area as defined in 40 CFR 763.103 or ho­ ited to, site visits to local education mogeneous area of a school building agencies without prior notice to the where; State. (1) An accredited inspector has deter­ (i) Informal conference. (1) EPA may mined that, based on sampling records, request that an informal conference be friable ACBM was Identified in that ho­ held between appropriate State and mogeneous or sampling area during an EPA officials when EPA has reason to inspection conducted before December believe that a State has failed to: 14, 1987, The Inspector shall sign and (i) Substantially comply with the date a statement to that effect with his terms of any provision that was waived or her State of accreditation and if ap­ under this section, plicable, accreditation number and, (11) Meet the criteria under paragraph within 30 days after such determina­ (d) of this section, including the failure tion, submit a copy of the statement to to carry out enforcement activities or the person designated under §763,84 for act on violations of the State program, inclusion in the management plan. (2) EPA will: However, an accredited Inspector shall (1) Specify to the State those aspects assess the friable ACBM under §763,88, of the State’s program believed to be (2) An accredited inspector has deter­ inadequate, mined that, based on sampling records, (11) Specify to the State the facts nonfriable ACBM was identified in that that underlie the belief of inadequacy. homogeneous or sampling area during (3) If EPA finds, on the basis of infor­ an inspection conducted before Decem­ mation submitted by the State at the ber 14, 1987, The inspector shall sign conference, that deficiencies did not and date a statement to that effect exist or were corrected by the State, no with his or her State of accreditation further action Is required. and if applicable, accreditation number

667

NYC-WTC_000139282