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 fall 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 tiny (2) A waiver from any requirement of
civil penalty under Title I of the Act this subpart E shall apply only to the
for failing 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, All requirements of this subpart E
(c) CrlaiJnal penalties. If any violation shall apply until a waiver is granted
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)(1) 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 (ii) 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 management 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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