EPA air monitoring chain of custody, Jan 2003

NYC 9/11 Public Portal Document

§763.98 40 CFR Ch. I <7-1-00 Edition) will serve as the central contact point the Federal Register before the date for the EPA. of the hearing. Each comment shall in­ (3) Detailed reasons, supporting pa­ clude the name and address of the per­ pers, and the rationale for concluding son submitting the comment, that the State’s asbestos Inspection (d) Criteria. EPA may waive some or and management program provisions all of the requirements of subpart E of for which the request is made are at this part If: least as stringent as the requirements (1) The State’s lead agency and other of this subpart E. cooperating agencies have the legal au­ (4) A discussion of any special situa­ thority necessary to carry out the pro­ tions, problems, and needs pertaining visions of asbestos Inspection and man­ to the waiver request accompanied by agement in schools relating to the an explanation of how the State In­ waiver request, tends to handle them. (2) The State’s program of asbestos (5) A statement of the resources that inspection and management in schools the State intends to devote to the ad­ relating to the waiver request and Im­ ministration and enforcement of the plementation of the program are or provisions relating to the waiver re­ will be at least as stringent as the re­ quest, quirements of this subpart E, (6) Copies of any specific or enabling (3) The State has an enforcement State laws (enacted and pending enact­ mechanism to allow It to implement ment) and regulations (promulgated the program described In the waiver re­ and pending promulgation) relating to quest, the request, including provisions for (4) The lead agency and any cooper­ assessing criminal and/or civil pen­ ating agencies have or will have quali­ alties, fied personnel to carry out the provi­ (7) Assurance from the Governor, the sions relating to the waiver request. Attorney General, or the legal counsel (5) The State will devote adequate re­ of the lead agency that the lead agency sources to the administration and en­ or other cooperating agencies have the forcement of the asbestos inspection legal authority necessary to cariy out and management provisions relating to the requirements relating to the re­ the waiver request. quest. (6) When specified by EPA, the State (c) General notice—hearing. (1) Within gives satisfactory assurances that nec­ 30 days after receipt of a request for a essary steps, including specific actions waiver, EPA will determine the com­ It proposes to take and a time schedule pleteness of the request. If EPA does for their accomplishment, will be not request further information within taken within a reasonable time to con­ the 30-day period, the request will be form with applicable criteria under deemed complete, paragraphs (d) (2) through (4) of this (2) Within 30 days after EPA deter­ section. mines that a request Is complete, EPA (e) Decision. EPA will Issue for publi­ will issue for publication in the Fed­ cation in the FEDERAL REGISTER a no­ eral Register a notice that announces tice announcing its decision to grant or receipt of the request, describes the in­ deny, in whole or in part, a Governor’s formation submitted under paragraph request for a waiver from some or all of (b) of this section, and solicits written the requirements of this subpart E comment from interested members of within 30 days after the close of the the public. Comments must be sub­ comment period or within 30 days fol­ mitted within 60 days. lowing a public hearing, whichever is (3) If, during the comment period, applicable. The notice will Include the EPA receives a written objection to a Agency’s reasons and rationale for Governor’s request and a request for a granting or denying the Governor’s re­ public hearing detailing specific objec­ quest. The 30-day period may be ex­ tions to the granting of a waiver, EPA tended if mutually agreed upon by EPA will schedule a public hearing to be and the State. held in the affected State after the (f) Modifications. When any substan­ close of the comment period and will tial change is made in the administra­ announce the public hearing date in tion or enforcement of a State program

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