Page:United States Statutes at Large Volume 100 Part 4.djvu/49

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2977

"(6) SUBMISSION TO STATE GOVERNOR.—Each plan developed under this subsection shall be submitted to the State Governor under section 205. "(j) CHANGES IN REGULATIONS.—Changes may be made in the regulations promulgated under this section only by rule in accordance with section 553 of title 5, United States Code. Any such change must protect human health and the environment. "(k) CHANGES IN GUIDANCE DOCUMENT.—Any change made in the 'Guidance for Controlling Asbestos-Containing Material in Buildings' shall be made only by rule in accordance with section 553 of title 5, United States Code, unless a regulation described in this section dealing with the same subject matter is in effect. Any such change must protect human health and the environment.

Health and medical care.

Health and medical care.

"(1) TREATMENT OF DEPARTMENT OF DEFENSE SCHOOLS.— "(1) SECRETARY TO ACT IN LIEU OF GOVERNOR.—In the

administration of this title, any function, duty, or other responsibility imposed on a Governor of a State shall be carried out by the Secretary of Defense with respect to any school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). "(2) REGULATIONS.—The Secretary of Defense, in cooperation Defense and with the Administrator, shall, to the extent feasible and consist- national security. ent with the national security, take such action as may be YT?ts;a necessary to provide for the identification, inspection, and management (including abatement) of asbestos in any building used by the Department of Defense as an overseas school for dependents of members of the Armed Forces. Such identification, inspection, and management (including abatement) shall, subject to the preceding sentence, be carried out in a manner comparable to the manner in which a local educational agency is required to carry out such activities with respect to a school building under this title, "(m) WAIVER.—The Administrator, upon request by a Governor and after notice and comment and opportunity for a public hearing in the affected State, may waive some or all of the requirements of this section and section 204 with respect to such State if it has established and is implementing a program of asbestos inspection and management that contains requirements that are at least as stringent as the requirements of this section and section 204. "SEC. 204. REQUIREMENTS IF EPA FAILS TO PROMULGATE REGULATIONS. 15 USC 2644. "(a) IN GENERAL.— "(1) FAILURE TO PROMULGATE.—If

the Administrator fails to promulgate within the prescribed period— "(A) regulations described in section 2O30t)) (relating to i-B inspection); "(B) regulations described in section 203(c), (d), (e), (0, (g), ina* and (i) (relating to responding to asbestos); or "(C) regulations described in section 203(h) (relating to transportation and disposal); each local educational agency shall carry out the requirements described in this section in subsection (b); subsections (c), (d), and (e); or subsection (f); respectively, in accordance with the Environmental Protection Agency's most current guidance document.

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