---
kind: "section"
citation: "15 U.S.C. § 2645"
title: "15"
title_heading: "Commerce and Trade"
number: "2645"
heading: "Submission to State Governor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2645"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter II — Asbestos Hazard Emergency Response"
---

# §2645. Submission to State Governor

- (a) **Submission—** Within 720 days after October 22, 1986 (or within 810 days if there are no regulations under [section 2643(i) of this title](/usc/15/2643.md?p=i)), a [local educational agency](/usc/15/2642.md?p=7) shall submit a management plan developed pursuant to regulations promulgated under [section 2643(i) of this title](/usc/15/2643.md?p=i) (or under [section 2644(d) of this title](/usc/15/2644.md?p=d) if there are no regulations) to the Governor of the [State](/usc/15/2642.md?p=14) in which the [local educational agency](/usc/15/2642.md?p=7) is located.
- (b) **Governor requirements—** Within 360 days after October 22, 1986, the Governor of each [State](/usc/15/2642.md?p=14)—
  - (1) shall notify [local educational agencies](/usc/15/2642.md?p=7) in the [State](/usc/15/2642.md?p=14) of where to submit their management plans under this section, and
  - (2) may establish administrative procedures for reviewing management plans submitted under this section.

  If the Governor establishes procedures under [paragraph (2)](#b-2), the Governor shall designate to carry out the reviews those [State](/usc/15/2642.md?p=14) officials who are responsible for implementing environmental protection or other public health programs, or with authority over [asbestos](/usc/15/2642.md?p=3) programs, in the [State](/usc/15/2642.md?p=14).

- (c) **Management plan review—**
  - (1) **Review of plan—** The Governor may disapprove a management plan within 90 days after the date of receipt of the plan if the plan—
    - (A) does not conform with the regulations under [section 2643(i) of this title](/usc/15/2643.md?p=i) (or with [section 2644(d) of this title](/usc/15/2644.md?p=d) if there are no regulations),
    - (B) does not assure that contractors who are accredited pursuant to this subchapter will be used to carry out the plan, or
    - (C) does not contain a [response action](/usc/15/2642.md?p=11) schedule which is reasonable and timely, taking into account circumstances relevant to the speed at which the [friable asbestos-containing material](/usc/15/2642.md?p=6) in the [school buildings](/usc/15/2642.md?p=13) under the [local educational agency](/usc/15/2642.md?p=7)’s authority should be responded to, including human exposure to the [asbestos](/usc/15/2642.md?p=3) while the [friable asbestos-containing material](/usc/15/2642.md?p=6) remains in the [school building](/usc/15/2642.md?p=13), and the ability of the [local educational agency](/usc/15/2642.md?p=7) to continue to provide educational services to the community.
  - (2) **Revision of plan—** If the [State](/usc/15/2642.md?p=14) Governor disapproves a plan, the [State](/usc/15/2642.md?p=14) Governor shall explain in writing to the [local educational agency](/usc/15/2642.md?p=7) the reasons why the plan was disapproved and the changes that need to be made in the plan. Within 30 days after the date on which notice is received of disapproval of its plan, the [local educational agency](/usc/15/2642.md?p=7) shall revise the plan to conform with the [State](/usc/15/2642.md?p=14) Governor’s suggested changes. The Governor may extend the 30-day period for not more than 90 days.
- (d) **Deferral of submission—**
  - (1) **Request for deferral—** A [local educational agency](/usc/15/2642.md?p=7) may request a deferral, to May 9, 1989, of the deadline under [subsection (a)](#a). Upon approval of such a request, the deadline under [subsection (a)](#a) is deferred until May 9, 1989, for the [local educational agency](/usc/15/2642.md?p=7) which submitted the request. Such a request may cover one or more [schools](/usc/15/2642.md?p=12) under the authority of the agency and shall include a list of all the [schools](/usc/15/2642.md?p=12) covered by the request. A [local educational agency](/usc/15/2642.md?p=7) shall file any such request with the [State](/usc/15/2642.md?p=14) Governor by October 12, 1988, and shall include with the request either of the following statements:
    - (A) A statement—
      - (i) that the [State](/usc/15/2642.md?p=14) in which the agency is located has requested from the [Administrator](/usc/15/2642.md?p=2), before June 1, 1988, a waiver under [section 2643(m) of this title](/usc/15/2643.md?p=m); and
      - (ii) that gives assurance that the [local educational agency](/usc/15/2642.md?p=7) has carried out the notification and, in the case of a public [school](/usc/15/2642.md?p=12), public meeting required by [paragraph (2)](#d-2).
    - (B) A statement, the accuracy of which is sworn to by a responsible official of the agency (by notarization or other means of certification), that includes the following with respect to each [school](/usc/15/2642.md?p=12) for which a deferral is sought in the request:
      - (i) A statement that, in spite of the fact that the [local educational agency](/usc/15/2642.md?p=7) has made a good faith effort to meet the deadline for submission of a management plan under [subsection (a)](#a), the agency will not be able to meet the deadline. The statement shall include a brief explanation of the reasons why the deadline cannot be met.
      - (ii) A statement giving assurance that the [local educational agency](/usc/15/2642.md?p=7) has made available for inspection by the public, at each [school](/usc/15/2642.md?p=12) for which a deferral is sought in the request, at least one of the following documents:
        - (I) A solicitation by the [local educational agency](/usc/15/2642.md?p=7) to contract with an [accredited asbestos contractor](/usc/15/2642.md?p=1) for inspection or management plan development.
        - (II) A letter attesting to the enrollment of [school](/usc/15/2642.md?p=12) district personnel in an Environmental Protection Agency-accredited training course for inspection and management plan development.
        - (III) Documentation showing that an analysis of suspected [asbestos-containing material](/usc/15/2642.md?p=4) from the [school](/usc/15/2642.md?p=12) is pending at an accredited laboratory.
        - (IV) Documentation showing that an inspection or management plan has been completed in at least one other [school](/usc/15/2642.md?p=12) under the [local educational agency](/usc/15/2642.md?p=7)’s authority.
      - (iii) A statement giving assurance that the [local educational agency](/usc/15/2642.md?p=7) has carried out the notification and, in the case of a public [school](/usc/15/2642.md?p=12), public meeting required by [paragraph (2)](#d-2).
      - (iv) A proposed schedule outlining all significant activities leading up to submission of a management plan by May 9, 1989, including inspection of the [school](/usc/15/2642.md?p=12) (if not completed at the time of the request) with a deadline of no later than December 22, 1988, for entering into a signed contract with an [accredited asbestos contractor](/usc/15/2642.md?p=1) for inspection (unless such inspections are to be performed by [school](/usc/15/2642.md?p=12) personnel), laboratory analysis of material from the [school](/usc/15/2642.md?p=12) suspected of containing [asbestos](/usc/15/2642.md?p=3), and development of the management plan.
  - (2) **Notification and public meeting—** Before filing a deferral request under [paragraph (1)](#d-1), a [local educational agency](/usc/15/2642.md?p=7) shall notify affected parent, teacher, and employee organizations of its intent to file such a request. In the case of a deferral request for a public [school](/usc/15/2642.md?p=12), the [local educational agency](/usc/15/2642.md?p=7) shall discuss the request at a public meeting of the [school](/usc/15/2642.md?p=12) board with jurisdiction over the [school](/usc/15/2642.md?p=12), and affected parent, teacher, and employee organizations shall be notified in advance of the time and place of such meeting.
  - (3) **Response by Governor—**
    - (A) Not later than 30 days after the date on which a Governor receives a deferral request under [paragraph (1)](#d-1) from a [local educational agency](/usc/15/2642.md?p=7), the Governor shall respond to the [local educational agency](/usc/15/2642.md?p=7) in writing by acknowledging whether the request is complete or incomplete. If the request is incomplete, the Governor shall identify in the response the items that are missing from the request.
    - (B) A [local educational agency](/usc/15/2642.md?p=7) may correct any deficiencies in an incomplete deferral request and refile the request with the Governor. In any case in which the [local educational agency](/usc/15/2642.md?p=7) decides to refile the request, the agency shall refile the request, and the Governor shall respond to such refiled request in the manner described in [subparagraph (A)](#d-3-A), no later than 15 days after the [local educational agency](/usc/15/2642.md?p=7) has received a response from the Governor under [subparagraph (A)](#d-3-A).
    - (C) Approval of a deferral request under this subsection occurs only upon the receipt by a [local educational agency](/usc/15/2642.md?p=7) of a written acknowledgment from the Governor that the agency’s deferral request is complete.
  - (4) **Submission and review of plan—** A [local educational agency](/usc/15/2642.md?p=7) whose deferral request is approved shall submit a management plan to the Governor not later than May 9, 1989. Such management plan shall include a copy of the deferral request and the statement accompanying such request. Such management plan shall be reviewed in accordance with [subsection (c)](#c), except that the Governor may extend the 30-day period for revision of the plan under [subsection (c)(2)](#c-2) for only an additional 30 days (for a total of 60 days).
  - (5) **Implementation of plan—** The approval of a deferral request from a [local educational agency](/usc/15/2642.md?p=7) shall not be considered to be a waiver or exemption from the requirement under [section 2643(i) of this title](/usc/15/2643.md?p=i) for the [local educational agency](/usc/15/2642.md?p=7) to begin implementation of its management plan by July 9, 1989.
  - (6) **EPA notice—**
    - (A) Not later than 15 days after July 18, 1988, the [Administrator](/usc/15/2642.md?p=2) shall publish in the Federal Register the following:
      - (i) A notice describing the opportunity to file a request for deferral under this subsection.
      - (ii) A list of the [State](/usc/15/2642.md?p=14) offices (including officials (if available) in each [State](/usc/15/2642.md?p=14) as designated under [subsection (b)](#b)) with which deferral requests should be filed.
    - (B) As soon as practicable, but in no event later than 30 days, after July 18, 1988, the [Administrator](/usc/15/2642.md?p=2) shall mail a notice describing the opportunity to file a request for deferral under this subsection to each [local educational agency](/usc/15/2642.md?p=7) and to each [State](/usc/15/2642.md?p=14) office in the list published under [subparagraph (A)](#d-6-A).
- (e) **Status reports—**
  - (1) Not later than December 31, 1988, the Governor of each [State](/usc/15/2642.md?p=14) shall submit to the [Administrator](/usc/15/2642.md?p=2) a written statement on the status of management plan submissions and deferral requests by [local educational agencies](/usc/15/2642.md?p=7) in the [State](/usc/15/2642.md?p=14). The statement shall be made available to [local educational agencies](/usc/15/2642.md?p=7) in the [State](/usc/15/2642.md?p=14) and shall contain the following:
    - (A) A list containing each [local educational agency](/usc/15/2642.md?p=7) that submitted a management plan by October 12, 1988.
    - (B) A list containing each [local educational agency](/usc/15/2642.md?p=7) whose deferral request was approved.
    - (C) A list containing each [local educational agency](/usc/15/2642.md?p=7) that failed to submit a management plan by October 12, 1988, and whose deferral request was disapproved.
    - (D) A list containing each [local educational agency](/usc/15/2642.md?p=7) that failed to submit a management plan by October 12, 1988, and did not submit a deferral request.
  - (2) Not later than December 31, 1989, the Governor of each [State](/usc/15/2642.md?p=14) shall submit to the [Administrator](/usc/15/2642.md?p=2) an updated version of the written statement submitted under [paragraph (1)](#e-1). The statement shall be made available to [local educational agencies](/usc/15/2642.md?p=7) in the [State](/usc/15/2642.md?p=14) and shall contain the following:
    - (A) A list containing each [local educational agency](/usc/15/2642.md?p=7) whose management plan was submitted and not disapproved as of October 9, 1989.
    - (B) A list containing each [local educational agency](/usc/15/2642.md?p=7) whose management plan was submitted and disapproved, and which remains disapproved, as of October 9, 1989.
    - (C) A list containing each [local educational agency](/usc/15/2642.md?p=7) that submitted a management plan after May 9, 1989, and before October 10, 1989.
    - (D) A list containing each [local educational agency](/usc/15/2642.md?p=7) that failed to submit a management plan as of October 9, 1989.

## Source credit

(Pub. L. 94–469, title II, § 205, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2979; amended Pub. L. 100–368, §§ 1(a), 2, July 18, 1988, 102 Stat. 829, 831.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (d). Pub. L. 100–368, § 1(a), added subsec. (d).

Subsec. (e). Pub. L. 100–368, § 2, added subsec. (e).