ICR No. 1365.09; OMB Control No. 2070-0091

Attachment A

Asbestos Hazard Emergency Response Act, Section 203

(15 U.S.C. §2643)

 

Sec. 2643. EPA regulations

(a) In general 

Within 360 days after October 22, 1986, the Administrator shall
promulgate regulations as 

described in subsections (b) through (i) of this section. With respect
to regulations described in

subsections (b), (c), (d), (e), (f), (g), and (i) of this section, the
Administrator shall issue an 

advanced notice of proposed rulemaking within 60 days after October 22,
1986, and shall propose regulations within 180 days after October 22,
1986. Any regulation promulgated under this section must protect human
health and the environment. 

(b) Inspection 

The Administrator shall promulgate regulations which prescribe
procedures, including the use of

personnel accredited under section 2646(b) or (c) of this title and
laboratories accredited under section 2646(d) of this title, for
determining whether asbestos-containing material is present in a school
building under the authority of a local educational agency. The
regulations shall provide for the exclusion of any school building, or
portion of a school building, if (1) an inspection of such school
building (or portion) was completed before the effective date of the
regulations, and (2) the  inspection meets the procedures and other
requirements of the regulations under this subchapter or of the
''Guidance for Controlling Asbestos-Containing Materials in Buildings''
(unless the Administrator determines that an inspection in accordance
with the guidance document is inadequate). The regulations shall require
inspection of any school building (or portion of a school building) that
is not excluded by the preceding sentence. 

(c) Circumstances requiring response actions 

          (1) The Administrator shall promulgate regulations which
define the appropriate response

          action in a school building under the authority of a local
educational agency in at least the

          following circumstances: 

               (A) Damage 

Circumstances in which friable asbestos-containing material or its
covering is damaged, deteriorated, or delaminated. 

               (B) Significant damage 

Circumstances in which friable asbestos-containing material or its
covering is significantly damaged, deteriorated, or delaminated. 

               (C) Potential damage 

Circumstances in which - 

(i) friable asbestos-containing material is in an area regularly used by
building occupants, including maintenance personnel, in the course of
their normal activities, and 

(ii) there is a reasonable likelihood that the material or its covering
will become damaged, deteriorated, or delaminated. 

               (D) Potential significant damage 

Circumstances in which - 

(i) friable asbestos-containing material is in an area regularly used by
building occupants, including maintenance personnel, in the course of
their normal activities, and 

(ii) there is a reasonable likelihood that the material or its covering
will become significantly damaged, deteriorated, or delaminated. 

          (2) In promulgating such regulations, the Administrator shall
consider and assess the value

          of various technologies intended to improve the decision
making process regarding

          response actions and the quality of any work that is deemed
necessary, including air

          monitoring and chemical encapsulants. 

(d) Response actions 

          (1) In general 

The Administrator shall promulgate regulations describing a response
action in a school building under the authority of a local educational
agency, using the least burdensome methods which protect human health
and the environment.  In determining the least burdensome methods, the
Administrator shall take into account local circumstances, including
occupancy and use patterns within the school building and short- and
long-term costs. 

          (2) Response action for damaged asbestos 

In the case of a response action for the circumstances described in
subsection (c)(1)(A) of this section, methods for responding shall
include methods identified in chapters 3 and 5 

          of the ''Guidance for Controlling Asbestos-Containing Material
in Buildings''. 

          (3) Response action for significantly damaged asbestos 

In the case of a response action for the circumstances described in
subsection (c)(1)(B) of this section, methods for responding shall
include methods identified in chapter 5 of the 

          ''Guidance for Controlling Asbestos-Containing Material in
Buildings''. 

          (4) Response action for potentially damaged asbestos 

In the case of a response action for the circumstances described in
subsection (c)(1)(C) of this section, methods for responding shall
include methods identified in chapters 3 and 5 of the ''Guidance for
Controlling Asbestos-Containing Material in Buildings'', unless
preventive measures will eliminate the reasonable likelihood that the
asbestos-containing material will become damaged, deteriorated, or
delaminated. 

          (5) Response action for potentially significantly damaged
asbestos 

In the case of a response action for the circumstances described in
subsection (c)(1)(D) of this section, methods for responding shall
include methods identified in chapter 5 of the ''Guidance for
Controlling Asbestos-Containing Material in Buildings'', unless
preventive measures will eliminate the reasonable likelihood that the
asbestos-containing material will become significantly damaged,
deteriorated, or delaminated. 

          (6) ''Preventive measures'' defined 

For purposes of this section, the term ''preventive measures'' means
actions which eliminate the reasonable likelihood of asbestos-containing
material becoming damaged, deteriorated, or delaminated, or
significantly damaged [1] deteriorated, or delaminated (as the case may
be) or which protect human health and the environment. 

          (7) EPA information or advisory 

 

The Administrator shall, not later than 30 days after November 28, 1990,
publish and distribute to all local education agencies and State
Governors information or an advisory to - 

(A) facilitate public understanding of the comparative risks associated
with in-place management of asbestos-containing building materials and
removals; 

(B) promote the least burdensome response actions necessary to protect
human health, safety, and the environment; and 

(C) describe the circumstances in which asbestos removal is necessary to
protect human health. 

 Such information or advisory shall be based on the best available
scientific evidence and shall be revised, republished, and redistributed
as appropriate, to reflect new scientific findings. 

(e) Implementation 

The Administrator shall promulgate regulations requiring the
implementation of response actions

in school buildings under the authority of a local educational agency
and, where appropriate, for

the determination of when a response action is completed. Such
regulations shall include

standards for the education and protection of both workers and building
occupants for the

following phases of activity: 

          (1) Inspection. 

          (2) Response Action. [2] 

          (3) Post-response action, including any periodic reinspection 

          of asbestos-containing material and long-term surveillance 

          activity. 

(f) Operations and maintenance 

The Administrator shall promulgate regulations to require implementation
of an operations and

maintenance and repair program as described in chapter 3 of the
''Guidance for Controlling

Asbestos-Containing Materials in Buildings'' for all friable
asbestos-containing material in a

school building under the authority of a local educational agency. 

(g) Periodic surveillance 

The Administrator shall promulgate regulations to require the following:


(1) An identification of the location of friable and non-friable
asbestos in a school building under the authority of a local educational
agency. 

(2) Provisions for surveillance and periodic reinspection of such
friable and non-friable asbestos. 

(3) Provisions for education of school employees, including school
service and maintenance personnel, about the location of and safety
procedures with respect to such friable and non-friable asbestos. 

(h) Transportation and disposal 

The Administrator shall promulgate regulations which prescribe standards
for transportation and

disposal of asbestos-containing waste material to protect human health
and the environment.

Such regulations shall include such provisions related to the manner in
which transportation

vehicles are loaded and unloaded as will assure the physical integrity
of containers of

asbestos-containing waste material. 

(i) Management plans 

          (1) In general 

The Administrator shall promulgate regulations which require each local
educational agency to develop an asbestos management plan for school
buildings under its authority, to begin implementation of such plan
within 990 days after October 22, 1986, and to complete implementation
of such plan in a timely fashion. The regulations shall require that
each plan include the following elements, wherever relevant to the
school building: 

(A) An inspection statement describing inspection and response action
activities carried out before October 22, 1986. 

(B) A description of the results of the inspection conducted pursuant to
regulations under subsection (b) of this section, including a
description of the specific areas inspected. 

(C) A detailed description of measures to be taken to respond to any
friable asbestos-containing material pursuant to the regulations
promulgated under subsections (c), (d), and (e) of this section,
including the location or locations at which a response action will be
taken, the method or methods of response action to be used, and a
schedule for beginning and completing response actions. 

(D) A detailed description of any asbestos-containing material which
remains in the school building once response actions are undertaken
pursuant to the regulations promulgated under subsections (c), (d), and
(e) of this section. 

(E) A plan for periodic reinspection and long-term surveillance
activities developed pursuant to regulations promulgated under
subsection (g) of this section, and a plan for operations and
maintenance activities developed pursuant to regulations promulgated
under subsection (f) of this section. 

(F) With respect to the person or persons who inspected for
asbestos-containing material and who will design or carry out response
actions with respect to the friable asbestos-containing material, one of
the following statements: 

(i) If the State has adopted a contractor accreditation plan under
section 2646(b) of this title, a statement that the person (or persons)
is accredited under such plan. 

(ii) A statement that the local educational agency used (or will use)
persons who have been accredited by another State which has adopted a
contractor accreditation plan under section 2646(b) of this title or is
accredited pursuant to an Administrator-approved course under section
2646(c) of this title. 

(G) A list of the laboratories that analyzed any bulk samples of
asbestos-containing material found in the school building or air samples
taken to detect asbestos in the school building and a statement that
each laboratory has been accredited pursuant to the accreditation
program under section 2646(d) of this title. 

(H) With respect to each consultant who contributed to the management
plan, the name of the consultant and one of the following statements: 

(i) If the State has adopted a contractor accreditation plan under
section 2646(b) of this title, a statement that the consultant is
accredited under such plan. 

(ii) A statement that the contractor is accredited by another State
which has adopted a contractor accreditation plan under section 2646(b)
of this title or is accredited pursuant to an Administrator-approved
course under section 2646(c) of this title. 

(I) An evaluation of resources needed to successfully complete response
actions and carry out reinspection, surveillance, and operation and
maintenance activities. 

          (2) Statement by contractor 

A local educational agency may require each management plan to contain a
statement signed by an accredited asbestos contractor that such
contractor has prepared or assisted in the preparation of such plan, or
has reviewed such plan, and that such plan is in compliance with the
applicable regulations and standards promulgated or adopted pursuant to
this section and other applicable provisions of law. Such a statement
may not be signed by a contractor who, in addition to preparing or
assisting in preparing the management plan, also implements (or will
implement) the management plan. 

          (3) Warning labels 

(A) The regulations shall require that each local educational agency
which has inspected for and discovered any asbestos-containing material
with respect to a school building shall attach a warning label to any
asbestos-containing material still in routine maintenance areas (such as
boiler rooms) of the school building, including - 

(i) friable asbestos-containing material which was responded to by a
means other than removal, and 

(ii) asbestos-containing material for which no response action was
carried out. 

(B) The warning label shall read, in print which is readily visible
because of large size or bright color, as follows: 

''CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING
AND EQUIPMENT.'' 

          (4) Plan may be submitted in stages 

A local educational agency may submit a management plan in stages, with
each submission of the agency covering only a portion of the school
buildings under the agency's authority, if the agency determines that
such action would expedite the identification and abatement of hazardous
asbestos-containing material in the school buildings under the authority
of the agency. 

          (5) Public availability 

A copy of the management plan developed under the regulations shall be
available in the administrative offices of the local educational agency
for inspection by the public, including teachers, other school
personnel, and parents. The local educational agency shall notify
parent, teacher, and employee organizations of the availability of such
plan. 

          (6) Submission to State Governor 

Each plan developed under this subsection shall be submitted to the
State Governor under section 2645 of this title. 

(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. 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,
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. 

(l) Treatment of Department of Defense schools 

          (1) Secretary to act in lieu of Governor 

In the administration of this subchapter, 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 with the Administrator, shall,
to the extent feasible and consistent with the national security, take
such action as may be 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 subchapter. 

(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 2644 of this title 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 2644 of this title.

Footnotes

[1] So in original. Probably should be followed by a comma. 

[2] So in original. Probably should not be capitalized. 

