§ 2643. — EPA regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2643]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
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 decisionmaking 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.
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\1\ So in original. Probably should be followed by a comma.
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(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\
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\2\ So in original. Probably should not be capitalized.
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(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.
(Pub. L. 94-469, title II, Sec. 203, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2972; amended Pub. L. 101-637, Sec. 13, Nov.
28, 1990, 104 Stat. 4593.)
References in Text
The Defense Dependents' Education Act of 1978, referred to in
subsec. (l)(1), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat.
2365, as amended, which is classified principally to chapter 25A
(Sec. 921 et seq.) of Title 20, Education. For complete classification
of this Act to the Code, see Short Title note set out under section 921
of Title 20 and Tables.
Amendments
1990--Subsec. (d)(7). Pub. L. 101-637 added par. (7).
Section Referred to in Other Sections
This section is referred to in sections 2644, 2645, 2646, 2647,
2650, 2654, 2655 of this title.
