§ 2644. — Requirements if EPA fails to promulgate 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: 15USC2644]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2644. Requirements if EPA fails to promulgate regulations
(a) In general
(1) Failure to promulgate
If the Administrator fails to promulgate within the prescribed
period--
(A) regulations described in section 2643(b) of this title
(relating to inspection);
(B) regulations described in section 2643(c), (d), (e), (f),
(g), and (i) of this title (relating to responding to asbestos);
or
(C) regulations described in section 2643(h) of this title
(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.
(2) Stay by court
If the Administrator has promulgated regulations described in
paragraph (1)(A), (B), or (C) within the prescribed period, but the
effective date of such regulations has been stayed by a court for a
period of more than 30 days, a local educational agency shall carry
out the pertinent requirements described in this subsection in
accordance with the Environmental Protection Agency's most current
guidance document.
(3) Effective period
The requirements of this section shall be in effect until such
time as the Administrator promulgates the pertinent regulations or
until the stay is lifted (as the case may be).
(b) Inspection
(1) Except as provided in paragraph (2), the local educational
agency, within 540 days after October 22, 1986, shall conduct an
inspection for asbestos-containing material, using personnel accredited
under section 2646(b) or (c) of this title and laboratories accredited
under section 2646(d) of this title, in each school building under its
authority.
(2) The local educational agency may exclude from the inspection
requirement in paragraph (1) any school building, or portion of a school
building, if (A) an inspection of such school building (or portion) was
completed before the date on which this section goes into effect, and
(B) the inspection meets the inspection requirements of this section.
(c) Operation and maintenance
The local educational agency shall, within 720 days after October
22, 1986, develop and begin implementation of an operation and
maintenance plan with respect to friable asbestos-containing material in
a school building under its authority. Such plan shall provide for the
education of school service and maintenance personnel about safety
procedures with respect to asbestos-containing material, including
friable asbestos-containing material.
(d) Management plan
(1) In general
The local educational agency shall--
(A) develop a management plan for responding to asbestos-
containing material in each school building under its authority
and submit such plan to the Governor under section 2645 of this
title within 810 days after October 22, 1986,
(B) begin implementation of such plan within 990 days after
October 22, 1986, and
(C) complete implementation of such plan in a timely
fashion.
(2) Plan requirements
The management plan shall--
(A) include the elements listed in section 2643(i)(1) of
this title, including an inspection statement as described in
paragraph (3) of this section,\1\
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\1\ So in original. Probably should be ``subsection,''.
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(B) provide for the attachment of warning labels as
described in section 2643(i)(3) of this title,
(C) be prepared in accordance with the most current guidance
document,
(D) meet the standard described in paragraph (4) for actions
described in that paragraph, and
(E) be submitted to the State Governor under section 2645 of
this title.
(3) Inspection statement
The local educational agency shall complete an inspection
statement, covering activities carried out before October 22, 1986,
which meets the following requirements:
(A) The statement shall include the following information:
(i) The dates of inspection.
(ii) The name, address, and qualifications of each
inspector.
(iii) A description of the specific areas inspected.
(iv) A list of the laboratories that analyzed any bulk
samples of asbestos-containing material or air samples of
asbestos found in any school building and a statement
describing the qualifications of each laboratory.
(v) The results of the inspection.
(B) The statement shall state whether any actions were taken
with respect to any asbestos-containing material found to be
present, including a specific reference to whether any actions
were taken in the boiler room of the building. If any such
action was taken, the following items of information shall be
included in the statement:
(i) The location or locations at which the action was
taken.
(ii) A description of the method of action.
(iii) The qualifications of the persons who conducted
the action.
(4) Standard
The ambient interior concentration of asbestos after the
completion of actions described in the most current guidance
document, other than the type of action described in sections
2643(f) of this title and subsection (c) of this section, shall not
exceed the ambient exterior concentration, discounting any
contribution from any local stationary source. Either a scanning
electron microscope or a transmission electron microscope shall be
used to determine the ambient interior concentration. In the absence
of reliable measurements, the ambient exterior concentration shall
be deemed to be--
(A) less than 0.003 fibers per cubic centimeter if a
scanning electron microscope is used, and
(B) less than 0.005 fibers per cubic centimeter if a
transmission electron microscope is used.
(5) Public availability
A copy of the management plan 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.
(e) Building occupant protection
The local educational agency shall provide for the protection of
building occupants during each phase of activity described in this
section.
(f) Transportation and disposal
The local educational agency shall provide for the transportation
and disposal of asbestos in accordance with the most recent version of
the Environmental Protection Agency's ``Asbestos Waste Management
Guidance'' (or any successor to such document).
(Pub. L. 94-469, title II, Sec. 204, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2977.)
Section Referred to in Other Sections
This section is referred to in sections 2643, 2645, 2646, 2647 of
this title.
