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(continued)
2, Oct. 22, 1986, 100 Stat. 2971; amended Pub. L. 103-382, title
III, Sec. 391(c)(1)-(3), Oct. 20, 1994, 108 Stat. 4022; Pub. L.
107-110, title X, Sec. 1076(f)(1), Jan. 8, 2002, 115 Stat. 2091.)
-REFTEXT-
REFERENCES IN TEXT
The Defense Dependents' Education Act of 1978, referred to in
par. (7)(C), 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.
-MISC1-
AMENDMENTS
2002 - Pars. (7)(A), (9), (12). Pub. L. 107-110 substituted
"7801" for "8801".
1994 - Pars. (7)(A), (9), (12). Pub. L. 103-382 made technical
amendment to reference to section 8801 of title 20 to reflect
change in reference to corresponding section of original act.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of Title 20, Education.
-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2662 of this title; title
20 section 4020.
-End-
-CITE-
15 USC Sec. 2643 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2643. EPA regulations
-STATUTE-
(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.
(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.
-SOURCE-
(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.)
-REFTEXT-
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.
-MISC1-
AMENDMENTS
1990 - Subsec. (d)(7). Pub. L. 101-637 added par. (7).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2644, 2645, 2646, 2647,
2650, 2654, 2655 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Probably should not be capitalized.
-End-
-CITE-
15 USC Sec. 2644 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2644. Requirements if EPA fails to promulgate regulations
-STATUTE-
(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)
(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).
-SOURCE-
(Pub. L. 94-469, title II, Sec. 204, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2977.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2643, 2645, 2646, 2647 of
this title.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection,".
-End-
-CITE-
15 USC Sec. 2645 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2645. Submission to State Governor
-STATUTE-
(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), a
local educational agency shall submit a management plan developed
pursuant to regulations promulgated under section 2643(i) of this
title (or under section 2644(d) of this title if there are no
regulations) to the Governor of the State in which the local
educational agency is located.
(b) Governor requirements
Within 360 days after October 22, 1986, the Governor of each
State -
(1) shall notify local educational agencies in the State 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), the
Governor shall designate to carry out the reviews those State
officials who are responsible for implementing environmental
protection or other public health programs, or with authority over
asbestos programs, in the State.
(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 (or with section 2644(d) of this title 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 schedule which is
reasonable and timely, taking into account circumstances
relevant to the speed at which the friable asbestos-containing
material in the school buildings under the local educational
agency's authority should be responded to, including human
exposure to the asbestos while the friable asbestos-containing
material remains in the school building, and the ability of the
local educational agency to continue to provide educational
services to the community.
(2) Revision of plan
If the State Governor disapproves a plan, the State Governor
shall explain in writing to the local educational agency 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 shall revise the plan to conform with the
State 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 may request a deferral, to May 9,
1989, of the deadline under subsection (a) of this section. Upon
approval of such a request, the deadline under subsection (a) of
this section is deferred until May 9, 1989, for the local
educational agency which submitted the request. Such a request
may cover one or more schools under the authority of the agency
and shall include a list of all the schools covered by the
request. A local educational agency shall file any such request
with the State Governor by October 12, 1988, and shall include
with the request either of the following statements:
(A) A statement -
(i) that the State in which the agency is located has
requested from the Administrator, before June 1, 1988, a
waiver under section 2643(m) of this title; and
(ii) that gives assurance that the local educational agency
has carried out the notification and, in the case of a public
school, public meeting required by paragraph (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 for which a deferral is sought in the
request:
(i) A statement that, in spite of the fact that the local
educational agency has made a good faith effort to meet the
deadline for submission of a management plan under subsection
(a) of this section, 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 has made available for inspection by the
public, at each school for which a deferral is sought in the
request, at least one of the following documents:
(I) A solicitation by the local educational agency to
contract with an accredited asbestos contractor for
inspection or management plan development.
(II) A letter attesting to the enrollment of school
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 from the school is pending at
an accredited laboratory.
(IV) Documentation showing that an inspection or
management plan has been completed in at least one other
school under the local educational agency's authority.
(iii) A statement giving assurance that the local
educational agency has carried out the notification and, in
the case of a public school, public meeting required by
paragraph (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 (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 for
inspection (unless such inspections are to be performed by
school personnel), laboratory analysis of material from the
school suspected of containing asbestos, and development of
the management plan.
(2) Notification and public meeting
Before filing a deferral request under paragraph (1), a local
educational agency 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, the local
educational agency shall discuss the request at a public meeting
of the school board with jurisdiction over the school, 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) from a local
educational agency, the Governor shall respond to the local
educational agency 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 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
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), no later than 15
days after the local educational agency has received a response
from the Governor under subparagraph (A).
(C) Approval of a deferral request under this subsection occurs
only upon the receipt by a local educational agency 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 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) of this section, except that the Governor may
extend the 30-day period for revision of the plan under
subsection (c)(2) of this section 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 shall not be considered to be a waiver or exemption from
the requirement under section 2643(i) of this title for the local
educational agency 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 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 offices (including officials (if
available) in each State as designated under subsection (b) of
this section) 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 shall mail a notice
describing the opportunity to file a request for deferral under
this subsection to each local educational agency and to each
State office in the list published under subparagraph (A).
(e) Status reports
(1) Not later than December 31, 1988, the Governor of each State
shall submit to the Administrator a written statement on the status
of management plan submissions and deferral requests by local
educational agencies in the State. The statement shall be made
available to local educational agencies in the State and shall
contain the following:
(A) A list containing each local educational agency that
submitted a management plan by October 12, 1988.
(B) A list containing each local educational agency whose
deferral request was approved.
(C) A list containing each local educational agency 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 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
shall submit to the Administrator an updated version of the written
statement submitted under paragraph (1). The statement shall be
made available to local educational agencies in the State and shall
contain the following:
(A) A list containing each local educational agency whose
management plan was submitted and not disapproved as of October
9, 1989.
(B) A list containing each local educational agency whose
management plan was submitted and disapproved, and which remains
disapproved, as of October 9, 1989.
(C) A list containing each local educational agency that
submitted a management plan after May 9, 1989, and before October
10, 1989.
(D) A list containing each local educational agency that failed
to submit a management plan as of October 9, 1989.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 205, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2979; amended Pub. L. 100-368, Secs.
1(a), 2, July 18, 1988, 102 Stat. 829, 831.)
-MISC1-
AMENDMENTS
1988 - Subsec. (d). Pub. L. 100-368, Sec. 1(a), added subsec.
(d).
Subsec. (e). Pub. L. 100-368, Sec. 2, added subsec. (e).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2643, 2644, 2646, 2647,
2655 of this title.
-End-
-CITE-
15 USC Sec. 2646 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2646. Contractor and laboratory accreditation
-STATUTE-
(a) Contractor accreditation
A person may not -
(1) inspect for asbestos-containing material in a school
building under the authority of a local educational agency or in
a public or commercial building,
(2) prepare a management plan for such a school, or
(3) design or conduct response actions, other than the type of
action described in sections 2643(f) and 2644(c) of this title,
with respect to friable asbestos-containing material in such a
school or in a public or commercial building,
unless such person is accredited by a State under subsection (b) of
this section or is accredited pursuant to an Administrator-approved
course under subsection (c) of this section.
(b) Accreditation by State
(1) Model plan
(A) Persons to be accredited
Within 180 days after October 22, 1986, the Administrator, in
consultation with affected organizations, shall develop a model
contractor accreditation plan for States to give accreditation
to persons in the following categories:
(i) Persons who inspect for asbestos-containing material in
school buildings under the authority of a local educational
agency or in public or commercial buildings.
(ii) Persons who prepare management plans for such schools.
(iii) Persons who design or carry out response actions,
other than the type of action described in sections 2643(f)
and 2644(c) of this title, with respect to friable
asbestos-containing material in such schools or in public or
commercial buildings.
(B) Plan requirements
The plan shall include a requirement that any person in a
category listed in paragraph (1) achieve a passing grade on an
examination and participate in continuing education to stay
informed about current asbestos inspection and response action
technology. The examination shall demonstrate the knowledge of
the person in areas that the Administrator prescribes as
necessary and appropriate in each of the categories. Such
examinations may include requirements for knowledge in the
following areas:
(i) Recognition of asbestos-containing material and its
physical characteristics.
(ii) Health hazards of asbestos and the relationship
between asbestos exposure and disease.
(iii) Assessing the risk of asbestos exposure through a
knowledge of percentage weight of asbestos-containing
material, friability, age, deterioration, location and
accessibility of materials, and advantages and disadvantages
of dry and wet response action methods.
(iv) Respirators and their use, care, selection, degree of
protection afforded, fitting, testing, and maintenance and
cleaning procedures.
(v) Appropriate work practices and control methods,
including the use of high efficiency particle absolute
vacuums, the use of amended water, and principles of negative
air pressure equipment use and procedures.
(vi) Preparing a work area for response action work,
including isolating work areas to prevent bystander or public
exposure to asbestos, decontamination procedures, and
procedures for dismantling work areas after completion of
work.
(vii) Establishing emergency procedures to respond to
sudden releases.
(viii) Air monitoring requirements and procedures.
(ix) Medical surveillance program requirements.
(x) Proper asbestos waste transportation and disposal
procedures.
(xi) Housekeeping and personal hygiene practices, including
the necessity of showers, and procedures to prevent asbestos
exposure to an employee's family.
(2) State adoption of plan
Each State shall adopt a contractor accreditation plan at least
as stringent as the model plan developed by the Administrator
under paragraph (1), within 180 days after the commencement of
the first regular session of the legislature of such State which
is convened following the date on which the Administrator
completes development of the model plan. In the case of a 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.), the Secretary of Defense shall adopt a
contractor accreditation plan at least as stringent as that
model.
(c) Accreditation by Administrator-approved course
(1) Course approval
Within 180 days after October 22, 1986, the Administrator shall
ensure that any Environmental Protection Agency-approved asbestos
training course is consistent with the model plan (including
testing requirements) developed under subsection (b) of this
section. A contractor may be accredited by taking and passing
such a course.
(2) Treatment of persons with previous EPA asbestos training
A person who -
(A) completed an Environmental Protection Agency-approved
asbestos training course before October 22, 1986, and
(B) passed (or passes) an asbestos test either before or
after October 22, 1986,
may be accredited under paragraph (1) if the Administrator
determines that the course and test are equivalent to the
requirements of the model plan developed under subsection (b) of
this section. If the Administrator so determines, the person
shall be considered accredited for the purposes of this
subchapter until a date that is one year after the date on which
the State in which such person is employed establishes an
accreditation program pursuant to subsection (b) of this section.
(3) Lists of courses
The Administrator, in consultation with affected organizations,
shall publish (and revise as necessary) -
(A) a list of asbestos courses and tests in effect before
October 22, 1986, which qualify for equivalency treatment under
paragraph (2), and
(B) a list of asbestos courses and tests which the
Administrator determines under paragraph (1) are consistent
with the model plan and which will qualify a contractor for
accreditation under such paragraph.
(d) Laboratory accreditation
(1) The Administrator shall provide for the development of an
accreditation program for laboratories by the National Institute of
Standards and Technology in accordance with paragraph (2). The
Administrator shall transfer such funds as are necessary to the
National Institute of Standards and Technology to carry out such
program.
(2) The National Institute of Standards and Technology, upon
request by the Administrator, shall, in consultation with affected
organizations -
(A) within 360 days after October 22, 1986, develop an
accreditation program for laboratories which conduct qualitative
and semi-quantitative analyses of bulk samples of
asbestos-containing material, and
(B) within 720 days after October 22, 1986, develop an
accreditation program for laboratories which conduct analyses of (continued)