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 nonfriable 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.