### 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 day s after October 22, 1986, the Administrator shall promulgate regul ations 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 day s after October 22, 1986, and shall propose regulations within 180 day s after October 22, 1986. Any regulation promulgated under this section must protect human health and the environment. (b) Inspection The Administrator shall promulgate regulat ions 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 scho ol building under the authority of a local educational agency . The regulations shall provide for the exclusion of an y s chool building, or portion of a school building, if (1) an inspection of such school building (or portion) was completed before the effec tive 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 determine s that an inspection in accordance with the guidance document is inadequate). The regulations shall require inspection of an y s chool building (or portion of a school building) that is not excluded by the preceding sentence. (c) Circumstances requiring re sponse 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 cover ing is significantl y 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 asbe stos

- 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 d amaged, 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 acti ons 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 schoo l building under the authorit y 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, in cluding 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, met hods 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 significantl y 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) Re sponse 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 Cont rolling 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

- Conta ining Material in Buildings'', unless preventive measures will eliminate the reasonable likelihood that the asbestos

- containing material will become significantl y damaged, deteriorated, or delaminated. (6) ''Preventive measures'' defined For pu rposes 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 t he case may be) or which protect human health and the environment. (7) EPA information or advisoryThe Administrator shall, not later than 30 day s after November 28, 1990, publish and distribute

to all local education agencies and State Gover nors 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 p rotect 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 revis ed, 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 an y periodic reinspection of asbestos

- containing material and long

- term surveillance activity

. (f) Operations and maintena nce 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 asbes tos

- 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 employ ees, including schoo l service and maintenance personnel, about the location of and safet y procedures with respect to such friable and non

friable asbestos. (h) Transportation and disposal The Administrator shall promulgate regulations which prescribe standards for transpor tation 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 phy sical integrit y 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 b uildings under its authority , to begin implementation of such plan within 990 day s 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, whereve r 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 an y friable asbestos

- containing material pursuant to the regulations promulgated under subsections (c), (d), an d (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 an y asbes tos

- 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 accred itation 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 b y another State which has ado pted 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 anal yz ed an y bulk samples of asbestos

- containin g 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 ac credited under such plan. (ii) A statement that the contractor is accredited b y 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 b y contractorA 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 appli cable 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 imp lements (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 an y asbestos

- containing material with respect to a school building s hall attach a warning label to an y 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 b y a means other than removal,
an d (ii) asbestos

- containing material for which no response action was carried out. (B) The warning label shall read, in print which is readil y visible because of large size or bright color, as follows: ''CAUT ION: ASBESTOS. HAZARDOUS. DO NOT DI STURB WITHO UT 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 onl y a portion of the school buildings under the agency's aut horit y, if the agency determines that such action would expedite the identification and abatement of hazardous asbestos

- containing material in the school buildings under the authorit y of the agency. (5) Public availability A cop y of the managem ent 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

paren t, teacher, and emplo ye e 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 regu lations 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 onl y b y 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 m ust protect human health and the environment. (l) Treatment of Department of Defense schools (1) Secretary

to act in lieu of GovernorIn the administration of this subchapter, an y 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 sy stem provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). (2) Regulati ons The Secretary

of Defense, in cooperation with the Administrator, shall, to the extent feasible and consistent with the national securit y, take such action as may be necessary to provide for the identification, inspection, and management (including aba tement) 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 ca rried 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 b y a Governor and after notic e 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 in spection 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 b y a comma. [2] So in original. Probably sho uld not be capitalized.