A bill to amend the provisions of the Toxic Substances Control Act relating to asbestos in the Nation's schools by providing adequate time for local educational agencies to submit asbestos management plans to State Governors and to begin implementation of those plans.
PL 100-368 (H.R.3893), enacted 07/18/1988

PUBLIC LAW 100-368—JULY 18, 1988 
102 STAT. 829 
Public Law 100-368 
' 
100th Congress 
An Act 
To amend the provisions of the Toxic Substances Control Act relating to asbestos in 
the Nation's schools by providing adequate time for local educational agencies to 
July 18, 1988 
submit asbestos management plans to State Governors and to b ^ ^ implementa- 
[H.R. 8893] 
tion of those plans. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DEFERRAL OF DEADLINE FOR SUBMISSION OF ASBESTOS 
MANAGEMENT PLANS. 
(a) 
REQUEST FOR DEFERRAL OF SUBBHSSION OF MANAGEMENT 
PLAN.—Section 205 of the Toxic Substances Control Act (15 U.S.C. 
2645) is amended by adding at the end the following new subsection: 
"(d) DEFERRAL OF SUBMISSION.— 
"(1) REQUEST FOR DEFERRAL.—^A local educational agency may 
request a deferral, to May 9,1989, of the deadline under subsec-
tion (a). Upon approval of such a request, the deadline under 
subsection (a) is deferred until May 9, 1989, for the local edu-
cational agency which submitted the request. Such a request 
may cover one or more schools under the authority of the 
s^ency 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 203(m); 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 para-
graph (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), 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 Public 
educational agency has made available for inspection 
information. 
by the public, at each school for which a deferral is 
sought in the request, at least one of the following 
documents: 
102 STAT. 830 
PUBLIC LAW 100-368—JULY 18, 1988 
Contracts. 
Contracts. 
"(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. 
"(Ill) 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 enter-
ing 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 PUBUC MEETING.—Before filing a defer-
ral request under paragraph (1), a local educational agency 
shall notify affected parent, teacher, and employee organiza-
tions 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 Grovernor 
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 (jovemor. In any case in which the local educational £igency 
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. 
PUBLIC LAW 100-368—JULY 18, 1988 
102 STAT. 831 
"(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 subsec-
tion (c), except that the Governor may extend the 30-day period 
for revision of the plan under sul»ection (cX2) 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 
203(i) for the local educational agency to b^in implementation 
of its management plan by July 9,1989. 
"(6) EPA NOTICE.—(A) Not later than 15 days after the date of Federal 
the enactment of this subsection, the Administrator shall pub- ^^sister, 
lish in the Federal Register the following: 
publication. 
"(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 imder subsection (b)) 
with which deferral requests should be filed. 
"(B) As soon as practicable, but in no event later than 30 days, 
after the date of the enactment of this subsection, the Adminis-
trator shall mail a notice describing the opportimity to file a 
request for deferral under this subsection to each local edu-
cational agency and to each State office in the list published 
under subparagraph (A).". 
SEC. 2. NOTIFICATION TO EPA OF STATUS OF STATE MANAGEMENT PLAN 
SUBMISSIONS. 
Section 205 of the Toxic Substances Control Act (15 U.S.C. 2645), 
as amended by section (1), is further amended by adding at the end 
the following new subsection: 
"(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 defer-
ral requests by local education^ agencies in the State. The state-
ment 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: 
102 STAT. 832 
PUBLIC LAW 100-368—JULY 18, 1988 
Federal 
Register, 
publication. 
15 use 2655. 
Waste disposal. 
"(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.". 
SEC. 3. PUBLICATION OF EPA-APPROVED ACCREDITATION COURSES. 
Section 206 of the Toxic Substances Control Act (15 U.S.C. 2646) is 
amended by adding at the end the following new subsection: 
"(f) LIST OF EPA-APPROVED COURSES.—Not later than August 31, 
1988, and every three months thereafter until August 31, 1991, the 
Adndnistrator shall publish in the Federal Roister a list of all 
Environmental 
Protection 
Agency-approved 
asbestos 
training 
courses for persons to achieve accreditation in each cat^ory de-
scribed in subsection (bXlXA) and for laboratories to achieve accredi-
tation. The Administrator may continue publishing such a list after 
August 31, 1991, at such times as the Administrator considers it 
useful. The list shall include the name and address of each approved 
trainer and, to the extent available, a list of all the geographic sites 
where training courses will take place. The Administrator shall 
provide a copy of the list to each State official on the list published 
by the Administrator under section 205(dX6) and to each regional 
office of the Environmental Protection Agency.". 
SEC. 4. W
O
R
K
E
R PROTECTION. 
(a) WORKER PROTECTION REQUIRED.—The Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.) is further amended by adding at the end 
the following new section: 
"SEC. 215. W
O
R
K
E
R PROTECTION. 
"(a) PROHiBrnoN ON (DERTAIN AcnvmES.—Until the local edu-
cational agency with authority over a school has submitted a 
management plan (for the school) which the State Governor has not 
disapproved as of the end of the period for review and revision of the 
plan under section 205, the local educational agency may not do 
either of the following in the school: 
"(1) Perform, or direct an employee to perform, renovations or 
removal of building materials, except emergency repairs, in the 
school, unless— 
"(A) the school is carrying out work under a grant 
awarded under section 505 of the Asbestos School Hazard 
Abatement Act of 1984; or 
"(B) an inspection that complies with the requirements of 
r^ulations promulgated under section 203 has been carried 
out in the school and the agency complies with the follow-
ing sections of title 40 of the Code of Federal Regulations: 
"(i) Paragraphs (g), (h), and (i) of section 763.90 (re-
sponse actions). 
"(ii) Appendix D to subpart E of part 763 (transport 
and disposal of asbestos waste). 
PUBLIC LAW 100-368—JULY 18, 1988 
102 STAT. 833 
"(2) Perform, or direct an employee to perform, operations 
and maintenance activities in the school, unless the agency 
complies with the following sections of title 40 of the Code of 
Federal R^ulations: 
"(A) Section 763.91 (operations and maintenance), includ-
ing appendix B to subpart E of part 763. 
"(B) Paragraph (aX2) of section 763.92 (training and peri-
odic surveillance). 
"(b) EMPLOYEE TRAINING AND EQUIPMENT.—Any school employee 
who is directed to conduct emergency repairs involving any building 
material containing asbestos or suspected of containing asbestos, or 
to conduct operations and maintenance activities, in a school— 
"(1) shall be provided the proper training to safely conduct 
such work in order to prevent potential exposure to asbestos; 
and 
"(2) shall be provided the proper equipment and allowed to 
foUow work practices that are necessary to safely conduct such 
work in order to prevent potential exposure to asbestos. 
"(c) DEFINITION OP EMERGENCY REPAIR.—For purposes of this 
section, the term 'emergency repair' means a repair in a school 
building that was not planned and was in response to a sudden, 
unexpected event that threatens either— 
"(1) the health or safety of building occupants; or 
"(2) the structural int^rity of the building.". 
(b) CLERICAL AMENDMENT.—^The table of contents in section 1 of 
such Act is amended by adding after the item relating to section 214 
the following new item: 
"Sec. 215. Worker protection.". 
(c) EFFBCTIVE DATE.—Section 215 of the Toxic Substances Control 
15 USC 2655 
Act, as added by subsection (a), shall take effect on October 12,1988. ^o^-
SEC 5. ENFORCEMENT. 
Section 207(a) of the Toxic Substances Control Act is amended— 
15 use 2647. 
(1) by striking out "or" at the end of paragraph (2); and 
(2) by addii^ after paragraph (3) the following new 
paragraphs: 
"(4) which carries out any activity prohibited by section 215, 
or 
"(5) which knowingly submits false information to the Gov-
ernor r^arding a deferral request under section 205(d).". 
SEC 6. TECHNICAL CORRECTIONS TO AHERA. 
(a) PLACEMENT OF SENTENCE.—Section 512 of the Asbestos School 
Hazard Abatement Act of 1984 (20 U.S.C. 4021) is amended by 
moving the last sentence of such section (as added by section 4(a) of 
the Asbestos Hazard Emergency Response Act of 1986) to the end of 
paragraph (1) of subsection (a). 
(b) CROSS REFERENCES.—Paragraph (4) of section 505(g) of such Act 
(20 U.S.C. 4014) (as added by section 3(a) of the Asbestos Hazard 
Ehnergency Response Act of 1986) is amended— 
102 STAT. 834 
PUBLIC LAW 100-368—JULY 18, 1988 
(1) in subparagraph (BXi), by striking out "this title" and 
inserting in lieu thereof "such Act"; and 
(2) in subparagraph (BXii), by striking out "subsection (d)" and 
inserting in lieu thereof "section 206(d) of the Toxic Substances 
Control Act". 
Approved July 18, 1988. 
LEGISLATIVE HISTORY—H.R. 3893 (S. 2024): 
HOUSE REPORTS: No. 100-734 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 100-405 accompanying 8. 2024 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 27, considered and passed House. 
June 29, considered and passed Senate.