View all text of Subchapter II [§ 2641 - § 2656]
§ 2644. Requirements if EPA fails to promulgate regulations
(a) In general
(1) Failure to promulgateIf 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
(3) Effective period
(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
(d) Management plan
(1) In generalThe 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 requirementsThe 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
1 So in original. Probably should be “subsection,”.
(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 statementThe 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) StandardThe 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
(e) Building occupant protection
(f) Transportation and disposal
(Pub. L. 94–469, title II, § 204, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2977.)