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U.S. Code as of:
01/19/04
Section 2644. Requirements if EPA fails to promulgate regulations
(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).
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