Asbestos in the Toxic Substances Control Act Text

Guide to Asbestos in the Toxic Substances Control Act Text 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 decisionmaking 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 non-friable 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.