§2643 Epa Regulations

Summary

The EPA Administrator must write rules for handling asbestos in schools and must do so within 360 days after October 22, 1986. For many of those rules, the EPA had to give advance notice within 60 days after October 22, 1986, and propose the rules within 180 days after October 22, 1986. All rules must protect human health and the environment. The rules must require trained, accredited people and labs to inspect school buildings. Schools that already had inspections that meet the rules or the EPA guidance can be left out, but all other schools must be inspected. The EPA must define when schools need a response, covering four levels: damaged, significantly damaged, likely to be damaged, and likely to be significantly damaged. The EPA must consider tools like air testing and chemical sealers when deciding how to respond. The rules must describe how to respond using the least burdensome methods that still protect health, and must consider local use and costs. For certain damage levels, the rules point to methods in the EPA guidance (chapters 3 and 5). “Preventive measures” means actions that stop asbestos from becoming damaged or that protect health and the environment. By not later than 30 days after November 28, 1990, the EPA must send guidance to schools and governors about risks, when removal is needed, and how to use the least burdensome actions. The rules must also require worker and occupant protection during inspection, response, and post-response checks, an operations and maintenance program for friable asbestos, periodic surveys and staff training, and standards for transporting and disposing of asbestos waste. Local school agencies must make written management plans and start them within 990 days after October 22, 1986; plans must include inspection history, results, response steps and schedule, remaining asbestos, reinspection and O&M plans, accreditation info for people and labs, and a resource evaluation. Plans can be submitted in stages, must be available to the public at the school office, and must be sent to the State Governor. Changes to rules or the guidance must follow formal rulemaking and must protect health. The Secretary of Defense handles these duties for Defense schools overseas, and EPA can waive these federal rules for a State only if that State has an equally strict program and after public notice and hearing.