5409
C'l          PUBLIC LAW 99-519—OCT. 22, 1986
                              905R86103
         ASBESTOS HAZARD EMERGENCY
             RESPONSE ACT OF 1986
      91-139 0-87 (538)

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100 STAT. 2970
            PUBLIC LAW 99-519—OCT. 22, 1986
              Public Law 99-519
              99th Congress
  Oct. 22, 1986
  [H.R. 5073]
Asbestos Hazard
Emergency
Response
Act of 1986.
Environmental
protection.
15 USC 2601
note.
15 USC 2601
note.
 15 USC 2641.
                                          An Act
To amend the Toxic Substances Control Act to require the Environmental Protection
  Agency to promulgate regulations requiring inspection for asbestos-containing
  material in the Nation's schools, development of asbestos management plans for
  such schools, response actions with respect to friable asbestos-containing material
  in such schools, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

  This Act may be  cited
as the  "Asbestos Hazard Emergency
Response Act of 1986".

SEC. 2. AMENDMENT TO TOXIC SUBSTANCES CONTROL ACT.
  The  Toxic Substances Control Act is amended by adding at the
end the following new title:

   "TITLE II—ASBESTOS HAZARD EMERGENCY RESPONSE

"SEC. 201. CONGRESSIONAL FINDINGS AND PURPOSE.
  "(a) FINDINGS.—The Congress finds the following:
      "(1)  The Environmental Protection Agency's  rule  on  local
    educational agency inspection for, and notification of, the pres-
    ence of friable asbestos-containing material in school buildings
    includes  neither standards  for the proper identification  of
    asbestos-containing material and appropriate response actions
    with respect to friable asbestos-containing material, nor a
    requirement that response actions with respect to friable asbes-
    tos-containing material be carried out in a safe and complete
    manner once actions are found to be necessary. As a  result of
    the lack of regulatory guidance from the Environmental Protec-
    tion Agency, some schools have not undertaken response action
    while many others have undertaken expensive projects without
    knowing if their action is necessary, adequate, or safe. Thus, the
    danger of exposure to asbestos continues to exist in schools, and
    some exposure  actually may have increased due to the lack of
    Federal standards and improper response action.
      "(2)  There is no  uniform program for accrediting persons
    involved in asbestos identification and abatement, nor are local
    educational agencies required to use accredited contractors for
    asbestos work.
      "(3)  The guidance provided by the Environmental Protection
    Agency in its  'Guidance for Controlling Asbestos-Containing
    Material in Buildings' is insufficient in  detail to  ensure ade-
    quate responses. Such guidance is intended to be used only until
    the regulations required by this title become effective.
       "(4) Because there are no Federal standards whatsoever regu-
    lating daily exposure to asbestos in other public and commercial
                                             -  - *-l
                                            *** Kr

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             PUBLIC LAW 99-519—OCT. 22, 1986           100 STAT. 2971

    buildings, persons in addition to those comprising the Nation's
    school population may be exposed daily to asbestos.
  "(b) PURPOSE.—The purpose of this title is—
      "(1) to provide for the establishment of Federal  regulations
    which require inspection for asbestos-containing material and
    implementation of appropriate response actions with respect to
    asbestos-containing material in the Nation's schools in a safe
    and complete manner;
      "(2) to mandate safe  and complete periodic reinspection of
    school buildings following response actions, where appropriate;
    and
      "(3) to require the Administrator to conduct a study to find
    out the extent of the danger to human health posed by asbestos
    in public and commercial buildings and the means to respond to
    any such danger.

"SEC. 202. DEFINITIONS.                                            15 USC 2642.
  "For purposes of this title—
      "(1) ACCREDITED ASBESTOS CONTRACTOR.—The term 'accredited
    asbestos contractor' means a person accredited pursuant to the
    provisions of section 206.
      "(2) ADMINISTRATOR.—The term 'Administrator'  means the
    Administrator of the Environmental Protection Agency.
      "(3) ASBESTOS.—The term 'asbestos' means asbestiform vari-
    eties of—
          "(A) chrysotile (serpentine),
          "(B) crocidolite (riebeckite),
          "(C) amosite (cummingtonite-grunerite),
          "(D) anthophyllite,
          "(E) tremolite, or
          "(F) actinolite.
      "(4) ASBESTOS-CONTAINING  MATERIAL.—The term 'asbestos-
    containing material' means any material which contains more
    than 1 percent asbestos by weight.
      "(5) EPA  GUIDANCE  DOCUMENT.—The  term  'Guidance for
    Controlling AsbestosJContaining Material in Buildings', means
    the Environmental Protection Agency document with such title
    as in effect on March 31, 1986.
      "(6) FRIABLE ASBESTOS-CONTAINING MATERIAL.—The term 'fri-
    able asbestos-containing material' means  any asbestos-contain-
    ing material applied  on ceilings, walls,  structural members,
    piping, duct  work, or any other part of a building which when
    dry may be crumbled, pulverized, or reduced to powder by hand
    pressure. The term  includes non-friable asbestos-containing
    material after such  previously non-friable material becomes
    damaged to  the extent that  when  dry it may be crumbled,
    pulverized, or reduced to powder by hand pressure.
      "(7) LOCAL  EDUCATIONAL AGENCY.—The  term  'local  edu-
    cational agency' means—
          "(A) any local educational agency  as defined in section
        198 of the Elementary and Secondary Education Act of 1965  20 use 2854.
        (20 U.S.C. 3381),
          "(B) the owner of any  private,  nonprofit elementary or
        secondary school building, and
          "(C) the governing authority of any school operated under
        the defense dependents'  education  system provided for

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100 STAT. 2972           PUBLIC LAW 99-519—OCT. 22, 1986

                      under the Defense Dependents' Education Act of 1978 (20
                      U.S.C. 921 et seq.).
                    "(8) MOST CURRENT GUIDANCE DOCUMENT.—The  term 'most
                  current guidance document' means the Environmental  Protec-
                  tion Agency's 'Guidance for Controlling  Asbestos-Containing
                  Material in  Buildings' as  modified by  the Environmental
                  Protection Agency after March 31,1986.
                    "(9) NON-PROFIT ELEMENTARY  OR  SECONDARY  SCHOOL.—The
                  term  'non-profit elementary or  secondary school'  means any
                  elementary or secondary school (as defined in section 198 of the
                  Elementary and Secondary  Education Act of 1965 (20 U.S.C.
                  2854)) owned and operated by one or more nonprofit corpora-
                  tions or associations no part of the net earnings of which inures,
                  or may lawfully inure, to the benefit of any private shareholder
                  or individual.
                    "(10) PUBLIC AND COMMERCIAL BUILDING.—The term  'public
                  and commercial  building'  means any building which is not a
                  school building,  except that the term does  not include any
                  residential apartment building of fewer than 10 units.
                    "(11) RESPONSE ACTION.—The  term 'response action'  means
                  methods that protect human health and the environment from
                  asbestos-containing  material. Such methods  include methods
                  described in chapters 3 and  5 of the Environmental Protection
                  Agency's 'Guidance for Controlling Asbestos-Containing Mate-
                  rials in Buildings'.
                    "(12) SCHOOL.—The term  'school' means any elementary or
                  secondary school as defined in section 198 of the Elementary
                  and Secondary Education Act of 1965 (20 U.S.C. 2854).
                    "(13) SCHOOL BUILDING.—The term 'school building' means—
                        "(A) any structure suitable for use as a classroom, includ-
                      ing a school facility such as a laboratory, library, school
                      eating facility, or facility used for the preparation of food,
                        "(B) any gymnasium or other  facility which is specially
                      designed for athletic or recreational  activities for an aca-
                      demic course in physical education,
                        "(C) any other facility  used for the instruction of students
                      or for the administration of educational or research pro-
                      grams, and
                        "(D) any maintenance, storage, or utility facility, includ-
                      ing any hallway, essential to the operation of any  facility
                      described in subparagraphs (A), (B), or (C).
                    "(14) STATE.—The term 'State' means a State, the District of
                  Columbia, the Commonwealth of Puerto Rico, Guam, American
                  Samoa, the Northern Marianas,  the Trust  Territory  of the
                  Pacific Islands, and the Virgin Islands.

15 USC 2643.    "SEC. 203. EPA REGULATIONS.
                "(a)  IN  GENERAL.—Within 360 days after the date of the enact-
              ment of this title, the Administrator shall promulgate regulations as
              described in subsections (b) through (i). With respect to regulations
              described in subsections (b), (c), (d), (e), (f), (g), and (i), the Adminis-
              trator shall issue an advanced notice  of proposed rulemaking within
              60  days after the date of the enactment of  this title, and shall
              propose regulations within 180 days after such date. Any regulation
              promulgated under this section must protect human health and the
              environment.

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             PUBLIC LAW 99-519—OCT. 22, 1986           100 STAT. 2973

  "(b)  INSPECTION.—The Administrator  shall promulgate regula-
tions which prescribe procedures, including the  use of personnel
accredited under section 206(b) or 206(c) and laboratories accredited
under  section 206(d), 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 title or of the 'Guidance for Controlling Asbestos-Contain-
ing 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 appro-
priate  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  mainte-
        nance 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  mainte-
        nance 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,  deterio-
        rated, 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.—                                        Health and
       "(1) IN GENERAL.—The Administrator shall  promulgate regu-   medical care.
    lations 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.

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100 STAT. 2974           PUBLIC LAW 99-519—OCT. 22, 1986

                    "(2) RESPONSE ACTION FOR DAMAGED ASBESTOS.—In the case of
                  a response action for the circumstances described in subsection
                  (cXIXA), methods for responding shall include methods identi-
                  fied in  chapters 3 and  5 of the 'Guidance for Controlling
                  Asbestos-Containing Material in Buildings'.
                    "(3) RESPONSE ACTION  FOR SIGNIFICANTLY DAMAGED ASBES-
                  TOS.—In the case of a response action for the circumstances
                  described in subsection (cXIXB), 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  (cXIXC), 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 DAM-
                  AGED ASBESTOS.—In the case of a response action for the cir-
                  cumstances  described in  subsection  (cXIXD),  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 mate-
                  rial becoming damaged, deteriorated, or delaminated, or signifi-
                  cantly damaged  deteriorated, or delaminated (as the case may
                  be) or which protect human health and the environment.
                "(e) IMPLEMENTATION.—The Administrator shall promulgate regu-
              lations 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 edu-
              cation and protection of both workers and building occupants for the
              following phases of activity:
                    "(1) Inspection.
                    "(2) Response Action.
                    "(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 promul-
              gate 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.

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             PUBLIC LAW 99-519—OCT. 22, 1986
100 STAT. 2975
      "(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 transpor-
tation 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 integ-
rity of containers of asbestos-containing waste material.
  "(i) MANAGEMENT PLANS.—
      "(1) IN GENERAL.—The Administrator shall promulgate regu-
    lations which require  each local educational agency to develop
    an asbestos management  plan for  school buildings under its
    authority, to begin implementation of such plan within 990 days
    after the date of the  enactment of this title, and  to complete
    implementation of such plan in a timely  fashion.  The regula-
    tions shall require that each plan  include  the following ele-
    ments, wherever relevant to the school building:
          "(A) An inspection statement describing inspection and
        response action activities carried out before the date of the
        enactment of this  title.
          "(B) A description of the results of the inspection con-
        ducted pursuant to regulations under subsection (b), includ-
        ing a description of the specific areas inspected.
          "(C) A detailed description of measures to  be taken  to
        respond to any friable asbestos-containing material pursu-
        ant to the regulations promulgated under subsections (c),
        (d), and (e), including  the location or  locations at which a
        response action will be taken,  the  method or methods of
        response action to be used, and a schedule for beginning
        and completing response actions.
          "(D) A detailed description  of any asbestos-containing
        material which remains in the school  building once re-
        sponse actions are undertaken pursuant to the regulations
        promulgated under subsections (c), (d), and (e).
          "(E) A  plan for periodic  reinspection and  long-term
        surveillance activities  developed pursuant to regulations
        promulgated under subsection (g), and a plan for operations
        and maintenance activities developed pursuant to regula-
        tions promulgated under subsection (f).
          "(F) With respect to the person or persons who inspected
        for  asbestos-containing material and who will  design  or
        carry out response actions with  respect to the friable asbes-
        tos-containing  material, one  of the following statements:
              "(i) If the State  has adopted a  contractor accredita-
            tion plan  under section  206(b), a statement that the
            person (or persons) is accredited under such plan.
              "(ii) A statement that  the local educational  agency
            used (or will use) persons who have been accredited  by
            another State which has  adopted  a contractor accredi-
            tation plan under section 206(b) or is accredited pursu-
            ant to an Administrator-approved course under section
            206(c).
          "(G) A list of the laboratories that analyzed any bulk
        samples of asbestos-containing material found in the school
   Education.
   Safety.
   Health and
   medical care.

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100 STAT. 2976           PUBLIC LAW 99-519—OCT. 22, 1986

                      building  or  air samples  taken to detect asbestos in the
                      school building and a statement that  each laboratory has
                      been accredited pursuant  to  the accreditation  program
                      under section 206(d).
                        "(H) With respect to each consultant who contributed to
                      the management plan, the name of the consultant and one
                      of the following statements:
                            "(i) If the State has adopted a contractor accredita-
                          tion  plan  under section 206(b), a statement that the
                          consultant is accredited under such plan.
                            "(ii) A statement that the contractor is accredited by
                          another State which has adopted a contractor accredi-
                          tation plan under section 206(b) or is accredited pursu-
                          ant to an Administrator-approved course under section
                          206(c).
                        "(I) An evaluation  of resources needed to successfully
                      complete response  actions  and  carry out reinspection,
                      surveillance, and operation and maintenance activities.
                    "(2) STATEMENT BY CONTRACTOR.—A  local educational agency
                  may require  each management plan to  contain a statement
                  signed by an accredited asbestos contractor that such contractor
                  has prepared or assisted in the preparation of such plan, or has
                  reviewed such plan, and that such plan is in compliance with
                  the  applicable  regulations  and standards  promulgated  or
                  adopted pursuant to this section and other applicable provisions
                  of law. Such a statement may not be signed by a contractor who,
                  in addition to preparing or assisting in preparing the manage-
                  ment plan, also implements (or will implement) the manage-
                  ment plan.
                    "(3) WARNING LABELS.—(A) The regulations shall require that
                  each  local  educational  agency which has inspected  for  and
                  discovered any asbestos-containing material with respect to  a
                  school building shall attach a warning label to any asbestos-
                  containing material still in routine maintenance areas (such as
                  boiler rooms) of the school building, including—
                        "(i) friable asbestos-containing  material which was re-
                      sponded to by a means other than removal, and
                        "(ii) asbestos-containing material for which no response
                      action was carried out.
                    "(B) The warning label  shall read, in print which is readily
                  visible because of large size or bright color, as  follows: 'CAU-
                  TION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITH-
                  OUT PROPER TRAINING AND EQUIPMENT.'
                    "(4) PLAN  MAY BE SUBMITTED IN STAGES.—A local  educational
                  agency may  submit a management plan in stages, with each
                  submission of the agency covering only a portion of the school
                  buildings under the agency's authority,  if the  agency  deter-
                  mines that such action would  expedite the identification and
                  abatement of hazardous  asbestos-containing material in the
                  school buildings under the authority of the agency.
                    "(5)  PUBLIC AVAILABILITY.—A copy of the management plan
                  developed under  the  regulations shall  be available in the
                  administrative offices of the local educational agency for inspec-
                  tion 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.

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PUBLIC LAW 99-519—OCT. 22, 1986
                                                             100 STAT. 2977
                                                   Health and
                                                   medical care.
                                                   Health and
                                                   medical care.
                                                   Defense and
                                                   national
                                                   security.
      "(6) SUBMISSION  TO STATE GOVERNOR.—Each plan developed
    under this subsection shall be submitted to the State Governor
    under section 205.
  "(j) CHANGES IN REGULATIONS.—Changes  may be made in the
regulations promulgated under this section only by rule in accord-
ance with section 553 of title 5,  United States Code. Any such
change must protect human health and the environment.
  "(k) CHANGES IN GUIDANCE DOCUMENT.—Any change made in the
'Guidance for Controlling Asbestos-Containing Material in Build-
ings' shall be made only by rule in accordance with section 553 of
title 5, United  States Code, unless a regulation described in this
section dealing with the same subject matter is in effect. Any such
change must protect human health and the environment.
  "(1) TREATMENT OF DEPARTMENT OF DEFENSE SCHOOLS.—
      "(1) SECRETARY TO ACT IN LIEU OF GOVERNOR.—In the adminis-
    tration of this title, any function, duty,  or other responsibility
    imposed on a Governor of a State shall be carried out by the
    Secretary of Defense with respect to any school operated under
    the defense dependents' education system provided for under
    the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
    seq.).
      "(2) REGULATIONS.—The  Secretary of Defense, in  cooperation
    with the Administrator, shall, to the extent feasible and consist-
    ent with the national security, take such action  as  may  be
    necessary to provide for  the identification,  inspection, and
    management (including abatement) of asbestos in any  building
    used by the Department of Defense as an overseas school for
    dependents of members of the Armed Forces. Such identifica-
    tion, inspection, and management (including abatement) shall,
    subject to the preceding sentence, be carried out in a manner
    comparable to the manner in which a local educational agency
    is required to carry out such activities with respect to  a school
    building under this title.
  "(m) WAIVER.—The Administrator,  upon request  by  a Governor
and after notice and comment and opportunity for a public hearing
in the affected State, may waive some or all of the requirements of
this section  and section 204 with  respect to such  State if it has
established and is implementing a program of asbestos inspection
and management that contains requirements  that  are at least as
stringent as the requirements of this section and section 204.

"SEC. 204. REQUIREMENTS IF EPA FAILS TO PROMULGATE REGULATIONS.  15 USC 2644.
  "(a) IN GENERAL.—
      "(1) FAILURE TO  PROMULGATE.—If the  Administrator fails to
    promulgate within the prescribed period—
          "(A)  regulations described  in section 203(b)  (relating to
        inspection);
          "(B) regulations described in section 203 (c), (d), (e), (0, (g),
        and (i) (relating to responding to asbestos); or
          "(C)  regulations described in section 203(h)  (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.

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100 STAT. 2978
PUBLIC LAW 99-519—OCT. 22, 1986
                    "(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  Environ-
                  mental 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 the date of the enactment
              of this  title, shall  conduct an  inspection for asbestos-containing
              material, using personnel accredited under section 206(b) or 206(c)
              and  laboratories  accredited under section 206(d), 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.
Education.        "(c) OPERATION  AND MAINTENANCE.—The local educational agency
Safety.         s^a\\t wjthin 720  days after the date of the enactment of this title,
              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 edu-
              cation 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 205 within 810 days after the date of the enactment
                      of this title,
                        "(B) begin implementation  of such plan within 990  days
                      after the date of the enactment of this title, 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 203(i)(l),
                      including an inspection statement  as described in  para-
                      graph (3) of this section,
Labeling.                 "(B)  provide for the attachment  of warning labels  as
                      described in section 203(iX3),
                        "(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
                      205.
                    "(3) INSPECTION STATEMENT.—The local  educational agency
                  shall complete an inspection statement, covering activities car-

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            PUBLIC LAW 99-519—OCT. 22, 1986           100 STAT. 2979

    ried out before the date of the enactment of this title, 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 state-
            ment  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 asbes-
    tos after the completion of actions described in the most current
    guidance document, other than the  type of action  described  in
    sections 203(0  and subsection (c) of this section, shall not exceed
    the ambient exterior concentration, discounting any contribu-
    tion from  any local stationary source. Either a scanning elec-
    tron microscope or a transmission electron microscope shall  be
    used to determine the ambient  interior concentration. In the
    absence of reliable measurements,  the ambient exterior  con-
    centration 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 trans-
        mission 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 teach-
    ers, 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).

"SEC. 205. SUBMISSION TO STATE GOVERNOR.                          15 USC 2645.
  "(a) SUBMISSION.—Within 720 days after the date of the enactment
of this title (or within 810 days if there are no regulations under
section 203(i)), a local educational agency  shall submit a manage-

-------
100 STAT. 2980           PUBLIC LAW 99-519—OCT. 22, 1986

              ment plan developed pursuant to regulations promulgated under
              section 203(i) (or under section 204(d) if there are no regulations) to
              the Governor of the State in which the local educational agency is
              located.
                "(b) GOVERNOR REQUIREMENTS.—Within 360 days after the date of
              the enactment of this title, the Governor of each State—
                    "(1) shall  notify local educational agencies  in  the State of
                  where to submit their management plans under this section,
                  and
                    "(2) may establish administrative procedures for reviewing
                  management plans submitted under this section.
              If  the  Governor establishes procedures under  paragraph (2), the
              Governor shall designate to carry out the reviews those State offi-
              cials who are responsible for implementing environmental protec-
              tion or other public health programs, or with authority over asbes-
              tos programs, in the State.
                "(c) MANAGEMENT PLAN REVIEW.—
                    "(1) REVIEW  OF PLAN.—The  Governor may  disapprove  a
                  management plan within 90 days after the date of receipt of the
                  plan if the plan—
                        "(A) does not conform  with the regulations under section
                      203(i) (or with section 204(d) if there are  no regulations),
                        "(B) does not assure that contractors  who are accredited
                      pursuant to this  title will be used to carry out the plan, or
                        "(C) does not contain a response action schedule which is
                      reasonable and timely, taking into account circumstances
                      relevant to the speed at  which the friable asbestos-contain-
                      ing material in the school buildings under the local edu-
                      cational agency's authority should be responded to, includ-
                      ing human exposure to the asbestos while the friable asbes-
                      tos-containing material remains in the school building, and
                      the ability of the local educational agency to continue to
                      provide educational services to the community.
                    "(2) REVISION OF PLAN.—If the State Governor disapproves a
                  plan, the State Governor shall explain  in writing to the local
                  educational  agency the reasons why the plan was disapproved
                  and  the changes that need to be made in the plan. Within 30
                  days after the date on which notice is received of disapproval of
                  its plan, the local  educational agency shall revise the  plan to
                  conform with the State Governor's suggested changes. The Gov-
                  ernor may extend the 30-day period for not  more than 90 days.

15 USC 2646.    "SEC. 206. CONTRACTOR AND LABORATORY ACCREDITATION.
                "(a) CONTRACTOR ACCREDITATION.—A person may not—
                    "(1) inspect for asbestos-containing material in a school build-
                  ing under the authority of a local educational agency,
                    "(2) prepare a management plan for such a school, or
                    "(3) design or conduct response actions, other than the type of
                  action described in sections  203(f) and  204(c), with respect to
                  friable asbestos-containing material in such a school,
              unless such person is accredited by a  State under subsection (b) or is
              accredited pursuant to an Administrator-approved course under
              subsection (c).
                "(b) ACCREDITATION BY STATE.—
                    "(1) MODEL PLAN.—
                        "(A) PERSONS TO BE ACCREDITED.—Within 180 days after
                       the date of the enactment of this title, the Administrator, in

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         PUBLIC LAW 99-519—OCT. 22, 1986           100 STAT. 2981

    consultation with affected organizations, shall develop a
    model  contractor accreditation plan  for  States to give
    accreditation to persons in the following categories:
          "(i) Persons who  inspect  for  asbestos-containing
        material in school buildings under the authority of a
        local educational agency.
          "(ii)  Persons who prepare  management plans for
        such schools.
          "(iii) Persons who design or carry out response ac-
        tions, other than the type of action described in sec-
        tions 203(f) and 204(c), with respect to friable asbestos-
        containing material in such schools.
      "(B)  PLAN REQUIREMENTS.—The plan shall  include  a  Education.
    requirement that any person in a category listed in para-
    graph (1) achieve a passing grade on an examination and
    participate in continuing education to stay informed about
    current asbestos inspection and response action  technology.
    The examination shall demonstrate the knowledge of the
    person in areas that the Administrator prescribes as nec-
    essary and appropriate  in  each of the categories. Such
    examinations may include requirements for knowledge in
    the following areas:
          "(i) Recognition of asbestos-containing material and
        its physical characteristics.
          "(ii) Health hazards of asbestos and the relationship
        between asbestos exposure and disease.
          "(iii) Assessing the risk of asbestos exposure through
        a knowledge  of percentage weight of asbestos-contain-
        ing material, friability, age, deterioration, location and
        accessibility  of materials,  and advantages and dis-
        advantages of dry and  wet response action methods.
          "(iv) Respirators and their use, care, selection, degree
        of protection afforded, fitting, testing, and  mainte-
        nance and cleaning procedures.
          "(v) Appropriate work practices and control methods,
        including the use of high  efficiency particle absolute
        vacuums, the use of amended water, and principles of
        negative air  pressure equipment use and  procedures.
          "(vi) Preparing a work area for response action work,
        including isolating work areas to prevent bystander or
        public  exposure to asbestos,  decontamination proce-
        dures, and procedures for dismantling work areas after
        completion of work.
          "(vii) Establishing emergency procedures to respond
        to sudden releases.
          "(yiii) Air monitoring requirements and  procedures.
          "(ix) Medical surveillance program requirements.
          "(x) Proper asbestos waste  transportation and dis-
        posal procedures.
          "(xi)  Housekeeping and personal hygiene practices,
        including the necessity  of showers, and procedures to
        prevent asbestos  exposure to  an employee's family.
  "(2) STATE ADOPTION OF PLAN.—Each State shall adopt a con-
tractor  accreditation  plan at least as stringent as  the model
plan developed  by the Administrator under   paragraph  (1),
within 180 days after the commencement of the first regular
session of the legislature of such State which is convened follow-

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100 STAT. 2982           PUBLIC LAW 99-519—OCT. 22, 1986

                  ing the date on which the Administrator completes develop-
                  ment of the model plan. In the case of a school operated under
                  the defense dependents' education system provided for under
                  the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
                  seq.), the Secretary of Defense shall adopt a contractor accredi-
                  tation plan at least as stringent as that model.
                "(c) ACCREDITATION BY ADMINISTRATOR-APPROVED COURSE.—
                    "(1) COURSE APPROVAL.—Within 180 days after the date of the
                  enactment of this title, the Administrator shall ensure that any
                  Environmental Protection  Agency-approved asbestos training
                  course is consistent with  the model plan  (including testing
                  requirements) developed under subsection (b). A contractor may
                  be accredited by taking and passing such a course.
                    "(2) TREATMENT OF  PERSONS  WITH PREVIOUS  EPA  ASBESTOS
                  TRAINING.—A person who—
                         "(A)  completed  an  Environmental Protection Agency-
                      approved asbestos training  course before the date of the
                      enactment of this title, and
                        "(B) passed (or passes) an asbestos test either before  or
                      after the date of the enactment of this title,
                  may  be accredited under paragraph (1) if the  Administrator
                  determines  that the course and  test are  equivalent to the
                  requirements of the model plan developed under subsection (b).
                  If the Administrator so determines, the person shall be consid-
                  ered accredited for the purposes  of this title until a date that is
                  one year after the date on which the State in which such person
                  is employed establishes an accreditation program pursuant to
                  subsection (b).
                    "(3) LISTS OF COURSES.—The Administrator, in consultation
                  with affected  organizations, shall  publish  (and revise  as
                  necessary)—
                        "(A) a list of asbestos courses and tests in effect before the
                      date of the enactment of this title which qualify for equiva-
                      lency treatment under paragraph (2), and
                        "(B) a  list  of asbestos courses and tests which the
                      Administrator determines under paragraph  (1) are consist-
                      ent with the model plan and which will qualify a contractor
                       for accreditation under such paragraph.
                "(d) LABORATORY ACCREDITATION.—(1) The Administrator shall
              provide for the development of an accreditation program for labora-
              tories by the National Bureau of Standards in accordance with
              paragraph (2).  The Administrator shall transfer such funds as are
              necessary to the National Bureau of Standards to carry  out such
              program.
                "(2) The  National  Bureau  of Standards,  upon request by the
              Administrator, shall, in consultation with affected organizations—
                     "(A) within  360  days after the date of the enactment of this
                  title, develop an accreditation program for laboratories which
                  conduct qualitative and semi-quantitative analyses of bulk sam-
                  ples of asbestos-containing material, and
                     "(B) within 720  days after the date of the enactment of this
                  title, develop an accreditation program for  laboratories which
                  conduct analyses of air samples of asbestos from school build-
                  ings under the authority of a local educational agency.
                "(3) A laboratory which plans to carry out any such analysis shall
              comply with the requirements of the accreditation program.

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             PUBLIC LAW 99-519—OCT. 22, 1986
100 STAT. 2983
  "(e) FINANCIAL ASSISTANCE CONTINGENT ON USE OF ACCREDITED
PERSONS.—(1) A school which is an applicant for financial assistance
under section 505 of the Asbestos School Hazard Abatement Act of
1984 (Public Law 98-377;  20 U.S.C. 4011 et seq.) is not eligible for 20 USC 4014.
such assistance unless the school, in carrying out the requirements
of this title—
      "(A) uses a person t.or persons)—
          "(i) who is accredited by a State which has adopted an
        accreditation plan based on the model plan developed under
        subsection (b), or
          "(ii) who  is accredited pursuant to an Administrator-
        approved course under subsection (c), and
      "(B) uses  a laboratory (or laboratories) which is accredited
    under the program developed under subsection (d).
  "(2) This subsection shall apply to any financial assistance pro-
vided under the  Asbestos School Hazard Abatement Act of 1984 for
activities performed after the following dates:
      "(A) In the case of activities  performed by persons,  after the
    date which is one year after the date of the enactment of this
    title.
      "(B) In the case of activities performed by laboratories, after
    the date which is 180 days after the date on which a laboratory
    accreditation program is completed under subsection (d).
"SEC. 207. ENFORCEMENT.
                                                                 15 USC 2647.
  "(a) PENALTIES.—Any local educational agency—
      "(1) which fails to conduct an inspection pursuant to regula-
    tions under section 203(b) or under section 204(b),
      "(2) which knowingly submits false information to the Gov-
    ernor regarding any inspection pursuant  to regulations under
    section 203(i) or knowingly includes false information in any
    inspection statement under section 204(dX3), or
      "(3) which fails to develop a management plan pursuant to
    regulations under section 203(i) or under section 204(d),
is liable for a civil penalty of not more than $5,000 for each day
during which the violation continues. Any civil penalty under this
subsection shall  be assessed and collected in the same manner, and
subject to the same provisions, as in  the  case of civil penalties
assessed and collected under section 16. For purposes of this subsec-  15 use 2615.
tion, a 'violation' means a failure to comply with respect to a single
school building.  The court shall order  that any civil penalty col-
lected under this subsection be used by the local educational agency
for  purposes  of  complying with this  title. Any portion of a civil
penalty remaining unspent after compliance by a local educational
agency is completed shall be deposited into the Asbestos Trust Fund
established by section 5  of the Asbestos Hazard  Emergency Re-
sponse Act of 1986.                                                Post, p. 2990.
  "(b) RELATIONSHIP TO TITLE  I.—A local educational agency is not
liable for any civil penalty under title  I of this Act for failing  or  Post, p. 2989.
refusing to comply with any rule promulgated or order issued under
this title.
  "(c) ENFORCEMENT CONSIDERATIONS.—
      "(1) In  determining the amount of a civil penalty  to  be
    assessed under subsection  (a) against a local educational agency,
    the Administrator shall consider—
          "(A) the significance of the violation;

-------
100 STAT. 2984
            PUBLIC LAW 99-519—OCT. 22, 1986
Post, p. 2989.
Federal
Register,
publication.
Courts, U.S.
District of
Columbia.
          "(B) the culpability of the violator, including any history
        of previous violations under this Act;
          "(C) the ability of the violator to pay the penalty; and
          "(D)  the ability of the violator to continue to provide
        educational services to the community.
      "(2) Any action ordered by a court in fashioning relief under
    section  20  shall  be consistent with  regulations promulgated
    under section 203 (or with the requirements of section 204 if
    there are no regulations).
  "(d) CITIZEN COMPLAINTS.—Any person may file a complaint with
the Administrator or with the Governor of the State in which the
school building is located with respect to asbestos-containing mate-
rial in a school building. If the Administrator or Governor receives a
complaint under this subsection containing allegations which pro-
vide a  reasonable basis to believe that a violation  of this Act  has
occurred, the Administrator  or Governor shall investigate and re-
spond (including taking enforcement  action where appropriate) to
the complaint within a reasonable period of time.
  "(e) CITIZEN PETITIONS.—(1) Any person may petition the Adminis-
trator  to  initiate a  proceeding for the issuance, amendment, or
repeal of a regulation or order under this title.
  "(2) Such petition shall be filed in the principal office of the
Administrator and shall set forth the facts which it is claimed
establish that it is necessary to issue, amend, or repeal a regulation
or order under this title.
  "(3) The Administrator may hold a public hearing or may conduct
such investigation or proceeding as the Administrator deems appro-
priate in order to determine whether or not such petition should be
granted.
  "(4) Within 90 days after filing of  a petition described in para-
graph (1), the Administrator shall either grant or deny the petition.
If the Administrator grants such petition, the Administrator shall
promptly commence an appropriate proceeding in accordance with
this title. If the Administrator denies such petition, the  Adminis-
trator  shall publish in the  Federal  Register the Administrator's
reasons for such denial. The  granting or denial of a petition under
this subsection shall not affect any deadline or other requirement of
this title.
  "(f) CITIZEN CIVIL ACTIONS WITH RESPECT To EPA REGULATIONS.—
(1)  Any person may commence a civil action without prior notice
against the Administrator to compel the Administrator to meet the
deadlines in section 203 for issuing advanced notices of proposed
rulemaking,  proposing regulations, and promulgating regulations.
Any such action shall be brought in the district court of the United
States for the District of Columbia.
  "(2) In any action brought under paragraph (1) in which the court
finds the Administrator to be in violation of any deadline in section
203, the court  shall  set forth a schedule for promulgating  the
regulations  required  by section 203 and  shall order the  Adminis-
trator  to  comply with such  schedule. The court may extend  any
deadline (which has not already occurred) in section 204(b), 204(c), or
204(d)  for a period of not more than 6 months, if the court-ordered
schedule will result in final  promulgation of the pertinent regula-
tions within the extended period. Such deadline extensions may not
be  granted by  the  court beginning  720 days after  the date of
enactment of this title.

-------
            PUBLIC LAW 99-519—OCT. 22, 1986
100 STAT. 2985
  "(3) Section 20 of this Act shall apply to civil actions described
in this subsection, except  to  the  extent inconsistent  with  this
subsection.

"SEC. 208. EMERGENCY AUTHORITY.
   Post, p. 2989.

   Health and
   medical care.
   5 USC 2648.
  "(a) EMERGENCY ACTION.—
      "(1) AUTHORITY.—Whenever—
          "(A) the presence of airborne asbestos or the condition of
        friable  asbestos-containing material in a school  building
        governed by a local educational agency poses an imminent
        and substantial  endangerment to  human health or the
        environment, and
          "(B) the local educational agency  is not taking sufficient
        action  (as  determined  by  the Administrator   or  the
        Governor) to respond to the airborne  asbestos or friable
        asbestos-containing material,
    the Administrator or the Governor of a State is authorized  to
    act to protect human health or the environment.
      "(2) LIMITATIONS ON  GOVERNOR ACTION.—The Governor of a
    State shall notify the Administrator within  a reasonable period
    of time before the Governor plans to take an emergency action
    under this subsection.  After such notification, if the Adminis-
    trator takes an emergency action  with respect to the same
    hazard, the Governor may not carry out (or continue to carry
    out, if the action has been started) the emergency action.
      "(3)  NOTIFICATION.—The  following   notification  shall  be
    provided  before  an  emergency action  is  taken  under  this
    subsection:
          "(A) In  the case of a Governor  taking the action, the
        Governor  shall notify  the local educational agency  con-
        cerned.
          "(B) In the case  of the Administrator taking the action,
        the Administrator  shall notify both the local educational
        agency concerned and the Governor of the State in which
        such agency is located.
      "(4) COST RECOVERY.—The Administrator or the Governor of a
    State may seek reimbursement for all  costs of an emergency
    action taken under this subsection in the United States District
    Court for the District of Columbia or for the district in which
    the emergency  action occurred. In any  action  seeking  re-
    imbursement from a local educational agency, the action shall
    be brought in the United States District Court for the district in
    which the local educational agency is located.
  "(b) INJUNCTIVE RELIEF.—Upon receipt of evidence that the pres-
ence of airborne asbestos  or the condition of friable asbestos-contain-
ing material in a school building governed  by  a local educational
agency poses an imminent and substantial endangerment to human
health or the environment—
      "(1) the Administrator may request the Attorney General  to
    bring suit, or
      "(2) the Governor of a State may bring  suit,
to secure such relief as may be necessary to respond to the hazard.
The district court of the  United States in the district in which the  Courts, U.S.
response will be carried  out shall have jurisdiction  to grant such
relief, including injunctive relief.
   Courts, U.S.
   District of
   Columbia.

-------
 100 STAT. 2986
PUBLIC LAW 99-519—OCT. 22,1986
15 USC 2649.      "SEC. 209. STATE AND FEDERAL LAW.
                 "(a) No PREEMPTION.—Nothing in this title shall  be construed,
               interpreted, or applied to preempt, displace, or supplant any other
               State or Federal law, whether statutory or common.
                 "(b) COST AND DAMAGE AWARDS.—Nothing in this title or  any
               standard, regulation, or requirement promulgated pursuant to this
               title  shall be  consfrued or interpreted to preclude any court from
               awarding costs and damages associated with the abatement, includ-
               ing the removal, of asbestos-containing material, or a portion of such
               costs, at any time prior to the actual date on which such material is
               removed.
                 "(c) STATE MAY ESTABLISH MORE REQUIREMENTS.—Nothing in this
               title  shall be  construed or interpreted as preempting a State from
               establishing any additional liability or more stringent requirements
               with  respect  to  asbestos in school  buildings within  such  State.
                 "(d) No FEDERAL CAUSE OF ACTION.—Nothing in this title creates a
               cause of action or in any other way increases or diminishes the
               liability of any person under any other law.
                 "(e) INTENT OF CONGRESS.—It is not the intent of  Congress that
               this title or rules, regulations, or orders issued pursuant to this title
               be interpreted as influencing, in either the plaintiffs  or defendant's
               favor, the disposition  of any civil action  for damages relating  to
Courts, U.S.      asbestos. This subsection does not affect the authority of any court
               to make a determination in an adjudicatory proceeding under ap-
               plicable State law with respect to the admission into evidence or any
               other use of this title or rules, regulations, or orders issued pursuant
               to this title.
15 USC 2650.      "SEC. 210. ASBESTOS   CONTRACTORS   AND   LOCAL   EDUCATIONAL
                         AGENCIES.
                 "(a) STUDY.—
Insurance.            "(1) GENERAL REQUIREMENT.—The Administrator shall  con-
                  duct a study on the availability of liability insurance and other
                  forms of assurance against financial loss which are available to
                  local educational agencies and asbestos contractors with respect
                  to actions required under this title. Such study  shall  examine
                  the following:
                         "(A) The extent to which liability insurance and other
                       forms of assurance against financial loss are available  to
                       local educational agencies and asbestos contractors.
                         "(B) The  extent to which the cost of insurance or other
                       forms of assurance against financial loss has increased and
                       the extent  to which coverage has  become  less complete.
                         "(C) The extent to which  any limitation in the availabil-
                       ity of insurance or other forms of assurance against finan-
                       cial loss is the result of factors  other than standards  of
                       liability in applicable law.
                         "(D) The extent to which the existence of the regulations
                       required by subsections (c) and (d) of section 203 and the
                       accreditation of contractors under section 206 has affected
                       the availability  or  cost  of insurance  or other forms  of
                       assurance against financial loss.
                         "(E) The extent to which  any limitation on the availabil-
                       ity of insurance or other forms  of assurance against finan-
                       cial  loss is inhibiting inspections for  asbestos-containing
                       material or the development or implementation of manage-
                       ment plans under this title.

-------
             PUBLIC LAW 99-519—OCT. 22, 1986
100 STAT. 2987
          "(F) Identification of any other impediments to the timely
        completion of inspections  or the  development  and im-
        plementation of management plans under this title.
      "(2) INTERIM REPORT.—Not  later than April  1, 1988, the
    Administrator shall submit to the Congress an interim report
    on the progress of the study required by this subsection, along
    with preliminary findings based on information collected to that
    date.
      "(3) FINAL REPORT.—Not  later than October  1, 1990, the
    Administrator shall submit to the Congress a final report on the
    study required by this subsection, including final findings based
    on the information collected.
  "(b) STATE ACTION.—On the basis of the interim report or the final
report of the study required by subsection (a), a State may enact or
amend State law to establish  or modify a standard of liability for
local educational agencies  or  asbestos contractors with respect to
actions required under this title.

"SEC. 211. PUBLIC PROTECTION.
  "(a) PUBLIC  PROTECTION.—No State or local educational agency
may discriminate against a person  in any  way, including firing a
person who is an employee, because the person provided information
relating to a potential violation of this title to any other person,
including a State or the Federal Government.
  "(b) LABOR DEPARTMENT REVIEW.—Any public or private employee
or representative of employees who believes he or she has been fired
or otherwise discriminated against in violation of subsection (a) may
within 90  days after the  alleged  violation occurs apply to the
Secretary of Labor for a review of the firing or alleged discrimina-
tion. The review shall be conducted  in accordance with section  ll(c)
of the Occupational Safety and Health Act.

"SEC. 212. ASBESTOS OMBUDSMAN.
  "(a) APPOINTMENT.—The Administrator shall appoint an  Asbestos
Ombudsman, who shall carry out the duties described  in subsection
(b).
  "(b) DUTIES.—The duties of the Asbestos Ombudsman are—
      "(1)  to  receive  complaints,  grievances,  and  requests for
    information submitted by any person with respect  to any aspect
    of this title,
      "(2) to render assistance with  respect to the complaints, griev-
    ances, and requests received, and
      "(3) to make such recommendations to the Administrator as
    the Ombudsman considers appropriate.

"SEC. 213. EPA STUDY OF ASBESTOS-CONTAINING MATERIAL IN PUBLIC
          BUILDINGS.
  "Within 360 days after the date of the enactment of this  title, the
Administrator shall conduct and submit to the Congress the results
of a study which shall—
      "(1) assess the extent to which asbestos-containing materials
    are present in public and commercial buildings;
      "(2) assess the  condition of asbestos-containing material in
    commercial buildings and the likelihood that persons occupying
    such buildings, including  service and maintenance personnel,
    are, or may be, exposed to asbestos fibers;
   Discrimination,
   prohibition.
   15 USC 2651.
   29 USC 660.

   15 USC 2652.
   15 USC 2653.

-------
100 STAT. 2988          PUBLIC LAW 99-519—OCT. 22, 1986

                    "(3) consider and report on whether public and commercial
                  buildings should be subject to the same inspection and response
                  action requirements that apply to school buildings;
                    "(4) assess whether existing Federal regulations adequately
                  protect  the general public, particularly abatement personnel,
                  from exposure to asbestos during renovation and demolition of
                  such buildings; and
                    "(5) include recommendations that explicitly address whether
                  there is a need to establish standards for, and regulate asbestos
                  exposure in, public and commercial buildings.

15 USC 2654.     "SEC. 214. TRANSITION RULES.
Post, p. 2989.       "Any regulation of the Environmental Protection Agency under
              title I which is inconsistent with this title shall not be in effect after
              the date of the enactment of this  title.  Any advanced notice of
              proposed rulemaking, any proposed rule, and any regulation of the
              Environmental Protection Agency in effect before the date of the
              enactment of this title which is consistent with the regulations
              required under section 203 shall remain in effect and may be used to
              meet the requirements of section 203, except that any such regula-
              tion shall be enforced under this Act.".

20 USC 4014.     SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
                (a) CONFORMING AMENDMENT TO ASBESTOS SCHOOL HAZARD ABATE-
              MENT ACT.—Section 505(g) of the Asbestos School Hazard  Abate-
              ment Act of 1984 (Public  Law 98-377; 20 U.S.C. 4011  et seq.) is
              amended by adding at the end the following new paragraph:
                "(4)(A) No financial assistance may be provided under this section
              to any school—
                    "(i) which uses any  person who has not been  accredited
Ante, p. 2980.        pursuant  to section 206(b) or 206(c)  of the  Toxic Substances
                  Control Act, to carry out activities described in section 206(a) of
                  that Act, or
                    "(ii) which uses any laboratory which has not been  accredited
                  pursuant to section 206(d) of the Toxic Substances Control Act,
                  to carry out activities described in such section.
                "(B) This paragraph shall apply to any financial assistance pro-
              vided under this section  after the  date  of the enactment  of the
              Asbestos Hazard Emergency  Response Act of 1986, for activities
              performed after the following dates:
                    "(i) In the case of activities performed by persons, after the
                  date which is one year after the date of the enactment of this
                  title.
                    "(ii) In the case of activities performed by laboratories, after
                  the  date which is 180 days after the date on which a  laboratory
                  accreditation program is completed under subsection (d).".
                (b) CONFORMING AMENDMENTS  TO Toxic SUBSTANCES CONTROL
              ACT.—
                    (1) Section 15 of the Toxic Substances Control Act (15 U.S.C
                  2614) is amended in paragraph (1)—
                        (A) by striking out "or" before "(C)",
                        (B) by striking out  the semicolon and  inserting  in  lieu
                       thereof a comma, and
                        (C) by adding at the end of such paragraph the following:
Ante, p. 2970.             "or (D) any requirement of title II or any rule promulgated
                       or order issued under  title II;".

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             PUBLIC LAW 99-519—OCT. 22, 1986
                                                               100 STAT. 2989
      (2)  Section  19 of such Act  (15 U.S.C. 2618) is amended  in
    subsection (a)dXA) by inserting after "or 8," the  following: "or
    under title II,".
      (3)  Section  20 of such Act  (15 U.S.C. 2619) is amended  in
    subsection (aXD by striking put "4, 5, or 6 or order issued under
    section 5" and inserting in lieu thereof the following: "4, 5, or 6,
    or title II, or order issued under section 5 or title II"
  (c) TECHNICAL AMENDMENTS.—The Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) is amended—
      (1)  by  inserting immediately before section 1  the following:

        "TITLE I-CONTROL OF  TOXIC SUBSTANCES";

      (2)  by  inserting in the table of contents in section 1,  imme-
    diately before the item relating to section 1,  the following:
             "TITLE I-CONTROL OF TOXIC SUBSTANCES";
and
      (3) by adding at the end of the table of contents in section 1
    the following:

         "TITLE II—ASBESTOS HAZARD EMERGENCY RESPONSE

   "Sec. 201. Congressional findings and purpose.
   "Sec. 202. Definitions.
   "Sec. 203. EPA Regulations.
   "Sec. 204. Requirements if EPA fails to promulgate regulations.
   "Sec. 205. Submission to State Governor.
   "Sec. 206. Contractor and laboratory accreditation.
   "Sec. 207. Enforcement.
   "Sec. 208. Emergency authority.
   "Sec. 209. State and Federal law.
   "Sec. 210. Asbestos contractors and local educational agencies.
   "Sec. 211. Public protection.
   "Sec. 212. Asbestos ombudsman.
   "Sec. 213. EPA study of asbestos-containing material in public buildings.
   "Sec. 214. Transition rules.".

SEC. 4. AUTHORIZATION.
                                                                   20 USC 4021.
                                                                   Grants.
                                                                   20 USC 4014.
                                                                   20 USC 4014
                                                                   note.
  (a) Section 512 of the  Asbestos School Hazard Abatement Act of
1984 (Public Law 98-377; 20 U.S.C. 4011  et seq.) is  amended by
adding at the  end the following:  "In  addition, for such purposes
there are authorized to  be appropriated out of the Asbestos Trust
Fund established by section 5 of the Asbestos Hazard Emergency
Response Act of 1986 $25,000,000 for each of fiscal years 1987, 1988,
1989, and 1990.".
  (bXD  Notwithstanding  section  505(c) of the  Asbestos  School
Hazard Abatement Act  of 1984, for fiscal years 1988 and  1989 the
Administrator  shall provide financial assistance under section 505
of such Act in the form of grants to States or local educational
agencies to carry out inspections for asbestos-containing material in
school buildings and preparation of management plans for school
buildings under this title.
  (2) Not more than 2  percent of any grant  awarded to  a State
pursuant to paragraph (1) may be used by the State for administra-
tive purposes. For purposes of the preceding sentence, administra- Wages.
tive purposes do not include salaries of persons who inspect for
asbestos-containing material or assist in the preparation of manage-
ment plans.

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100 STAT. 2990           PUBLIC LAW 99-519—OCT. 22, 1986

                (3) In determining which local educational agencies to approve
              grants for, the Administrator shall take into account the financial
              need of the  agency. Of the amount available under the Asbestos
20 USC 4011.     School Hazard Abatement Act of 1984 for fiscal years 1988 and 1989,
              not more than  10  percent may be obligated for the purposes de-
              scribed in this subsection.

20 USC 4022.     SEC. 5. ASBESTOS TRUST FUND.
                (a) CREATION OF TRUST FUND.—There is established in the Treas-
              ury of the United States a trust fund to be known as the "Asbestos
              Trust Fund", consisting of such amounts as may be transferred or
              credited to such Trust Fund as provided in this section.
                (b) TRANSFERS TO TRUST FUND.—
                    (1) TRANSFER.—There are hereby transferred to the Asbestos
                  Trust Fund amounts equivalent to—
                        (A) amounts received in the Treasury on or after January
                      1, 1987, as repayments of loans made under section 505 of
20 USC 4014.             the Asbestos School Hazard Abatement Act of 1984 (Public
                      Law 98-377; 20 U.S.C. 4011 et seq.) as in effect on the date of
                      the enactment of this Act, and
                        (B) amounts received as  deposits from local  educational
                      agencies under section 207(a) of the Toxic Substances Con-
                      trol Act (as added by section 2 of this Act).
                    (2) MONTHLY TRANSFERS.—The amounts transferred by para-
                  graph (1) shall  be transferred at least monthly from the  general
                  fund of the Treasury to the Asbestos Trust Fund on the  basis of
                  estimates made by the Secretary of the Treasury of the amounts
                  referred to in such paragraph. Adjustments shall be made in the
                  amounts subsequently transferred to the extent prior estimates
                  were more or less than the amounts required to be  transferred.
                (c) MANAGEMENT OF TRUST FUND.—
                    (1) INVESTMENT.—
                        (A) IN GENERAL.—The Secretary of the Treasury shall
                      invest such portion of the Asbestos Trust Fund as is not, in
                      his judgment, required to meet current  withdrawals. Such
                      investments may be made only in interest-bearing obliga-
                      tions of the United States and may be acquired—
                           (i) on original issue at the issue price, or
                           (ii) by  purchase of  outstanding  obligations  at the
                          market price.
                        (B) SALE OF OBLIGATIONS.—Any obligation acquired by the
                      Asbestos Trust Fund may  be sold by the Secretary of the
                      Treasury at the market price.
                        (C) INTEREST ON CERTAIN  PROCEEDS.—The interest on, and
                      the proceeds from the sale or redemption of, any obligations
                      held in the Asbestos Trust Fund shall  be credited to and
                      form a part of the Trust Fund.
                     (2) REPORT.—It shall  be the duty of the Secretary of the
                  Treasury to hold the Asbestos Trust Fund and to report to the
                  Congress each year on the financial condition and the results of
                  the operations of the Trust Fund  during the preceding fiscal
                  year and on its expected condition and operations during the
                  next 5 fiscal years.
                (d) EXPENDITURES FROM ASBESTOS TRUST FUND.—Amounts in the
              Asbestos Trust Fund shall be available, as provided by appropriation
              Acts, only for purposes of carrying out the Asbestos Hazards Abate-
              ment Assistance Program under section 505 of the Asbestos School

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             PUBLJ                    _                     100 STAT. 2991
                            T f          •

Hazard Abatement  Act of 1984 as in effect on  the date of the  20 USC 4014.
enactment of this Act.
  (e) AUTHORITY To BORROW.—
      (1) IN GENERAL.—There are authorized to be appropriated to  Appropriation
    the Asbestos Trust Fund, as repayable advances, $25,000,000 for  authorization.
    each of fiscal years 1987, 1988,1989, and 1990.
      (2) REPAYMENT OF ADVANCES.—
          (A) IN  GENERAL.—Advances made  under this subsection
        shall be repaid, and interest on such advances shall be paid,
        to the general fund of the Treasury when the Secretary
        determines that moneys are available for  such purposes in
        the Asbestos Trust Fund.
          (B) RATE OF INTEREST.—Interest on advances made under
        this subsection shall  be at a rate determined by the Sec-
        retary (as of the close of the calendar month preceding the
        month in which the  advance is made)  to be equal to the
        current average market yield on  outstanding marketable
        obligations of the United States with remaining periods to
        maturity  comparable to the  anticipated period  during
        which  the  advance  will  be outstanding  and  shall  be
        compounded annually.
  (f) EFFECTIVE DATE.—The amendments made by  this section shall
take effect on January 1, 1986.

  Approved October  22, 1986.
LEGISLATIVE HISTORY—H.R. 5073 (S. 2083):

HOUSE REPORTS: No. 99-763 (Comm. on Energy and Commerce).
SENATE REPORTS: No. 99-427 accompanying S. 2083 (Comm. on Environment and
                Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986):
     Aug. 12, considered and passed House.
     Sept. 10, considered and passed Senate, amended.
     Oct. 1, House concurred in Senate amendment with an amendment.
     Oct. 3, Senate concurred in House amendment.

                              o

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