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