PUBLIC LAW
100-368—JULY
18, 1988 102 STAT. 829
Public Law 100-368
'
100th Congress
An Act
To
amend the provisions of the Toxic Substances Control Act relating to asbestos in
the
Nation's schools by providing adequate time for local educational agencies to July 18, 1988
submit
asbestos management plans to State Governors and to
b^^
implementa- [H.R. 8893]
tion
of
those
plans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION
1. DEFERRAL OF DEADLINE FOR SUBMISSION OF ASBESTOS
MANAGEMENT
PLANS.
(a) REQUEST FOR DEFERRAL OF
SUBBHSSION
OF MANAGEMENT
PLAN.—Section
205 of the Toxic Substances Control Act (15 U.S.C.
2645) is amended by adding at the end the following new subsection:
"(d) DEFERRAL OF SUBMISSION.—
"(1)
REQUEST
FOR
DEFERRAL.—^A
local educational agency may
request a deferral, to May
9,1989,
of the deadline under subsec-
tion (a). Upon approval of such a request, the deadline under
subsection (a) is deferred until May 9, 1989, for the local edu-
cational agency which submitted the request. Such a request
may cover one or more schools under the authority of the
s^ency
and shall include a list of all the schools covered by the
request. A local educational agency shall file any such request
with the State Governor by October 12, 1988, and shall include
^
with the request either of the following statements:
"(A) A
statement—
"(i)
that the State in which the agency is located has
requested from the Administrator, before June
1,1988,
a waiver under section 203(m); and
"(ii)
that gives assurance that the local educational
agency has carried out the notification and, in the case
of a public school, public meeting required by para-
graph (2).
"(B) A statement, the accuracy of which is sworn to by a
responsible official of the agency (by notarization or other
'
means of certification), that includes the following with
respect to each school for which a deferral is sought in
the request:
'(i)
A statement that, in spite of the fact that the
local educational agency has made a good faith effort to
meet the deadline for submission of a management
plan under subsection (a), the agency will not be able to
meet the deadline. The statement shall include a brief
explanation of the reasons why the deadline cannot be
met.
"(ii) A statement giving assurance that the local Public
educational agency has made available for inspection information.
by the public, at each school for which a deferral is
sought in the request, at least one of the following
documents:
102 STAT.
830
PUBLIC
LAW
100-368—JULY
18, 1988
Contracts.
Contracts.
"(I)
A
solicitation
by the
local educational agency
to contract with
an
accredited asbestos contractor
for inspection
or
management plan development.
"(II)
A
letter attesting
to the
enrollment
of
school district personnel
in an
Environmental
Protection Agency-accredited training course
for
inspection
and
management plan development.
"(Ill)
Documentation showing that
an
analysis
of
suspected asbestos-containing material from
the
school
is
pending
at
an
accredited laboratory.
"(IV) Documentation showing that
an
inspection
or management plan
has
been completed
in at
least
one
other school under
the
local educational
agency's authority.
"(iii)
A
statement giving assurance that
the
local
educational agency
has
carried
out the
notification
and,
in the
case
of a
public school, public meeting
required
by
paragraph (2).
"(iv)
A
proposed schedule outlining
all
significant
activities leading
up to
submission
of a
management
plan
by May 9,
1989, including inspection
of the
school
(if
not
completed
at the
time
of
the
request) with
a
deadline
of
no
later than December
22,
1988,
for
enter-
ing into
a
signed contract with
an
accredited asbestos
contractor
for
inspection (unless such inspections
are
to
be performed
by
school personnel), laboratory analysis
of material from
the
school suspected
of
containing
asbestos,
and
development
of the
management plan.
"(2)
NOTIFICATION AND
PUBUC
MEETING.—Before
filing a defer-
ral request under paragraph
(1), a
local educational agency
shall notify affected parent, teacher,
and
employee organiza-
tions
of its
intent
to
file such
a
request.
In
the
case
of
a
deferral
request
for a
public school,
the
local educational agency shall
discuss
the
request
at a
public meeting
of the
school board with
jurisdiction over
the
school,
and
affected parent, teacher,
and
employee organizations shall
be
notified
in
advance
of
the
time
and place of such meeting.
"(3) RESPONSE BY GOVERNOR.—(A)
Not
later than
30
days after
the date
on
which
a
Governor receives
a
deferral request under
paragraph
(1)
from
a
local educational agency,
the
Grovernor
shall respond
to the
local educational agency
in
writing
by
acknowledging whether
the
request
is
complete
or
incomplete.
If
the
request
is
incomplete,
the
Governor shall identify
in the
response
the
items that
are
missing from
the
request.
"(B)
A
local educational agency
may
correct
any
deficiencies
in
an
incomplete deferral request
and
refile
the
request with
the
(jovemor.
In any
case
in
which
the
local educational
£igency
decides
to
refile
the
request,
the
agency shall refile
the
request,
and
the
Governor shall respond
to
such refiled request
in the
manner described
in
subparagraph
(A),
no
later than
15
days
after
the
local educational agency
has
received
a
response from
the Governor under subparagraph (A).
"(C) Approval
of a
deferral request under this subsection
occurs only upon
the
receipt
by
a
local educational agency
of a
written acknowledgment from
the
Governor that
the
agency's
deferral request
is
complete.
PUBLIC LAW
100-368—JULY
18, 1988 102 STAT. 831
"(4)
SUBMISSION
AND
REVIEW
OF
PLAN.—A
local educational
agency whose deferral request is approved shall submit a
management plan to the Governor not later than May 9, 1989.
Such management plan shall include a copy of the deferral
request and the statement accompanying such request. Such
management plan shall be reviewed in accordance with subsec-
tion (c), except that the Governor may extend the 30-day period
for revision of the plan under
sul»ection
(cX2) for only an
additional 30 days (for a total of
60
days).
"(5)
IMPLEMENTATION
OF
PLAN.—The
approval of a deferral
request from a local educational agency shall not be considered
to be a waiver or exemption from the requirement under section
203(i) for the local educational agency to
b^in
implementation
of its management plan by July
9,1989.
"(6) EPA
NOTICE.—(A)
Not later than 15 days after the date of Federal
the enactment of this subsection, the Administrator shall
pub-
^^sister,
lish
in the Federal Register the following: publication.
"(i)
A notice describing the opportunity to file a request
for deferral under this subsection.
"(ii)
A list of the State offices (including officials (if
available) in each State as designated
imder
subsection (b))
with which deferral requests should be filed.
"(B) As soon as practicable, but in no event later than 30 days,
after the date of the enactment of this subsection, the Adminis-
trator shall mail a notice describing the
opportimity
to file a
request for deferral under this subsection to each local edu-
cational agency and to each State office in the list published
under subparagraph (A).".
SEC. 2.
NOTIFICATION
TO EPA OF
STATUS
OF
STATE
MANAGEMENT
PLAN
SUBMISSIONS.
Section 205 of the Toxic Substances Control Act (15 U.S.C. 2645),
as amended by section (1), is further amended by adding at the end
the following new subsection:
"(e)
STATUS
REPORTS.—(1)
Not later than December
31,1988,
the
Governor of each State shall submit to the Administrator a written
statement on the status of management plan submissions and defer-
ral requests by local
education^
agencies in the State. The state-
ment shall be made available to local educational agencies in the
State and shall contain the following:
"(A) A list containing each local educational agency that
submitted a management plan by October
12,1988.
"(B) A list containing each local educational agency whose
deferral request was approved.
"(C) A list containing each local educational agency that
failed to submit a management plan by October 12, 1988, and
whose deferral request was disapproved.
"(D) A list containing each local educational agency that
failed to submit a management plan by October 12, 1988, and
did not submit a deferral request.
"(2) Not later than December
31,1989,
the Governor of each State
shall submit to the Administrator an updated version of the written
statement submitted under paragraph (1). The statement shall be
made available to local educational agencies in the State and shall
contain the following:
102 STAT. 832
PUBLIC LAW
100-368—JULY
18, 1988
Federal
Register,
publication.
15 use
2655.
Waste
disposal.
"(A) A list containing each local educational agency whose
management plan was submitted and not disapproved as of
October
9,1989.
"(B) A list containing each local educational agency whose
management plan was submitted and disapproved, and which
remains disapproved, as of October
9,1989.
"(C) A list containing each local educational agency that
submitted a management plan after May 9, 1989, and before
October
10,1989.
"(D) A list containing each local educational agency that
failed to submit a management plan as of October 9, 1989.".
SEC.
3.
PUBLICATION OF EPA-APPROVED ACCREDITATION
COURSES.
Section 206 of the Toxic Substances Control Act (15 U.S.C. 2646) is
amended by adding at the end the following new subsection:
"(f)
LIST
OF
EPA-APPROVED
COURSES.—Not
later than August 31,
1988,
and every three months thereafter until August 31, 1991, the
Adndnistrator
shall publish in the Federal
Roister
a list of all
Environmental Protection Agency-approved asbestos training
courses for persons to achieve accreditation in each
cat^ory
de-
scribed in subsection
(bXlXA)
and for laboratories to achieve accredi-
tation. The Administrator may continue publishing such a list after
August 31, 1991, at such times as the Administrator considers it
useful. The list shall include the name and address of each approved
trainer and, to the extent available, a list of all the geographic sites
where training courses will take place. The Administrator shall
provide a copy of the list to each State official on the list published
by the Administrator under section 205(dX6) and to each regional
office of the Environmental Protection Agency.".
SEC.
4.
WORKER
PROTECTION.
(a)
WORKER
PROTECTION
REQUIRED.—The
Toxic Substances Control
Act (15 U.S.C. 2601 et seq.) is further amended by adding at the end
the following new section:
"SEC.
215.
WORKER
PROTECTION.
"(a)
PROHiBrnoN
ON
(DERTAIN
AcnvmES.—Until
the local edu-
cational agency with authority over a school has submitted a
management plan (for the school) which the State Governor has not
disapproved as of the end of the period for review and revision of the
plan under section 205, the local educational agency may not do
either of the following in the school:
"(1) Perform, or direct an employee to perform, renovations or
removal of building materials, except emergency repairs, in the
school,
unless—
"(A) the school is carrying out work under a grant
awarded under section 505 of the Asbestos School Hazard
Abatement Act of
1984;
or
"(B) an inspection that complies with the requirements of
r^ulations
promulgated under section 203 has been carried
out in the school and the agency complies with the follow-
ing sections of title 40 of the Code of Federal Regulations:
"(i) Paragraphs (g), (h), and (i) of section 763.90 (re-
sponse actions).
"(ii) Appendix D to subpart E of part 763 (transport
and disposal of asbestos waste).
PUBLIC LAW
100-368—JULY
18, 1988 102 STAT.
833
"(2) Perform, or direct an employee to perform, operations
and maintenance activities in the school, unless the agency
complies with the following sections of title 40 of the Code of
Federal
R^ulations:
"(A) Section 763.91 (operations and maintenance), includ-
ing appendix B to subpart E of part 763.
"(B) Paragraph (aX2) of section 763.92 (training and peri-
odic surveillance).
"(b)
EMPLOYEE TRAINING AND
EQUIPMENT.—Any
school employee
who is directed to conduct emergency repairs involving any building
material containing asbestos or suspected of containing asbestos, or
to conduct operations and maintenance activities, in a
school—
"(1) shall be provided the proper training to safely conduct
such work in order to prevent potential exposure to asbestos;
and
"(2) shall be provided the proper equipment and allowed to
foUow
work practices that are necessary to safely conduct such
work in order to prevent potential exposure to asbestos.
"(c)
DEFINITION
OP
EMERGENCY
REPAIR.—For
purposes of this
section, the term 'emergency repair' means a repair in a school
building that was not planned and was in response to a sudden,
unexpected event that threatens
either—
"(1) the health or safety of building occupants; or
"(2) the structural
int^rity
of the building.".
(b)
CLERICAL
AMENDMENT.—^The
table of contents in section 1 of
such Act is amended by adding after the item relating to section 214
the following new item:
"Sec.
215. Worker protection.".
(c)
EFFBCTIVE
DATE.—Section
215 of the Toxic Substances Control
15 USC
2655
Act, as added by subsection (a), shall take effect on October
12,1988.
^o^-
SEC 5. ENFORCEMENT.
Section 207(a) of the Toxic Substances Control Act is amended—
15
use
2647.
(1) by striking out "or" at the end of paragraph (2); and
(2) by
addii^
after paragraph (3) the following new
paragraphs:
"(4) which carries out any activity prohibited by section 215,
or
"(5) which knowingly submits false information to the Gov-
ernor
r^arding
a deferral request under section 205(d).".
SEC
6. TECHNICAL CORRECTIONS
TO
AHERA.
(a)
PLACEMENT OF
SENTENCE.—Section
512 of the Asbestos School
Hazard Abatement Act of 1984 (20 U.S.C. 4021) is amended by
moving the last sentence of such section (as added by section 4(a) of
the Asbestos Hazard Emergency Response Act of 1986) to the end of
paragraph (1) of subsection (a).
(b)
CROSS
REFERENCES.—Paragraph
(4) of section 505(g) of such Act
(20 U.S.C. 4014) (as added by section 3(a) of the Asbestos Hazard
Ehnergency
Response Act of 1986) is
amended—
102 STAT. 834 PUBLIC LAW
100-368—JULY
18, 1988
(1) in subparagraph (BXi), by striking out "this title" and
inserting in lieu thereof "such Act"; and
(2)
in subparagraph
(BXii),
by striking out "subsection
(d)"
and
inserting in lieu thereof "section 206(d) of the Toxic Substances
Control Act".
Approved July 18, 1988.
LEGISLATIVE
HISTORY—H.R.
3893 (S. 2024):
HOUSE REPORTS: No. 100-734
(Comm.
on Energy and Commerce).
SENATE REPORTS: No. 100-405 accompanying
8.
2024 (Comm. on Environment and
Public Works).
CONGRESSIONAL RECORD, Vol. 134 (1988):
June 27, considered and passed House.
June 29, considered and passed Senate.
