[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.80]

[Page 708-709]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763--ASBESTOS--Table of Contents
 
           Subpart E--Asbestos-Containing Materials in Schools
 
Sec. 763.80  Scope and purpose.

    Source: 52 FR 41846, Oct. 30, 1987, unless otherwise noted.


    (a) This rule requires local education agencies to identify friable 
and nonfriable asbestos-containing material (ACM) in public and private 
elementary and secondary schools by visually inspecting school buildings 
for such materials, sampling such materials if they are not assumed to 
be ACM, and having samples analyzed by appropriate techniques referred 
to in this rule. The rule requires local education agencies to submit 
management plans to the Governor of their State by October 12, 1988, 
begin to implement the plans by July 9, 1989, and complete 
implementation of the plans in a timely fashion. In addition, local 
education agencies are required to use persons who have been accredited 
to conduct inspections, reinspections, develop management plans, or 
perform response actions. The rule also includes recordkeeping 
requirements. Local education agencies may contractually delegate their 
duties under this rule, but they remain responsible for the proper 
performance of those duties.

[[Page 709]]

Local education agencies are encouraged to consult with EPA Regional 
Asbestos Coordinators, or if applicable, a State's lead agency 
designated by the State Governor, for assistance in complying with this 
rule.
    (b) Local education agencies must provide for the transportation and 
disposal of asbestos in accordance with EPA's ``Asbestos Waste 
Management Guidance.'' For convenience, applicable sections of this 
guidance are reprinted as Appendix D of this subpart. There are 
regulations in place, however, that affect transportation and disposal 
of asbestos waste generated by this rule. The transportation of asbestos 
waste is covered by the Department of Transportation (49 CFR part 173, 
subpart J) and disposal is covered by the National Emissions Standards 
for Hazardous Air Pollutants (NESHAP) (40 CFR part 61, subpart M).