[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.80]

[Page 734-735]
 
                   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.




Subparts A-D [Reserved]

           Subpart E_Asbestos-Containing Materials in Schools

Sec.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education agency responsibilities.
763.85 Inspection and reinspections.
763.86 Sampling.
763.87 Analysis.
763.88 Assessment.
763.90 Response actions.
763.91 Operations and maintenance.
763.92 Training and periodic surveillance.
763.93 Management plans.
763.94 Recordkeeping.
763.95 Warning labels.
763.97 Compliance and enforcement.
763.98 Waiver; delegation to State.
763.99 Exclusions.

Appendix A to Subpart E--Interim Transmission Electron Microscopy 
          Analytical Methods--Mandatory and Nonmandatory--and Mandatory 
          Section to Determine Completion of Response Actions
Appendix B to Subpart E [Reserved]
Appendix C to Subpart E--Asbestos Model Accreditation Plan
Appendix D to Subpart E--Transport and Disposal of Asbestos Waste
Appendix E to Subpart E--Interim Method of the Determination of Asbestos 
          In Bulk Insulation Samples

Subpart F [Reserved]

                  Subpart G_Asbestos Worker Protection

763.120 What is the purpose of this subpart?
763.121 Does this subpart apply to me?
763.122 What does this subpart require me to do?
763.123 May a State implement its own asbestos worker protection plan?

Subpart H [Reserved]

 Subpart I_Prohibition of the Manufacture, Importation, Processing, and 
   Distribution in Commerce of Certain Asbestos-Containing Products; 
                          Labeling Requirements

763.160 Scope.
763.163 Definitions.
763.165 Manufacture and importation prohibitions.
763.167 Processing prohibitions.
763.169 Distribution in commerce prohibitions.
763.171 Labeling requirements.
763.173 Exemptions.
763.175 Enforcement.
763.176 Inspections.
763.178 Recordkeeping.
763.179 Confidential business information claims.

    Authority: 15 U.S.C. 2605, 2607(c), 2643, and 2646.

Subparts A-D [Reserved]


    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. 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

[[Page 735]]

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).