[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).