---
kind: "section"
citation: "15 U.S.C. § 2643"
title: "15"
title_heading: "Commerce and Trade"
number: "2643"
heading: "EPA regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2643"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter II — Asbestos Hazard Emergency Response"
---

# §2643. EPA regulations

- (a) **In general—** Within 360 days after October 22, 1986, the [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations as described in subsections [(b)](#b) through [(i)](#i). With respect to regulations described in subsections [(b)](#b), [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), [(g)](#g), and [(i)](#i), the [Administrator](/usc/15/2642.md?p=2) shall issue an advanced notice of proposed rulemaking within 60 days after October 22, 1986, and shall propose regulations within 180 days after October 22, 1986. Any regulation promulgated under this section must protect human health and the [environment](/usc/15/2602.md?p=6).
- (b) **Inspection—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations which prescribe procedures, including the use of personnel accredited under [section 2646(b)](/usc/15/2646.md?p=b) or (c) of this title and laboratories accredited under [section 2646(d) of this title](/usc/15/2646.md?p=d), for determining whether [asbestos-containing material](/usc/15/2642.md?p=4) is present in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7). The regulations shall provide for the exclusion of any [school building](/usc/15/2642.md?p=13), or portion of a [school building](/usc/15/2642.md?p=13), if (1) an inspection of such [school building](/usc/15/2642.md?p=13) (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 subchapter or of the “[Guidance](/usc/15/2602.md?p=7) for Controlling [Asbestos-Containing Materials](/usc/15/2642.md?p=4) in Buildings” (unless the [Administrator](/usc/15/2642.md?p=2) determines that an inspection in accordance with the [guidance](/usc/15/2602.md?p=7) document is inadequate). The regulations shall require inspection of any [school building](/usc/15/2642.md?p=13) (or portion of a [school building](/usc/15/2642.md?p=13)) that is not excluded by the preceding sentence.
- (c) **Circumstances requiring response actions—**
  - (1) The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations which define the appropriate [response action](/usc/15/2642.md?p=11) in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7) in at least the following circumstances:
    - (A) **Damage—** Circumstances in which [friable asbestos-containing material](/usc/15/2642.md?p=6) or its covering is damaged, deteriorated, or delaminated.
    - (B) **Significant damage—** Circumstances in which [friable asbestos-containing material](/usc/15/2642.md?p=6) or its covering is significantly damaged, deteriorated, or delaminated.
    - (C) **Potential damage—** Circumstances in which—
      - (i) [friable asbestos-containing material](/usc/15/2642.md?p=6) is in an area regularly used by building occupants, including maintenance 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](/usc/15/2642.md?p=6) is in an area regularly used by building occupants, including maintenance 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, deteriorated, or delaminated.
  - (2) In promulgating such regulations, the [Administrator](/usc/15/2642.md?p=2) shall consider and assess the value of various technologies intended to improve the decisionmaking [process](/usc/15/2602.md?p=13) regarding [response actions](/usc/15/2642.md?p=11) and the quality of any work that is deemed necessary, including air monitoring and chemical encapsulants.
- (d) **Response actions—**
  - (1) **In general—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations describing a [response action](/usc/15/2642.md?p=11) in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7), using the least burdensome methods which protect human health and the [environment](/usc/15/2602.md?p=6). In determining the least burdensome methods, the [Administrator](/usc/15/2642.md?p=2) shall take into account local circumstances, including occupancy and use patterns within the [school building](/usc/15/2642.md?p=13) and short- and long-term costs.
  - (2) **Response action for damaged asbestos—** In the case of a [response action](/usc/15/2642.md?p=11) for the circumstances described in [subsection (c)(1)(A)](#c-1-A), methods for responding shall include methods identified in chapters [3](/usc/15/chch3.md) and [5](/usc/15/chch5.md) of the “[Guidance for Controlling Asbestos-Containing Material in Buildings](/usc/15/2642.md?p=5)”.
  - (3) **Response action for significantly damaged asbestos—** In the case of a [response action](/usc/15/2642.md?p=11) for the circumstances described in [subsection (c)(1)(B)](#c-1-B), methods for responding shall include methods identified in [chapter 5](/usc/15/chch5.md) of the “[Guidance for Controlling Asbestos-Containing Material in Buildings](/usc/15/2642.md?p=5)”.
  - (4) **Response action for potentially damaged asbestos—** In the case of a [response action](/usc/15/2642.md?p=11) for the circumstances described in [subsection (c)(1)(C)](#c-1-C), methods for responding shall include methods identified in chapters [3](/usc/15/chch3.md) and [5](/usc/15/chch5.md) of the “[Guidance for Controlling Asbestos-Containing Material in Buildings](/usc/15/2642.md?p=5)”, unless preventive measures will eliminate the reasonable likelihood that the [asbestos-containing material](/usc/15/2642.md?p=4) will become damaged, deteriorated, or delaminated.
  - (5) **Response action for potentially significantly damaged asbestos—** In the case of a [response action](/usc/15/2642.md?p=11) for the circumstances described in [subsection (c)(1)(D)](#c-1-D), methods for responding shall include methods identified in [chapter 5](/usc/15/chch5.md) of the “[Guidance for Controlling Asbestos-Containing Material in Buildings](/usc/15/2642.md?p=5)”, unless preventive measures will eliminate the reasonable likelihood that the [asbestos-containing material](/usc/15/2642.md?p=4) 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 material](/usc/15/2642.md?p=4) becoming damaged, deteriorated, or delaminated, or significantly damaged[^1] deteriorated, or delaminated (as the case may be) or which protect human health and the [environment](/usc/15/2602.md?p=6).
  - (7) **EPA information or advisory—** The [Administrator](/usc/15/2642.md?p=2) shall, not later than 30 days after November 28, 1990, publish and distribute to all local education agencies and [State](/usc/15/2642.md?p=14) Governors information or an advisory to—
    - (A) facilitate public understanding of the comparative risks associated with in-place management of [asbestos](/usc/15/2642.md?p=3)-containing building materials and removals;
    - (B) promote the least burdensome [response actions](/usc/15/2642.md?p=11) necessary to protect human health, safety, and the [environment](/usc/15/2602.md?p=6); and
    - (C) describe the circumstances in which [asbestos](/usc/15/2642.md?p=3) removal is necessary to protect human health.

    Such information or advisory shall be based on the best available scientific evidence and shall be revised, republished, and redistributed as appropriate, to reflect new scientific findings.

- (e) **Implementation—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations requiring the implementation of [response actions](/usc/15/2642.md?p=11) in [school buildings](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7) and, where appropriate, for the determination of when a [response action](/usc/15/2642.md?p=11) is completed. Such regulations shall include standards for the education and protection of both workers and building occupants for the following phases of activity:
  - (1) Inspection.
  - (2) [Response Action](/usc/15/2642.md?p=11).[^2]
  - (3) Post-[response action](/usc/15/2642.md?p=11), including any periodic reinspection of [asbestos-containing material](/usc/15/2642.md?p=4) and long-term surveillance activity.
- (f) **Operations and maintenance—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations to require implementation of an operations and maintenance and repair program as described in [chapter 3](/usc/15/chch3.md) of the “[Guidance](/usc/15/2602.md?p=7) for Controlling [Asbestos-Containing Materials](/usc/15/2642.md?p=4) in Buildings” for all [friable asbestos-containing material](/usc/15/2642.md?p=6) in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7).
- (g) **Periodic surveillance—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations to require the following:
  - (1) An identification of the location of friable and non-friable [asbestos](/usc/15/2642.md?p=3) in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7).
  - (2) Provisions for surveillance and periodic reinspection of such friable and non-friable [asbestos](/usc/15/2642.md?p=3).
  - (3) Provisions for education of [school](/usc/15/2642.md?p=12) employees, including [school](/usc/15/2642.md?p=12) service and maintenance personnel, about the location of and safety procedures with respect to such friable and non-friable [asbestos](/usc/15/2642.md?p=3).
- (h) **Transportation and disposal—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations which prescribe standards for transportation and disposal of [asbestos](/usc/15/2642.md?p=3)-containing waste material to protect human health and the [environment](/usc/15/2602.md?p=6). Such regulations shall include such provisions related to the manner in which transportation vehicles are loaded and unloaded as will assure the physical integrity of containers of [asbestos](/usc/15/2642.md?p=3)-containing waste material.
- (i) **Management plans—**
  - (1) **In general—** The [Administrator](/usc/15/2642.md?p=2) shall promulgate regulations which require each [local educational agency](/usc/15/2642.md?p=7) to develop an [asbestos](/usc/15/2642.md?p=3) management plan for [school buildings](/usc/15/2642.md?p=13) under its authority, to begin implementation of such plan within 990 days after October 22, 1986, and to complete implementation of such plan in a timely fashion. The regulations shall require that each plan include the following elements, wherever relevant to the [school building](/usc/15/2642.md?p=13):
    - (A) An inspection statement describing inspection and [response action](/usc/15/2642.md?p=11) activities carried out before October 22, 1986.
    - (B) A description of the results of the inspection conducted pursuant to regulations under [subsection (b)](#b), including a description of the specific areas inspected.
    - (C) A detailed description of measures to be taken to respond to any [friable asbestos-containing material](/usc/15/2642.md?p=6) pursuant to the regulations promulgated under subsections [(c)](#c), [(d)](#d), and [(e)](#e), including the location or locations at which a [response action](/usc/15/2642.md?p=11) will be taken, the method or methods of [response action](/usc/15/2642.md?p=11) to be used, and a schedule for beginning and completing [response actions](/usc/15/2642.md?p=11).
    - (D) A detailed description of any [asbestos-containing material](/usc/15/2642.md?p=4) which remains in the [school building](/usc/15/2642.md?p=13) once [response actions](/usc/15/2642.md?p=11) are undertaken pursuant to the regulations promulgated under subsections [(c)](#c), [(d)](#d), and [(e)](#e).
    - (E) A plan for periodic reinspection and long-term surveillance activities developed pursuant to regulations promulgated under [subsection (g)](#g), and a plan for operations and maintenance activities developed pursuant to regulations promulgated under [subsection (f)](#f).
    - (F) With respect to the [person](/usc/15/7a.md?p=6) or [persons](/usc/15/7a.md?p=6) who inspected for [asbestos-containing material](/usc/15/2642.md?p=4) and who will design or carry out [response actions](/usc/15/2642.md?p=11) with respect to the [friable asbestos-containing material](/usc/15/2642.md?p=6), one of the following statements:
      - (i) If the [State](/usc/15/2642.md?p=14) has adopted a contractor accreditation plan under [section 2646(b) of this title](/usc/15/2646.md?p=b), a statement that the [person](/usc/15/7a.md?p=6) (or [persons](/usc/15/7a.md?p=6)) is accredited under such plan.
      - (ii) A statement that the [local educational agency](/usc/15/2642.md?p=7) used (or will use) [persons](/usc/15/7a.md?p=6) who have been accredited by another [State](/usc/15/2642.md?p=14) which has adopted a contractor accreditation plan under [section 2646(b) of this title](/usc/15/2646.md?p=b) or is accredited pursuant to an [Administrator](/usc/15/2642.md?p=2)-approved course under [section 2646(c) of this title](/usc/15/2646.md?p=c).
    - (G) A list of the laboratories that analyzed any bulk samples of [asbestos-containing material](/usc/15/2642.md?p=4) found in the [school building](/usc/15/2642.md?p=13) or air samples taken to detect [asbestos](/usc/15/2642.md?p=3) in the [school building](/usc/15/2642.md?p=13) and a statement that each laboratory has been accredited pursuant to the accreditation program under [section 2646(d) of this title](/usc/15/2646.md?p=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](/usc/15/2642.md?p=14) has adopted a contractor accreditation plan under [section 2646(b) of this title](/usc/15/2646.md?p=b), a statement that the consultant is accredited under such plan.
      - (ii) A statement that the contractor is accredited by another [State](/usc/15/2642.md?p=14) which has adopted a contractor accreditation plan under [section 2646(b) of this title](/usc/15/2646.md?p=b) or is accredited pursuant to an [Administrator](/usc/15/2642.md?p=2)-approved course under [section 2646(c) of this title](/usc/15/2646.md?p=c).
    - (I) An evaluation of resources needed to successfully complete [response actions](/usc/15/2642.md?p=11) and carry out reinspection, surveillance, and operation and maintenance activities.
  - (2) **Statement by contractor—** A [local educational agency](/usc/15/2642.md?p=7) may require each management plan to contain a statement signed by an [accredited asbestos contractor](/usc/15/2642.md?p=1) 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 management plan, also implements (or will implement) the management plan.
  - (3) **Warning labels—**
    - (A) The regulations shall require that each [local educational agency](/usc/15/2642.md?p=7) which has inspected for and discovered any [asbestos-containing material](/usc/15/2642.md?p=4) with respect to a [school building](/usc/15/2642.md?p=13) shall attach a warning label to any [asbestos-containing material](/usc/15/2642.md?p=4) still in routine maintenance areas (such as boiler rooms) of the [school building](/usc/15/2642.md?p=13), including—
      - (i) [friable asbestos-containing material](/usc/15/2642.md?p=6) which was responded to by a means other than removal, and
      - (ii) [asbestos-containing material](/usc/15/2642.md?p=4) for which no [response action](/usc/15/2642.md?p=11) was carried out.
    - (B) The warning label shall read, in print which is readily visible because of large size or bright color, as follows: “CAUTION: [ASBESTOS](/usc/15/2642.md?p=3). HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.”
  - (4) **Plan may be submitted in stages—** A [local educational agency](/usc/15/2642.md?p=7) may submit a management plan in stages, with each submission of the agency covering only a portion of the [school buildings](/usc/15/2642.md?p=13) under the agency’s authority, if the agency determines that such action would expedite the identification and abatement of hazardous [asbestos-containing material](/usc/15/2642.md?p=4) in the [school buildings](/usc/15/2642.md?p=13) 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](/usc/15/2642.md?p=7) for inspection by the public, including teachers, other [school](/usc/15/2642.md?p=12) personnel, and parents. The [local educational agency](/usc/15/2642.md?p=7) shall notify parent, teacher, and employee organizations of the availability of such plan.
  - (6) **Submission to State Governor—** Each plan developed under this subsection shall be submitted to the [State](/usc/15/2642.md?p=14) Governor under [section 2645 of this title](/usc/15/2645.md).
- (j) **Changes in regulations—** Changes may be made in the regulations promulgated under this section only by rule in accordance with [section 553 of title 5](/usc/5/553.md). Any such change must protect human health and the [environment](/usc/15/2602.md?p=6).
- (k) **Changes in guidance document—** Any change made in the “[Guidance for Controlling Asbestos-Containing Material in Buildings](/usc/15/2642.md?p=5)” shall be made only by rule in accordance with [section 553 of title 5](/usc/5/553.md), 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](/usc/15/2602.md?p=6).
- (l) **Treatment of Department of Defense schools—**
  - (1) **Secretary to act in lieu of Governor—** In the [administration](/usc/15/636e.md?p=1) of this subchapter, any function, duty, or other responsibility imposed on a Governor of a [State](/usc/15/2642.md?p=14) shall be carried out by the Secretary of Defense with respect to any [school](/usc/15/2642.md?p=12) operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 ([20 U.S.C. 921](/usc/20/921.md) et seq.).
  - (2) **Regulations—** The Secretary of Defense, in cooperation with the [Administrator](/usc/15/2642.md?p=2), shall, to the extent feasible and consistent with the national security, take such action as may be necessary to provide for the identification, inspection, and management (including abatement) of [asbestos](/usc/15/2642.md?p=3) in any building used by the Department of Defense as an overseas [school](/usc/15/2642.md?p=12) for dependents of members of the Armed Forces. Such identification, 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](/usc/15/2642.md?p=7) is required to carry out such activities with respect to a [school building](/usc/15/2642.md?p=13) under this subchapter.
- (m) **Waiver—** The [Administrator](/usc/15/2642.md?p=2), upon request by a Governor and after notice and comment and opportunity for a public hearing in the affected [State](/usc/15/2642.md?p=14), may waive some or all of the requirements of this section and [section 2644 of this title](/usc/15/2644.md) with respect to such [State](/usc/15/2642.md?p=14) if it has established and is implementing a program of [asbestos](/usc/15/2642.md?p=3) inspection and management that contains requirements that are at least as stringent as the requirements of this section and [section 2644 of this title](/usc/15/2644.md).

## Footnotes

[^1]: So in original. Probably should be followed by a comma.
[^2]: So in original. Probably should not be capitalized.

## Source credit

(Pub. L. 94–469, title II, § 203, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2972; amended Pub. L. 101–637, § 13, Nov. 28, 1990, 104 Stat. 4593.)

## Notes

### Editorial Notes

### References in Text

The Defense Dependents’ Education Act of 1978, referred to in subsec. (l)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables.

### Amendments

1990—Subsec. (d)(7). Pub. L. 101–637 added par. (7).