---
kind: "section"
citation: "15 U.S.C. § 2648"
title: "15"
title_heading: "Commerce and Trade"
number: "2648"
heading: "Emergency authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2648"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter II — Asbestos Hazard Emergency Response"
---

# §2648. Emergency authority

- (a) **Emergency action—**
  - (1) **Authority—** Whenever—
    - (A) the presence of airborne [asbestos](/usc/15/2642.md?p=3) or the condition of [friable asbestos-containing material](/usc/15/2642.md?p=6) in a [school building](/usc/15/2642.md?p=13) governed by a [local educational agency](/usc/15/2642.md?p=7) poses an imminent and substantial endangerment to human health or the [environment](/usc/15/2602.md?p=6), and
    - (B) the [local educational agency](/usc/15/2642.md?p=7) is not taking sufficient action (as determined by the [Administrator](/usc/15/2642.md?p=2) or the Governor) to respond to the airborne [asbestos](/usc/15/2642.md?p=3) or [friable asbestos-containing material](/usc/15/2642.md?p=6),

    the [Administrator](/usc/15/2642.md?p=2) or the Governor of a [State](/usc/15/2642.md?p=14) is authorized to act to protect human health or the [environment](/usc/15/2602.md?p=6).

  - (2) **Limitations on Governor action—** The Governor of a [State](/usc/15/2642.md?p=14) shall notify the [Administrator](/usc/15/2642.md?p=2) within a reasonable period of time before the Governor plans to take an emergency action under this subsection. After such notification, if the [Administrator](/usc/15/2642.md?p=2) takes an emergency action with respect to the same hazard, the Governor may not carry out (or continue to carry out, if the action has been started) the emergency action.
  - (3) **Notification—** The following notification shall be provided before an emergency action is taken under this subsection:
    - (A) In the case of a Governor taking the action, the Governor shall notify the [local educational agency](/usc/15/2642.md?p=7) concerned.
    - (B) In the case of the [Administrator](/usc/15/2642.md?p=2) taking the action, the [Administrator](/usc/15/2642.md?p=2) shall notify both the [local educational agency](/usc/15/2642.md?p=7) concerned and the Governor of the [State](/usc/15/2642.md?p=14) in which such agency is located.
  - (4) **Cost recovery—** The [Administrator](/usc/15/2642.md?p=2) or the Governor of a [State](/usc/15/2642.md?p=14) may seek reimbursement for all costs of an emergency action taken under this subsection in the [United States](/usc/15/2602.md?p=17) District Court for the District of Columbia or for the district in which the emergency action occurred. In any action seeking reimbursement from a [local educational agency](/usc/15/2642.md?p=7), the action shall be brought in the [United States](/usc/15/2602.md?p=17) District Court for the district in which the [local educational agency](/usc/15/2642.md?p=7) is located.
- (b) **Injunctive relief—** Upon receipt of evidence that the presence of airborne [asbestos](/usc/15/2642.md?p=3) or the condition of [friable asbestos-containing material](/usc/15/2642.md?p=6) in a [school building](/usc/15/2642.md?p=13) governed by a [local educational agency](/usc/15/2642.md?p=7) poses an imminent and substantial endangerment to human health or the [environment](/usc/15/2602.md?p=6)—
  - (1) the [Administrator](/usc/15/2642.md?p=2) may request the Attorney General to bring suit, or
  - (2) the Governor of a [State](/usc/15/2642.md?p=14) may bring suit,

  to secure such relief as may be necessary to respond to the hazard. The district court of the [United States](/usc/15/2602.md?p=17) in the district in which the response will be carried out shall have jurisdiction to grant such relief, including injunctive relief.


## Source credit

(Pub. L. 94–469, title II, § 208, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2985.)