H.R.3893 - A bill to amend the provisions of the Toxic Substances Control Act relating to asbestos in the Nation's schools by providing adequate time for local educational agencies to submit asbestos management plans to State Governors and to begin implementation of those plans.100th Congress (1987-1988)
Summary: H.R.3893 — 100th Congress (1987-1988)
(Measure passed House, amended)
Passed House amended (06/27/1988)
Amends the Toxic Substances Control Act to permit local education agencies (LEAs) to request from their State Governor, by October 12, 1988, a deferral to May 9, 1989, of the October 12, 1988 deadline for the submission of school asbestos management plans to such Governor. Requires that such requests include either a statement that the State has requested, before June 1988, a waiver of the Act's school asbestos management requirement so as to operate its own asbestos inspection and management program or: (1) an explanation as to why the LEA, despite good faith efforts, will be unable to meet the original deadline; (2) a proposed schedule of activities leading to submission of the management plan; and (3) an assurance that the LEA has given the public notice of certain of its asbestos-related activities. Directs that a LEA, before filing a deferral request, notify affected parent, teacher, and educational organizations, and, in the case of a request pertaining to a public school, discuss the request at a public meeting of the school board. Maintains the current requirement that LEAs begin implementation of management plans by July 9, 1989.
Requires Governors to submit reports to the Environmental Protection Agency (EPA) by the close of 1988 and 1989 on the status of management plan submissions and deferral requests made by LEAs within their State. Requires that such reports be made available to LEAs within the State.
Directs the EPA to publish a list of EPA-approved asbestos training courses by August 31, 1988, and every three months thereafter until August 31, 1991.
Prohibits LEAs which do not have an approved asbestos management plan for a school from undertaking routine renovations or removal of building materials in such school unless: (1) the school is carrying out work under a grant awarded under the Asbestos School Hazard Abatement Act of 1984; or (2) a thorough inspection has been conducted to determine whether the material contains asbestos and certain regulations pertaining to the removal of asbestos are followed. Directs such LEAs to follow specified regulations governing operations, maintenance, training, and surveillance to protect school employees from asbestos exposure. Requires that school employees who are directed to conduct emergency repairs involving actual or suspected asbestos-containing materials, or to conduct operations and maintenance activities in a school, be provided with proper equipment and training and be allowed to follow safe work practices.
Establishes civil penalties against LEAs which perform asbestos activities prohibited by this Act or knowingly submit false information to their Governor regarding deferral requests.
Makes technical amendments to the Asbestos School Hazard Abatement Act of 1984.