15 U.S.C. § 2648 — Emergency authority

(a) Emergency action.—

(1) Authority.—The Administrator^* or a State^* Governor may act to protect human health or the environment^* when both of these conditions exist:

(A) Airborne asbestos^*, or the condition of friable asbestos-containing material^*, in a school building^* governed by a local educational agency^* creates an imminent and substantial danger to human health or the environment; and

(B) the local educational agency is not taking enough action to respond, as determined by the Administrator or Governor.

(2) Limits on a Governor’s action.—A State Governor must notify the Administrator within a reasonable time before planning to take emergency action under this subsection. After that notice, if the Administrator takes emergency action concerning the same hazard, the Governor may not carry out the action or continue it if it has already begun.

(3) Notice.—Before emergency action is taken:

(A) If a Governor takes the action, the Governor must notify the local educational agency concerned.

(B) If the Administrator takes the action, the Administrator must notify both the local educational agency concerned and the Governor of the State where the agency is located.

(4) Recovery of costs.—The Administrator or a State Governor may seek reimbursement for all costs of emergency action under this subsection in the United States District Court for the District of Columbia or in the district where the action occurred. If the action seeks reimbursement from a local educational agency, it must be brought in the United States District Court for the district where that agency is located.

(b) Injunctive relief.—When there is evidence that airborne asbestos or friable asbestos-containing material^* in a school^* building governed by a local educational agency creates an imminent and substantial danger to human health or the environment:

(1) the Administrator may ask the Attorney General to bring a lawsuit; or

(2) a State Governor may bring a lawsuit.

The lawsuit may seek whatever relief is necessary to respond to the danger. The United States district court for the district where the response will occur has authority to grant that relief, including an injunction.