1. SECTION 207(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2647(A), ENACTED AS A SECTION OF SUBCHAPTER II OF TSCA, KNOWN AS THE ASBESTOS HAZARD E- MERGENCY RESPONSE ACT ( AHERA ), 15 U.S.C. SECTION 2641 ET SEQ. 2. HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FACILITIES: 1. BARTON JUNIOR HIGH SCHOOL 4950 JACK C HAYS TRAIL BUDA, HAYS COUNTY, TEXAS 78610 2. KYLE ELEMENTARY SCHOOL SLEDGE AND BLANCO STREETS KYLE, HAYS COUNTY, TEXAS 78640 3. RESPONDENT WAS IN VIOLATION OF SECTION 15 AND 15(1)(D) OF TSCA BY 1) FAILING TO INSPECT BARTON JR. HIGH FOR THE I- DENTIFICATION OF FRIABLE AND NONFRIABLE ASBESTOS CONTAIN- ING MATERIALS PRIOR TO ITS USE AS A SCHOOL, 2) FAILING TO DEVELOP A MANAGEMNT PLAN FOR BARTON JR. HIGH, AND 3) FAILING TO MAINTAIN THE REQUIRED RECORDS IN THE MANAGE- MENT PLAN , AND TO IDENTIFY ALL SUSPECTED ACBM IN THE KYLE ELEMENTARY SCHOOL, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 207(A) OF TSCA, AND TAKING INTO CONSIDERATION RESPONDENT'S ABILITY TO PAY THE PENALTY, THE ABILITYTO CONTINUE TO PROVIDE EDUCATIONAL SERVICES TO THE COMMUNITY, AND THE CULPABILITY OF RESPON- DENT, EPA PROPOSES A CIVIL PENALT