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15 U.S.C. § 2650 — Asbestos contractors and local educational agencies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Study**
(1) **General requirement** — The Administrator shall conduct a study on the availability of liability insurance and other forms of assurance against financial loss which are available to local educational agencies and asbestos contractors with respect to actions required under this subchapter. Such study shall examine the following:
(A) The extent to which liability insurance and other forms of assurance against financial loss are available to local educational agencies and asbestos contractors.
(B) The extent to which the cost of insurance or other forms of assurance against financial loss has increased and the extent to which coverage has become less complete.
(C) The extent to which any limitation in the availability of insurance or other forms of assurance against financial loss is the result of factors other than standards of liability in applicable law.
(D) The extent to which the existence of the regulations required by subsections (c) and (d) of [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) and the accreditation of contractors under [section 2646 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2646&num=0&edition=prelim) has affected the availability or cost of insurance or other forms of assurance against financial loss.
(E) The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhibiting inspections for asbestos-containing material or the development or implementation of management plans under this subchapter.
(F) Identification of any other impediments to the timely completion of inspections or the development and implementation of m
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Source file: Laws/federal/codes/united-states-code/title-15/section-2650-asbestos-contractors-and-local-educational-agencies--f22fcb09d8.md
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Source location: Title 15, Chapter 53, § 2650; chapter-053-toxic-substances-control.md
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**(a) Study**
(1) **General requirement** — The Administrator shall conduct a study on the availability of liability insurance and other forms of assurance against financial loss which are available to local educational agencies and asbestos contractors with respect to actions required under this subchapter. Such study shall examine the following:
(A) The extent to which liability insurance and other forms of assurance against financial loss are available to local educational agencies and asbestos contractors.
(B) The extent to which the cost of insurance or other forms of assurance against financial loss has increased and the extent to which coverage has become less complete.
(C) The extent to which any limitation in the availability of insurance or other forms of assurance against financial loss is the result of factors other than standards of liability in applicable law.
(D) The extent to which the existence of the regulations required by subsections (c) and (d) of [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) and the accreditation of contractors under [section 2646 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2646&num=0&edition=prelim) has affected the availability or cost of insurance or other forms of assurance against financial loss.
(E) The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhibiting inspections for asbestos-containing material or the development or implementation of management plans under this subchapter.
(F) Identification of any other impediments to the timely completion of inspections or the development and implementation of management plans under this subchapter.
(2) **Interim report** — Not later than April 1, 1988, the Administrator shall submit to the Congress an interim report on the progress of the study required by this subsection, along with preliminary findings based on information collected to that date.
(3) **Final report** — Not later than October 1, 1990, the Administrator shall submit to the Congress a final report on the study required by this subsection, including final findings based on the information collected.
**(b) State action** On the basis of the interim report or the final report of the study required by subsection (a), a State may enact or amend State law to establish or modify a standard of liability for local educational agencies or asbestos contractors with respect to actions required under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contractor accreditation** A person may not—
(1) inspect for asbestos-containing material in a school building under the authority of a local educational agency or in a public or commercial building,
(2) prepare a management plan for such a school, or
(3) design or conduct response actions, other than the type of action described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such a school or in a public or commercial building,
unless such person is accredited by a State under subsection (b) or is accredited pursuant to an Administrator-approved course under subsection (c).
**(b) Accreditation by State**
(1) **Model plan**
(A) *Persons to be accredited* — Within 180 days after October 22, 1986, the Administrator, in consultation with affected organizations, shall develop a model contractor accreditation plan for States to give accreditation to persons in the following categories:
(i) Persons who inspect for asbestos-containing material in school buildings under the authority of a local educational agency or in public or commercial buildings.
(ii) Persons who prepare management plans for such schools.
(iii) Persons who design or carry out response actions, other than the type of action described in sections 2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material in such schools or in public or commercial buildings.
(B) *Plan requirements* — The plan shall include a requirement that any person in a category listed in paragraph (1) 11 So in original. Probably should be “subparagraph (A)”. achieve a passing grade on an examination and participate in continuing education to stay informed about current asbestos inspection and response action technology. The
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2646
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Within 360 days after October 22, 1986, the Administrator shall promulgate regulations as described in subsections (b) through (i). With respect to regulations described in subsections (b), (c), (d), (e), (f), (g), and (i), the Administrator 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.
**(b) Inspection** The Administrator shall promulgate regulations which prescribe procedures, including the use of personnel accredited under section 2646(b) or (c) of this title and laboratories accredited under [section 2646(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2646/d&num=0&edition=prelim), for determining whether asbestos-containing material is present in a school building under the authority of a local educational agency. The regulations shall provide for the exclusion of any school building, or portion of a school building, if (1) an inspection of such school building (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 for Controlling Asbestos-Containing Materials in Buildings” (unless the Administrator determines that an inspection in accordance with the guidance document is inadequate). The regulations shall require inspection of any school building (or portion of a school building) that is not excluded by the preceding sentence.
**(c) Circumstances requiring response actions**
(1) The Administrator shall promulgate regulations which define the approp
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2643
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Federal law — U.S. Code and appendices · legal_authorities
Page 1920
TITLE 15—COMMERCE AND TRADE
§ 2648
provisions for extension, see section 15(c) of Pub. L.
101–637, set out as a note under section 2646 of this title.
EPA ADMINISTRATOR NOT EXERCISING ‘‘STATUTORY AU-
THORITY’’ UNDER OSHA LAW IN EXERCISING AUTHOR-
ITY UNDER THIS CHAPTER
In exercising any authority under this chapter in
connection with amendment made by Pub. L. 101–637,
Administrator of Environmental Protection Agency
not, for purposes of section 653(b)(1) of Title 29, Labor,
to be considered to be exercising statutory authority to
prescribe or enforce standards or regulations affecting
occupational safety and health, see section 15(b) of Pub.
L. 101–637, set out as a note under section 2646 of this
title.
§ 2648. Emergency authority
(a) Emergency action
(1) Authority
Whenever—
(A) the presence of airborne asbestos or
the condition of friable asbestos-containing
material in a school building governed by a
local educational agency poses an imminent
and substantial endangerment to human
health or the environment, and
(B) the local educational agency is not
taking sufficient action (as determined by
the Administrator or the Governor) to re-
spond to the airborne asbestos or friable as-
bestos-containing material,
the Administrator or the Governor of a State
is authorized to act to protect human health
or the environment.
(2) Limitations on Governor action
The Governor of a State shall notify the Ad-
ministrator within a reasonable period of time
before the Governor plans to take an emer-
gency action under this subsection. After such
notification, if the Administrator 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 acti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2650
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