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20 U.S.C. § 4014 — Asbestos hazard abatement program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Abatement program** There is hereby established a program within the Environmental Protection Agency to be known as the Asbestos Hazards Abatement Program (hereinafter in this subchapter referred to as “Program”).
**(b) Duties** The duties of the Administrator in implementing and effectuating the Program shall include—
(1) the compilation of medical, scientific, and technical information including, but not limited to—
(A) the health and safety hazards associated with asbestos materials;
(B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; and
(C) the means of abating the threat posed by asbestos and asbestos containing materials;
(2) the distribution of the information described in paragraph (1) (in any appropriate form such as pamphlets, reports, or instructions) to State and local educational agencies and to other institutions, including parent and employee organizations, for the purpose of carrying out activities described in this subchapter;
(3) not later than November 15 of each year for which this subchapter is authorized, the development and distribution of applications, or notifications to all local educational agencies of the availability of application forms including information for obtaining such forms; and
(4) the review of applications for financial assistance, and the approval or disapproval of such applications, in accordance with the provisions of [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4014
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Stable record: federal_law:legal_authorities:record_usc_8df1bd4ae3a9388c1389a8f9
Source file: Laws/federal/codes/united-states-code/title-20/section-4014-asbestos-hazard-abatement-program--923b2b6ff5.md
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Source location: Title 20, Chapter 52, § 4014; chapter-052-education-for-economic-security.md
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**(a) Abatement program** There is hereby established a program within the Environmental Protection Agency to be known as the Asbestos Hazards Abatement Program (hereinafter in this subchapter referred to as “Program”).
**(b) Duties** The duties of the Administrator in implementing and effectuating the Program shall include—
(1) the compilation of medical, scientific, and technical information including, but not limited to—
(A) the health and safety hazards associated with asbestos materials;
(B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; and
(C) the means of abating the threat posed by asbestos and asbestos containing materials;
(2) the distribution of the information described in paragraph (1) (in any appropriate form such as pamphlets, reports, or instructions) to State and local educational agencies and to other institutions, including parent and employee organizations, for the purpose of carrying out activities described in this subchapter;
(3) not later than November 15 of each year for which this subchapter is authorized, the development and distribution of applications, or notifications to all local educational agencies of the availability of application forms including information for obtaining such forms; and
(4) the review of applications for financial assistance, and the approval or disapproval of such applications, in accordance with the provisions of [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
(3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.
**(b) Policy** It is the policy of the United States that—
(1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.
**(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2601
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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) Prohibition on certain activities** Until the local educational agency with authority over a school has submitted a management plan (for the school) which the State Governor has not disapproved as of the end of the period for review and revision of the plan under [section 2645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2645&num=0&edition=prelim), the local educational agency may not do either of the following in the school:
(1) Perform, or direct an employee to perform, renovations or removal of building materials, except emergency repairs, in the school, unless—
(A) the school is carrying out work under a grant awarded under [section 4014 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim); or
(B) an inspection that complies with the requirements of regulations promulgated under [section 2643 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2643&num=0&edition=prelim) has been carried out in the school and the agency complies with the following sections of title 40 of the Code of Federal Regulations:
(i) Paragraphs (g), (h), and (i) of section 763.90 (response actions).
(ii) Appendix D to subpart E of part 763 (transport and disposal of asbestos waste).
(2) Perform, or direct an employee to perform, operations and maintenance activities in the school, unless the agency complies with the following sections of title 40 of the Code of Federal Regulations:
(A) Section 763.91 (operations and maintenance), including appendix B to subpart E of part 763.
(B) Paragraph (a)(2) of section 763.92 (training and periodic surveillance).
**(b) Employee training and equipment** Any school employee who is
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2655
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Records** The Governor of each State shall maintain records on—
(1) the presence of asbestos materials in school buildings of local educational agencies;
(2) the asbestos detection and abatement activities and other response actions conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); and
(3) repairs made to restore school buildings to conditions comparable to those which existed before the abatement activities referred to in paragraph (2) were undertaken.
**(b) Priority list**
(1) Each year, in accordance with procedures established by the Administrator, the Governor of each State shall:
(A) submit to the Administrator a priority list of all schools under the authority of a local educational agency within the State, without regard to the public or private nature of the school involved, that are candidates for abatement activities and other response actions; and
(B) forward to the Administrator for each candidate for abatement activities and other response actions all applications for financial assistance prepared by the local educational agencies in accordance with the provisions of [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim); and 11 So in original. Probably should end with a period instead of “; and”.
(2) The priority list shall rank the potential candidates for abatement action based on the nature and magnitude of the existing and potential exposure presented by the asbestos materials.
(3) For each school listed, the Governor shall certify that the statement of need contained in the application for assistance accurately reflect
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4015
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Administrator shall promulgate rules and regulations as necessary to implement the authorities and requirements of this subchapter.
**(b) Procedures** The Administrator also shall establish procedures to be used by local educational agencies, in programs for which financial assistance is made available under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim), for—
(1) abating asbestos materials in school buildings;
(2) replacing the asbestos materials removed from school buildings with other appropriate building materials; and
(3) restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken.
**(c) Relationship to other laws** Nothing contained in this subchapter shall be construed, interpreted, or applied to diminish in any way the level of protection required under any other State or Federal worker protection or other applicable laws.
**(d) Other authority** In order to effectuate the purposes of this subchapter, the Administrator may also adopt such other procedures, standards, and regulations as the Administrator deems necessary, including—
(1) procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests;
(2) standards for evaluating (on the basis of such tests) the likelihood of the leakage of asbestos fibers into the school environment; and
(3) periodic reporting with respect to the activities that have taken place using funds loaned or granted under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4017
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Federal law — U.S. Code and appendices · legal_authorities
During each calendar year until 1999, the Administrator shall prepare and submit, not later than June 1 of each year, to the Committee on Environment and Public Works of the Senate and to the Committee on Energy and Commerce of the House of Representatives a report on the loan and grant program authorized by [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim).
(1) describe the number of applications received;
(2) describe the number of loans and grants made in the preceding calendar year and specify each applicant for and recipient of a loan or grant;
(3) specify the number of loan or grant applications which were disapproved during the preceding calendar year and describe the reasons for such disapprovals;
(4) describe the types of programs for which loans or grants were made;
(5) specify the estimated total costs of such programs to the recipients of loans or grants and specify the amount of loans or grants made under the program authorized by this section; and
(6) estimate the number of schools still in need of assistance and the amount of resources needed by such schools, categorized by State, to abate all remaining asbestos hazards.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4018
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Loan condition**
(1) As a condition of the award of any financial assistance under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim), the recipient of any such loan or grant shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such section.
(2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from a judgment recovered by the recipient in such suit) shall be used to repay to the United States, by deposit in the Asbestos Trust Fund established by [section 4022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4022&num=0&edition=prelim), to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of—
(A) the amount (i) outstanding on any loan and (ii) of any grant made to the recipient; and
(B) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Administrator).
**(b) Expeditious recovery** The Attorney General shall, where appropriate, proceed in an expeditious manner to recover the amounts expended by the United States to carry out this subchapter from the persons identified by the Attorney General as being liable for such costs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4019
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Asbestos Trust Fund”, consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section.
**(b) Transfers to Trust Fund**
(1) **Transfer** — There are hereby transferred to the Asbestos Trust Fund amounts equivalent to—
(A) amounts received in the Treasury on or after January 1, 1987, as repayments of loans made under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4014&num=0&edition=prelim),
(B) amounts received as deposits from local educational agencies under [section 2647(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2647/a&num=0&edition=prelim), and
(C) amounts received as proceeds from any judgment recovered in any suit brought pursuant to [section 4017(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4017/a/1&num=0&edition=prelim).
(2) **Monthly transfers** — The amounts transferred by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Asbestos Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were more or less than the amounts required to be transferred.
**(c) Management of Trust Fund**
(1) **Investment**
(A) *In general* — The Secretary of the Treasury shall invest such portion of the Asbestos Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing oblig
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4051 to 4062
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Federal law — U.S. Code and appendices · legal_authorities
Page 1210
TITLE 20—EDUCATION
§ 4014
1 So in original. Probably should end with a period instead of
‘‘; and’’.
tivities relating to the replacement of the as-
bestos materials removed from school build-
ings with other appropriate building mate-
rials); and
(3) repairs made to restore school buildings
to conditions comparable to those which ex-
isted before the abatement activities referred
to in paragraph (2) were undertaken.
(b) Priority list
(1) Each year, in accordance with procedures
established by the Administrator, the Governor
of each State shall:
(A) submit to the Administrator a priority
list of all schools under the authority of a
local educational agency within the State,
without regard to the public or private nature
of the school involved, that are candidates for
abatement activities and other response ac-
tions; and
(B) forward to the Administrator for each
candidate for abatement activities and other
response actions all applications for financial
assistance prepared by the local educational
agencies in accordance with the provisions of
section 4014 of this title; and 1
(2) The priority list shall rank the potential
candidates for abatement action based on the
nature and magnitude of the existing and poten-
tial exposure presented by the asbestos mate-
rials.
(3) For each school listed, the Governor shall
certify that the statement of need contained in
the application for assistance accurately re-
flects the financial resources available to the
local educational agency for the asbestos abate-
ment program.
(4) For the purpose of determining the ade-
quacy of the financial resources available to a
local educational agency for the abatement of
asbestos threats the Governor shall, to the ex-
tent practicable, consider the follow
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 4014
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.