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15 U.S.C. § 2641 — Congressional findings and purpose
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school buildings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with respect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary. As a result of the lack of regulatory guidance from the Environmental Protection Agency, some schools have not undertaken response action while many others have undertaken expensive projects without knowing if their action is necessary, adequate, or safe. Thus, the danger of exposure to asbestos continues to exist in schools, and some exposure actually may have increased due to the lack of Federal standards and improper response action.
(2) There is no uniform program for accrediting persons involved in asbestos identification and abatement, nor are local educational agencies required to use accredited contractors for asbestos work.
(3) The guidance provided by the Environmental Protection Agency in its “Guidance for Controlling Asbestos-Containing Material in Buildings” is insufficient in detail to ensure adequate responses. Such guidance is intended to be used only until the regulations required by this subchapter become effective.
(4) Because there are no Federal standards whatsoever regulating daily exposure to asbestos in other public and commercial buildings, persons in addition to those comprising the Nation’s school population may be exposed daily to asbestos.
**(b) Purpose** Th
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Source location: Title 15, Chapter 53, § 2641; chapter-053-toxic-substances-control.md
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**(a) Findings** The Congress finds the following:
(1) The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school buildings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with respect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary. As a result of the lack of regulatory guidance from the Environmental Protection Agency, some schools have not undertaken response action while many others have undertaken expensive projects without knowing if their action is necessary, adequate, or safe. Thus, the danger of exposure to asbestos continues to exist in schools, and some exposure actually may have increased due to the lack of Federal standards and improper response action.
(2) There is no uniform program for accrediting persons involved in asbestos identification and abatement, nor are local educational agencies required to use accredited contractors for asbestos work.
(3) The guidance provided by the Environmental Protection Agency in its “Guidance for Controlling Asbestos-Containing Material in Buildings” is insufficient in detail to ensure adequate responses. Such guidance is intended to be used only until the regulations required by this subchapter become effective.
(4) Because there are no Federal standards whatsoever regulating daily exposure to asbestos in other public and commercial buildings, persons in addition to those comprising the Nation’s school population may be exposed daily to asbestos.
**(b) Purpose** The purpose of this subchapter is—
(1) to provide for the establishment of Federal regulations which require inspection for asbestos-containing material and implementation of appropriate response actions with respect to asbestos-containing material in the Nation’s schools in a safe and complete manner;
(2) to mandate safe and complete periodic reinspection of school buildings following response actions, where appropriate; and
(3) to require the Administrator to conduct a study to find out the extent of the danger to human health posed by asbestos in public and commercial buildings and the means to respond to any such danger.
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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) Assistance Program** There is hereby established within the Environmental Protection Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in this chapter referred to as the “Assistance Program”), which shall be administered in accordance with this section.
**(b) Application submission**
(1) Applications for financial assistance shall be submitted by a local educational agency to the Governor, or the Governor’s designee, who shall establish a priority list based on the criteria of [section 4013(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/2&num=0&edition=prelim).
(2) Pursuant to [section 4013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013&num=0&edition=prelim), the Governor shall submit applications, together with the Governor’s report and priority list, to the Administrator who shall review and rank such applications pursuant to subsection (c)(2) and propose financing pursuant to the criteria of [section 4013(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/4&num=0&edition=prelim). The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.
**(c) Review of application**
(1) The Administrator shall provide financial assistance on a school-by-school basis to local educational agencies in accordance with other provisions of this section to carry out projects for—
(A) abating the threat posed by materials containing asbestos to the health and safety of children or employees;
(B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and
(C) restoring school buildings t
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4016
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount; availability until expended**
(1) There are hereby authorized to be appropriated for the asbestos abatement program not more than $200,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995. In addition, for such purposes and for each of such fiscal years there are authorized to be appropriated out of 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) such sums as are contained in such trust fund in each of such fiscal years.
(2) The sums appropriated under this subchapter shall remain available until expended.
**(b) Minimum State amount; fiscal year obligation requirement; reserved funds for administration and asbestos abatement oriented program expenditures; appropriations out of Asbestos Trust Fund**
(1) A State with qualified applicants shall receive no less than one-half of 1 per centum of the sums appropriated under this subchapter or the total of the amounts requested by such applicants, whichever is less. Those amounts available in each fiscal year under this paragraph shall be obligated before the end of that fiscal year. For the purposes of this paragraph the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Bureau of Indian Affairs and, taken together, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(2) Of those sums appropriated for the implementation of this subchapter, not more than 5 percent may be reserved during each fiscal year for the administration of this subchapter and for programs including (but not limited to) the following:
(A) The establishment of training centers
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4031 to 4037
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Federal law — U.S. Code and appendices · legal_authorities
Page 1908
TITLE 15—COMMERCE AND TRADE
§ 2629
§ 2629. Annual report
The Administrator shall prepare and submit to
the President and the Congress on or before Jan-
uary 1, 1978, and on or before January 1 of each
succeeding year a comprehensive report on the
administration of this chapter during the pre-
ceding fiscal year. Such reports shall include—
(1) a list of the testing required under sec-
tion 2603 of this title during the year for which
the report is made and an estimate of the
costs incurred during such year by the persons
required to perform such tests;
(2) the number of notices received during
such year under section 2604 of this title, the
number of such notices received during such
year under such section for chemical sub-
stances subject to a section 2603 rule, order, or
consent agreement, and a summary of any ac-
tion taken during such year under section
2604(g) of this title;
(3) a list of rules issued during such year
under section 2605 of this title;
(4) a list, with a brief statement of the
issues, of completed or pending judicial ac-
tions under this chapter and administrative
actions under section 2615 of this title during
such year;
(5) a summary of major problems encoun-
tered in the administration of this chapter;
and
(6) such recommendations for additional leg-
islation as the Administrator deems necessary
to carry out the purposes of this chapter.
(Pub. L. 94–469, title I, § 30, Oct. 11, 1976, 90 Stat.
2050; renumbered title I, Pub. L. 99–519, § 3(c)(1),
Oct. 22, 1986, 100 Stat. 2989; amended Pub. L.
114–182, title I, § 19(s), June 22, 2016, 130 Stat. 510.)
Editorial Notes
AMENDMENTS
2016—Par. (2). Pub. L. 114–182 substituted ‘‘rule, order,
or consent agreement’’ for ‘‘rule’’.
Statutory Notes and Related Subsidiarie
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