15 U.S.C. § 2646 — Contractor and laboratory accreditation

Page 1916 TITLE 15—COMMERCE AND TRADE § 2646 1 So in original. Probably should be ‘‘subparagraph (A)’’. (i) A notice describing the opportunity to file a request for deferral under this sub- section. (ii) A list of the State offices (including of- ficials (if available) in each State as des- ignated under subsection (b)) with which de- ferral requests should be filed. (B) As soon as practicable, but in no event later than 30 days, after July 18, 1988, the Ad- ministrator shall mail a notice describing the opportunity to file a request for deferral under this subsection to each local educational agen- cy and to each State office in the list pub- lished under subparagraph (A). (e) Status reports (1) Not later than December 31, 1988, the Gov- ernor of each State shall submit to the Adminis- trator a written statement on the status of man- agement plan submissions and deferral requests by local educational agencies in the State. The statement shall be made available to local edu- cational agencies in the State and shall contain the following: (A) A list containing each local educational agency that submitted a management plan by October 12, 1988. (B) A list containing each local educational agency whose deferral request was approved. (C) A list containing each local educational agency that failed to submit a management plan by October 12, 1988, and whose deferral re- quest was disapproved. (D) A list containing each local educational agency that failed to submit a management plan by October 12, 1988, and did not submit a deferral request. (2) Not later than December 31, 1989, the Gov- ernor of each State shall submit to the Adminis- trator an updated version of the written state- ment submitted under paragraph (1). The state- ment shall be made available to local edu- cational agencies in the State and shall contain the following: (A) A list containing each local educational agency whose management plan was sub- mitted and not disapproved as of October 9, 1989. (B) A list containing each local educational agency whose management plan was sub- mitted and disapproved, and which remains disapproved, as of October 9, 1989. (C) A list containing each local educational agency that submitted a management plan after May 9, 1989, and before October 10, 1989. (D) A list containing each local educational agency that failed to submit a management plan as of October 9, 1989. (Pub. L. 94–469, title II, § 205, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2979; amended Pub. L. 100–368, §§ 1(a), 2, July 18, 1988, 102 Stat. 829, 831.) Editorial Notes AMENDMENTS 1988—Subsec. (d). Pub. L. 100–368, § 1(a), added subsec. (d). Subsec. (e). Pub. L. 100–368, § 2, added subsec. (e). § 2646. Contractor and laboratory accreditation (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 com- mercial 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 sub- section (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 con- tractor accreditation plan for States to give accreditation to persons in the following categories: (i) Persons who inspect for asbestos-con- taining material in school buildings under the authority of a local educational agen- cy or in public or commercial buildings. (ii) Persons who prepare management plans for such schools. (iii) Persons who design or carry out re- sponse actions, other than the type of ac- tion 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 build- ings. (B) Plan requirements The plan shall include a requirement that any person in a category listed in paragraph (1) 1 achieve a passing grade on an examina- tion and participate in continuing education to stay informed about current asbestos in- spection and response action technology. The examination shall demonstrate the knowledge of the person in areas that the Administrator prescribes as necessary and appropriate in each of the categories. Such examinations may include requirements for knowledge in the following areas: (i) Recognition of asbestos-containing material and its physical characteristics. (ii) Health hazards of asbestos and the relationship between asbestos exposure and disease. (iii) Assessing the risk of asbestos expo- sure through a knowledge of percentage weight of asbestos-containing material, friability, age, deterioration, location and accessibility of materials, and advantages and disadvantages of dry and wet response action methods. (iv) Respirators and their use, care, se- lection, degree of protection afforded, fit- Page 1917 TITLE 15—COMMERCE AND TRADE § 2646 ting, testing, and maintenance and clean- ing procedures. (v) Appropriate work practices and con- trol methods, including the use of high ef- ficiency particle absolute vacuums, the use of amended water, and principles of negative air pressure equipment use and procedures. (vi) Preparing a work area for response action work, including isolating work areas to prevent bystander or public expo- sure to asbestos, decontamination proce- dures, and procedures for dismantling work areas after completion of work. (vii) Establishing emergency procedures to respond to sudden releases. (viii) Air monitoring requirements and procedures. (ix) Medical surveillance program re- quirements. (x) Proper asbestos waste transportation and disposal procedures. (xi) Housekeeping and personal hygiene practices, including the necessity of show- ers, and procedures to prevent asbestos ex- posure to an employee’s family. (2) State adoption of plan Each State shall adopt a contractor accredi- tation plan at least as stringent as the model plan developed by the Administrator under paragraph (1), within 180 days after the com- mencement of the first regular session of the legislature of such State which is convened following the date on which the Administrator completes development of the model plan. In the case of a school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.), the Secretary of Defense shall adopt a contractor accreditation plan at least as stringent as that model. (c) Accreditation by Administrator-approved course (1) Course approval Within 180 days after October 22, 1986, the Administrator shall ensure that any Environ- mental Protection Agency-approved asbestos training course is consistent with the model plan (including testing requirements) devel- oped under subsection (b). A contractor may be accredited by taking and passing such a course. (2) Treatment of persons with previous EPA as- bestos training A person who— (A) completed an Environmental Protec- tion Agency-approved asbestos training course before October 22, 1986, and (B) passed (or passes) an asbestos test ei- ther before or after October 22, 1986, may be accredited under paragraph (1) if the Administrator determines that the course and test are equivalent to the requirements of the model plan developed under subsection (b). If the Administrator so determines, the person shall be considered accredited for the purposes of this subchapter until a date that is one year after the date on which the State in which such person is employed establishes an accred- itation program pursuant to subsection (b). (3) Lists of courses The Administrator, in consultation with af- fected organizations, shall publish (and revise as necessary)— (A) a list of asbestos courses and tests in effect before October 22, 1986, which qualify for equivalency treatment under paragraph (2), and (B) a list of asbestos courses and tests which the Administrator determines under paragraph (1) are consistent with the model plan and which will qualify a contractor for accreditation under such paragraph. (d) Laboratory accreditation (1) The Administrator shall provide for the de- velopment of an accreditation program for lab- oratories by the National Institute of Standards and Technology in accordance with paragraph (2). The Administrator shall transfer such funds as are necessary to the National Institute of Standards and Technology to carry out such program. (2) The National Institute of Standards and Technology, upon request by the Administrator, shall, in consultation with affected organiza- tions— (A) within 360 days after October 22, 1986, de- velop an accreditation program for labora- tories which conduct qualitative and semi- quantitative analyses of bulk samples of as- bestos-containing material, and (B) within 720 days after October 22, 1986, de- velop an accreditation program for labora- tories which conduct analyses of air samples of asbestos from school buildings under the authority of a local educational agency. (3) A laboratory which plans to carry out any such analysis shall comply with the require- ments of the accreditation program. (e) Financial assistance contingent on use of ac- credited persons (1) A school which is an applicant for financial assistance under section 505 of the Asbestos School Hazard Abatement Act of 1984 [20 U.S.C. 4014] is not eligible for such assistance unless the school, in carrying out the requirements of this subchapter— (A) uses a person (or persons)— (i) who is accredited by a State which has adopted an accreditation plan based on the model plan developed under subsection (b), or (ii) who is accredited pursuant to an Ad- ministrator-approved course under sub- section (c), and (B) uses a laboratory (or laboratories) which is accredited under the program developed under subsection (d). (2) This subsection shall apply to any financial assistance provided under the Asbestos School Hazard Abatement Act of 1984 [20 U.S.C. 4011 et seq.] for activities performed after the following dates: (A) In the case of activities performed by persons, after the date which is one year after October 22, 1986. Page 1918 TITLE 15—COMMERCE AND TRADE § 2647 1 So in original. The period probably should be a comma. (B) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accredi- tation program is completed under subsection (d). (f) List of EPA-approved courses Not later than August 31, 1988, and every three months thereafter until August 31, 1991, the Ad- ministrator shall publish in the Federal Reg- ister a list of all Environmental Protection Agency-approved asbestos training courses for persons to achieve accreditation in each cat- egory described in subsection (b)(1)(A) and for laboratories to achieve accreditation. The Ad- ministrator may continue publishing such a list after August 31, 1991, at such times as the Ad- ministrator considers it useful. The list shall in- clude the name and address of each approved trainer and, to the extent available, a list of all the geographic sites where training courses will take place. The Administrator shall provide a copy of the list to each State official on the list published by the Administrator under section 2645(d)(6) of this title and to each regional office of the Environmental Protection Agency. (Pub. L. 94–469, title II, § 206, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2980; amended Pub. L. 100–368, § 3, July 18, 1988, 102 Stat. 832; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101–637, § 15(a)(1), (2), Nov. 28, 1990, 104 Stat. 4596.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in subsec. (b)(2), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables. The Asbestos School Hazard Abatement Act of 1984, referred to in subsec. (e)(2), is title V of Pub. L. 98–377, Aug. 11, 1984, 98 Stat. 1287, which is classified generally to subchapter V (§ 4011 et seq.) of chapter 52 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 4011 of Title 20 and Tables. AMENDMENTS 1990—Subsec. (a)(1), (3). Pub. L. 101–637, § 15(a)(1), in- serted before comma at end ‘‘or in a public or commer- cial building’’. Subsec. (b)(1)(A)(i), (iii). Pub. L. 101–637, § 15(a)(2), in- serted before period at end ‘‘or in public or commercial buildings’’. 1988—Subsec. (d)(1), (2). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’ wherever appearing. Subsec. (f). Pub. L. 100–368 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–637, § 15(c), Nov. 28, 1990, 104 Stat. 4597, provided that: ‘‘This section [amending this section and section 2647 of this title and enacting provisions set out as notes under this section] shall take effect upon the expiration of the 12-month period following the date of the enactment of this Act [Nov. 28, 1990]. The Adminis- trator may extend the effective date for a period not to exceed one year if the Administrator determines that accredited asbestos contractors are needed to perform school-site abatement required under the Asbestos Haz- ard Emergency Response Act [of 1986] (15 U.S.C. 2641) and such an extension is necessary to ensure effective implementation of section 203 of the Toxic Substances Control Act [15 U.S.C. 2643].’’ REVISION OF MODEL CONTRACTOR ACCREDITATION PROGRAM Pub. L. 101–637, § 15(a)(3), Nov. 28, 1990, 104 Stat. 4596, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Nov. 28, 1990], the Admin- istrator of the Environmental Protection Agency shall revise the model contractor accreditation plan promul- gated under section 206(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2646(b)(1)) to increase the min- imum number of hours of training, including additional hours of hands-on health and safety training, required for asbestos abatement workers and to make such other changes as may be necessary to implement the amendments made by paragraphs (1) and (2) [amending this section].’’ EPA ADMINISTRATOR NOT EXERCISING ‘‘STATUTORY AU- THORITY’’ UNDER OSHA LAW IN EXERCISING AUTHOR- ITY UNDER THIS CHAPTER Pub. L. 101–637, § 15(b), Nov. 28, 1990, 104 Stat. 4596, provided that: ‘‘In exercising any authority under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.] in connection with the amendment made by subsection (a) of this section [amending this section and section 2647 of this title], the Administrator of the Environmental Protection Agency shall not, for purposes of section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), be considered to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.’’ § 2647. Enforcement (a) Penalties Any local educational agency— (1) which fails to conduct an inspection pur- suant to regulations under section 2643(b) of this title or under section 2644(b) of this title, (2) which knowingly submits false informa- tion to the Governor regarding any inspection pursuant to regulations under section 2643(i) of this title or knowingly includes false informa- tion in any inspection statement under sec- tion 2644(d)(3) of this title, (3) which fails to develop a management plan pursuant to regulations under section 2643(i) of this title or under section 2644(d) of this title, (4) which carries out any activity prohibited by section 2655 of this title, or (5) which knowingly submits false informa- tion to the Governor regarding a deferral re- quest under section 2645(d) of this title.1 is liable for a civil penalty of not more than $5,000 for each day during which the violation continues. Any civil penalty under this sub- section shall be assessed and collected in the same manner, and subject to the same provi- sions, as in the case of civil penalties assessed and collected under section 2615 of this title. For purposes of this subsection, a ‘‘violation’’ means a failure to comply with respect to a single school building. The court shall order that any civil penalty collected under this subsection be used by the local educational agency for pur- poses of complying with this subchapter. Any