15 U.S.C. § 2654 — Transitional rules

Page 1921 TITLE 15—COMMERCE AND TRADE § 2654 which are available to local educational agen- cies 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 finan- cial loss are available to local educational agencies and asbestos contractors. (B) The extent to which the cost of insur- ance or other forms of assurance against fi- nancial 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 re- sult of factors other than standards of liabil- ity 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 and the accreditation of contractors under section 2646 of this title has affected the availability or cost of insurance or other forms of assur- ance against financial loss. (E) The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhib- iting inspections for asbestos-containing material or the development or implementa- tion of management plans under this sub- chapter. (F) Identification of any other impedi- ments to the timely completion of inspec- tions or the development and implementa- tion of management plans under this sub- chapter. (2) Interim report Not later than April 1, 1988, the Adminis- trator shall submit to the Congress an interim report on the progress of the study required by this subsection, along with preliminary find- ings based on information collected to that date. (3) Final report Not later than October 1, 1990, the Adminis- trator shall submit to the Congress a final re- port on the study required by this subsection, including final findings based on the informa- tion 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 estab- lish or modify a standard of liability for local educational agencies or asbestos contractors with respect to actions required under this sub- chapter. (Pub. L. 94–469, title II, § 210, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.) § 2651. Public protection (a) Public protection No State or local educational agency may dis- criminate against a person in any way, includ- ing firing a person who is an employee, because the person provided information relating to a potential violation of this subchapter to any other person, including a State or the Federal Government. (b) Labor Department review Any public or private employee or representa- tive of employees who believes he or she has been fired or otherwise discriminated against in violation of subsection (a) may within 90 days after the alleged violation occurs apply to the Secretary of Labor for a review of the firing or alleged discrimination. The review shall be con- ducted in accordance with section 660(c) of title 29. (Pub. L. 94–469, title II, § 211, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.) § 2652. Asbestos Ombudsman (a) Appointment The Administrator shall appoint an Asbestos Ombudsman, who shall carry out the duties de- scribed in subsection (b). (b) Duties The duties of the Asbestos Ombudsman are— (1) to receive complaints, grievances, and re- quests for information submitted by any per- son with respect to any aspect of this sub- chapter, (2) to render assistance with respect to the complaints, grievances, and requests received, and (3) to make such recommendations to the Administrator as the Ombudsman considers appropriate. (Pub. L. 94–469, title II, § 212, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.) § 2653. EPA study of asbestos-containing material in public buildings Within 360 days after October 22, 1986, the Ad- ministrator shall conduct and submit to the Congress the results of a study which shall— (1) assess the extent to which asbestos-con- taining materials are present in public and commercial buildings; (2) assess the condition of asbestos-con- taining material in commercial buildings and the likelihood that persons occupying such buildings, including service and maintenance personnel, are, or may be, exposed to asbestos fibers; (3) consider and report on whether public and commercial buildings should be subject to the same inspection and response action re- quirements that apply to school buildings; (4) assess whether existing Federal regula- tions adequately protect the general public, particularly abatement personnel, from expo- sure to asbestos during renovation and demoli- tion of such buildings; and (5) include recommendations that explicitly address whether there is a need to establish standards for, and regulate asbestos exposure in, public and commercial buildings. (Pub. L. 94–469, title II, § 213, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.) § 2654. Transitional rules Any regulation of the Environmental Protec- tion Agency under subchapter I which is incon- sistent with this subchapter shall not be in ef- Page 1922 TITLE 15—COMMERCE AND TRADE § 2655 fect after October 22, 1986. Any advanced notice of proposed rulemaking, any proposed rule, and any regulation of the Environmental Protection Agency in effect before October 22, 1986, which is consistent with the regulations required under section 2643 of this title shall remain in effect and may be used to meet the requirements of section 2643 of this title, except that any such regulation shall be enforced under this chapter. (Pub. L. 94–469, title II, § 214, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2988.) § 2655. Worker protection (a) Prohibition on certain activities Until the local educational agency with au- thority over a school has submitted a manage- ment plan (for the school) which the State Gov- ernor has not disapproved as of the end of the period for review and revision of the plan under section 2645 of this title, the local educational agency may not do either of the following in the school: (1) Perform, or direct an employee to per- form, renovations or removal of building ma- terials, except emergency repairs, in the school, unless— (A) the school is carrying out work under a grant awarded under section 4014 of title 20; or (B) an inspection that complies with the requirements of regulations promulgated under section 2643 of this title has been car- ried out in the school and the agency com- plies 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 per- form, 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 mainte- nance), 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 directed to con- duct emergency repairs involving any building material containing asbestos or suspected of containing asbestos, or to conduct operations and maintenance activities, in a school— (1) shall be provided the proper training to safely conduct such work in order to prevent potential exposure to asbestos; and (2) shall be provided the proper equipment and allowed to follow work practices that are necessary to safely conduct such work in order to prevent potential exposure to asbestos. (c) ‘‘Emergency repair’’ defined For purposes of this section, the term ‘‘emer- gency repair’’ means a repair in a school build- ing that was not planned and was in response to a sudden, unexpected event that threatens ei- ther— (1) the health or safety of building occu- pants; or (2) the structural integrity of the building. (Pub. L. 94–469, title II, § 215, as added Pub. L. 100–368, § 4(a), July 18, 1988, 102 Stat. 832.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–368, § 4(c), July 18, 1988, 102 Stat. 833, pro- vided that: ‘‘Section 215 of the Toxic Substances Con- trol Act [this section], as added by subsection (a), shall take effect on October 12, 1988.’’ § 2656. Training grants (a) Grants The Administrator is authorized to award grants under this section to nonprofit organiza- tions that demonstrate experience in imple- menting and operating health and safety asbes- tos training and education programs for workers who are or will be engaged in asbestos-related activities (including State and local govern- ments, colleges and universities, joint labor- management trust funds, and nonprofit govern- ment employee organizations) to establish and, or, operate asbestos training programs on a not- for-profit basis. Applications for grants under this subsection shall be submitted in such form and manner, and contain such information, as the Administrator prescribes. (b) Authorization Of such sums as are authorized to be appro- priated pursuant to section 4021(a) of title 20 for the fiscal years 1991, 1992, 1993, 1994, and 1995, not more than $5,000,000 are authorized to be appro- priated to carry out this section in each such fiscal year. (Pub. L. 94–469, title II, § 216, as added Pub. L. 101–637, § 16(a)(1), Nov. 28, 1990, 104 Stat. 4597.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–637, § 16(b), Nov. 28, 1990, 104 Stat. 4598, provided that: ‘‘Section 216 of the Toxic Substances Control Act [this section], as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 28, 1990].’’ SUBCHAPTER III—INDOOR RADON ABATEMENT § 2661. National goal The national long-term goal of the United States with respect to radon levels in buildings is that the air within buildings in the United States should be as free of radon as the ambient air outside of buildings. (Pub. L. 94–469, title III, § 301, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2755.) Statutory Notes and Related Subsidiaries REPORT ON RECOMMENDED POLICY FOR DEALING WITH RADON IN ASSISTED HOUSING Pub. L. 100–628, title X, § 1091, Nov. 7, 1988, 102 Stat. 3283, provided that: ‘‘(a) PURPOSES.—The purposes of this section are— ‘‘(1) to require the Department of Housing and Urban Development to develop an effective depart-