15 U.S.C. § 2650 — Asbestos contractors and local edu-

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 action. (3) Notification The following notification shall be provided before an emergency action is taken under this subsection: (A) In the case of a Governor taking the action, the Governor shall notify the local educational agency concerned. (B) In the case of the Administrator taking the action, the Administrator shall notify both the local educational agency concerned and the Governor of the State in which such agency is located. (4) Cost recovery The Administrator or the Governor of a State may seek reimbursement for all costs of an emergency action taken under this sub- section in the United States District Court for the District of Columbia or for the district in which the emergency action occurred. In any action seeking reimbursement from a local educational agency, the action shall be brought in the United States District Court for the district in which the local educational agency is located. (b) Injunctive relief Upon receipt of evidence that the presence of airborne asbestos or the condition of friable as- bestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment— (1) the Administrator may request the At- torney General to bring suit, or (2) the Governor of a State may bring suit, to secure such relief as may be necessary to re- spond to the hazard. The district court of the United States in the district in which the re- sponse will be carried out shall have jurisdiction to grant such relief, including injunctive relief. (Pub. L. 94–469, title II, § 208, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2985.) § 2649. State and Federal law (a) No preemption Nothing in this subchapter shall be construed, interpreted, or applied to preempt, displace, or supplant any other State or Federal law, wheth- er statutory or common. (b) Cost and damage awards Nothing in this subchapter or any standard, regulation, or requirement promulgated pursu- ant to this subchapter shall be construed or in- terpreted to preclude any court from awarding costs and damages associated with the abate- ment, including the removal, of asbestos-con- taining material, or a portion of such costs, at any time prior to the actual date on which such material is removed. (c) State may establish more requirements Nothing in this subchapter shall be construed or interpreted as preempting a State from estab- lishing any additional liability or more strin- gent requirements with respect to asbestos in school buildings within such State. (d) No Federal cause of action Nothing in this subchapter creates a cause of action or in any other way increases or dimin- ishes the liability of any person under any other law. (e) Intent of Congress It is not the intent of Congress that this sub- chapter or rules, regulations, or orders issued pursuant to this subchapter be interpreted as in- fluencing, in either the plaintiff’s or defendant’s favor, the disposition of any civil action for damages relating to asbestos. This subsection does not affect the authority of any court to make a determination in an adjudicatory pro- ceeding under applicable State law with respect to the admission into evidence or any other use of this subchapter or rules, regulations, or or- ders issued pursuant to this subchapter. (Pub. L. 94–469, title II, § 209, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.) § 2650. Asbestos contractors and local edu- cational agencies (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 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-