
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2646]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
            SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
 
Sec. 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 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) of this 
section or is accredited pursuant to an Administrator-approved course 
under subsection (c) of this section.

(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) achieve a passing grade on an 
        examination and participate in continuing education to stay 
        informed about current asbestos inspection 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 exposure 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, selection, degree 
            of protection afforded, fitting, testing, and maintenance 
            and cleaning procedures.
                (v) Appropriate work practices and control methods, 
            including the use of high efficiency 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 exposure to asbestos, decontamination procedures, 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 requirements.
                (x) Proper asbestos waste transportation and disposal 
            procedures.
                (xi) Housekeeping and personal hygiene practices, 
            including the necessity of showers, and procedures to 
            prevent asbestos exposure to an employee's family.

                     (2) State adoption of plan

        Each State shall adopt a contractor accreditation plan at least 
    as stringent as the model plan developed by the Administrator under 
    paragraph (1), within 180 days after the commencement 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 Environmental Protection Agency-approved asbestos 
    training course is consistent with the model plan (including testing 
    requirements) developed under subsection (b) of this section. A 
    contractor may be accredited by taking and passing such a course.

    (2) Treatment of persons with previous EPA asbestos training

        A person who--
            (A) completed an Environmental Protection Agency-approved 
        asbestos training course before October 22, 1986, and
            (B) passed (or passes) an asbestos test either 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) of 
    this section. 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 accreditation program 
    pursuant to subsection (b) of this section.

                        (3) Lists of courses

        The Administrator, in consultation with affected 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 development of an 
accreditation program for laboratories 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 
organizations--
        (A) within 360 days after October 22, 1986, develop an 
    accreditation program for laboratories which conduct qualitative and 
    semi-quantitative analyses of bulk samples of asbestos-containing 
    material, and
        (B) within 720 days after October 22, 1986, develop an 
    accreditation program for laboratories 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 requirements of the accreditation program.

(e) Financial assistance contingent on use of accredited 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) of this section, or
            (ii) who is accredited pursuant to an Administrator-approved 
        course under subsection (c) of this section, and

        (B) uses a laboratory (or laboratories) which is accredited 
    under the program developed under subsection (d) of this section.

    (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.
        (B) In the case of activities performed by laboratories, after 
    the date which is 180 days after the date on which a laboratory 
    accreditation program is completed under subsection (d) of this 
    section.

(f) List of EPA-approved courses

    Not later than August 31, 1988, and every three months thereafter 
until August 31, 1991, the Administrator shall publish in the Federal 
Register a list of all Environmental Protection Agency-approved asbestos 
training courses for persons to achieve accreditation in each category 
described in subsection (b)(1)(A) of this section and for laboratories 
to achieve accreditation. The Administrator may continue publishing such 
a list after August 31, 1991, at such times as the Administrator 
considers it useful. The list shall include 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, Sec. 206, as added Pub. L. 99-519, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2980; amended Pub. L. 100-368, Sec. 3, July 18, 
1988, 102 Stat. 832; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 
1988, 102 Stat. 1433; Pub. L. 101-637, Sec. 15(a)(1), (2), Nov. 28, 
1990, 104 Stat. 4596.)

                       References in Text

    The Defense Dependents' Education Act of 1978, referred to in 
subsec. (b)(2), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 
2365, as amended, which is classified principally to chapter 25A 
(Sec. 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, as amended, which is classified generally to subchapter V 
(Sec. 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, Sec. 15(a)(1), inserted 
before comma at end ``or in a public or commercial building''.
    Subsec. (b)(1)(A)(i), (iii). Pub. L. 101-637, Sec. 15(a)(2), 
inserted 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).


                    Effective Date of 1990 Amendment

    Section 15(c) of Pub. L. 101-637 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 Administrator 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 Hazard 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

    Section 15(a)(3) of Pub. L. 101-637 provided that: ``Not later than 
one year after the date of the enactment of this Act [Nov. 28, 1990], 
the Administrator of the Environmental Protection Agency shall revise 
the model contractor accreditation plan promulgated under section 
206(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2646(b)(1)) to 
increase the minimum 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 Authority'' Under OSHA Law 
               in Exercising Authority Under This Chapter

    Section 15(b) of Pub. L. 101-637 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2642, 2643, 2644, 2647, 2650 
of this title.
