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(continued)
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.
-SOURCE-
(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.)
-REFTEXT-
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.
-MISC1-
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."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2642, 2643, 2644, 2647,
2650 of this title.
-End-
-CITE-
15 USC Sec. 2647 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2647. Enforcement
-STATUTE-
(a) Penalties
Any local educational agency -
(1) which fails to conduct an inspection pursuant to
regulations under section 2643(b) of this title or under section
2644(b) of this title,
(2) which knowingly submits false information to the Governor
regarding any inspection pursuant to regulations under section
2643(i) of this title or knowingly includes false information in
any inspection statement under section 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 information to the Governor
regarding a deferral request 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
subsection shall be assessed and collected in the same manner, and
subject to the same provisions, 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 purposes of complying with
this subchapter. Any portion of a civil penalty remaining unspent
after compliance by a local educational agency is completed shall
be deposited into the Asbestos Trust Fund established by section
4022 of title 20.
(b) Relationship to subchapter I of this chapter
A local educational agency is not liable for any civil penalty
under subchapter I of this chapter for failing or refusing to
comply with any rule promulgated or order issued under this
subchapter.
(c) Enforcement considerations
(1) In determining the amount of a civil penalty to be assessed
under subsection (a) of this section against a local educational
agency, the Administrator shall consider -
(A) the significance of the violation;
(B) the culpability of the violator, including any history of
previous violations under this chapter;
(C) the ability of the violator to pay the penalty; and
(D) the ability of the violator to continue to provide
educational services to the community.
(2) Any action ordered by a court in fashioning relief under
section 2619 of this title shall be consistent with regulations
promulgated under section 2643 of this title (or with the
requirements of section 2644 of this title if there are no
regulations).
(d) Citizen complaints
Any person may file a complaint with the Administrator or with
the Governor of the State in which the school building is located
with respect to asbestos-containing material in a school building.
If the Administrator or Governor receives a complaint under this
subsection containing allegations which provide a reasonable basis
to believe that a violation of this chapter has occurred, the
Administrator or Governor shall investigate and respond (including
taking enforcement action where appropriate) to the complaint
within a reasonable period of time.
(e) Citizen petitions
(1) Any person may petition the Administrator to initiate a
proceeding for the issuance, amendment, or repeal of a regulation
or order under this subchapter.
(2) Such petition shall be filed in the principal office of the
Administrator and shall set forth the facts which it is claimed
establish that it is necessary to issue, amend, or repeal a
regulation or order under this subchapter.
(3) The Administrator may hold a public hearing or may conduct
such investigation or proceeding as the Administrator deems
appropriate in order to determine whether or not such petition
should be granted.
(4) Within 90 days after filing of a petition described in
paragraph (1), the Administrator shall either grant or deny the
petition. If the Administrator grants such petition, the
Administrator shall promptly commence an appropriate proceeding in
accordance with this subchapter. If the Administrator denies such
petition, the Administrator shall publish in the Federal Register
the Administrator's reasons for such denial. The granting or denial
of a petition under this subsection shall not affect any deadline
or other requirement of this subchapter.
(f) Citizen civil actions with respect to EPA regulations
(1) Any person may commence a civil action without prior notice
against the Administrator to compel the Administrator to meet the
deadlines in section 2643 of this title for issuing advanced
notices of proposed rulemaking, proposing regulations, and
promulgating regulations. Any such action shall be brought in the
district court of the United States for the District of Columbia.
(2) In any action brought under paragraph (1) in which the court
finds the Administrator to be in violation of any deadline in
section 2643 of this title, the court shall set forth a schedule
for promulgating the regulations required by section 2643 of this
title and shall order the Administrator to comply with such
schedule. The court may extend any deadline (which has not already
occurred) in section 2644(b), (c), or (d) of this title for a
period of not more than 6 months, if the court-ordered schedule
will result in final promulgation of the pertinent regulations
within the extended period. Such deadline extensions may not be
granted by the court beginning 720 days after October 22, 1986.
(3) Section 2619 of this title shall apply to civil actions
described in this subsection, except to the extent inconsistent
with this subsection.
(g) Failure to attain accreditation; penalty
Any contractor who -
(1) inspects for asbestos-containing material in a school,
public or commercial building;
(2) designs or conducts response actions with respect to
friable asbestos-containing material in a school, public or
commercial building; or
(3) employs individuals to conduct response actions with
respect to friable asbestos-containing material in a school,
public or commercial building;
and who fails to obtain the accreditation under section 2646 of
this title, or in the case of employees to require or provide for
the accreditation required, is liable for a civil penalty of not
more than $5,000 for each day during which the violation continues,
unless such contractor is a direct employee of the Federal
Government.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 207, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2983; amended Pub. L. 100-368, Sec. 5,
July 18, 1988, 102 Stat. 833; Pub. L. 101-637, Sec. 15(a)(4), Nov.
28, 1990, 104 Stat. 4596.)
-MISC1-
AMENDMENTS
1990 - Subsec. (g). Pub. L. 101-637 added subsec. (g).
1988 - Subsec. (a)(4), (5). Pub. L. 100-368 added pars. (4) and
(5).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-637 effective upon expiration of
12-month period following Nov. 28, 1990, with 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 AUTHORITY" UNDER OSHA
LAW IN EXERCISING AUTHORITY 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 20 section 4022.
-FOOTNOTE-
(!1) So in original. The period probably should be a comma.
-End-
-CITE-
15 USC Sec. 2648 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2648. Emergency authority
-STATUTE-
(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
respond to the airborne asbestos or friable asbestos-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's action
The Governor of a State shall notify the Administrator within a
reasonable period of time before the Governor plans to take an
emergency 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 subsection 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 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 -
(1) the Administrator may request the Attorney General to bring
suit, or
(2) the Governor of a State may bring suit,
to secure such relief as may be necessary to respond to the hazard.
The district court of the United States in the district in which
the response will be carried out shall have jurisdiction to grant
such relief, including injunctive relief.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 208, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2985.)
-End-
-CITE-
15 USC Sec. 2649 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2649. State and Federal law
-STATUTE-
(a) No preemption
Nothing in this subchapter shall be construed, interpreted, or
applied to preempt, displace, or supplant any other State or
Federal law, whether statutory or common.
(b) Cost and damage awards
Nothing in this subchapter or any standard, regulation, or
requirement promulgated pursuant to this subchapter shall be
construed or interpreted to preclude any court from awarding costs
and damages associated with the abatement, including the removal,
of asbestos-containing 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 establishing any additional liability or
more stringent 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 diminishes the liability of any person under
any other law.
(e) Intent of Congress
It is not the intent of Congress that this subchapter or rules,
regulations, or orders issued pursuant to this subchapter be
interpreted as influencing, 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 proceeding
under applicable State law with respect to the admission into
evidence or any other use of this subchapter or rules, regulations,
or orders issued pursuant to this subchapter.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 209, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2986.)
-End-
-CITE-
15 USC Sec. 2650 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2650. Asbestos contractors and local educational agencies
-STATUTE-
(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 which are available to local educational agencies
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 financial loss are available to local
educational agencies and asbestos contractors.
(B) The extent to which the cost of insurance or other forms
of assurance against financial 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 result of factors other than standards of liability 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 assurance against financial loss.
(E) The extent to which any limitation on the availability of
insurance or other forms of assurance against financial loss is
inhibiting inspections for asbestos-containing material or the
development or implementation of management plans under this
subchapter.
(F) Identification of any other impediments to the timely
completion of inspections or the development and implementation
of management plans under this subchapter.
(2) Interim report
Not later than April 1, 1988, the Administrator shall submit to
the Congress an interim report on the progress of the study
required by this subsection, along with preliminary findings
based on information collected to that date.
(3) Final report
Not later than October 1, 1990, the Administrator shall submit
to the Congress a final report on the study required by this
subsection, including final findings based on the information
collected.
(b) State action
On the basis of the interim report or the final report of the
study required by subsection (a) of this section, a State may enact
or amend State law to establish or modify a standard of liability
for local educational agencies or asbestos contractors with respect
to actions required under this subchapter.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 210, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2986.)
-End-
-CITE-
15 USC Sec. 2651 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2651. Public protection
-STATUTE-
(a) Public protection
No State or local educational agency may discriminate against a
person in any way, including 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 representative of employees who
believes he or she has been fired or otherwise discriminated
against in violation of subsection (a) of this section 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 conducted in accordance with section 660(c) of
title 29.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 211, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2987.)
-End-
-CITE-
15 USC Sec. 2652 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2652. Asbestos Ombudsman
-STATUTE-
(a) Appointment
The Administrator shall appoint an Asbestos Ombudsman, who shall
carry out the duties described in subsection (b) of this section.
(b) Duties
The duties of the Asbestos Ombudsman are -
(1) to receive complaints, grievances, and requests for
information submitted by any person with respect to any aspect of
this subchapter,
(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.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 212, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2987.)
-End-
-CITE-
15 USC Sec. 2653 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2653. EPA study of asbestos-containing material in public
buildings
-STATUTE-
Within 360 days after October 22, 1986, the Administrator shall
conduct and submit to the Congress the results of a study which
shall -
(1) assess the extent to which asbestos-containing materials
are present in public and commercial buildings;
(2) assess the condition of asbestos-containing 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 requirements that apply to school buildings;
(4) assess whether existing Federal regulations adequately
protect the general public, particularly abatement personnel,
from exposure to asbestos during renovation and demolition 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.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 213, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2987.)
-End-
-CITE-
15 USC Sec. 2654 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2654. Transitional rules
-STATUTE-
Any regulation of the Environmental Protection Agency under
subchapter I of this chapter which is inconsistent with this
subchapter shall not be in effect 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.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 214, as added Pub. L. 99-519, Sec.
2, Oct. 22, 1986, 100 Stat. 2988.)
-End-
-CITE-
15 USC Sec. 2655 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2655. Worker protection
-STATUTE-
(a) Prohibition on certain activities
Until the local educational agency with authority over a school
has submitted a management plan (for the school) which the State
Governor 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 perform, renovations or
removal of building materials, 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 carried out in the school and the agency complies 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 perform, 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 maintenance), 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 conduct 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 "emergency repair" means a
repair in a school building that was not planned and was in
response to a sudden, unexpected event that threatens either -
(1) the health or safety of building occupants; or
(2) the structural integrity of the building.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 215, as added Pub. L. 100-368, Sec.
4(a), July 18, 1988, 102 Stat. 832.)
-MISC1-
EFFECTIVE DATE
Section 4(c) of Pub. L. 100-368 provided that: "Section 215 of
the Toxic Substances Control Act [this section], as added by
subsection (a), shall take effect on October 12, 1988."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2647 of this title.
-End-
-CITE-
15 USC Sec. 2656 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER II - ASBESTOS HAZARD EMERGENCY RESPONSE
-HEAD-
Sec. 2656. Training grants
-STATUTE-
(a) Grants
The Administrator is authorized to award grants under this
section to nonprofit organizations that demonstrate experience in
implementing and operating health and safety asbestos training and
education programs for workers who are or will be engaged in
asbestos-related activities (including State and local governments,
colleges and universities, joint labor-management trust funds, and
nonprofit government 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 appropriated 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
appropriated to carry out this section in each such fiscal year.
-SOURCE-
(Pub. L. 94-469, title II, Sec. 216, as added Pub. L. 101-637, Sec.
16(a)(1), Nov. 28, 1990, 104 Stat. 4597.)
-MISC1-
EFFECTIVE DATE
Section 16(b) of Pub. L. 101-637 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]."
-End-
-CITE-
15 USC SUBCHAPTER III - INDOOR RADON ABATEMENT 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
SUBCHAPTER III - INDOOR RADON ABATEMENT
-End-
-CITE-
15 USC Sec. 2661 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2661. National goal
-STATUTE-
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.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 301, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2755.)
-MISC1-
REPORT ON RECOMMENDED POLICY FOR DEALING WITH RADON IN ASSISTED
HOUSING
Pub. L. 100-628, title X, Sec. 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 departmental policy for dealing with
radon contamination that utilizes any Environmental Protection
Agency guidelines and standards to ensure that occupants of
housing covered by this section are not exposed to hazardous
levels of radon; and
"(2) to require the Department of Housing and Urban Development
to assist the Environmental Protection Agency in reducing radon
contamination.
"(b) Program. -
"(1) Applicability. - The housing covered by this section is -
"(A) multifamily housing owned by the Department of Housing
and Urban Development;
"(B) public housing and Indian housing assisted under the
United States Housing Act of 1937 [42 U.S.C. 1437 et seq.];
"(C) housing receiving project-based assistance under section
8 of the United States Housing Act of 1937 [42 U.S.C. 1437f];
"(D) housing assisted under section 236 of the National
Housing Act [12 U.S.C. 1715z-1]; and
"(E) housing assisted under section 221(d)(3) of the National
Housing Act [12 U.S.C. 1715l(d)(3)].
"(2) In general. - The Secretary of Housing and Urban
Development shall develop and recommend to the Congress a policy
for dealing with radon contamination that specifies programs for
education, research, testing, and mitigation of radon hazards in
housing covered by this section.
"(3) Standards. - In developing the policy, the Secretary shall
utilize any guidelines, information, or standards established by
the Environmental Protection Agency for -
"(A) testing residential and nonresidential structures for
radon;
"(B) identifying elevated radon levels;
"(C) identifying when remedial actions should be taken; and
"(D) identifying geographical areas that are likely to have
elevated levels of radon.
"(4) Coordination. - In developing the policy, the Secretary
shall coordinate the efforts of the Department of Housing and
Urban Development with the Environmental Protection Agency, and
other appropriate Federal agencies, and shall consult with State
and local governments, the housing industry, consumer groups,
health organizations, appropriate professional organizations, and
other appropriate experts.
"(5) Report. - The Secretary shall submit a report to the
Congress within 1 year after the date of the enactment of this
Act [Nov. 7, 1988] that describes the Secretary's recommended
policy for dealing with radon contamination and the Secretary's
reasons for recommending such policy. The report shall include an
estimate of the housing covered by this section that is likely to
have hazardous levels of radon.
"(c) Cooperation With Environmental Protection Agency. - Within 6
months after the date of the enactment of this Act [Nov. 7, 1988],
the Secretary and the Administrator of the Environmental Protection
Agency shall enter into a memorandum of understanding describing
the Secretary's plan to assist the Administrator in carrying out
the Environmental Protection Agency's authority to assess the
extent of radon contamination in the United States and assist in
the development of measures to avoid and reduce radon
contamination.
"(d) Definitions. - For purposes of this section:
"(1) Administrator. - The term 'Administrator' means the
Administrator of the Environmental Protection Agency.
"(2) Secretary. - The term 'Secretary' means the Secretary of
Housing and Urban Development.
"(e) Authorization. - Funds available for housing covered by this
section shall be available to carry out this section with respect
to such housing."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2663 of this title.
-End-
-CITE-
15 USC Sec. 2662 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2662. Definitions
-STATUTE-
For purposes of this subchapter:
(1) The term "local educational agency" means -
(A) any local educational agency as defined in section 7801
of title 20;
(B) the owner of any nonprofit elementary or secondary school
building; and
(C) the governing authority of any school operated pursuant
to section 241 of title 20, as in effect before enactment of
the Improving America's Schools Act of 1994, or successor
authority, relating to impact aid for children who reside on
Federal property.
(2) The term "nonprofit elementary or secondary school" has the
meaning given such term by section 2642(8) (!1) of this title.
(3) The term "radon" means the radioactive gaseous element and
its short-lived decay products produced by the disintegration of
the element radium occurring in air, water, soil, or other media.
(4) The term "school building" has the meaning given such term
by section 2642(13) of this title.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 302, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2755; amended Pub. L. 103-382,
title III, Sec. 391(c)(4), 392(b)(2), Oct. 20, 1994, 108 Stat.
4022, 4026; Pub. L. 107-110, title X, Sec. 1076(f)(2), Jan. 8,
2002, 115 Stat. 2091.)
-REFTEXT-
REFERENCES IN TEXT
Section 241 of title 20, as in effect before enactment of the
Improving America's Schools Act of 1994, referred to in par.
(1)(C), means section 241 of Title 20, Education, prior to its
repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct. 20, 1994,
108 Stat. 3965.
-MISC1-
AMENDMENTS
2002 - Par. (1)(A). Pub. L. 107-110 substituted "7801" for
"8801".
1994 - Par. (1)(A). Pub. L. 103-382, Sec. 391(c)(4)(A), made
technical amendment to reference to section 8801 of title 20 to
reflect change in reference to corresponding section of original
act.
Par. (1)(C). Pub. L. 103-382 directed two separate amendments of
par. (1)(C), the first, by section 391(c)(4)(B) of Pub. L. 103-382,
directed the insertion of "or successor authority" immediately
after "section 241 of title 20", the second, by section 392(b)(2)
of Pub. L. 103-382, directed the insertion (without reference to
the first amendment) of "as in effect before enactment of the
Improving America's Schools Act of 1994" immediately after "section
241 of title 20,". Literal execution of the second amendment was
not possible, as "section 241 of title 20," was amended to read
"section 241 of title 20 or successor authority," by the first
amendment. Commas were editorially inserted before and after the
phrase added by the second amendment and it was inserted
immediately after "section 241 of title 20" to reflect the probable
intent of Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of Title 20, Education.
-FOOTNOTE-
(!1) So in original. Probably should be section "2642(9)".
-End-
-CITE-
15 USC Sec. 2663 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2663. EPA citizen's guide
-STATUTE-
(a) Publication
In order to make continuous progress toward the long-term goal
established in section 2661 of this title, the Administrator of the
Environmental Protection Agency shall, not later than June 1, 1989,
publish and make available to the public an updated version of its
document titled "A Citizen's Guide to Radon". The Administrator
shall revise and republish the guide as necessary thereafter.
(b) Information included
(1) Action levels
The updated citizen's guide published as provided in subsection
(a) of this section shall include a description of a series of
action levels indicating the health risk associated with
different levels of radon exposure.
(2) Other information
The updated citizen's guide shall also include information with
respect to each of the following:
(A) The increased health risk associated with the exposure of
potentially sensitive populations to different levels of radon.
(B) The increased health risk associated with the exposure to
radon of persons engaged in potentially risk-increasing
behavior.
(C) The cost and technological feasibility of reducing radon
concentrations within existing and new buildings.
(D) The relationship between short-term and long-term testing
techniques and the relationship between (i) measurements based
on both such techniques, and (ii) the actions (!1) levels set
forth as provided in paragraph (1).
(E) Outdoor radon levels around the country.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 303, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2755.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2665 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "action".
-End-
-CITE-
15 USC Sec. 2664 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2664. Model construction standards and techniques
-STATUTE-
The Administrator of the Environmental Protection Agency shall
develop model construction standards and techniques for controlling
radon levels within new buildings. To the maximum extent possible,
these standards and techniques should be developed with the
assistance of organizations involved in establishing national
building construction standards and techniques. The Administrator
shall make a draft of the document containing the model standards
and techniques available for public review and comment. The model
standards and techniques shall provide for geographic differences
in construction types and materials, geology, weather, and other
variables that may affect radon levels in new buildings. The
Administrator shall make final model standards and techniques
available to the public by June 1, 1990. The Administrator shall
work to ensure that organizations responsible for developing
national model building codes, and authorities which regulate
building construction within States or political subdivisions
within States, adopt the Agency's model standards and techniques.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 304, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2756.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2665, 2666 of this title.
-End-
-CITE-
15 USC Sec. 2665 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2665. Technical assistance to States for radon programs
-STATUTE-
(a) Required activities
The Administrator (or another Federal department or agency
designated by the Administrator) shall develop and implement
activities designed to assist State radon programs. These
activities may include, but are not limited to, the following:
(1) Establishment of a clearinghouse of radon related
information, including mitigation studies, public information
materials, surveys of radon levels, and other relevant
information.
(2) Operation of a voluntary proficiency program for rating the
effectiveness of radon measurement devices and methods, the
effectiveness of radon mitigation devices and methods, and the
effectiveness of private firms and individuals offering
radon-related architecture, design, engineering, measurement, and
mitigation services. The proficiency program under this
subparagraph shall be in operation within one year after October
28, 1988.
(3) Design and implementation of training seminars for State
and local officials and private and professional firms dealing
with radon and addressing topics such as monitoring, analysis,
mitigation, health effects, public information, and program
design.
(4) Publication of public information materials concerning
radon health risks and methods of radon mitigation.
(5) Operation of cooperative projects between the Environmental
Protection Agency's Radon Action Program and the State's radon
program. Such projects shall include the Home Evaluation Program,
in which the Environmental Protection Agency evaluates homes and
States demonstrate mitigation methods in these homes. To the
maximum extent practicable, consistent with the objectives of the
evaluation and demonstration, homes of low-income persons should
be selected for evaluation and demonstration.
(6) Demonstration of radon mitigation methods in various types
of structures and in various geographic settings and publication
of findings. In the case of demonstration of such methods in (continued)