§ 2641. — Congressional findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2641]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2641. Congressional findings and purpose
(a) Findings
The Congress finds the following:
(1) The Environmental Protection Agency's rule on local
educational agency inspection for, and notification of, the presence
of friable asbestos-containing material in school buildings includes
neither standards for the proper identification of asbestos-
containing material and appropriate response actions with respect to
friable asbestos-containing material, nor a requirement that
response actions with respect to friable asbestos-containing
material be carried out in a safe and complete manner once actions
are found to be necessary. As a result of the lack of regulatory
guidance from the Environmental Protection Agency, some schools have
not undertaken response action while many others have undertaken
expensive projects without knowing if their action is necessary,
adequate, or safe. Thus, the danger of exposure to asbestos
continues to exist in schools, and some exposure actually may have
increased due to the lack of Federal standards and improper response
action.
(2) There is no uniform program for accrediting persons involved
in asbestos identification and abatement, nor are local educational
agencies required to use accredited contractors for asbestos work.
(3) The guidance provided by the Environmental Protection Agency
in its ``Guidance for Controlling Asbestos-Containing Material in
Buildings'' is insufficient in detail to ensure adequate responses.
Such guidance is intended to be used only until the regulations
required by this subchapter become effective.
(4) Because there are no Federal standards whatsoever regulating
daily exposure to asbestos in other public and commercial buildings,
persons in addition to those comprising the Nation's school
population may be exposed daily to asbestos.
(b) Purpose
The purpose of this subchapter is--
(1) to provide for the establishment of Federal regulations
which require inspection for asbestos-containing material and
implementation of appropriate response actions with respect to
asbestos-containing material in the Nation's schools in a safe and
complete manner;
(2) to mandate safe and complete periodic reinspection of school
buildings following response actions, where appropriate; and
(3) to require the Administrator to conduct a study to find out
the extent of the danger to human health posed by asbestos in public
and commercial buildings and the means to respond to any such
danger.
(Pub. L. 94-469, title II, Sec. 201, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2970.)
