§ 2646. — Contractor and laboratory accreditation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
