Legal Resources | | 2646
Chapter 53 - Toxic Substances Control Subchapter Ii - Asbestos Hazard Emergency Response. 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. 101-637, Sec. 15(a)(1), (2), Nov. 28, 1990, 104 Stat. 4596.)