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U.S. Code as of:
01/19/04
Section 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.
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