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