Title 15 — Commerce and TradeRelease 119-73
§2646 Contractor and laboratory accreditation
Title 15 › Chapter CHAPTER 53— - TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER II— - ASBESTOS HAZARD EMERGENCY RESPONSE › § 2646
Summary
People must be accredited to inspect school buildings run by local school boards or public and commercial buildings for asbestos, to write school asbestos management plans, or to design or do most response work on loose (friable) asbestos in those buildings. Within 180 days after October 22, 1986, the EPA must create a model accreditation plan that covers those three types of workers. The plan must require passing an exam and taking continuing education. The exam will check things like how to recognize asbestos, health risks, how to judge exposure risk, respirator use, safe work and cleanup methods, emergency steps, air monitoring, medical checks, waste handling, and hygiene. Each State must adopt an accreditation plan that is at least as strict as the EPA model within 180 days after the State’s next regular legislative session after the EPA plan is finished. The Secretary of Defense must do the same for Defense Dependents’ Education System schools. Within 180 days after October 22, 1986, EPA must make sure any EPA-approved asbestos training course matches the model plan so people can become accredited by passing that course. People who finished an EPA-approved course before October 22, 1986, may qualify if they also pass an asbestos test. EPA must list which older and current courses qualify. EPA must fund NIST to set up lab accreditation programs: one for labs that analyze bulk asbestos samples within 360 days after October 22, 1986, and one for labs that analyze air samples from schools within 720 days after October 22, 1986. Labs doing those tests must follow the accreditation rules. A school applying for federal asbestos-abatement money must use accredited people and accredited labs. That rule applies to person work done after one year after October 22, 1986, and to lab work done after 180 days from when the lab accreditation program is completed. EPA must publish a list of all approved training courses by August 31, 1988, then every three months until August 31, 1991, and may continue publishing it later; the list must include trainer names, addresses, and training locations and be sent to State officials and EPA regional offices.
Full Legal Text
Title 15, §2646
Commerce and Trade — Source: USLM XML via OLRC
(a)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 section 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,
(b)(1)(A)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 section 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)The plan shall include a requirement that any person in a category listed in paragraph (1) 11 So in original. Probably should be “subparagraph (A)”. 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)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)(1)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). A contractor may be accredited by taking and passing such a course.
(2)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,
(3)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)(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)(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), or
(ii)who is accredited pursuant to an Administrator-approved course under subsection (c), and
(B)uses a laboratory (or laboratories) which is accredited under the program developed under subsection (d).
(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).
(f)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) 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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, which is classified principally to chapter 25A (§ 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, which is classified generally to subchapter V (§ 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, § 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, § 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).
Statutory Notes and Related Subsidiaries
Effective Date
of 1990 Amendment Pub. L. 101–637, § 15(c), Nov. 28, 1990, 104 Stat. 4597, 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 Pub. L. 101–637, § 15(a)(3), Nov. 28, 1990, 104 Stat. 4596, 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 Pub. L. 101–637, § 15(b), Nov. 28, 1990, 104 Stat. 4596, 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.”
Reference
Citations & Metadata
Citation
15 U.S.C. § 2646
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73