§4015 — Title 20 Education | U.S. Code

Summary

Administrator must create rules to carry out this subchapter and must set procedures for local school districts using money under section 4014 to remove asbestos, put in suitable replacement materials, and restore buildings to the condition they were in before the asbestos work. Those rules cannot weaken any state or federal worker or other legal protections. The Administrator may also set testing and safety steps for asbestos fiber levels, standards to judge leakage risk from tests, and require regular reports on work paid for with these loans or grants.

Title 20, §4015

Education — Source: USLM XML via OLRC

(a)The Administrator shall promulgate rules and regulations as necessary to implement the authorities and requirements of this subchapter.

(b)The Administrator also shall establish procedures to be used by local educational agencies, in programs for which financial assistance is made available under section 4014 of this title, for—

(1)abating asbestos materials in school buildings;

(2)replacing the asbestos materials removed from school buildings with other appropriate building materials; and

(3)restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken.

(c)Nothing contained in this subchapter shall be construed, interpreted, or applied to diminish in any way the level of protection required under any other State or Federal worker protection or other applicable laws.

(d)In order to effectuate the purposes of this subchapter, the Administrator may also adopt such other procedures, standards, and regulations as the Administrator deems necessary, including—

(1)procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests;

(2)standards for evaluating (on the basis of such tests) the likelihood of the leakage of asbestos fibers into the school environment; and

(3)periodic reporting with respect to the activities that have taken place using funds loaned or granted under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–637 inserted section catchline. Subsec. (a). Pub. L. 101–637, § 14(b)(8), inserted heading. Subsec. (b). Pub. L. 101–637, § 7(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Administrator shall also establish— “(1) procedures to be used by local educational agencies, in programs for which financial assistance is made available under section 4014 of this title for— “(A) abating asbestos materials in school buildings; “(B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and “(C) restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken; and “(2) within ninety days, standards for determining— “(A) which contractors are qualified to carry out the activities referred to in paragraph (1), and “(B) what training, equipment, protective clothing and other information and material must be supplied to adequately advise and protect school employees utilized to carry out the activities in paragraph (1). “(3) nothing contained in this subchapter shall be construed, interpreted or applied to diminish in any way the level of protection required under State or Federal worker protection laws.” Subsec. (c). Pub. L. 101–637, § 7(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 101–637, §§ 7(1), 14(b)(9), redesignated subsec. (c) as (d), inserted heading, and inserted a comma after “standards” in introductory provisions.

§4015 Administrative provisions

Summary

Title 20, §4015

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata