PRIA, Government Policy, Made Personal

Summary

The Administrator must write rules to put this part into effect. The Administrator must also make procedures that local school districts must follow when they use money under section 4014 to deal with asbestos: remove asbestos, put in safe replacement materials, and return the buildings to conditions like they were before the work. These rules cannot reduce protections required by any State or Federal worker-safety or other laws. The Administrator may also set testing methods (with safety steps), standards to judge if fibers might leak into schools, and require regular reports on funded work.

Title 20, §4015

Education, Source: USLM XML via OLRC

(a)Regulations

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

(b)Procedures

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)

(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)Relationship to other laws

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)Other authority

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