EPA ICR No. 1365.09; OMB Control No. 2070-0091

Attachment B

Asbestos Hazard Emergency Response Act, Section 206

(15 U.S.C. §2646)

Sec. 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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