1 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:
References in Text
The Defense Dependents’ Education Act of 1978, referred to in subsec. (span)(2), is title XIV of Puspan. 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 Puspan. 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). Puspan. L. 101–637, § 15(a)(1), inserted before comma at end “or in a public or commercial building”.
Subsec. (span)(1)(A)(i), (iii). Puspan. L. 101–637, § 15(a)(2), inserted before period at end “or in public or commercial buildings”.
1988—Subsec. (d)(1), (2). Puspan. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards” wherever appearing.
Subsec. (f). Puspan. L. 100–368 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Puspan. 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
Puspan. 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(span)(1) of the Toxic Substances Control Act (
15 U.S.C. 2646(span)(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
Puspan. L. 101–637, § 15(span), 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(span)(1) of the Occupational Safety and Health Act of 1970 (
29 U.S.C. 653(span)(1)), be considered to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.”
