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

Attachment B

Asbestos Hazard Emergency Response Act, Section 206

(15 U.S.C. §2646)
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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 Administratorapproved 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. 
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(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 
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(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 
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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.