Administrative provisions

20 U.S.C. § 4015

• Title: 20 — Education
• Chapter: SUBCHAPTER V—ASBESTOS SCHOOL HAZARD ABATEMENT

Text

(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) 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) 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.

History

(Pub. L. 98–377, title V, §506, Aug. 11, 1984, 98 Stat. 1292; Pub. L. 101–637, §§7, 14(a)(6), (b)(8), (9), Nov. 28, 1990, 104 Stat. 4592, 4594, 4595.)

Editorial Notes

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.