H.R.2123 - Asbestos Hazard Emergency Response Amendments of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Florio, James J. [D-NJ-1] (Introduced 04/26/1989)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 05/15/1989 Referred to the Subcommittee on Transportation and Hazardous Materials. (All Actions)|
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Summary: H.R.2123 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (04/26/1989)
Asbestos Hazard Emergency Response Amendments of 1989 - Amends the Toxic Substances Control Act to prohibit persons from having a financial interest in both the contractor who prepares a school asbestos plan and the contractor who implements such plan.
Directs the Administrator of the Environmental Protection Agency to promulgate regulations concerning air monitoring for asbestos to require that: (1) such monitoring be based on electron microscopy with a certain analytical sensitivity; (2) such monitoring be conducted in a manner most likely to detect asbestos; and (3) no person may have a financial interest in both the monitoring contractor and the contractor performing the response action.
Requires the model school asbestos contractor accreditation plan for States to include a State-approved contractor training course and require that those who have passed the accreditation exam engage in supervised work experience before achieving accreditation. Directs the Administrator and the States to establish procedures for terminating accreditation. Requires the Administrator to review and report to the Congress on procedures in effect in some States to expedite accreditation reciprocity and the need and feasibility of developing a model procedure. Authorizes the Administrator to distribute an advisory model to States.
Directs the Administrator to: (1) develop and implement a plan for conducting random, on-site school inspections to ensure that asbestos response actions are carried out in a manner that protects human health and the environment; (2) promulgate regulations to require school asbestos contractors to provide assurances of financial responsibility for all liabilities resulting from their work; and (3) promulgate regulations to delineate the division of responsibility between the EPA and the Occupational Safety and Health Administration for worker safety under the Asbestos Hazard Emergency Response program. Authorizes school employees who are directed to conduct emergency repairs or operations and maintenance activities which may involve asbestos to refuse to conduct such activities unless they are provided with proper equipment and training and allowed to follow safe work practices.
Directs the Administrator to promulgate regulations requiring owners of Federal, State, and commercial buildings to conduct asbestos inspections and, if asbestos is present, develop and implement asbestos management plans for such buildings. Sets deadlines for the implementation and completion of such activities. Provides for notification of the building occupants and the State Governor or Administrator, as appropriate, prior to undertaking such activities. Imposes civil monetary penalties against building owners who violate such regulations.
Directs the Administrator to develop and report to the Congress on a system for monitoring asbestos-containing material removed from schools to assure that it is transported and disposed of in a manner protective of human health and the environment.
Establishes an Asbestos Abatement Scientific Commission to assess available asbestos response actions for their effectiveness and appropriateness in protecting human health and the environment. Sets forth reporting requirements.