---
kind: "section"
citation: "15 U.S.C. § 2646"
title: "15"
title_heading: "Commerce and Trade"
number: "2646"
heading: "Contractor and laboratory accreditation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2646"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter II — Asbestos Hazard Emergency Response"
---

# §2646. Contractor and laboratory accreditation

- (a) **Contractor accreditation—** A [person](/usc/15/7a.md?p=6) may not—
  - (1) inspect for [asbestos-containing material](/usc/15/2642.md?p=4) in a [school building](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7) or in a public or commercial building,
  - (2) prepare a management plan for such a [school](/usc/15/2642.md?p=12), or
  - (3) design or conduct [response actions](/usc/15/2642.md?p=11), other than the type of action described in sections [2643(f)](/usc/15/2643.md?p=f) and [2644(c)](/usc/15/2644.md?p=c) of this title, with respect to [friable asbestos-containing material](/usc/15/2642.md?p=6) in such a [school](/usc/15/2642.md?p=12) or in a public or commercial building,

  unless such [person](/usc/15/7a.md?p=6) is accredited by a [State](/usc/15/2642.md?p=14) under [subsection (b)](#b) or is accredited pursuant to an [Administrator](/usc/15/2642.md?p=2)-approved course under [subsection (c)](#c).

- (b) **Accreditation by State—**
  - (1) **Model plan—**
    - (A) **Persons to be accredited—** Within 180 days after October 22, 1986, the [Administrator](/usc/15/2642.md?p=2), in consultation with affected organizations, shall develop a model contractor accreditation plan for [States](/usc/15/2642.md?p=14) to give accreditation to [persons](/usc/15/7a.md?p=6) in the following categories:
      - (i) [Persons](/usc/15/7a.md?p=6) who inspect for [asbestos-containing material](/usc/15/2642.md?p=4) in [school buildings](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7) or in public or commercial buildings.
      - (ii) [Persons](/usc/15/7a.md?p=6) who prepare management plans for such [schools](/usc/15/2642.md?p=12).
      - (iii) [Persons](/usc/15/7a.md?p=6) who design or carry out [response actions](/usc/15/2642.md?p=11), other than the type of action described in sections [2643(f)](/usc/15/2643.md?p=f) and [2644(c)](/usc/15/2644.md?p=c) of this title, with respect to [friable asbestos-containing material](/usc/15/2642.md?p=6) in such [schools](/usc/15/2642.md?p=12) or in public or commercial buildings.
    - (B) **Plan requirements—** The plan shall include a requirement that any [person](/usc/15/7a.md?p=6) in a category listed in [paragraph (1)](#b-1)[^1] achieve a passing grade on an examination and participate in continuing education to stay informed about current [asbestos](/usc/15/2642.md?p=3) inspection and [response action](/usc/15/2642.md?p=11) technology. The examination shall demonstrate the knowledge of the [person](/usc/15/7a.md?p=6) in areas that the [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=4) and its physical characteristics.
      - (ii) Health hazards of [asbestos](/usc/15/2642.md?p=3) and the relationship between [asbestos](/usc/15/2642.md?p=3) exposure and disease.
      - (iii) Assessing the risk of [asbestos](/usc/15/2642.md?p=3) exposure through a knowledge of percentage weight of [asbestos-containing material](/usc/15/2642.md?p=4), friability, age, deterioration, location and accessibility of materials, and advantages and disadvantages of dry and wet [response action](/usc/15/2642.md?p=11) 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](/usc/15/2642.md?p=11) work, including isolating work areas to prevent bystander or public exposure to [asbestos](/usc/15/2642.md?p=3), 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](/usc/15/2642.md?p=3) waste transportation and disposal procedures.
      - (xi) Housekeeping and personal hygiene practices, including the necessity of showers, and procedures to prevent [asbestos](/usc/15/2642.md?p=3) exposure to an employee’s family.
  - (2) **State adoption of plan—** Each [State](/usc/15/2642.md?p=14) shall adopt a contractor accreditation plan at least as stringent as the model plan developed by the [Administrator](/usc/15/2642.md?p=2) under [paragraph (1)](#b-1), within 180 days after the commencement of the first regular session of the legislature of such [State](/usc/15/2642.md?p=14) which is convened following the date on which the [Administrator](/usc/15/2642.md?p=2) completes development of the model plan. In the case of a [school](/usc/15/2642.md?p=12) operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 ([20 U.S.C. 921](/usc/20/921.md) 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](/usc/15/2642.md?p=2) shall ensure that any Environmental Protection Agency-approved [asbestos](/usc/15/2642.md?p=3) training course is consistent with the model plan (including testing requirements) developed under [subsection (b)](#b). A contractor may be accredited by taking and passing such a course.
  - (2) **Treatment of persons with previous EPA asbestos training—** A [person](/usc/15/7a.md?p=6) who—
    - (A) completed an Environmental Protection Agency-approved [asbestos](/usc/15/2642.md?p=3) training course before October 22, 1986, and
    - (B) passed (or passes) an [asbestos](/usc/15/2642.md?p=3) test either before or after October 22, 1986,

    may be accredited under [paragraph (1)](#c-1) if the [Administrator](/usc/15/2642.md?p=2) determines that the course and test are equivalent to the requirements of the model plan developed under [subsection (b)](#b). If the [Administrator](/usc/15/2642.md?p=2) so determines, the [person](/usc/15/7a.md?p=6) shall be considered accredited for the purposes of this subchapter until a date that is one year after the date on which the [State](/usc/15/2642.md?p=14) in which such [person](/usc/15/7a.md?p=6) is employed establishes an accreditation program pursuant to [subsection (b)](#b).

  - (3) **Lists of courses—** The [Administrator](/usc/15/2642.md?p=2), in consultation with affected organizations, shall publish (and revise as necessary)—
    - (A) a list of [asbestos](/usc/15/2642.md?p=3) courses and tests in effect before October 22, 1986, which qualify for equivalency treatment under [paragraph (2)](#c-2), and
    - (B) a list of [asbestos](/usc/15/2642.md?p=3) courses and tests which the [Administrator](/usc/15/2642.md?p=2) determines under [paragraph (1)](#c-1) are consistent with the model plan and which will qualify a contractor for accreditation under such paragraph.
- (d) **Laboratory accreditation—**
  - (1) The [Administrator](/usc/15/2642.md?p=2) shall provide for the development of an accreditation program for laboratories by the National Institute of Standards and Technology in accordance with [paragraph (2)](#d-2). The [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=2), 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](/usc/15/2642.md?p=4), and
    - (B) within 720 days after October 22, 1986, develop an accreditation program for laboratories which conduct analyses of air samples of [asbestos](/usc/15/2642.md?p=3) from [school buildings](/usc/15/2642.md?p=13) under the authority of a [local educational agency](/usc/15/2642.md?p=7).
  - (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](/usc/15/2642.md?p=12) which is an [applicant](/usc/15/7a.md?p=3) for financial assistance under section 505 of the [Asbestos](/usc/15/2642.md?p=3) [School](/usc/15/2642.md?p=12) Hazard Abatement Act of 1984 [[20 U.S.C. 4014](/usc/20/4014.md)] is not eligible for such assistance unless the [school](/usc/15/2642.md?p=12), in carrying out the requirements of this subchapter—
    - (A) uses a [person](/usc/15/7a.md?p=6) (or [persons](/usc/15/7a.md?p=6))—
      - (i) who is accredited by a [State](/usc/15/2642.md?p=14) which has adopted an accreditation plan based on the model plan developed under [subsection (b)](#b), or
      - (ii) who is accredited pursuant to an [Administrator](/usc/15/2642.md?p=2)-approved course under [subsection (c)](#c), and
    - (B) uses a laboratory (or laboratories) which is accredited under the program developed under [subsection (d)](#d).
  - (2) This subsection shall apply to any financial assistance provided under the [Asbestos](/usc/15/2642.md?p=3) [School](/usc/15/2642.md?p=12) Hazard Abatement Act of 1984 [[20 U.S.C. 4011](/usc/20/4011.md) et seq.] for activities performed after the following dates:
    - (A) In the case of activities performed by [persons](/usc/15/7a.md?p=6), 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)](#d).
- (f) **List of EPA-approved courses—** Not later than August 31, 1988, and every three months thereafter until August 31, 1991, the [Administrator](/usc/15/2642.md?p=2) shall publish in the Federal Register a list of all Environmental Protection Agency-approved [asbestos](/usc/15/2642.md?p=3) training courses for [persons](/usc/15/7a.md?p=6) to achieve accreditation in each category described in [subsection (b)(1)(A)](#b-1-A) and for laboratories to achieve accreditation. The [Administrator](/usc/15/2642.md?p=2) may continue publishing such a list after August 31, 1991, at such times as the [Administrator](/usc/15/2642.md?p=2) 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](/usc/15/2642.md?p=2) shall provide a copy of the list to each [State](/usc/15/2642.md?p=14) official on the list published by the [Administrator](/usc/15/2642.md?p=2) under [section 2645(d)(6) of this title](/usc/15/2645.md?p=d-6) and to each regional office of the Environmental Protection Agency.

## Footnotes

[^1]: So in original. Probably should be “subparagraph (A)”.

## Source credit

(Pub. L. 94–469, title II, § 206, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2980; amended Pub. L. 100–368, § 3, July 18, 1988, 102 Stat. 832; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 101–637, § 15(a)(1), (2), Nov. 28, 1990, 104 Stat. 4596.)

## Notes

### Editorial Notes

### References in Text

The Defense Dependents’ Education Act of 1978, referred to in subsec. (b)(2), is title XIV of Pub. 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 Pub. 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). Pub. L. 101–637, § 15(a)(1), inserted before comma at end “or in a public or commercial building”.

Subsec. (b)(1)(A)(i), (iii). Pub. L. 101–637, § 15(a)(2), inserted before period at end “or in public or commercial buildings”.

1988—Subsec. (d)(1), (2). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards” wherever appearing.

Subsec. (f). Pub. L. 100–368 added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1990 Amendment

Pub. 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

Pub. 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(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2646(b)(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

Pub. L. 101–637, § 15(b), 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(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), be considered to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.”