20 U.S.C. § 4014 | Financial assistance

(a)

Assistance Program

There is hereby established within the Environmental Protection Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in this chapter referred to as the “Assistance Program”), which shall be administered in accordance with this section.

(b)

Application submission

(1)

section 4013(b)(2) of this title Applications for financial assistance shall be submitted by a local educational agency to the Governor, or the Governor’s designee, who shall establish a priority list based on the criteria of .

(2)

section 4013 of this title section 4013(b)(4) of this title Pursuant to , the Governor shall submit applications, together with the Governor’s report and priority list, to the Administrator who shall review and rank such applications pursuant to subsection (c)(2) and propose financing pursuant to the criteria of . The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.

(c)

Review of application

(1)

The Administrator shall provide financial assistance on a school-by-school basis to local educational agencies in accordance with other provisions of this section to carry out projects for—

(A)

abating the threat posed by materials containing asbestos to the health and safety of children or employees;

(B)

replacing the asbestos materials removed from school buildings with other appropriate building materials; and

(C)

restoring school buildings to conditions comparable to those existing before abatement activities were undertaken pursuant to this section.

(2)

The Administrator shall review and list in priority order applications for financial assistance. In ranking applications, the Administrator shall consider—

(A)

section 4013(b)(2) of this title the priority assigned to the abatement program by the Governor pursuant to ; and

(B)

(i)

the likelihood of release of asbestos fibers into a school environment;

(ii)

any other evidence of the risk caused by the presence of asbestos including, but not limited to, situations in which there is a substantial quantity of dry loose asbestos-containing material on horizontal surfaces or asbestos-containing material is substantially deteriorated or damaged, and there is asbestos-containing material in an air plenum or in a high traffic area, confined space, or within easy reach of a passerby;

(iii)

the extent to which the corrective action proposed by the applicant will reduce the exposure of school children and school employees; and

(iv)

the extent to which the corrective action proposed by the applicant uses the least burdensome methods which protect human health and the environment.

(3)

section 4013(b)(4) of this title In determining whether an applicant is eligible for assistance, and the nature and amount of financial assistance, the Administrator shall consider the financial resources available to the applicant as certified by the Governor pursuant to .

(d)

Limitation

In no event shall financial assistance be provided under this subchapter to an applicant if—

(1)

the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program; or

(2)

15 U.S.C. 2641 the applicant is not in compliance with title II of the Toxic Substances Control Act ( et seq.).

(e)

Amount of loan or grant

(1)

An applicant for financial assistance may be granted a loan of up to 100 percent of the costs of an abatement program or, if the Administrator determines the applicant is unable to undertake and complete an asbestos materials abatement program with a loan, such applicant may also receive a grant (alone or in combination with a loan) not to exceed 50 percent of the total costs of abatement, in the amount which the Administrator deems necessary.

(2)

In approving any grant, the Administrator shall state with particularity the reasons why the applicant is unable to undertake and complete the abatement program with loan funds.

(f)

Loan agreement

Loans under this section shall be made pursuant to agreements which shall provide for the following:

(1)

the loan shall not bear interest;

(2)

the loan shall have a maturity period of not more than twenty years (as determined by the Administrator) and shall be repayable during such period at such times and in such amounts as the Administrator may specify in the loan agreement;

(3)

section 4022 of this title repayment shall be made to the Secretary of the Treasury for deposit in the Asbestos Trust Fund established by ; and

(4)

such other terms and conditions that the Administrator determines necessary to protect the financial interest of the United States.

(g)

Application requirements

(1)

No financial assistance may be provided under this section unless an application has been submitted to the Administrator in accordance with such procedures as may be developed by the Administrator.

(2)

The Administrator shall not approve an application unless—

(A)

the application contains such information as the Administrator may require, including but not limited to information describing—

(i)

the nature and extent of the asbestos problem for which the assistance is sought;

(ii)

the asbestos content of the material to be abated;

(iii)

the methods which will be used to abate the asbestos materials;

(iv)

the amount and type of financial assistance requested;

(v)

a description of the financial resources of the local educational agency; and

(vi)

a justification for the type and amount of the financial assistance requested.

(B)

the application contains a certification that—

(i)

15 U.S.C. 2641 the local educational agency has prepared and is implementing an asbestos management plan, as required under title II of the Toxic Substances Control Act ( et seq.); and

(ii)

15 U.S.C. 2641 all activities to be conducted with the financial assistance will be performed by individuals trained and accredited in conformance with title II of the Toxic Substances Control Act ( et seq.) and regulations promulgated under that title;

(C)

section 4016 of this title the application contains assurances that the local educational agency will furnish such information as is necessary for the Administrator to make the report required by .

(3)

January 1, 1984 No financial assistance may be provided by the Administrator under this section for projects described in subsection (a)(2) on which abatement action was completed prior to .

(4)

section 4021(b)(1) of this title Except as provided in , in approving applications the Administrator shall provide assistance to the local educational agencies having the highest priority among applications being considered in order of ranking until the appropriated funds are expended.

Pub. L. 98–377, title V, § 505Aug. 11, 198498 Stat. 1290 Pub. L. 99–519, § 3(a)Oct. 22, 1986100 Stat. 2988 Pub. L. 100–368, § 6(b)July 18, 1988102 Stat. 833 Pub. L. 101–637Nov. 28, 1990104 Stat. 4591(, , ; , , ; , , ; , §§ 6, 14(a)(5), (b)(7), (c)(1)–(4), , , 4594–4596.)

Editorial Notes

References in Text

Pub. L. 94–469Oct. 11, 197690 Stat. 2003 Pub. L. 99–519, § 2Oct. 22, 1986100 Stat. 2970 section 2601 of Title 15The Toxic Substances Control Act, referred to in subsecs. (d)(2) and (g)(2)(B), is , , . Title II of the Act, as added by , , , is classified generally to subchapter II (§ 2641 et seq.) of chapter 53 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 101–637, § 14(a)(5)1990—, made technical amendment to section catchline.

Pub. L. 101–637, § 14(b)(7)(A)Subsec. (a). , inserted heading.

Pub. L. 101–637, § 14(b)(7)(B)Subsec. (b). , inserted heading.

Pub. L. 101–637, § 14(c)(1)Subsec. (b)(1). , struck out comma after “educational agency”.

Pub. L. 101–637, § 6(a)(1)Subsec. (b)(2). , (2), substituted “the Governor shall submit applications,” for “applications shall be submitted,” and inserted “The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.”

Pub. L. 101–637, § 6(a)(3)section 4013(b)(1) of this titleSubsec. (b)(3). , struck out par. (3) which read as follows: “Within sixty days of receipt of the information described in , the Secretary of the Department of Education shall review such information and, in the Secretary’s discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary’s report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance.”

Pub. L. 101–637, § 14(b)(7)(C)Subsec. (c). , inserted heading.

Pub. L. 101–637, § 14(c)(2)(A)Subsec. (c)(2)(A). , inserted “and” after semicolon at end.

Pub. L. 101–637, § 14(c)(2)(B)Subsec. (c)(2)(B)(ii). , inserted a comma after “confined space”.

Pub. L. 101–637, § 14(c)(2)(B)Pub. L. 101–637, § 6(b)Subsec. (c)(2)(B)(iv). , which directed the insertion of a comma after “techniques”, could not be executed because of the intervening amendment by . See below.

Pub. L. 101–637, § 6(b), substituted “uses the least burdensome methods which protect human health and the environment” for “is cost-effective compared to other techniques including management of material containing asbestos”.

Pub. L. 101–637, § 6(c)section 4013(b)(4) of this titleSubsec. (c)(3). , substituted “shall consider the financial resources available to the applicant as certified by the Governor pursuant to .” for “shall consider—

section 4013(b)(4) of this title“(A) the financial resources available to the applicant as certified by the Governor pursuant to ; and

section 4013(b)(5) of this title“(B) the report, if any, of the Secretary of Education pursuant to .”

Pub. L. 101–637, § 6(d)Subsec. (d). , inserted heading and amended text generally. Prior to amendment, text read as follows: “In no event shall financial assistance be provided under this subchapter to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education.”

Pub. L. 101–637, § 14(b)(7)(D)Subsec. (e). , inserted heading.

Pub. L. 101–637, § 14(c)(3)Subsec. (e)(1). , substituted “percent” for “per centum” in two places.

Pub. L. 101–637, § 14(b)(7)(E)Subsec. (f). , inserted heading.

Pub. L. 101–637, § 6(e)section 4022 of this titleSubsec. (f)(3). , substituted “for deposit in the Asbestos Trust Fund established by ” for “for deposit in the general fund”.

Pub. L. 101–637, § 14(b)(7)(F)Subsec. (g). , inserted heading.

Pub. L. 101–637, § 6(f)(1)August 11, 1984Subsec. (g)(1). , substituted “in accordance with such procedures as may be developed by the Administrator” for “within the five-year period beginning on ”.

Pub. L. 101–637, § 6(f)(2)Subsec. (g)(2)(B)(i), (ii). , amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows:

section 4015(b)(2)(B) of this title“(i) any employee engaged in an asbestos material abatement program will be trained and equipped pursuant to ; and

“(ii) no child or inadequately informed or protected school employee will be permitted in the vicinity of any asbestos abatement activity;”.

Pub. L. 101–637 section 4021(b)(1) of this titleSubsec. (g)(3), (4). , §§ 6(f)(3), 14(c)(4), redesignated subpar. (B) appearing after par. (3) as par. (4), inserted a comma after “”, and struck out former par. (4) which read as follows:

“(A) No financial assistance may be provided under this section to any school—

section 2646(a) of title 15“(i) which uses any person who has not been accredited pursuant to section 2646(b) or (c) of title 15, to carry out activities described in , or

section 2646(d) of title 15“(ii) which uses any laboratory which has not been accredited pursuant to , to carry out activities described in such section.

October 22, 1986“(B) This paragraph shall apply to any financial assistance provided under this section after , for activities performed after the following dates:

October 22, 1986“(i) In the case of activities performed by persons, after the date which is one year after .

section 2646(d) of title 15“(ii) 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 .”

Pub. L. 100–368, § 6(b)(1)October 22, 1986August 11, 19841988—Subsec. (g)(4)(B)(i). , substituted reference to , for reference to .

Pub. L. 100–368, § 6(b)(2)section 2646(d) of title 15Subsec. (g)(4)(B)(ii). , substituted “” for “subsection (d)”.

Pub. L. 99–5191986—Subsec. (g)(4). added par. (4).

Statutory Notes and Related Subsidiaries

Financial Assistance To Carry Out Inspections for Asbestos-Containing Material

Pub. L. 99–519, § 4(b)Oct. 22, 1986100 Stat. 2989 15 U.S.C. 2641, , , provided that, notwithstanding subsec. (c) of this section, for fiscal years 1988 and 1989 the Administrator would provide financial assistance under this section in the form of grants to States or local educational agencies to carry out inspections for asbestos-containing material in school buildings and preparation of management plans for school buildings under title II of the Toxic Substances Control Act ( et seq.).