15 U.S.C. § 2642 | Definitions

For purposes of this subchapter—

(1)

Accredited asbestos contractor

section 2646 of this titleThe term “accredited asbestos contractor” means a person accredited pursuant to the provisions of .

(2)

Administrator

The term “Administrator” means the Administrator of the Environmental Protection Agency.

(3)

Asbestos

The term “asbestos” means asbestiform varieties of—

(A)

chrysotile (serpentine),

(B)

crocidolite (riebeckite),

(C)

amosite (cummingtonite-grunerite),

(D)

anthophyllite,

(E)

tremolite, or

(F)

actinolite.

(4)

Asbestos-containing material

The term “asbestos-containing material” means any material which contains more than 1 percent asbestos by weight.

(5)

EPA guidance document

March 31, 1986The term “Guidance for Controlling Asbestos-Containing Material in Buildings”, means the Environmental Protection Agency document with such title as in effect on .

(6)

Friable asbestos-containing material

The term “friable asbestos-containing material” means any asbestos-containing material applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

(7)

Local educational agency

The term “local educational agency” means—

(A)

section 7801 of title 20 any local educational agency as defined in ,

(B)

the owner of any private, nonprofit elementary or secondary school building, and

(C)

20 U.S.C. 921 the governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 ( et seq.).

(8)

Most current guidance document

March 31, 1986The term “most current guidance document” means the Environmental Protection Agency’s “Guidance for Controlling Asbestos-Containing Material in Buildings” as modified by the Environmental Protection Agency after .

(9)

Non-profit elementary or secondary school

section 7801 of title 20The term “non-profit elementary or secondary school” means any elementary school or secondary school (as defined in ) owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(10)

Public and commercial building

The term “public and commercial building” means any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units.

(11)

Response action

The term “response action” means methods that protect human health and the environment from asbestos-containing material. Such methods include methods described in chapters 3 and 5 of the Environmental Protection Agency’s “Guidance for Controlling Asbestos-Containing Materials in Buildings”.

(12)

School

section 7801 of title 20The term “school” means any elementary school or secondary school as defined in .

(13)

School building

The term “school building” means—

(A)

any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food,

(B)

any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education,

(C)

any other facility used for the instruction of students or for the administration of educational or research programs, and

(D)

any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in subparagraphs (A), (B), or (C).

(14)

State

The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianas, the Trust Territory of the Pacific Islands, and the Virgin Islands.

Pub. L. 94–469, title II, § 202 Pub. L. 99–519, § 2Oct. 22, 1986100 Stat. 2971 Pub. L. 103–382, title III, § 391(c)(1)Oct. 20, 1994108 Stat. 4022 Pub. L. 107–110, title X, § 1076(f)(1)Jan. 8, 2002115 Stat. 2091 Pub. L. 114–95, title IX, § 9215(xxx)(1)Dec. 10, 2015129 Stat. 2191(, as added , , ; amended –(3), , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 95–561Nov. 1, 197892 Stat. 2365 section 921 of Title 20The Defense Dependents’ Education Act of 1978, referred to in par. (7)(C), is title XIV of , , , 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 and Tables.

Amendments

Pub. L. 114–95, § 9215(xxx)(1)(A)section 7801 of title 202015—Par. (7)(A). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 9215(xxx)(1)(B)section 7801 of title 20 section 7801 of title 20Par. (9). , substituted “any elementary school or secondary school (as defined in )” for “any elementary or secondary school (as defined in )”.

Pub. L. 114–95, § 9215(xxx)(1)(C)section 7801 of title 20 section 7801 of title 20Par. (12). , substituted “elementary school or secondary school as defined in ” for “elementary or secondary school as defined in ”.

Pub. L. 107–1102002—Pars. (7)(A), (9), (12). substituted “7801” for “8801”.

Pub. L. 103–382 section 8801 of title 201994—Pars. (7)(A), (9), (12). made technical amendment to reference to to reflect change in reference to corresponding section of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Effective Date of 2002 Amendment

Pub. L. 107–110Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date note under , Education.

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.