§ 2642. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2642]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2642. Definitions
For purposes of this subchapter--
(1) Accredited asbestos contractor
The term ``accredited asbestos contractor'' means a person
accredited pursuant to the provisions of section 2646 of this title.
(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
The term ``Guidance for Controlling Asbestos-Containing Material
in Buildings'', means the Environmental Protection Agency document
with such title as in effect on March 31, 1986.
(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) any local educational agency as defined in section 7801
of title 20,
(B) the owner of any private, nonprofit elementary or
secondary school building, and
(C) the governing authority of any school operated under the
defense dependents' education system provided for under the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
seq.).
(8) Most current guidance document
The 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 March 31, 1986.
(9) Non-profit elementary or secondary school
The term ``non-profit elementary or secondary school'' means any
elementary or secondary school (as defined in section 7801 of title
20) 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
The term ``school'' means any elementary or secondary school as
defined in section 7801 of title 20.
(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, Sec. 202, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2971; amended Pub. L. 103-382, title III,
Sec. 391(c)(1)-(3), Oct. 20, 1994, 108 Stat. 4022; Pub. L. 107-110,
title X, Sec. 1076(f)(1), Jan. 8, 2002, 115 Stat. 2091.)
References in Text
The Defense Dependents' Education Act of 1978, referred to in par.
(7)(C), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2365, as
amended, which is classified principally to chapter 25A (Sec. 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.
Amendments
2002--Pars. (7)(A), (9), (12). Pub. L. 107-110 substituted ``7801''
for ``8801''.
1994--Pars. (7)(A), (9), (12). Pub. L. 103-382 made technical
amendment to reference to section 8801 of title 20 to reflect change in
reference to corresponding section of original act.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 2662 of this title; title 20
section 4020.
