15 U.S.C. § 2642 — Definitions

Page 1908 TITLE 15—COMMERCE AND TRADE § 2629 § 2629. Annual report The Administrator shall prepare and submit to the President and the Congress on or before Jan- uary 1, 1978, and on or before January 1 of each succeeding year a comprehensive report on the administration of this chapter during the pre- ceding fiscal year. Such reports shall include— (1) a list of the testing required under sec- tion 2603 of this title during the year for which the report is made and an estimate of the costs incurred during such year by the persons required to perform such tests; (2) the number of notices received during such year under section 2604 of this title, the number of such notices received during such year under such section for chemical sub- stances subject to a section 2603 rule, order, or consent agreement, and a summary of any ac- tion taken during such year under section 2604(g) of this title; (3) a list of rules issued during such year under section 2605 of this title; (4) a list, with a brief statement of the issues, of completed or pending judicial ac- tions under this chapter and administrative actions under section 2615 of this title during such year; (5) a summary of major problems encoun- tered in the administration of this chapter; and (6) such recommendations for additional leg- islation as the Administrator deems necessary to carry out the purposes of this chapter. (Pub. L. 94–469, title I, § 30, Oct. 11, 1976, 90 Stat. 2050; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, § 19(s), June 22, 2016, 130 Stat. 510.) Editorial Notes AMENDMENTS 2016—Par. (2). Pub. L. 114–182 substituted ‘‘rule, order, or consent agreement’’ for ‘‘rule’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 163 of House Document No. 103–7. SUBCHAPTER II—ASBESTOS HAZARD EMERGENCY RESPONSE § 2641. Congressional findings and purpose (a) Findings The Congress finds the following: (1) The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school build- ings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with re- spect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary. As a result of the lack of regulatory guidance from the Environmental Protection Agency, some schools have not undertaken response action while many others have undertaken expensive projects without knowing if their action is necessary, adequate, or safe. Thus, the danger of exposure to asbestos continues to exist in schools, and some exposure actually may have increased due to the lack of Federal standards and improper response action. (2) There is no uniform program for accred- iting persons involved in asbestos identifica- tion and abatement, nor are local educational agencies required to use accredited contrac- tors for asbestos work. (3) The guidance provided by the Environ- mental Protection Agency in its ‘‘Guidance for Controlling Asbestos-Containing Material in Buildings’’ is insufficient in detail to ensure adequate responses. Such guidance is intended to be used only until the regulations required by this subchapter become effective. (4) Because there are no Federal standards whatsoever regulating daily exposure to asbes- tos in other public and commercial buildings, persons in addition to those comprising the Nation’s school population may be exposed daily to asbestos. (b) Purpose The purpose of this subchapter is— (1) to provide for the establishment of Fed- eral regulations which require inspection for asbestos-containing material and implementa- tion of appropriate response actions with re- spect to asbestos-containing material in the Nation’s schools in a safe and complete man- ner; (2) to mandate safe and complete periodic re- inspection of school buildings following re- sponse actions, where appropriate; and (3) to require the Administrator to conduct a study to find out the extent of the danger to human health posed by asbestos in public and commercial buildings and the means to re- spond to any such danger. (Pub. L. 94–469, title II, § 201, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2970.) § 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 Ad- ministrator of the Environmental Protection Agency. (3) Asbestos The term ‘‘asbestos’’ means asbestiform va- rieties of— (A) chrysotile (serpentine), (B) crocidolite (riebeckite), (C) amosite (cummingtonite-grunerite), Page 1909 TITLE 15—COMMERCE AND TRADE § 2642 (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 Asbes- tos-Containing Material in Buildings’’, means the Environmental Protection Agency docu- ment with such title as in effect on March 31, 1986. (6) Friable asbestos-containing material The term ‘‘friable asbestos-containing mate- rial’’ means any asbestos-containing material applied on ceilings, walls, structural members, piping, duct work, or any other part of a build- ing which when dry may be crumbled, pulver- ized, or reduced to powder by hand pressure. The term includes non-friable asbestos-con- taining material after such previously non-fri- able 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 de- fined in section 7801 of title 20, (B) the owner of any private, nonprofit ele- mentary or secondary school building, and (C) the governing authority of any school operated under the defense dependents’ edu- cation system provided for under the De- fense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.). (8) Most current guidance document The term ‘‘most current guidance docu- ment’’ 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 sec- ondary school’’ means any elementary school 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 in- clude any residential apartment building of fewer than 10 units. (11) Response action The term ‘‘response action’’ means methods that protect human health and the environ- ment from asbestos-containing material. Such methods include methods described in chap- ters 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 school or secondary school as defined in sec- tion 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 facil- ity, or facility used for the preparation of food, (B) any gymnasium or other facility which is specially designed for athletic or rec- reational activities for an academic course in physical education, (C) any other facility used for the instruc- tion 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 Dis- trict of Columbia, the Commonwealth of Puer- to Rico, Guam, American Samoa, the North- ern Marianas, the Trust Territory of the Pa- cific Islands, and the Virgin Islands. (Pub. L. 94–469, title II, § 202, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2971; amended Pub. L. 103–382, title III, § 391(c)(1)–(3), Oct. 20, 1994, 108 Stat. 4022; Pub. L. 107–110, title X, § 1076(f)(1), Jan. 8, 2002, 115 Stat. 2091; Pub. L. 114–95, title IX, § 9215(xxx)(1), Dec. 10, 2015, 129 Stat. 2191.) Editorial Notes REFERENCES IN TEXT The Defense Dependents’ Education Act of 1978, re- ferred to in par. (7)(C), 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. AMENDMENTS 2015—Par. (7)(A). Pub. L. 114–95, § 9215(xxx)(1)(A), made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. Par. (9). Pub. L. 114–95, § 9215(xxx)(1)(B), substituted ‘‘any elementary school or secondary school (as defined in section 7801 of title 20)’’ for ‘‘any elementary or sec- ondary school (as defined in section 7801 of title 20)’’. Par. (12). Pub. L. 114–95, § 9215(xxx)(1)(C), substituted ‘‘elementary school or secondary school as defined in section 7801 of title 20’’ for ‘‘elementary or secondary school as defined in section 7801 of title 20’’. 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 tech- nical amendment to reference to section 8801 of title 20 to reflect change in reference to corresponding section of original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- Page 1910 TITLE 15—COMMERCE AND TRADE § 2643 grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2643. EPA regulations (a) In general Within 360 days after October 22, 1986, the Ad- ministrator shall promulgate regulations as de- scribed in subsections (b) through (i). With re- spect to regulations described in subsections (b), (c), (d), (e), (f), (g), and (i), the Administrator shall issue an advanced notice of proposed rule- making within 60 days after October 22, 1986, and shall propose regulations within 180 days after October 22, 1986. Any regulation promulgated under this section must protect human health and the environment. (b) Inspection The Administrator shall promulgate regula- tions which prescribe procedures, including the use of personnel accredited under section 2646(b) or (c) of this title and laboratories accredited under section 2646(d) of this title, for deter- mining whether asbestos-containing material is present in a school building under the authority of a local educational agency. The regulations shall provide for the exclusion of any school building, or portion of a school building, if (1) an inspection of such school building (or portion) was completed before the effective date of the regulations, and (2) the inspection meets the procedures and other requirements of the regu- lations under this subchapter or of the ‘‘Guid- ance for Controlling Asbestos-Containing Mate- rials in Buildings’’ (unless the Administrator de- termines that an inspection in accordance with the guidance document is inadequate). The regu- lations shall require inspection of any school building (or portion of a school building) that is not excluded by the preceding sentence. (c) Circumstances requiring response actions (1) The Administrator shall promulgate regu- lations which define the appropriate response action in a school building under the authority of a local educational agency in at least the fol- lowing circumstances: (A) Damage Circumstances in which friable asbestos-con- taining material or its covering is damaged, deteriorated, or delaminated. (B) Significant damage Circumstances in which friable asbestos-con- taining material or its covering is signifi- cantly damaged, deteriorated, or delaminated. (C) Potential damage Circumstances in which— (i) friable asbestos-containing material is in an area regularly used by building occu- pants, including maintenance personnel, in the course of their normal activities, and (ii) there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated. (D) Potential significant damage Circumstances in which— (i) friable asbestos-containing material is in an area regularly used by building occu- pants, including maintenance personnel, in the course of their normal activities, and (ii) there is a reasonable likelihood that the material or its covering will become sig- nificantly damaged, deteriorated, or delaminated. (2) In promulgating such regulations, the Ad- ministrator shall consider and assess the value of various technologies intended to improve the decisionmaking process regarding response ac- tions and the quality of any work that is deemed necessary, including air monitoring and chem- ical encapsulants. (d) Response actions (1) In general The Administrator shall promulgate regula- tions describing a response action in a school building under the authority of a local edu- cational agency, using the least burdensome methods which protect human health and the environment. In determining the least burden- some methods, the Administrator shall take into account local circumstances, including occupancy and use patterns within the school building and short- and long-term costs. (2) Response action for damaged asbestos In the case of a response action for the cir- cumstances described in subsection (c)(1)(A), methods for responding shall include methods identified in chapters 3 and 5 of the ‘‘Guidance for Controlling Asbestos-Containing Material in Buildings’’. (3) Response action for significantly damaged asbestos In the case of a response action for the cir- cumstances described in subsection (c)(1)(B), methods for responding shall include methods identified in chapter 5 of the ‘‘Guidance for Controlling Asbestos-Containing Material in Buildings’’. (4) Response action for potentially damaged as- bestos In the case of a response action for the cir- cumstances described in subsection (c)(1)(C), methods for responding shall include methods identified in chapters 3 and 5 of the ‘‘Guidance for Controlling Asbestos-Containing Material in Buildings’’, unless preventive measures will eliminate the reasonable likelihood that the asbestos-containing material will become damaged, deteriorated, or delaminated. (5) Response action for potentially signifi- cantly damaged asbestos In the case of a response action for the cir- cumstances described in subsection (c)(1)(D),