15 U.S.C. § 2681 — Definitions

Page 1929 TITLE 15—COMMERCE AND TRADE § 2681 (e) Termination of funding No funding may be given under this section in any fiscal year to an applicant which in the pre- ceding fiscal year received funding under this section unless the Administrator determines that the recipient satisfactorily implemented the activities that were funded in the preceding year. (f) Authorization There is authorized to be appropriated to carry out the program under this section not to exceed $1,000,000 for each of fiscal years 1989, 1990, and 1991. (Pub. L. 94–469, title III, § 308, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2762.) § 2669. Study of radon in Federal buildings (a) Study requirement The head of each Federal department or agen- cy that owns a Federal building shall conduct a study for the purpose of determining the extent of radon contamination in such buildings. Such study shall include, in the case of a Federal building using a nonpublic water source (such as a well or other groundwater), radon contamina- tion of the water. (b) High-risk Federal buildings (1) The Administrator shall identify and com- pile a list of areas within the United States which the Administrator, in consultation with Federal departments and agencies, determines have a high probability of including Federal buildings which have elevated levels of radon. (2) In compiling such list, the Administrator shall make such determinations on the basis of, among other things, the following: (A) Geological data. (B) Data on high radon levels in homes and other structures near any such Federal build- ing. (C) Physical characteristics of the Federal buildings. (c) Study designs Studies required under subsection (a) shall be based on design criteria specified by the Admin- istrator. The head of each Federal department or agency conducting such a study shall submit, not later than July 1, 1989, a study design to the Administrator for approval. The study design shall follow the most recent Environmental Pro- tection Agency guidance documents, including ‘‘A Citizen’s Guide to Radon’’; the ‘‘Interim Pro- tocol for Screening and Follow Up: Radon and Radon Decay Products Measurements’’; the ‘‘In- terim Indoor Radon & Radon Decay Product Measurement Protocol’’; and any other recent guidance documents. The study design shall in- clude testing data from a representative sample of Federal buildings in each high-risk area iden- tified in subsection (b). The study design also shall include additional testing data to the ex- tent resources are available, including any reli- able data supplied by Federal agencies, States, or other parties. (d) Information on risks and testing (1) The Administrator shall provide to the de- partments or agencies conducting studies under subsection (a) the following: (A) Guidance and data detailing the risks as- sociated with high radon levels. (B) Technical guidance and related informa- tion concerning testing for radon within Fed- eral buildings and water supplies. (C) Technical guidance and related informa- tion concerning methods for reducing radon levels. (2) In addition to the assistance required by paragraph (1), the Administrator is authorized to make available, on a cost reimbursable basis, to the departments or agencies conducting stud- ies under subsection (a) devices suitable for use by such departments or agencies in conducting tests for radon within Federal buildings. For the purpose of assisting such departments or agen- cies in evaluating any such devices for the pres- ence of radon levels, the Administrator is au- thorized to recommend laboratories or to make available to such departments or agencies, on a cost reimbursable basis, the use of laboratories of the Environmental Protection Agency. (e) Study deadline Not later than June 1, 1990, the head of each Federal department or agency conducting a study under subsection (a) shall complete the study and provide the study to the Adminis- trator. (f) Report to Congress Not later than October 1, 1990, the Adminis- trator shall submit a report to the Congress de- scribing the results of the studies conducted pursuant to subsection (a). (Pub. L. 94–469, title III, § 309, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2763.) § 2670. Regulations The Administrator is authorized to issue such regulations as may be necessary to carry out the provisions of this subchapter. (Pub. L. 94–469, title III, § 310, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2764.) § 2671. Additional authorizations Amounts authorized to be appropriated in this subchapter for purposes of carrying out the pro- visions of this subchapter are in addition to amounts authorized to be appropriated under other provisions of law for radon-related activi- ties. (Pub. L. 94–469, title III, § 311, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2764.) SUBCHAPTER IV—LEAD EXPOSURE REDUCTION § 2681. Definitions For the purposes of this subchapter: (1) Abatement The term ‘‘abatement’’ means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Administrator under this subchapter. Such term includes— (A) the removal of lead-based paint and lead-contaminated dust, the permanent con- Page 1930 TITLE 15—COMMERCE AND TRADE § 2681 tainment or encapsulation of lead-based paint, the replacement of lead-painted sur- faces or fixtures, and the removal or cov- ering of lead-contaminated soil; and (B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) Accessible surface The term ‘‘accessible surface’’ means an in- terior or exterior surface painted with lead- based paint that is accessible for a young child to mouth or chew. (3) Deteriorated paint The term ‘‘deteriorated paint’’ means any interior or exterior paint that is peeling, chip- ping, chalking or cracking or any paint lo- cated on an interior or exterior surface or fix- ture that is damaged or deteriorated. (4) Evaluation The term ‘‘evaluation’’ means risk assess- ment, inspection, or risk assessment and in- spection. (5) Friction surface The term ‘‘friction surface’’ means an inte- rior or exterior surface that is subject to abra- sion or friction, including certain window, floor, and stair surfaces. (6) Impact surface The term ‘‘impact surface’’ means an inte- rior or exterior surface that is subject to dam- age by repeated impacts, for example, certain parts of door frames. (7) Inspection The term ‘‘inspection’’ means (A) a surface- by-surface investigation to determine the presence of lead-based paint, as provided in section 4822(c) of title 42, and (B) the provision of a report explaining the results of the inves- tigation. (8) Interim controls The term ‘‘interim controls’’ means a set of measures designed to reduce temporarily human exposure or likely exposure to lead- based paint hazards, including specialized cleaning, repairs, maintenance, painting, tem- porary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of man- agement and resident education programs. (9) Lead-based paint The term ‘‘lead-based paint’’ means paint or other surface coatings that contain lead in ex- cess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or (A) in the case of paint or other surface coatings on target hous- ing, such lower level as may be established by the Secretary of Housing and Urban Develop- ment, as defined in section 4822(c) of title 42, or (B) in the case of any other paint or surface coatings, such other level as may be estab- lished by the Administrator. (10) Lead-based paint hazard The term ‘‘lead-based paint hazard’’ means any condition that causes exposure to lead from lead-contaminated dust, lead-contami- nated soil, lead-contaminated paint that is de- teriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Administrator under this subchapter. (11) Lead-contaminated dust The term ‘‘lead-contaminated dust’’ means surface dust in residential dwellings that con- tains an area or mass concentration of lead in excess of levels determined by the Adminis- trator under this subchapter to pose a threat of adverse health effects in pregnant women or young children. (12) Lead-contaminated soil The term ‘‘lead-contaminated soil’’ means bare soil on residential real property that con- tains lead at or in excess of the levels deter- mined to be hazardous to human health by the Administrator under this subchapter. (13) Reduction The term ‘‘reduction’’ means measures de- signed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. (14) Residential dwelling The term ‘‘residential dwelling’’ means— (A) a single-family dwelling, including at- tached structures such as porches and stoops; or (B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (15) Residential real property The term ‘‘residential real property’’ means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (16) Risk assessment The term ‘‘risk assessment’’ means an on- site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwell- ings, including— (A) information gathering regarding the age and history of the housing and occu- pancy by children under age 6; (B) visual inspection; (C) limited wipe sampling or other envi- ronmental sampling techniques; (D) other activity as may be appropriate; and (E) provision of a report explaining the re- sults of the investigation. (17) Target housing The term ‘‘target housing’’ means any hous- ing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is ex- pected to reside in such housing). In the case Page 1931 TITLE 15—COMMERCE AND TRADE § 2682 of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary of Housing and Urban Development, at the Secretary’s discretion, may designate an ear- lier date. (Pub. L. 94–469, title IV, § 401, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3912; amended Pub. L. 115–31, div. K, title II, § 237(c), May 5, 2017, 131 Stat. 789.) Editorial Notes AMENDMENTS 2017—Par. (17). Pub. L. 115–31, § 237(c)(1), which di- rected insertion of ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’, was executed by making the insertion after ‘‘disabilities’’ the first place appearing to reflect the probable intent of Congress. Pub. L. 115–31, § 237(c)(2), which directed substitution of ‘‘housing)’’ for ‘‘housing for the elderly or persons with disabilities) or any 0 bedroom dwelling’’, was exe- cuted by making the substitution for ‘‘housing for the elderly or persons with disabilities) or any 0-bedroom dwelling’’ to reflect the probable intent of Congress. § 2682. Lead-based paint activities training and certification (a) Regulations (1) In general Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Sec- retary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promul- gate final regulations governing lead-based paint activities to ensure that individuals en- gaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint ac- tivities, taking into account reliability, effec- tiveness, and safety. Such regulations shall re- quire that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified con- tractors, as such term is defined in section 4851b of title 42. The provisions of this section shall supersede the provisions set forth under the heading ‘‘Lead Abatement Training and Certification’’ and under the heading ‘‘Train- ing Grants’’ in title III of the Act entitled ‘‘An Act making appropriations for the Depart- ments of Veterans Affairs and Housing and Urban Development, and for sundry inde- pendent agencies, commissions, corporations, and offices for the fiscal year ending Sep- tember 30, 1992, and for other purposes’’, Pub- lic Law 102–139 [105 Stat. 765, 42 U.S.C. 4822 note], and upon October 28, 1992, the provisions set forth in such public law under such head- ings shall cease to have any force and effect. (2) Accreditation of training programs Final regulations promulgated under para- graph (1) shall contain specific requirements for the accreditation of lead-based paint ac- tivities training programs for workers, super- visors, inspectors and planners, and other indi- viduals involved in lead-based paint activities, including, but not limited to, each of the fol- lowing: (A) Minimum requirements for the accred- itation of training providers. (B) Minimum training curriculum require- ments. (C) Minimum training hour requirements. (D) Minimum hands-on training require- ments. (E) Minimum trainee competency and pro- ficiency requirements. (F) Minimum requirements for training program quality control. (3) Accreditation and certification fees The Administrator (or the State in the case of an authorized State program) shall impose a fee on— (A) persons operating training programs accredited under this subchapter; and (B) lead-based paint activities contractors certified in accordance with paragraph (1). The fees shall be established at such level as is necessary to cover the costs of administering and enforcing the standards and regulations under this section which are applicable to such programs and contractors. The fee shall not be imposed on any State, local govern- ment, or nonprofit training program. The Ad- ministrator (or the State in the case of an au- thorized State program) may waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of training their own employees. (b) Lead-based paint activities For purposes of this subchapter, the term ‘‘lead-based paint activities’’ means— (1) in the case of target housing, risk assess- ment, inspection, and abatement; and (2) in the case of any public building con- structed before 1978, commercial building, bridge, or other structure or superstructure, identification of lead-based paint and mate- rials containing lead-based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph (2), the term ‘‘deleading’’ means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such ac- tivities. (c) Renovation and remodeling (1) Guidelines In order to reduce the risk of exposure to lead in connection with renovation and remod- eling of target housing, public buildings con- structed before 1978, and commercial build- ings, the Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged in such renova- tion and remodeling through hardware and paint stores, employee organizations, trade groups, State and local agencies, and through other appropriate means. (2) Study of certification The Administrator shall conduct a study of the extent to which persons engaged in various