§2642 — Title 15 Commerce and Trade | U.S. Code

Summary

Defines the key words used in this part of the law. "Accredited asbestos contractor" is a person accredited under section 2646. "Administrator" is the head of the Environmental Protection Agency. "Asbestos" means the asbestiform types chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite. "Asbestos-containing material" is any material with more than 1 percent asbestos by weight. "Guidance for Controlling Asbestos-Containing Material in Buildings" is the EPA document with that title as it existed on March 31, 1986, and "most current guidance document" is that guidance as updated after March 31, 1986. "Friable asbestos-containing material" is ACM that, when dry, can be crumbled or reduced to powder by hand, and it also includes non-friable material that becomes so damaged. "Local educational agency" includes the local education unit in federal law, owners of private nonprofit K–12 school buildings, and authorities running Defense Dependents' Education Act schools. "Non-profit elementary or secondary school" is a K–12 school run by a nonprofit whose net earnings do not benefit private owners. "Public and commercial building" means any building that is not a school building, except it does not include residential apartment buildings with fewer than 10 units. "Response action" means methods to protect people and the environment from asbestos, including those in chapters 3 and 5 of the EPA guidance. "School" means an elementary or secondary school as defined in federal law. "School building" covers classrooms and related facilities (labs, libraries, cafeterias, gyms, admin spaces, and maintenance or utility areas). "State" includes the States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands.

Title 15, §2642

Commerce and Trade — Source: USLM XML via OLRC

For purposes of this subchapter—

(1)The term “accredited asbestos contractor” means a person accredited pursuant to the provisions of section 2646 of this title.

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

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

(5)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)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)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)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)The term “non-profit elementary or secondary 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)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)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)The term “school” means any elementary school or secondary school as defined in section 7801 of title 20.

(13)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)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.

Notes & Related Subsidiaries

Editorial Notes

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, 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 secondary 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 technical 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 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs 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 AmendmentAmendment 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.

Executive Documents

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.

§2642 Definitions

Summary

Title 15, §2642

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Executive Documents

Citations & Metadata