- 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.
- accessible surface
means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
- accredited asbestos contractor
means a person accredited pursuant to the provisions of section 2646 of this title.
- Administrator
means the Administrator of the Environmental Protection Agency.
- applicable review period
means the period starting on the date the Administrator receives a notice under subsection (a)(1) and ending 90 days after that date, or on such date as is provided for in subsection (b)(1) or (c).
- asbestos
means asbestiform varieties of—
- asbestos-containing material
means any material which contains more than 1 percent asbestos by weight.
- category of chemical substances
means a group of chemical substances the members of which are similar in molecular structure, in physical, chemical, or biological properties, in use, or in mode of entrance into the human body or into the environment, or the members of which are in some other way suitable for classification as such for purposes of this chapter, except that such term does not mean a group of chemical substances which are grouped together solely on the basis of their being new chemical substances.
- category of mixtures
means a group of mixtures the members of which are similar in molecular structure, in physical, chemical, or biological properties, in use, or in the mode of entrance into the human body or into the environment, or the members of which are in some other way suitable for classification as such for purposes of this chapter.
- chemical substance
means any organic or inorganic substance of a particular molecular identity, including—
- commerce
means trade, traffic, transportation, or other commerce (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, transportation, or commerce described in clause (A).
- complex consumer goods
means electronic or mechanical devices composed of multiple manufactured components, with an intended useful life of 3 or more years, where the product is typically not consumed, destroyed, or discarded after a single use, and the components of which would be impracticable to redesign or replace;
- complex durable goods
means manufactured goods composed of 100 or more manufactured components, with an intended useful life of 5 or more years, where the product is typically not consumed, destroyed, or discarded after a single use.
- conditions of use
means the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of.
- deleading
means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such activities.
- deteriorated paint
means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated.
- emergency repair
means a repair in a school building that was not planned and was in response to a sudden, unexpected event that threatens either—
- environment
includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.
- evaluation
means risk assessment, inspection, or risk assessment and inspection.
- finished good
means any good or product (other than a panel) containing—
- 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.
- friction surface
means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
- guidance
means any significant written guidance of general applicability prepared by the Administrator.
- hardwood plywood
means a hardwood or decorative panel that is—
- health and safety study
means any study of any effect of a chemical substance or mixture on health or the environment or on both, including underlying information and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological studies of a chemical substance or mixture, and any test performed pursuant to this chapter.
- imminently hazardous chemical substance or mixture
means a chemical substance or mixture which presents an imminent and unreasonable risk of serious or widespread injury to health or the environment, without consideration of costs or other nonrisk factors.
- impact surface
means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames.
- 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 investigation.
- 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, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
- laminated product
means a product—
- lead-based paint
means paint or other surface coatings that contain lead in excess 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 housing, such lower level as may be established by the Secretary of Housing and Urban Development, 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 established by the Administrator.
- lead-based paint activities
means— 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 activities.
- lead-based paint hazard
means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated 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.
- lead-contaminated dust
means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the Administrator under this subchapter to pose a threat of adverse health effects in pregnant women or young children.
- lead-contaminated soil
means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the Administrator under this subchapter.
- local educational agency
means—
- manufacture
means to import into the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), produce, or manufacture.
- manufactured home
has the meaning given the term in section 3280.2 of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)).
- medium-density fiberboard
means a panel composed of cellulosic fibers made by dry forming and pressing a resinated fiber mat (as determined under the standard numbered ANSI A208.2–2009).
- mercury
means—
- mixture
means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction;
- modular home
means a home that is constructed in a factory in 1 or more modules—
- 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.
- new chemical substance
means any chemical substance which is not included in the chemical substance list compiled and published under section 2607(b) of this title.
- no-added formaldehyde-based resin
means a resin formulated with no added formaldehyde as part of the resin cross-linking structure in a composite wood product that meets the emission standards in subparagraph (C) as measured by—
- 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.
- nonprofit elementary or secondary school
has the meaning given such term by section 2642(8) 1 of this title.
- particleboard
means a panel composed of cellulosic material in the form of discrete particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin (as determined under the standard numbered ANSI A208.1–2009).
- potentially exposed or susceptible subpopulation
means a group of individuals within the general population identified by the Administrator who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture, such as infants, children, pregnant women, workers, or the elderly.
- preventive measures
means actions which eliminate the reasonable likelihood of asbestos-containing material becoming damaged, deteriorated, or delaminated, or significantly damaged 1 deteriorated, or delaminated (as the case may be) or which protect human health and the environment.
- process
means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce—
- processor
means any person who processes a chemical substance or mixture.
- protocols and methodologies for the development of information
means a prescription of—
- 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.
- radon
means the radioactive gaseous element and its short-lived decay products produced by the disintegration of the element radium occurring in air, water, soil, or other media.
- recreational vehicle
has the meaning given the term in section 3282.8 of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)).
- reduction
means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
- residential dwelling
means—
- 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.
- response action
means methods that protect human health and the environment from asbestos-containing material.
- risk assessment
means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including—
- school
means any elementary school or secondary school as defined in section 7801 of title 20.
- school building
has the meaning given such term by section 2642(13) of this title.
- State
means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States.
- stockpiling
means manufacturing or purchasing a composite wood product or finished good containing a regulated composite wood product between July 7, 2010, and the date 180 days following the promulgation of the regulations pursuant to this subsection at a rate which is significantly greater (as determined by the Administrator) than the rate at which such product or good was manufactured or purchased during a base period (as determined by the Administrator) ending before July 7, 2010.
- target housing
means any housing 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 expected to reside in such housing).
- totally enclosed manner
means any manner which will ensure that any exposure of human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule.
- ultra low-emitting formaldehyde resin
means a resin in a composite wood product that meets the emission standards in subparagraph (C) as measured by—
- violation
means a failure to comply with respect to a single school building.