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U.S. Code as of:
01/19/04
Section 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.
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