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(continued)
homes, the Administrator should select homes of low-income
persons, to the maximum extent practicable and consistent with
the objectives of the demonstration.
(7) Establishment of a national data base with data organized
by State concerning the location and amounts of radon.
(8) Development and demonstration of methods of radon
measurement and mitigation that take into account unique
characteristics, if any, of nonresidential buildings housing
child care facilities.
(b) Discretionary assistance
Upon request of a State, the Administrator (or another Federal
department or agency designated by the Administrator) may provide
technical assistance to such State in development or implementation
of programs addressing radon. Such assistance may include, but is
not limited to, the following:
(1) Design and implementation of surveys of the location and
occurrence of radon within a State.
(2) Design and implementation of public information and
education programs.
(3) Design and implementation of State programs to control
radon in existing or new structures.
(4) Assessment of mitigation alternatives in unusual or
unconventional structures.
(5) Design and implementation of methods for radon measurement
and mitigation for nonresidential buildings housing child care
facilities.
(c) Information provided to professional organizations
The Administrator, or another Federal department or agency
designated by the Administrator, shall provide appropriate
information concerning technology and methods of radon assessment
and mitigation to professional organizations representing private
firms involved in building design, engineering, and construction.
(d) Proficiency rating program and training seminar
(1) Authorization
There is authorized to be appropriated not more than $1,500,000
for the purposes of initially establishing the proficiency rating
program under subsection (a)(2) of this section and the training
seminars under subsection (a)(3) of this section.
(2) Charge imposed
To cover the operating costs of such proficiency rating program
and training seminars, the Administrator shall impose on persons
applying for a proficiency rating and on private and professional
firms participating in training seminars such charges as may be
necessary to defray the costs of the program or seminars. No such
charge may be imposed on any State or local government.
(3) Special account
Funds derived from the charges imposed under paragraph (2)
shall be deposited in a special account in the Treasury. Amounts
in the special account are authorized to be appropriated only for
purposes of administering such proficiency rating program or
training seminars or for reimbursement of funds appropriated to
the Administrator to initially establish such program or
seminars.
(4) Reimbursement of general fund
During the first three years of the program and seminars, the
Administrator shall make every effort, consistent with the goals
and successful operation of the program and seminars, to set
charges imposed under paragraph (2) so that an amount in excess
of operation costs is collected. Such excess amount shall be used
to reimburse the General Fund of the Treasury for the full amount
appropriated to initially establish the program and seminars.
(5) Research
The Administrator shall, in conjunction with other Federal
agencies, conduct research to develop, test, and evaluate radon
and radon progeny measurement methods and protocols. The purpose
of such research shall be to assess the ability of those methods
and protocols to accurately assess exposure to radon progeny.
Such research shall include -
(A) conducting comparisons among radon and radon progeny
measurement techniques;
(B) developing measurement protocols for different building
types under varying operating conditions; and
(C) comparing the exposures estimated by stationary monitors
and protocols to those measured by personal monitors, and issue
guidance documents that -
(i) provide information on the results of research
conducted under this paragraph; and
(ii) describe model State radon measurement and mitigation
programs.
(6) Mandatory proficiency testing program study
(A) The Administrator shall conduct a study to determine the
feasibility of establishing a mandatory proficiency testing
program that would require that -
(i) any product offered for sale, or device used in
connection with a service offered to the public, for the
measurement of radon meets minimum performance criteria; and
(ii) any operator of a device, or person employing a
technique, used in connection with a service offered to the
public for the measurement of radon meets a minimum level of
proficiency.
(B) The study shall also address procedures for -
(i) ordering the recall of any product sold for the
measurement of radon which does not meet minimum performance
criteria;
(ii) ordering the discontinuance of any service offered to
the public for the measurement of radon which does not meet
minimum performance criteria; and
(iii) establishing adequate quality assurance requirements
for each company offering radon measurement services to the
public to follow.
The study shall identify enforcement mechanisms necessary to the
success of the program. The Administrator shall report the
findings of the study with recommendations to Congress by March
1, 1991.
(7) User fee
In addition to any charge imposed pursuant to paragraph (2),
the Administrator shall collect user fees from persons seeking
certification under the radon proficiency program in an amount
equal to $1,500,000 to cover the Environmental Protection
Agency's cost of conducting research pursuant to paragraph (5)
for each of the fiscal years 1991, 1992, 1993, 1994, and 1995.
Such funds shall be deposited in the account established pursuant
to paragraph (3).
(e) Authorization
(1) There is authorized to be appropriated for the purposes of
carrying out sections 2663, 2664, and 2665 of this title an amount
not to exceed $3,000,000 for each of fiscal years 1989, 1990, and
1991.
(2) No amount appropriated under this subsection may be used by
the Environmental Protection Agency to administer the grant program
under section 2666 of this title.
(3) No amount appropriated under this subsection may be used to
cover the costs of the proficiency rating program under subsection
(a)(2) of this section.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 305, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2756; amended Pub. L. 101-508,
title X, Sec. 10202, Nov. 5, 1990, 104 Stat. 1388-393; Pub. L.
104-66, title II, Sec. 2021(l), Dec. 21, 1995, 109 Stat. 728.)
-MISC1-
AMENDMENTS
1995 - Subsecs. (d) to (f). Pub. L. 104-66 redesignated subsecs.
(e) and (f) as (d) and (e), respectively, and struck out heading
and text of former subsec. (d). Text read as follows: "Within 9
months after October 28, 1988, and annually thereafter, the
Administrator shall submit to Congress a plan identifying
assistance to be provided under this section and outlining
personnel and financial resources necessary to implement this
section. Prior to submission to Congress, this plan shall be
reviewed by the advisory groups provided for in section 403(c) of
the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.
7401 note)."
1990 - Subsec. (e)(5) to (7). Pub. L. 101-508 added pars. (5) to
(7).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2666 of this title; title
42 section 4370c.
-End-
-CITE-
15 USC Sec. 2666 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2666. Grant assistance to States for radon programs
-STATUTE-
(a) In general
For each fiscal year, upon application of the Governor of a
State, the Administrator may make a grant, subject to such terms
and conditions as the Administrator considers appropriate, under
this section to the State for the purpose of assisting the State in
the development and implementation of programs for the assessment
and mitigation of radon.
(b) Application
An application for a grant under this section in any fiscal year
shall contain such information as the Administrator shall require,
including each of the following:
(1) A description of the seriousness and extent of radon
exposure in the State.
(2) An identification of the State agency which has the primary
responsibility for radon programs and which will receive the
grant, a description of the roles and responsibilities of the
lead State agency and any other State agencies involved in radon
programs, and description of the roles and responsibilities of
any municipal, district, or areawide organization involved in
radon programs.
(3) A description of the activities and programs related to
radon which the State proposes in such year.
(4) A budget specifying Federal and State funding of each
element of activity of the grant application.
(5) A 3-year plan which outlines long range program goals and
objectives, tasks necessary to achieve them, and resource
requirements for the entire 3-year period, including anticipated
State funding levels and desired Federal funding levels. This
clause shall apply only for the initial year in which a grant
application is made.
(c) Eligible activities
Activities eligible for grant assistance under this section are
the following:
(1) Survey of radon levels, including special surveys of
geographic areas or classes of buildings (such as, among others,
public buildings, school buildings, high-risk residential
construction types).
(2) Development of public information and educational materials
concerning radon assessment, mitigation, and control programs.
(3) Implementation of programs to control radon in existing and
new structures.
(4) Purchase by the State of radon measurement equipment or
devices.
(5) Purchase and maintenance of analytical equipment connected
to radon measurement and analysis, including costs of calibration
of such equipment.
(6) Payment of costs of Environmental Protection
Agency-approved training programs related to radon for permanent
State or local employees.
(7) Payment of general overhead and program administration
costs.
(8) Development of a data storage and management system for
information concerning radon occurrence, levels, and programs.
(9) Payment of costs of demonstration of radon mitigation
methods and technologies as approved by the Administrator,
including State participation in the Environmental Protection
Agency Home Evaluation Program.
(10) A toll-free radon hotline to provide information and
technical assistance.
(d) Preference to certain States
Beginning in fiscal year 1991, the Administrator shall give a
preference for grant assistance under this section to States that
have made reasonable efforts to ensure the adoption, by the
authorities which regulate building construction within that State
or political subdivisions within States, of the model construction
standards and techniques for new buildings developed under section
2664 of this title.
(e) Priority activities and projects
The Administrator shall support eligible activities contained in
State applications with the full amount of available funds. In the
event that State applications for funds exceed the total funds
available in a fiscal year, the Administrator shall give priority
to activities or projects proposed by States based on each of the
following criteria:
(1) The seriousness and extent of the radon contamination
problem to be addressed.
(2) The potential for the activity or project to bring about
reduction in radon levels.
(3) The potential for development of innovative radon
assessment techniques, mitigation measures as approved by the
Administrator, or program management approaches which may be of
use to other States.
(4) Any other uniform criteria that the Administrator deems
necessary to promote the goals of the grant program and that the
Administrator provides to States before the application process.
(f) Federal share
The Federal share of the cost of radon program activities
implemented with Federal assistance under this section in any
fiscal year shall not exceed 75 percent of the costs incurred by
the State in implementing such program in the first year of a grant
to such State, 60 percent in the second year, and 50 percent in the
third year. Federal assistance shall be made on the condition that
the non-Federal share is provided from non-Federal funds.
(g) Assistance to local governments
States may, at the Governor's discretion, use funds from grants
under this section to assist local governments in implementation of
activities eligible for assistance under paragraphs (2), (3), and
(6) of subsection (c) of this section.
(h) Information
(1) The Administrator may request such information, data, and
reports developed by the State as he considers necessary to make
the determination of continuing eligibility under this section.
(2) Any State receiving funds under this section shall provide to
the Administrator all radon-related information generated in its
activities, including the results of radon surveys, mitigation
demonstration projects, and risk communication studies.
(3) Any State receiving funds under this section shall maintain,
and make available to the public, a list of firms and individuals
within the State that have received a passing rating under the
Environmental Protection Agency proficiency rating program referred
to in section 2665(a)(2) of this title. The list shall also include
the address and phone number of such firms and individuals,
together with the proficiency rating received by each. The
Administrator shall make such list available to the public at
appropriate locations in each State which does not receive funds
under this section unless the State assumes such responsibility.
(i) Limitations
(1) No grant may be made under this section in any fiscal year to
a State which in the preceding fiscal year received a grant under
this section unless the Administrator determines that such State
satisfactorily implemented the activities funded by the grant in
such preceding fiscal year.
(2) The costs of implementing paragraphs (4) and (9) of
subsection (c) of this section shall not in the aggregate exceed 50
percent of the amount of any grant awarded under this section to a
State in a fiscal year. In implementing such paragraphs, a State
should make every effort, consistent with the goals and successful
operation of the State radon program, to give a preference to
low-income persons.
(3) The costs of general overhead and program administration
under subsection (c)(7) of this section shall not exceed 25 percent
of the amount of any grant awarded under this section to a State in
a fiscal year.
(4) A State may use funds received under this section for
financial assistance to persons only to the extent such assistance
is related to demonstration projects or the purchase and analysis
of radon measurement devices.
(j) Authorization
(1) There is authorized to be appropriated for grant assistance
under this section an amount not to exceed $10,000,000 for each of
fiscal years 1989, 1990, and 1991.
(2) There is authorized to be appropriated for the purpose of
administering the grant program under this section such sums as may
be necessary for each of such fiscal years.
(3) Notwithstanding any other provision of this section, not more
than 10 percent of the amount appropriated to carry out this
section may be used to make grants to any one State.
(4) Funds not obligated to States in the fiscal year for which
funds are appropriated under this section shall remain available
for obligation during the next fiscal year.
(5) No amount appropriated under this subsection may be used to
cover the costs of the proficiency rating program under section
2665(a)(2) of this title.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 306, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2758.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2665 of this title.
-End-
-CITE-
15 USC Sec. 2667 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2667. Radon in schools
-STATUTE-
(a) Study of radon in schools
(1) Authority
The Administrator shall conduct a study for the purpose of
determining the extent of radon contamination in the Nation's
school buildings.
(2) List of high probability areas
In carrying out such study, the Administrator shall identify
and compile a list of areas within the United States which the
Administrator determines have a high probability of including
schools which have elevated levels of radon.
(3) Basis of list
In compiling such list, the Administrator shall make such
determinations on the basis of, among other things, each of the
following:
(A) Geological data.
(B) Data on high radon levels in homes and other structures
nearby any such school.
(C) Physical characteristics of the school buildings.
(4) Survey
In conducting such study the Administrator shall design a
survey which when completed allows Congress to characterize the
extent of radon contamination in schools in each State. The
survey shall include testing from a representative sample of
schools in each high-risk area identified in paragraph (1) and
shall include additional testing, to the extent resources are
available for such testing. The survey also shall include any
reliable testing data supplied by States, schools, or other
parties.
(5) Assistance
(A) The Administrator shall make available to the appropriate
agency of each State, as designated by the Governor of such
State, a list of high risk areas within each State, including a
delineation of such areas and any other data available to the
Administrator for schools in that State. To assist such agencies,
the Administrator also shall provide guidance and data detailing
the risks associated with high radon levels, technical guidance
and related information concerning testing for radon within
schools, and methods of reducing radon levels.
(B) In addition to the assistance authorized by subparagraph
(A), the Administrator is authorized to make available to the
appropriate agency of each State, as designated by the Governor
of such State, devices suitable for use by such agencies in
conducting tests for radon within the schools under the
jurisdiction of any such State agency. The Administrator is
authorized to make available to such agencies the use of
laboratories of the Environmental Protection Agency, or to
recommend laboratories, to evaluate any such devices for the
presence of radon levels.
(6) Diagnostic and remedial efforts
The Administrator is authorized to select, from high-risk areas
identified in paragraph (2), school buildings for purposes of
enabling the Administrator to undertake diagnostic and remedial
efforts to reduce the levels of radon in such school buildings.
Such diagnostic and remedial efforts shall be carried out with a
view to developing technology and expertise for the purpose of
making such technology and expertise available to any local
educational agency and the several States.
(7) Status report
On or before October 1, 1989, the Administrator shall submit to
the Congress a status report with respect to action taken by the
Administrator in conducting the study required by this section,
including the results of the Administrator's diagnostic and
remedial work. On or before October 1, 1989, the Administrator
shall submit a final report setting forth the results of the
study conducted pursuant to this section, including the results
of the Administrator's diagnostic and remedial work, and the
recommendations of the Administrator.
(b) Authorization
For the purpose of carrying out the provisions of paragraph (6)
of subsection (a) of this section, there are authorized to be
appropriated such sums, not to exceed $500,000, as may be
necessary. For the purpose of carrying out the provisions of this
section other than such paragraph (6), there are authorized to be
appropriated such sums, not to exceed $1,000,000, as may be
necessary.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 307, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2761.)
-End-
-CITE-
15 USC Sec. 2668 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2668. Regional radon training centers
-STATUTE-
(a) Funding program
Upon application of colleges, universities, institutions of
higher learning, or consortia of such institutions, the
Administrator may make a grant or cooperative agreement, subject to
such terms and conditions as the Administrator considers
appropriate, under this section to the applicant for the purpose of
establishing and operating a regional radon training center.
(b) Purpose of centers
The purpose of a regional radon training center is to develop
information and provide training to Federal and State officials,
professional and private firms, and the public regarding the health
risks posed by radon and demonstrated methods of radon measurement
and mitigation.
(c) Applications
Any colleges, universities, institutions of higher learning or
consortia of such institutions may submit an application for
funding under this section. Such applications shall be submitted to
the Administrator in such form and containing such information as
the Administrator may require.
(d) Selection criteria
The Administrator shall support at least 3 eligible applications
with the full amount of available funds. The Administrator shall
select recipients of funding under this section to ensure that
funds are equitably allocated among regions of the United States,
and on the basis of each of the following criteria:
(1) The extent to which the applicant's program will promote
the purpose described in subsection (b) of this section.
(2) The demonstrated expertise of the applicant regarding radon
measurement and mitigation methods and other radon-related
issues.
(3) The demonstrated expertise of the applicant in radon
training and in activities relating to information development
and dissemination.
(4) The seriousness of the radon problem in the region.
(5) The geographical coverage of the proposed center.
(6) Any other uniform criteria that the Administrator deems
necessary to promote the purpose described in subsection (b) of
this section and that the Administrator provides to potential
applicants prior to the application process.
(e) Termination of funding
No funding may be given under this section in any fiscal year to
an applicant which in the preceding 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.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 308, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2762.)
-End-
-CITE-
15 USC Sec. 2669 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2669. Study of radon in Federal buildings
-STATUTE-
(a) Study requirement
The head of each Federal department or agency 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 contamination
of the water.
(b) High-risk Federal buildings
(1) The Administrator shall identify and compile 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 building.
(C) Physical characteristics of the Federal buildings.
(c) Study designs
Studies required under subsection (a) of this section shall be
based on design criteria specified by the Administrator. 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 Protection Agency guidance documents,
including "A Citizen's Guide to Radon"; the "Interim Protocol for
Screening and Follow Up: Radon and Radon Decay Products
Measurements"; the "Interim Indoor Radon & Radon Decay Product
Measurement Protocol"; and any other recent guidance documents. The
study design shall include testing data from a representative
sample of Federal buildings in each high-risk area identified in
subsection (b) of this section. The study design also shall include
additional testing data to the extent resources are available,
including any reliable data supplied by Federal agencies, States,
or other parties.
(d) Information on risks and testing
(1) The Administrator shall provide to the departments or
agencies conducting studies under subsection (a) of this section
the following:
(A) Guidance and data detailing the risks associated with high
radon levels.
(B) Technical guidance and related information concerning
testing for radon within Federal buildings and water supplies.
(C) Technical guidance and related information 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
studies under subsection (a) of this section 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 agencies in evaluating any such devices for the
presence of radon levels, the Administrator is authorized 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) of this section
shall complete the study and provide the study to the
Administrator.
(f) Report to Congress
Not later than October 1, 1990, the Administrator shall submit a
report to the Congress describing the results of the studies
conducted pursuant to subsection (a) of this section.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 309, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2763.)
-End-
-CITE-
15 USC Sec. 2670 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2670. Regulations
-STATUTE-
The Administrator is authorized to issue such regulations as may
be necessary to carry out the provisions of this subchapter.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 310, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2764.)
-End-
-CITE-
15 USC Sec. 2671 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER III - INDOOR RADON ABATEMENT
-HEAD-
Sec. 2671. Additional authorizations
-STATUTE-
Amounts authorized to be appropriated in this subchapter for
purposes of carrying out the provisions of this subchapter are in
addition to amounts authorized to be appropriated under other
provisions of law for radon-related activities.
-SOURCE-
(Pub. L. 94-469, title III, Sec. 311, as added Pub. L. 100-551,
Sec. 1(a), Oct. 28, 1988, 102 Stat. 2764.)
-End-
-CITE-
15 USC SUBCHAPTER IV - LEAD EXPOSURE REDUCTION 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 2606, 2610, 2612,
2616, 2618, 2619 of this title; title 29 section 671; title 42
section 4853a.
-End-
-CITE-
15 USC Sec. 2681 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2681. Definitions
-STATUTE-
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 containment or encapsulation of lead-based
paint, the replacement of lead-painted surfaces or fixtures,
and the removal or covering 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 interior 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, chipping, chalking or cracking or any
paint located on an interior or exterior surface or fixture that
is damaged or deteriorated.
(4) Evaluation
The term "evaluation" means risk assessment, inspection, or
risk assessment and inspection.
(5) Friction surface
The term "friction surface" means an interior or exterior
surface that is subject to abrasion or friction, including
certain window, floor, and stair surfaces.
(6) Impact surface
The term "impact surface" means an interior or exterior surface
that is subject to damage 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 investigation.
(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, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and
the establishment and operation of management and resident
education programs.
(9) Lead-based paint
The term "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.
(10) Lead-based paint hazard
The term "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.
(11) Lead-contaminated dust
The term "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.
(12) Lead-contaminated soil
The term "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.
(13) Reduction
The term "reduction" means measures designed 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 attached 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 dwellings, including -
(A) information gathering regarding the age and history of
the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling
techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(17) Target housing
The term "target housing" means any housing constructed prior
to 1978, except housing for the elderly or persons with
disabilities (unless any child who is less than 6 years of age
resides or is expected to reside in such housing for the elderly
or persons with disabilities) or any 0-bedroom dwelling. In the
case 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
earlier date.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 401, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3912.)
-End-
-CITE-
15 USC Sec. 2682 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2682. Lead-based paint activities training and certification
-STATUTE-
(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 Secretary
of Health and Human Services (acting through the Director of the
National Institute for Occupational Safety and Health),
promulgate final regulations governing lead-based paint
activities to ensure that individuals engaged 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 activities, taking into account reliability, effectiveness,
and safety. Such regulations shall require that all risk
assessment, inspection, and abatement activities performed in
target housing shall be performed by certified contractors, 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 "Training Grants" in title III of the Act entitled
"An Act making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, commissions, corporations, and offices for
the fiscal year ending September 30, 1992, and for other
purposes", Public 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 headings shall cease to have any force
and effect.
(2) Accreditation of training programs
Final regulations promulgated under paragraph (1) shall contain
specific requirements for the accreditation of lead-based paint
activities training programs for workers, supervisors, inspectors
and planners, and other individuals involved in lead-based paint
activities, including, but not limited to, each of the following:
(A) Minimum requirements for the accreditation of training
providers.
(B) Minimum training curriculum requirements.
(C) Minimum training hour requirements.
(D) Minimum hands-on training requirements.
(E) Minimum trainee competency and proficiency 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 government, or nonprofit training program. The
Administrator (or the State in the case of an authorized 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 assessment, inspection,
and abatement; and
(2) in the case of any public building constructed before 1978,
commercial building, bridge, or other structure or
superstructure, identification of lead-based paint and materials
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 activities.
(c) Renovation and remodeling
(1) Guidelines
In order to reduce the risk of exposure to lead in connection
with renovation and remodeling of target housing, public
buildings constructed before 1978, and commercial buildings, 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 renovation 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 types of renovation and remodeling
activities in target housing, public buildings constructed before
1978, and commercial buildings are exposed to lead in the conduct
of such activities or disturb lead and create a lead-based paint
hazard on a regular or occasional basis. The Administrator shall
complete such study and publish the results thereof within 30
months after October 28, 1992.
(3) Certification determination
Within 4 years after October 28, 1992, the Administrator shall
revise the regulations under subsection (a) of this section to
apply the regulations to renovation or remodeling activities in
target housing, public buildings constructed before 1978, and
commercial buildings that create lead-based paint hazards. In
determining which contractors are engaged in such activities, the
Administrator shall utilize the results of the study under
paragraph (2) and consult with the representatives of labor
organizations, lead-based paint activities contractors, persons
engaged in remodeling and renovation, experts in lead health
effects, and others. If the Administrator determines that any
category of contractors engaged in renovation or remodeling does
not require certification, the Administrator shall publish an
explanation of the basis for that determination.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 402, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3914.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2684 of this title; title
42 section 4852.
-End-
-CITE-
15 USC Sec. 2683 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2683. Identification of dangerous levels of lead
-STATUTE-
Within 18 months after October 28, 1992, the Administrator shall
promulgate regulations which shall identify, for purposes of this
subchapter and the Residential Lead-Based Paint Hazard Reduction
Act of 1992 [42 U.S.C. 4851 et seq.], lead-based paint hazards,
lead-contaminated dust, and lead-contaminated soil.
-SOURCE-
(Pub. L. 94-469, title IV, Sec. 403, as added Pub. L. 102-550,
title X, Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3916.)
-REFTEXT-
REFERENCES IN TEXT
The Residential Lead-Based Paint Hazard Reduction Act of 1992,
referred to in text, is title X of Pub. L. 102-550, Oct. 28, 1992,
106 Stat. 3897, which is classified principally to chapter 63A
(Sec. 4851 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 4851 of Title 42 and Tables.
-End-
-CITE-
15 USC Sec. 2684 01/19/04
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 53 - TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV - LEAD EXPOSURE REDUCTION
-HEAD-
Sec. 2684. Authorized State programs
-STATUTE-
(a) Approval
Any State which seeks to administer and enforce the standards,
regulations, or other requirements established under section 2682
or 2686 of this title, or both, may, after notice and opportunity
for public hearing, develop and submit to the Administrator an
application, in such form as the Administrator shall require, for
authorization of such a State program. Any such State may also
certify to the Administrator at the time of submitting such program
that the State program meets the requirements of paragraphs (1) and
(2) of subsection (b) of this section. Upon submission of such
certification, the State program shall be deemed to be authorized
under this section, and shall apply in such State in lieu of the
corresponding Federal program under section 2682 or 2686 of this
title, or both, as the case may be, until such time as the
Administrator disapproves the program or withdraws the
authorization.
(b) Approval or disapproval
Within 180 days following submission of an application under
subsection (a) of this section, the Administrator shall approve or
disapprove the application. The Administrator may approve the
application only if, after notice and after opportunity for public
hearing, the Administrator finds that -
(1) the State program is at least as protective of human health
and the environment as the Federal program under section 2682 or
2686 of this title, or both, as the case may be, and
(2) such State program provides adequate enforcement.
Upon authorization of a State program under this section, it shall
be unlawful for any person to violate or fail or refuse to comply
with any requirement of such program.
(c) Withdrawal of authorization
If a State is not administering and enforcing a program
authorized under this section in compliance with standards,
regulations, and other requirements of this subchapter, the
Administrator shall so notify the State and, if corrective action
is not completed within a reasonable time, not to exceed 180 days,
the Administrator shall withdraw authorization of such program and
establish a Federal program pursuant to this subchapter.
(d) Model State program
Within 18 months after October 28, 1992, the Administrator shall
promulgate a model State program which may be adopted by any State
which seeks to administer and enforce a State program under this
subchapter. Such model program shall, to the extent practicable,
encourage States to utilize existing State and local certificationand accreditation programs and procedures. Such program shall (continued)