Sec. 2. Definitions
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Section 401 of the Toxic Substances Control Act ( 15 U.S.C. 2681 ) is amended— in paragraph (1)— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting the clauses appropriately; in the first sentence, by striking The term and inserting the following: The term ; by striking Such term includes— and inserting the following: The term abatement includes— ; and by adding at the end the following: The term abatement does not include any renovation, remodeling, or other activity— the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and that incidentally results in a reduction or elimination of lead-based paint hazards. ; by redesignating— paragraphs
(4)through
(12)as paragraphs
(5)through (13); paragraph
(13)as paragraph (15); and paragraphs
(14)through
(17)and paragraphs
(18)through (21), respectively; by inserting after paragraph
(3)the following: The term emergency renovation means a renovation or remodeling activity that is carried out in response to an event— that is an act of God, as that term is defined in section 101(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; or that if not attended to as soon as is practicable— presents a risk to the public health or safety; or threatens to cause significant damage to equipment or property. ; by striking paragraph
(10)(as redesignated by paragraph (2)) and inserting the following: 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. With respect to paint or other surface coatings on target housing, the term lead-based paint means paint or other surface coatings that contain lead in excess of the lower of— the level described in subparagraph (A); or a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act. ; by inserting after paragraph
(13)(as redesignated by paragraph (2)) the following: The term postabatement clearance testing means testing that— is carried out upon the completion of any lead-based paint activity to ensure that— the reduction is complete; and no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur. ; and by inserting after paragraph
(15)(as redesignated by paragraph (2)) the following: The term renovation has the meaning given such term in section 745.83 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this paragraph. The term renovation and remodeling regulation means a regulation promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A), as such regulation is applied to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings. .
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