Answer: Abatement is defined at 40 C.F.R. 745.223 as any measure or set of measures designed to permanently eliminate lead-based paint hazards. Following this basic definition are four numbered paragraphs (1)-(4) that provide a non-exhaustive list of examples of what is or is not abatement. Persons attempting to determine whether an activity is abatement, and therefore subject to regulation, should consider both the basic definition in the initial paragraph of 40 C.F.R. 745.223 and the examples and exclusions in paragraphs (1)-(4) that follow. If an activity is not expressly included or excluded in paragraphs (1)-(4), the activity is still abatement if it falls within the basic definition (i.e., a measure or set of measures designed to permanently eliminate lead-based paint hazards). Conversely, if an activity is included in paragraphs (1)-(4) but is not designed to permanently eliminate lead-based paint hazards, the activity is not abatement.

Question Number: 23002-33452

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