HR 5911 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5911CommentsClose CommentsPermalink

To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 7, 2012CommentsClose CommentsPermalink

Mr. SULLIVAN (for himself, Mr. MURPHY of Pennsylvania, Mr. LONG, Mrs. NOEM, Mr. SCHOCK, Mr. BOREN, Mr. LUCAS, Mr. COLE, Mr. LANKFORD, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Lead Exposure Reduction Amendments Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;CommentsClose CommentsPermalink





(B) in the first sentence, by striking ‘The term’ and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term’;CommentsClose CommentsPermalink





(C) by striking ‘Such term includes--’ and inserting the following:CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘abatement’ includes--’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) EXCLUSIONS- The term ‘abatement’ does not include any renovation, remodeling, or other activity--CommentsClose CommentsPermalink





‘(i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; andCommentsClose CommentsPermalink





‘(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.’;CommentsClose CommentsPermalink





(2) by redesignating--CommentsClose CommentsPermalink





(A) paragraphs (4) through (12) as paragraphs (5) through (13);CommentsClose CommentsPermalink





(B) paragraph (13) as paragraph (15); andCommentsClose CommentsPermalink





(C) paragraphs (14) through (17) and paragraphs (18) through (21), respectively;CommentsClose CommentsPermalink





(3) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink





‘(4) EMERGENCY RENOVATION- The term ‘emergency renovation’ means a renovation or remodeling activity that is carried out in response to an event--CommentsClose CommentsPermalink





‘(A) 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; orCommentsClose CommentsPermalink





‘(B) that if not attended to as soon as is practicable--CommentsClose CommentsPermalink





‘(i) presents a risk to the public health or safety; orCommentsClose CommentsPermalink





‘(ii) threatens to cause significant damage to equipment or property.’;CommentsClose CommentsPermalink





(4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following:CommentsClose CommentsPermalink





‘(10) LEAD-BASED PAINT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘lead-based paint’ means paint or other surface coatings that contain lead in excess of--CommentsClose CommentsPermalink





‘(i) 1.0 milligrams per centimeter squared; orCommentsClose CommentsPermalink





‘(ii) 0.5 percent by weight.CommentsClose CommentsPermalink





‘(B) TARGET HOUSING- 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--CommentsClose CommentsPermalink





‘(i) the level described in subparagraph (A); orCommentsClose CommentsPermalink





‘(ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act.’;CommentsClose CommentsPermalink





(5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink





‘(14) POSTABATEMENT CLEARANCE TESTING- The term ‘postabatement clearance testing’ means testing that--CommentsClose CommentsPermalink





‘(A) is carried out upon the completion of any lead-based paint activity to ensure that--CommentsClose CommentsPermalink





‘(i) the reduction is complete; andCommentsClose CommentsPermalink





‘(ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; andCommentsClose CommentsPermalink





‘(B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur.’; andCommentsClose CommentsPermalink





(6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink





‘(16) RENOVATION- 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.CommentsClose CommentsPermalink





‘(17) RENOVATION AND REMODELING REGULATION- 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.’.CommentsClose CommentsPermalink

SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.

Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) STUDY OF CERTIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2012, the Administrator shall conduct, submit to the Congress, and make available for public comment (after peer review) the results of, 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, or commercial buildings--CommentsClose CommentsPermalink





‘(i) are exposed to lead in the conduct of such activities; andCommentsClose CommentsPermalink





‘(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities.CommentsClose CommentsPermalink





‘(B) SCOPE AND COVERAGE- Each study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of such subparagraph with respect to each separate building type described in such subparagraph, as the regulation to be proposed would apply to each such building type.’;CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) in the first sentence by striking ‘Within 4 years’ and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 4 years’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) EXEMPTION- An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation.CommentsClose CommentsPermalink





‘(C) PROHIBITION ON POSTABATEMENT CLEARANCE REQUIREMENT- No renovation and remodeling regulation may require postabatement clearance testing.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) TARGET HOUSING OWNERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to such residential dwelling.CommentsClose CommentsPermalink





‘(B) WRITTEN CERTIFICATION- The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in such residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to such contractor a written certification stating that--CommentsClose CommentsPermalink





‘(i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides;CommentsClose CommentsPermalink





‘(ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of such project; andCommentsClose CommentsPermalink





‘(iii) the owner acknowledges that, in carrying out the project, such contractor will be exempt from the requirements of a renovation and remodeling regulation.CommentsClose CommentsPermalink





‘(C) RESTRICTION- A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if such contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of such project).CommentsClose CommentsPermalink





‘(D) LIMITATION OF CONTRACTOR LIABILITY- The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of such a misrepresentation.CommentsClose CommentsPermalink





‘(5) TEST KITS-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) RECOGNITION- The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of such recognition.CommentsClose CommentsPermalink





‘(ii) SUSPENSION OF ENFORCEMENT OF CERTAIN REGULATIONS- If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator--CommentsClose CommentsPermalink





‘(I) shall publish in the Federal Register notice of such failure to recognize a qualifying test kit; andCommentsClose CommentsPermalink





‘(II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator--CommentsClose CommentsPermalink

‘(aa) recognizes for use under this title a qualifying test kit; andCommentsClose CommentsPermalink

‘(bb) publishes in the Federal Register notice of such recognition and of the date on which enforcement of the post-1960 building renovation and remodeling regulations will resume.CommentsClose CommentsPermalink

‘(iii) APPLICABILITY OF SUSPENSION- The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides.CommentsClose CommentsPermalink





‘(B) QUALIFYING TEST KIT- In this subsection, the term ‘qualifying test kit’ means a chemical test that--CommentsClose CommentsPermalink





‘(i) can determine the presence of lead-based paint, as defined in section 401(10)(A);CommentsClose CommentsPermalink





‘(ii) has a false positive response rate of 10 percent or less;CommentsClose CommentsPermalink





‘(iii) has a false negative response rate of 5 percent or less;CommentsClose CommentsPermalink





‘(iv) does not require the use of off-site laboratory analysis to obtain results;CommentsClose CommentsPermalink





‘(v) is inexpensively and commercially available; andCommentsClose CommentsPermalink





‘(vi) does not require special training to use.CommentsClose CommentsPermalink





‘(C) POST-1960 BUILDING RENOVATION AND REMODELING REGULATION- In this subsection, the term ‘post-1960 building renovation and remodeling regulation’ means a renovation and remodeling regulation, as it applies to--CommentsClose CommentsPermalink





‘(i) target housing constructed after January 1, 1960;CommentsClose CommentsPermalink





‘(ii) public buildings constructed between January 1, 1960 and January 1, 1978; andCommentsClose CommentsPermalink





‘(iii) commercial buildings constructed after January 1, 1960.CommentsClose CommentsPermalink





‘(6) APPLICABILITY OF CERTAIN PENALTIES- Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide--CommentsClose CommentsPermalink





‘(A) an exemption from an applicable penalty for failure to comply with such requirement for a person who--CommentsClose CommentsPermalink





‘(i) is submitting the required documentation for the first time; andCommentsClose CommentsPermalink





‘(ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; andCommentsClose CommentsPermalink





‘(B) a process by which a person described in subparagraph (A) may resubmit the required documentation.CommentsClose CommentsPermalink





‘(7) ACCREDITATION OF RECERTIFICATION COURSES- The hands-on training requirements required by subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities.’.CommentsClose CommentsPermalink