[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2148

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2012

  Mr. Inhofe (for himself, Mr. Vitter, Mr. Coburn, Mr. Grassley, Mr. 
  Blunt, and Mr. Enzi) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Exposure Reduction Amendments 
Act of 2012''.

SEC. 2. DEFINITIONS.

    Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is 
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting the 
                clauses appropriately;
                    (B) in the first sentence, by striking ``The term'' 
                and inserting the following:
                    ``(A) In general.--The term'';
                    (C) by striking ``Such term includes--'' and 
                inserting the following:
                    ``(B) Inclusions.--The term `abatement' includes--
                ''; and
                    (D) by adding at the end the following:
                    ``(C) Exclusions.--The term `abatement' does not 
                include any renovation, remodeling, landscaping, or 
                other activity--
                            ``(i) the primary purpose of which is to 
                        repair, restore, or remodel a structure or 
                        dwelling; and
                            ``(ii) that incidentally results in a 
                        reduction or elimination of lead-based paint 
                        hazards.'';
            (2) by redesignating paragraphs (4) through (12) and 
        paragraphs (13) through (17) as paragraphs (5) through (13) and 
        paragraphs (15) through (19), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Emergency renovation.--The term `emergency 
        renovation' means a renovation, replacement, or repair activity 
        that--
                    ``(A) was not planned; and
                    ``(B) results from a sudden, unexpected event that, 
                if not immediately attended to--
                            ``(i) presents a risk to the public health 
                        or safety; or
                            ``(ii) threatens to cause significant 
                        damage to equipment or property.'';
            (4) by striking paragraph (10) (as redesignated by 
        paragraph (2)) and inserting the following:
            ``(10) Lead-based paint.--The term `lead-based paint' means 
        paint or other surface coatings that contain lead--
                    ``(A) in excess of--
                            ``(i) 1.0 milligrams per centimeter 
                        squared; or
                            ``(ii) 0.5 percent by weight; or
                    ``(B) in the case of paint or other surface 
                coatings on target housing, the lower level established 
                by the Secretary of Housing and Urban Development under 
                section 302(c) of the Lead-Based Paint Poisoning 
                Prevention Act (42 U.S.C. 4801 et seq.).'';
            (5) by inserting after paragraph (13) (as redesignated by 
        paragraph (2)) the following:
            ``(14) Post-abatement clearance testing.--The term `post-
        abatement clearance testing' means a test that--
                    ``(A) is carried out on the completion of any lead-
                based paint activity to ensure that--
                            ``(i) the reduction is complete; and
                            ``(ii) no lead-contaminated dust hazards 
                        remain in the dwelling unit or worksite; and
                    ``(B) includes a visual assessment and the 
                collection and analysis of environmental samples from 
                the dwelling or worksite.''; and
            (6) by adding at the end the following:
            ``(20) Test kit.--The term `test kit' means a chemical test 
        that has the ability to determine the presence of lead in a 
        paint chip, paint powder, or painted surface at a level that is 
        equal to or in excess of--
                    ``(A) 1.0 milligrams per centimeter squared; or
                    ``(B) 0.5 percent by weight.''.

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--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Study of certification.--
                    ``(A) In general.--Prior to proposing any new 
                regulation applicable to target housing or public or 
                commercial buildings constructed before 1978, the 
                Administrator shall conduct a study of the extent to 
                which persons engaged in various types of renovation 
                and remodeling activities in the target housing or 
                public or commercial buildings constructed before 
                1978--
                            ``(i) are exposed to lead in the conduct of 
                        those activities; or
                            ``(ii) disturb lead and create a lead-based 
                        paint hazard on a regular or occasional basis.
                    ``(B) Completion.--The Administrator shall complete 
                each study under subparagraph (A) and publish the 
                results of that study not later than 1 year prior to 
                proposing any new regulation applicable to a structure 
                or dwelling described in subparagraph (A).'';
            (2) in paragraph (3)--
                    (A) in the first sentence, by striking ``Within 4 
                years'' and inserting the following:
                    ``(A) In general.--Not later than 4 years'';
                    (B) in the second sentence, by striking ``In 
                determining'' and inserting the following:
                    ``(B) Use of study.--In determining'';
                    (C) in the third sentence, by striking ``If the 
                Administrator'' and inserting the following:
                    ``(C) Determination of administrator.--If the 
                Administrator''; and
                    (D) by adding at the end the following:
                    ``(D) Exemption.--An emergency renovation shall be 
                exempt from any regulation promulgated by the 
                Administrator under this paragraph.
                    ``(E) Prohibition on post-abatement clearance 
                requirement.--No regulation promulgated by the 
                Administrator under this paragraph shall require post-
                abatement clearance testing.''; and
            (3) by adding at the end the following:
            ``(4) Target housing owners.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this paragraph and subject to 
                subparagraph (B), in promulgating any regulation 
                relating to renovation or remodeling activities in 
                target housing in which the owner resides, the 
                Administrator shall include a provision that permits 
                the owner to authorize the renovation or remodeling 
                contractor to forego compliance with that regulation.
                    ``(B) Restriction.--The Administrator shall only 
                permit an owner of target housing to forgo compliance 
                with a regulation under this paragraph if--
                            ``(i) no pregnant woman or child under the 
                        age of 6 resides in the target housing as of 
                        the date on which the renovation or remodeling 
                        commences; and
                            ``(ii) the owner submits to the renovation 
                        or remodeling contractor written certification 
                        that--
                                    ``(I) the renovation or remodeling 
                                project is to be carried out at the 
                                target housing of the owner;
                                    ``(II) no pregnant woman or child 
                                under the age of 6 resides in the 
                                target housing as of the date on which 
                                the renovation or remodeling commences; 
                                and
                                    ``(III) the owner acknowledges 
                                that, in carrying out the project, the 
                                renovation or remodeling contractor 
                                will be exempt from employing the work 
                                practices required by a regulation 
                                promulgated under this subsection.
                    ``(C) Limitation of contractor liability.--A 
                contractor that receives written certification 
                described in subparagraph (B)(ii) shall be exempt from 
                liability resulting from any misrepresentation of the 
                owner of the target housing.
            ``(5) Test kits.--
                    ``(A) In general.--In making a certification 
                determination under this subsection, the Administrator 
                shall allow contractors to use commercially available 
                lead-based paint test kits that comply with the 
                positive and negative response criteria established by 
                the Administrator.
                    ``(B) Test kit approval.--
                            ``(i) In general.--The Administrator shall 
                        establish a process by which the Administrator 
                        shall identify and approve a test kit that--
                                    ``(I) meets the criteria described 
                                in subparagraph (A);
                                    ``(II) is inexpensively and 
                                commercially available;
                                    ``(III) does not require special 
                                training to use the test kit; and
                                    ``(IV) enables users to determine 
                                the presence of lead at the job site in 
                                accordance with the criteria described 
                                in subparagraph (A) without the need 
                                for off-site laboratory analysis.
                            ``(ii) Suspension of regulations.--
                                    ``(I) In general.--If the 
                                Administrator is unable to determine 
                                that 1 or more test kits under clause 
                                (i) exists, the Administrator shall 
                                suspend the implementation of any 
                                applicable regulation under this 
                                subsection relating to renovation or 
                                remodeling, except for owners described 
                                in paragraph (4)(B), until the date on 
                                which the Administrator--
                                            ``(aa) identifies and 
                                        approves 1 or more test kits 
                                        under clause (i); and
                                            ``(bb) publishes in the 
                                        Federal Register notice of that 
                                        identification and approval.
                                    ``(II) Duration.--The Administrator 
                                shall remove the suspension under this 
                                clause not earlier than 45 days after 
                                the date on which notification of the 
                                identification and approval of the test 
                                kit is published in the Federal 
                                Register in accordance with subclause 
                                (I)(bb).
                                    ``(III) Applicability.--This clause 
                                shall--
                                            ``(aa) only apply to 
                                        regulations that permit an 
                                        owner of target housing to 
                                        authorize a renovation or 
                                        remodeling contractor to forego 
                                        compliance with the regulation; 
                                        and
                                            ``(bb) not affect any other 
                                        regulation issued under this 
                                        subsection.
            ``(6) Applicability of certain penalties.--Any regulation 
        promulgated by the Administrator under this section requiring 
        the submission of documentation to the Administrator shall 
        provide--
                    ``(A) an exemption from penalty for a person who--
                            ``(i) is submitting the required 
                        documentation for the first time; and
                            ``(ii) submits documentation that contains 
                        de minimus or typographical errors, as 
                        determined by the Administrator; and
                    ``(B) a process by which a person described in 
                subparagraph (A) may resubmit the required 
                documentation.
            ``(7) Accreditation of recertification courses.--Subsection 
        (a)(2)(D) shall not apply to any certified renovator 
        recertification course that is accredited by the Environmental 
        Protection Agency.''.
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