1.This Act may be cited as
the Lead Exposure Reduction Amendments
Act of 2012
.
2.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)The
term
;
(C)by striking
Such term includes—
and inserting the following:
(B)The
term abatement includes—
;
and
(D)by adding at the
end the following:
(C)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)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)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 testingThe 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)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.
.
3.Lead-based paint
activities training and certificationSection 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)
(A)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)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)Not later than 4
years
;
(B)in the second
sentence, by striking In determining
and inserting the
following:
(B)In
determining
;
(C)in the third
sentence, by striking If the Administrator
and inserting the
following:
(C)Determination
of AdministratorIf the
Administrator
;
and
(D)by adding at the
end the following:
(D)An
emergency renovation shall be exempt from any regulation promulgated by the
Administrator under this paragraph.
(E)Prohibition on
post-abatement clearance requirementNo regulation promulgated by
the Administrator under this paragraph shall require post-abatement clearance
testing.
;
and
(3)by adding at the
end the following:
(4)
(A)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)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 liabilityA 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)
(A)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)
(i)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)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)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)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 penaltiesAny 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 coursesSubsection (a)(2)(D) shall not apply
to any certified renovator recertification course that is accredited by the
Environmental Protection
Agency.
.