[Congressional Record Volume 159, Number 32 (Wednesday, March 6, 2013)]
[Senate]
[Pages S1235-S1237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself, Mr. Vitter, Mr. Coburn, Mr. Enzi, 
        Mrs. Fischer, Mr. Blunt, and Mr. Grassley):
  S. 484. A bill to amend the Toxic Substances Control Act relating to 
lead-based paint renovation and remodeling activities; to the Committee 
on Environment and Public Works.
  Mr. INHOFE. Mr. President, I rise today to introduce the Lead 
Exposure Reduction Amendments Act of 2013.
  In April 2010, an EPA rule governing work done in homes constructed 
before 1978 took effect. The aim of this rule is to protect at-risk 
populations, defined as pregnant women and children under the age of 
six, from harmful lead paint dust particles that may be generated 
during home construction, rehabilitation, and remodeling work. While 
lead paint was generally discontinued from in-home use in the 1960s and 
1970s, the rule applies to all homes built before 1978 and requires all 
contractors to be certified by the EPA and be supervised by an EPA 
certified renovator while following rigorous and costly safe lead work 
practices.
  Some of these requirements include sealing off the area where the 
renovation is occurring; removing all objects from the work area; 
covering any porous work areas with smooth, cleanable areas; using 
special tools that have emission exhaust controls; vacuuming all items, 
including people's clothes, who leave the work space; and generally 
cleaning the work area to ensure there is no dust following completion 
of the job.
  I believe everyone in this chamber stands strongly behind the intent 
of the rule, which is to protect children

[[Page S1236]]

and pregnant women from the harmful effects of lead. With 20 kids and 
grandkids, I appreciate the importance of the rule, and the potential 
it has to further decrease lead exposure. But this rule does add 
significant cost to the completion of renovation jobs and adds 
significant regulatory hurdles to many small business owners in 
situations where it may not at all be necessary.
  Fortunately, the original rule included an opt-out provision for 
homeowners who did not have any at-risk individuals living in their 
homes. Provided the contractor made them aware of the potential lead-
paint risks, the homeowner could give the contractor permission to 
carry out the job without following the EPA's lead safe work practices. 
This makes sense because the health issues caused by renovation work in 
homes with lead paint are minor for adults and older children who are 
not members of the at-risk population.
  But in July 2010, just three months after the rule took effect, the 
EPA removed this opt-out provision. By doing this, EPA more than 
doubled the number of homes requiring safe work practices and increased 
the economy-wide cost of compliance by well more than $336 million by 
EPA's own estimate, which is significantly less than reality.
  Further, EPA has failed to meet the requirements of its own rule 
because there are no commercially available lead paint test kits. Test 
kits would allow contractors to see whether work spaces include any 
lead paint, and if none is detected then the contractor would not have 
to follow lead safe work practices, which makes sense. Unfortunately, 
the test kits that are currently available produce 60-percent false 
positives, requiring many homeowners to pay significantly more for home 
remodeling work, even though there may not be any lead to protect them 
from.
  The bill I'm introducing today is simple. It would first require the 
EPA to restore the opt-out provision. If homeowners have no residents 
who are at-risk to lead paint contamination, then they should be able 
to waive the regulatory requirement.
  The bill will also suspend the rule for homes built after 1960 if the 
EPA does not develop workable test kits, unless those homes include 
members of the at-risk population. The bill would also provide a de 
minimis exemption for first-time paperwork violations against 
contractors. The EPA has focused its enforcement efforts on these 
violations despite the fact that the contractors may be appropriately 
following safe lead practices.
  Finally, the bill prohibits EPA from expanding this regulation to 
commercial and public buildings until it has completed a study to 
determine the risk of such practices. EPA is in the process of writing 
these regulations even though it has not yet completed the 
corresponding study. If there is no risk, why would EPA issue 
regulations? They would be a solution in search of a problem. EPA needs 
to do its due diligence and determine whether there would be any 
meaningful health benefits from extending this rule to other areas.
  In closing, I want to reiterate my dedication to the cause of 
protecting the health of vulnerable populations, and particularly 
pregnant women and children. But it is important for EPA's regulations 
to be pursued in a way that make sense, and that is what my bill 
intends to do. This is an ongoing goal of mine as a senior member of 
the Environment and Public Works Committee.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 484

       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 2013''.

     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, or other activity--
       ``(i) the primary purpose of which is to repair, restore, 
     or remodel target housing, public buildings constructed 
     before 1978, or commercial buildings; and
       ``(ii) that incidentally results in a reduction or 
     elimination of lead-based paint hazards.'';
       (2) by redesignating--
       (A) paragraphs (4) through (12) as paragraphs (5) through 
     (13);
       (B) paragraph (13) as paragraph (15); and
       (C) paragraphs (14) through (17) and paragraphs (18) 
     through (21), respectively;
       (3) by inserting after paragraph (3) the following:
       ``(4) Emergency renovation.--The term `emergency 
     renovation' means a renovation or remodeling activity that is 
     carried out in response to an event--
       ``(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; or
       ``(B) that if not attended to as soon as is practicable--
       ``(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.--
       ``(A) In general.--The term `lead-based paint' means paint 
     or other surface coatings that contain lead in excess of--
       ``(i) 1.0 milligrams per centimeter squared; or
       ``(ii) 0.5 percent by weight.
       ``(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--
       ``(i) the level described in subparagraph (A); or
       ``(ii) a level established by the Secretary of Housing and 
     Urban Development under section 302(c) of the Lead-Based 
     Paint Poisoning Prevention Act.'';
       (5) by inserting after paragraph (13) (as redesignated by 
     paragraph (2)) the following:
       ``(14) Postabatement clearance testing.--The term 
     `postabatement clearance testing' means testing that--
       ``(A) is carried out upon the completion of any lead-based 
     paint activity to ensure that--
       ``(i) the reduction is complete; and
       ``(ii) no lead-based paint hazards remain in the area in 
     which the lead-based paint activity occurs; and
       ``(B) includes a visual assessment and the collection and 
     analysis of environmental samples from an area in which lead-
     based paint activities occur.''; and
       (6) by inserting after paragraph (15) (as redesignated by 
     paragraph (2)) the following:
       ``(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.
       ``(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.''.

     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.--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--
       ``(i) are exposed to lead in the conduct of such 
     activities; and
       ``(ii) disturb lead and create a lead-based paint hazard on 
     a regular or occasional basis in the conduct of such 
     activities.
       ``(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.'';
       (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''; and
       (B) by adding at the end the following:
       ``(B) Exemption.--An emergency renovation shall be exempt 
     from any renovation

[[Page S1237]]

     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.
       ``(C) Prohibition on postabatement clearance requirement.--
     No renovation and remodeling regulation may require 
     postabatement 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), 
     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.
       ``(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--
       ``(i) the renovation or remodeling project is to be carried 
     out at the residential dwelling in which the owner resides;
       ``(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; and
       ``(iii) the owner acknowledges that, in carrying out the 
     project, such contractor will be exempt from the requirements 
     of a renovation and remodeling regulation.
       ``(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).
       ``(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.
       ``(5) Test kits.--
       ``(A) In general.--
       ``(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.
       ``(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--

       ``(I) shall publish in the Federal Register notice of such 
     failure to recognize a qualifying test kit; and
       ``(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--

       ``(aa) recognizes for use under this title a qualifying 
     test kit; and
       ``(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.
       ``(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.
       ``(B) Qualifying test kit.--In this subsection, the term 
     `qualifying test kit' means a chemical test that--
       ``(i) can determine the presence of lead-based paint, as 
     defined in section 401(10)(A);
       ``(ii) has a false positive response rate of 10 percent or 
     less;
       ``(iii) has a false negative response rate of 5 percent or 
     less;
       ``(iv) does not require the use of off-site laboratory 
     analysis to obtain results;
       ``(v) is inexpensively and commercially available; and
       ``(vi) does not require special training to use.
       ``(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--
       ``(i) target housing constructed after January 1, 1960;
       ``(ii) public buildings constructed between January 1, 1960 
     and January 1, 1978; and
       ``(iii) commercial buildings constructed after January 1, 
     1960.
       ``(6) Applicability of certain penalties.--Any renovation 
     and remodeling regulation requiring the submission of 
     documentation to the Administrator shall provide--
       ``(A) an exemption from an applicable penalty for failure 
     to comply with such requirement for a person who--
       ``(i) is submitting the required documentation for the 
     first time; and
       ``(ii) submits documentation that contains only 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.--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.''.

                          ____________________