Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, or other activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards.
Requires the Administrator of the Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, to study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempts from any such regulation an emergency renovation that is carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such a regulation from requiring post-abatement clearance testing.
Requires the Administrator to promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such dwelling, to authorize a contractor to forego compliance with such a regulation if the owner submits a certification stating that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that such contractor will be exempt from the requirements of such regulation. Prohibits the Administrator from holding a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation.
Requires the Administrator to: (1) recognize a qualifying test kit for use under such Act, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the Administrator recognizes such a test kit.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5911 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5911
To amend the Toxic Substances Control Act relating to lead-based paint
renovation and remodeling activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2012
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 Commerce
_______________________________________________________________________
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, 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 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and the Economy.
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