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[Senate Report 110-515]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 1097
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-515

======================================================================

 
 PROTECT PREGNANT WOMEN AND CHILDREN FROM DANGEROUS LEAD EXPOSURES ACT

                                _______
                                

  September 26 (legislative day, September 17), 2008.--Ordered to be 
                                printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

 [To accompany the Protect Pregnant Women and Children from Dangerous 
                      Lead Exposures Act of 2008]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works considered an 
original bill to protect pregnant women and children from 
dangerous lead exposures.

                 PURPOSE AND SUMMARY OF THE LEGISLATION

    The purpose of the Protect Pregnant Women and Children from 
Dangerous Lead Exposures Act of 2008 is to protect pregnant 
women and children from lead exposures during or after lead-
based paint cleanups in housing.
    The Act would require that the Administrator of the 
Environmental Protection Agency (EPA) use the best available 
science to revise the lead-based paint standard, clearance 
methodology, workplace practices, and training program that the 
Agency created in a recent rulemaking (73 Fed. Reg. 21692 
(April 22, 2008)).

                BACKGROUND AND NEED FOR THE LEGISLATION

    Lead is a highly toxic substance that can harm the nervous 
system, reproductive system, cardiovascular system, immune 
system, and physical development. Lead is particularly harmful 
to pregnant women, infants and children. The federal Centers 
for Disease Control and Prevention and the Administrator have 
determined that children in general, and children in low 
socioeconomic conditions in particular, are at increased risk 
of lead exposure and adverse health impacts from that exposure. 
The Census Bureau estimates that in 2006 more than 12,800,000 
children under the age of 18 lived in poverty.
    In 1992, the federal Centers for Disease Control recognized 
that 10 micrograms per deciliter of lead in blood should prompt 
public health actions, but that harmful impacts may occur at 
blood lead levels below this threshold.
    In 2001, the Administrator created lead-based paint hazard 
regulations required under section 403 of the Toxic Substances 
Control Act (15 U.S.C. 2683), which identified dangerous levels 
of lead dust on floors at 40 micrograms per square foot or 
greater. For window sills, the EPA set the standard at 250 
micrograms per square foot or greater. In promulgating the 
standards, the EPA stated that the:

         Standards [were] based on the best science available 
        to the Agency. The Environmental Protection Agency 
        recognizes, however, that the science is constantly 
        developing . . . If new data become available (e.g., 
        empirical data showing that very small amounts of 
        deteriorated paint pose a serious health risk or data 
        showing that hazard control activities are more 
        effective at reducing long-term dust-lead level than 
        assumed by the Environmental Protection Agency), the 
        Agency will consider changing the standards to reflect 
        these data.

    In January, 2006, the Administrator proposed its lead-based 
paint repair and renovation rule (71 Fed. Reg. 1588). That same 
month the Agency issued a study on the threats of lead dust 
during renovation and remodeling activities, which the agency 
used as a basis for judging the protectiveness of its rule. The 
EPA's Clean Air Science Advisory Committee (CASAC) criticized 
certain key aspects of the study, including the agency's use 
the 2001 standards and inadequate cleaning procedures. In 
particular, the Committee recommended that the ``[s]tandards 
need to be strengthened in view of recent epidemiological data 
indicating that children are more susceptible to effects from 
lead than was previously thought.'' However, the Administrator 
issued a final rule without incorporating many of the CASAC 
recommendations.
    The Committee believes that lead poisoning is a very 
serious public health threat, especially for children's health. 
Lead-based paint dust is one of the most serious routes of lead 
exposure, including for children. It is also a very preventable 
route of exposure.
    The Committee believes that EPA should use the best 
available science to establish a lead-based paint standard, as 
well as related regulatory programs. Specifically, the bill 
finds that ``the revised lead-based paint renovation, repair, 
and painting rule of the Environmental Protection Agency fails 
. . . to use the best available science on the adverse impacts 
of lead on children's health; . . . [fails] to adequately 
protect the health of pregnant women and children from lead 
poisoning; and . . . [fails] to contain enforceable methods of 
verifying that lead levels in homes and other facilities are 
safe following lead-based paint renovation, repair, and 
painting activities.''

                SUMMARY OF MAJOR PROVISIONS OF THE BILL

    The purpose of the Protect Pregnant Women and Children from 
Dangerous Lead Exposures Act of 2008, is to protect pregnant 
women and children from dangerous lead exposures.
    The legislation require that the Administrator of the 
Environmental Protection Agency (EPA) use the best available 
science to revise the lead-based paint standard, clearance 
methodology, workplace practices, and training program that the 
Agency created in a recent rulemaking (73 Fed. Reg. 21692 
(April 22, 2008)).

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section designates the title of the bill as the 
``Protect Pregnant Women and Children from Dangerous Lead 
Exposures Act of 2008''.

Section 2. Findings

    Section (a) contains detailed findings regarding lead 
toxicity, exposure, and EPA's activities with respect to lead 
renovation rules.

Section 3. Definitions

    Section 3(1) defines the ``Administrator''.
    Section 3(2) defines the ``Best Available Science'' to 
include scientific studies published in peer-reviewed journals 
since the Administrator last updated the lead-based paint 
hazard standard. In particular, the Committee directs the 
Administrator to consider scientific studies indicating that 
blood lead levels below 10 micrograms per deciliter pose a 
threat to children's health.

Section 4. Protection of pregnant women and children

    Section 4(a) directs the Administrator to use the best 
available science to create a more protective lead-based point 
hazard standard to safeguard the health of pregnant women and 
children and to require a clearance methodology that ensure 
lead dust levels meet that standard. It also requires the Clean 
Air Science Advisory Committee to review the Agency's work.
    Section 4(b) establishes a deadline for integrating these 
requirements into the lead-based paint repair and renovation 
rule.
    Section 4(c) requires a periodic reevaluation of the 
standard and clearance methodology using the best available 
science.

Section 5. Regulations relating to lead-based paint hazards, lead-
        contaminated dust, and lead-contaminated soil

    Section 5(a) contains definitions for the terms ``Final 
Rule'' and ``Independent Clearance''.
    Section 5(b) establishes deadlines for the Administrator to 
update the final rule to include requirements concerning 
independent clearance work by a certified risk assessor or 
certified sampling technician to ensure compliance with lead 
hazard standards. This section also describes the methodology 
to be used in this assessment; the reporting requirements for 
the work; applicable workplace practices; and a requirement for 
trained personnel to be on-site at all times that on-site work 
is undertaken.
    Section 5(c) creates a grant program to expand training 
opportunities related to lead-based paint repair and renovation 
work, establishes criteria for this program, authorizes funds, 
and creates a reporting requirement to assess the program and 
make recommendations for expanding and better coordinating 
opportunities.

Section 6. No effect on other effective dates

    Section 6 clarifies that nothing in this Act modifies or 
otherwise affects any effective date described in the final 
rule. The Committee expects the Agency to meet all existing 
deadlines that it has already announced.

                     LEGISLATIVE HISTORY AND VOTES

Votes

    On September 17, 2008, the Committee on Environment and 
Public Works held a business meeting to consider S. 3495, among 
other pieces of legislation. The Committee on Environment and 
Public Works approved an amendment from Senator Clinton to 
include the requirements for independence clearance and a 
training program, which the Committee accepted by voice vote. 
The Committee then favorably adopted the amended bill by a 
voice vote.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that the 
Congressional Budget Office found that ``The bill would impose 
private-sector and intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) on firms certified by EPA 
to renovate certain properties containing lead-based paint. CBO 
estimates that the cost of the private-sector mandates would 
likely exceed the annual threshold established in UMRA ($136 
million in 2008, adjusted annually for inflation).''

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee noted that the Congressional 
Budget Office has found that ``The bill would impose private-
sector and intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) on firms certified by EPA 
to renovate certain properties containing lead-based paint. CBO 
estimates that the cost of the private-sector mandates would 
likely exceed the annual threshold established in UMRA ($136 
million in 2008, adjusted annually for inflation). Because of 
the small number of public entities that would be directly 
affected by the bill's requirements, CBO estimates that the 
cost of the mandates to state, local, and tribal governments 
would fall below the annual threshold for intergovernmental 
mandates ($68 million in 2008, adjusted annually for 
inflation).''

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

                                                September 26, 2008.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for the Protect Pregnant 
Women and Children from Dangerous Lead Exposures Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

Protect Pregnant Women and Children from Dangerous Lead Exposures Act 
        of 2008

    Summary: This legislation would require the Environmental 
Protection Agency (EPA) to revise regulations relating to the 
hazards of lead-based paint, and lead-contaminated dust and 
soil. CBO estimates that implementing this bill would cost 
about $20 million over the 2009-2013 period assuming 
appropriation of the necessary amounts. Enacting this 
legislation would not affect direct spending or revenues.
    The bill would impose private-sector and intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
on firms certified by EPA to renovate certain properties 
containing lead-based paint. CBO estimates that the cost of the 
private-sector mandates would likely exceed the annual 
threshold established in UMRA ($136 million in 2008, adjusted 
annually for inflation). Because of the small number of public 
entities that would be directly affected by the bill's 
requirements, CBO estimates that the cost of the mandates to 
state, local, and tribal governments would fall below the 
annual threshold for intergovernmental mandates ($68 million in 
2008, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of this legislation is shown in the following 
table. The costs of this legislation fall within budget 
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2009    2010    2011    2012    2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Grant Program to Expand Training Opportunities:
    Authorization Level......................................       2       2       2       1       0         7
    Estimated Outlays........................................       1       1       2       2       1         7
EPA Administrative Support:
    Estimated Authorization Level............................       3       3       3       2       2        13
    Estimated Outlays........................................       3       3       3       2       2        13
    Total Changes:
        Estimated Authorization Level........................       5       5       5       3       2        20
        Estimated Outlays....................................       4       4       5       4       3        20
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that this 
legislation will be enacted near the start of fiscal year 2009 
and that the necessary amounts will be appropriated each year. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    This legislation would authorize the appropriation of $7 
million over the 2009-2012 period for EPA to provide grants to 
entities to support training concerning the hazards of lead-
based paint. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing that provision would cost $7 
million over the 2009-2013 period. Based on information from 
EPA, CBO also estimates that enacting this legislation would 
cost about $13 million over the 2009-2013 period to support 
EPA's efforts to revise existing lead regulations.
    Intergovernmental and private-sector impact: The bill 
contains private-sector and intergovernmental mandates as 
defined in UMRA. The bill would require firms that are 
certified through EPA to renovate properties containing lead-
based paint to:
           Comply with a more restrictive standard for 
        the presence of lead in buildings;
           Conduct a final test (referred to in the 
        bill as a clearance) after completing renovations to 
        ensure compliance with existing lead standards;
           Abide by new standards for workplace 
        practices related to lead;
           Provide a report to the owners and occupants 
        of the renovated property, detailing the measures taken 
        to reduce lead hazards during the renovation work and 
        disclosing any test results for lead contamination at 
        the work site; and
           Ensure that an individual who has completed 
        a training and certification program for handling 
        surfaces with lead-based paint is present at the work 
        site at all times during the renovation work.
    CBO expects that the most significant costs of the mandates 
in the bill would be related to requirements for clearances. 
Based on estimates of the number of renovations expected per 
year and the cost of conducting a clearance, CBO estimates that 
the aggregate cost of the mandates would likely exceed the 
annual threshold established in UMRA for private-sector 
mandates ($136 million in 2008, adjusted annually for 
inflation). Because of the small number of public entities that 
would be directly affected by the bill's requirements, CBO 
estimates that the cost of the mandates to state, local, and 
tribal governments would fall below the annual threshold 
established in UMRA for intergovernmental mandates ($68 million 
in 2008, adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Burke Doherty. 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                   ADDITIONAL VIEWS OF SENATOR INHOFE

    After much public and scientific debate, EPA this year 
released regulations aimed at further reducing lead-based paint 
hazards created by renovation, repair, and painting activities 
that disturb paint in many structures occupied by children. In 
issuing the rule, EPA also factored in private-sector concerns 
relating to practicality, feasibility and cost of compliance.
    I believe that EPA exercised proper discretion in issuing 
the recent lead-based paint standards, especially given the 
scope of activities affected. EPA estimates that this rule 
impacts 11.4 million repairs and renovations every year--almost 
one million separate construction activities a month. Under the 
new regulations, the average cost of cleanup is estimated to be 
$35 per job--if there are 11.4 million jobs, that represents a 
substantial cleanup cost burden of nearly $38 million a year.
    I believe that EPA properly balanced the need for 
protective standards with the need to issue a rule that would 
be practical and understandable for contractors and their 
clients. The work practices required by the EPA rule have been 
shown to be effective at protecting children from lead-based 
paint hazards generated by renovation activities. Further, the 
rule's ``safe work'' practice standards are understandable and 
can be effectively implemented.
    This bill's requirement for ``dust clearance'' sampling 
would add significant cost and delay to private-sector 
renovation projects with no significant increase in health 
protection. The bill's ``clearance'' requirement would mean 
contractors would have to delay by several days most projects' 
completion while waiting for a certified sampler to collect a 
dust sample, then await the return of sample's laboratory 
results. I believe this is an unreasonable, unjustified burden 
to place on contractors and renovation professionals. Moreover, 
the cost is prohibitive--some have suggested that ``clearance 
sampling'' costs could be a high as $200 per project, which 
would mean this requirement would cost contractors and their 
clients nearly $2.2 billion per year.
    This bill also would mandate that EPA issue a revised final 
lead standard and regulations by April 2009--about 6 months 
from now. Restructuring the rule based on this legislation's 
new requirements, then taking that proposal through scientific 
review and public process is simply not feasible in that short 
time frame.
    As Ranking Member, I reiterate my concern that this 
Committee is again improperly attempting to impose its 
political judgment to undermine EPA's regulatory expertise and 
process. I oppose passage of this bill because I believe that 
EPA properly balanced human health concerns with private-sector 
burden, and, most importantly, the rule's requirements have 
been shown to be effective at protecting children from lead-
based paint hazards generated by renovation activities.

                                                   James M. Inhofe.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                  
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