II 

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 leadbased paint renovation and remodeling activities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lead Exposure Reduc5 tion Amendments Act of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 401 of the Toxic Substances Control Act (15 

8 U.S.C. 2681) is amended— 

9 (1) in paragraph (1)— 


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1 (A) by redesignating subparagraphs (A) 

2 and (B) as clauses (i) and (ii), respectively, and 

3 indenting the clauses appropriately; 

4 (B) in the first sentence, by striking ‘‘The 

5 term’’ and inserting the following: 

6 ‘‘(A) IN GENERAL.—The term’’; 

7 (C) by striking ‘‘Such term includes—’’ 

8 and inserting the following: 

9 ‘‘(B) INCLUSIONS.—The term ‘abatement’ 

10 includes—’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(C) EXCLUSIONS.—The term ‘abatement’ 

13 does not include any renovation, remodeling, 

14 landscaping, or other activity— 

15 ‘‘(i) the primary purpose of which is 

16 to repair, restore, or remodel a structure 

17 or dwelling; and 

18 ‘‘(ii) that incidentally results in a re19 duction or elimination of lead-based paint 

20 hazards.’’; 

21 (2) by redesignating paragraphs (4) through 

22 (12) and paragraphs (13) through (17) as para23 graphs (5) through (13) and paragraphs (15) 

24 through (19), respectively; 


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1 (3) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) EMERGENCY RENOVATION.—The term 

4 ‘emergency renovation’ means a renovation, replace5 ment, or repair activity that— 

6 ‘‘(A) was not planned; and 

7 ‘‘(B) results from a sudden, unexpected 

8 event that, if not immediately attended to— 

9 ‘‘(i) presents a risk to the public 

10 health or safety; or 

11 ‘‘(ii) threatens to cause significant 

12 damage to equipment or property.’’; 

13 (4) by striking paragraph (10) (as redesignated 

14 by paragraph (2)) and inserting the following: 

15 ‘‘(10) LEAD-BASED PAINT.—The term ‘lead16 based paint’ means paint or other surface coatings 

17 that contain lead— 

18 ‘‘(A) in excess of— 

19 ‘‘(i) 1.0 milligrams per centimeter 

20 squared; or 

21 ‘‘(ii) 0.5 percent by weight; or 

22 ‘‘(B) in the case of paint or other surface 

23 coatings on target housing, the lower level es24 tablished by the Secretary of Housing and 

25 Urban Development under section 302(c) of the 


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1 Lead-Based Paint Poisoning Prevention Act 

2 (42 U.S.C. 4801 et seq.).’’; 

3 (5) by inserting after paragraph (13) (as redes4 ignated by paragraph (2)) the following: 

5 ‘‘(14) POST-ABATEMENT CLEARANCE TEST6 ING.—The term ‘post-abatement clearance testing’ 

7 means a test that— 

8 ‘‘(A) is carried out on the completion of 

9 any lead-based paint activity to ensure that— 

10 ‘‘(i) the reduction is complete; and 

11 ‘‘(ii) no lead-contaminated dust haz12 ards remain in the dwelling unit or work13 site; and 

14 ‘‘(B) includes a visual assessment and the 

15 collection and analysis of environmental sam16 ples from the dwelling or worksite.’’; and 

17 (6) by adding at the end the following: 

18 ‘‘(20) TEST KIT.—The term ‘test kit’ means a 

19 chemical test that has the ability to determine the 

20 presence of lead in a paint chip, paint powder, or 

21 painted surface at a level that is equal to or in ex22 cess of— 

23 ‘‘(A) 1.0 milligrams per centimeter 

24 squared; or 

25 ‘‘(B) 0.5 percent by weight.’’. 


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1 SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND 

2 CERTIFICATION. 

3 Section 402(c) of the Toxic Substances Control Act 

4 (15 U.S.C. 2682(c)) is amended— 

5 (1) by striking paragraph (2) and inserting the 

6 following: 

7 ‘‘(2) STUDY OF CERTIFICATION.— 

8 ‘‘(A) IN GENERAL.—Prior to proposing 

9 any new regulation applicable to target housing 

10 or public or commercial buildings constructed 

11 before 1978, the Administrator shall conduct a 

12 study of the extent to which persons engaged in 

13 various types of renovation and remodeling ac14 tivities in the target housing or public or com15 mercial buildings constructed before 1978— 

16 ‘‘(i) are exposed to lead in the conduct 

17 of those activities; or 

18 ‘‘(ii) disturb lead and create a lead19 based paint hazard on a regular or occa20 sional basis. 

21 ‘‘(B) COMPLETION.—The Administrator 

22 shall complete each study under subparagraph 

23 (A) and publish the results of that study not 

24 later than 1 year prior to proposing any new 

25 regulation applicable to a structure or dwelling 

26 described in subparagraph (A).’’; 


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1 (2) in paragraph (3)— 

2 (A) in the first sentence, by striking 

3 ‘‘Within 4 years’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—Not later than 4 

5 years’’; 

6 (B) in the second sentence, by striking ‘‘In 

7 determining’’ and inserting the following: 

8 ‘‘(B) USE OF STUDY.—In determining’’; 

9 (C) in the third sentence, by striking ‘‘If 

10 the Administrator’’ and inserting the following: 

11 ‘‘(C) DETERMINATION OF ADMINIS12 TRATOR.—If the Administrator’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(D) EXEMPTION.—An emergency renova15 tion shall be exempt from any regulation pro16 mulgated by the Administrator under this para17 graph. 

18 ‘‘(E) PROHIBITION ON POST-ABATEMENT

19 CLEARANCE REQUIREMENT.—No regulation 

20 promulgated by the Administrator under this 

21 paragraph shall require post-abatement clear22 ance testing.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) TARGET HOUSING OWNERS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 60 

2 days after the date of enactment of this para3 graph and subject to subparagraph (B), in pro4 mulgating any regulation relating to renovation 

5 or remodeling activities in target housing in 

6 which the owner resides, the Administrator 

7 shall include a provision that permits the owner 

8 to authorize the renovation or remodeling con9 tractor to forego compliance with that regula10 tion. 

11 ‘‘(B) RESTRICTION.—The Administrator 

12 shall only permit an owner of target housing to 

13 forgo compliance with a regulation under this 

14 paragraph if— 

15 ‘‘(i) no pregnant woman or child 

16 under the age of 6 resides in the target 

17 housing as of the date on which the ren18 ovation or remodeling commences; and 

19 ‘‘(ii) the owner submits to the renova20 tion or remodeling contractor written cer21 tification that— 

22 ‘‘(I) the renovation or remodeling 

23 project is to be carried out at the tar24 get housing of the owner; 


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1 ‘‘(II) no pregnant woman or child 

2 under the age of 6 resides in the tar3 get housing as of the date on which 

4 the renovation or remodeling com5 mences; and 

6 ‘‘(III) the owner acknowledges 

7 that, in carrying out the project, the 

8 renovation or remodeling contractor 

9 will be exempt from employing the 

10 work practices required by a regula11 tion promulgated under this sub12 section. 

13 ‘‘(C) LIMITATION OF CONTRACTOR LIABIL14 ITY.—A contractor that receives written certifi15 cation described in subparagraph (B)(ii) shall 

16 be exempt from liability resulting from any mis17 representation of the owner of the target hous18 ing. 

19 ‘‘(5) TEST KITS.— 

20 ‘‘(A) IN GENERAL.—In making a certifi21 cation determination under this subsection, the 

22 Administrator shall allow contractors to use 

23 commercially available lead-based paint test kits 

24 that comply with the positive and negative reVerDate Mar 15 2010 04:35 Mar 02, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2148.IS S2148

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1 sponse criteria established by the Adminis2 trator. 

3 ‘‘(B) TEST KIT APPROVAL.— 

4 ‘‘(i) IN GENERAL.—The Administrator 

5 shall establish a process by which the Ad6 ministrator shall identify and approve a 

7 test kit that— 

8 ‘‘(I) meets the criteria described 

9 in subparagraph (A); 

10 ‘‘(II) is inexpensively and com11 mercially available; 

12 ‘‘(III) does not require special 

13 training to use the test kit; and 

14 ‘‘(IV) enables users to determine 

15 the presence of lead at the job site in 

16 accordance with the criteria described 

17 in subparagraph (A) without the need 

18 for off-site laboratory analysis. 

19 ‘‘(ii) SUSPENSION OF REGULA20 TIONS.— 

21 ‘‘(I) IN GENERAL.—If the Ad22 ministrator is unable to determine 

23 that 1 or more test kits under clause 

24 (i) exists, the Administrator shall sus25 pend the implementation of any appliVerDate Mar 15 2010 04:35 Mar 02, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2148.IS S2148

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1 cable regulation under this subsection 

2 relating to renovation or remodeling, 

3 except for owners described in para4 graph (4)(B), until the date on which 

5 the Administrator— 

6 ‘‘(aa) identifies and ap7 proves 1 or more test kits under 

8 clause (i); and 

9 ‘‘(bb) publishes in the Fed10 eral Register notice of that iden11 tification and approval. 

12 ‘‘(II) DURATION.—The Adminis13 trator shall remove the suspension 

14 under this clause not earlier than 45 

15 days after the date on which notifica16 tion of the identification and approval 

17 of the test kit is published in the Fed18 eral Register in accordance with sub19 clause (I)(bb). 

20 ‘‘(III) APPLICABILITY.—This 

21 clause shall— 

22 ‘‘(aa) only apply to regula23 tions that permit an owner of 

24 target housing to authorize a 

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1 tractor to forego compliance with 

2 the regulation; and 

3 ‘‘(bb) not affect any other 

4 regulation issued under this sub5 section. 

6 ‘‘(6) APPLICABILITY OF CERTAIN PENALTIES.— 

7 Any regulation promulgated by the Administrator 

8 under this section requiring the submission of docu9 mentation to the Administrator shall provide— 

10 ‘‘(A) an exemption from penalty for a per11 son who— 

12 ‘‘(i) is submitting the required docu13 mentation for the first time; and 

14 ‘‘(ii) submits documentation that con15 tains de minimus or typographical errors, 

16 as determined by the Administrator; and 

17 ‘‘(B) a process by which a person described 

18 in subparagraph (A) may resubmit the required 

19 documentation. 

20 ‘‘(7) ACCREDITATION OF RECERTIFICATION

21 COURSES.—Subsection (a)(2)(D) shall not apply to 

22 any certified renovator recertification course that is 

23 accredited by the Environmental Protection Agen24 cy.’’. 

Æ 


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