II 

114TH CONGRESS 

1ST SESSION S. 1987 

To amend the Toxic Substances Control Act relating to lead-based paint 

renovation and remodeling activities. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2015 

Mr. INHOFE (for himself, Mr. THUNE, and Mr. GRASSLEY) 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 2015’’. 

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)— 


rmajette on DSK2VPTVN1PROD with BILLS
2 

•S 1987 IS

1 (A) by redesignating subparagraphs (A) 

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

3 indenting 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, or 

14 other activity— 

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

16 to repair, restore, or remodel target hous17 ing, public buildings constructed before 

18 1978, or commercial buildings; and 

19 ‘‘(ii) that incidentally results in a re20 duction or elimination of lead-based paint 

21 hazards.’’; 

22 (2) by redesignating— 

23 (A) paragraphs (4) through (12) as para24 graphs (5) through (13); 


rmajette on DSK2VPTVN1PROD with BILLS
3 

•S 1987 IS

1 (B) paragraph (13) as paragraph (15); 

2 and 

3 (C) paragraphs (14) through (17) as para4 graphs (18) through (21), respectively; 

5 (3) by inserting after paragraph (3) the fol6 lowing: 

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

8 ‘emergency renovation’ means a renovation or re9 modeling activity that is carried out in response to 

10 an event— 

11 ‘‘(A) that is an act of God, as that term 

12 is defined in section 101 of the Comprehensive 

13 Environmental Response, Compensation, and 

14 Liability Act of 1980 (42 U.S.C. 9601); or 

15 ‘‘(B) that if not attended to as soon as is 

16 practicable— 

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

18 health or safety; or 

19 ‘‘(ii) threatens to cause significant 

20 damage to equipment or property.’’; 

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

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

23 ‘‘(10) LEAD-BASED PAINT.— 


rmajette on DSK2VPTVN1PROD with BILLS
4 

•S 1987 IS

1 ‘‘(A) IN GENERAL.—The term ‘lead-based 

2 paint’ means paint or other surface coatings 

3 that contain lead in excess of— 

4 ‘‘(i) 1.0 milligrams per centimeter 

5 squared; or 

6 ‘‘(ii) 0.5 percent by weight. 

7 ‘‘(B) TARGET HOUSING.—With respect to 

8 paint or other surface coatings on target hous9 ing, the term ‘lead-based paint’ means paint or 

10 other surface coatings that contain lead in ex11 cess of the lower of— 

12 ‘‘(i) the level described in subpara13 graph (A); or 

14 ‘‘(ii) a level established by the Sec15 retary of Housing and Urban Development 

16 under section 302(c) of the Lead-Based 

17 Paint Poisoning Prevention Act (42 U.S.C. 

18 4822(c)).’’; 

19 (5) by inserting after paragraph (13) (as redes20 ignated by paragraph (2)) the following: 

21 ‘‘(14) POSTABATEMENT CLEARANCE TEST22 ING.—The term ‘postabatement clearance testing’ 

23 means testing that— 

24 ‘‘(A) is carried out upon the completion of 

25 any lead-based paint activity to ensure that— 


rmajette on DSK2VPTVN1PROD with BILLS
5 

•S 1987 IS

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

2 ‘‘(ii) no lead-based paint hazards re3 main in the area in which the lead-based 

4 paint activity occurs; and 

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

6 collection and analysis of environmental sam7 ples from an area in which lead-based paint ac8 tivities occur.’’; and 

9 (6) by inserting after paragraph (15) (as redes10 ignated by paragraph (2)) the following: 

11 ‘‘(16) RENOVATION.—The term ‘renovation’ 

12 has the meaning given such term in section 745.83 

13 of title 40, Code of Federal Regulations (as in effect 

14 on the date of enactment of this paragraph). 

15 ‘‘(17) RENOVATION AND REMODELING REGULA16 TION.—The term ‘renovation and remodeling regula17 tion’ means a regulation promulgated under section 

18 402(a) and revised pursuant to section 402(c)(3)(A), 

19 as the regulation is applied to renovation or remod20 eling activities in target housing, public buildings 

21 constructed before 1978, and commercial build22 ings.’’. 


rmajette on DSK2VPTVN1PROD with BILLS
6 

•S 1987 IS

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.—Not later than 1 year 

9 prior to proposing any renovation and remod10 eling regulation after the date of enactment of 

11 the Lead Exposure Reduction Amendments Act 

12 of 2015, the Administrator shall conduct, sub13 mit to Congress, and make available for public 

14 comment (after peer review) the results of a 

15 study of the extent to which persons engaged in 

16 various types of renovation and remodeling ac17 tivities in target housing, public buildings con18 structed before 1978, or commercial build19 ings— 

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

21 of those activities; and 

22 ‘‘(ii) disturb lead and create a lead23 based paint hazard on a regular or occa24 sional basis in the conduct of those activi25 ties. 


rmajette on DSK2VPTVN1PROD with BILLS
7 

•S 1987 IS

1 ‘‘(B) SCOPE AND COVERAGE.—A study 

2 conducted under subparagraph (A) shall con3 sider the risks described in clauses (i) and (ii) 

4 of that subparagraph with respect to each sepa5 rate building type described in that subpara6 graph, as the regulation to be proposed would 

7 apply to each building type.’’; 

8 (2) in paragraph (3)— 

9 (A) in the first sentence by striking ‘‘With10 in 4 years’’ and inserting the following: 

11 ‘‘(A) IN GENERAL.—Not later than 4 

12 years’’; and 

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

14 ‘‘(B) EXEMPTION.—An emergency renova15 tion shall be exempt from any renovation and 

16 remodeling regulation, and a person carrying 

17 out an emergency renovation shall be exempt 

18 from any regulation promulgated under section 

19 406(b) with respect to the emergency renova20 tion. 

21 ‘‘(C) PROHIBITION ON POSTABATEMENT

22 CLEARANCE REQUIREMENT.—No renovation 

23 and remodeling regulation may require 

24 postabatement clearance testing.’’; and 

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


rmajette on DSK2VPTVN1PROD with BILLS
8 

•S 1987 IS

1 ‘‘(4) TARGET HOUSING OWNERS.— 

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

3 days after the date of enactment of this para4 graph, and subject to subparagraph (B), the 

5 Administrator shall promulgate regulations to 

6 permit an owner of a residential dwelling that 

7 is target housing, who resides in the residential 

8 dwelling, to authorize a contractor to forgo 

9 compliance with the requirements of a renova10 tion and remodeling regulation with respect to 

11 the residential dwelling. 

12 ‘‘(B) WRITTEN CERTIFICATION.—The reg13 ulations promulgated under subparagraph (A) 

14 shall require that an owner of a residential 

15 dwelling that is target housing, who resides in 

16 the residential dwelling, may only authorize a 

17 contractor to forgo compliance with the require18 ments of a renovation and remodeling regula19 tion if the owner submits to the contractor a 

20 written certification stating that— 

21 ‘‘(i) the renovation or remodeling 

22 project is to be carried out at the residen23 tial dwelling in which the owner resides; 

24 ‘‘(ii) no pregnant woman or child 

25 under the age of 6 resides in the residenVerDate Sep 11 2014 07:18 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1987.IS S1987

rmajette on DSK2VPTVN1PROD with BILLS
9 

•S 1987 IS

1 tial dwelling as of the date on which the 

2 renovation or remodeling project com3 mences, or will reside in the residential 

4 dwelling for the duration of the project; 

5 and 

6 ‘‘(iii) the owner acknowledges that, in 

7 carrying out the project, the contractor will 

8 be exempt from the requirements of a ren9 ovation and remodeling regulation. 

10 ‘‘(C) RESTRICTION.—A contractor may not 

11 forgo compliance with the requirements of a 

12 renovation and remodeling regulation pursuant 

13 to a written certification submitted under sub14 paragraph (B) if the contractor has actual 

15 knowledge of a pregnant woman or child under 

16 the age of 6 residing in the residential dwelling 

17 as of the date on which the renovation or re18 modeling commences (and for the duration of 

19 the project). 

20 ‘‘(D) LIMITATION OF CONTRACTOR LIABIL21 ITY.—The Administrator may not hold a con22 tractor responsible for a misrepresentation 

23 made by the owner of a residential dwelling in 

24 a written certification submitted under subparaVerDate Sep 11 2014 07:18 Aug 12, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1987.IS S1987

rmajette on DSK2VPTVN1PROD with BILLS
10 

•S 1987 IS

1 graph (B), unless the contractor has actual 

2 knowledge of a misrepresentation. 

3 ‘‘(5) TEST KITS.— 

4 ‘‘(A) DEFINITIONS.—In this paragraph: 

5 ‘‘(i) POST-1960 BUILDING RENOVA6 TION AND REMODELING REGULATION.— 

7 The term ‘post-1960 building renovation 

8 and remodeling regulation’ means a ren9 ovation and remodeling regulation, as the 

10 regulation applies to— 

11 ‘‘(I) target housing constructed 

12 after January 1, 1960; 

13 ‘‘(II) public buildings constructed 

14 between January 1, 1960 and Janu15 ary 1, 1978; and 

16 ‘‘(III) commercial buildings con17 structed after January 1, 1960. 

18 ‘‘(ii) QUALIFYING TEST KIT.—The 

19 term ‘qualifying test kit’ means a chemical 

20 test that— 

21 ‘‘(I) can determine the presence 

22 of lead-based paint, as defined in sec23 tion 401(10)(A); 

24 ‘‘(II) has a false positive response 

25 rate of 10 percent or less; 


rmajette on DSK2VPTVN1PROD with BILLS
11 

•S 1987 IS

1 ‘‘(III) has a false negative re2 sponse rate of 5 percent or less; 

3 ‘‘(IV) does not require the use of 

4 off-site laboratory analysis to obtain 

5 results; 

6 ‘‘(V) is inexpensively and com7 mercially available; and 

8 ‘‘(VI) does not require special 

9 training to use. 

10 ‘‘(B) RECOGNITION OF QUALIFYING TEST

11 KIT.— 

12 ‘‘(i) RECOGNITION.—The Adminis13 trator shall recognize for use under this 

14 title a qualifying test kit, and publish in 

15 the Federal Register notice of the recogni16 tion. 

17 ‘‘(ii) SUSPENSION OF ENFORCEMENT

18 OF CERTAIN REGULATIONS.—If, not later 

19 than 1 year after the date of enactment of 

20 this paragraph, the Administrator does not 

21 recognize a qualifying test kit under clause 

22 (i), the Administrator— 

23 ‘‘(I) shall publish in the Federal 

24 Register notice of the failure to recog25 nize a qualifying test kit; and 


rmajette on DSK2VPTVN1PROD with BILLS
12 

•S 1987 IS

1 ‘‘(II) except as provided in clause 

2 (iii), may not enforce any post-1960 

3 building renovation and remodeling 

4 regulation, with respect to a period 

5 beginning on the date that is 1 year 

6 after the date of enactment of this 

7 paragraph and ending on the date 

8 that is 6 months after the date on 

9 which the Administrator— 

10 ‘‘(aa) recognizes for use 

11 under this title a qualifying test 

12 kit; and 

13 ‘‘(bb) publishes in the Fed14 eral Register notice of the rec15 ognition and of the date on which 

16 enforcement of the post-1960 

17 building renovation and remod18 eling regulations will resume. 

19 ‘‘(iii) APPLICABILITY OF SUSPEN20 SION.—The Administrator shall not sus21 pend enforcement of any post-1960 build22 ing renovation and remodeling regulation 

23 for the period described in clause (ii)(II) 

24 with respect to a residential dwelling in 


rmajette on DSK2VPTVN1PROD with BILLS
13 

•S 1987 IS

1 which a pregnant woman or child under 

2 the age of 6 resides. 

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

4 Any renovation and remodeling regulation requiring 

5 the submission of documentation to the Adminis6 trator shall provide— 

7 ‘‘(A) an exemption from an applicable pen8 alty for failure to comply with the requirement 

9 for a person who— 

10 ‘‘(i) is submitting the required docu11 mentation for the first time; and 

12 ‘‘(ii) submits documentation that con13 tains only de minimus or typographical er14 rors, as determined by the Administrator; 

15 and 

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

17 in subparagraph (A) may resubmit the required 

18 documentation. 

19 ‘‘(7) ACCREDITATION OF RECERTIFICATION

20 COURSES.—The hands-on training requirements re21 quired under subsection (a)(2)(D) shall not apply to 

22 any recertification course accredited by the Environ23 mental Protection Agency that is otherwise required 

24 to be completed under this title by a person that is 


rmajette on DSK2VPTVN1PROD with BILLS
14 

•S 1987 IS

1 certified to engage in renovation and remodeling ac2 tivities.’’. 

Æ 


rmajette on DSK2VPTVN1PROD with BILLS