II 

110TH CONGRESS 

2D SESSION S. 3513 

To direct the Administrator of the Environmental Protection Agency to revise 

regulations relating to lead-based paint hazards, lead-contaminated dust, 

and lead-contaminated soil, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2008 

Mrs. CLINTON (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to revise regulations relating to lead-based paint 

hazards, lead-contaminated dust, and lead-contaminated 

soil, and for other purposes. 

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 ‘‘Renovation Rule Im5 provement Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) FINAL RULE.—The term ‘‘final rule’’ means 

5 the final rule promulgated by the Administrator en6 titled ‘‘Lead; Renovation, Repair, and Painting Pro7 gram’’ (73 Fed. Reg. 21692 (April 22, 2008)). 

8 (3) INDEPENDENT CLEARANCE.—The term 

9 ‘‘independent clearance’’ means clearance of a ren10 ovation performed by a certified assessor or certified 

11 sampling technician who was not an individual per12 forming the renovation. 

13 SEC. 3. RENOVATION AND REMODELING REGULATIONS. 

14 Not later than 90 days after the date of enactment 

15 of this Act, the Administrator shall update the final rule 

16 to include requirements that— 

17 (1) independent clearance shall be performed by 

18 a certified risk assessor or certified sampling techni19 cian to ensure compliance with lead hazard stand20 ards relating to lead, lead dust, and lead-based paint 

21 in effect as of the date of enactment of this Act, 

22 such that— 

23 (A) ongoing, periodic random sampling 

24 shall be permitted so long as a sufficient num25 ber of samples are selected to provide a 95-perVerDate Aug 31 2005 03:26 Sep 18, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513

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1 cent level of confidence that none of the renova2 tions completed by a certified renovation firm 

3 would result in levels that exceed the standards, 

4 as determined by the Administrator; and 

5 (B) if random sampling indicates that a 

6 group of particular renovations results in a level 

7 that exceeds the standards, until such time as 

8 the Administrator determines that the renova9 tions of the individual or entity achieve the level 

10 of confidence described in subparagraph (A), 

11 the individual or entity that completed the ren12 ovations shall be responsible for providing for 

13 independent clearance of— 

14 (i) each subsequent renovation com15 pleted by the individual or entity; and 

16 (ii) each unit renovated during the pe17 riod beginning on the date of the most re18 cent clear inspection and ending on the 

19 date of failure of clearance, including offer20 ing to perform recleaning on any unit that 

21 exceeds standards; 

22 (2) a written renovation completion report shall 

23 be provided to both owners and occupants of a cov24 ered property describing all the actions that were 

25 performed to reduce lead hazards during the work 


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1 and the results of all tests performed as part of ef2 forts to ensure compliance with the final rule and 

3 other applicable regulations; 

4 (3) work practices used shall be at least as pro5 tective as those of the Department of Housing and 

6 Urban Development described in 35.1350 of title 24, 

7 Code of Federal Regulations (or successor regula8 tions); and 

9 (4) an individual who has completed a lead10 based paint training and certification program shall 

11 be present at all times that work is undertaken at 

12 a work site. 

13 SEC. 4. TRAINING OPPORTUNITIES. 

14 (a) GRANT PROGRAM TO EXPAND TRAINING OPPOR15 TUNITIES.— 

16 (1) ESTABLISHMENT.—The Administrator shall 

17 establish a grant program to expand training oppor18 tunities relating to lead-based paint that are avail19 able at the State and tribal level. 

20 (2) USE OF FUNDS.—Funds provided through 

21 grants under the program established under para22 graph (1)— 

23 (A) shall be used by a recipient to provide 

24 no-cost, culturally and linguistically appropriate 

25 lead-based paint training and certification opVerDate Aug 31 2005 03:26 Sep 18, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513

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1 portunities for low-income workers, in order to 

2 ensure the presence, at all times that work is 

3 undertaken at a work site, of an individual who 

4 has completed a lead-based paint training and 

5 certification program; and 

6 (B) may be used by a recipient— 

7 (i) to expand new and supplemental 

8 training opportunities, giving priority to 

9 those opportunities established and carried 

10 out in partnership with nongovernmental 

11 organizations, to increase the number of 

12 individuals who have completed lead-based 

13 paint training and certification programs 

14 that are in compliance with updates to the 

15 final rule required under section 3; 

16 (ii) to maintain, improve, or develop 

17 infrastructure and oversight to ensure 

18 that— 

19 (I) individuals engaged in renova20 tion activities are properly trained; 

21 (II) lead-based paint training 

22 programs are accredited; 

23 (III) contractors and firms en24 gaged in renovation activities are cer25 tified; and 


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1 (IV) renovation activities are car2 ried out in accordance with the final 

3 rule (including updates to that final 

4 rule required under section 3) and 

5 other applicable regulations; 

6 (iii) to provide for training of enforce7 ment inspectors and compliance and lead 

8 dust sampling techniques; 

9 (iv) to implement lead-based paint 

10 compliance assistance programs; and 

11 (v) to engage in education and out12 reach activities regarding the final rule. 

13 (3) TREATMENT OF FUNDS.—The program es14 tablished under paragraph (1), and funds provided 

15 through grants under that program, shall supple16 ment, and not supplant, lead-based paint training 

17 programs and grants available as of the date of en18 actment of this Act. 

19 (4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $7,000,000 for the period of fiscal 

22 years 2009 through 2012. 

23 (b) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Administrator, in collabora25 tion with the Secretary of Housing and Urban DevelopVerDate Aug 31 2005 03:26 Sep 18, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513

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1 ment, shall prepare, publish, and submit to the appro2 priate committees of Congress a report that— 

3 (1) analyzes the impact of the final rule on pre4 venting lead poisoning; 

5 (2) analyzes training opportunities for contrac6 tors and renovators; and 

7 (3) makes recommendations for expansion and 

8 coordination of that training in a manner that, to 

9 the maximum extent practicable— 

10 (A) maximizes coordination between the 

11 Department of Housing and Urban Develop12 ment and the Environmental Protection Agency 

13 to ensure standard training and curriculum de14 velopment; 

15 (B) ensures that contractors, renovators, 

16 owners, occupants, and State, tribal, and local 

17 governments are aware of training and certifi18 cation activities provided through the Depart19 ment of Housing and Urban Development and 

20 the Environmental Protection Agency; 

21 (C) expands the number of individuals who 

22 have completed lead-based paint training and 

23 certification programs so as to ensure that such 

24 an individual is available to be present at a 


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1 work site at all times that work is undertaken 

2 during renovations; and 

3 (D) expands the number of individuals who 

4 have completed sampling technician training. 

Æ 


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