II 

113TH CONGRESS 

1ST SESSION S. 484 

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

renovation and remodeling activities. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2013 

Mr. INHOFE (for himself, Mr. VITTER, Mr. COBURN, Mr. ENZI, Mrs. FISCHER, Mr. BLUNT, 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 2013’’. 

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, 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); 


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

2 and 

3 (C) paragraphs (14) through (17) and 

4 paragraphs (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(1) of the Comprehen13 sive Environmental Response, Compensation, 

14 and Liability Act of 1980; 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.— 


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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.’’; 

18 (5) by inserting after paragraph (13) (as redes19 ignated by paragraph (2)) the following: 

20 ‘‘(14) POSTABATEMENT CLEARANCE TEST21 ING.—The term ‘postabatement clearance testing’ 

22 means testing that— 

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

24 any lead-based paint activity to ensure that— 

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


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1 ‘‘(ii) no lead-based paint hazards re2 main in the area in which the lead-based 

3 paint activity occurs; and 

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

5 collection and analysis of environmental sam6 ples from an area in which lead-based paint ac7 tivities occur.’’; and 

8 (6) by inserting after paragraph (15) (as redes9 ignated by paragraph (2)) the following: 

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

11 has the meaning given such term in section 745.83 

12 of title 40, Code of Federal Regulations, as in effect 

13 on the date of enactment of this paragraph. 

14 ‘‘(17) RENOVATION AND REMODELING REGULA15 TION.—The term ‘renovation and remodeling regula16 tion’ means a regulation promulgated under section 

17 402(a) and revised pursuant to section 402(c)(3)(A), 

18 as such regulation is applied to renovation or remod19 eling activities in target housing, public buildings 

20 constructed before 1978, and commercial build21 ings.’’. 

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

23 CERTIFICATION. 

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

25 (15 U.S.C. 2682(c)) is amended— 


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

2 following: 

3 ‘‘(2) STUDY OF CERTIFICATION.— 

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

5 prior to proposing any renovation and remod6 eling regulation after the date of enactment of 

7 the Lead Exposure Reduction Amendments Act 

8 of 2012, the Administrator shall conduct, sub9 mit to the Congress, and make available for 

10 public comment (after peer review) the results 

11 of, a study of the extent to which persons en12 gaged in various types of renovation and remod13 eling activities in target housing, public build14 ings constructed before 1978, or commercial 

15 buildings— 

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

17 of such activities; and 

18 ‘‘(ii) disturb lead and create a lead19 based paint hazard on a regular or occa20 sional basis in the conduct of such activi21 ties. 

22 ‘‘(B) SCOPE AND COVERAGE.—Each study 

23 conducted under subparagraph (A) shall con24 sider the risks described in clauses (i) and (ii) 

25 of such subparagraph with respect to each sepaVerDate Mar 15 2010 02:50 Mar 08, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S484.IS S484

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1 rate building type described in such subpara2 graph, as the regulation to be proposed would 

3 apply to each such building type.’’; 

4 (2) in paragraph (3)— 

5 (A) in the first sentence by striking ‘‘With6 in 4 years’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—Not later than 4 

8 years’’; and 

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

10 ‘‘(B) EXEMPTION.—An emergency renova11 tion shall be exempt from any renovation and 

12 remodeling regulation, and a person carrying 

13 out an emergency renovation shall be exempt 

14 from any regulation promulgated under section 

15 406(b) with respect to the emergency renova16 tion. 

17 ‘‘(C) PROHIBITION ON POSTABATEMENT

18 CLEARANCE REQUIREMENT.—No renovation 

19 and remodeling regulation may require 

20 postabatement clearance testing.’’; and 

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

22 ‘‘(4) TARGET HOUSING OWNERS.— 

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

24 days after the date of enactment of this para25 graph, and subject to subparagraph (B), the 


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1 Administrator shall promulgate regulations to 

2 permit an owner of a residential dwelling that 

3 is target housing, who resides in such residen4 tial dwelling, to authorize a contractor to forgo 

5 compliance with the requirements of a renova6 tion and remodeling regulation with respect to 

7 such residential dwelling. 

8 ‘‘(B) WRITTEN CERTIFICATION.—The reg9 ulations promulgated under subparagraph (A) 

10 shall require that an owner of a residential 

11 dwelling that is target housing, who resides in 

12 such residential dwelling, may only authorize a 

13 contractor to forgo compliance with the require14 ments of a renovation and remodeling regula15 tion if the owner submits to such contractor a 

16 written certification stating that— 

17 ‘‘(i) the renovation or remodeling 

18 project is to be carried out at the residen19 tial dwelling in which the owner resides; 

20 ‘‘(ii) no pregnant woman or child 

21 under the age of 6 resides in the residen22 tial dwelling as of the date on which the 

23 renovation or remodeling project com24 mences, or will reside in the residential 


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1 dwelling for the duration of such project; 

2 and 

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

4 carrying out the project, such contractor 

5 will be exempt from the requirements of a 

6 renovation and remodeling regulation. 

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

8 forgo compliance with the requirements of a 

9 renovation and remodeling regulation pursuant 

10 to a written certification submitted under sub11 paragraph (B) if such contractor has actual 

12 knowledge of a pregnant woman or child under 

13 the age of 6 residing in the residential dwelling 

14 as of the date on which the renovation or re15 modeling commences (and for the duration of 

16 such project). 

17 ‘‘(D) LIMITATION OF CONTRACTOR LIABIL18 ITY.—The Administrator may not hold a con19 tractor responsible for a misrepresentation 

20 made by the owner of a residential dwelling in 

21 a written certification submitted under subpara22 graph (B), unless the contractor has actual 

23 knowledge of such a misrepresentation. 

24 ‘‘(5) TEST KITS.— 

25 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) RECOGNITION.—The Adminis2 trator shall recognize for use under this 

3 title a qualifying test kit, and publish in 

4 the Federal Register notice of such rec5 ognition. 

6 ‘‘(ii) SUSPENSION OF ENFORCEMENT

7 OF CERTAIN REGULATIONS.—If, not later 

8 than 1 year after the date of enactment of 

9 this paragraph, the Administrator does not 

10 recognize a qualifying test kit under clause 

11 (i), the Administrator— 

12 ‘‘(I) shall publish in the Federal 

13 Register notice of such failure to rec14 ognize a qualifying test kit; and 

15 ‘‘(II) except as provided in clause 

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

17 building renovation and remodeling 

18 regulation, with respect to a period 

19 beginning on the date that is 1 year 

20 after the date of enactment of this 

21 paragraph and ending on the date 

22 that is 6 months after the date on 

23 which the Administrator— 


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1 ‘‘(aa) recognizes for use 

2 under this title a qualifying test 

3 kit; and 

4 ‘‘(bb) publishes in the Fed5 eral Register notice of such rec6 ognition and of the date on which 

7 enforcement of the post-1960 

8 building renovation and remod9 eling regulations will resume. 

10 ‘‘(iii) APPLICABILITY OF SUSPEN11 SION.—The Administrator shall not sus12 pend enforcement of any post-1960 build13 ing renovation and remodeling regulation 

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

15 with respect to a residential dwelling in 

16 which a pregnant woman or child under 

17 the age of 6 resides. 

18 ‘‘(B) QUALIFYING TEST KIT.—In this sub19 section, the term ‘qualifying test kit’ means a 

20 chemical test that— 

21 ‘‘(i) can determine the presence of 

22 lead-based paint, as defined in section 

23 401(10)(A); 

24 ‘‘(ii) has a false positive response rate 

25 of 10 percent or less; 


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1 ‘‘(iii) has a false negative response 

2 rate of 5 percent or less; 

3 ‘‘(iv) does not require the use of off4 site laboratory analysis to obtain results; 

5 ‘‘(v) is inexpensively and commercially 

6 available; and 

7 ‘‘(vi) does not require special training 

8 to use. 

9 ‘‘(C) POST-1960 BUILDING RENOVATION

10 AND REMODELING REGULATION.—In this sub11 section, the term ‘post-1960 building renovation 

12 and remodeling regulation’ means a renovation 

13 and remodeling regulation, as it applies to— 

14 ‘‘(i) target housing constructed after 

15 January 1, 1960; 

16 ‘‘(ii) public buildings constructed be17 tween January 1, 1960 and January 1, 

18 1978; and 

19 ‘‘(iii) commercial buildings con20 structed after January 1, 1960. 

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

22 Any renovation and remodeling regulation requiring 

23 the submission of documentation to the Adminis24 trator shall provide— 


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1 ‘‘(A) an exemption from an applicable pen2 alty for failure to comply with such requirement 

3 for a person who— 

4 ‘‘(i) is submitting the required docu5 mentation for the first time; and 

6 ‘‘(ii) submits documentation that con7 tains only de minimus or typographical er8 rors, as determined by the Administrator; 

9 and 

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

11 in subparagraph (A) may resubmit the required 

12 documentation. 

13 ‘‘(7) ACCREDITATION OF RECERTIFICATION

14 COURSES.—The hands-on training requirements re15 quired by subsection (a)(2)(D) shall not apply to any 

16 recertification course accredited by the Environ17 mental Protection Agency that is otherwise required 

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

19 certified to engage in renovation and remodeling ac20 tivities.’’. 

Æ 


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