Lead Exposure Reduction Amendments Act of 2015

To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities. 1. Short title This Act may be cited as the Lead Exposure Reduction Amendments Act of 2015 2. Definitions Section 401 of the Toxic Substances Control Act ( 15 U.S.C. 2681 (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the first sentence, by striking The term (A) In general The term ; (C) by striking Such term includes— (B) Inclusions The term abatement ; and (D) by adding at the end the following: (C) Exclusions The term abatement (i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (ii) that incidentally results in a reduction or elimination of lead-based paint hazards. ; (2) by redesignating— (A) paragraphs (4) through (12) as paragraphs (5) through (13); (B) paragraph (13) as paragraph (15); and (C) paragraphs (14) through (17) as paragraphs (18) through (21), respectively; (3) by inserting after paragraph (3) the following: (4) Emergency renovation The term emergency renovation (A) that is an act of God, as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 (B) that if not attended to as soon as is practicable— (i) presents a risk to the public health or safety; or (ii) threatens to cause significant damage to equipment or property. ; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: (10) Lead-based paint (A) In general The term lead-based paint (i) 1.0 milligrams per centimeter squared; or (ii) 0.5 percent by weight. (B) Target housing With respect to paint or other surface coatings on target housing, the term lead-based paint (i) the level described in subparagraph (A); or (ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act ( 42 U.S.C. 4822(c) ; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: (14) Postabatement clearance testing The term postabatement clearance testing (A) is carried out upon the completion of any lead-based paint activity to ensure that— (i) the reduction is complete; and (ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and (B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur. ; and (6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following: (16) Renovation The term renovation (17) Renovation and remodeling regulation The term renovation and remodeling regulation . 3. Lead-based paint activities training and certification Section 402(c) of the Toxic Substances Control Act ( 15 U.S.C. 2682(c) (1) by striking paragraph (2) and inserting the following: (2) Study of certification (A) In general Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2015 (i) are exposed to lead in the conduct of those activities; and (ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of those activities. (B) Scope and coverage A study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of that subparagraph with respect to each separate building type described in that subparagraph, as the regulation to be proposed would apply to each building type. ; (2) in paragraph (3)— (A) in the first sentence by striking Within 4 years (A) In general Not later than 4 years ; and (B) by adding at the end the following: (B) Exemption An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation. (C) Prohibition on postabatement clearance requirement No renovation and remodeling regulation may require postabatement clearance testing. ; and (3) by adding at the end the following: (4) Target housing owners (A) In general Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in the residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to the residential dwelling. (B) Written certification The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in the residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to the contractor a written certification stating that— (i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; (ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of the project; and (iii) the owner acknowledges that, in carrying out the project, the contractor will be exempt from the requirements of a renovation and remodeling regulation. (C) Restriction A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if the contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of the project). (D) Limitation of contractor liability The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of a misrepresentation. (5) Test kits (A) Definitions In this paragraph: (i) Post-1960 building renovation and remodeling regulation The term post-1960 building renovation and remodeling regulation (I) target housing constructed after January 1, 1960; (II) public buildings constructed between January 1, 1960 and January 1, 1978; and (III) commercial buildings constructed after January 1, 1960. (ii) Qualifying test kit The term qualifying test kit (I) can determine the presence of lead-based paint, as defined in section 401(10)(A); (II) has a false positive response rate of 10 percent or less; (III) has a false negative response rate of 5 percent or less; (IV) does not require the use of off-site laboratory analysis to obtain results; (V) is inexpensively and commercially available; and (VI) does not require special training to use. (B) Recognition of qualifying test kit (i) Recognition The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of the recognition. (ii) Suspension of enforcement of certain regulations If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator— (I) shall publish in the Federal Register notice of the failure to recognize a qualifying test kit; and (II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator— (aa) recognizes for use under this title a qualifying test kit; and (bb) publishes in the Federal Register notice of the recognition and of the date on which enforcement of the post-1960 building renovation and remodeling regulations will resume. (iii) Applicability of suspension The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides. (6) Applicability of certain penalties Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide— (A) an exemption from an applicable penalty for failure to comply with the requirement for a person who— (i) is submitting the required documentation for the first time; and (ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and (B) a process by which a person described in subparagraph (A) may resubmit the required documentation. (7) Accreditation of recertification courses The hands-on training requirements required under subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities. .

Summary: Lead Exposure Reduction Amendments Act of 2015 This bill amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. The Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, must study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempted from such a regulation is an emergency renovation carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. A regulation may not require post-abatement clearance testing. The EPA must promulgate regulations to permit a resident owner of a dwelling that is target housing to authorize a contractor to forego compliance with such a regulation if the owner certifies that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that the contractor will be exempt from the requirements of such regulation. The EPA may not hold a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation. The EPA must: (1) recognize a qualifying test kit for use under TSCA, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the EPA recognizes such a test kit.