‘‘(4) WAIVERS FOR TOYS AND RECREATIONAL
GAME PIECES.—Not later than 1 year after the date
of enactment of this subsection, the Administrator
shall promulgate regulations to waive the require-
ments of subsection (a)(2)(B) with respect to certain
toys and recreational game pieces that are collectible
items and scale models intended for adult acquisi-
tion.
‘‘(5) EXEMPTION OF PAINTS.—
‘‘(A) DETERMINATION.—
‘‘(i) IN GENERAL.—Not later than 5
years after the date of enactment of this
subsection, the Administrator shall deter-
mine, following public notice and oppor-
tunity for comment, whether there is—
‘‘(I) 1 (or more) primer paint
suitable for use as an electrocoat or
electrodeposition primer (or both) on
motor vehicle parts that contains less
than 1.9 percent lead by weight in dry
film;
‘‘(II) 1 (or more) original equip-
ment manufacturer paint, primer, or
service paint or primer for mirror
manufacturing or for equipment used
for agricultural, construction, and
general industrial and forestry pur-
poses that, in the dry coating, has a
lead solubility of less than 60 milli-
grams per liter, as described in the
American National Standards Insti-
tute (referred to in this title as
‘ANSI’) standard Z66.1;
‘‘(III) 1 (or more) substitute for
paints containing lead chromate pig-
ments for use in any class or category
of uses that contains less than or
equal to 0.06 percent lead by weight
in dry film; or
‘‘(IV) 1 (or more) substitute for
zinc-enriched industrial paint for use
in any class or category of uses that
contains less than 0.19 percent lead
by weight in dry film.
‘‘(ii) ADDITIONAL DETERMINATION BY
ADMINISTRATOR.—The Administrator also
shall determine whether 1 (or more) paint
or primer referred to in clause (i)—
‘‘(I) has substantially equivalent
corrosion inhibition and related per-
formance characteristics to any paint
or primer; and
‘‘(II) does not pose a greater risk
to human health and the environment
than a paint or primer,
in use for the applicable purpose specified
in clause (i) on the date of enactment of
this subsection.
‘‘(B) IDENTIFICATION.—If the Adminis-
trator determines pursuant to subparagraph
(A), that 1 (or more) of the paints and primers
referred to in subparagraph (A) meets the ap-
plicable specifications under such subparagraph,
the Administrator shall identify the lead con-
tent of the paint or primer of each applicable
category of paints or primers (or both) under
subclauses (I) through (IV) of subparagraph
(A)(i).
‘‘(C) PROHIBITION ON PROCESSING.—For
a category of paints or primers (or both) re-
ferred to in subparagraph (B), beginning on the
date that is 3 years after the Administrator
makes a determination under subparagraph
(B), no person shall process any paint or prim-
er with a lead content that exceeds the level
identified by the Administrator pursuant to
subparagraph (B).
‘‘(D) PROHIBITION
ON
DISTRIBUTION
IN
COMMERCE.—For a category of paints or prim-
ers (or both) referred to in subparagraph (B),
beginning on the date that is 4 years after the
Administrator makes a determination under
subparagraph (B), no person shall—
‘‘(i) distribute in commerce any paint
or primer with a lead content that exceeds
the level identified by the Administrator; or
‘‘(ii) process any new motor vehicle or
new motor vehicle part or new equipment
part coated with the paint or primer with
a lead content that exceeds the level identi-
fied by the Administrator.
‘‘(E) EFFECT OF NEGATIVE DETERMINA-
TION.—If the Administrator determines, pursu-
ant to subparagraph (A), that there is no paint
or primer suitable for a use referred to in
subclause (I), (II), (III), or (IV) of subpara-
graph (A)(i) that meets the applicable require-
ments under subparagraph (A)—
‘‘(i) beginning on the date that is 13
years after the date of enactment of this
subsection, no person shall process any
paint or primer for the use specified in the
determination pursuant to subparagraph
(A); and
‘‘(ii) beginning on the date that is 14
years after the date of enactment of this
subsection, no person shall distribute in
commerce any paint or primer for the use
specified in the determination pursuant to
subparagraph (A) (or process any motor
vehicle or motor vehicle part or new equip-
ment part coated with the paint or prim-
er),
that contains a lead content that exceeds a level
of lead content that the Administrator shall de-
termine, on the basis of the identification of the
lead content of paints and primers for the use.
‘‘(c) STATEMENTS BY THE ADMINISTRATOR RELAT-
ING TO MODIFICATIONS OF RESTRICTIONS.—In promul-
gating any regulation under subsection (b) with respect
to the allowable lead content for a product, or a group
of products, under a product category, the Administrator
shall, prior to the promulgation of a final regulation, con-
sider and publish a statement that describes the effects
of the proposed allowable lead content level for the prod-