Lead Exposure Reduction Amendments Act of 2012

Bill: 112-s-2148
Sponsor: Sen. Inhofe, James M. [R-OK]
Introduced: 2012-03-01 in the Senate
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Building construction
Environmental Protection Agency (EPA)
Environmental regulatory procedures
Government studies and investigations
Hazardous wastes and toxic substances
Residential rehabilitation and home repair
Worker safety and health

Summary:
action_date: 2012-03-01
text: 
Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of &quot;abatement&quot; any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards.
 
Removes from the definition of &quot;lead-based paint&quot; lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition.
 
Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. 
 
 Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. 
 
Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.


Legislative actions:
action_date: 2012-03-01
text: Read twice and referred to the Committee on Environment and Public Works.
action_date: 2012-03-01
text: Introduced in Senate