Sec. 3. Lead-based paint activities training and certification
994 words·~5 min read·
/bill/113/s/484/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 402(c) of the Toxic Substances Control Act ( 15 U.S.C. 2682(c) ) is amended— by striking paragraph
(2)and inserting the following: 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 2012, the Administrator shall conduct, submit to the Congress, and make available for public comment (after peer review) the results of, a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings— are exposed to lead in the conduct of such activities; and disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities. Each study conducted under subparagraph
(A)shall consider the risks described in clauses
(i)and
(ii)of such subparagraph with respect to each separate building type described in such subparagraph, as the regulation to be proposed would apply to each such building type. ; in paragraph (3)— in the first sentence by striking Within 4 years and inserting the following: Not later than 4 years ; and by adding at the end the following: 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. No renovation and remodeling regulation may require postabatement clearance testing. ; and by adding at the end the following: 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 such residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to such residential dwelling. The regulations promulgated under subparagraph
(A)shall require that an owner of a residential dwelling that is target housing, who resides in such residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to such contractor a written certification stating that— the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; 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 such project; and the owner acknowledges that, in carrying out the project, such contractor will be exempt from the requirements of a renovation and remodeling regulation. 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 such 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 such project). 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 such a misrepresentation. The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of such recognition. 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— shall publish in the Federal Register notice of such failure to recognize a qualifying test kit; and 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— recognizes for use under this title a qualifying test kit; and publishes in the Federal Register notice of such recognition and of the date on which enforcement of the post-1960 building renovation and remodeling regulations will resume. 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. In this subsection, the term qualifying test kit means a chemical test that— can determine the presence of lead-based paint, as defined in section 401(10)(A); has a false positive response rate of 10 percent or less; has a false negative response rate of 5 percent or less; does not require the use of off-site laboratory analysis to obtain results; is inexpensively and commercially available; and does not require special training to use. In this subsection, the term post-1960 building renovation and remodeling regulation means a renovation and remodeling regulation, as it applies to— target housing constructed after January 1, 1960; public buildings constructed between January 1, 1960 and January 1, 1978; and commercial buildings constructed after January 1, 1960. Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide— an exemption from an applicable penalty for failure to comply with such requirement for a person who— is submitting the required documentation for the first time; and submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and a process by which a person described in subparagraph
(A)may resubmit the required documentation. The hands-on training requirements required by 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. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 3
Lead-based paint activities training and certification
Cites 1Cited by 0 across 0 sources