Title II — H.R. 4321 (Introduced in House)

201. Lead-based pipe activities training and certification

(a)

Regulations—

(1)

In general— Not later than 18 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency (in this title referred to as the “Administrator”) shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promulgate final regulations governing lead-based pipe activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors are engaged in such activities are certified. Such regulations shall contain standards for performing lead-based pipe activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in housing shall be performed by certified contractors.

(2)

Accreditation of training programs— Final regulations shall contain specific requirements for the accreditation of lead-based pipe activities training programs for workers, supervisors, inspectors and planners, and other individuals involved in lead-based pipe activities, including, but not limited to, each of the following:

(A)

Minimum requirements for the accreditation of training providers.

(B)

Minimum training curriculum requirements.

(C)

Minimum training hour requirements.

(D)

Minimum hands-on training requirements.

(E)

Minimum trainee competency and proficiency requirements.

(F)

Minimum requirements for training program quality control.

(3)

Accreditation and certification fees— The Administrator (or the State in the case of an authorized State program) shall impose a fee on—

(A)

persons operating training programs accredited under this title; and

(B)

lead-based pipe activities contractors certified in accordance accreditation with paragraph (1).

(b)

Lead-Based pipe activities— For purposes of this title, the term lead-based pipe activities means—

(1)

in the case of housing, risk assessment, inspection, and abatement; and

(2)

in the case of any public building constructed before 1986, commercial building, or any other structure, evaluation and abatement of lead-based pipes and lead-based pipe hazards.

(c)

Renovation and remodeling—

(1)

Guidelines— In order to reduce the risk of exposure to lead in connection with renovation and remodeling of housing, public buildings, and commercial buildings, the Administrator shall, within 18 months after the enactment of this section, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged in such renovation and remodeling through hardware stores, employee organizations, trade groups, State and local agencies, and through other appropriate means.

(2)

Study of certification— The Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in housing, public buildings, and commercial buildings are exposed to lead in the conduct of such activities or disturb lead and create a lead-based pipe hazard on a regular or occasional basis. The Administrator shall complete such study and publish the results thereof within 30 months after the enactment of this section.

(3)

Certification determination— Within 4 years after the enactment of this section, the Administrator shall revise the regulations to apply the regulations to renovation or remodeling activities in housing and commercial buildings that create lead-based pipe hazards. In determining which contractors are engaged in such activities, the Administrator shall utilize the results of the study and consult with the representatives of labor organizations, lead-based pipe activities contractors, persons engaged in remodeling and renovation, experts in lead health effects, and others. If the Administrator determines that a category of contractors engaged in renovation or remodeling does not require certification, the Administrator shall publish an explanation of the basis for that determination.

202. Identification of dangerous levels of lead

Within 18 months after the enactment of this Act, the Administrator shall promulgate regulations which shall identify for purposes of this title lead-based pipe hazards.

203. Authorized State programs

(a)

Approval— Any State which seeks to administer and enforce the standards, regulations, or other requirements established may, after notice and opportunity for public hearing, develop and submit to the Administrator an application, in such form as the Administrator shall require, for authorization of such a State program. Any such State may also certify to the Administrator at the time of submitting such program that the State program meets the requirements of paragraphs (1) and (2) of subsection (b). Upon submission of such certification, the State program shall be deemed to be authorized under this section, and shall apply in such State in lieu of the corresponding Federal program as the case may be, until such time as the Administrator disapproves the program or withdraws the authorization.

(b)

Approval or disapproval— Within 180 days following submission of an application, the Administrator shall approve or disapprove the application. The Administrator may approve the application only if after notice and after opportunity for public hearing, the Administrator finds that—

(1)

the State program is at least as protective of human health and the environment as the Federal program as the case may be; and

(2)

such State program provides adequate enforcement.

(c)

Withdrawal of authorization— If a State is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this title, the Administrator shall so notify the State and, if corrective action is not completed within a reasonable time, not to exceed 180 days, the Administrator shall withdraw authorization of such program and establish a Federal program pursuant to this title.

(d)

Model State program— Within 18 months after the enactment of this title, the Administrator shall promulgate a model State program which may be adopted by any State which seeks to administer and enforce a State program under this title. Such model program shall, to the extent practicable, encourage States to utilize existing State and local certification and accreditation programs and procedures. Such program shall encourage reciprocity among the States with respect to the certification.

(e)

Other State requirements— Nothing in this title shall be construed to prohibit any State or political subdivision thereof from imposing any requirements which are more stringent than those imposed by this title.

(f)

State and local certification— The regulations under this title shall, to the extent appropriate, encourage States to seek program authorization and to use existing State and local certification and accreditation procedures, except that a State or local government shall not require more than 1 certification under this section for any lead-based pipe activities contractor to carry out lead-based pipe activities in the State or political subdivision thereof.

(g)

Grants to States— The Administrator is authorized to make grants to States to develop and carry out authorized State programs under this section. The grants shall be subject to such terms and conditions as the Administrator may establish to further the purposes of this title.

(h)

Enforcement by Administrator— If a State does not have a State program authorized under this section and in effect by the date which is 2 years after promulgation of the regulations the Administrator shall, by such date, establish a Federal program for such State.

204. Lead abatement and measurement

(a)

Program To promote lead exposure abatement— The Administrator, in cooperation with other appropriate Federal departments and agencies, shall conduct a comprehensive program to promote safe, effective, and affordable monitoring, detection, and abatement of lead-based pipe and other lead exposure hazards.

(b)

Standards for environmental sampling laboratories—

(1)

Minimum performance standards— The Administrator shall establish protocols, criteria, and minimum performance standards for laboratory analysis of lead in paint pipes, taps, and water. Within 2 years after the enactment of this Act, the Administrator, in consultation with the Secretary of Health and Human Services, shall establish a program to certify laboratories as qualified to test substances for lead content unless the Administrator determines, by the date specified in this paragraph, that effective voluntary accreditation programs are in place and operating on a nationwide basis at the time of such determination. To be certified under such program, a laboratory shall, at a minimum, demonstrate an ability to test substances accurately for lead content.

(2)

Public information— Not later than 24 months after the date of the enactment of this section, and annually thereafter, the Administrator shall publish and make available to the public a list of certified or accredited environmental sampling laboratories.

(3)

Certification program— If the Administrator determines that effective voluntary accreditation programs are in place for environmental sampling laboratories, the Administrator shall review the performance and effectiveness of such programs within 3 years after such determination. If, upon such review, the Administrator determines that the voluntary accreditation programs are not effective in assuring the quality and consistency of laboratory analyses, the Administrator shall, not more than 12 months thereafter, establish a certification program that meets the requirements of paragraph (1).

(c)

Exposure studies—

(1)

Children— The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”), acting through the Director of the Centers for Disease Control (CDC), and the Director of the National Institute of Environmental Health Sciences, shall jointly conduct a study of the sources of lead exposure in children who have elevated blood lead levels (or other indicators of elevated lead body burden), as defined by the Director of the Centers for Disease Control.

(2)

Water— The Secretary, in consultation with the Director of the National Institute for Occupational Safety and Health, shall conduct a comprehensive study of means to reduce hazardous occupational lead abatement exposures in water. This study shall include, at a minimum, each of the following:

(A)

Surveillance and intention capability in the States to identify and prevent hazardous exposures to lead abatement workers.

(B)

Demonstration of lead abatement control methods and devices and work practices to identify and prevent hazardous lead exposures in the workplace.

(C)

Evaluation, in consultation with the National Institute of Environmental Health Sciences, of health effects of low and high levels of occupational lead exposures through fluids on reproductive, neurological, renal, and cardiovascular health.

(D)

Identification of high-risk occupational settings to which prevention activities and resources should be targeted.

(E)

A study assessing the potential exposures and risks from lead to janitorial and custodial workers.

(3)

Contribution to elevated lead body burden— The studies described in paragraphs (1) and (2) shall as appropriate, examine the relative contributions to elevated lead body burden from each of the following:

(A)

Drinking water.

(B)

Food.

(C)

Occupational exposures, and other exposures that the Secretary determines to be appropriate.

(4)

Report— Not later than 30 months after the date of the enactment of this section, the Secretary shall submit a report to the Congress concerning the studies described in paragraphs (1) and (2).

(d)

Public education—

(1)

In general— The Administrator, in conjunction with the Secretary of Health and Human Services, acting through the Director of the Agency for Toxic Substances and Disease Registry, and in conjunction with the Secretary of Housing and Urban Development, shall sponsor public education and outreach activities to increase public awareness of—

(A)

the scope and severity of lead poisoning from household sources, particularly lead-based pipes;

(B)

potential exposure to sources of lead in schools and childhood day care centers, particularly lead-based pipes;

(C)

the implications of exposures for men and women, particularly those of childbearing age;

(D)

the need for careful, quality, abatement and management actions;

(E)

the need for universal screening of children;

(F)

other components of a lead poisoning prevention program;

(G)

the health consequences of lead exposure resulting from lead-based pipe hazards;

(H)

risk assessment and inspection methods for lead-based pipe hazards; and

(I)

measures to reduce the risk of lead exposure from lead-based pipes.

(2)

Targeted audiences— The activities described in paragraph (1) shall be designed to provide educational services and information to—

(A)

health professionals;

(B)

the general public, with emphasis on parents of young children;

(C)

homeowners, landlords, and tenants;

(D)

consumers of home improvement products;

(E)

the residential real estate industry; and

(F)

the home renovation industry.

(e)

Technical assistance—

(1)

Clearinghouse— Not later than 6 months after the enactment of this Act, the Administrator shall establish, in consultation with the Secretary of Housing and Urban Development and the Director of the Centers for Disease Control, a National Clearinghouse on Childhood Lead Poisoning (in this section referred to as the “Clearinghouse”). The Clearinghouse shall—

(A)

collect, evaluate, and disseminate current information on the assessment and reduction of lead-based pipe hazards, adverse health effects, sources of exposure, detection and risk assessment methods, environmental hazards abatement, and clean-up standards;

(B)

maintain a rapid-alert system to inform certified lead-based pipe activities contractors of significant developments in research related to lead-based paint hazards; and

(C)

perform any other duty that the Administration determines necessary to achieve the purposes of this Act.

(2)

Hotline— Not later than 6 months after the enactment of this subsection, the Administrator, in cooperation with other Federal agencies and with State and local governments, shall establish a single lead-based pipe hazard hotline to provide the public with answers to questions about lead poison in prevention and referrals to the Clearinghouse for technical information.

205. Lead hazard information pamphlet

(a)

In general— Not later than 2 years after the enactment of this Act, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet. The pamphlet shall—

(1)

contain information regarding the health risks associated with exposure to lead;

(2)

provide information on the presence of lead-based pipe hazards in federally assisted, federally owned, and other housing;

(3)

describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead-based pipe hazards;

(4)

describe the risks of renovation in a dwelling with lead-based pipe hazards;

(5)

provide information on approved methods for evaluating and reducing lead-based pipe hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based pipe hazards;

(6)

advise persons how to obtain a list of contractors certified pursuant to this title in lead-based pipe hazard evaluation and reduction in the area in which the pamphlet is to be used;

(7)

state that a risk assessment or inspection for lead-based pipe is recommended prior to the purchase, lease, or renovation of housing;

(8)

state that certain State and local laws impose additional requirements related to lead-based pipe in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available govern-mental and private assistance and financing; and

(9)

provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate.

(b)

Renovation of housing— Within 2 years after the enactment of this section, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

206. Regulations

The regulations of the Administrator under this title shall include such recordkeeping and reporting requirements as may be necessary to insure the effective implementation of this title. The regulations may be amended from time to time as necessary.

207. Control of lead-based pipe hazards at Federal facilities

Each department, agency, and instrumentality of executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in a lead-based pipe hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for certification, licensing, recordkeeping, or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief respecting lead-based pipe, lead-based pipe activities, and lead-based pipe hazards in the same manner, and to the same extent as any nongovernmental entity is subject to such requirements, including the payment of reasonable service charges). The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines regardless of whether such penalties or fines are punitive or coercive in nature, or whether imposed for isolated, intermittent or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this section include, but are not limited to, fees or charges assessed for certification and licensing, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local lead-based pipe, lead-based pipe activities, or lead-based pipe hazard activities program. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law relating to lead-based pipe, lead-based pipe activities, or lead-based pipe hazards with respect to any act or omission within the scope of his official duties.

208. Prohibited Acts

It shall be unlawful for any person to fail or refuse to comply with a provision of this title or with any rule or order issued under this title.

209. Relationship to other Federal law

Nothing in this title shall affect the authority of other appropriate Federal agencies to establish or enforce any requirements which are at least as stringent as those established pursuant to this title.

210. General provisions relating to administrative proceedings

(a)

Applicability— This section applies to the promulgation or revision of any regulation issued under this title.

(b)

Rulemaking docket— Not later than the date of proposal of an action to which this section applies, the Administrator shall establish a rulemaking docket for such action (in this subsection referred to as a rule). Whenever a rule applies only within a particular State, a second (identical) docket shall be established in the appropriate regional office of the Environmental Protection Agency.

(c)

Inspection and copying—

(1)

Public availability— The rulemaking docket required under subsection (b) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying.

(2)

Docket—

(A)

Comments and information— Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment period shall be placed in the docket. The transcript of public hearing if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability.

(B)

Drafts of rules— The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereto all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation.

(d)

Explanation—

(1)

Major changes— The promulgated rule shall be accompanied by an explanation of the reasons for any major changes in the promulgated rule from the proposed rule.

(2)

Responses— The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.

(3)

Limitation— The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation.

(e)

Effective date— The requirements of this section shall take effect with respect to any rule the proposal of which occurs after 90 days after the date of the enactment of this Act.

Title II — Lead Exposure Reduction

II Lead Exposure Reduction