text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Lead Exposure Reduction Amendments 
  Act of 2012''.
  
  SEC. 2. DEFINITIONS.
  
      Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is 
  amended--
              (1) in paragraph (1)--
                      (A) by redesignating subparagraphs (A) and (B) as 
                  clauses (i) and (ii), respectively, and indenting the 
                  clauses appropriately;
                      (B) in the first sentence, by striking ``The term'' 
                  and inserting the following:
                      ``(A) In general.--The term'';
                      (C) by striking ``Such term includes--'' and 
                  inserting the following:
                      ``(B) Inclusions.--The term `abatement' includes--
                  ''; and
                      (D) by adding at the end the following:
                      ``(C) Exclusions.--The term `abatement' does not 
                  include any renovation, remodeling, landscaping, or 
                  other activity--
                              ``(i) the primary purpose of which is to 
                          repair, restore, or remodel a structure or 
                          dwelling; and
                              ``(ii) that incidentally results in a 
                          reduction or elimination of lead-based paint 
                          hazards.'';
              (2) by redesignating paragraphs (4) through (12) and 
          paragraphs (13) through (17) as paragraphs (5) through (13) and 
          paragraphs (15) through (19), respectively;
              (3) by inserting after paragraph (3) the following:
              ``(4) Emergency renovation.--The term `emergency 
          renovation' means a renovation, replacement, or repair activity 
          that--
                      ``(A) was not planned; and
                      ``(B) results from a sudden, unexpected event that, 
                  if not immediately attended to--
                              ``(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.--The term `lead-based paint' means 
          paint or other surface coatings that contain lead--
                      ``(A) in excess of--
                              ``(i) 1.0 milligrams per centimeter 
                          squared; or
                              ``(ii) 0.5 percent by weight; or
                      ``(B) in the case of paint or other surface 
                  coatings on target housing, the lower 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. 4801 et seq.).'';
              (5) by inserting after paragraph (13) (as redesignated by 
          paragraph (2)) the following:
              ``(14) Post-abatement clearance testing.--The term `post-
          abatement clearance testing' means a test that--
                      ``(A) is carried out on the completion of any lead-
                  based paint activity to ensure that--
                              ``(i) the reduction is complete; and
                              ``(ii) no lead-contaminated dust hazards 
                          remain in the dwelling unit or worksite; and
                      ``(B) includes a visual assessment and the 
                  collection and analysis of environmental samples from 
                  the dwelling or worksite.''; and
              (6) by adding at the end the following:
              ``(20) Test kit.--The term `test kit' means a chemical test 
          that has the ability to determine the presence of lead in a 
          paint chip, paint powder, or painted surface at a level that is 
          equal to or in excess of--
                      ``(A) 1.0 milligrams per centimeter squared; or
                      ``(B) 0.5 percent by weight.''.
  
  SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.
  
      Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 
  2682(c)) is amended--
              (1) by striking paragraph (2) and inserting the following:
              ``(2) Study of certification.--
                      ``(A) In general.--Prior to proposing any new 
                  regulation applicable to target housing or public or 
                  commercial buildings constructed before 1978, the 
                  Administrator shall conduct a study of the extent to 
                  which persons engaged in various types of renovation 
                  and remodeling activities in the target housing or 
                  public or commercial buildings constructed before 
                  1978--
                              ``(i) are exposed to lead in the conduct of 
                          those activities; or
                              ``(ii) disturb lead and create a lead-based 
                          paint hazard on a regular or occasional basis.
                      ``(B) Completion.--The Administrator shall complete 
                  each study under subparagraph (A) and publish the 
                  results of that study not later than 1 year prior to 
                  proposing any new regulation applicable to a structure 
                  or dwelling described in subparagraph (A).'';
              (2) in paragraph (3)--
                      (A) in the first sentence, by striking ``Within 4 
                  years'' and inserting the following:
                      ``(A) In general.--Not later than 4 years'';
                      (B) in the second sentence, by striking ``In 
                  determining'' and inserting the following:
                      ``(B) Use of study.--In determining'';
                      (C) in the third sentence, by striking ``If the 
                  Administrator'' and inserting the following:
                      ``(C) Determination of administrator.--If the 
                  Administrator''; and
                      (D) by adding at the end the following:
                      ``(D) Exemption.--An emergency renovation shall be 
                  exempt from any regulation promulgated by the 
                  Administrator under this paragraph.
                      ``(E) Prohibition on post-abatement clearance 
                  requirement.--No regulation promulgated by the 
                  Administrator under this paragraph shall require post-
                  abatement 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), in promulgating any regulation 
                  relating to renovation or remodeling activities in 
                  target housing in which the owner resides, the 
                  Administrator shall include a provision that permits 
                  the owner to authorize the renovation or remodeling 
                  contractor to forego compliance with that regulation.
                      ``(B) Restriction.--The Administrator shall only 
                  permit an owner of target housing to forgo compliance 
                  with a regulation under this paragraph if--
                              ``(i) no pregnant woman or child under the 
                          age of 6 resides in the target housing as of 
                          the date on which the renovation or remodeling 
                          commences; and
                              ``(ii) the owner submits to the renovation 
                          or remodeling contractor written certification 
                          that--
                                      ``(I) the renovation or remodeling 
                                  project is to be carried out at the 
                                  target housing of the owner;
                                      ``(II) no pregnant woman or child 
                                  under the age of 6 resides in the 
                                  target housing as of the date on which 
                                  the renovation or remodeling commences; 
                                  and
                                      ``(III) the owner acknowledges 
                                  that, in carrying out the project, the 
                                  renovation or remodeling contractor 
                                  will be exempt from employing the work 
                                  practices required by a regulation 
                                  promulgated under this subsection.
                      ``(C) Limitation of contractor liability.--A 
                  contractor that receives written certification 
                  described in subparagraph (B)(ii) shall be exempt from 
                  liability resulting from any misrepresentation of the 
                  owner of the target housing.
              ``(5) Test kits.--
                      ``(A) In general.--In making a certification 
                  determination under this subsection, the Administrator 
                  shall allow contractors to use commercially available 
                  lead-based paint test kits that comply with the 
                  positive and negative response criteria established by 
                  the Administrator.
                      ``(B) Test kit approval.--
                              ``(i) In general.--The Administrator shall 
                          establish a process by which the Administrator 
                          shall identify and approve a test kit that--
                                      ``(I) meets the criteria described 
                                  in subparagraph (A);
                                      ``(II) is inexpensively and 
                                  commercially available;
                                      ``(III) does not require special 
                                  training to use the test kit; and
                                      ``(IV) enables users to determine 
                                  the presence of lead at the job site in 
                                  accordance with the criteria described 
                                  in subparagraph (A) without the need 
                                  for off-site laboratory analysis.
                              ``(ii) Suspension of regulations.--
                                      ``(I) In general.--If the 
                                  Administrator is unable to determine 
                                  that 1 or more test kits under clause 
                                  (i) exists, the Administrator shall 
                                  suspend the implementation of any 
                                  applicable regulation under this 
                                  subsection relating to renovation or 
                                  remodeling, except for owners described 
                                  in paragraph (4)(B), until the date on 
                                  which the Administrator--
                                              ``(aa) identifies and 
                                          approves 1 or more test kits 
                                          under clause (i); and
                                              ``(bb) publishes in the 
                                          Federal Register notice of that 
                                          identification and approval.
                                      ``(II) Duration.--The Administrator 
                                  shall remove the suspension under this 
                                  clause not earlier than 45 days after 
                                  the date on which notification of the 
                                  identification and approval of the test 
                                  kit is published in the Federal 
                                  Register in accordance with subclause 
                                  (I)(bb).
                                      ``(III) Applicability.--This clause 
                                  shall--
                                              ``(aa) only apply to 
                                          regulations that permit an 
                                          owner of target housing to 
                                          authorize a renovation or 
                                          remodeling contractor to forego 
                                          compliance with the regulation; 
                                          and
                                              ``(bb) not affect any other 
                                          regulation issued under this 
                                          subsection.
              ``(6) Applicability of certain penalties.--Any regulation 
          promulgated by the Administrator under this section requiring 
          the submission of documentation to the Administrator shall 
          provide--
                      ``(A) an exemption from penalty for a person who--
                              ``(i) is submitting the required 
                          documentation for the first time; and
                              ``(ii) submits documentation that contains 
                          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.--Subsection 
          (a)(2)(D) shall not apply to any certified renovator 
          recertification course that is accredited by the Environmental 
          Protection Agency.''.
target: Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" 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 "lead-based paint" 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.
feat_title: A bill to amend the Toxic Substance Control Act relating to lead-based paint renovation and remodeling activities.