§ 2685. — Lead abatement and measurement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2685]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2685. 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 paint and other lead exposure hazards.
(b) Standards for environmental sampling laboratories
(1) The Administrator shall establish protocols, criteria, and
minimum performance standards for laboratory analysis of lead in paint
films, soil, and dust. Within 2 years after October 28, 1992, 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) Not later than 24 months after October 28, 1992, and annually
thereafter, the Administrator shall publish and make available to the
public a list of certified or accredited environmental sampling
laboratories.
(3) If the Administrator determines under paragraph (1) 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) The Secretary of Health and Human Services (hereafter in this
subsection referred to as the ``Secretary''), acting through the
Director of the Centers for Disease Control,\1\ (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.
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\1\ So in original. The comma probably should not appear.
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(2) 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. This study shall include, at a minimum, each of the
following--
(A) Surveillance and intervention 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 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) 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) Lead-based paint and dust from lead-based paint.
(D) Exterior sources such as ambient air and lead in soil.
(E) Occupational exposures, and other exposures that the
Secretary determines to be appropriate.
(4) Not later than 30 months after October 28, 1992, the Secretary
shall submit a report to the Congress concerning the studies described
in paragraphs (1) and (2).
(d) Public education
(1) 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;
(B) potential exposure to sources of lead in schools and
childhood day care centers;
(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 paint hazards;
(H) risk assessment and inspection methods for lead-based paint
hazards; and
(I) measures to reduce the risk of lead exposure from lead-based
paint.
(2) 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.
(3) In implementing the activities described in paragraph (1), the
Administrator shall assure coordination with the President's Commission
on Environmental Quality's education and awareness campaign on lead
poisoning.
(4) The Administrator, in consultation with the Chairman of the
Consumer Product Safety Commission, shall develop information to be
distributed by retailers of home improvement products to provide
consumers with practical information related to the hazards of
renovation and remodeling where lead-based paint may be present.
(e) Technical assistance
(1) Clearinghouse
Not later than 6 months after October 28, 1992, 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 (hereinafter in this section referred to as
``Clearinghouse''). The Clearinghouse shall--
(A) collect, evaluate, and disseminate current information
on the assessment and reduction of lead-based paint 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 paint activities contractors of significant developments
in research related to lead-based paint hazards; and
(C) perform any other duty that the Administrator determines
necessary to achieve the purposes of this chapter.
(2) Hotline
Not later than 6 months after October 28, 1992, the
Administrator, in cooperation with other Federal agencies and with
State and local governments, shall establish a single lead-based
paint hazard hotline to provide the public with answers to questions
about lead poisoning prevention and referrals to the Clearinghouse
for technical information.
(f) Products for lead-based paint activities
Not later than 30 months after October 28, 1992, the President
shall, after notice and opportunity for comment, establish by rule
appropriate criteria, testing protocols, and performance characteristics
as are necessary to ensure, to the greatest extent possible and
consistent with the purposes and policy of this subchapter, that lead-
based paint hazard evaluation and reduction products introduced into
commerce after a period specified in the rule are effective for the
intended use described by the manufacturer. The rule shall identify the
types or classes of products that are subject to such rule. The
President, in implementation of the rule, shall, to the maximum extent
possible, utilize independent testing laboratories, as appropriate, and
consult with such entities and others in developing the rules. The
President may delegate the authorities under this subsection to the
Environmental Protection Agency or the Secretary of Commerce or such
other appropriate agency.
(Pub. L. 94-469, title IV, Sec. 405, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3917.)
