15 U.S.C. § 2685 : US Code - Section 2685: Lead abatement and measurement

Search 15 U.S.C. § 2685 : US Code - Section 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.
(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.