Summary: S.2637 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate with amendment(s) (10/18/1990)

Lead Exposure Reduction Act of 1990 - Amends the Toxic Substances Control Act to prohibit the importing, manufacturing, processing, or distribution in commerce of certain products containing more than a specified percentage of lead. Authorizes the Administrator of the Environmental Protection Agency (EPA) to modify the allowable lead percentage for such products under certain conditions. Permits the Administrator to extend dates for compliance with such requirements for one year and to establish a performance standard for lead leaching from plumbing fittings and fixtures in lieu of the applicable restriction if such standard is at least as protective of human health and the environment as such restriction. Requires the Administrator to waive such requirements with respect to certain toys and recreational game pieces that are collectible items and scale models intended for adult acquisition.

Directs the Administrator to publish regulations banning the sale of lead solder to plumbers and plumbing supply wholesalers and retailers.

Prohibits the sale or promotion of: (1) any packaging which may be used for food for human consumption (or any food in such packaging) that includes any additive to which lead has been intentionally introduced, beginning 24 months after this Act's enactment; and (2) any packaging or product in packaging that includes such an additive, beginning 48 months after this Act's enactment. Sets allowable concentration levels for the incidental presence of lead in such packaging. Prohibits the sale or promotion of packaging exceeding such levels. Authorizes the Administrator to exempt from such requirements: (1) packaging manufactured prior to this Act's enactment date; and (2) packaging to which lead has been added to comply with Federal, State, or local health or safety requirements. Requires certificates of compliance with lead requirements to be retained by packaging manufacturers or distributors and made available to purchasers.

Prohibits the manufacture, import, or distribution in commerce of food cans containing more than .2 percent lead by dry weight.

Prohibits the importing, manufacturing, processing, or distributing in commerce of foils for wine bottles containing more than .1 percent lead by dry weight. Authorizes the Secretary of Health and Human Services to delay the application of such requirements under certain conditions.

Prohibits the sale of leaded gasoline at a price lower than that of unleaded gasoline sold at the same establishment. Prohibits, within six months of this Act's enactment, the sale of leaded gasoline for use in motor vehicles (other than farm vehicles) in a metropolitan statistical area or consolidated metropolitan statistical area with a 1980 population of 250,000 persons or more. Makes it unlawful, effective January 1, 1992, to sell, dispense, transport, or introduce into commerce any leaded gasoline. Requires the Administrator to extend such deadline annually for three years if such prohibition reduces the availability of such gasoline for farm vehicles and alternatives to such gasoline for farm vehicles are unavailable.

Exempts from lead content requirements: (1) paint used by artists; (2) products used for medical purposes; (3) products used in connection with national security; (4) products used in the nuclear industry; and (5) products used in the mining industry to determine the presence of noble metals in geological materials.

Directs persons manufacturing, processing, or importing any product containing more than .1 percent lead by dry weight to submit specified information to the Administrator. Exempts owners or operators of recycling facilities and manufacturers, processors, or importers of lead-acid batteries from such requirement. Requires the Administrator to update, and publish a compilation of, such information. Directs the Administrator to report to the Congress on such information and on recommendations for minimizing the release of lead into the environment and preventing human exposure to lead. Permits persons submitting inventory information to claim such information as confidential. Sets forth provisions concerning confidentiality of applications.

Requires the Administrator to promulgate regulations that provide for the labeling of products (other than lead-acid batteries) that pose a risk of human exposure to lead. Requires the labeling of toys and recreational game pieces that are collectible items and scale models to disclose that such items contain lead and are not suitable for children.

Prohibits: (1) the placement into landfills and incineration of lead-acid batteries; and (2) the disposal of such batteries other than by recycling in accordance with this Act. Prohibits the disposal of batteries except by delivery to: (1) battery retailers or wholesalers; (2) regulated lead smelters or collection or recycling facilities; or (3) automotive dismantlers. Sets forth specified delivery and disposal requirements for battery retailers, wholesalers, and manufacturers.

Directs battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type, and in an approximately equal quantity to, the batteries sold. Requires battery retailers to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries; (2) state that Federal law requires battery retailers to accept used batteries for recycling and allows a person to give used batteries to battery collectors, recyclers, or processors or to automotive dismantlers; and (3) encourage recycling of used batteries. Prescribes civil penalties for violations of notice requirements.

Makes it unlawful to sell a lead-acid battery that does not bear a permanent label stating that: (1) the battery contains lead; and (2) Federal law requires recycling and the seller must accept the return. Permits the Administrator to issue warnings and citations for noncompliance with battery labeling and notice requirements. Permits the export of lead-acid batteries for purposes of recycling.

Directs the Administrator to undertake a program to promote monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. Requires the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to establish: (1) standards for laboratory analysis of lead in paint films, soil, and dust; and (2) certification programs to assure the quality and consistency of such analyses, unless voluntary accreditation programs are operating nationwide. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to establish parallel standards and certification programs for laboratory analysis of lead in blood.

Requires the Secretary of Labor to develop minimum core curricula for technical training courses for lead-based paint abatement workers, supervisors, designers, inspectors, and building owners. Provides that such courses shall address factors associated with lead testing and abatement in various types of housing units. Authorizes the Secretary to evaluate such programs and to encourage State certification programs or the development of national proficiency tests.

Requires the Secretary of Commerce to evaluate and develop standards and testing protocols for emerging products and techniques for detecting lead in paint films and dust.

Directs the Administrator to report to the Congress on the efficacy and effectiveness of various abatement and management techniques in reducing lead dust levels.

Requires the Secretary of Commerce to establish a program and develop standards for the evaluation of products and procedures for encapsulating or removing lead-based paint. Directs the Administrator to publish a list of products and procedures that meet performance standards.

Requires the Administrator to issue guidelines for the management of lead-based paint debris. Prohibits the funding of travel of EPA employees outside the United States unless such guidelines are issued.

Requires the Administrator to undertake a research project on lead exposure in children who have elevated blood lead levels or other indicators of elevated lead body burden.

Directs the Secretary of Labor and the Administrator to conduct a long-term research study on the sources of lead exposure in construction workers.

Requires the Administrator to sponsor public education and outreach activities to increase awareness of the scope and severity of lead poisoning from household sources, potential exposure to lead in schools and day care centers, and the need for abatement and management action.

Directs the Administrator to issue guidelines concerning the action levels for lead in soil.

Directs the Administrator to appoint a Coordinator for Lead Activities.

Requires the Administrator to award grants to institutions of higher education for purposes of establishing Centers for the Prevention of Lead Poisoning. Limits the Federal share of Center operation costs. Limits grants to two-year periods.

Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to: (1) encourage State public health officials to report blood-lead measurements to the Director; and (2) report to the Congress on the status of such reporting and the feasibility and desirability of instituting a national requirement for mandatory pre-school blood-lead screening.

Amends the Public Health Service Act to require the Secretary, acting through the Director, to establish a blood-lead laboratory reference project to assist State and local governments in establishing and improving the quality of laboratory measurements performed for childhood lead poisoning prevention programs.

Requires the Administrator of the Agency for Toxic Substances and Disease Registry to update a report submitted pursuant to the Superfund Amendments and Reauthorization Act of 1986 to include information on childhood and adult lead poisoning and estimates of adverse health outcomes associated with lead exposure.

Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a container containing solder or another ingredient with a lead content greater than .2 percent by dry weight; or (2) it is ceramic ware and the ability of such ceramic ware to leach lead does not conform with standards for ceramic ware established by the Secretary of Health and Human Services. Requires the Secretary to establish standards and testing procedures with respect to lead in ceramic ware.

Authorizes appropriations.