Summary: S.391 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate with amendment(s) (10/08/1991)

Lead Exposure Reduction Act of 1991 - 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. 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 determine whether there are primer paints that are suitable for use as an electrocoat or electrodeposition primer on motor vehicle parts and that: (1) contain less than a specified percentage of lead; (2) have equivalent corrosion inhibition and related performance characteristics; and (3) do not pose a greater risk to human health and the environment than primer paints already in use for corrosion inhibition. Prohibits the importing, manufacturing, processing, or distribution in commerce of any electrocoat or electrodeposition primer paint with a lead level exceeding that identified by the Administrator if the Administrator determines that primer paints meeting such characteristics exist. Sets an alternative lead content limitation on such paints if the Administrator determines that no paints meeting such characteristics exist.

Directs the Administrator to publish regulations to: (1) ban the manufacture, importation, processing, sale, and distribution in commerce of lead solders commonly used in plumbing systems; and (2) restrict the sale and display of lead solders not commonly used in such systems.

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.

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 alcohol beverage bottles containing more than .1 percent lead by dry weight or alcohol beverage bottles bearing such foils. Authorizes the Secretary of Health and Human Services to delay the application of such requirements under certain conditions.

Requires the Administrator to establish a performance standard to ensure minimal leaching of lead from plumbing fittings and fixtures. Phases in lead content limitations for fittings and fixtures if such standard has not been met by specified deadlines.

Exempts from lead content requirements: (1) paint used by artists; (2) industrial paint in which the incidental presence of lead does not exceed .12 percent by dry weight, for the first sixty months after this Act's enactment date; (3) products used for medical purposes; (4) products used for purposes in the paramount interest of the United States; (5) products used for radiation protection; and (6) products used in the mining industry to determine the presence of noble metals in geological materials.

Directs the Administrator to: (1) publish a list of all products manufactured or processed in, or imported into, the United States that contain more than .1 percent lead by dry weight; and (2) specify a maximum concentration of lead as a percentage of the dry weight of such products. Requires manufacturers, processors, or importers of products not listed to notify the Administrator prior to manufacturing, processing, or importing such products if: (1) the product exceeds the .1 percentage limitation or the maximum concentration for products in the same category; or (2) the manufacturer or processor uses more than 100 pounds of lead annually to manufacture or process the product. Sets forth notification requirements. Makes it unlawful to manufacture, process, or import such products without submission of a notification. Directs the Administrator to annually update an Inventory of Lead-Containing Products and to add to the Inventory products meeting notification requirements.

Permits persons submitting notification information to claim such information as confidential. Sets forth provisions concerning confidentiality applications.

Directs the Administrator to promulgate regulations that provide for the labeling of products (other than lead-acid batteries) to which lead has been incidentally introduced during manufacturing, processing, or distribution or in which the incidental presence of lead exceeds .01 percent lead by dry weight. 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; (3) automotive dismantlers; (4) curbside collection programs operated by or through a governmental entity; or (5) manufacturers of batteries of the same type. Sets forth specified delivery and disposal requirements for battery retailers, wholesalers, automotive dismantlers, 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 return 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 such 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 retailers must accept the battery in exchange. Authorizes 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.

Requires the Administrator to: (1) study and report to the Congress on the recycling and disposal of small sealed consumer lead-acid batteries; and (2) publish a proposed rule to regulate the recycling and disposal of such batteries or a determination that regulations are not needed.

Directs the Administrator to undertake a program to promote monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. Requires the Chairman of the Council on Environmental Quality to chair an Interagency Coordinating Committee on Childhood Lead Poisoning to coordinate Federal lead poisoning prevention programs and to make recommendations for Federal, State, and local lead poisoning prevention programs.

Directs the Administrator 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. Requires the Administrator to publish and make available to the public a list of certified or accredited environmental sampling laboratories. Provides for the review of such programs on a triennial basis. Directs the Secretary, 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 Administrator to: (1) evaluate and develop standards and testing protocols for emerging products and techniques for detecting lead in paint films and dust; (2) report to the Congress on the efficacy and effectiveness of various abatement and management techniques in reducing lead dust levels; (3) establish a program and develop standards for the evaluation of products and procedures for encapsulating or removing lead-based paint; (4) publish a list of products and procedures that meet performance standards; and (5) 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 Secretary, acting through the Director of the Centers for Disease Control, to conduct a research project to identify, characterize, and quantify risks to human health from exposure to lead in children and in adults. Directs the Secretary, acting through the Director of the National Institute for Occupational Safety and Health, to conduct a program for the prevention of hazardous occupational lead abatement exposures.

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, the implications of exposure for men and women, particularly those of childbearing age, the need for abatement and management action and for the universal screening of children, and other components of a lead poisoning prevention program.

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

Directs the Administrator to appoint a Coordinator for Lead Activities.

Requires the Administrator to: (1) develop a model lead abatement accreditation plan for States to assure that lead abatement contractors are trained and certified; and (2) develop and make available to the public information and training materials for use by building owners and managers, architects, engineers, and others concerning the health risks posed by lead-based paint, lead-contaminated soil, and other lead-containing building materials and appropriate lead abatement techniques. Directs States to develop lead abatement accreditation plans at least as stringent as the Federal plan. Authorizes grants to States for the establishment of programs for the approval of plans. Authorizes appropriations.

Authorizes appropriations for grants to nonprofit organizations that demonstrate experience in implementing and operating health and safety lead abatement training and education programs for workers who will be engaged in lead abatement activities.

Directs the Administrator to develop a Lead Disclosure Statement containing information concerning the risks of exposure to lead from lead-based paint and abatement strategies. Requires originating mortgage institutions to make a copy of the Statement available to each person applying for a mortgage loan from such institutions. Prohibits any federally chartered secondary mortgage institution from purchasing a mortgage loan originating twelve or more months after this Act's enactment date unless such institution has determined that the originating mortgage insurance institution complied with such requirements.

Requires contracts for the purchase and sale of residential property and leases for residential properties to contain a lead disclosure provision that the property or dwelling (if built prior to 1978) may present exposures to lead from lead-based paint that may place young children at risk of developing lead poisoning. Directs sellers of residential property (or lessors) to provide buyers (or lessees) of such property with a copy of any lead inspection report and to notify such individuals of any known lead contamination on the property from the use of lead-based paint.

Requires States to develop registries of residential real property on which a significant lead hazard has been discovered as a result of an inspection.

Prescribes a monetary penalty for violations of requirements with respect to Statements, notifications, and inspections. Makes persons who knowingly violate requirements jointly and severally liable to the mortgage applicant or purchaser in a amount equal to three times the damages incurred by such individual.

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 identify means for reporting blood-lead levels in a standardized format by State public health officials 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 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 or crystal and the ability of such ceramic ware or crystal to leach lead does not conform with standards for ceramic ware or crystal established by the Secretary of Health and Human Services; or (3) it is wine with a lead content that exceeds the tolerance established by the Secretary. Requires the Secretary to: (1) establish standards and testing procedures with respect to lead in ceramic ware and crystal; and (2) establish a tolerance level and testing procedures with respect to lead in wine as necessary to protect the public health.

Authorizes appropriations.