12 2 STA T .30 20 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8promulgated regulat i o nsh all supersede the ASTMF963 standard tothee x tent o f the in c onsistenc y.( d ) T ECHNOL O GI C A L FEA S I B ILI TYD E F INE D . — For purposes of this section , a limit shall b e deemed technologically feasible w ith regard to a product or product category if— ( 1 ) a product that complies with the limit is commercially a v ailable in the product category
( 2 ) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term; (3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or ( 4 ) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit. (e) P ENDING RU LE M A K ING P R OCEEDINGS TO H A V E N O E FFECT.— The pendency of a rulema k ing proceeding to consider— (1) a delay in the effective date of a limit or an alternate limit under this section related to technological feasibility, (2) an exception for certain products or materials or inacces - sibility guidance under subsection (b) of this section, or (3) any other re q uest for modification of or exemption from any regulation, rule, standard, or ban under this Act or any other Act enforced by the C ommission, shall not delay the effect of any provision or limit under this section nor shall it stay general enforcement of the requirements of this section. (f) MORE STRINGENT L EAD PAINT B AN.— (1) I N GENERAL.—Effective on the date that is 1 year after the date of enactment of this Act, the Commission shall modify section 13 0 3.1 of its regulations (16 C.F.R. 1301.1) by sub- stituting ‘ ‘0.009 percent ’ ’ for ‘‘0.06 percent’’ in subsection (a) of that section. (2) PERIODIC REVIE W AND REDUCTION.—The Commission shall, no less frequently than every 5 years after the date on which the Commission modifies the regulations pursuant to paragraph (1), review the limit for lead in paint set forth in section 1303.1 of title 16, Code of Federal Regulations (as revised by paragraph (1)), and shall by regulation revise down- ward the limit to require the lowest amount of lead that the Commission determines is technologically feasible to achieve. (3) METHODS FOR SCREENING LEAD IN SMALL P AINTED AREAS.—In order to provide for effective and efficient enforce- ment of the limit set forth in section 1303.1 of title 16, Code of Federal Regulations, the Commission may rely on x-ray fluorescence technology or other alternative methods for meas- uring lead in paint or other surface coatings on products sub j ect to such section where the total weight of such paint or surface coating is no greater than 10 milligrams or where such paint or surface coating covers no more than 1 square centimeter of the surface area of such products. Such alternative methods for measurement shall not permit more than 2 micrograms of lead in a total weight of 10 milligrams or less of paint or other surface coating or in a surface area of 1 square centi- meter or less. Deadlin e .Ef fe ct i v e date.
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