Wednesday, July 28, 2010

EPA's Lead Rule Challenged

The Environmental Protection Agency (EPA) is being sued for removing the "opt-out" provision from its Lead: Renovation, Repair and Painting Rule (LRRP) by the National Lumber and Building Material Dealers Association (NLBMDA) and a host of housing national MSCA307VA                                        housing associations.

This coalition maintains the EPA amended the LRRP rule without any new scientific data and before the regulation was even put into place on April 22.

The EPA removed the "opt-out" rule on July 6, 2010, resulting in nearly 80 million homes falling under the LRRP requirements. This provision, which became effective April 22, 2010, would allow contractors to bypass certian on-site criteria including prep work, clean-up and recordkeeping requirements in pre-1978 homes if the homeowner verified that no children under six or pregnant women were present in the home. This would impede many small projects by small contractors like window, door and insulation installation.

"The removal of the opt-out provision, which was done without any substantial research or data to support such a move, will result in millions of homeowners paying for additional measures that they may not need and discourage them from making necessary improvements," said NLBMDA chair Dan Fesler, CEO of St. Paul, Minn.-based Lamperts. "Worse, it may encourage homeowners to seek out uncertified contractors and put certified LRRP contractors at a competitive disadvantage."

The EPA's lead rule became effective April 22, but enforcement was delayed until Oct. 1 see earlier post entitled Lead Rule Delayed.

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