Trade groups sue EPA over lead paint rule
WASHINGTON --

A coalition of housing groups led by the National Association of Home Builders announced its intention to file a lawsuit against the U.S. Environmental Protection Agency (EPA) for removing the "opt-out" provision for its Lead: Renovation, Repair and Painting Rule (LRRP).

The Hearth, Patio & Barbecue Association (HPBA), the National Lumber and Building Material Dealers Association (NLBMDA) and the Window and Door Manufacturers Association (WDMA) joined NAHB July 8 in filing the petition for review in the U.S. Court of Appeals for the D.C. Circuit. 

The LRRP applies to homes constructed before 1978 when lead paint was banned. Its opt-out provision, which expired July 6, gave consumers the right to allow contractors to bypass extra preparation, clean-up and recordkeeping requirements in homes where there were no children under 6 or pregnant women, thus avoiding additional costs.

"Removing the opt-out provision more than doubles the number of homes subject to the regulation," said NAHB Chairman Bob Jones, a home builder and developer in Bloomfield Hills, MI. "About 79 million homes are affected, even though EPA estimates that only 38 million homes contain lead-based paint. Removing the opt-out provision extends the rule to consumers who need no protection."

The group will challenge EPA's action on the grounds that the agency substantially amended its LRRP regulation without any new scientific data and before the regulation was even put into place on April 22, 2010. On June 21, the NAHB and other trade groups applauded the EPA for deciding to delay enforcement of the LRRP. Remodeling professionals now have up till Dec. 31 to meet the mandated training and certification requirements.

"It's clear that EPA's removal of the opt-out provision will significantly impact the window, door and skylight retrofit market," said WDMA Chair Steve Sisson, vice president and general manager of Karona Inc. in Grand Rapids, MI. "Millions of additional homeowners will be subject to substantial unnecessary costs as a result of the LRRP, which will only discourage them from making energy-efficient improvements or cause them to seek out uncertified contractors."

WDMA estimates that compliance with LRRP will add $60 to $170 per window opening on a typical professionaly installed retrofit project because of the prep time and material costs of installing thick vinyl sheeting to surround the work area both indoors and outdoors.

"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 Lamperts, Inc. in St. Paul, MN. "Worse, it may encourage homeowners to seek out uncertified contractors and put certified LRRP contractors at a competitive disadvantage."

Because the LRRP does not apply to do-it-yourself home improvement projects, but only to those performed by professional contractors, Jones said some consumes will opt to do the work themselves to cut costs. "Consumers trying to use rebates and incentive programs to make their homes more energy efficient will likely find those savings eaten up by the costs of the rule's requirements. Worse, these costs may drive many consumers - even those with small children - to seek uncertified remodelers and other contractors. Others will likely choose to do the work themselves - or not do it at all - to save money. That does nothing to protect the population this rule was designed to safeguard," 

Read National Association of Home Builders' press release.

Read Window and Door Manufacturers Association's press release.

Read National Lumber and Building Materials Association's press release. 
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