PaintSquare.com


The First Word in Protective & Marine Coatings

A Product of Technology Publishing / PaintSquare
JPCL | PaintSquare News | Durability + Design | Paint BidTracker

Free Download of

Paint and Coatings Industry News

Main News Page


Groups Plan Suit to Restore Lead Rule ‘Opt-Out’

Monday, July 12, 2010

Comment | More

A coalition of housing industry groups plans to sue the U.S. Environmental Protection Agency to restore an “opt-out” provision to EPA’s controversial new lead-safe practices rule.

The National Association of Home Builders; the Hearth, Patio & Barbecue Association; the National Lumber and Building Material Dealers Association; and the Window and Door Manufacturers Association say they will petition for a review of the provision in the U.S. Court of Appeals in Washington.

At issue is the EPA’s decision to remove the ability of homeowners to waive federal lead-safe practice requirements for contractors who work in their homes. EPA’s Renovation, Repair and Painting Rule, implemented April 22, requires lead-safe certification of any contractor and firm whose work disturbs more than six square feet of paint in a home, school or day-care center.

The final rule included a voluntary opt-out provision for homeowners, but EPA withdrew the provision shortly after the implementation date, and the loophole closed July 6.

Industry and trade associations have been fighting the rule for months, calling it onerous, costly and unnecessary. They have sought legislative support to get the rule repealed or delayed. The American Coatings Association has also protested the EPA’s public service ads for the campaign.

“Removing the opt-out provision more than doubles the number of homes subject to the regulation,” said NAHB chairman Bob Jones. “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.”

EPA has agreed to defer enforcement of the rule until Oct. 1, but the agency will not back down on the opt-out, a spokesman said Monday.

“Almost a million children have elevated blood lead levels as a result of exposure to lead hazards, which can lead to lower intelligence, learning disabilities, and behavior issues,” the spokesman said. “Adults exposed to lead hazards can suffer from high blood pressure and headaches.

“EPA has eliminated the so-called opt-out provision because improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age. The result will better protect children and adult occupants during and after renovation, repair and painting projects.”

Removing the opt-out also “makes the RRP consistent with statutory requirements,” the spokesman added.

The housing and trade groups said in a statement that they would 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….”

The groups contend that the LRRP requirements will add an average of $2,400 in costs to every remodeling job. The National Window and Door Manufacturers Association says the rule will add $60 to $170 for each window replacement.

“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 Dan Fesler, chairman of the National Lumber and Building Material Dealers Association.

“Worse, it may encourage homeowners to seek out uncertified contractors and put certified LRRP contractors at a competitive disadvantage.”

   

Tagged categories: EPA; EPA; Home builders; Housing; Lead; Lead Renovation, Repair and Painting Rule (LRRP)

Comment from Tom Teune, (7/13/2010, 8:01 PM)

I can't believe the selfishness of the industry. People are suffering from lead poisoning, children have mental deficiencies and the industry fights a rule which can bring relief to those who might be harmed by the lead paint. It was the industry which kept lead in the paint for so long and it now can't find it in its heart to reduce people's exposure to the toxic heavy metal that coats so many homes. Shame on them.


Comment Join the Conversation:

Sign in to our community to add your comments.

Sherwin-Williams
Heat-FLex® Hi-Temp 1200

Improved Corrosion
Resistance
Enhanced Durability
Faster Shop Throughput


CESCO
USED EQUIPMENT SPECIALS

Jet Edge water blast cabinet 1995 Model 36-100, excellent condition
Sponge Jet 240L feed unit with a recycler unit
Hotsy Trailblazer
Schmidt pot, 6 ton with 4 outlets, TVII valves, 12V line with controls, Halo safety loading feature, 4 factory welded post for jumbo sack rack
Contact us: 888-772-3726
BlastandPaint.com


DeHumidification Technologies
HUMIDITY PROBLEMS?

DH Tech has the most innovative and reliable equipment available to
control humidity efficiently
and effectively.
IT'S UNDER CONTROL!


Carboline Company
Hyrdrocarbon Fire & Jet Fire Protection

Pyroclad X1 is the latest breakthrough in epoxy based intumescent fireproofing technology


Thermion Inc
Buy Back Program

We are offering $5,000
credit for your old Model
This drive system is
being discontinued by
the manufacturer.
More information at
thermioninc.com
877.884.3428


Bullard

The Next Generation
of Blasting

• Lightest
• Coolest
• Most Comfortable
• Most Dependable


HP Spartacote, a Division of LATICRETE International
Fully Integrated Polyaspartic Coating Systems

HP Spartacote manufactures a full line of patented high performance resinous flooring systems which offer rapid return to service, outstanding durability and chemical resistance.

 
 
 
Technology Publishing

The Technology Publishing Network

The Journal of Protective Coatings & Linings (JPCL) PaintSquare
Durability + Design Paint BidTracker JPCL Europe

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us
 

© Copyright 2000-2014, Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com