Action Needed: Submit Comments to EPA on Proposed Changes to Lead Paint Rule

NAHB members are urged to comment on a recent proposal by the U.S. Environmental Protection Agency that would add more requirements and costs — and subject the remodeling and renovation of an estimated 40 million additional homes — to the lead paint regulations that will go into effect in April 2010.

The EPA comments are due Nov. 27.

“Anyone compensated for working inside homes built before 1978 will be affected by this rule,” says Bob Hanbury, CGR, a remodeler from Newington, Conn. “NAHB members need to have their say before EPA makes this rule stricter and burdens contractors with greater requirements.”

Members who wish to send comments to the EPA can download and complete a letter template created by NAHB. The link is available to NAHB members only.

Members who have noticed an impact on their business from the new lead paint regulation and wish to submit information for the NAHB comment letter are urged to e-mail Matt Watkins at NAHB with details; or call him at 800-368-5242 x8327

The proposal, a result of the EPA’s recent settlement with environmental advocates, would remove the “opt-out” provision in the Lead: Renovation, Repair and Painting rule governing remodeling activities in homes and child-occupied facilities built before 1978 that are more likely to contain lead.

As the rule currently stands remodelers and other contractors (such as carpenters, plumbers, roofers, window and siding contractors, HVAC, and electronic installers) doing work in homes affected by the lead paint regulation must pay a $300 fee to certify their firms, have a trained and certified lead renovator on staff, educate home owners, contain and clean up dust, conduct a final dust wipe to confirm cleaning, and maintain records of all the work done. The rule goes into effect in April 2010.

The rule also currently allows an “opt-out” provision for homes without children under six and pregnant women as residents. If the proposal to remove the provision is accepted, all pre-1978 homes will be subject to the rule.

The EPA is also collecting cost estimates on how the rule will affect remodelers and contractors, including specific examples and suggestions for reducing the costs of the rule.

Additional proposed changes to the rule include a requirement for contractors to give the home owner a compliance checklist document to add to their home records that can be passed on to future owners. The checklist would describe the sections of the home renovated and details on rule compliance.

NAHB is submitting comments to EPA with concerns about EPA’s proposing changes to a rule not yet in force, the lacking number of trainers to train contractors by April 2010, and the great increase in costs to the contractor because of the rule. NAHB members are encouraged to use the template letter and tailor with any additional comments, including:

• Estimates of costs to your business (including labor, record keeping requirements, insurance, tools, materials, and more)
• Concerns about home owners hiring unscrupulous contractors to avoid greater costs due to the rule
• Lack of training providers for obtaining certification by April 2010
• EPA’s lack of outreach to builders, remodelers, trades, and other affected contractors
• EPA’s lack of outreach to homeowners about the rule and how it may cost them more in contracting and remodeling expenses
• EPA’s creating confusion by proposing changes to a rule that has not been fully implemented

The full proposed amendment was published in the Federal Register and can be downloaded in PDF format.

For more information on the current rule, including obtaining training and certification, visit www.nahb.org/leadpaint.

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