Housing Groups Sue EPA Over Lead-Paint Opt-Out Rule

Housing Groups Sue EPA Over Lead-Paint Opt-Out Rule
Builder (07/10) Webb, Craig

The U.S. Environmental Protection Agency (EPA) is being sued by the National Association of Home Builders (NAHB), the National Lumber & Building Material Dealers Association, the Window and Door Manufacturers Association, and the Hearth, Patio and Barbecue Association for removing an opt-out provision from the Lead Renovation, Repair, and Painting Rule. Under the provision, renovation firms were exempted from the training and work practice requirements when homeowners certify that children under 6 or pregnant women do not live in the home. However, the opt-out provision was pulled from the final rule and expired on July 6, increasing the number of homes governed by the rule. The lawsuit takes issue with the EPA's removal of the provision prior to the April 22 implementation and without new scientific data. NAHB Chairman Bob Jones says, "Even under the original rule, the opt-out provision was not available in homes where small children or pregnant women live. That shows that this change provides no additional protection to the people who are most vulnerable to lead-based paint hazards." However, the EPA notes that "improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age."
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