Led Paint Rules Take Effect With No Opt-Out Provisions

Despite attempts to delay or change the rule, the Lead Renovation, Repair and Painting Rule takes effect without any changes.

(April 22, 2010: Window & Door Magazine) With the Lead Renovation, Repair and Painting Rule going into effect today, the U.S. Environmental Protection Agency announced the elimination of the "opt-out" provision. It also announced plans to add "dust wipe" testing requirements and its " intention to regulate renovations on the exteriors of public and commercial buildings." The announcement with this information appeared on the Lead in the News page of the EPA Web site in the morning. It was removed later and did not return by close of business. Calls to the EPA press office asking for an explanation were not returned. The fact that the announcement that appeared on the EPA site was taken down could be the result of a procedural issue and "may not mean anything," states David Walker, vice president of the Window & Door Dealers Alliance. "The announcement could, however, have also featured material misrepresentations. That gives us some hope." Mary Beth Husey, executive vice president of the National Association of the Remodeling Industry, sent out a letter at the end of the day noting the "curious incident" as well. "We will continue to monitor the EPA and keep you informed of all developments," she noted. "Please comply with all requirements of the rule; effective today, the rule is the law," Husey stated as well. "This is just another example of how poorly the EPA has communicated this message to our industry," comments Ty Schwartz, vice president of sales and marketing at Gorell Windows & Doors, on the situation with EPA posting the announcement and then withdrawing it. With the elimination of the "opt-out" provision in the final rule, "renovation firms will no longer be exempted from the training and work practice requirements of the RRP rule by obtaining certification from the owner of a residence that no child under rc drone age six or pregnant woman resides in the home and the home is not a child-occupied facility," the EPA statement said. Although the announcement comes today, the end of the opt-out provision would not go into effect until 60 days after publication in the federal register, where it has not yet appeared. "To strengthen the 2008 RRP rule," EPA also proposed requiring renovation firms to perform dust wipe testing after certain renovations and provide the results of the testing to the owners and occupants of the building. Further details are not yet available, but the EPA site stated that "for a subset of the dustiest renovations, renovation firms would have to demonstrate, through dust wipe testing, that the dust lead levels remaining after the renovation are below the regulatory hazard standards." The agency also said it will take comments on the "dust wipe testing" proposal for 60 days and expects to finalize the rule by July 2011. Finally, EPA issued an Advance Notice of Proposed Rulemaking to announce EPA's intention to regulate renovations on the exteriors of public and commercial buildings. The advance notice also announced EPA's investigation into lead-based paint hazards that may be created by renovations on the interior of these public and commercial buildings. If EPA determines that lead-based paint hazards are created by interior renovations, EPA will propose regulations to address the hazards.