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EPA RRP Rule Updates

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EPA RRP Updates

Checkout the links below to find articles and information discussing the latest  EPA RRP Rule updates.

For the most part, the links are listed in chronological order, Contractor Survey: New EPA Rule to Increase Costswith the most recent at the beginning of the list.

 Note: This page last updated on 2/2/2012


Lead paint rules costing remodeling jobs, raising prices, remodelers say

Nearly two years into the new world of lead paint rules, remodelers say the regulations are driving up the cost of doing business and pushing clients to hire uncertified contractors.


EPA Stepping Up Lead Rule Inspections; Focusing on Certification, Paperwork

The U.S. Environmental Protection Agency has stepped up its enforcement of the Lead: Renovation, Repair and Painting rule with inspections that focus on company certification and other records required under the rule governing the renovation of older homes, according to remodelers and contractors who have been subject to the inspections.


Home Owners Resisting Increased Costs of Remodeling Under Lead Paint Rule

Owners of homes built before 1978 are balking at the additional cost needed to repair and renovate their homes — an up to 24% increase


Are Special Interest Groups Directing RRP?

Our industry continues to wrestle with RRP compliance, keep up with new RRP regulations, and hold a collective breath about RRP expansion to commercial and public buildings. At times, we have all asked ourselves, “who is writing these requirements and have they ever done our job?”


White House Opposes Bill to Defund RRP

On July 21, 2011, the White House announced their opposition to any funding restrictions for RRP in general, and Bill H.R. 2584 in particular.


Appropriations Committee Votes to Limit Funding for EPA Lead Rule Enforcement

In a rare voice vote, the House Appropriations Committee recently approved an amendment offered by Rep. Denny Rehberg (R-Mont.), to limit funding for enforcing the Environmental Protection Agency's Lead: Renovation, Repair and Painting rule until the agency provides a more accurate lead paint test kit.


In Victory for Remodelers, EPA Rejects New Clearance Testing Requirements for Lead

The EPA has rejected a proposal to add third-party clearance testing to the Lead: Renovation, Repair and Painting Rule (RRP).


NAHB Members Urged to Act Immediately to Support Rep. Rehberg on Lead Paint Rule

Responding to concerns from NAHB Remodelers, affiliated trade groups and other contractors in his home state and the rest of the country, Rep. Denny Rehberg (R-Mont.) is putting additional pressure on the Environmental Protection Agency to make much-needed improvements to the Lead: Repair, Renovation and Painting rule.


OSHA Issues Lead Exposure Notice to National Park Service

OSHA has issued 16 notices of unhealthful and unsafe working conditions to the National Park Service-San Juan National Historic Site.


EPA Turning Lead-Safe Renovation Into a Regulatory Nightmare, Letter Complains

NAHB has asked the House Committee on Small Business to convene a panel to discuss the failure of the Lead Renovation, Repair and Painting (RRP) rule, citing its excessive regulatory burdens and costs.


Contractor Survey: New EPA Rule to Increase Costs

Wall Street Journal reporter, Sarah Needleman blogs about how the EPA LRRP and soon-to-come “Lead Clearance Rule” negatively impacts remodeling businesses.  The comments by Contractors are very telling.


Natural Disasters in the Southeast cause EPA to Urge Caution on Restoration Activities Involving Lead-based Paint

Due to recent tornadoes, severe and straight-line winds, storms, and flooding in the Southeastern United States, the U.S. Environmental Protection Agency (EPA) Region 4 is cautioning homeowners, volunteers, and other workers to take steps to ensure that individuals, especially children, are not at increased risk for lead poisoning, because of clean up and/or repair work.


EPA Publishes First RRP Enforcement of Lead Safe Work Practices

(Boston, Mass. – May 16, 2011) – A Rockland, Maine renovator is facing penalties for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities.


NAHB Lead Paint Lawsuit Against EPA Moves Forward

NAHB has filed its opening brief in what could be a drawn-out legal battle with the Environmental Protection Agency.  Resolution not likely until next year.

EPA Paint Policy Foes Take Fight to Second Agency

WASHINGTON - Ignored by one agency (EPA), a group of U.S. senators led by Oklahoma Republican Jim Inhofe has contacted a second agency about its concerns that a lead paint proposal could backfire and weaken protections for children and pregnant women.


Senators Complain About Proposal to Add Clearance Testing to EPA's Lead Rule

The Environmental Protection Agency’s plan to add clearance testing to its Lead: Renovation, Repair and Painting (LRRP) rule has come under attack by 11 Senate Republicans.


Window & Siding Company to Pay Fine for Lead Notification Violations

A Milford, Conn. company has agreed to pay $30,702 to settle claims by EPA that it failed to provide lead hazard information to home owners or occupants before doing renovations that may have disturbed surfaces coated with lead-based paint.


4/4/11: NAHB Files Brief in Lawsuit Against EPA for Eliminating Lead Rule’s Opt-Out Provision

NAHB has filed an opening brief explaining why it is suing the Environmental Protection Agency for eliminating a provision in its lead rule that allowed home owners to opt out of some of the rule’s renovation requirements.


Company to Pay for Failing to Notify of Lead-Paint Risk

Permanent Siding and Windows, based in Milford, Conn., has agreed to pay $30,702 to settle claims by EPA that it failed to provide lead-hazard information to homeowners or occupants before doing renovations that may have disturbed surfaces coated with lead-based paint.


Mass DOS Speaks on Contractor RRP Enforcement

Mass DOS announced it is planning on increasing RRP enforcement on contractors as soon as spring breaks. On Friday 3/11/2011. Ernie Kelly of the DOS indicated that they may use the team approach and concentrate enforcement efforts on a few towns at a time. For example a group of RRP inspectors may target 4-5 connected towns and stay there for 2 or 3 days.


3/15/11: Dealers Lobby Congress on 1099 Mandate, Lead-Paint Rule, Innocent Sellers

Scores of building material dealers and association executives went to Capitol Hill to urge members of Congress to repeal a paperwork mandate spawned by last year's health care reform package, halt expansion of intensely disliked Environmental Protection Agency rules on lead paint, and protect dealers from getting caught up in product-related lawsuits simply because they sold the product.


Builders Working With EPA to Clear Up Confusion Over Lead Rule Enforcement

In a recent conference call with NAHB and the Building Industry Association of Southern California, the EPA’s Region IX discussed how it is going about the inspection process in its area and what will be required of businesses to show they are in compliance.


Remodelers Asked to Comment on Certification, Recordkeeping Costs of Lead Rule

Remodelers and contractors who are trained and certified under the Environmental Protection Agency’s Renovation, Repair and Painting (RRP) rule now have the opportunity to provide the agency with comments on the cost of certification and recordkeeping under the new regulation.

NAHB Members Selected to Advise in Lead Paint Rulemaking

Four NAHB members have been named as small entity representatives (SERs) by the small business advisory review (SBAR) panel assisting with the renovation, repair and painting for commercial and public buildings rulemaking.

Remodelers Asked to Comment on Certification, Recordkeeping Costs of Lead Rule

Remodelers and contractors who are trained and certified under the Environmental Protection Agency’s Renovation, Repair and Painting (RRP) rule now have the opportunity to provide the agency with comments on the cost of certification and recordkeeping under the new regulation.


RRP Paperwork Requirements Under Review By The EPA

On January 26, 2011, in compliance with the Paperwork Reduction Act, the EPA posted a request for comments which it will pass on to the Office of Budget and Management as it seeks to renew with or without modification the Information Collection request (ICR) as originally set up in the RRP Final Rule.


 

EPA Seeking Feedback on LRRP Costs

The Environmental Protection Agency has published an information collection request for the costs and burdens to firms engaged in activities affected by the agency's Lead Renovation, Repair, and Painting regulations, reports the Window & Door Dealers Alliance.  Comments must be received on or before March 28, 2011, and can be made electronically.


White House Orders Regulatory Review

The Obama Administration’s action to reduce unnecessary regulatory burdens on the nation’s industries will help promote economic growth and job creation while providing welcome relief from regulations -- including the Lead Paint: Renovation, Repair and Painting Rule -- that add costs but do not achieve intended results, according to NAHB.


Contractors getting on board, though misconceptions persist

Eight months into the new regulation, large numbers of remodelers appear to be toeing the new regulatory line as best they can, even as another, more vocal group continues to denounce it as burdensome and unworkable.


NARI Appeals for Stricter Lead Rule Enforcement

In a letter addressed to U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson, the National Association of the Remodeling Industry (NARI) requested stricter enforcement of the Lead Renovation, Repair and


NLBMDA Urges House Panel To Review Lead-Paint Rule, OSHA Agenda

The National Lumber and Building Material Dealers Association (NLBMDA) is urging the new chairman of the House Committee on Oversight and Government Reform to review--and fight--the Environmental Protection Agency's (EPA) lead-paint rule as well as three Occupational Safety and Health Administration (OSHA) programs that the dealer group dislikes.

Multi-city Effort Seeks to Spur RRP Compliance

A coordinated campaign involving partners in more than ten major U.S. cities has been operating since September to promote compliance with the EPA’s Remodeling, Repair and Painting (RRP) Rule by contractors, landlords, government agencies and others covered by the Rule.


12/20/10: NAHB Asks Senate Panel to Address EPA's Lead Paint 'Regulatory Nightmare'

In recent comments delivered to the U.S. Senate Small Business Committee, NAHB told congressional leaders that the U.S. Environmental Protection Agency's lead paint regulations for remodeling jobs in homes built before 1978 urgently need to be fixed.


New EPA Lead Dust Standard Would Hike Remodeling Clean-Up Costs

A change in the lead dust hazard standard from the U.S. Environmental Protection Agency would add markedly to the cost and time required to remodel homes built before 1978, according to NAHB.


EPA RRP Lead Rule Development History and President Obama's Involvement

Posted on The Contractor Coackhing Partnership Web Site Blog, this article by Mike Finley from ContractorTalk.com, tells the story quite well. Notice how much was budgeted for enforcement.


NARI Letter Submitted to Senate about RRP Rule Speaks to Contractor Concerns

In a recent letter submitted to the US Senate, NARI Executive Director Mary Busey Harris did a great job advising the EPA of critical concerns legitimate remodelers have about the EPA’s creation, enforcement and administration of the RRP Lead Rule. 


11/19/2010: EPA Certifies 511,000 Lead-Safe Renovators, Launches Consumer Awareness Magazine Ads

The EPA reported that it has stepped up its campaign to inform consumers of the need to use certified remodelers when remodeling homes built before 1978.


11/19/2010: NAHB Testifies Before Sentate on Burden of Lead Regulation

NAHB again told Senate leaders this week that the EPA’s lead paint regulations that apply to all jobs in homes built before 1978 need to be fixed – sooner rather than later.


Don't Delay

The EPA sends a mixed message when it comes to enforcing the Renovation, Repair and Painting rule.

 

October 2010: LEAD, REMODELING, AND THE MARKET

One JLC forum asked: "Now that the EPA's rules for lead-safe practices in remodeling work have kicked in, what, if any, has been the effect so far on your work and your business?"  Some interesting comments


10/22/10: Citing Absence of Affordable Test Kit, NAHB Asks EPA to Amend Lead Rule

In a letter sent on Sept. 17, NAHB has petitioned U.S. Environmental Protection Agency Administrator Lisa P. Jackson to amend the agency’s Lead: Renovation, Repair, and Painting Rule “to reflect the lack of an improved EPA-recognized test kit and the economic ramifications stemming from the unavailability of such a test kit.”


EPA Deturmines How Fines Will Be Assessed For RRP Rule Violations

With penalties ranging from as little as $130 to as much as $37,500 per violation, per day, the U.S. Environmental Protection Agency’s schedule of fines for violating the Lead: Renovation, Repair, and Painting Rule demonstrate that the federal government is serious about its intentions regarding enforcement.


10/8/10: Consultant Urges Construction Products Firms to Cooperate

BALTIMORE -- If the remodeling industry is going to change the view that many of its products are commodity items, leaders of individual companies are going to have to work together for the common good of the industry, a consultant advises. “We need leaders in the industry to talk to people in government”


Cities Pioneer True Local Enforcement of EPA’s RRP Rule through Permitting Process

A few cities – including Schenectady, NY; Burlington, VT; and Superior, WI – have adopted or are adopting policies to integrate RRP requirements into their building permitting practices, and all municipalities in Minnesota will soon begin verifying RRP certification of firms seeking key permits for work on pre-1978 homes.


10/4/10: Remodelers Count on Dealers re Lead Rule--Survey

But poll indicates that dealers sometimes lack the materials remodelers need


9/29/10: Shawn McCadden and REMODELING Magazine Team Up on RRP Survey

Remodeling readers weigh in on everything from where they get RRP supplies to their views on reporting uncertified operators.


9/20/10: Racine Wisconsin housing program creating lead hazard, city employee says; Stimulus project may violate lead-safe practices

Racine's Neighborhood Stabilization Program is under investigation by the State Department of Health Services after a city employee flagged dozens of potential lead paint violations on city-owned homes. 


 

9/20/10: Citing Absence of Affordable Test Kit, NAHB Asks EPA to Amend Lead Rule

“Without an affordable means to determine whether a property contains regulated amounts of lead-based paint, millions of properties that have no lead-based paint hazard will be subject to costly lead-safe work practices,” the letter said. 


States Begin to Take Over Enforcement of EPA Lead Rule

The Commonwealth of Massachusetts has become the ninth state to take over enforcement of the EPA’s Lead RRP rule, the EPA announced on July 13.


8/19/10: NAHB Disagrees With EPA Plans to Expand Lead Paint Rule to Commercial Buildings

Coalition argues the EPA has not collected data on potential lead-based paint dust exposure risks to children from renovation work in pre-1978 commercial buildings.


8/12/10: Dealers Group Urges GAO To Examine Proposed Lead-Paint Rule

A recently formed trade group for window and door dealers urges the Government Accounting Office, Congress' investigative arm, to look into what the trade group describes as deficiencies in the studies that the Environmental Protection Agency relied upon in its proposal to toughen a newly launched rule governing renovations and retrofits in homes with lead-based paint.


8/12/10: 7 Drivers Toward More Enforcement of the Lead Rule

"If you are concerned about your costs of doing business now, I'm afraid that you haven't seen anything yet."


8/11/10: NLBMDA To EPA: Don't Add New Test to Lead Rule

Dust-wipe test, other verifications add problems to a rule that already lacks proper legal justification, association says


7/22/10: Lead Check Still The Only EPA RRP Approved Test Kit

In an announcement by the EPA on Thursday last week, Hybrivet Systems, makers of LeadCheck® Swabs, received confirmation that their test kits will continue to be recognized for use on RRP related work.  The announcement serves to put closure on any rumors or fears that their test kit might not be approved after September of this year. 


EPA and Partners Defend their PSA Campaign, Despite Objections from ACA and Others; ACA Lodges Complaint and Requests Correction of Information

The association believes the print and video information and depictions used in the PSAs are dangerously misleading and wholly misrepresent the coatings industry and its products. Instead of focusing on proper work practices, including the hiring of a qualified contractor or educating consumers


Lead RRP - Reality Check

Has the Environmental Protection Agency really done its due diligence in connecting the dots between the supposed danger and the required remedy?


NAHB to Sue EPA over Lead Paint Regulations

A coalition of housing industry groups joined the National Association of Home Builders (NAHB) today in announcing plans to file a lawsuit against the federal Environmental Protection Agency (EPA) for removing the “opt-out” provision from its Lead: Renovation, Repair and Painting rule.


7/7/2010: Lead Paint Rule Comment Period Extended to Aug 6th 

The comment period for the EPA's proposal to add clearance testing to the lead rule has been extended to Aug. 6. Remodelers and other affected industry professionals are urged to take this extra time to submit comments against adding lead dust testing and meeting lead clearance for specific remodeling activities.


EPA Cites Company $784,380 for Failing to Warn Residents of Lead-Based Paint Exposures

The U.S. Environmental Protection Agency recently filed a complaint and proposed a $784,380 penalty against Hanson’s Window and Construction Inc. of Madison Heights, Mich., for violations of the 1998 federal rule for failure to warn residents of potential lead-based paint exposures. 


6/28/10: EPA: Our Delay in Lead Rule Affects Certification Only

Agency's new document clarifies June 18 memo on the controversial program


6/22/10: EPA to Delay Enforcing Lead-Paint Regulation

This Wall Street Journal article offers some interesting perspectives about the EPA RRP.  The comments posted by readers are diverse, interesting and many are passionate.


6/22/10: Lead Rule Delayed? Not So Fast.

Well known attorney D.S. Berenson looks more closely at the EPA's recent lead rule memo and comes away troubled.


6/21/10: NAHB Applauds EPA'S Decision to Delay Lead Paint Certification Enforcement

The EPA released the enforcement delay memo on June 18, explaining that contractors who have enrolled in Certified Renovator training with an EPA-approved training provider by September 30 will not face enforcement, as long as the training is completed by December 30

***This delay only applies to the certification requirements.  Check out this posting on RRPedia for additional clarification and to share your thoughts.


5/31/10: EPA Denies Flexibility on Lead Paint Rule to Speed Flood Recovery Efforts in Tennessee

The U.S. Environmental Protection Agency has denied recent requests by the Home Builders Association of Tennessee and NAHB for flexibility on the newly-enacted Lead: Renovation, Repair and Painting rule in order to speed the recovery of communities in western Tennessee devastated by floodwaters early last month.


5/27/10: Senate moves to put off lead-paint violation fines!

WASHINGTON - The U.S. Senate passed legislation Thursday to block fines temporarily under a rule that requires certification to remove lead paint in homes and certain facilities built prior to 1978.


5/25/10: AAMA Urges Delay in EPA Lead Rule

Rich Walker, president and CEO of the American Architectural Manufacturers Association (AAMA), met with the staff of U.S. Senator Tom Carper (D-Del.) and is pushing for the a one-year delay in implementing the Environmental Protection Agency's (EPA) Lead: Renovation, Repair, and Painting Rule (LRRP).


5/17/2010: EPA Lead Paint Rule to Expand, Complicates Flood Relief Efforts in Nashville

Even with the opt-out clause in effect, the lead rule has had remodelers scrambling in Tennessee, where flood waters damaged or destroyed some 2,000 homes in the Nashville area alone, according to news reports. EPA records showed that in mid May there were 113 accredited firms and one accredited trainer in Tennessee, a state in which there are 18,500 licensed remodeling contractors. 


5/6/10: EPA Lead Rule Costing Sales at 25% of Building Material Dealers, Survey Finds

Roughly 5% said renovators have returned materials


EPA Announces Newly Proposed Amendments to the EPA RRP Rule  

In an April 23 news release, the U.S. Environmental Protection Agency announced release of two new amendments to the EPA RRP Lead: Renovation, Repair and Painting rule regarding dust wipe testing and their intention to apply the rule to public and commercial buildings


On April 22, 2010. the EPA Added an Amendment to the EPA RRP Rule Regarding Documentation.

The amendment requires renovators to provide certain documentation to owners, tenants and others within 30 days after completion of a renovation project.  The amendment will take effect 60 days after publication in the Federal Register, publication is expected to happen sometime in early May 2010. 

Click here for a summary of what will be required posted on RRPedia


4/23/10: EPA Softens Stance on Firm Certification to Allow Work to Continue

In a letter dated 4/20/2010, the EPA announced that it does not intend to take enforcement actions against firms who applied for the required firm certification before April 22, 2010 and are just waiting for their paperwork.  


4/22/2010: DS Berenson Responds to EPA's RRP Announcement Regarding Opt-Out Provision

In what is likely to quickly prove to be a regrettable action for the remodeling and home improvement industry, says attorney DS Berenson of Johanson Berenson in Great Falls, Va.,  the EPA has announced it is eliminating the "opt-out" provision that currently allows a homeowner to "waive" the use of lead safe work practices by a renovation firm. 


4/14/2010: Senator Specter Discusses Lead, Other Issues, with Door and Window Manufacturer Reps

Approximately 50 members of the door and window industry, including members of the Northeast Window and Door Association, met with Sen. Arlen Specter (R-Pa.) to discuss issues of importance to them. The top issue on most members' minds was the looming lead paint regulations, set to take effect on April 22.  


4/9/2010: NLBMDA Presses EPA To Delay Lead Rule; EPA Says It's 'On Target'

Dealers' group endorses NAHB petition to start later than April 22

The National Lumber and Building Material Dealers Association urged the Environmental Protection Agency to delay the April 22 launch date of a rule. NLBMDA says there hasn't been enough proper preparation to implement the rule, but the EPA said it is "on target" for an April 22 start.


4/6/2010: House Minority Leader Asks EPA To Revisit Lead Rule

Boehner wouldn't, but NAHB requests delay to April 22 enactment date

House Minority Leader John Boehner has urged the Environmental Protection Agency (EPA) administrator to look anew at a soon-to-be-enacted EPA rule designed to control the spread of dust from lead-based paint when old homes are renovated. While the Ohio Republican stopped short of requesting a delay in the rule's April 22 enforcement date, the National Association of Home Builders (NAHB) today formally petitioned the EPA to delay action.

Click here to read the HAHB petition


NY NARI Contractors Organize March on Washington Regarding Upcoming Lead Regulations

A group of Long Island contractors will march on Washington, D.C., on April 15 to ask legislators "for an immediate postponement and modification" of the Environmental Protection Agency's (EPA) new regulations regarding lead. The group supports delaying the April 22 implementation date and keeping in the opt-out clause.


3/26/2010: Senators Send Bipartisan Letter Urging EPA Action on Lead Rule

Senators point out that jobs and health at risk, as thousands of contractors have yet to be certified


3/22/2010: NARI Leaders Deliver Appeal on Capitol Hill

Read this update from NARI National regarding NARI's efforts to help delay the effective date of the EPA RRP rule


Uncertainty Abounds as Lead-Safe Remodeling Deadline Nears

A report from JLC: Tough new EPA rules take effect April 22. But few remodelers are up to speed on the technical and paperwork requirements - and even the EPA doesn't have all the answers.


March 11, 2010: NLBMDA, Others Seek Delay in EPA Lead Rule 

The National Lumber and Building Material Dealers Association and 11 other associations and institutions joined this week in urging two Senate committees to seek a delay in the Environmental Protection Agency's Lead: Renovation, Repair and Painting rule.

Click here to view a copy of the letter

  


Eastern MA NARI Chapter tries to get their questions about the RRP answered by the EPA Region One Office in Boston...

Shawn McCadden and other NARI members have been interacting with the Boston EPA office.  Click here for an update.


In Victory for Remodelers, EPA Rejects New Clearance Testing Requirements for Lead