Is The RRP Rule “Outdated And Harmful To The Economy”?

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Is The RRP Rule “Outdated And Harmful To The Economy”?

A New York Times story today reported that President Obama has ordered a top-to-bottom review of federal regulations to get rid of rules that are outdated and harmful to the economy.  Is the current RRP Rule based on outdated research and is it harmful to the economy?   Many in the remodeling industry think so and have been beating that drum for some time now.  Perhaps this is just what the remodeling industry needs to help get rid of the current RRP Rule in favor of one that is up to date and protects legally operating businesses.

According to the story Obama signed an executive order today that would step up oversight of the regulations issued by government agencies such as U.S. EPA and the Interior Department.

Here are a few promising excerpts from the executive order, let’s hope the president really means what he signed:

 “Section 1.  General Principles of Regulation.  (a)  Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation.  It must be based on the best available science.  It must allow for public participation and an open exchange of ideas.  It must promote predictability and reduce uncertainty.  It must identify and use the best, most innovative and least burdensome tools for achieving regulatory ends.  It must take into account benefits and costs, both quantitative and qualitative.  It must ensure that regulations are accessible, consistent, written in plain language, and easy to understand.  It must measure, and seek to improve, the actual results of regulatory requirements.”

“To the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt”

“Identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public.”

“Regulations shall be adopted through a process that involves public participation.  To that end, regulations shall be based, to the extent feasible and consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole.”

“Each agency shall also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.”

“Sec. 6.  Retrospective Analyses of Existing Rules.  (a)  To facilitate the periodic review of existing significant regulations, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.”

Perhaps industry trade associations can take advantage of this executive order to get EPA to rethink the current RRP rule.  To protect the interests of renovators, at a minimum, the RRP Rule or any proposed amendments should reflect real scientific facts about EBLL’s caused by RRP activities and address the economic challenges currently being experienced by compliant businesses that have been complaining about illegal and unfair completion due to the lack of enforcement of the RRP Rule by EPA. 

Based on the executive order, perhaps the EPA will also be forced to track, measure and report on the actual effectiveness of the rule in accomplishing specific performance outcomes.  If performance outcomes are specific and clear, I suggest a revised rule could not only better address the lead poisoning of children due to RRP, it could also assist in fostering innovative methods and tools that would help our industry reduce the cost to do so; for businesses and the consumer.