---
title: Federal Court Denies Elimination of RRP Opt-Out
description: On June 22 a federal court denied the petition to review the EPA’s amendment to the RRP Rule that eliminated the “opt-out” provision
image: https://www.shawnmccadden.com/hs-fs/file-15741334-jpg/images/court_of_appeals_for_district_of_columbia_-wr.jpg
---

[![Shawn McCadden](https://www.shawnmccadden.com/hs-fs/hub/81069/file-1539748069.jpg)](https://www.shawnmccadden.com/)

# Welcome to RRPedia Your Interactive Resource for EPA RRP Information

## ![RRPedia logo](https://www.shawnmccadden.com/hs-fs/file-1549005086-jpg/images/RRPedia_Logosmall_-wr-1.jpg)Looking for accurate information about the EPA RRP rule?

RRPedia has been created by Shawn McCadden to help remodelers and others affected by the New EPA Renovation Repair and Painting Rule. 

## Please read *[RRPedia Use and Contribution Information](https://www.shawnmccadden.com/using-and-contributing-to-rrpedia-/) *before using or contributing to RRPedia.

 

---

# You Can Browse For RRP Topics By Using The Tags List To The Right

## [Federal Court Denies Elimination of RRP Opt-Out](https://www.shawnmccadden.com/rrpedia/bid/79387/Federal-Court-Denies-Elimination-of-RRP-Opt-Out)

Posted by [Shawn McCadden](https://www.shawnmccadden.com/rrpedia/author/shawn-mccadden) on Wed, Jun 27, 2012 @ 01:08 PM

- [Tweet](https://twitter.com/share)

## **Federal Court Denies Elimination of RRP Opt-Out**

![Court of Appeals for District of Columbia ](https://www.shawnmccadden.com/hs-fs/file-15741334-jpg/images/court_of_appeals_for_district_of_columbia_-wr.jpg?width=184&height=184&name=court_of_appeals_for_district_of_columbia_-wr.jpg)

 

On June 22 a federal court denied the petition filed by several construction industry trade groups to review the EPA’s amendment to the RRP Rule that eliminated the “opt-out” provision originally included in the rule.

The original petition was filed in November 2011, led by the NAHB. The National Lumber and Building Material Dealers Association, the Window & Door Manufacturers Association, and the Hearth, Patio & Barbecue Association also joined in with NAHB for the petition.

You can read the full decision by the U.S. Court of Appeals for the District of Columbia [here](http://r20.rs6.net/tn.jsp?e=001dHS6vB0DawMrKu4wfW3kJIXg_iJUKau2xVIkrfacnqO2Fty5qfbOjObMSwCCoeYGdwwF2Aa4qPFTYVbprTJpfKkBTWKZ0fQazHpJxoMZm3Hzs6rrk8hYWE4vaV48WZtUJxmnI-Edu0HBy0dAH4pbLzpz_1KAfohNaXC7Qwj0o00=).  

 

### **Looking for hope?**

![RRP Opt out update](https://www.shawnmccadden.com/hs-fs/file-15756941-jpg/images/fingers_crossed-wr.jpg?width=93&height=139&name=fingers_crossed-wr.jpg)Renovators and others hoping for the return of the opt-out still have reason for hope for the return of the RRP opt-out because of the Lead Exposure Amendments Act of 2012.  Two separate bills were introduced in the Senate and House earlier this year by Sen. James Inhofe, R-Okla., and Reps. John Sullivan, R-Okla., and Tim Murphy, R-Pa.  Learn about the most recent Amendment Act introduced on June 7th [here](https://www.shawnmccadden.com/rrpedia/bid/78874/Congress-Introduces-Another-Amendment-to-RRP-Rule-June-7-2012).

 

### **NARI is working for Remodeler relief as well**

![NARI Government Affairs Committee Chairman David Merrick](https://www.shawnmccadden.com/hs-fs/file-15743239-jpg/images/david_merrick-wr.jpg?width=95&height=143&name=david_merrick-wr.jpg)

 

NARI Government Affairs Committee Chairman David Merrick, MCR, UDCP, will testify Wednesday, June 27 at 1 p.m. Eastern before the House Small Business Committee on the topic of "Regulatory Flexibility Act Compliance: Is EPA Failing Small Business?"  The focus of the hearing will be how the EPA plans to handle LRRP in relation to commercial construction. Merrick will also address NARI concerns about LRRP and residential construction.

![NARI Members fight RRP opt-out](https://www.shawnmccadden.com/hs-fs/file-15777568-jpg/images/nari.jpg?width=97&height=85&name=nari.jpg)NARI members are encouraged to send letters of support, using the NARI template you can find [here](http://www.nari.org/media/releases/article.asp?SECTION_ID=2&ARTICLE_ID=1503&). Letters will become part of the hearing record.

 NARI Members can fax letters to (202) 226-5276 by June 29. Please also fax a copy to NARI National at (847) 298-9225 or e-mail a copy to [gac@nari.org](mailto:gac@nari.org). 

Merrick's testimony will be streamed live and viewable on-demand on the [committee's Website](http://smallbusiness.house.gov/) at 1 p.m. Eastern time. 

The Committee will also hear testimony from Keith W. Holman, Legal and Policy Counsel, U.S. Chamber of Commerce, Environment, Technology and Regulatory Affairs Division, Washington, DC; Frank Knapp, South Carolina Small Business Chamber of Commerce, Columbia, SC; and Jeff Brediger, Director of Utilities, Orrville Utilities, Orrville, OH;

 Topics: [EPA RRP Rule Updates](https://www.shawnmccadden.com/rrpedia/topic/epa-rrp-rule-updates), [Letters to send to Politicians](https://www.shawnmccadden.com/rrpedia/topic/letters-to-send-to-politicians), [Opt Out Related](https://www.shawnmccadden.com/rrpedia/topic/opt-out-related), [Amendments](https://www.shawnmccadden.com/rrpedia/topic/amendments)

[![cs-ye-234x16](https://www.shawnmccadden.com/hs-fs/hub/81069/file-1553381212.gif)](http://www.copyscape.com/duplicate-content/)

### Subscribe to RRPedia by Email and get notified about new postings as soon as they happen!

### Are You Documenting Yor Crew's Compliance With The RRP Rule? 

[![download free RRP checklist](https://no-cache.hubspot.com/cta/default/81069/dd6aace9-6cb0-4ad2-a55a-09846d7f5b5e.png)](https://cta-redirect.hubspot.com/cta/redirect/81069/dd6aace9-6cb0-4ad2-a55a-09846d7f5b5e)

### Still Using a Yellow Pad for Your Estimating?

[![free excel estimating template](https://no-cache.hubspot.com/cta/default/81069/14387bf1-ade4-4b88-9c17-1b56a85bab52.png)](https://cta-redirect.hubspot.com/cta/redirect/81069/14387bf1-ade4-4b88-9c17-1b56a85bab52)

### How Confident Are You About Your Labor Costs Assumptions? 

[![New Call-to-action](https://no-cache.hubspot.com/cta/default/81069/390dc019-2e22-41cc-8b47-eeb259f25bf3.png)](https://cta-redirect.hubspot.com/cta/redirect/81069/390dc019-2e22-41cc-8b47-eeb259f25bf3)

### Browse Topics by Tag

- [Amendments (14)](https://www.shawnmccadden.com/rrpedia/topic/amendments)
- [Authorized States (8)](https://www.shawnmccadden.com/rrpedia/topic/authorized-states)
- [Business Considerations (5)](https://www.shawnmccadden.com/rrpedia/topic/business-considerations)
- [Business Financials (1)](https://www.shawnmccadden.com/rrpedia/topic/business-financials)
- [Certified Renovator Training (8)](https://www.shawnmccadden.com/rrpedia/topic/certified-renovator-training)
- [Compliance Options (20)](https://www.shawnmccadden.com/rrpedia/topic/compliance-options)
- [Containment Considerations (11)](https://www.shawnmccadden.com/rrpedia/topic/containment-considerations)
- [Definitions (15)](https://www.shawnmccadden.com/rrpedia/topic/definitions)
- [Documentation Considerations (21)](https://www.shawnmccadden.com/rrpedia/topic/documentation-considerations)
- [Effects of the RRP Rule (30)](https://www.shawnmccadden.com/rrpedia/topic/effects-of-the-rrp-rule)
- [Enforcement and Inspections (50)](https://www.shawnmccadden.com/rrpedia/topic/enforcement-and-inspections)
- [EPA Announcements (8)](https://www.shawnmccadden.com/rrpedia/topic/epa-announcements)
- [EPA Contact Information (1)](https://www.shawnmccadden.com/rrpedia/topic/epa-contact-information)
- [EPA RRP for Dummies (22)](https://www.shawnmccadden.com/rrpedia/topic/epa-rrp-for-dummies)
- [EPA RRP Lead Rules (22)](https://www.shawnmccadden.com/rrpedia/topic/epa-rrp-lead-rules)
- [EPA RRP Rule Updates (26)](https://www.shawnmccadden.com/rrpedia/topic/epa-rrp-rule-updates)
- [Estimating Considerations (10)](https://www.shawnmccadden.com/rrpedia/topic/estimating-considerations)
- [Exemptions to the Rule (1)](https://www.shawnmccadden.com/rrpedia/topic/exemptions-to-the-rule)
- [Firm Certification (16)](https://www.shawnmccadden.com/rrpedia/topic/firm-certification)
- [Guest Blogs (14)](https://www.shawnmccadden.com/rrpedia/topic/guest-blogs)
- [Health Effects of Lead (30)](https://www.shawnmccadden.com/rrpedia/topic/health-effects-of-lead)
- [HEPA Vac Info (3)](https://www.shawnmccadden.com/rrpedia/topic/hepa-vac-info)
- [Info for Landlords (21)](https://www.shawnmccadden.com/rrpedia/topic/info-for-landlords)
- [Info for Trainers (4)](https://www.shawnmccadden.com/rrpedia/topic/info-for-trainers)
- [Insurance Considerations (5)](https://www.shawnmccadden.com/rrpedia/topic/insurance-considerations)
- [Lead Test Kits and Testing (25)](https://www.shawnmccadden.com/rrpedia/topic/lead-test-kits-and-testing)
- [Legal Considerations (33)](https://www.shawnmccadden.com/rrpedia/topic/legal-considerations)
- [Letters to send to Politicians (2)](https://www.shawnmccadden.com/rrpedia/topic/letters-to-send-to-politicians)
- [MA RRP Lead Rules (13)](https://www.shawnmccadden.com/rrpedia/topic/ma-rrp-lead-rules)
- [MA RRP Licensing (4)](https://www.shawnmccadden.com/rrpedia/topic/ma-rrp-licensing)
- [MA RRP Updates (12)](https://www.shawnmccadden.com/rrpedia/topic/ma-rrp-updates)
- [Marketing Considerations (8)](https://www.shawnmccadden.com/rrpedia/topic/marketing-considerations)
- [Mentoring/Coaching (1)](https://www.shawnmccadden.com/rrpedia/topic/mentoringcoaching)
- [New Business Realities (2)](https://www.shawnmccadden.com/rrpedia/topic/new-business-realities)
- [Non-RRP Lead Topics (6)](https://www.shawnmccadden.com/rrpedia/topic/non-rrp-lead-topics)
- [Notification Considerations (7)](https://www.shawnmccadden.com/rrpedia/topic/notification-considerations)
- [Opinions from Renovators (16)](https://www.shawnmccadden.com/rrpedia/topic/opinions-from-renovators)
- [Opt Out Related (9)](https://www.shawnmccadden.com/rrpedia/topic/opt-out-related)
- [OSHA - EPA Challenges (8)](https://www.shawnmccadden.com/rrpedia/topic/osha-epa-challenges)
- [OSHA Considerations (19)](https://www.shawnmccadden.com/rrpedia/topic/osha-considerations)
- [Paints and Painting (1)](https://www.shawnmccadden.com/rrpedia/topic/paints-and-painting)
- [Personal Protection (15)](https://www.shawnmccadden.com/rrpedia/topic/personal-protection)
- [Production Considerations (18)](https://www.shawnmccadden.com/rrpedia/topic/production-considerations)
- [Refresher Information (4)](https://www.shawnmccadden.com/rrpedia/topic/refresher-information)
- [Rhode Island RRP Rule (1)](https://www.shawnmccadden.com/rrpedia/topic/rhode-island-rrp-rule)
- [RI Conciderations (6)](https://www.shawnmccadden.com/rrpedia/topic/ri-conciderations)
- [RRP for Dummies (12)](https://www.shawnmccadden.com/rrpedia/topic/rrp-for-dummies)
- [RRP History (1)](https://www.shawnmccadden.com/rrpedia/topic/rrp-history)
- [RRP in MA (9)](https://www.shawnmccadden.com/rrpedia/topic/rrp-in-ma)
- [RRP Questions (27)](https://www.shawnmccadden.com/rrpedia/topic/rrp-questions)
- [Sales Considerations (20)](https://www.shawnmccadden.com/rrpedia/topic/sales-considerations)
- [Shawn's Predictions (14)](https://www.shawnmccadden.com/rrpedia/topic/shawn39s-predictions)
- [Signage (2)](https://www.shawnmccadden.com/rrpedia/topic/signage)
- [Statistics (10)](https://www.shawnmccadden.com/rrpedia/topic/statistics)
- [Subcontractor Considerations (9)](https://www.shawnmccadden.com/rrpedia/topic/subcontractor-considerations)
- [Technology for Remodelers (1)](https://www.shawnmccadden.com/rrpedia/topic/technology-for-remodelers)
- [Tools and Supplies (16)](https://www.shawnmccadden.com/rrpedia/topic/tools-and-supplies)
- [Videos (11)](https://www.shawnmccadden.com/rrpedia/topic/videos)
- [Violation Reports (10)](https://www.shawnmccadden.com/rrpedia/topic/violation-reports)
- [Wisconsin Lead-Safe Renovation Rule (1)](https://www.shawnmccadden.com/rrpedia/topic/wisconsin-lead-safe-renovation-rule)
- [Work Practice Exclusions (7)](https://www.shawnmccadden.com/rrpedia/topic/work-practice-exclusions)
- [Work Practices (38)](https://www.shawnmccadden.com/rrpedia/topic/work-practices)
- [Worker Training (15)](https://www.shawnmccadden.com/rrpedia/topic/worker-training)

### I just wanted to say thank you for your efforts to keep us informed. 

*"Thank you again for the hundreth time for keeping a vigil on this business nightmare. Your site is one of the best resources we have to stay on level ground"* 

**Christian Peter**

 

*"I am quite impressed with all the confusion out there at Shawn McCadden’s clear and concise voice that continues to help contractors and those involved in this industry truly understand the rule. His efforts should be applauded."* 

**Christopher Wagner, LBPFiles**

 

*"RRPedia is an accurate and contractor friendly interpretation of the very complex and confusing EPA RRP rule"*

* *

*"Thanks for taking the time to write the blog.  It's about the only place one can go to get some serious info on this dreadful subject"*

 

*"I would like to begin by thanking Shawn for all of his postings and education that he has been sharing with the remodeling industry. He has personally been extremely helpful in guiding me through various interpretations of the RRP rule, his advice and knowledge are priceless."*

**Michael A. Mahoney***  
*

### Suggest or Contribute a RRPedia Topic

### Want a Simple Summary of the EPA RRP?

#### Shawn McCadden has created an EPA RRP Summary for Remodelers.

*"Hi Shawn, **Nice RRP write up on the website.   I've already forwarded a link to it to a number of local builder types."*  

#### [Click here to go to the summary.](https://www.shawnmccadden.com/epa-rrp-summary-for-remodelers-by-shawn-mccadden/)  You can also download it if you want your own copy.

### Add this widget to your Web page, blog, or social networking site. A widget is a CDC.gov application that displays the featured content directly on your web page. Click the buttons to see the next tip to prevent lead poisoning.