EPA Lead RRP Rule — Clearance Amendment

EPA Lead RRP Rule — Clearance Amendment

NARI, along with many allied associations, formally requested that the EPA extend the comment period on the proposed clearance amendment.  The industry needed more time to understand the amendment and its implications.  The EPA granted this extension until August 6 which is the new date the comment period will close.

Due to the complexity of the amendment and the need to understand thoroughly its ramifications, NARI, along with a coalition of 13 allied associations, retained an expert at shared cost to do a legal analysis on this amendment.  Key findings in the analysis determined:

1.   that the EPA does not have the legal authority under the Toxic Substances Control Act to require dust wipe testing or clearance requirements on renovators;

2.   that the proposed requirements are inconsistent with the statute because they eliminate the distinction between abatement and renovation

These findings will be shared with the EPA by July 21.  The following associations participated in the study:

·      American Architectural Manufacturers Association

·         Associated Builders and Contractors

·         Associated General Contractors

·         Institute of Real Estate Management

·         National Association of Home Builders

·         National Association of the Remodeling Industry

·         National Association of Realtors

·         National Lumber & Building Material Dealers Association (NLBMDA)

·         National Multi-Housing Council/ National Apartment Association

·         Painting & Decorating Contractors of America

·         Real Estate Roundtable

·         Vinyl Siding Institute

·         Window and Door Dealers Alliance

·         Window and Door Manufacturers Association (WDMA) 

NAHB ET AL FILE SUIT AGAINST EPA

As a separate matter and on July 8, the NAHB, along with the Hearth, Patio and Barbeque Association (HPBA), NLBMDA and WDMA filed suit against EPA over removal of the opt-out provision in the US Court of Appeals for the District of Columbia Circuit.  The removal of the opt-out language ws part of a legal settlement EPA made with the Sierra Club and others.  The NAHB suit is getting more and more public attention with environmental and child advocacy groups weighing in.  NARI had no knowledge or awareness of the pending suit filed by NAHB et al.  The coalition noted above was formed for the exclusive purpose of researching further the clearance amendment.