House Lead Paint Bill Would Help Remodelers, Consumers

NAHB Press Release

WASHINGTON, May 22 - Responding to concerns from the National Association of Home Builders (NAHB) and affiliated trade groups, bipartisan legislation to make much-needed improvements to the Environmental Protection Agency's (EPA) Lead: Renovation, Repair and Painting (LRRP) rule was reintroduced in the U.S. House of Representatives today.

The Lead Exposure Reduction Amendments Act of 2013 (H.R. 2093) is identical to legislation introduced in the last Congress. The bill would reinstate the opt-out provision to allow home owners without small children or pregnant women residing in the home to decide whether to require LRRP compliance, allow remodelers to correct paperwork errors without facing full penalties and provide an exemption for emergency renovations. It would also eliminate the requirement that recertification training be "hands on," so that remodelers would no longer have to travel to training facilities out of their region.

The bipartisan bill, companion legislation to S. 484, was introduced in the U.S. House of Representatives by Rep. Tim Murphy (R-Pa.), along with 21 original co-sponsors.

"H.R. 2093 will make common sense improvements to the EPA's lead paint rule for home owners and remodelers who must comply with the regulation's costly work practices and recordkeeping requirements," said NAHB Remodelers Chairman Bill Shaw, GMR, GMB, CGP, a remodeler from Houston. "Most importantly, it will continue to protect pregnant women and small children against lead hazards. I commend the bill's co-sponsors for their commitment to improve this burdensome regulation."

The LRRP rule applies to homes built before 1978 and requires renovator training and certification, adherence to lead-safe work practices and record keeping.

By removing the opt-out provision in July 2010, EPA more than doubled the number of homes subject to the LRRP rule, adding an estimated $336 million per year in compliance costs to the remodeling community - without making young children any safer.

For more information about remodeling, visit www.nahb.org/remodel.

Regulatory Burdens on Small Business Hurt Housing, Economy, Builders Tell Congress

NAHB Press Release

WASHINGTON, March 14 - Federal agencies are circumventing the intent and the letter of a law to make the regulatory process more cost effective and less burdensome for small businesses, the National Association of Home Builders (NAHB) told Congress today. As a result, the regulatory process continues to unnecessarily increase compliance costs and is acting as a drag on the housing and economic recovery.

Testifying on behalf of NAHB before the House Small Business Committee's Subcommittee on Investigations, Oversight and Regulations, Kansas home builder Carl Harris said compliance with the Regulatory Flexibility Act, which requires federal agencies to review regulations for their impact on small businesses and consider less burdensome alternatives, continues to fall far short of the act's objective.

"Federal agencies often view compliance as largely a procedural function during the federal rulemaking process and not - as Congress intended - an opportunity to reduce the burden of regulations on small businesses," said Harris, who has participated in the regulatory process. "When federal agencies are unprepared to provide small business review panelists with the information and data necessary to evaluate the costs and compliance obligations, the process breaks down."

Harris then cited several examples where a smarter and more sensible regulatory process would benefit the housing industry, home builders and small businesses:

 

The 2008 Occupational Safety and Health Administration Cranes and Derricks Construction Rule:

The rule is intended to protect workers from hazards associated with hoisting equipment in construction. The Regulatory Flexibility Act required OSHA to convene a Small Business Advocacy Review Panel to evaluate the rule's potential impact on small businesses. However, OSHA did not establish a panel until after the rulemaking process was completed.

Harris, who participated on the review panel, explained to OSHA officials that the rule does not take into account the differences between crane applications on residential construction sites and large commercial construction sites. "I personally put forward an effective, feasible alternative that would save lives and reduce injuries in a more cost-effective way by developing regulations for crane operator certification which are appropriate to the equipment that is being used and the risks presented by that equipment," he said. However, since small businesses were not brought into the process until after the rule was finalized, Harris said his participation "seemed little more than a procedural hurdle with little interest from OSHA to make changes based on the feedback received."

 

Stormwater discharges:

In 2010, the Environmental Protection Agency issued changes to its policies covering stormwater discharges from developed sites that had major ramifications for home builders. Once again, EPA failed to provide sufficient information about the proposed changes to a small business review panel on which Harris also served. "Unfortunately, the pattern is often the same: Agencies either fail to comply with the Regulatory Flexibility Act by ignoring the statutory obligation to convene a small entity review panel or convene a panel but fail to provide the panelists sufficient information concerning the proposed rule to allow them to evaluate regulatory options or provide alternatives," he said.

The Environmental Protection Agency's Lead: Renovation, Repair and Painting (RRP) rule:

EPA failed to convene a small business review panel when it first moved to amend the rule in 2008. The final rule, which went into effect in 2010, constrained small businesses in the home building and remodeling industry. It requires renovation work that disturbs more than six square feet in a home built before 1978 to follow new lead-safe work practices supervised by an EPA-certified renovator and performed by an EPA-certified renovation firm.

This has resulted in excessive compliance costs that ultimately get passed on to consumers. An unintended consequence of this rule is that it encourages home owners to hire uncertified contractors to do the work, or worse, do the work themselves and actually increase the likelihood of disturbing lead-based paint. Poor development and implementation by EPA has jeopardized safety, needlessly raised costs for remodelers and consumers, and hindered both job growth and energy efficiency upgrades.

Many of the deficiencies in EPA's RRP rule could have been addressed if the agency had complied with both the letter and the spirit of the Regulatory Flexibility Act, said Harris.

When establishing the Regulatory Flexibility Act in 1980, Congress said the purpose of the law was to "fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulations. To achieve this, principal agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration."

"Unfortunately, all too often federal agencies view compliance with the Regulatory Flexibility Act as either a technicality of the federal rulemaking process or, worse yet, as unnecessary," Harris said. "I urge Congress to seek out ways to improve agency compliance with this law."

What Contractors and Home Owners Need to Know About Lead Paint

The U.S. Environmental Protection Agency's Lead: Renovation, Repair and Painting rule governing the work of professional remodelers in homes built before 1978 took effect on April 22, 2010.

The rule addresses remodeling and renovation projects for all residential and multifamily structures built prior to 1978 that disturb more than six square feet of painted surfaces inside the home or 20 square feet on the exterior of the home, due to possible lead paint contamination.

The EPA rule lists prohibited work practices, including open-torch burning and using high-heat guns and high-speed equipment such as grinders and sanders unless equipped with a HEPA filter. It also requires a cleaning inspection after the work is completed.

Additionally, the rule establishes required lead-safe work practices, including sharing a copy of Renovate Right with the home owner, posting warning signs for occupants and visitors; using disposable plastic drop cloths; cleaning the work area with HEPA vacuuming and wet washing; and individual certification through a training course.

The full rule and brochures for consumers can be downloaded from the EPA’s Web site.

A 2006 NAHB study on lead-safe work practices showed that a home was better off after a remodel than before, as long as the work was performed by trained remodelers who clean the work area with HEPA-equipped vacuums, wet washing and disposable drop cloths.

Tips for Home Owners

1. Hire a Certified Renovator for your home remodeling project.
   Professional remodelers who have achieved EPA Lead-Safe Certification are trained and prepared to work in pre-1978 homes for minimizing dust and potential lead paint exposures. These workers also have certified their firms and will carry an EPA seal verifying their qualifications to follow lead-safe work practices. Certified Renovators have the knowledge and tools to contain dust and keep your family safe. Do not attempt remodeling work yourself or hire an uncertified remodeler as this puts you at risk of lead poisoning.
2. Read Renovate Right.
   Your Certified Renovator will provide you a copy of the Renovate Right brochure produced by the EPA. This brochure describes the dangers of lead poisoning and how the practices of the remodeler will be employed to contain dust, clean, and minimize the dangers of lead paint exposure.
3. Pay attention to warning signs and do not enter containment areas.
   The Certified Renovator will post warning signs and set up areas of containment using plastic to keep dust under control. Pay attention to these notices and stay away from these areas. The remodeler uses these techniques and lead-safe work practices to minimize lead dust exposure.
4. Consider testing for lead.
   You may ask the Certified Renovator to use LeadCheck test kits for testing certain surfaces for lead. If the test comes back negative, the remodeler will not need to use lead safe work practices because the component has tested lead-free. A home owner may alternatively hire a certified risk assessor or lead inspector to conduct testing in the home for lead. Any pre-1978 home can be tested for lead and if the results are negative, the EPA lead rule does not apply.
5. Maintain records about your home remodel.
   After the remodeling job is complete the EPA Certified Renovator will share records with you, such as a checklist describing the work practices used and any results from lead testing. Be sure to keep these records and share them with the next home owner if you should sell your home.

Learn more about EPA's lead paint rule by visiting www.epa.gov/lead/pubs/renovation.htm or by downloading the pamphlet, Renovate Right.