EPA Lead-Paint Regulations Looming

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NAHB Petitions EPA to Delay Lead-Paint Work Regulations Until Agency Can Show Capacity

Citing a need for more trainers and a faster certification process, inaccurate test kits and a lack of preparedness on the part of the federal Environmental Protection Agency (EPA), the National Association of Home Builders (NAHB) yesterday petitioned EPA Administrator Lisa P. Jackson to delay the Lead: Repair, Renovation and Painting Program Rule.

The rule, slated to become effective April 22, requires all remodelers and other contractors working in homes built before 1978 to be trained and certified in lead-safe work practices and to use those practices in homes where small children or pregnant women live. EPA is also seeking to amend the regulation so that it would apply to all pre-1978 homes.

“NAHB and its builder and remodeler members fully support with the goals of the rule, which is designed to protect children from the toxic effects of lead paint,” said NAHB Remodelers Chairman Donna Shirey, CGR, CAPS, CGP, and President of Shirey Contracting in Issaquah, Wash.

“Remodelers are working hard to get trained and certified under the EPA’s lead rule. But we continue to receive calls that they can’t find training and are waiting to hear back from the EPA on certification. It’s incredibly frustrating that despite our diligence, remodelers will be penalized after April 22 because of the EPA’s failure to plan,” Shirey said.

The petition detailed four reasons why EPA should delay the rule under the “good cause” provisions of the Administrative Procedure Act:

Lack of EPA-accredited trainers. The agency only began to accredit training providers for the required eight hours of classes last fall and by the end of March there were 190, according to EPA. But four states have no training providers and six others have only one or two. “The lack of a sufficient number of accredited trainers will impede the certification of renovators that are allowed to conduct and/or oversee the critical work practice provisions of the LRRP Rule,” the petition said.

Not enough certified firms. In addition to having at least one trained and certified staff member, each company doing work in pre-1978 homes must be certified by EPA. There were less than 2,000 certified firms nationwide by mid-February, EPA has disclosed. “EPA currently lacks the resources and infrastructure to inform the regulated community, process applications in a timely manner, and enable firms to comply,” the petition said.

Not enough certified renovators. EPA estimates that 235,916 people must be certified as renovators upon the effective date of the rule. As of last week, EPA estimated that 75,000 contractors had attended an approved training course. “Despite the combined efforts of EPA, NAHB and other stakeholders, the number of certified renovators remains well below what is required to achieve an acceptable level of compliance,” the petition said.

Inaccurate test kits. Commercially available test kits designed to ensure that there is no lead paint in the home are inaccurate between 42 percent and 78 percent of the time. Those inaccuracies mean that most of the 8.4 million annual remodeling jobs subject to the rule “will not result in any protection to children, adults, or the environment because lead at levels regulated by the federal government is not present in many of these housing units,” the petition said.