“New” Lead Based Paint Rule Revised

Remember the new Lead Based Paint Rules/Regulation/Law that went into effect in April? Apparently it was revised, with very little fanfare and advertising from the EPA. The only way I learned about it was when I saw that the National Association of Home Builders is suing the EPA: (bolding mine)

A coalition of housing industry groups joined the National Association of Home Builders (NAHB) today in announcing plans to file a lawsuit against the federal Environmental Protection Agency (EPA) for removing the “opt-out” provision from its Lead: Renovation, Repair and Painting rule.

The Lead: Renovation, Repair and Painting rule (LRRP) applies to homes constructed before 1978 when lead paint was banned. Its opt-out provision, which expired July 6, let consumers allow contractors to bypass extra preparation, clean-up and recordkeeping requirements in homes where there were no children under 6 or pregnant women, thus avoiding additional costs.

“Removing the opt-out provision more than doubles the number of homes subject to the regulation,” said NAHB Chairman Bob Jones, a home builder and developer in Bloomfield Hills, Mich. “About 79 million homes are affected, even though EPA estimates that only 38 million homes contain lead-based paint. Removing the opt-out provision extends the rule to consumers who need no protection.”

This is one of the very few lawsuits with which I agree. If a consumer chooses to endanger him or herself (which apparently they are by sniffing lead based paint), that should be their right.

Think about number of homeowners affected in CharlAlbemarle.

Right now* nearly 1/3 of homes on the market in Albemarle – 322 homes – are affected by this rule (as in, they were built before 1978). For perspective, however, 22,235 properties in Albemarle were built prior to 1978.

Just over 55% of the homes on the market – 213 homes – in the City of Charlottesville are affected.

More at the Hill:

The removal of the opt-out language was part of a settlement EPA made with Sierra Club and others. Chai said NAHB was not part of those settlement talks.

After NAHB, Sierra Club and others sued EPA over the 2008 rule for different reasons, settlement negotiations with all groups began in fall of that year. But the discussions took a turn in 2009 after President Barack Obama took office, Chai noted. EPA then agreed to propose three new rulemakings, including two that amended the 2008 rule. The removal of the opt-out provision is the first of the two amendments to that rule to be finalized.

Hat tip to Inman News for pointing out the story. I’m citing the above story because their version of the press release isn’t going to be behind a paywall.

* Right now is 8 am on 12 July 2010.

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