Housing Groups Suing EPA Over Lead Paint Rule

Washington, DC, July 9, 2010--A coalition of housing industry groups joined the National Association of Home Builders in announcing plans to file a lawsuit against the Environmental Protection Agency for removing the "opt-out" provision from its Lead: Renovation, Repair and Painting rule.

The provision could affect how floorcovering is installed.

The Lead: Renovation, Repair and Painting rule 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, Michigan.

"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."

The Hearth, Patio & Barbecue Association, the National Lumber and Building Material Dealers Association and the Window and Door Manufacturers Association joined NAHB in filing the petition for review in the U.S. Court of Appeals for the D.C. Circuit.

The group will challenge EPA's action on the grounds that the agency substantially amended its LRRP regulation without any new scientific data and before the regulation was even put into place on April 22, 2010.

Remodelers' and other contractors' estimates of the additional costs associated with the lead-safe work practices average about $2,400, but vary according to the size and type of job.