The National Lumber and Building Material Dealers Association (NLBMDA) recently submitted comments to the Environmental Protection Agency (EPA) regarding its examination of the Lead: Renovation, Repair, and Painting (RRP) rule under Section 610 of the Regulatory Flexibility Act (RFA). The rule regulates renovations of homes built before 1978. Its significant economic impact on small businesses requires the EPA to review it within ten years of enactment and explore options for reducing compliance costs.

In August, NLBMDA attended an Environmental Roundtable on the rule hosted by the Small Business Administration (SBA) Office of Advocacy, and was concerned about comments made by the EPA that it had no plans to reevaluate the analysis justifying the rule, even though there is now six years of available data to review.

Limited data used to justify the rule, removal of the opt-out provision, inaccuracy of lead paint test kits approved by the EPA for compliance, and requiring certified contractors to do hands-on training to become recertified were cited by NLBMDA as flaws with the current RRP rule. NLBMDA had previously objected to the removal of the opt-out provision as unsubstantiated by the EPA and inconsistent with the Agency's rationale for including the opt-out provision in the initial rule. To view a copy of NLBMDA's comments, click here.

(Source: NLBMDA, Ben Gann, 9/15/16)

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