AAMA Supports Legislation to Restore “Opt-Out” Provision in LRRP Regulations

March 6th, 2012 by DWM Magazine

The Lead Exposure Reduction Amendments Act of 2012 (S2148), introduced by Sen. James Inhofe (R-OK), seeks to restore the “Opt-Out” provision removed from the Environmental Protection Agency’s (EPA) Lead Renovate, Repair and Painting (LRRP) rule in April 2010. This legislation has been directed to the Committee on Environment and Public Works (EPW), on which Inhofe presides as Ranking Minority Member.

The American Architectural Manufacturers Association (AAMA) issued a statement noting that it supports revisions to current LRRP requirements and will be providing information to members of EPW to address questions regarding the EPA’s decision to eliminate the “Opt-Out” provision. The committee is expected to invite EPA and Center for Disease Control officials to provide testimony during an upcoming hearing on lead and children’s health within the next month, says the AAMA release.

“Inherent flaws and overreach in the LRRP regulations are killing jobs and severely limiting the replacement of energy-inefficient windows,” says Rich Walker, AAMA’s president and CEO. “The rule unfairly penalizes homeowners, contractors and business owners involved in renovation and repair.”

Specifically, S2148 would restore the “Opt-Out” provision, suspend the LRRP if the EPA cannot approve commercially available test kits that meet the regulation’s requirements and restrict the EPA from expanding LRRP activities to commercial and public buildings until a study is conducted to prove necessity.

S2148 would also provide an exemption from penalty for contractors who submit documentation for the first time or with typographical errors and allows for a process to resubmit the corrected documentation. The legislation would provide exceptions for renovations after a natural disaster and eliminate requirements for hands-on recertification training.

Currently, the LRRP requires those paid to renovate or rebuild residential properties built before 1978 to be certified by the EPA. Reinstating the “Opt-Out” provision will allow homeowners without small children and/or pregnant women to choose whether to require LRRP compliance from their contractors.

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