House Committee Votes to Stop EPA Lead Rule Enforcement Without Reliable Test Kit

June 28th, 2012 by DWM Magazine

The National Lumber and Building Material Dealers Association (NLBMDA) and the Window and Door Manufacturers Association (WDMA) commended the House Appropriations Committee for again adopting an amendment to the upcoming budget for the U.S. Environmental Protection Agency (EPA) that would prohibit the agency from enforcing its Lead: Renovation, Repair and Painting (LRRP) Rule until it approves a reliable lead test kit as mandated by the agency’s own regulations. According to the announcement, the association-supported amendment was again sponsored by Rep. Denny Rehberg (R-MT) and was approved by a party-line vote of 27-20. The NLBMDA and WDMA note that same amendment adopted by the committee last year was not enacted when Congress only extended agency funding through a continuing resolution and not separate legislation.

When EPA implemented the final LRRP Rule the agency was supposed to have approved a commercially available lead test kit which produced no more than 10 percent false positives and 5 percent false negatives, according to the release. As of today, no such kit is available on the market and some kits can produce false positives as high as 60 percent of the time, reports the announcement.

“NLBMDA would like to thank Congressman Rehberg for his efforts to help alleviate the unjustified compliance burden placed on dealers and their customers, as a result of unreliable test kits,” says NLBMDA chair Cally Fromme, executive vice president of Zarsky Lumber Company in Victoria, Texas. “If the EPA is going to expect compliance from the regulated community, we expect them to adhere to their own regulations, as well.”

“WDMA would like to thank Congressman Rehberg for his leadership and tenacity on this issue and the members of the committee who supported his amendment,” adds WDMA president and CEO Michael O’Brien. “As we said last year, it is entirely reasonable to expect EPA to comply with their own regulations especially since it expects our industry to comply. We are doing our part, they should do theirs.”

The appropriations bill will now move to the full House of Representatives for consideration.

 

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