MHI Opposes Any Consideration to Remove “Opt-Out” Provision from EPA Lead Rule

A new rule by the Environmental Protection Agency (EPA) requiring that all renovation and repair work in pre-1978 homes must be done in accordance with lead-safe work practices supervised by an EPA certified renovator and performed by an EPA certified renovation firm took effect yesterday, April 22.

On March 8, MHI joined the National Association of Homebuilders (NAHB) and a dozen other Washington based trade associations in sending a letter to the Chairmen and Ranking Minority members of the Senate Energy and Natural Resources and the Environment and Public Works Committees requesting a delay in implementation of rule. However, EPA is moving ahead with implementation.

There is an important “opt-out” provision of the training, certification and work practice requirements when the following conditions are met:

  • The renovation will occur in a residence;
  • No child under age 6 resides there;
  • No woman who is pregnant resides there;
  • The housing is not a child-occupied facility; and,
  • The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.

MHI and industry groups have learned EPA is considering removing the “opt-out” provision, which MHI will formally oppose. EPA has not yet made a determination so the rule is being implemented with the opt-out provision intact until a determination is made.

MHI members can contact Lois Starkey at lstarkey@mfghome.org with any questions.

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