Jeremy Stine, 202-367-2359
For Immediate Release: July 8, 2010
WDMA Files Suit Against EPA Over Removal of Opt-Out Provision in its Lead Paint Rules
[Washington, DC] - Today the Window and Door Manufacturers Association (WDMA), along with a coalition of housing industry associations, filed suit in federal appeals court against the U.S. Environmental Protection Agency for removing the "opt-out" provision from its Lead: Renovation, Repair and Painting Rule (LRRP).
The so-called "opt-out" provision, which was in the original final LRRP rule, let homeowners grant permission to contractors to forgo extra preparation, clean-up and recordkeeping requirements in pre-1978 homes if there are no children under 6 or pregnant women present. EPA issued a final rule on May 6 which removed this option for homeowners and it became effective on July 6, 2010. As a result, 79 million homes are now subject to the requirements of the LRRP, substantially raising costs for homeowners with little demonstrated benefit.
"It's clear that EPA's removal of the opt-out provision will significantly impact the window, door and skylight retrofit market," said WDMA Chair Steve Sisson, Vice President and General Manager of Karona, Inc. in Grand Rapids, MI. "Millions of additional homeowners will be subject to substantial unnecessary costs as a result of the LRRP, which will only discourage them from making energy-efficient improvements or cause them to seek out uncertified contractors."
The National Association of Home Builders, the Hearth, Patio & Barbeque Association, and the National Lumber and Building Material Dealers Association joined WDMA in the suit which was filed in the U.S. Court of Appeals for the D.C. Circuit. The coalition is challenging the removal of the opt-out provision on the grounds that EPA substantially amended the LRRP rule without any new scientific data and before the regulation was even put into place on April 22.
WDMA estimates that compliance with LRRP will add an estimated $60-$170 per window opening on a typical retrofit project.
Founded in 1927, the Window & Door Manufacturers Association is the premier trade association representing the leading manufacturers of residential and commercial window, door and skylight products for the domestic and export markets. WDMA members are focused on Total Product Performance™ products that are designed and built to performance-based standards. The association is focused on key member needs in the areas of advocacy, product performance, education and information and facilitating business interactions and relationships in the fenestration eco-system. For more information, please visit www.wdma.com.