[Washington, DC]　 Today the Environmental Protection Agency (EPA) released its list of regulations it would review to make them less burdensome and costly for businesses in response to President Obama's recent Executive Order 13563 requiring all federal agencies to conduct such a review.  When the executive order was issued, WDMA had urged EPA to include a number of issues related to the EPA Lead: Renovation, Repair and Painting (LRRP) Rule in its review, yet the agency appears to be limiting its review to the existing work activity testing requirements and the pending LRRP clearance testing proposed rule, which is expected to be finalized this summer.

The clearance testing proposal would expand the LRRP by establishing additional requirements to ensure that renovation work areas are adequately cleaned after renovation work is finished and before the areas are re-occupied.  These additional requirements could include expensive multiple dust wipe tests through EPA-approved labs after renovations are completed and depending on the type of renovation work, ensuring that the renovation work areas meet stringent clearance standards before re-occupancy.  WDMA has repeatedly asserted to both EPA and the Office of Management and Budget (OMB) that EPA lacks the authority for establishing such requirements for renovations, and moreover that the agency has not adequately substantiated the need for them.

In today's announcement, EPA said it was reviewing the "efficacy" of the testing requirements but still planned on issuing a final rule this summer.

"WDMA is pleased the Administration is responding in some manner to the numerous issues raised by the clearance testing proposal," said WDMA President Michael O'Brien.  "However, given EPA's past decisions related to the Lead Rule, we are doubtful that this will lead to the significant changes needed to reduce the incredible burden it has placed on the industry and its customers.".