The EPA's New Rule on Renovation, Repair and Painting - Yet Another Example of Government Sucking

The EPA's new rule on Renovation, Repair and Painting ("RR&P") became effective on April 22, 2010.  The public policy intent is to prevent neurological or other physical damage from the ingestion of lead based paint.  Attached here is an overview of the RR&P rule.  Note that it takes 43 pages to summarize the rule.

This is yet another example of how much government sucks sometimes.  This rule effectively kills a fly with a sledgehammer.  As someone who works almost exclusively with pre-1978 homes, which are all already subject to disclosure requirements about the possible presence of and potential hazard of lead based paint, I'm pretty much flabbergasted about the government's approach.  Are they serious?

The rule requires ANYONE who is going to be working on a 1978 or older home and doing ANYTHING that would "disturb" lead based paint - from sanding, to installing replacement windows, to removing and replacing any carpentry elements, cabinets, or fixtures - to be "certified" as a "certified renovator" - or working under one - and to use what the EPA characterizes as "lead-safe practices."

The problem with this?  Here are just a few:

• The EPA did an absolutely TERRIBLE job of notifying the public of these requirements.  All of a sudden these rules are effective, and many people whose livelihood is renovation weren't even on notice;
• The certification process is, of course, expensive.  Thank you federal government, hope it helps fill those coffers;
• The "lead-safe practices" required are going to impose SIGNIFICANT additional costs on any renovation of a 1978 or older home; 
• Individual homeowners are not allowed to receive disclosure and then choose to opt-out of the program after they are (i) aware of the potential risks; and (ii) making the informed decision to accept those risks;
• This RR&P rule creates a DISINCENTIVE to purchase an older home, which is actually one of the greenest, most environmentally friendly options available; AND
• You have to ingest a HUGE amount of lead in order to be impacted.  Unless you plan on sanding walls all day, every day, without wearing any protective gear, or unless you plan to allow your children to continuously gnaw on the 1950s radiators for weeks and weeks on end, you will not ingest lead at levels sufficient to lead to neurological impacts.  So why in the heck are we imposing such a costly rule, with such minimal benefits?

I have no idea.  The EPA is insane.  I'd love to know who the individuals were who crafted this rule and thought it was a good idea. 

Here's hoping this regulation gets challenged and thrown out and fast.  Otherwise I propose we re-name it the "Let's Balance the EPA's budget!" and "Full Employment for Trial Lawyers" rule.  Harder to say, but clearly more accurate.

Comments

[Melissa Loughridge Savenko]

Ummm....RRP? Did you read the blog? I thought that's already what I said. And I also said I think the rule is stupid. I still think the rule is stupid.

[RRP]

After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification (PDF) (9 pp, 642K) and fee payment to EPA. EPA will begin processing applications on October 22, 2009.