epa update

 The NAHB Remodelers Board of Trustees this week discussed the EPA's new Lead Renovation, Repair and Repainting rule that went into effect on April 22 with Steve Owens, assistant administrator of the EPA, and Maria Doa, who heads the agency's lead-based paint program. The problem with the new rule is that there are not enough certified contractors in place to work on homes built before 1978. Discussions centered on ways to make this onerous rule better work for the industry by expediting the certification process so that more remodelers will be available to do retrofit work on older homes and projects will not languish because of a dearth of certified workers.

 EPA has accredited an online training program produced by the Oregon BIA to get more workers certified in a timely manner. In addition, EPA has issued a joint enforcement memorandum of understanding stating that any firm that has submitted paperwork to the EPA by April 22 can continue to do work on homes.

 However, in a blow to the industry, the EPA has apparently moved to revoke the "opt-out" provision. As the rule was originally proposed, owners of homes built before 1978 could sign an "opt-out" waiver allowing work on their house if no children under age of six live in the home, no one in the home is pregnant, and the home is not used for day care. We have confirmed that EPA has moved to eliminate the opt-out provision, but as of this time we have not received a final official notification from the agency. In more bad news, EPA intends to propose a rule to require dust wipe testing as well as request comment on a number of related options. NAHB is now assessing strategy on how best to proceed regarding the elimination of the opt-out rule and will aggressively work with other industry allies to oppose the new dust wipe testing proposal.

NAHB on April 19 issued a press release noting the upcoming 40th anniversary of Earth Day, stating this is the perfect time to remind home owners that they can use fewer resources and save money by taking advantage of federal energy efficiency tax credits through the end of the year. Home owners who purchase qualifying water heaters, windows, air conditioning units and other appliances, insulation and roofing can be eligible for tax code section 25C tax credit, equivalent to 30 percent of the cost. There's a $1,500 overall limit for purchases made in 2009 and 2010.