NAHB Lawsuit Against EPA

WASHINGTON – April 4, 2011 -- NAHB has filed an opening brief explaining why it is suing the Environmental Protection Agency for eliminating a provision in its lead rule that allowed home owners to opt out of some of the rule’s renovation requirements.

When it was first issued by the EPA in 2008, the Lead: Renovation, Repair & Painting Program (RRP) rule included an opt-out provision that allowed owner-occupant home owners without children under age six or pregnant women living in the home to authorize their contractor to forego adherence to some aspects of the rule.

“The opt-out provision was a common-sense means to minimize the burden on home owners and support housing affordability while still being protective of young children and pregnant women,” said Bob Peterson, chairman of NAHB Remodelers and a remodeler from Fort Collins, Colo.

“But after EPA entered into a legal settlement with public interest groups,” Peterson said, “it abruptly changed course and removed the opt-out provision, despite a lack of any new data or information to support the about-face.”