EPA Delays Rule Targeting Lead Paint in Homes

Responding to political pressure, the U.S. Environmental Protection Agency (EPA) will push back enforcement of a new rule intended to protect homeowners and occupants from exposure to lead paint.

In a June 18 memo, EPA enforcement chief Cynthia Giles instructed EPA regional offices to wait until October to begin enforcing the rule, instead of April 22 as originally planned.

The rule requires contractors to be certified in lead-safe renovation practices and take special precautions when renovating homes built before 1978, the year lead paint was banned. Both businesses and individual workers must be certified.

Contractors, the construction industry, and their allies in Congress have been complaining that too few certifying bodies are available, making it difficult for contractors to receive training in compliance with the rule. EPA can fine those who are not in compliance.

Sen. James Inhofe (R-OK), no friend of the environment, has been leading the charge in opposition of the rule. He has been lobbying EPA and the White House Office of Information and Regulatory Affairs (OIRA) to delay the rule’s implementation. He applauded the delayed schedule outlined in Giles’ memo.

Public health advocates are not so happy. "Industry voices have apparently drowned out those of our nation's children who bear the long-term ramifications of lead exposure," Rebecca Morley, executive director of the National Center for Healthy Housing, told the Wall Street Journal.

According to Giles’ memo, “EPA issued the […] rule because a disturbing number of America’s children are still poisoned by lead-based paint in their homes – leading to learning and behavioral disorders.”

Under EPA’s new implementation schedule, businesses must be certified by Oct. 1. Workers must be enrolled in training classes by Sept. 30, and must finish training by the end of 2010. However, EPA will continue to enforce provisions of the rule that require contractors to take precautions such as the clean-up of construction dust at worksites.

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