NAHB submitted additional comments to the U.S. Environmental Protection Agency about a proposal to add dust sampling and, in some cases, meet lead dust clearance levels on remodeling jobs to meet the requirements of the Lead: Renovation, Repair and Painting regulation.

Read NAHB's summary of the EPA's dust sampling and clearance testing proposed rule change.

The association had submitted a comment letter on the original due date in July. The comments argue that the EPA is turning remodelers into abatement contractors by proposing to require they conduct lead dust sampling and, on some activities, meet lead dust clearance levels. NAHB contends that the EPA is over reaching its mandate and the changes would greatly increase the costs of remodeling jobs in pre-1978 homes.

On July 2, the EPA extended the comment period and so NAHB submitted additional comments and information about increased costs for window replacements and the economic impacts on Aug. 6. In these supplemental comments, NAHB addresses the expected economic impact of EPA’s July 22 announcement that inexpensive and reliable lead test kits will not be available as planned on Sept. 1, which raises the cost of remodeling in pre-1978 homes. Using the current test kit results in a “false positive” result about 68 percent of the time, which means that consumers would pay for the increased costs of remodeling using lead-safe work practices in homes where lead is actually not present.

NAHB also attached an economic analysis of the increased costs of the lead rule on window replacements. Under the assumption that these costs are not limited to homes with lead-based paint but, due to the lack of a reliable pre-renovation test, apply to qualifying professionally installed window replacements in all pre-1978 homes, the impacts include:

• A reduction of $1.9 billion spent on window replacements performed by professional contractors;
• A reduction of $1.0 billion in wages and salaries earned across all industries;
• 21,226 fewer jobs; and
• A reduction of $579 million in revenue for federal, state, and local governments.

In its Aug. 6 comments, besides pointing out the increased cost for window replacement, NAHB clarified and expanded its earlier comments on dust-wipe sampling procedures, the physical condition of tested surfaces and the agency’s proposal to allow certified renovators to collect paint chip samples prior to remodeling. For more detail, read NAHB's comments on the lead clearance testing proposal.

For more information about this item, email Kelly Mack or call 800-368-5242 x8451.