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No reproduction of any type without expressed written permission.

Door & Window Manufacturer www.dwmmag.com
REGULATION
EPA Had a Busy Year
Enforcing Lead Paint Rules
T
he U.S. Environmental Protection
Agency (EPA) completed 127 fed
-
eral enforcement actions during
the past year related to lead paint,
mostly targeting contractors, land
-
lords and property managers. Most
were for violations of the controversial
Renovation, Repair and Painting (RRP)
Rule, which many in the door and
window industry say is preventing the
much-needed replacement of older,
inefficient windows because compli
-
ance expenses increase the cost of per-
forming renovations.
From October 2016 through
September 2017, EPA finalized 121 civil
settlements for alleged violations of the
three lead-based paint rules (the RRP
Rule, the Lead Disclosure Rule and the
Lead-based Paint Activities Rule for
abatements). It also filed three com
-
plaints for ongoing actions. Additionally,
EPA and the U.S. Department of Justice
(DOJ) prosecuted one criminal case
and finalized two Clean Air Act settle
-
ments. Collectively, the actions led to
$1,046,891 in penalties.
Seven alleged violators who reached
settlements agreed to fund communi
-
ty-based lead paint abatement proj-
ects, such as window replacements,
to eliminate risks. Those projects are
valued at $2,406,734.
One settlement involved alleged
RRP violations that were televised on
national TV.
From March 2014 to May 2016,
seven properties in Denver built before
1978 (and thus subject to the RRP rule)
were renovated for the HGTV show
Raise the Roof. Video from those epi
-
sodes was used in the EPAs investiga-
tion, which resulted in a civil penalty
of $30,000 for KGN Asset Management
LLC, KGN Asset Management Inc., and
Restoration Realty Inc.
The RRP rule requires any renova
-
tion work—and all door and window
replacements—that disturbs more
than six square feet of a pre-1978
homes interior to follow work practic
-
es to protect residents from exposure
to lead, which is especially dangerous
for young children. The work must
be supervised by an EPA-certified
renovator and performed by an EPA-
certified renovation firm.
Industry Fights RRP Rule
The Window and Door Manufacturers
Association (WDMA) and the American
Architectural Manufacturers Association
(AAMA) have been longtime critics of
the RRP rule. Both groups have pointed
out that there is a lack of an accurate
lead paint test kit.
For example, in a September 2016
letter to the EPA, WDMA noted that
false positive rates for lead paint test
kits currently range from 42 percent
to 78 percent.
Both groups also pointed that
removing the opt-out clause in 2010
for homes without a child under the
age of six or a pregnant woman more
than doubled the number of house
-
holds subject to the RRP rule.
And in an August 2016 letter to the
EPA, AAMA president and CEO Rich
Walker noted the expenses associated
with RRP compliance and the direct
effect that has on energy-efficiency
efforts.
“The estimated increased cost to
replace windows in a house deter
-
mined to have lead-based paint, using
the EPA LRRP, was $121.50 per win
-
dow in 2010,Walker wrote. “The 2016
number is $134.30. If one assumes a
typical house with 15 windows, then
that equates to $2,014.65 per house
job. This exceeds the EPAs initial esti
-
mated overall average cost of $35 per
house job by 5,656 percent!”
Walker then noted how those extra
compliance costs can deter home
-
owners from replacing older, poorly
performing windows.
“Requiring RRP practices in cases
where lead is not present continues to
be an unnecessary expense that may
deter fenestration product replace
-
ment which would otherwise improve
the energy efficiency of the building,
he wrote. “In order to support energy
efficiency improvement for the many
existing buildings with older, inferi
-
or or leaking windows, AAMA urges
the EPA to re-evaluate the econom
-
ic impacts that current lead testing
options are creating under the rule.
y
Energy & Environmental
News
16
By the Numbers
127
Total number of lead paint
enforcement actions
undertaken by the EPA from
September 2016 to October 2017.
121
Total number of civil settlements
the EPA reached for lead violations
during that time.
$1,046,891
Total amount of penalties
during that time for lead violations.
7
Number of alleged violators
who agreed to fund community-based
lead paint abatement projects.
$2,406,734
Total value of those projects.
Source: EPA

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© 2018 Copyright Key Media and Research All rights reserved. 
No reproduction of any type without expressed written permission.