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Rehberg Urges EPA To Give Montana Contractors Enough Time To Comply to New Lead Rules

WASHINGTON, D.C. - Montana's Congressman, Denny Rehberg, led a bipartisan group of House Members today in sending a letter to the Office of Management and Budget (OMB) asking for a delay in the implementation deadline for the new Lead: Renovation, Repair and Painting rule to allow time for more trainers to be accredited and for more professionals to be trained.

Montana's contractors are critical to our state and the current economic environment has hit them particularly hard," said Rehberg.  "While renovation work is the only thing keeping many of these contractors afloat, it's the height of bureaucratic bungling that a new EPA training requirement would put those jobs at serious risk.  It's fine to demand new training, but not if there aren't enough teachers to provide that training."

OMB Administrator Cass Sunstein is currently reviewing the EPA's Lead: Renovation, Repair and Painting (LRRP) rule. According to the rule, all home renovation professionals must have received Lead Safe Work Practices training by an EPA accredited trainer by the April 22, 2010 implementation deadline.  Contractors, electricians, plumbers - anybody that works on homes built before 1978 - are all affected by this rule. Unfortunately, Montana currently has only one accredited trainer, located in Bozeman, hundreds of miles away from many of our more rural home renovation professionals.  Literally thousands of workers will not have had the opportunity to be trained by the April deadline because they are simply too far away and there are not enough accredited trainers to meet demand.

Rehberg's letter does not ask for any change in the rule itself, simply for a delay in the rule's implementation deadline to allow time for more trainers to be accredited and for more professionals to be trained.

"The new EPA lead paint rule is a classic example of Government seriously obstructing small businesses," said Dustin Stewart, the Executive Director of the Montana Building Industry Association.  "It completely changes the rules for over 300,000 homes and thousands of small businesses in Montana.  Fortunately, Congressman Rehberg is willing to stand up for small businesses and homeowners. Perhaps now the EPA will listen to reason and at least provide Montanans an opportunity to comply with the law."
 
The Letter is below:
 
Dear Administrator Sunstein:
 
We are writing to express our concern regarding the implementation of the U.S. Environmental Protection Agency's (EPA) Lead: Renovation, Repair and Painting (LRRP) rule that is currently under review by the Office of Information and Regulatory Affairs (OIRA). 
 
As you know, the April 22, 2010 implementation deadline of this ruling is quickly approaching, and we are concerned the EPA has not taken the steps necessary to certify the appropriate number of professionals needed to meet its compliance standards.  Of even more concern to us is the lack of opportunity home renovation professionals in more rural areas have had to receive the training the EPA Lead rule demands. 
 
As you are aware, on April 22, 2010, any renovation work that disturbs more than six square feet on the interior of a home constructed before 1978 must follow new Lead Safe Work Practices that are supervised by an EPA certified renovator and performed by an EPA certified renovation firm.  Home renovation professionals must receive the Lead Safe Work Practices training from an EPA accredited trainer. Currently, several states do not have any EPA accredited trainers and many states have only a handful of professionals who are based in metropolitan areas.  This leaves professionals who reside in states without any EPA accredited trainers and professionals in rural areas at a severe disadvantage, as many would have to travel to the next state or hundreds of miles to reach a training session.  With only a few short weeks to go before the Lead rule is implemented, literally thousands of professionals in our states will not have had the opportunity to be certified.
 
During a time when Congress has placed an importance on incentivizing weatherization and energy efficiency upgrades in older homes, we are concerned that there will be a lack of certified individuals and companies to carry out the work that is needed to bring those homes up-to-date.  Construction and renovation professionals, the majority of whom own or are employed by small businesses, are doing their best to comply with the EPA's ruling but more time is needed to accredit more EPA trainers and to implement additional training sessions throughout the country.  We respectfully ask that OIRA propose a delay of the Lead: Renovation, Repair and Painting rule in any considerations it may send to EPA Administrator Lisa Jackson. Thank you for your consideration of this important matter, and we look forward to working with you.