Senate Bill S.2148 Would Allow ‘Opt Out’ from Lead Paint Law

Bill S.2148 would allow integrators to ask clients to voluntarily 'opt out' of lead paint mitigation procedures in pre-1978 homes. Only homeowners with no children under 6 years old or without pregnant women to bypass the rule.

By Jason Knott
March 02, 2012
The hubbub over the EPA's lead paint mitigation law seems to never die down. The latest twist is a bill introduced in the U.S. Senate yesterday by Oklahoma Sen. James Inhofe that would allow integrators and other home remodeling contractors to ask clients to forgo following the disposal procedures in the law.

The bill specifically allows only homeowners with no children under 6 years old or without pregnant women to bypass the rule. There was a similar provision in the original EPA's Lead Renovation, Repair and Painting rule that would fine integrators up to $37,500 per employee, per day if they did not follow the information and mitigation procedures. The EPA recently softened those fines to just $5,000 in certain states.

The National Association of Home Builders (NAHB) has been fighting in court against the law and argued at the U.S. Circuit Court of Appeals for the District of Columbia last fall. No decision has been rendered. CEDIA has been a strong advocate in pushing dealers to get certified.

The co-sponsors of the bill are Senators Charles Grassley (R-Iowa), David Vitter (R-La.), Michael Enzi (R-Wyo.), Tom Coburn (R-Okla.) and Roy Blunt (R-Mo.). The bill is in the Senate's Committee on Environment and Public Works.


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