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March 19, 2010

Lisa Jackson   
Administrator
Environmental Protection Agency

Dear Administrator Jackson:   

    I am requesting that you to delay the implementation of your agency’s Lead Renovation, Repair and Painting final rule, RRP (40 CFR Part 745).  I represent the largest manufacturing district in Ohio and the 20th largest in Congress.  I support the efforts to ensure the safety of families and workers who are renovating, repairing, or painting in pre-1978 homes and that they be conducted in accordance with the EPA’s RRP requirements.  I have heard from many businesses, home builders, and contractors throughout my district and all of them have concerns about the implementation of this program on April 22, 2010.  As I have stated in prior letters to you, any decisions from any agency or government entity should come from legislation, extensive studies, public comment and review, and review by other federal agencies, and peer review by experts.  Both President Obama and yourself have stated in memorandums to department heads the need for transparency, scientific facts, and truths.  Further, no information should be skewed before any final decisions are rendered.  I believe this is accurate and must be conveyed throughout the government.

    Based on your compliance needs estimates, I do not feel that your agency is prepared to fully implement the RRP.  If this program is implemented now, the RRP could harmfully change an effort to have a nationally residential retrofit program.  As I understand, starting on April 22, 2010, renovation work that would agitate six square feet or more of the interior of a home built before 1978 will have to follow the new Lead Safe Work Practices (LSWP).  In addition, the work that is required under the rule must be supervised by a certified renovator from your agency and performed by a certified EPA renovation firm.

    According to the regulation set to be implemented, your agency will require in excess of 200,000 certified renovators; however, at this time the current certified number of renovators falls extremely short of that number.  It seems rather clear that your agency does not have a sufficient amount of certified renovators to comply with the RRP program.  If the EPA is going to move forward on working to improve energy efficiency and help to create a residential retrofit trade, we need to make certain that small business owners, contractors, and industry are able to comply with the RRP and not be hindered or put at a disadvantage.  This could negatively affect an industry that is struggling due to the economy and send them further into disrepair.  This rule would force individuals and businesses to pass along these significant costs of complying with the RRP to the home owners forcing yet additional costs from the government onto our hardworking families.

    Given the above concerns, I ask that you consider delaying the effective date of the RRP from April 22, 2010 until the concerns stated above are addressed.  I look forward to your earliest reply on this matter, as it is vital to America’s future and survival.  Please feel free to contact me, or Cory Toth, of my staff at (202) 225-6405 should you have any other questions.


                    Sincerely,

                   
                    Robert E. Latta
                    Member of Congress