WDDA Appeals to GAO Regarding EPA Test Rules

August 13, 2010

The Window & Door Dealers Alliance has submitted a multi-page letter to the U.S. Government's General Accounting Office, citing a possible administrative error by the Environmental Protection Agency in its efforts to impose lead clearance and testing rules on window and door dealers.

After implementing the the Lead Renovation, Repair and Painting rule in April, EPA proposed an amendment to the rule. Under the proposal, any EPA certified dust samplers, risk assessors, and lead inspectors must collect lead based paint dust samples and prepare clearance testing reports, similar to reports performed by lead based paint abatement firms. WDDA submitted its comments on the rule change directly to EPA at the end of June. Other industry groups, including the Window & Door Manufacturers Association, submitted comments regarding the additional test requirements to EPA as well.

In its appeal to GAO, WDDA contands that "the rule is being proposed without the proper studies and that the EPA has not conducted a study specifically regarding the proposed rule," explains David Walker, WDDA vice president.

"The WDDA believes this is a critical administrative error," he adds, noting that GAO "could force the EPA to stand down until they address this complaint and demonstrate that a timely and relevant study has been performed."

"The WDDA's efforts are a testament to the fight we have been waging against the EPA's lead renovation, repair, and painting rules. We remain hopeful that by administrative ruling, congressional vote, or legal action, our industry will prevail," says Jim Lett, president and CEO of ABE Windows and Doors and member of the WDDA advisory committee.