EPA Considers Reforming RRP Rules

If ever there was evidence of the need to be vigilant on a policy issue, this is it: The EPA has placed review of the RRP issue on the fast track.

As part of a White House initiative to review and curb burdensome regulations throughout the federal government, the Environmental Protection Agency says its Lead Renovation, Repair and Painting Program is slated for "early action."  The lead-paint rules are under a "priority regulatory review" intended to yield a "specific step toward modifying, streamlining, expanding, or repealing a regulation or related program," according to EPA's preliminary regulatory reform plan. Continue reading the Window & Door article.

Ever since the EPA introduced the RRP rules, the WDDA has worked to change direction.  The WDDA participated with other industry representatives in an EPA conference call in April to give input on the rules and review process. Just last week WDDA members met with Administration staff to outline industry views on the lead clearance testing rule.

These actions, coupled with your letter writing and phone campaigns, are moving the meter our way. While it it is too early to claim any victory, we want you to be aware of this important development.

Thank you for your support. Please visit www.wddalliance.org for more information. 

David Walker
WDDA NGA

WDDA Policy Survey: We need Your Help!

The Window & Door Dealers Alliance has secured a meeting on Tuesday, May 17, with the Office of Information and Regulatory Affairs to discuss the Lead Clearance Testing Requirements for the Renovation, Repair, and Painting  rule scheduled to take effect this summer.  WDDA representatives will be asking regulators to stop implementation on the proposed rule.

The WDDA believes this rule would be extremely onerous to the window and door dealer industry and would not deliver the protections it claims. In order to present a convincing argument, we need your help. Please take a moment to take our four question survey. Your input will help us argue our case before the regulators.

Visit our web site for more information: www.wddalliance.org/policy.html. Thank you for supporting the work of the WDDA as we fight to protect your business.

David Walker
VP Association Services WDDA NGA

Create Demand For Energy Efficient Windows: Home Score Survey Insights

Market research is like reading a great mystery book you can’t put it down.  That’s because behind the headlines and the carefully chosen words lies the transcripts and data.  That information holds the keys to the direction of the marketplace. Thus was my recent experience while researching the Department of Energy’s (DOE) pilot program, Home Energy Score (HES).   Of immediate interest is the customer research that uncovers real opportunities for window and door dealers, installers and manufacturers to create demand.

According to homeowners’ surveyed, the number one reason they gave for making improvements, by a wide margin, was to save money.  If it could be shown that they save money by replacing old windows, doors and other home building products that would make the decision for them. And by the way, your word on that won’t be enough, according to the survey, they mistrust information coming from a sales person, contractor, or manufacturer.

When asked what would motivate them to make the investment in saving money, they want the following evidence:

• Clear easy to follow information about the cost benefits.
• Testimonials and recommendations from friends, family and associates.
• Information from trusted professionals, 3rd party, utility or government source.

They did not want to finance their home improvements in this depressed housing market because of the difficulty getting home equity loans.

Put these clues together, 1) save money, 2) clear easy and trusted information, and 3) simple and affordable financing and you can create demand for energy efficient windows.

• Create marketing materials and selling guides that include statistical data and information from trusted sources.
• Create a “home improvement bundle” to be installed by your contractors.
• Pre-arrange short-term bank financing.
• Include the cost of a 3rd party auditor in the financing package to assure the work was done properly.

Anyone who owns a home is keenly aware of the rising costs of utilities.  Couple that with the reality that they may be living in their home much longer due to the slow housing market.  It’s the perfect time to sell energy efficient replacement windows and doors.  Create a marketing message about your “home improvement bundles”, give your salespeople energy savings data, arrange financing and create some spring sales. For more information about The Home Energy Score Program is available at www.wddalliance.org or www1.eere.energy.gov/buildings/homeenergyscore/. The survey, Motivations For Home Energy Improvements, can be found in the links.

Sharon Aby
Beyond Ideas

WDDA and Home Energy Score

Members of the Window & Door Dealers Alliance met with officials from the Department of Energy (DOE) last week.  In the meeting we sought clarification and gave input on the DOE’s Home Energy Score program set for launch this Fall.

By providing homeowners with a home energy efficiency rating, the program is designed to encourage energy efficient upgrades. That’s something our industry can support, but the WDDA and WDDA members wants to better understand the project and offer input.

A report of that meeting can be found at Window & Door: www.windowanddoor.com/news-item/government/wdda-meets-doe-home-energy-scores.

Thank you for your support. Please visit www.wddalliance.org for more information.

David Walker
Vice President
WDDA NGA

EPA's Lead Safe Practices Rule – Round 2

Brace yourself. The feds aren't through with you just yet. The EPA is set to announce in a few short months a new slate of rules associated with the lead safe practices regulations that took effect last July.

The proposed rules would require dust-wipe testing for lead dust generated by renovations covered under the EPA's Renovation, Repair and Painting Program (RRP) rules implemented in 2010.  With a few exceptions, the rule requires that the test results be furnished to residential building owners. For certain jobs that involve demolition, destruction or use of high-speed equipment such as power sanders, the regulation requires the renovator to demonstrate through dust-wipe testing that dust-lead residues are below the levels permitted by regulation. The proposed rule covers most pre-1978 housing and "child-occupied facilities," such as schools and daycare centers.

So, what does this mean to you?  Quite a bit, actually.  Here are a few of the many ramifications for our industry:

1. EPA’s clearance testing rule makes the contractor (a.k.a., window and door dealer) responsible for cleaning pre-existing lead hazards in the home, blurring the lines between dealers and LBP abatement firms;
2. Window and door dealers may be subjected to a variety of state and local regulatory mandates arising from the EPA's granting of enforcement authority to government bodies at those levels; and,
3. You may be subject to certain new liability issues once you, as the contractor, inform a homeowner/tenant of a lead hazard remaining in the building following a renovation.

As usual, the EPA's new rules, while well-intentioned, add another onerous burden on the backs of window and door dealers.  As a result, the Window & Door Dealers Alliance and National Glass Association are actively pursuing changes to the rule. The WDDA submitted comments on behalf of thousands of dealers in August 2010 and we intend to meet at the White House with key staff from the Office of Information and Regulatory Affairs soon.

We face a daunting challenge, but we remain vigilant in our fight to bring reason to these policies. Be sure to visit www.wddalliance.org and www.glass.org for more information and to learn how you can join our efforts.

More details can also be found at the EPA website or by contacting the EPA at National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;  (202) 564-0484; (Federal Register: July 7, 2010 [Proposed Rules], Page 38959).

EPA Seeking Dealer Comments by March 28, 2011

The EPA published an information collection request for the costs and burdens to firms engaged in Lead-Based Paint Activities and Renovation, Repair, and Painting.  This is an opportunity for the window and door dealer community to comment on the EPA’s estimates for certification and record keeping. Comments must be received on or before March 28, 2011. 

Publicly available docket materials are available electronically at www.regulations.gov.

Now that the window and door industry has worked to comply with the rule, comments from the companies stating the costs and burdens associated with the rule could have an impact -  particularly considering the President’s executive order affirming cost/benefit analysis and the agency requirement to choose the least burdensome option. 

Please share your comments and cost examples with the WDDA and NGA.  If you  have any questions, please contact me at dwalker@wddalliance.org or 703/442-4890 ext 153.

David Walker

Tax Credit FAQ

As you know, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 into law.  That law contained changes to the energy efficiency upgrade tax credit, including windows, skylights and exterior doors.

The Window & Door Dealer Alliance developed a FAQ based on information available as of December 23, 2010.

Please view the FAQ and share it with others in the industry: www.wddalliance.org/pdf/WDDA%20tax%20credit%20December%2020%202010.pdf

If you have any questions, please contact me.

Thanks for your support. 

David Walker
dwalker@glass.org or dwalker@wddalliance.org

RRP stakeholders Meeting hosted by EPA region IV

The WDDA would like to bring your attention to a Lead Paint Repair and Renovation (RRP) stakeholders meeting being hosted by EPA region IV and Florida Department  of Health on January 11th.  This meeting is to discuss Florida taking over authority for the RRP and abatement rules.  The EPA's meeting information is listed below.

Please join the
U.S. Environmental Protection Agency
for a Florida Stakeholder Feedback Session on the

Lead Renovation, Repair and Painting Rule

Tuesday January 11th
from 1-4pm at the

Betty Easley Conference Center
(room 180)

Located at 4075 Esplanade Way
Tallahassee, FL  32399

For directions and information please call Ms. Liz Wilde at (404) 562-8998,
or Ms. Laura Gestaut at (850) 245-4444 X 2819

Industry Related Tax Credits included in Baucus bill

The WDDA has been extremely active and vocal in seeking an extension of the residential energy efficiency tax credits.  We just received notice that some of what we've been pushing for has been incorporated into a tax bill proposed by Sen. Max Baucus (D-MT), chairman of the Senate Finance Committee.

While much work remains to be done, this is a positive step in the right direction.  Now it's incumbent upon us to let our elected officials know how important it is for the extension to remain in the final package.  This is an critical one-year tax credit extension that will create and preserve jobs, offer prudent consumer incentives for environmentally sustainable purchases (which will reduce our dependence on foreign oil) and help the economic rebound.

The biggest challenge remains in the U.S. House, where all tax credits are getting heavy scrutiny.

Leaders of the WDDA met with the offices of fellow Finance Committee members Sens. Bingaman and Snowe last month, during which we pushed for higher credits (from $200 to $1,500), with Energy Star products as the primary focus.  It appears that they listened, and they have included what they believe is affordable and/or politically viable.

Sen. Baucus' announcement is available here: http://finance.senate.gov/newsroom/chairman/release/?id=a0c2f257-e293-4d75-bfb6-628ce43f36f3 

Again, please let your members of Congress know you support this important tax credit. It's good for our industry, our employees and our country.

David Walker
dwalker@wddalliance.org

Make your Voice Heard on Tax Credits

The 2010 election is now behind us. Now that we've all had the opportunity to vote for representation, we need to make sure that we continue to be aware of issues that will impact the glass and window and door industries.

It's easy to only pay attention to politics in November.  After we vote we move on with our lives and forget that decisions are being made every day - decisions on issues such as lead paint and tax credits. The NGA and WDDA are continuing to work on behalf of the industry, but we need your help to be successful.

Last week WDDA leadership met with members of Sens. Bingaman (D-N.M.) and Snowe's (R-Maine) staff to discuss the inclusion of homeowner tax credits in the upcoming tax bill.  You can read about the WDDA meeting at Window & Door: WDDA Pushes for Tax Credit Extension.

The WDDA needs the support of the industry to make a difference on this issue.  As of 2:00 this afternoon, 74% of you were reporting that the expiration of energy efficient tax credits could translate into layoffs at your company.  Whether or not your company would be one of those facing layoffs, you need to make your voice heard.

Read the WDDA's call to action and email or mail a a letter to the Ways & Means Committee members who are  shaping the bill.  Let them know how this legislation will impact your business.

Alyssa Kirkman

Sr. Manager, Association Services

Training for "Dirty" Jobs

Some of you may be familiar with Mike Rowe - the host of Dirty Jobs on the Discovery Channel. On the show, Rowe takes up a job and highlights the people that perform it. Over the course of about 200 episodes, Rowe has been a garbage collector, pig farmer, Rose Parade float dismantler, skull cleaner, and a glass maker for the Fenton Art Glass Company (it doesn’t look like Rowe has done any glass installation, but maybe we can talk him into it at some point).

Last week, Rowe was on Capitol Hill to testify as part of the the Association of Equipment Manufacturers' I Make America campaign. Rowe mentioned something I’ve talked about on this blog: the need for more and better vocational education in the United States. Rowe testified that although he doesn’t expect the country to become dominated by manufacturing again, he thinks it is unfortunate that those types of jobs are now something employees settle for, rather than take pride in. According to Rowe, one of the reasons is the decline of vocational education: "It's not happening because people hate community colleges, it's not happening because people hate the trades, it's happening because we're promoting a very specific kind of education at the expense of the others."

Vocational education in the United States has a key role to play in the economic recovery. The NGA has contributed to vocational education by partnering with Ed2Go, a company that helps four-year colleges and trade schools offer skills training to students. Through this partnership, the NGA and WDDA now offer online training and an industry internship. This new program was announced just a few weeks ago and we expect many students to take advantage of this program over the coming months.

If you’re an NGA or WDDA member, you could work with a local school to boost this partnership and education in your community. If that’s something you’re interested in, or if you would like to assist with the NGA or WDDA's internships, let us know.

Rowe is right: we need to work together to make sure these “dirty” jobs get the respect they deserve.

Matt Rumbaugh
Sr. Manager of Education, Training, and Certification
National Glass Association, Window & Door Dealers Alliance

September 30 (TODAY) is the deadline to enroll in RRP training!

The EPA’s Lead Renovation, Repair, and Painting (RRP) rule went into effect on April 22, 2010. The Frequent Questions on EPA’s June 18, 2010 Implementation Guidance for the Renovation, Repair and Painting Rule explained that renovators had additional time to obtain the necessary training and certifications to comply with the RRP rule.  

Today, September 30, 2010, is the deadline to enroll in an EPA approved certified renovator training program. The certified renovator class must train contractors in practices necessary for compliance with the final rules. All training must be completed by December 31, 2010.

The EPA will not take enforcement action for violations of the RRP rule’s firm certification requirement until October 1, 2010.  The EPA will not enforce violations of the RRP rule's renovation worker certification requirement against individual renovation workers if the person has enrolled in a course by September 30, 2010.

Renovators who have not completed the training requirements should review the EPA’s  training materials. Additional information on lead-safe work practices can be found on the EPA's site or obtained from the National Lead Information Center at 1-800-424-LEAD (5323).

Home Star and the Industry

The WDDA and NGA have several concerns with Home Star Retrofit Rebate Program now before the Senate, including its potential to discriminate against small businesses, limit consumer choices, and, ultimately dilute the job-creation and energy-efficiency goals it seeks to address. The NGA and WDDA's positions include the following:

• A provision in the proposed program will force contractors to give homeowners a discount and wait for reimbursement. At a time when small businesses are struggling with cash flow, smaller contractors will be able to carry a limited number of project rebates, if any.  Larger companies with stronger financial footing will hold a competitive advantage.
• The WDDA and NGA support the House passed version of the Home Star legislation which required rebates to be sent directly to the homeowner. A homeowner rebate would allow for better job creation while still granting the homeowners a substantial incentive for higher efficiency improvements.
• The WDDA and NGA are also concerned that qualified contractors and those who are accredited by the Building Performance Institute may offer homeowners the more valuable Gold Star rebates. The accreditation requirement has the potential to limit the choices of those who want to take advantage of the Gold Star rebates. Twenty-seven states do not currently have any contractors who could offer the Gold Star rebates.

Please contact your Senators to reinforce the concerns addressed above, in the WDDA letter, and any other concerns you may have.  Be sure to voice your support for the Home Star program's basic intent and state the NGA's solution:  use the rebate language contained in the companion House bill (H.R. 5019) and remove the BPI provision.

You can either look up your senator's contact information or call the main switchboard number 202-224-3121 and ask for your Senator.

David Walker
VP Window & Door Dealers Alliance
VP National Glass Association

Policy Updates - What do you think should be addressed?

In the past couple of weeks, both the NGA and WDDA (in addition to other industry groups) have submitted comments to the EPA. A brief update:

• The NGA submitted comments to the EPA on behalf of its commercial glazing members. NGA members responded to the NGA’s letter writing campaign in force, and the NGA submitted an industry response, along with letters from member companies, to EPA headquarters. The campaign, and comments to the EPA, was in response to the EPA's April 23 release that included a proposed action that would, if adopted, directly impact the commercial glazing industry.
  
  The NGA recommended either the elimination of the proposal or that the EPA work with the industry to ensure that the rules impacting the glazing industry have the appropriate standards. The NGA and its commercial glazing members asked the EPA to allow the glazing industry some much-needed breathing room to ensure that the increased regulatory burden does not negatively impact an industry already struggling with the downfall in commercial construction.
  
  
• A delegation from the WDDA visited EPA headquarters to deliver the organization's official response to the EPA's request for comments on proposed lead clearance testing rules under its Renovation, Repair and Paint program. The WDDA group also brought nearly 200 letters gathered from dealers around the country discussing the impact of agency's lead paint rules on business to date.
  
  WDDA comments included data from the recent WDDA survey. Respondent's feedback was overwhelmingly adverse about the new rules, ranging from substantial increases in both hard and soft costs on each job (over and above EPA’s own estimate of a $250 incremental increase), to anecdotal accounts of lost business and other serious repercussions from the rule. The WDDA urged EPA officials to read the letters from window and door dealers, expressing concern about the broad application and lack of flexibility of the RRP rules, and the "unintended consequences that are costing jobs, harming our industry and, by extension, hurting the nation’s economic recovery."

These are just 2 issues the NGA and WDDA are watching and actively campaigning against. Do you have a legislative issue you think should be addressed? If so post here or email tipsntricks@glass.org.

Lead Paint and Commercial Buildings

On April 23, 2010, the U.S. Environmental Protection Agency announced that renovations and repairs of pre-1978 residential housing must now be conducted using safe practices to protect children and pregnant women from exposure to lead-based paint. The Lead Renovation, Repair and Painting (LRRP) Rules is having adverse effects on the residential renovation, by raising both the hard and soft costs associated with each contracted job.

The EPA's April 23 release included an additional proposed action that will, if adopted, directly impact the commercial glazing industry:

An advance notice of proposed rulemaking to announce EPA’s intention to apply lead-safe work practices to renovations on public and commercial buildings. The advance notice also announces EPA’s investigation into lead-based paint hazards that may be created by renovations on the interior of these public and commercial buildings. If EPA determines that lead-based paint hazards are created by interior renovations, EPA will propose regulations to address the hazards.

This is a very important issue that we, as an association, must address in a unified fashion. We have until July 6 to forward our comments about this proposed action to the EPA, and we need you to get involved. Toward that end, we would like to offer you this draft letter so you can craft your own communication with the EPA.

If you would like your letter to be included in the NGA's submission to the EPA, please submit it by June 23, 2010. You can email your letter to akirkman@glass.org or mail it to Alyssa Kirkman, National Glass Association, 8200 Greensboro Drive, Ste 302, McLean, VA 22102.

Call to Action on EPA's latest proposal for Window & Door Dealers

The EPA is proposing to add "lead paint clearance testing requirements" to its new lead paint regulations imposed on April 22. I'm writing independent window and door dealers across the country to alert you to the EPA's latest intrusion into your business and to encourage you to join with us in opposition.

This is a very important issue that we, as an alliance, must address in a unified fashion. We have until July 6 to forward our comments to the EPA. We urge you to get involved. Toward that end, we would like to offer you more information:

1. Statement of Principles -- This expresses the concerns of members of the Window & Door Dealers Alliance and the industry.
2. Survey -- Respond to this survey so that you can add your opinions to those in the Statement of Principles.
3. Draft Letter to EPA -- Use this letter to craft your own communication with the EPA. Make sure to use anecdotal information from your business and print it on your letterhead.

Once you have reviewed the information, send a copy of your letter to the WDDA, so that we can hand deliver it -- along with a letter from the WDDA -- to the EPA. If you would like your letter to be included, please submit it by June 21, 2010. You can email your letter to dwalker@wddalliance.org or mail it to David Walker, Window & Door Dealers Alliance, 8200 Greensboro Drive, Ste 302, McLean, VA 22102.

I hope you'll take the time to follow-through on these important actions, as they will have an crucial impact on your business for many years to come. If you have any questions, please feel free to email or call me at 703.442.4890, ext. 153. We will continue to keep you apprised of the WDDA's progress, and other united efforts, via email and through the WDWeekly e-newsletter.

David Walker
Vice President of Association Services
Window & Door Dealers Alliance and National Glass Association

EPA Lead Paint Rules: Are you Ready?

This is a letter WDDA Advisory Committee member David Steele wrote to Rebecca Morley, executive director of the nonprofit National Center for Healthy Housing, in response to her quote in a recent Washington Post Article. The article, EPA rules on lead paint in home renovations will soon take effect, is by Deborah K. Dietsch.

Dear Ms. Morley,

Your comments recently printed in the Washington Post are hard to swallow. You were quoted as saying “contractors have had "plenty of warning" about the new rules”. As a small business owner, a former social worker and participant in the first Earth day I have been an advocate for conservation and a safe environment since the mid 1960’s. I’ll compare my commitment to healthy housing to anyone. What I find hard to take is the arrogance of advocates and regulators who assert opinions as if they are absolute and superior to all others. Do you think I and my peers knew by some sort of telepathy that these regulations had been passed and recorded in the Federal register? I am better informed than most of my peers and yet I knew nothing – not one hint of these new regulations until January of this year.

Only recently has the industry begun to hear of these regulations. If a grass roots effort were not active most contractors would still know nothing of this issue. Are you so callous to the well being of the millions of men and women who make a living in the remodeling industry that you are unable to admit that the EPA has horribly mismanaged this issue? Making a splash on Earth day is hardly worth the price that will paid if those of us in compliance are denied work because we’re underbid by un-certified firms, if a large percentage of these jobs are tackled by unqualified homeowners or remodelers willing to operate below the radar. More children will be exposed, not less.

EPA has grossly underestimated, in the sloppiest fashion imaginable, the cost of compliance. The estimated additional cost of $8.00 to $167.00 per job is laughable. Angela Hoffman wrote me, after promising to send me the financial analysis EPA performed, that the EPA used a “straight line mathematical formula” to arrive at the estimate of $35.00 per job (this admission occurred after she asserted in a meeting we held at OMB that “the EPA never estimated $35 per job, that the $35.00 figure was in only one misconstrued press release”). Does anyone, anyone at all understand what a “straight line mathematical formula looks like? New math was bad enough. In the parallel universe that is Washington DC this might pass for a plausible explanation ; out here in the sticks we expect more. Pray tell, what job could ever incur just $8.00 in additional cost?

I am eager to do what is right for my customers, my employees and my community I am in favor of reasonable and effective efforts to protect anyone at risk of lead poisoning. What I am against is regulation that is unclear, difficult to implement, an open invitation for ruinous litigation and the demonization of the hard working men and women who live by the sweat of their brows and the work of their hands. Despite your confident and misguided belief to the contrary there has not been sufficient time to prepare. EPA has had sufficient time. After all they have been driving this truck. The EPA’s performance, the abysmally inadequate job they’ve done is plain for all to see. Your assertion that they will have 150,000 trained by April 22, 2010 is an absurd and patently false claim designed to cover up their pitiful performance. Sadly in this age they are unaccountable. You may feel that a $37,500 per day/per occurrence fine is just, I don’t. However, I’m willing to risk all the liability this regulation exposes me to, if the EPA staff and their enablers are subject to the same fine for their failings. What do you say Rebecca? How about a little accountability in DC?

Dave Steele
The Window Gallery

Is Your Business Being Represented?

Every day when I look at the news, I see reports on how the economic recovery is progressing. One day, unemployment is down, and the next the housing market is continuing to suffer. With all of this unhappy news, it's hard to focus on the present and the future of the glass and window and door industries.


Last week on glassblog, Katy Devlin wrote about collectively facing the dangers out there. Devlin is right - the industry does need to band together to fight issues like the EPA lead paint rules and ASHRAE 90.1.


As an industry, we need to work to make sure our voices are heard as new standards and regulations are made, and right now, industry associations are making sure they are. Both the NGA and WDDA have letter writing campaigns for the EPA Lead Paint Rules, and the WDDA just had a meeting in Washington to discuss the rules with officials. The NGA is also involved in the ASHRAE 90.1 appeal.


Is there an issue your business is concerned about? If so, contact the NGA and/or WDDA and make sure you are being represented.

Alyssa Kirkman
Sr. Manager