Shortly after promulgating the RRP rule, the Opt-Out provision was challenged by a lawsuit. EPA decided to settle, and as part of it's settlement, EPA agreed to remove the Opt-Out provision. Citing the Federal Register,
After further consideration of the opt-out provision, the Agency believes it is in the best interest of the public to remove the provision. EPA believes that the opt-out provision is not suffciently protective for children under age 6 and pregnant women, because it does not provide protection from improperly performed renovations for visiting children and pregnant women; for children and pregnant women who move into a newly purchased house that was recently renovated under the opt-out provision; and for children and pregnant women who live adjacent to a home where the exterior is being renovated under the opt-out provision.
Also in these ammendments are changes to the record keeping and reporting requirements. The Certified Firm must make all records required per Section 745.86(c) and (d) available to the owner, occupant, tenants, or parents and gaurdians.
