EPA FIENS 16 FIRMS FOR LEAD PAINT RULE VIOLATIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Fines 16 Firms for Violations of the Lead Renovation, Repair and Painting Rule

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced 16 enforcement actions for violations of the lead-based paint Renovation, Repair and Painting Rule (RRP). A priority for EPA’s enforcement program is to protect children, and others, from exposure to lead dust that can cause lead poisoning by ensuring that renovators follow the RRP and other lead rules. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

"At least 4 million households with children have lead paint, and over a half million children have elevated levels of lead in their blood. But lead exposure is preventable when you know what to look for and what to do," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "These settlements serve as an important reminder of the importance of using lead-safe practices to protect the health of our children and prevent lead poisoning."

The RRP rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows are done in ways that minimize dangerous lead dust. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

The enforcement actions listed below address many serious RRP Rule violations that could result in harm to human health. These actions include cases where the respondent failed to follow lead-safe work practices. Lead-safe work practices are critical to reducing exposure to lead-based paint hazards and, thereby, avoiding potential lead poisoning. In at least five actions, children lived at the property; thus, the respondent directly put children at risk of exposure to lead-based paint hazards. Also, in several cases, respondents failed to obtain firm certification prior to performing or offering to perform renovation activities on pre-1978 homes. The RRP Rule’s certification requirements ensure that firms and renovators know the RRP Rule, and how to employ lead-safe work practices. Other alleged violations include the respondent’s failure to provide EPA's "Renovate Right" pamphlet to homeowners and occupants. The pamphlet is an important mechanism for helping homeowners and tenants understand the risks of lead-based paint hazards, and how best to minimize these risks to protect themselves and their families.

The 16 enforcement actions include 13 administrative settlements and 3 filed administrative complaints. The settlements advance EPA’s mission to protect human health because, under each settlement, the respondent was required to certify that it has come into compliance with the RRP Rule – and compliance results in greater protection for children and others in the future. EPA also assessed civil penalties. When formulating penalties, EPA must evaluate an entity’s ability to pay a penalty and to remain in business. Accordingly, the Agency assessed a total of $53,792 in civil penalties. In the 3 administrative complaints that EPA has filed, the Agency seeks civil penalties up to the statutory maximum of $37,500 per violation.

VIOLATORS OF EPA LEAD RENOVATION, REPAIR AND PAINTING RULE GET FINED

FROM EPA
EPA Fines Violators of the Lead Renovation, Repair and Painting Rule
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced three enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP) and other lead rules. The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors or individuals. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

“Exposure to lead can cause serious health problems and affects our most vulnerable population, our children,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to enforce lead rules we are protecting people’s health and ensuring that businesses that follow the rules have a level playing field.”

On March 21, 2012, Colin Wentworth, a rental property owner who was responsible for building operation and maintenance, agreed to pay $10,000 to resolve violations of the RRP rule. The complaint alleged that Mr. Wentworth’s workers violated the rule by improperly using power equipment to remove paint from the exterior surface of an 1850’s apartment building he owns in Rockland, Maine. The complaint also alleged that the workers had not received any training under the rule and that Mr. Wentworth had failed to apply for firm certification with the EPA. Because the lead dust had not been properly contained, residents were potentially exposed and the dust could have also contaminated the ground surrounding the apartment building. Two of the four units in the building were rented to recipients of U.S. Department of Housing and Urban Development Section 8 vouchers and there were at least four children under the age of 18, including one under the age of six, living in the units. The Maine Department of Environmental Protection and the Occupational Safety and Health Administration (OSHA) also responded to the alleged violations.

On March 20, 2012, Valiant Home Remodelers, a New Jersey window and siding company, agreed to pay $1,500 to resolve violations from failing to follow the RRP rule during a window and siding replacement project at a home in Edison, N.J. Valiant Home Remodelers failed to contain renovation dust, contain waste, and train workers on lead-safe work practices.

On February 21, 2012, Johnson Sash and Door, a home repair company located in Omaha, Neb., agreed to pay a $5,558 penalty for failing to provide the owners or occupants of housing built prior to 1978 with an EPA-approved lead hazard information pamphlet or to obtain a written acknowledgement prior to commencement of renovation activities at five homes. The complaint also alleged that Johnson failed to obtain initial certification prior to performing renovations at these residences.

As required by the law, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

These recent actions are part of EPA’s effort to ensure that contractors and individuals follow the RRP requirements and other lead rules to protect people’s health from exposure to lead. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.