The following press release was published by the US EPA on Oct. 28. It is reproduced in full below.
NEW YORK — As the U.S. Environmental Protection Agency (EPA) recognizes National Lead Poisoning Prevention Week this week, the Agency announced today it has completed over 100 federal enforcement actions from October 2020 through September 2021 to ensure that entities such as renovation contractors, landlords and realtors comply with rules that protect the public from exposure to lead from lead-based paint, including a significant criminal case on Long Island in New York.
Exposure to lead in dust, chips or debris from lead-based paint can pose serious risks to human health, particularly for young children. Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 presents one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead.
“The health threats that result from exposure to lead-based paint dust and chips are well documented, and can be particularly severe for children,” said Larry Starfield, EPA Assistant Administrator for Enforcement and Compliance Assurance. “This is why enforcement of lead-based paint regulations continues to be a priority for EPA and federal partners.”
Regulations under the federal Toxic Substances Control Act (TSCA) and the Residential Lead-Based Paint Hazard Reduction Act (LHRA) apply to most pre-1978 dwellings and child-occupied facilities such as pre-schools and child-care centers. TSCA’s Renovation, Repair and Painting Rule and Lead-based Paint Activities Rule require contractor certification and lead-safe work practices. LHRA’s Section 1018 Lead Disclosure Rule requires disclosure of information about lead-based paint before the sale or lease of most housing built before 1978. By ensuring compliance with federal lead-based paint requirements, EPA addresses a major source of lead exposure that occurs in communities across the nation.
Although the federal government banned residential use of lead-based paint in 1978, it persists in millions of older homes, sometimes under layers of new paint. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching their fullest potential for their health, intellect, and future development. Even small amounts of lead dust can cause harm to children living in the home.
The highlighted FY2021 enforcement actions include EPA civil administrative proceedings, and judicial civil and criminal actions prosecuted by the U.S. Department of Justice. Enforcement actions require alleged violators to come into compliance with the law and, in most cases, to pay penalties. In determining the appropriate civil penalty amount, the agency considers a violator’s ability to pay, ability to continue to do business, and other factors. In some of the settlements announced today, EPA exercised its enforcement discretion and reduced the penalty because the cases involved minor violations and/or small-scale businesses with an inability to pay the penalty.
Selected highlights:
Home Depot U.S.A. Inc. (Nationwide) will pay a penalty of $20.75 million dollars, the highest civil penalty to date under the Toxic Substances Control Act in the settlement of an action brought by the U.S. Environmental Protection Agency and the Department of Justice joined by the States of Utah, Massachusetts, and Rhode Island. Under the settlement, Home Depot will implement a company-wide program to ensure that the contractors it hires to perform work for its customers comply with the Renovation, Repair and Painting (RRP) Rule during renovations of homes built before 1978. Home Depot will also conduct thousands of on-site inspections of work performed by its contractors to ensure they comply with lead-safe work practices. Home Depot must also investigate and respond to customer complaints. In instances where the contractor did not comply with Lead Safe Work practices, Home Depot will perform an inspection for dust lead hazards and, if they are found, provide a specialized cleaning. EPA will monitor Home Depot’s responses to customer complaints. In addition to the requirements related to its renovations, Home Depot will provide important information about following lead-safe work practices to its professional and do-it-yourself customers in its stores, on its website, on YouTube, and in workshops.
Flipnmove Productions and EQ Media, Inc. (TX) involved alleged violations of the RRP Rule depicted on the home renovation television program, “Texas Flip N Move.” Under the terms of the settlement, the companies agreed to pay civil penalties of $30,000 and take steps to ensure compliance with the RRP Rule in future renovation projects. Further, the companies have agreed to complete projects to educate the public about lead-based paint hazards and the importance of using a certified renovator, including banners on existing episodes of “Texas Flip N Move,” developing informational webpages on their respective websites and adding links to the EPA Lead and RRP webpages, and integrating elements of the RRP Rule into future programing. Additionally, as part of the settlement, the companies will use a third-party entity to perform lead abatement in low-income pre-1978 housing residences or child-occupied facilities within the Dallas-Fort Worth metroplex.
Rickey Lynch (NY) is the first defendant charged with a felony violation of TSCA since the statute was amended in 2016 to include enhanced punishments for knowing and willful violations that pose an imminent danger of death or serious bodily injury. As alleged, the defendant placed a very young child in imminent danger by deliberately disregarding federal standards that ensure the safe abatement of lead-based paint. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
To see additional highlights of FY2021 enforcement actions, visit: https://www.epa.gov/enforcement/epas-lead-based-paint-enforcement-helps-protect-children-and-vulnerable-communities-2
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://www.epa.gov/enforcement/report-environmental-violation-general-information
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://facebook.com/eparegion2
Source: US EPA
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