Thursday, August 11, 2016

EPA Announces Big Penalties for Lead Paint RRP Rule Violations


The Renovate Right pamphlet is required to be distributed prior to RRP work.

EPA recently announced over $350,000 in recent penalties issued to residential contractors and property managers found in violation of the Lead RRP Rule, including failing to distribute the Renovate Right pamphlet to tenants.

Earlier this month, the EPA announced a series of large enforcement actions against violators of the Lead Renovation, Repair, and Painting (RRP) Rule and Real Estate Notification and Disclosure Rule, under the Toxic Substances Control Act (TSCA).

EPA Region 1 (New England):
  • EPA has issued an administrative complaint against Brady Sullivan Millworks II, LLC and Brady Sullivan Millworks IV, LLC (Brady Sullivan) of Manchester N.H., seeking a penalty of $139,171 for alleged violations of the Real Estate Notification and Disclosure Rule and the Renovation, Repair and Painting (RRP) Rule.
    • The EPA alleges that the company violated TSCA when it failed to provide tenants with lead paint disclosure information. The complaint also alleges that Brady Sullivan Millworks IV violated three provisions of the RRP Rule during renovation activities.
  • An administrative complaint was issued by the EPA against Environmental Compliance Specialists, Inc. (ECSI) of Kingston N.H., seeking a penalty of $152,848 for alleged violations of the Renovation, Repair and Painting Rule.
    • EPA's complaint against ECSI alleges that during renovation activities, the company violated six provisions of the RRP Rule, including failure to properly contain the work area.
Curt Spalding, regional administrator of EPA's New England office commented, "EPA always works to ensure that building owners, property managers, and construction contractors understand and comply with federal lead-paint disclosure and lead-safe work practice requirements to protect people from exposure to lead. This is especially important when children are involved since exposure to lead can have serious developmental impacts on kids' growing bodies and minds."



EPA Region 9 (Pacific Southwest):
  • The EPA fined Clearview Home Improvements Inc. $58,450 for failing to comply with the federal Renovation, Repair and Painting Rule while working at seven residential properties in Southern California. The company performs energy efficient home improvements, such as installing windows and vinyl siding. 
    • An EPA inspection found that the company performed renovation work at pre-1978 homes without:
      • confirming that a certified renovator, who ensured compliance with the Renovation, Repair and Painting Rule, was assigned to the job
      • keeping records to show that the renovator complied with lead-safe work practices
      • maintaining proper certification as a Renovation, Repair and Painting firm
      • providing clients with the required federal Renovate Right brochure, which gives basic facts about lead and information about lead safety during renovation work
“While renovations can make homes energy efficient, it is crucial to protect residents from the hazards of lead paint dust,” said Alexis Strauss, EPA’s Acting Regional Administrator for the Pacific Southwest. “Lead-based paint is the main source of lead poisoning for children, and even low levels of lead in their blood can cause irreversible harm.”

Many contractors don't realize that record-keeping is required to be maintained for any lead-safe RRP job for 3 years after completion. We strongly recommend implementing a thorough documentation process of all work performed under the RRP rule. The Lead RRP Project binder is a great tool to start with, as it provides a roadmap all of the necessary paperwork that the EPA would request in the event of an audit, along with instructions, examples, and blank forms to use for your next job. If you're interested in this tool, it's available in our online store at http://shop.zackacademy.com/lead-safe-rrp-project-binder/.


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