Lead Renovation, Repair and Painting Rule - February 2014

(WASHINGTON, DC - February 18, 2014) - The U.S. Environmental Protection Agency (EPA) today announced enforcement actions that will require 35 home renovation contractors and training providers to take additional steps to protect communities by minimizing harmful lead dust from home renovation activities, as required by the EPA’s Lead Renovation, Repair, and Painting (RRP) Standards. These standards provide important, front-line protection for children and others vulnerable to exposure to lead dust that can cause lead poisoning.

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HarenLaughlin Construction - Overview of Company and Facility Location

HarenLaughlin Construction is a construction and renovation company with an office located in Lenexa, KS. The case involves renovation of an unoccupied apartment building built in 1922, located at 811 East Armour Boulevard, Kansas City, Missouri. The building contained 65 one- and two-bedroom units and one studio apartment and was located in an urban area on a major street near numerous businesses and residences. EPA Region 7 inspectors conducted a work practice inspection of ongoing renovation activities on August 9, 2012.

Violations

The Consent Agreement and Final Order (“CAFO”) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:

The United States alleges that HarenLaughlin Construction violated the RRP Rule by failing to obtain initial firm certification from EPA prior to performing renovation activities.

Failure to Post Signs Clearly Defining the Work Area. The United States alleges that HarenLaughlin Construction violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; to prepare, to the extent practicable, signs in the primary language of the occupants; and/or to post signs before beginning the renovation and making sure they remain in place and readable until post-renovation cleaning verification have been completed.
Failure to Close and Cover All Duct Openings in the Work Area. The United States alleges that HarenLaughlin violated the RRP Rule by failing to close and cover all duct openings in the work area with taped-down plastic sheeting or other impermeable material.
Failure to Close Windows and Doors in the Work Area. The United States alleges that HarenLaughlin Construction violated the RRP Rule by failing to close windows and doors in the work area, covering doors with plastic sheeting or other impermeable material, and covering doors used as an entrance to the work area with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.
Failure to Cover the Floor Surface of the Work Area. The United States alleges that HarenLaughlin Construction violated the RRP Rule by failing to cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain dust, whichever is greater.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that HarenLaughlin Construction violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and younger are most at risk. If not detected early, children with high levels of lead in their bodies can suffer from:

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Lead can accumulate in our bodies over time, where it is stores in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be easily circulated from the mother's blood stream through the placenta to the fetus. Mothers with high levels of lead in their bodies can expose their developing fetuses, resulting in serious and developmental problems including:

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

HarenLaughlin will pay a civil penalty of $2,786 and perform a Supplemental Environmental Project valued at $24,500.

Alaska Commercial Contractors, Inc. - Overview of Company and Facility Location

Alaska Commercial Contractors, Inc. provides general contractor services throughout Southeast Alaska with an office located in Juneau, AK. The case involves a residential renovation project at a structure known as the Governor's House, located at 716 Calhoun Avenue, Juneau, Alaska. The property was constructed prior to 1978.

Violations

The Consent Agreement and Final Order (“CAFO”) alleges violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:

Failure to Obtain Firm Certification. The United States alleges that Alaska Commercial Contractors, Inc. violated the RRP Rule by failing to obtain a Renovation, Repair and Painting firm certification prior to commencing renovation activities.
Failure to Ensure all Workers are Either Certified Renovators or Have Been Trained by a Certified Renovator. The Unites States alleges that Alaska Commercial Contractors, Inc. violated the RRP Rule by awarding a contract to a subcontractor who did not receive training and certification prior to the renovation work.
Failure to Ensure a Certified Renovator is Assigned to each Renovation. The Unites States alleges that Alaska Commercial Contractors, Inc. violated the RRP Rule by failing to ensure its subcontractor assigned a certified renovator to the renovation.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Alaska Commercial Contractors, Inc. will pay a civil penalty of $32,130.

Bill Vizzo Contractors, LLC - Overview of Company and Facility Location

Bill Vizzo Contractors, LLC performs residential renovations in Connecticut, with a home office located in Shelton, CT. The settlement involves renovation work conducted at a residence located in Monroe, CT. The residence was constructed prior to 1978.

Violations

Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Respondent violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Failure to Apply for Firm Certification. The United States alleges that Respondent violated the RRP Rule by failing to apply to EPA for RRP-certification before performing renovation work for compensation at the residence located at 14 Northbrook Drive.
Failure to Assign a Certified Renovator. The United States alleges that Respondent violated the RRP Rule because Respondent’s employees were not RRP-certified renovators, and no RRP-certified renovators were assigned to the renovation performed by Respondent at 14 Northbrook Drive.
Failure to Comply with Work Practice Standards: Failure to Cover Ground with Impermeable Material during Renovations. The United States alleges that Respondent violated the RRP Rule by failing to cover the ground with plastic sheeting or other impermeable material in the work area of the renovation project.
Failure to Comply with Work Practice Standards: Failure to Contain Renovation Waste. The United States alleges that Respondent violated the RRP Rule by failing to contain renovation waste during Respondent’s renovation work, resulting in paint chips and paint dust lying on the floor and ground inside and around the residence.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Bill Vizzo Contractors will pay a civil penalty of $2,200

Collegiate Entrepreneurs, Inc. - Overview of Company and Facility Location

Collegiate Entrepreneurs, Inc. is a residential painting company with an office located in Braintree, MA. The settlement involves residential renovation projects conducted at 82 different properties in New England communities between May 2009 and July 2010. Each of the properties was constructed prior to 1978.

Violations

Failure to Provide Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Collegiate Entrepreneurs violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to 75 property owners prior to commencing renovation activities.
Failure to Establish and Maintain Records. The Unites States alleges that Collegiate Entrepreneurs violated the RRP Rule by failing to establish and maintain records certifying that the required work practices were conducted in compliance with the RRP rule and that a certified renovator provided on-the-job training to individuals used on the project, directed these individuals performing the renovation to comply with the required work practice standards, and performed the post-renovation cleaning verification required by the RRP rule.
Failure to Retain a Certification by a Certified Renovator. The Unites States alleges that Collegiate Entrepreneurs violated the RRP Rule by failing to retain a certified renovator’s certification that the work practices were conducted in compliance with the RRP Rule.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Collegiate Entrepreneurs will pay a civil penalty of $30,000 in 12 installments (plus 3% interest).

D&S Construction of Western Ohio, LLC - Overview of Company and Facility Location

D&S Construction of Western Ohio, LLC is located in Sydney, Ohio. The settlement involves a residential renovation or repair project conducted at a property located in Sidney, Ohio in February 2011. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that D&S Construction violated the RRP Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that D&S Construction violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Failure to Ensure that all Individuals Performing Renovation Activities on behalf of the Firm are either Certified Renovators or have been Trained by a Certified Renovator.
Failure to Assign a Certified Renovator to the Renovation and Ensure that the Certified Renovator Discharges all of the Certified Renovator Responsibilities.
Failure to Retain and Make Available Records Necessary to Demonstrate Compliance with the RRP Rule.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

D&S Construction will pay a civil penalty in the amount of $400. D&S Construction’s penalty was based in large part on its ability to pay.

DuraPlex, Inc. - Overview of Company and Facility Location

DuraPlex, Inc. is a residential painting and siding company with an office located in Brick, New Jersey. The settlement involves a residential renovation project conducted at a property in Howell, New Jersey in April 2012. DuraPlex, Inc. was the general contractor for the renovation. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. DuraPlex, Inc. was not an EPA-certified renovation firm at the time of the renovation as required by the RRP Rule.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. DuraPlex, Inc. violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owners prior to commencing renovation activities.
Failure to Follow Lead-safe Work Practices Dura-Plex, Inc. failed to post informational signs and contain renovation waste as required by the RRP Rule.
Failure to Establish and Maintain Records. DuraPlex, Inc. violated the RRP Rule by failing to establish and maintain records certifying that the required work practices were conducted in compliance with the RRP Rule and that the firm performed the post-renovation cleaning verification required by the RRP Rule.
Failure to Ensure that a Certified Renovator was Assigned to the Renovation. DuraPlex, Inc. did not have a certified Renovator assigned to the renovation at the Howell, New Jersey property.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Duraplex, Inc. will pay a civil penalty of $5,330. Duraplex’s penalty was reduced because it qualified as a micro-business under the Pilot RRP Penalty Program for Micro-Businesses.

Environmental Engineering & Technologies, Inc. (“EE&T”) - Overview of Company and Facility Location

Environmental Engineering & Technologies, Inc. (“EE&T”) is an EPA-accredited training provider located in Newport News, VA. The settlement involves violations pertaining to a “Renovator Initial Training Course” which was conducted on April 27, 2012.

Violations

The Expedited Settlement Agreement settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the “Lead-Based Paint Activities” rule set forth at 40 C.F.R. Part 745, Subpart L. The Settlement Agreement alleges the following RRP Rule violations:

Failure to Conduct a Hands-on Skills Assessment. The United States alleges that EE&T failed to provide a hands-on skills assessment at the end of the training course.

Pollutant Reductions

This enforcement action is expected to increase the number of properly trained individuals in Virginia and increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

EE&T will pay a penalty of $1,000 pursuant to the Lead-based Paint Expedited Settlement Agreement Pilot Program. Under the ESA pilot, significantly reduced penalties are offered to respondents in order to facilitate quick settlement.

Exterior Energy Consultants, Inc. - Overview of Company and Facility Location

Exterior Energy Consultants, Inc. is located in Gladstone, Missouri. The settlement involves a residential renovation conducted at a property located in Kansas City, Missouri. The property was constructed prior to 1978.

Violations

Failure to Comply with Work Practice Standards. The United States alleges that Exterior Energy violated the RRP Rule by failing to clean the work area until no dust, debris or residue remained after its renovation of the property.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Exterior Energy will pay a civil penalty of $1,727 and perform a Supplemental Environmental Project valued at no less than $15,543.

Hannegan Construction Company - Overview of Company and Facility Location

The Hannegan Construction Company is located in St. Charles, Missouri. The settlement involves ten separate renovations conducted throughout Missouri in 2011. The properties were constructed prior to 1978.

Violations

Failure to Maintain and Produce Records.The United States alleges that Hannegan Construction violated the RRP Rule by failing to maintain and produce lead-based paint testing records documenting compliance at the time of EPA inspection. Hannegan Construction failed to maintain and produce records of lead-based paint testing compliance on ten separate renovations.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Hannegan Construction will pay a civil penalty of $10,548.

Philip and Stanley Thornton - Overview of Company and Facility Location

Philip and Stanley Thornton are two brothers who perform home renovations for compensation in the Marshall, Missouri area. The settlement involves a residential renovation conducted at a property located in Mount Leonard, Missouri that was constructed in 1951.

Violations

Failure to obtain Firm Certification. The United States alleges that the Thorntons violated the RRP Rule by failing to obtain firm certification from EPA prior to performing or offering to perform renovation activities in housing constructed prior to 1978.
Failure to Assign a Certified Renovator to the Renovation. The United States alleges that the Thorntons violated the RRP Rule by failing to assign a certified renovator to each renovation performed.
Failure to Provide a Lead Hazard Information Pamphlet to the owner and an adult occupant. The United States alleges that the Thorntons violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to both the owner of the residence and an adult occupant of the property prior to commencing renovation activities.
Failure to Post signs Defining the Work Area and Warning Occupants and Other Persons at the Property. The United States alleges that the Thorntons violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside the work area.
Failure to Close All Doors and Windows within 20 Feet of the Renovation. The United States alleges that the Thorntons violated the RRP Rule by failing to close all doors and windows within 20 feet of the renovation.
Failure to cover the Ground with Plastic Sheeting or Other Impermeable Material. The United States alleges that the Thorntons violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater.
Failure to Contain the Work Area. The United States alleges that the Thorntons violated the RRP Rule by failing to contain waste from renovation activities and prevent the release of dust and debris before the waste was removed from the work area for storage or disposal.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Philip & Stanley Thornton will pay a civil penalty of $3,400.

Samuel M. Lewis - Overview of Company and Facility Location

Samuel M. Lewis is an individual with a place of residence in Columbus, Ohio. The settlement involves a residential renovation project conducted at a property located in Columbus, Ohio in August 2011. The property was constructed prior to 1978.

Violations

Failure to Comply with Work Practice Standards. The United States alleges that Mr. Lewis violated the RRP Rule by failing to collect all paint chips and debris and, without dispersing any of it, sealing the material in a heavy-duty bag as required by the RRP Rule.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Based on Mr. Lewis’s inability to pay, no civil penalty was assessed in this case.

Rothers, Inc. d/b/a Rothers Design/Build - Overview of Company and Facility Location

Rothers, Inc. d/b/a Rothers Design/Build is located in Kansas City, Kansas. The settlement involves a residential renovation or repair project conducted at a property located in Kansas City, Missouri in February 2012. The property was constructed prior to 1978.

Violations

Failure to Retain Lead Safe Work Practice Records. The United States alleges that Rothers violated the RRP Rule by failing to retain records documenting compliance with the lead safe work practices.
Failure to Post Signs Defining the Work Area and Warning Occupants and Other Persons. The United States alleges that Rothers violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area.
Failure to Cover all Ducts in the Work Area. The United States alleges that Rothers violated the RRP Rule by failing to close and cover all ducts opening in the work area with taped-down plastic sheeting or other material.
Failure to Cover the Floor Surface before Beginning the Renovation. The United States alleges that Rothers violated the RRP Rule by failing to cover the floor surface with at least six (6) feet of plastic sheeting or other disposable impermeable material before beginning the renovation.
Failure to Contain Waste from Renovation Activities. The United States alleges that Rothers violated the RRP Rule by failing to contain waste from renovation activities to prevent the release of dust and debris before the waste is removed from the work are for storage or disposal.
Failure to Cover Doors in the Work Area with Impermeable Material. The United States alleges that Rothers violated the RRP Rule by failing to ensure that doors in the work area were covered with impermeable material to confine dust and debris.
Failure to Cover the Ground with Impermeable Material. . The United States alleges that Rothers violated the RRP Rule by failing to cover the ground with impermeable material extending ten (10) feet or more beyond the work area.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Based on Rothers Design/Build’s inability to pay, the company will pay a mitigated penalty of $1,000.

Schryer/Thompson Construction, Inc. - Overview of Company and Facility Location

Schryer/Thompson Construction, Inc. is a general contractor company with an office located in Concord, CA. The case involves residential renovation projects conducted at six different properties in California communities between May 2010 and November 2011. Each of the properties was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to obtain firm certification before performing a renovation in target housing that was not determined to be lead-free.
Failure to Maintain Testing Reports or Records. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to maintain reports prepared by an EPA-certified inspector or risk assessor or records prepared by a certified renovator after using an EPA-recognized test kit certifying that lead based paint was not present.
Failure to Maintain Records of Distribution of the Lead Hazard Information Pamphlet. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to maintain signed and dated acknowledgments that that owners or adult occupants had received the “Renovate Right” pamphlet prior to commencing renovation activities.
Failure to Maintain Records of Common Area Notification. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to keep records of notification activities performed for common area renovations.
Failure to Document Assignment of a Certified Renovator. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to document whether a certified renovator was assigned to a renovation.
Failure to Document that a Certified Renovator Provided Worksite Training. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to document that a certified renovator provided on-the-job training for workers.
Failure to Document that a Certified Renovator Performed or Oversaw Work. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to document whether a certified renovator performed or directed workers who performed all of tasks described in 40 CFR 745.85(a).
Failure to Document a Certified Renovator Verified Post-Renovation Cleaning. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to document that a certified renovator performed the post-renovation cleaning verification.
Failure to Maintain the Certified Renovator’s Training Certificate. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to maintain a copy of the training certificate of the certified renovator.
Failure to Maintain Certification of Work Practices by a Certified Renovator. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to keep a certification by the certified renovator that training was provided to workers, warning signs were posted, any test kits used were identified and results documented, work area was contained, and the certified renovator performed the post-renovation cleaning verification.
Failure to Use Certified Renovators or Workers Trained by Certified Renovators. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to ensure that all individuals performing renovation were either certified renovators or had been trained by a certified renovator.
Failure to Assign a Certified Renovator. The United States alleges that Schryer/Thompson Construction, Inc. violated the RRP Rule by failing to ensure a certified renovator was assigned who discharged all certified renovator responsibilities.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Schryer Thompson will pay a civil penalty of $2,500.

Home Hero, LLC - Overview of Company and Facility Location

The Home Hero, LLC is located in Philadelphia, Pennsylvania. The settlement involves a residential renovation project conducted at a property located in Wyandotte, Michigan in January 2011. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Home Hero violated the Renovation, Repair, and Painting Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that The Home Hero violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owners prior to commencing renovation activities.
Failure to Retain Records to Demonstrate Compliance with the Work Practice Standards. The United States alleges that The Home Hero violated the RRP Rule by failing to document that a certified renovator provided on-the-job training for workers and performed or directed the workers to perform the work practice standards. Additionally, the United States alleges that The Home Hero failed to document that a certified renovator performed the post-renovation cleaning verification.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

The Home Hero, LLC will pay a civil penalty of $1,127. The Respondent’s penalty was reduced because it qualified as a micro-business under the Pilot RRP Penalty Program for Micro-Businesses.

Training Network, Inc. - Overview of Company and Facility Location

The Training Network, Inc., an EPA accredited training provider, is headquartered in Reston, Virginia, and provides nationwide Lead-Safe Work Practices training. The settlement involves a number of alleged training violations that took place at Piedmont Virginia Community College in Charlottesville, VA on November 17, 2010.

Violations

The Consent Agreement and Final Order (“CAFO”) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the “Lead-Based Paint Activities” rule set forth at 40 C.F.R. Part 745, Subpart L. The CAFO alleges the following RRP Rule violations:

Failure to Conduct a Hands-on Skills Assessment. The United States alleges that The Training Network failed to ensure that each of the twelve students successfully completed the hands-on skill assessment before they issued certificates of completion.

Pollutant Reductions

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

The Training Network will pay a civil penalty of $560.

Van Dyk Construction - Overview of Company and Facility Location

Van Dyk Construction is a residential remodeling and framing company located in Littleton, CO. The case involves an exterior residential renovation project conducted at one property located in Englewood, CO. The property was constructed prior to 1978.

Violations

Failure to Comply with Work Practice Standards. The United States alleges that Van Dyk Construction violated the RRP Rule by failing to contain the work area by covering the ground with plastic sheeting or other disposable impermeable material.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Van Dyk Construction will pay a civil penalty of $600. The penalty was reduced because the Respondent qualified as a micro-business under the Pilot RRP Penalty Program for Micro-Businesses.

Van Pool Painting, Inc. - Overview of Company and Facility Location

Van Pool Painting, Inc. provides paint removal and repainting services throughout Alaska with an office located in Juneau, AK. The case involves a residential renovation project at a structure known as the Governor's House, located at 716 Calhoun Avenue, Juneau, Alaska. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Van Pool Painting, Inc. violated the RRP Rule by failing to obtain firm certification prior to commencing renovation activities.
Failure to Ensure all Workers are Either Certified Renovators or Have Been Trained by a Certified Renovator. The Unites States alleges that Van Pool Painting, Inc. violated the RRP Rule by utilizing renovators who did not receive training and certification prior to the renovation work.
Failure to Ensure a Certified Renovator was Assigned to each Renovation. The Unites States alleges that Van Pool Painting, Inc. violated the RRP Rule by failing to ensure a certified renovator was assigned to the renovation.
Failure to Cover the Ground with Plastic Sheeting. The Unites States alleges that Van Pool Painting, Inc. violated the RRP Rule by not covering the ground with plastic sheeting to collect falling paint debris.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Van Pool Painting, Inc. will pay a civil penalty of $10,000.

Ritchie Enterprises, Inc. d/b/a Puroclean Emergency Restoration Services - Overview of Company and Facility Location

Ritchie Enterprises, Inc. d/b/a Puroclean Emergency Restoration Services is located in Sullivan, Missouri. The settlement involves three residential renovations conducted at three different residential housing units located throughout Missouri in 2011. The properties were constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Ritchie Enterprises violated the RRP Rule by failing to obtain firm certification prior to performing renovations subject to the RRP Rule.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Ritchie Enterprises violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Use of a Prohibited Work Practice. The United States alleges that Ritchie Enterprises violated the RRP Rule by using a machine designed to remove paint or other surface coatings through high speed sanding without shrouds or containment systems, and which was not equipped with a HEPA vacuum attachment to collect dust and debris at the point of generation.
Failure to Retain Records to Demonstrate Compliance with the RRP Rule. The United States alleges that Ritchie Enterprises violated the RRP Rule by failing to retain all records necessary to demonstrate compliance with the RRP. Ritchie Enterprises failed to retain records of compliance for three properties where it performed renovations.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death

Miscarriages
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Ritchie Enterprises will pay a civil penalty of $30,000.

James J. Welch & Co., Inc. (“JJ Welch”) - Overview of Company and Facility Location

James J. Welch & Co., Inc. (“JJ Welch”) is a corporation located in Salem, Massachusetts that provides general contracting services, including residential and commercial construction and renovation. The case involves violations stemming from a renovation project performed between September 2011 and February 2011 to convert a former school into a community center in Kittery, Massachusetts. The portion of the school targeted for renovation was constructed prior to 1978.

Violations

The Consent Agreement and Final Order (CAFO) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The Complaint alleged the following RRP Rule violation:

Failure to Ensure a Certified Renovator was assigned to each Renovation and Discharges All Renovator Responsibilities. The United States alleges that JJ Welch violated the RRP Rule by failing to ensure that the ground was covered with plastic sheeting and that renovation waste was contained in order to prevent releases.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

JJ Welch & Co. will pay a civil penalty of $3,465.

L. Hernandez Painting d/b/a Hernandez L. Painting - Overview of Company and Facility Location

L. Hernandez Painting d/b/a Hernandez L. Painting is a residential painting company located in Hempstead, New York. The settlement involves a residential renovation project conducted in Syosset, New York in June 2012. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. Hernandez L. Painting was not an EPA-certified renovation firm at the time of the renovation as required by the RRP Rule.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. Hernandez L. Painting violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owners prior to commencing renovation activities
Failure to Ensure that a Certified Renovator was Assigned to the Renovation. Hernandez L. Painting did not have a certified Renovator assigned to the renovation at the Syosset, New York property.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty and Complying Actions

Hernandez L. Painting will pay a civil penalty of $1,560. The penalty was reduced because the Respondent qualified as a micro-business under the Pilot RRP Penalty Program for Micro-Businesses.

Jason Madura - Overview of Company and Facility Location

Jason Madura is a landlord in Sedalia, Missouri that performed renovations on his rental property. The settlement involves a residential renovation project conducted at a residential property located in Sedalia, Missouri in April 2012. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Jason Madura violated the RRP Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
Failure to Assign a Certified Renovator. The United States alleges that Jason Madura violated the RRP Rule by failing to assign a certified renovator to the renovation project.
Failure to Retain Records Documenting Compliance with Work Practice Standards. The United States alleges that Jason Madura violated the RRP Rule by failing to retain records documenting compliance with the work practice standards.
Failure to Contain Waste from Renovation Activities. The United States alleges that Jason Madura violated the RRP Rule by failing to contain waste from renovation activities in a manner that prevents releases of dusts and debris before the waste is removed from the work area for storage or disposal.
Failure to Store Waste from Renovation Activities under Containment. The United States alleges that Jason Madura violated the RRP Rule by failing to, at the conclusion of each work day and at the conclusion of the renovation, to store waste from renovation activities under containment, in an enclosure or behind a barrier that prevents the release of dust and debris out of the work area and prevents access to dust and debris.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Based on Jason Madura’s inability to pay, he will pay a mitigated penalty of $100.

James L. and Dona D. Jungers - Overview of Company and Facility Location

James L. and Dona D. Jungers are individuals that own rental property in Lincoln, Nebraska. This case involves a renovation conducted by James L. and Dona D. Jungers which consisted of scraping the exterior of a single family home constructed prior to 1978.

Violations

The Consent Agreement and Final Order (“CAFO”) settles violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violations:

Failure to obtain Firm Certification. The United States alleges that the Jungers’ violated the RRP Rule by failing to obtain firm certification from EPA prior to performing or offering to perform renovation activities in housing constructed prior to 1978.
Failure to Assign a Certified Renovator to the Renovation. The United States alleges that the Jungers’ violated the RRP Rule by failing to assign a certified renovator to each renovation performed.
Failure to Provide a Lead Hazard Information Pamphlet to an adult occupant. The United States alleges that the Jungers’ violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to an adult occupant of the property prior to commencing renovation activities.
Failure to retain records necessary to demonstrate compliance with the RRP Rule. The Unites States alleges that the Jungers’ violated the RRP Rule by failing to establish and maintain records certifying that the required work practices were conducted in compliance with the RRP rule and that a certified renovator provided on-the-job training to individuals used on the project, directed these individuals performing the renovation to comply with the required work practice standards, and performed the post-renovation cleaning verification required by the RRP rule.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Based on James L. and Donna D. Jungers inability to pay, they will pay a mitigated penalty of $100.

Midwest College Painters, LLC - Overview of Company and Facility Location

Midwest College Painters, LLC is located in Bloomfield Hills, Michigan. The settlement involves a residential renovation conducted at a property located in Lansing, Michigan in July 2011. The property was constructed prior to 1978.

Violations

Failure to Obtain Firm Certification. The United States alleges that Midwest College Painters violated the RRP Rule by failing to obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
Failure to Provide a Lead Hazard Information Pamphlet to the Property Owners. The United States alleges that Midwest College Painters violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the property owner prior to commencing renovation activities.
Failure to Establish and Maintain Records. The Unites States alleges that Midwest College Painters violated the RRP Rule by failing to establish and maintain records certifying that a certified renovator was assigned to the project, provided on-the-job training to individuals used on the project, and directed these individuals performing the renovation to comply with the work practice standards required by the RRP rule
Failure to Comply with Work Practice Standards. The United States alleges that Midwest College Painters violated the RRP Rule by failing to take steps to contain paint dust from renovation work as required by the RRP Rule.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Midwest College Painters will pay a civil penalty of $ 500. Midwest College Painter’s penalty was based in large part on its ability to pay.

Nezerka Enterprises LLC d/b/a Certa Pro Painters of Shawnee Mission, Kansas - Overview of Company and Facility Location

Nezerka Enterprises LLC d/b/a Certa Pro Painters of Shawnee Mission, Kansas is a certified EPA RRP firm who uses subcontractors to complete renovation jobs. The case involves renovation of a 4-unit apartment building located in Kansas City, Missouri. The building was built in 1923. EPA Region 7 inspectors conducted a work practice inspection of ongoing renovation activities on October 25, 2011 and an RRP recordkeeping inspection on January 17, 2012.

Violations

Failure to Cover the Ground with Plastic Sheeting or Other Impermeable Material. The United States alleges that Nezerka Enterprises violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of the surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater.
Failure to Provide a Lead Hazard Information Pamphlet to Owner of Muli-Family Housing. The United States alleges that Nezerka Enterprises violated the RRP Rule by failing to provide a copy of the “Renovate Right” pamphlet to the owner of the multi-family housing prior to the start of renovation activities
Failure to Notify in Writing Each Affected Unit of Multi-Family Housing and to Make the “Renovate Right” Pamphlet Available. The United States alleges that Nezerka Enterprises violated the RRP Rule by failing to notify in writing, or ensure written notification of, each affected unit and to make the pamphlet available upon request prior to the start of renovation.
Failure to Establish and Maintain Records. The United States alleges that Nezerka Enterprises violated the RRP Rule by failing to establish and maintain records certifying that the required work practices were conducted in compliance with the RRP rule and that a certified renovator provided on-the-job training to individuals used on the project, directed these individuals performing the renovation to comply with the required work practice standards, and performed the post-renovation cleaning verification required by the RRP rule

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Nezerka Enterprises LLC d/b/a Certa Pro Painters will pay a civil penalty of $8,596.

Professional Training Associates Inc. - Overview of Company and Facility Location

Professional Training Associates Inc. is a training provider located in Duquesne, PA. The settlement involves a number of alleged training violations that were conducted at its facility in Duquesne, PA on March 14, 2012.

Violations

The Expedited Consent Agreement settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the “Lead-Based Paint Activities” Rule set forth in 40 C.F.R. Part 745, Subpart L. The Consent Agreement alleges the following RRP Rule violations

Failure to Conduct a Hands-on Skills Assessment. The United States alleges that Professional Training Associates failed to ensure that four students successfully completed the hands-on skill assessment.

Pollutant Reductions

It is expected that potential lead exposures and environmental contamination will be significantly reduced because this consent agreement helps ensure that Professional Training Associates, Inc. complies with its accreditation, which obligates training providers to conduct effective hands-on training so that students are able to follow lead-safe work practices when performing renovations.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Professional Training Associates, Inc. will pay a penalty of $1,000 pursuant to the Lead-based Paint Expedited Settlement Agreement Pilot Program. Under the ESA pilot, significantly reduced penalties are offered to respondents in order to facilitate quick settlement.

Consortium for Workforce Development/New Jersey Council of Community Colleges (NJCCC) - Overview of Company and Facility Location

The Consortium for Workforce Development/New Jersey Council of Community Colleges (NJCCC) is an organization comprised of 19 county colleges located throughout New Jersey. NJCCC's primary place of business is located in Trenton, New Jersey. NJCCC is an EPA-accredited provider of lead-based paint renovation training courses. This settlement involves violations of NJCCC’s training program based on an August 2012 inspection

Violations

The Consent Agreement and Final Order (“CAFO”) settles alleged violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the “Lead-Based Paint Activities Rule”, 40 C.F.R. Part 745, Subpart L. The CAFO alleges the following RRP Rule violations:

Failure to Meet Minimum Training Hour Requirements and Teach Hands-On Topics. The training program failed to meet minimum training hour requirements and failed to teach all of the elements required for the hands-on portion of the Renovator Initial course. NJCCC did not teach proper use of lead test kits, interior cleaning following a renovation, and visual inspection procedures to ensure proper cleaning of renovation work areas.

Pollutant Reductions

This enforcement action is expected to increase the number of properly trained individuals in New Jersey and increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system Behavior and learning problems, such as hyperactivity Slowed growth Hearing problems Headaches Anemia In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty and Supplemental Environmental Project

The settlement includes payment of a $6,500 cash penalty, a Supplemental Environmental Project (SEP) valued at $24,375, and full compliance with regulatory requirements in all future renovation training courses. Under the SEP, NJCCC is offering tuition-free Renovator Initial training to contractors in Hurricane Sandy impacted areas. After attending the course, students will be trained and certified to work safely with lead-based paint and understand how to comply with the Renovation, Repair, and Painting Rule.

Prudent Technologies, Inc. - Overview of Company and Facility Location

Prudent Technologies, Inc. is located in Kansas City, Missouri. The settlement involves two residential renovations conducted at two properties located in Omaha, Nebraska in September 2011. Both properties were constructed prior to 1978.

Violations

Failure to Post signs Defining the Work Area and Warning Occupants and Other Persons at the Property. The United States alleges that Prudent Technologies violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside the work area. The failure occurred at both properties where Prudent Technologies was undertaking renovations.
Failure to Close All Doors and Windows within 20 Feet of the Renovation. The United States alleges that Prudent Technologies violated the RRP Rule by failing to close all doors and windows within 20 feet of the renovation
Failure to cover the Ground with Plastic Sheeting or Other Impermeable Material. The United States alleges that Prudent Technologies violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater. The failure occurred at both properties where Prudent Technologies was undertaking renovations.
Failure to Clean the Work Area after Completing the Renovation. The United States alleges that Prudent Technologies violated the RRP Rule by failing to clean the work area after completing the renovation.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Prudent Technologies will pay a civil penalty of $65,450.

New Hampshire Plate Glass Corporation (NH Glass) - Overview of Company and Facility Location

New Hampshire Plate Glass Corporation (NH Glass) is a firm located in Portsmouth, New Hampshire. The Consent Agreement and Final Order (CAFO) was filed January 21, 2014 and concerns a window renovation project NH Glass was performing at a former school in Kittery, Maine. The school was being converted to a community center that would also house child day-care programs, and thus is a “child-occupied facility” subject to the Renovation, Repair and Painting Rule (RRP Rule). The property was constructed prior to 1978

Violations

The CAFO settles alleged violations of the Toxic Substances Control Act (TSCA), and the Renovation, Repair and Painting Rule, 40 C.F.R. Part 745, Subpart E. The complaint, which had been filed in February 2013, alleged NH Glass failed to comply with the following RRP Rule work practice requirements:

Failure to Assign a Certified Renovator. The United States alleges that NH Glass violated the RRP Rule by failing to ensure a certified renovator was assigned who discharged all certified renovator responsibilities.
Failure to cover the Ground with Plastic Sheeting or Other Impermeable Material. The United States alleges that NH Glass violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater.
Failure to Contain the Work Area. The United States alleges that NH Glass violated the RRP Rule by failing to contain waste from renovation activities and prevent the release of dust and debris before the waste was removed from the work area for storage or disposal.

Pollutant Reductions

EPA’s enforcement of the RRP Rule is intended to ensure that painting and renovation activities are conducted in compliance with the regulatory Rule requirements.

Health and Environmental Effects

Damage to the brain and nervous system;
Behavior and learning problems, such as hyperactivity;
Slowed growth;
Hearing problems;
Headaches;
Anemia; and/or
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages;
Premature births or low birth weight;
Brain damage, decreased mental abilities and learning difficulties; and/or
Reduced growth in young children.

Civil Penalty

New Hampshire Plate Glass will pay a civil penalty of $10,890.

Devex Construction LLC. - Overview of Company and Facility Location

Devex Construction LLC. is a renovation company located in Greenwood Village, CO. The case involves a residential renovation project conducted at one property located in Wheat Ridge, CO. The property was constructed prior to 1978.

Violations

The Combined Complaint, Consent Agreement, and Final Order (“CAFO”) alleges violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart E. The CAFO alleges the following RRP Rule violation:

Failure to Cover the Floor Surface with Plastic. The United States alleges that Devex Construction failed to cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Devex Construction LLC will pay a civil penalty of $800.

M&J Environmental Institute (“M&J”) - Overview of Company and Facility Location

M&J Environmental Institute (“M&J”) is a training provider that is accredited to offer renovator courses. M&J is located in Maple Grove, MN. The settlement involves violations pertaining to training courses which were conducted in June of 2013.

Violations

The Expedited Settlement Agreement settles alleged violations of the Toxic Substances Control Act (“TSCA”) and regulations promulgated under Section 402 of TSCA. The Expedited Settlement Agreement and Final Order (“ESA”) alleges the following RRP Rule violations:

Failure to Provide Notification Prior to Courses The United States alleges that M&J violated TSCA by failing to provide EPA with notification of all renovator courses offered at least 7 days prior to the start of the course.
Failure to Provide Post-Course Notification. The United States alleges that M&J violated TSCA by failing to provide notification to EPA following completion of renovator courses.

Pollutant Reductions

It is expected that potential lead exposures and environmental contamination will be significantly reduced because this ESA helps ensure that M&J complies with its accreditation, which obligates training providers to provide notification to EPA before and after offered courses.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

M&J will pay a penalty of $400 pursuant to the Lead-based Paint Expedited Settlement Agreement Pilot Program. Under the ESA pilot, significantly reduced penalties are offered to respondents in order to facilitate quick settlement.

Dennis Barker - Overview of Company and Facility Location

Dennis Barker is a painting contractor located in Fairbury, NE. The case involves an exterior painting project at a child-occupied residence located in Fairbury, NE. The property was built in 1910.

Violations

Failure to Obtain Firm Certification. The United States alleges that Dennis Barker violated the RRP Rule by failing to obtain firm certification prior to performing a renovation on target housing.
Failure to Assign a Certified Renovato. The United States alleges that Dennis Barker violated the RRP Rule by failing to ensure a certified renovator was assigned to the renovation.
Failure to Post Signs Defining the Work Area. The United States alleges that Dennis Barker violated the RRP Rule by failing to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area.
Failure to Cover the Ground with Plastic Sheeting. The United States alleges that Dennis Barker violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling debris.
Failure to Provide the Owner with Lead Hazard Pamphlet. The United States alleges that Dennis Barker violated the RRP Rule by failing to provide the owner of the unit with the EPA approved lead hazard information pamphlet.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Dennis Barker will pay a civil penalty of $3,465.

Thomas Breuer Construction, Inc. - Overview of Company and Facility Location

Thomas Breuer Construction, Inc. is a renovation company located in Sioux Falls, SD. The case involves a residential renovation project conducted at one property located in Sioux Falls, SD. The property was constructed prior to 1978.

Violations

Failure to Obtain Initial Firm Certification. The United States alleges that Thomas Breuer Construction violated the RRP Rule by failing to obtain firm certification before performing a renovation on housing constructed prior to 1978.
Failure to Retain Records. The United States alleges that Thomas Breuer Construction failed to retain all records necessary to demonstrate compliance with the RRP Rule for a period of 3 years.>
Failure to Document Delivery of the EPA-Approved Lead Hazard Pamphlet. The United States alleges that Thomas Breuer Construction failed to document delivery of the EPA-approved lead hazard information pamphlet to the property owner prior to commencing renovation activities.
Failure to Post Signs Defining the Work Area. The United States alleges that Thomas Breuer Construction failed to post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside the work area.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Thomas Breuer Construction will pay a civil penalty of $6,000.

Painting Done Right - Overview of Company and Facility Location

Painting Done Right is a firm owned by a certified renovator located in Lincoln, NE. The case involves a painting project at a residence located in Lincoln, NE. The property was built in 1915.

Violations

Failure to Obtain Firm Certification. The United States alleges that Painting Done Right violated the RRP Rule by failing to obtain firm certification prior to performing a renovation on target housing.
Failure to Provide an Adult Occupant with Lead Hazard Pamphlet. The United States alleges that Painting Done Right violated the RRP Rule by failing to provide an adult occupant of the unit with the EPA approved lead hazard information pamphlet.
Failure to Provide the Owner with Lead Hazard Pamphlet. The United States alleges that Painting Done Right violated the RRP Rule by failing to provide the owner of the unit with the EPA approved lead hazard information pamphlet.
Failure to Retain Records. The United States alleges that Painting Done Right violated the RRP Rule by failing to retain all records necessary to demonstrate compliance.
Failure to Cover the Ground with Plastic Sheeting. The United States alleges that Painting Done Right violated the RRP Rule by failing to cover the ground with plastic sheeting or other disposable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling debris
Failure to Clean the Work Area. The United States alleges that Painting Done Right violated the RRP Rule by failing to clean the work area until no dust, debris, or residue remains after the renovation has been completed.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Painting Done Right will pay a civil penalty of $1,729.

Thermo-Twin Industries, Inc. - Overview of Company and Facility Location

Thermo-Twin Industries, Inc. is a renovation firm located in Oakmont, PA. The case involves renovations conducted at three residential properties located in Pennsylvania. All three properties were constructed prior to 1978.

Violations

Failure to Provide the Owner with Lead Hazard Pamphlet. The United States alleges that Thermo-Twin violated the RRP Rule by failing to provide the owner of the properties with the EPA approved lead hazard information pamphlet.>
Failure to Obtain Written Acknowledgement. The United States alleges that Thermo-Twin failed to obtain written acknowledgement from the owners of the properties that they received the EPA approved lead hazard information pamphlet.>
Failure to Remove Objects from the Work Area. The United States alleges that Thermo-Twin failed to remove all objects from the work area, including furniture, rugs and window coverings, or cover them with plastic sheeting or other impermeable material.
Failure to Clean the Work Area. The United States alleges that Thermo-Twin failed to clean the work area after the completion of the renovation until no dust, debris, or residue remained.
Failure to Contain Waste. The United States alleges that Thermo-Twin failed to collect all paint chips and debris at the end of the renovation and, without dispersing any of it, seal the material in a heavy-duty bag.>
Failure to HEPA Vacuum the Work Area. The United States alleges that Thermo-Twin failed to thoroughly vacuum all remaining surfaces and objects in the work area with a HEPA vacuum.
Failure to Ensure a Certified Renovator Assigned. The United States alleges that Thermo-Twin failed to ensure that a certified renovator was assigned to each renovation and discharged all of the certified renovator responsibilities.

Pollutant Reductions

This enforcement action is expected to increase awareness of the RRP Rule requirements among the public and regulated community, contributing to a significant reduction in lead exposure.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death

Miscarriages,
Premature births or low birth weight,
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Thermo-Twin Industries will pay a civil penalty of $25,690.

Kachina Contractor Solutions, LLC (“Kachina”) - Overview of Company and Facility Location

Kachina Contractor Solutions, LLC (“Kachina”) is a training provider with its main office located in Elkins Park, Pennsylvania. EPA accredited the respondent to conduct initial renovator training courses pursuant to the Toxic Substances Control Act (“TSCA”), and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. § 745.225. The settlement alleges violations for courses the respondent conducted in and around Washington State.

Violations

The Consent Agreement and Final Order (“CAFO”) alleges violations of the Toxic Substances Control Act (“TSCA”), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (“RRP Rule”), 40 C.F.R. Part 745, Subpart L. Specifically, the CAFO alleges the following RRP Rule violations

Failure to Comply with Hands-on Training Requirements. The United States alleges that Kachina violated the Renovation, Repair, and Painting Rule by failing to comply with the curriculum, instructional, student participation, and duration requirement for hands-on training
Failure to Comply with "Training hour" Requirements. The United States alleges that Kachina violated the Renovation, Repair, and Painting Rule by failing to comply with the minimum of 8 training hours, with a minimum of 2 training hours (i.e., 100 minutes) devoted to hands-on training activities.

Pollutant Reductions

It is expected that potential lead exposures and environmental contamination will be significantly reduced because this settlement helps ensure that Kachina complies with its accreditation, which obligates training providers to conduct effective hands-on training so that students are able to follow lead-safe work practices when performing renovations.

Health and Environmental Effects

Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Anemia
In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Miscarriages,
Premature births or low birth weight
Brain damage, decreased mental abilities and learning difficulties, and/or
Reduced growth in young children.

Civil Penalty

Kachina Contractor Solutions, LLC will pay a civil penalty of $18,000