The U.S. Environmental Protection Agency (EPA) today announced that it completed 117 federal enforcement actions from October 2018 through September 2019 to ensure that entities such as renovation contractors, landlords, realtors and others comply with rules that protect the public from exposure to lead from lead-based paint. Exposure to lead dust, chips or debris from lead-based paint can pose serious risks to human health, particularly for young children.
“EPA’s work to enforce federal lead paint laws helps protect children all over the country,†said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “These cases deter bad actors by holding violators accountable for their actions and help maintain a level playing field for companies that follow the rules.â€
EPA has designated the reduction of childhood lead exposures as a high priority. The actions announced today support the agency’s implementation of the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts issued December 2018.
Regulations promulgated 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. These regulations – TSCA’s Renovation, Repair and Painting (RRP) Rule, TSCA’s Lead-based Paint Activities Rule, and LHRA’s Section 1018 Lead Disclosure Rule (LDR) – require lead-safe work practices and disclosure of information about lead-based paint, among other things. By ensuring compliance with federal lead-based paint requirements, EPA can address a major source of lead exposure that occurs in communities across the nation.
Since the 1970s, the United States has made tremendous progress in lowering children’s blood lead levels. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No safe blood lead level in children has been identified.
Included in the FY 2019 lead enforcement actions are EPA civil administrative proceedings and judicial civil and criminal prosecutions 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 many of the settlements announced today, EPA reduced the penalty because the cases involved small-scale lead-based paint businesses. Also, in some settlements the alleged violator has agreed to perform a Supplementary Environmental Project (SEP) or other project to help prevent lead exposures.
