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Home Depot to Pay $20,750,000 Penalty for Nationwide Failure to Follow Rules for Conducting Renovations Involving Lead Paint

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Home Depot to Improve Public Health Protections During Home Renovations

 The U.S. Environmental Protection Agency (EPA) and the Department of Justice today announced a proposed nationwide settlement with Home Depot U.S.A. Inc. resolving alleged violations of the EPA’s Lead Renovation, Repair and Painting (RRP) Rule at home renovations performed by Home Depot’s contractors across the country. The States of Utah, Massachusetts, and Rhode Island, which have EPA-authorized RRP programs, are joining the United States in this action.

The settlement, in a consent decree lodged with the District Court for the Northern District of Georgia, requires Home Depot to implement a comprehensive, corporate-wide program to ensure that the firms and contractors it hires to perform work are certified and trained to use lead-safe work practices to avoid spreading lead dust and paint chips during home renovation activities. Home Depot will also pay a $20.75 million penalty, the highest civil penalty obtained to date for a settlement under the Toxic Substances Control Act. Of the $20.75 million penalty, $750,000 will be paid to Utah, $732,000 to Massachusetts, and $50,000 to Rhode Island.

“Today’s settlement will significantly reduce children’s exposure to lead paint hazards,” said Susan Bodine, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Home Depot will implement system-wide changes to ensure that contractors who perform work in homes constructed before 1978 are EPA-certified and follow lead-safe practices. EPA expects all renovation companies to ensure their contractors follow these critical laws that protect public health.”

“These were serious violations. The stiff penalty Home Depot will pay reflects the importance of using certified firms and contractors in older home renovations,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “Contractors hired for most work in homes built prior to 1978, when lead based paint was in widespread use, must be certified. These contractors have the training to recognize and prevent the hazards that can be created when lead paint is disturbed.”

EPA discovered the alleged violations when investigating five customer complaints about Home Depot renovations (in Illinois, Maine, Michigan, Minnesota and Wisconsin), which showed Home Depot subcontracted work to firms that in some cases did not use lead-safe work practices, perform required post-renovation cleaning, provide the EPA-required lead-based paint pamphlets to occupants, or maintain records of compliance with the law.

EPA then conducted a comprehensive review of Home Depot’s records of renovations performed throughout the United States and identified hundreds of instances in which Home Depot sent uncertified firms to perform renovations that required certified and trained firms. In addition, EPA identified instances in which Home Depot failed to establish, retain, or provide compliance documentation showing that specific contractors had been certified by EPA, had been properly trained, and had used lead-safe work practices in projects performed in homes.

For the most serious violations addressed by the settlement, Home Depot offered its customers inspections using certified professionals and, if dust lead hazards were found, it performed specialized cleaning and verification.

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 RRP Rule during renovations of homes built before 1978. To do this, Home Depot is implementing an electronic compliance system to verify that the contractors it hires are properly certified. Home Depot will also require its contractors to use a detailed checklist to document compliance and provide the completed checklist to the customer. The checklist will lead the contactors through the steps required for RRP Rule compliance. 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. The RRP Rule does not apply to do-it-yourself projects in your own home.  However, the EPA recommends using the Rule’s lead-safe work practices in your own home projects, so this important information will help families learn how to safely perform home improvement projects to protect themselves, and their children.

Residential lead-based paint use was banned in 1978 but still remains in many older homes and apartments across the country. Lead dust hazards can occur when lead paint deteriorates or is disrupted during home renovation and remodeling activities. Lead exposure can cause a range of health problems, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.  A blood lead test is the only way to determine if a child has a high lead level. Parents who think their child has been in contact with lead dust should contact their child’s health care provider.

Gov. Holcomb Unveils 2021 Next Level Agenda

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Governor Eric J. Holcomb today announced his 2021 Next Level Agenda, which is focused on safely navigating out of the pandemic and emerging as a stronger Indiana.

“The 2021 Next Level Agenda is focused on making sure Indiana remains a state of opportunity for all,” Gov. Holcomb said. “To do that, we must manage our way through the world’s worst pandemic in over a century.”

The 2021 Next Level Agenda includes five pillars detailing both legislative and administrative priorities for the year ahead.

Cultivate a strong and diverse economy

To continue our dedication to fiscal responsibility, Gov. Holcomb’s 2021 agenda calls for passing the state’s ninth straight balanced budget. As the number one manufacturing state in the nation per capita, the Governor will seek to enhance our status by expanding our Manufacturing Readiness Grants to enable companies to modernize their operations. The state will also stay on track to triple federal defense investment in Indiana by 2025.

Maintain and build the state’s infrastructure

The 2021 agenda is designed to enhance the infrastructure we have and finish projects already underway. The Governor will grow his nation-leading Next Level Connections Broadband Program with legislation to better reach additional areas of the state that are unserved or underserved with higher internet speeds. The state will continue projects including I-69 Section 6, the West Lake Corridor expansion and double-tracking the South Shore Line Rail projects, and the effort to plant one million trees across the state. Additionally, the Indiana Housing and Community Development Authority will create a comprehensive overview of our state’s housing supply.

Education, training and workforce development

The Governor remains committed to ensuring that K-12 schools receive 100 percent of their funding for the second half of the school year. He will also work to increase K-12 funding in the next biennial budget and at a minimum restore higher education funding cut in the last fiscal year due to the impact of the pandemic.

Gov. Holcomb will continue to prioritize finding long-term sustainable solutions to improve teacher compensation. He will review and consider recommendations of the Next Level Teacher Compensation Report. Among the recommendations is a proposal to improve school corporation data accessibility and transparency by creating a website to allow for easy comparisons of school corporation financial, expenditure, and compensation metrics relative to other districts. The dashboard launched today and can be viewed here.

The 2021 agenda also includes reviewing and reducing unfunded mandates on schools, retaining more higher education graduates in Indiana, and increasing minority teacher recruitment and minority participation in Workforce Ready and Employer Grant programs.

Public health

The Governor remains committed to the goal of becoming the best state in the Midwest for infant mortality by 2024 by protecting pregnant workers by providing more workplace accommodations. Using lessons learned in the pandemic, the agenda calls for reforming long-term care services to be outcome and quality-driven, and for initiating a comprehensive assessment of local health departments and state delivery of public health services.

Deliver great government service

The 2021 agenda includes regulatory and statutory changes prompted by the state’s COVID-19 response, including expanding telemedicine services, making virtual meeting options permanent and providing businesses and schools with coronavirus liability protections. Additionally, the agenda calls for removing barriers for Hoosiers to reinstate their driver’s license. Having a driver’s license is essential to finding and keeping a job, and the suspensions have a bigger impact on low-income populations, rural residents, and ex-offenders. The agenda also calls for continuing to improve services and increase the opportunity for the state’s minority populations.

“Responding to a global pandemic has caused us to rethink how we’ve done business and just as importantly, how we do business post-pandemic,” Gov. Holcomb said. “COVID-19 has shifted our course, but Indiana remains focused on what will make us stronger, with practical and people-centered solutions based on a foundation of civility.”

CenterPoint Energy And National Energy Foundation Launch Secondary And Vocational School Safety Training

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Beginning this month, CenterPoint Energy, in collaboration with the National Energy Foundation (NEF), will launch a new energy safety education program for secondary, vocational and college students providing relevant on-the-job safety education in Indiana. The Energy Safe Skills program will teach future job site workers how to be safe and protect the communities where they will work.

Energy Safe Skills is a safety education program geared toward vocational instructors and students studying for fields in construction, maintenance and related areas. This program provides essential safety information that everyone working on a job site or involved in job site activities needs to know about the hazards of working around buried natural gas pipelines and other utilities.

“The goal of this program is to provide utility safety education to those individuals who are on the cusp of joining the construction, engineering and maintenance industries. Understanding how to safely design, plan and work around buried utilities is critical to students’ personal safety on the job and their success in their future careers,” said Ashley Babcock, Director of Damage Prevention and Public Awareness at CenterPoint Energy.

Publicly accessible through EnergySafeSkills.org, this no-cost training provides instructors an interactive presentation, student quiz and supplementary STEM-based activities that can be completed within one or two classroom sessions. The curriculum covers characteristics of natural gas, natural gas leak recognition and response, the importance of contacting 811 and safe digging best practices.

“The biggest benefit of this program for teachers is that the interactive presentation and quiz are self-guided, which makes it easy to incorporate into a lesson plan regardless of the instructor’s comfort level and understanding of the topics,” said Kelly Flowers, Senior Program Director at NEF. “We’ve designed this training so the instructors can simply play the self-guided training to their students or they can be more active in leading the discussion.”

While the training is publicly available regardless of an educator’s location, some of the training content, specifically information about Indiana’s safe dig laws, is only applicable to Indiana. For more information about the Energy Safe Skills program, interested educators can visit EnergySafeSkills.org.

 

UE Faculty Senate Votes No Confidence in President’s Plan

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Evansville— 12/17/20 — The University of Evansville Faculty Senate today passed a vote of no confidence in the President’s draft academic alignment plan. The vote passed by a margin of 14 to 1 with 1 abstention.

The President of U of E made no comment on this result as he failed to attend the meeting.

The faculty will now have seven days to vote on this matter.

The resolution through which the Senate offered its position noted that the President’s draft plan does not recognize the faculty’s role within the university’s shared governance structure and does not accord with the university’s policies and procedures on curricular change.

The resolution asks the President of the University of Evansville to make a public written commitment to the following:

All proposals for curricular change within the final draft of the President’s academic alignment plan, including but not limited to all that on implementation would result in the loss of majors and/or faculty positions, will be submitted to the Curriculum Committee.

That committee will vote on those proposals and then submit its recommendations to the Senate. The Senate will review those recommendations and then vote to either approve them, reject them, or return them to the Curriculum Committee for further consideration.

Any recommendations approved by the Senate that relate to the addition or deletion of degrees and majors will be forwarded to the President, who will approve them, reject them or return them to the Senate for further consideration. Finally, any Senate recommendations endorsed by the President will be sent to the Board of Trustees, and the Board will approve them, reject them, or return them to the President for further consideration.

We, the UE AAUP chapter, thank the Senate for its careful and considered response to the President’s draft academic alignment plan. The resolution passed today is valid and necessary. In these difficult times, it is all the more important for the bodies that make up our university to follow its policies, procedures, and governance structures. By doing so, those bodies honor the principles that underpin the institution. We firmly believe that every facet of the University of Evansville is worthy of respect.

To learn more:

• Visit our website at saveue.com • Follow us on Facebook at Save UE

• Follow us on Twitter at @Save_UE • Follow us on Instagram at save.ue

• E-mail us at ueaaup@gmail.com

DWD Continues To Combat Fraudulent Unemployment Insurance Activity

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The rise in initial claims for the week ending Dec. 5 likely reflects a rise in fraudulent attempts

An elderly woman receives an overpayment notice on unemployment insurance (UI) claim, though she’s never filed for benefits. A company in southern Indiana discovers that claims have been filed using the names of several senior-level managers. And more broadly, across the state, more Hoosier employees are reporting their identities having been stolen to file even more claims.

For the week ending Dec. 5, 26,910 initial unemployment claims were filed with the Indiana Department of Workforce Development, a number likely inflated by the rise in fraudulent attempts to file UI claims. Indiana and many other states continue to combat the increase amid new and emerging fraud schemes.

“It’s really increasing in all forms and fashions,” said Regina Ashley, DWD’s chief unemployment insurance and workforce solutions officer, of the increase in fraudulent activity. “DWD has many prevention and detection tools in place to thwart as much of that activity as possible. But even with these tools, both individuals and employers are not immune to these attacks.”

DWD is responsible for administering unemployment benefits to Hoosiers. The coronavirus has led to an unprecedented increase in the number of individuals filing claims to receive unemployment benefits in regular UI programs as well as Coronavirus Aid, Relief and Economic Security (CARES) Act programs, specifically the Pandemic Unemployment Assistance (PUA) program. PUA is available to individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment compensation.

Roughly $100 million in federal funding has been made available to support state efforts to combat fraud and recover improper payments. The Government Accountability Office, the nonpartisan auditing agency that works for Congress, has cited fraud as one of the causes contributing to inflated claims numbers across the country.

DWD is working closely with the Indiana State Police, U.S. Department of Labor Office of Inspector General, FBI, Secret Service and the Indiana Attorney General’s Office, as well as several banking partners, to ensure appropriate prosecution and recovery of funds where possible, once identity theft is discovered. Once the theft is reported to DWD, the agency revokes the UI account and cooperates with law enforcement and banks, but it’s up to them, and not DWD, to locate the criminals and prosecute them.

To protect against identity theft, never post personal information online or to social media. Anyone awaiting their initial unemployment payment who posts on social media their name and personal information, asking for assistance to expedite their claim, is putting themselves at risk for fraud. Never pay anyone who says they can speed up your UI claim or get you your money faster. Also, monitor your credit reports and bank accounts.

If you do become a victim, freeze or put a fraud alert on your credit and notify your bank. Anyone who has received a fraudulent call and has given any personal information to a potential fraudster should contact the Federal Trade Commission to report the potential identity theft at https://www.identitytheft.gov/?utm_source=takeaction.

Employers should protest any fraudulently filed UI claim by completing the Benefits Claims protest form (640P) at: https://www.in.gov/dwd/indiana-unemployment/employers/forms-downloads. Employers also can report fraud through DWD’s fraud webpage at https://www.in.gov/dwd/2464.htm.

Regarding 1099 tax forms issued by DWD for unemployment benefits, DWD is disassociating UI payments from any claimant where there is a confirmed case of ID theft. So as long as this is done, the claimant will have no IRS issues. If ID theft has not been reported to DWD or DWD hasn’t tagged the account as ID theft, then this will not occur.

EPD DAILY ACTIVITY REPORT

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EPD

EPD REPORT

USI Men’s Basketball at UIndy postponed

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Eagles rescheduled game with Lewis for January 26

University of Southern Indiana Men’s Basketball game at the University of Indianapolis, scheduled for Sunday, has been postponed due to a COVID-19 close contact by UIndy players and coaches. The game will be rescheduled.

The Screaming Eagles have rescheduled their postponed December 5 game versus Lewis University for January 26 at 7 p.m. USI previously announced that the December 3 postponed game with the University of Illinois Springfield has been rescheduled for February 2 at 7 p.m. Both games are at Screaming Eagles Arena.

Sunday’s USI Women’s Basketball game at UIndy remains as scheduled.

AG Curtis Hill sues Google over monopolistic online advertising practices

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Attorney General Curtis Hill today joined nine other attorneys general in filing a lawsuit against Google for multiple violations of federal and state antitrust laws in connection with its multiple roles in the multibillion-dollar online display advertising industry.

The lawsuit alleges that Google monopolized – or attempted to monopolize – products and services used by advertisers and publishers in online display advertising. These anticompetitive practices demonstrably harmed publishers’ abilities to monetize content, increased advertisers’ costs to advertise and directly harmed consumers. The complaint also alleges that some of Google’s business tactics are misleading.

In October, Attorney General Hill joined a federal antitrust lawsuit against Google. Both lawsuits aim to limit Google’s monopolistic business practices in various online markets.

“It is time for Google’s reign as an untouchable tech monopoly to come to an end,” Attorney General Hill said. “Google’s anticompetitive online advertising practices harm everyone who isn’t Google, and we must do everything we can to level the playing field.”

Google’s monopolization of online display advertising includes an anticompetitive agreement with Facebook and suppressing competition in multiple relevant markets by a variety of other means, all of which harms consumers in violation of the antitrust laws, the attorneys general allege. In addition to representing both the buyers and sellers of online display advertising, Google competes directly against the buyers and sellers it separately represents, all while operating the largest exchange of those buyers and sellers.

EPA Announces Historic Approval of Florida’s Request to Administer the Clean Water Act Section 404 Program

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U.S. Environmental Protection Agency (EPA) announced that the State of Florida is the first state in more than 25 years to apply for and receive approval to implement a Clean Water Act (CWA) Section 404 program, joining Michigan and New Jersey as the only states in the country with such authority. Today’s action formally transfers permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State. This action allows the State to more effectively and efficiently evaluate and issue permits under the CWA to support the health of Florida’s waters, residents, and economy.

“A considerable amount of effort has gone into Florida’s assumption of the Clean Water Act 404 program,” said EPA Administrator Andrew Wheeler. “Federal authorities don’t delegate this type of permit often, but Florida has, beyond question one of the greatest environmental records of any state, and I couldn’t be happier that Florida has shown it can meet the strict national standards EPA sets to protect human health and the environment.”

“After a rigorous review, analysis and coordination process, EPA is pleased that the state of Florida will assume responsibility of its Clean Water Act Section 404 program,” said EPA Region 4 Administrator Mary S. Walker. “This approval is truly a reflection of the high-level scientific and regulatory expertise of the environmental professionals at the state, federal and tribal levels who ensured a legally and technically sound program. This monumental milestone will allow Florida to administer this program to best fit enhanced protection of its natural resources.”

EPA Administrator Andrew Wheeler made the announcement at a press conference with Florida Department of Environmental Protection (FDEP) Secretary Noah Valenstein, White House Council on Environmental Quality Chairman Mary Neumayr, U.S. Congressmen Mario Diaz-Balart (FL-25), Gus Bilirakis (FL-12), Dan Webster (FL-11), John Rutherford (FL-04), Michael Waltz (FL-06), and Greg Steube (FL-17), EPA Assistant Administrator for Water Dave Ross, Principal Deputy Assistant Secretary of the Army for Civil Works Ryan Fisher, EPA Region 4 Administrator Mary S. Walker, U.S. Fish and Wildlife Service (FWS) Director Aurelia Skipwith, and U.S. Department of the Interior Deputy Assistant Secretary for Water and Science Aubrey Bettencourt.

On August 5, 2020, EPA Region 4 Administrator Walker and FDEP Secretary Valenstein, signed a Memorandum of Agreement (MOA) as part of the assumption process. On August 20, 2020, Governor Ron DeSantis submitted a request for EPA to conduct a review and approve Florida’s program to assume administration of the CWA 404 program. Florida’s submission met the standards established under Section 404 of the CWA and implementing regulations and will ensure the protection of Florida’s aquatic resources equal to our better than the existing federal permitting program.

“Florida continues to be a pioneer of environmental protection. This is a historic moment for our agency and our state,” said FDEP Secretary Noah Valenstein. “We appreciate EPA’s stringent, public review and approval of DEP’s assumption of this program. Our waters and wetlands are critical to our economy and way of life in Florida. As such, it is important for the state to be in charge and take the lead in their protection. We are pleased that with the assumption, Florida scientists and permitters will now be accountable for state and federal wetlands permits. DEP staff know the state’s resources best and have the expertise to ensure their protection.”

“Today’s action is a great milestone for cooperative federalism,” said Secretary of the Interior David L. Bernhardt. “I commend Administrator Wheeler who led this effort, and all who worked so hard to get to this point.”

“This designation is great news for the State of Florida – it gives our state the ability to make the best decisions for our unique environment, with input from the public and environmental stakeholders. The duplicative rules on the state and federal levels were a waste of taxpayer dollars, and created confusion for everyone involved, which is why I fought to streamline this process. I will keep working to cut unnecessary government red tape and improve efficiency on every level of government, while also making sure our environment is protected for generations to come,” said U.S. Senator Rick Scott. 

“Today’s announcement is a tremendous accomplishment for Florida, especially as we continue our Everglades restoration efforts,” said U.S. Congressman Mario Diaz-Balart (FL-25). “Allowing the state to take over the 404 permitting process will significantly streamline restoration projects, while still protecting the greater environment. I thank Administrator Wheeler and Regional Administrator Walker, as well as all the other key players who worked diligently to make this happen. I have no doubt that we will see the benefits of this decision for years to come.”

“Today is a great day for Florida and everyone who cares about protecting our wetlands and clean water and streamlining government regulations. The Sunshine State has a strong track record of protecting our unique environment and Floridians care deeply about their environment and natural resources. Everglades restoration, key infrastructure projects, sustaining protections on wetlands and endangered species, and taxpayer dollars – are all beneficiaries of today’s announcement. I thank Administrator Wheeler and look forward to continuing to work with him, Secretary Bernhardt and Secretary Valenstein to protect and support Florida’s water, Floridians and our economy,” said U.S. Congressman Dan Webster (FL-11). 

“As Floridians, we understand the important role the environment plays in our economy and our way of life,” said Congressman John Rutherford (FL-04). “Today’s announcement by Secretary Bernhardt and Administrator Wheeler is a big win for Florida, allowing our state to streamline permitting for water projects while continuing to uphold the highest level of environmental standards. This is just another example of President Trump and Governor DeSantis’s dedication to protecting Florida waters while reducing bureaucracy and making government run more efficiently.”

“This Administration has done more for clean water in Florida than any other in modern history. Water quality has improved in the Everglades, across Florida’s National Estuary Program network, and Harmful Algal Blooms are being targeted in Florida’s springs and salt water ecosystems. Florida will do a better job at efficiently and effectively issuing permits for necessary infrastructure than the federal government has. State assumption of the permitting program will reduce project costs and save taxpayer dollars. As a next step, I’m looking forward to working with EPA on modernizing the Clean Water State Revolving Fund allocation which disadvantages states like Florida that have growing water infrastructure needs,” said U.S. Congressman Mike Waltz (FL-06).

“I thank Administrator Wheeler for his diligence on this historic accomplishment for Florida’s infrastructure and water quality priorities. Without these unnecessary and duplicative permitting processes, projects of all sizes will be streamlined to maximize efficiency and our state will be given the flexibility to make our own decisions that are best suited for our environmental and economic interests,” said U.S. Congressman Greg Steube (FL-17).

“President Trump has made it a priority of his Administration to pursue balanced water policies that protect our environment and meet the needs of the American people,” said CEQ Chairman Mary Neumayr. “Today’s historic announcement is a testament to what can be accomplished through efficient coordination across all levels of government, and I applaud EPA, the State of Florida, the Department of the Interior, and the U.S. Army Corps of Engineers on this achievement.”

“The Army is pleased to support the State of Florida in its effort to balance environmental protection with economic development,” said Ryan Fisher, Principal Deputy Assistant Secretary of the Army for Civil Works. “The citizens of Florida will have continued protections under the Clean Water Act with the benefit of infrastructure permitting decisions being made at the state level.”

EPA solicited public review and comment on Florida’s proposed program and engaged in extensive stakeholder outreach to ensure that all views were considered during the statutorily mandated 120-day decision period.  EPA hosted two virtual public hearings during its review. Additionally, as part of the review process set forth by the CWA and its implementing regulations, EPA sought input from other applicable agencies and reviewed Florida’s proposal for consistency with the CWA. EPA determined that the Florida has the necessary authority to operate a CWA Section 404 program and FDEP’s program is consistent with and no less stringent than the requirements of the CWA and its implementing regulations.

Part of the review process included the development of a comprehensive Biological Evaluation of more than 200 endangered species throughout Florida. EPA also consulted with FWS under Section 7 of the Endangered Species Act, resulting in the issuance of a Biological Opinion and Incidental Take Statement related to the approval and implementation of Florida’s program. EPA also completed consultation under Section 106 of the National Historic Preservation Act, and entered into a Programmatic Agreement with FDEP, the State Historic Preservation Officer, and the Advisory Council on Historic Preservation to ensure that historic properties and cultural resource concerns are addressed as part of Florida’s program implementation.

 

ADOPT A PET

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Winter is a female Rex rabbit. She’s 8 months old and is super soft due to her Rex fur! She was found as a stray, which for a bunny, means she was most likely dumped. Her $50 adoption fee includes her spay and microchip. Get details atwww.vhslifesaver.org/adopt!

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