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David M. Uhlmann | law.umich.edu

EPA highlights pursuance efforts

According to a press release issued by the U.S. Environmental Protection Agency (EPA), the agency has highlighted its enforcement actions in 2023 to protect communities from the dangers of lead-based paint. The EPA released a summary of the actions taken by the agency in 2023, emphasizing its commitment to stringent enforcement of lead paint laws.

Assistant Administrator David M. Uhlmann, for EPA's Office of Enforcement and Compliance Assurance, emphasized the agency's commitment to stringent enforcement of lead paint laws, stating, "No family should have to suffer adverse health impacts from exposure to lead because a property manager, landlord, or renovator failed to follow lead-safe work practices."

The press release highlighted the significant health risk posed by over 34 million older homes in the United States that still contain remnants of lead paint. These homes put 3.3 million households with children under six at risk. The EPA mandates that renovation firms use certified renovators and lead-safe work practices and disclose any known lead paint in homes to potential tenants or buyers.

The EPA's enforcement actions in 2023 are a continuation of the agency's Federal Lead Strategy, with a focus on reducing lead exposures in communities historically impacted by lead paint. The agency is targeting property managers, renovators, and landlords to ensure compliance with regulations that minimize the public's exposure to lead.

The press release highlighted a few notable cases from 2023. In one case, an Indiana contractor was sentenced to 16 months in prison for multiple lead paint violations. In another case, Logan Square Aluminum Supply, a Chicago-based firm, settled for a $400,000 penalty and committed to $2 million in lead paint abatement work in lower-income properties.

Administrative actions have also been pursued. An administrative law judge upheld the EPA's allegations against GreenBuild Design and Construction, LLC, an Anchorage, Alaska firm, and penalized the violator $25,609 for repeated violations of lead paint renovation rules.

The EPA's concern for the welfare of servicemembers and their families was also evident in their actions. The agency issued subpoenas to companies managing privatized military housing to assess their compliance with lead paint regulations.

In addition to enforcement actions, the EPA has released an Environmental Justice Toolkit for Lead Paint Enforcement in 2023. This toolkit provides strategies and best practices for federal, state, Tribal, and local governments to enforce and monitor compliance, with the goal of eliminating harmful lead paint exposures in overburdened communities.

The EPA's efforts in 2023 demonstrate their commitment to protecting communities from the dangers of lead-based paint and ensuring compliance with regulations to minimize lead exposure.