EPA fines Kansas renovator over alleged TSCA violations

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EPA fines Kansas renovator over alleged TSCA violations

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E&J Painting LLC, a company based in Leavenworth, Kansas, has agreed to pay a civil penalty following allegations of violating the federal Toxic Substances Control Act (TSCA). The U.S. Environmental Protection Agency (EPA) reported that E&J Painting did not adhere to regulations designed to minimize lead-based paint exposure risks during renovations.

The EPA highlighted that E&J Painting, which also operates under the name Swann Painting, undertakes renovation work on private military housing at Fort Leavenworth. The company allegedly failed to secure necessary certification for renovating homes constructed before 1978 when lead-based paints were prohibited for residential use. Additionally, it did not inform homeowners about potential lead hazards, maintain required renovation records, post warning signs around renovation areas, or adequately clean dust and debris from work sites.

David Cozad, Director of the EPA Region 7 Enforcement and Compliance Assurance Division, emphasized the importance of protecting military personnel and their families from lead exposure risks. "We must protect the men and women who serve and their families from the dangers of lead exposure," Cozad stated. "Contractors who work in military housing must follow the law, and EPA is committed to holding them accountable when they don’t."

The violations came to light during an October 2023 site inspection followed by a February 2024 records inspection. In response to these findings, E&J Painting has agreed to pay a $1,495 civil penalty and has since obtained the necessary certification for future compliance with federal laws.

Under EPA's Lead Renovation, Repair, and Painting program regulations, companies performing renovations are required to obtain certification prior to commencing work. These rules aim to ensure adherence to lead safety practices while maintaining proper records and notifying homeowners about potential hazards related to renovation activities.

Lead-contaminated dust from deteriorating lead-based paint in homes built before 1978 is a prevalent cause of elevated blood lead levels in children. Infants and children are particularly susceptible due to their higher absorption rates compared to adults and increased sensitivity of their developing brains and nervous systems.

Reducing childhood lead exposure remains a priority for the EPA. Individuals can report suspected violations through the agency's dedicated page for reporting complaints related to lead-based paint.

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