EPA Enforcement Actions Help Protect Health of Vulnerable Communities from Lead Paint Hazards

WASHINGTON (October 28, 2022) – As part of National Lead Poisoning Prevention Week, today the U.S. Environmental Protection Agency (EPA) highlighted several federal enforcement actions completed from October 2021 through September 2022, as well as future planned investigations. These actions ensure that renovation contractors, landlords and realtors comply with rules that protect the public from exposure to lead from lead paint. By bringing companies into compliance with these rules, EPA protects future customers and their families.

Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 presents one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead.

“Because lead-based paint is the most common source of elevated blood lead levels in U.S. children, EPA is taking action against those who violate federal lead-based paint regulations and ensuring the public understands the danger of this hazard,” said Larry Starfield, EPA’s Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance. “The enforcement actions EPA took this past year send a clear message that EPA is committed to enforcing regulations designed to protect the public from lead-based paint exposure.”

Reduction of childhood lead exposures is a high priority for EPA. These enforcement actions reflect the agency’s continuing commitment to implementing the Federal Lead Strategy and EPA’s Lead Strategy and result in reducing or eliminating lead exposures, particularly to children.

Regulations 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 such as pre-schools and child-care centers. TSCA’s Renovation, Repair and Painting Rule (RRP) and Lead-based Paint Activities Rule require contractor certification and lead-safe work practices. LHRA’s Section 1018 Lead Disclosure Rule requires disclosure of information about lead-based paint before the sale or lease of most housing built before 1978. By ensuring compliance with federal lead-based paint requirements, EPA addresses a major source of lead exposure that occurs in communities across the nation.

The cases below involve alleged noncompliance with at least one of these lead paint requirements. These cases highlight the range of the Agency’s work, including:

  • criminal prosecution in conjunction with the U.S. Department of Justice (DOJ),
  • a focus on geographic areas that suffer from disproportionate levels of lead exposure, and
  • bringing civil administrative actions against renovators with a far-reaching influence on the compliance landscape locally, regionally or nationwide.

By ensuring compliance with federal lead paint requirements, EPA strives to address major sources of lead exposure that occur throughout the nation and particularly in areas of environmental justice concern. In addition to EPA’s actions, the Agency supports states, tribes, and territories on the implementation and enforcement of the EPA-authorized lead-based paint programs.

Although the federal government banned residential use of lead-based paint in 1978, it persists in millions of older homes, sometimes under layers of new paint. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching their fullest potential for their health, intellect, and future development. Even small amounts of lead dust can cause harm to children living in the home.

Case Highlights:

Two Chicks and a Hammer, Inc. of HGTV’s “Good Bones” Settle to Resolve Alleged Renovation, Violations

Warner Bros. Discovery Network’s “Maine Cabin Masters” Renovator Agrees to Include Lead Paint Compliance Information in Upcoming Episodes as Part of Settlement

GB Group, Inc. Settles to Resolve Alleged Renovation Violations

Property Management Firm Settles Alleged Lead Renovation and Asbestos Violations

Property Manager Sentenced for Failure to Properly Notify Tenants about Lead Hazards

Owner of Maryland Lead Inspection Company Sentenced

To see additional highlights of FY2022 enforcement actions involving lead, see EPA’s 2022 Lead Enforcement Bulletin.

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more about reporting environmental violations.

Healthy Home and Health Community Articles

Lead in Drinking Water and Impacts on Wildlife

Asbestos  is a naturally-occurring mineral created by geochemical processes within our planet. Although infamous for its link to cancer, it also has many potential beneficial properties. The difficulty is to avoid the negative aspects of this potentially dangerous mineral while enjoying its positive aspects.

Radon – Radionuclides – Cancer (Polycythemia vera (pol-e-sy-THEE-me-uh VEER-uh)) – Radon is a gas produced by the radioactive decay of the element radium whose remote parent is either uranium or thorium

Forever Chemicals – What Are PFOA, PFOS, PFAS, and PFCs ? Per- and polyfluoroalkyl substances (PFAS) are a grouping of man-made fluorinated organic chemicals that have a wide range of use in industrial application and commercial goods

Asbestos in Drinking Water and Environment

Asbestos is a fibrous mineral occurring in geologic deposits.   Asbestos can enter the drinking water through the natural weathering of geological material containing asbestos or for a period of time cement water lines were used that contained asbestos.  As the water lines decay, the asbestos enters the drinking water.   “Asbestos is a generic term used to describe hydrated magnesium silicate minerals that crystallize as bundles of long, thin fibers which readily separate when broken or crushed. These minerals include chrysotile (serpentine) and fibrous varieties of amphibole group minerals such as crocidolite, amosite, anthophyllite, tremolite, byssolite, and actinolite. The special properties of asbestos — high tensile strength, flexibility, and resistance to heat, chemicals, and electricity — have made it well suited for a number of commercial applications, particularly as fire-resistant tiles and insulation (Source).”

They are found in areas with igneous and metamorphic bedrock.   Asbestos exposure has been linked to these manufacturing sectors: shipyards, power plants, chemical plants, oil refiners, and mining.  The following trades are more likely to be exposed to asbestos drywall tapers, electricians, firefighters, auto mechanics, and plumbing and heating contractors.  This is one reason we suggest you obtain a copy of your Neighborhood Hazard Report and if you are a public water customer to get a copy of your consumer confidence report (see below).

In 1974, the  maximum contaminant level goal, i.e., MCLG,  for asbestos was 7 million fibers per liter or MFL. In 1992, the Phase II Rules set the drinking water standard at 7 million fibers per liter was adequate to protect human health.  Some people who drink water containing asbestos well in excess of the maximum contaminant level (MCL) for many years may have an increased risk of developing benign intestinal polyps.

For large scale water treatment – coagulation/filtration, diatomaceous earth filtration, nanofiltration, and corrosion control with sequestering are commonly used.   For residential treatment – the most likely and reliable form of treatment would be a combination of reverse osmosis system that includes a filtration system that removes particles < 1 micron.  This would include microfiltration, ultrafiltration & nanofiltration.  The appropriate NFS Standards that would apply would be NSF / ANSI 53 and NSF/ ANSI 58.

NSF/ANSI Standard 53: Drinking Water Treatment Units – Health Effects
Overview: Standard 53 addresses point-of-use (POU) and point-of-entry (POE) systems designed to reduce specific health-related contaminants, such as Cryptosporidium, Giardia, lead, volatile organic chemicals (VOCs), MTBE (methyl tertiary-butyl ether), that may be present in public or private drinking water.

NSF/ANSI Standard 58: Reverse Osmosis Drinking Water Treatment Systems
Overview: This standard was developed for point-of-use (POU) reverse osmosis (RO) treatment systems. These systems typically consist of a pre-filter, RO membrane, and post-filter. Standard 58 includes contaminant reduction claims commonly treated using RO, including fluoride, hexavalent and trivalent chromium, total dissolved solids, nitrates, etc. that may be present in public or private drinking water.

other routes of exposure – Airborne
Asbestos dust was been found to have carcinogenic effects.  The inhalation of asbestos fibers can cause fatal illnesses like malignant lung cancer, mesothelioma, and asbestosis.

EPA Website on Asbestos

Quizlet on Asbestos

City Water Customers for Public Water Supplies – Check your consumer confidence report.

Healthy Homes / Healthy Community Article on Asbestos

N.J., Pa. weigh how much to regulate deadly radon

http://www.philly.com/inquirer/local/nj/20100809_N_J___Pa__weigh_how_much_to_regulate_deadly_radon.html
Posted on Mon, Aug. 9, 2010

N.J., Pa. weigh how much to regulate deadly radon

By James Osborne
Inquirer Staff Writer

When it comes to carcinogens that industrial plants dump into the water, the government generally takes a hard line on levels of public exposure.
But public health officials accept far greater risk with the naturally occurring radioactive substance radon, which enters homes from the ground and underground aquifers through basements and water pipes.

The radioactive gas, the dangers of which have been known for decades, is so prevalent in nature that getting to the standard risk level would be nearly impossible.

New Jersey and Pennsylvania are among a number of states plentiful in radon. For more than a decade, state and federal governments have held off in regulating how much of the gas should be allowed in drinking water. The New Jersey Department of Environmental Protection is analyzing data as it considers its next step.

In a report last year, the scientific body charged with this task, the New Jersey Drinking Water Quality Institute, recommended that homes and schools have mandatory air tests – nearly all radon-related deaths come from lung cancer – and a maximum level for drinking water set at a point where an additional 1 in 2,000 people would develop cancer over a lifetime of exposure.

That’s 500 times the accepted risk for the standard industrial pollutant.

The DEP is reviewing the institute’s report and will conduct its own inquiry, said John Plonski, assistant commissioner for water resources. “We are taking this very seriously,” he said.

There is no time frame for when possible radon regulations would be in place, Plonski said.

Scientists estimate that more than 200,000 New Jerseyans – primarily in the northwest, but also in parts of Gloucester County – are exposed to radon levels at or greater than the prescribed level.

Over the last two decades, public water systems have at times reached levels more than 25 times the allowable radon exposure recommended to DEP, according to the institute’s data.

That’s because excess radon is found in underground aquifers, not in water drawn from rivers, where the gas escapes.

In areas where radon is known to be prevalent, some residents intentionally stand back when they turn on the faucet or shower, which sends the radioactive gas in the water into the air. But many never think about it until they’re selling their home and are requested by the buyer or mortgage company to have a radon air test performed. The tests are not required in Pennsylvania or New Jersey, according to state environmental officials.

“Most people don’t realize because it’s odorless and colorless,” said Ed Knorr, a self-employed home contamination inspector and environmental activist in Gloucester County.

“When I tell them they have a radon problem, some will turn around and look at it as being a serious concern. Others will say, ‘Oh, well, it hasn’t killed me yet.’ Until there’s a real good program put out there, most people are never going to know.”

To install filtration systems and bring New Jersey’s water-distribution systems in line will cost about $79 million over 20 years, according to the institute’s report. That doesn’t include private wells, upon which about 40 percent of the state relies.

In the macabre math of public health, that works out to $400,000 for each person whose death from breathing and drinking radon would be prevented over 70 years, according to an institute analysis.

The cost of bringing down radon in homes with private wells is likely to be high as well, with home filtration systems running between $3,000 and $5,000, Knorr said.

With New Jersey’s economy in peril, environmentalists are skeptical that Gov. Christie will move forward on radon regulation.

Since taking office in January, Christie’s administration has delayed a number of proposed environmental regulations, including a decision on perchlorate, a chemical found in fertilizer and rocket fuel that has been found in drinking water in North Jersey.

The U.S. Environmental Protection Agency first proposed regulating radon levels in groundwater in 1999. The outcry was intense, with water officials across the country portending massive rate increases. A decade later, the agency’s proposed rule still is not finalized, an EPA representative said.

Pennsylvania, which has elevated radon levels across most of the eastern half of the state, does not regulate radon and also is awaiting a decision by the EPA, said a representative for the Pennsylvania Department of Environmental Protection.

The fact is, radon is everywhere – in the air, the water and in the ground. In many areas, just breathing will increase the cancer risk in more than one in a million people, said Judith Klotz, a public health professor at Drexel University who helped write the institute’s report.

So the question becomes: What level is acceptable at what cost?

“There is a background risk of developing lung cancer from just living on this planet,” Klotz said. “We looked at distribution of radon in the groundwater, the cost of treatment, the risks at various levels.”

A limit of one additional cancer death per 2,000 people “seemed a reasonable recommendation,” she said.

Bill Wolfe, the New Jersey director of Public Employees for Environmental Responsibility, has been a frequent critic of the DEP since he left the agency a few years ago.

The process of weighing expense against human life is a job for the Legislature, not one the state’s scientists should undertake, Wolfe says.

“DEP is supposed to base its decision on science. If they propose a law that is to bankrupt the state, it’s not their job to decide whether that’s right or not,” he said. “If it’s going to be $12 more a month on the water bill, then let’s have the debate.”

It’s difficult to gauge how the public would react in choosing between high levels of radon in groundwater and increased water bills, said Edward Christman, an environmental health professor at Columbia University.

He has worked on groundwater issues for decades and believes public reaction to potential loss of life has less to do with quantifiable risk than the form death might take.

“The public perception of this risk is small because [radon] doesn’t smell, it doesn’t kill you right away,” he said. “Driving a car is a higher risk, for instance. But it’s a risk the general public is willing  to accept without too much worry.”