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.

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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

PFAS Contamination and Cost Recovery NRWA Article (Repost) with comment

PFAS Contamination and Cost Recovery

“This report contains important information on PFAS contamination and a cost recovery program for testing, treatment and remediation initiated by the National Rural Water Association on behalf of rural water and wastewater utilities across America.

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFAS have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s. PFOA and PFOS have been the most extensively produced and studied of these chemicals. Both chemicals are very persistent in the environment and in the human body – meaning they do not break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects like kidney damage, cancer, developmental effects to fetuses, and other illnesses.

In 2016, the Environmental Protection Agency lowered the health advisory level from 400 parts per trillion to 70 parts per trillion. Since that change was made, states have taken independent actions ranging from the adoption of the recommended health advisory level of 70 ppt to a much lower allowable level. As a result, systems of all sizes are experiencing increased cost for testing treatment and remediation. At the same time, the EPA has made PFAS contamination a priority and action has been taken to label PFAS as a hazardous substance. This will impact wastewater utilities and the disposal of bio-solids into a hazardous landfill if PFAS is detected.

In 2019, the National Rural Water Association recognized the financial burden on systems and joined the law office of Napoli Shkolnik PLLC to bring these systems together that have concerns or have been affected by PFAS contamination. This potential landmark contamination case could help water and wastewater systems recoup money spent on treatment and remediation. The sole purpose is to allow utilities the opportunity to recover their cost associated with testing, treatment and remediation with no upfront cost to the utility.

It is recommended that utilities register for cost recovery if they have tested and detected PFAS at any level or if the water source is near a potential PFAS contamination site. These sites include, but are not limited to, airports, military bases, fire training activity areas, landfills and/or manufacturing facilities. There are three key points to this action:

  1.  The action is for cost recovery as opposed to punitive and is filed against the global manufacturers of the compounds, not any local companies who may have used them.
  2.  There are no upfront costs to the utility to register for cost recovery.
  3.  Once a settlement is reached, the utility has the option of accepting the settlement or declining.

Utilities can find more information about PFAS contamination here and register for cost recovery here.”

Note:

1. This is one reason the EPA should not set a formal standard.
2. The second reason – once it is removed from the water – where will it go and who will be responsible for this stuff??
3. Why we suggest ordering a Neighboorhood Hazard Reports

Informational PFAS Water Testing Program (PFAS PFOS Drinking Water Testing Forever Chemicals – PFOA, PFOS, Gen X Compounds in Drinking Water).

Get Treatment

EPA officials recommend NSF and ANSI Certified filters to reduce PFOA and PFOS. ” P473: Drinking Water Treatment Units – PFOA and PFOS — to verify a water treatment device’s ability to reduce perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to below the health advisory levels set by the U.S. Environmental Protection Agency (EPA).”

Treatment Options: (Point of Use Filters meets P473 and other standards)

Aquasana OptimH2O Reverse Osmosis Under Sink Water Filter System

AO Smith 2-Stage Under Sink Clean Water Faucet Filter – NSF Certified Carbon Block Drinking Water Filtration System

 

PFAS PFOS Drinking Water Testing Forever Chemicals – PFOA, PFOS, Gen X Compounds in Drinking Water

One of the most important issues related to consumer products, the environment, and the public health is the new problem “forever chemicals” and a specific group called PFAS.  PFAS are man-made per- and polyfluoroalkyls chemicals that includes PFOA, PFOS, GenX, and others.   Starting in the 1940s, these chemicals have been manufactured around the world and these chemicals historically can be found in food packaging,  commercial household and personal products,  manufacturing  and industrial facilities, waste discharges, landfill leachate, and firefighting products and clothing.  At this moment, the PFOA Stewardship Program has phased out SOME of these PFAS chemicals so they are no longer manufactured in the United States.

But wait, we are a global community and these compounds can bioaccumulate and can now be found in the environment and US (That is right You and me!)  and the available studies suggest that these PFAS chemicals (PFOA and PFOS) can adversely impact human health.  In animal studies, these chemicals have shown to cause tumors, adversely impact the liver and kidney, reproductive system, impact developmental,

The most-studied PFAS chemicals are PFOA and PFOS. Studies indicate that PFOA and PFOS can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals. Both chemicals have caused tumors in animals. Human epidemiology studies have shown these chemicals increased cholesterol levels and the available data suggests these compound also negative influence infant birth weights,  reduced immune system, thyroid hormone, ulcerative colitis, and potentially cause cancer.

The routes of exposure to this compounds includes are work environment,  foodborne routes, commercial products, and our drinking water.   If you work in a facility using PFAS or producing products made with PFAS you can be exposed direct exposure or contaminated air.   Foodborne routes included contaminated equipment used to process food, food packaging (coated cardboard / fast food paper), cookware (use PFOA Free Cookware) and/or the environment and conditions under which the food is grown.   PFAS exposure can come from consumer products like water-repellent, nonstick cookware, stain-water repellants, cosmetics, cellphones,  lubricants and much more.    Since these chemicals are not routinely tested in drinking water and they are difficult to breakdown, PFAS has been found in drinking water sources that include streams, lakes, groundwater, well water, springs, and even city water. “Testing by the EPA has determined that 6.5 million people have been exposure to PFOA in their drinking water and the chemical has been detected in over 94 public water supplies in 31 different states” and in 2004 99.7% of Americans had detectable levels of PFOA in their body”.   The EPA advisory limit, not enforceable, for PFOA and PFOS in drinking water at 70 parts per trillion (Update).

The Keystone Clean Water Teams goal is to provide resources to help you get your water tested and to provide fact based information.    Since this testing is normally not readily available, we have partnered with a national testing company to provide you with some testing options.    We are offering these 4 informational testing packages.

Go to ResinTech is a global leader in ion exchange for water purification, helping distributors and operators worldwide (Forever Chemical Testing)

Note: Informational Testing (Level 3): “Results are not intended to be used to meet any regulatory requirements or for litigation purposes. Results are for informational and educational purposes only and are useful in determining general water quality and safety”. “Laboratory tests were conducted by methods approved by the U.S. Environmental Protection Agency or variations of these EPA Methods”. Informational Water Testing conducted through a partnership between the Keystone Clean Water Team, B.F. Environmental Consultants, and Resin Tech Inc. The results of this testing are intended for an educational or informational purpose only and not used for a regulatory function or litigation.  If you are looking for Well Water or City Water Testing.

Get Treatment

EPA officials recommend NSF and ANSI Certified filters to reduce PFOA and PFOS. ” P473: Drinking Water Treatment Units – PFOA and PFOS — to verify a water treatment device’s ability to reduce perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to below the health advisory levels set by the U.S. Environmental Protection Agency (EPA).”

Treatment Options: (Point of Use Filters meets P473 and other standards)

Aquasana OptimH2O Reverse Osmosis Under Sink Water Filter System

AO Smith 2-Stage Under Sink Clean Water Faucet Filter – NSF Certified Carbon Block Drinking Water Filtration System