Rental Co. Faces Fine for Failing to Inform Residents of Lead Paint

Rome, New York Rental Company Faces Fine for

Failing to Inform Residents about the Presence of

Lead-based Paint and its Dangers

Contact: Elias Rodriguez, (212) 637-3664, rodriguez.elias@epa.gov

(New York, N.Y. - March 16, 2012) The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments. It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint.

“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”

Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.

EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home. Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.

The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.

In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).

For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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News Release from EPA Region 2 - Battery Recycling

EPA Reaches Agreement with Battery Recycling Company, Inc. of Arecibo, Puerto Rico

To Reduce Lead Pollution

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov; Brenda Reyes, 787-977-5869, reyes.brenda@epa.gov

(New York, N.Y. - Feb. 23, 2012) The U.S. Environmental Protection Agency has reached a legal agreement with the Battery Recycling Company, Inc. requiring it to take multiple actions to reduce the spread of lead contamination from its Arecibo, Puerto Rico facility. As part of an ongoing investigation of the facility, the EPA identified violations of federal regulations governing the proper handling of hazardous materials. The agreement announced today requires the company to take immediate steps to address the environmental violations and prevent releases of lead and other pollutants from the site. The company will invest more than $3 million in facility upgrades and will undertake three environmental projects to benefit the community. The Battery Recycling Company has agreed, at this time, to pay a $112,500 penalty for alleged violations of the hazardous waste law.

Lead is a toxic metal that can have serious, long-term health consequences for adults and children. Even at low levels, lead can cause I.Q. deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and other behavioral problems in children.

“Lead is a dangerous toxin that can affect a child’s ability to learn. We need to do everything possible to protect the children of Arecibo from being exposed to lead. This agreement reached by the EPA and Arecibo Battery Recycling does just that. It will also help protect the health of the workers at the plant and all people living near the facility,” said Judith A. Enck, the EPA Regional Administrator.

The EPA inspections identified significant violations of federal air, water and hazardous waste regulations. The air and water violations were addressed in previous EPA orders issued to the company. The agreement announced today addresses the hazardous waste violations under the federal Resource Conservation and Recovery Act.

The Battery Recycling Company, Inc. is a lead smelter that recycles used motor vehicle batteries and produces approximately 60 tons of lead per day. Throughout 2010 and 2011, the EPA conducted a series of inspections of the facility to determine its compliance with federal laws and regulations. The facility was found to generate lead-contaminated dust during battery processing, lead smelting and refining operations, and the storage and handling of waste. Workers have also carried lead dust on their clothes and equipment into their cars and homes, putting their families and others at risk.

Under the agreement announced today, Battery Recycling will completely enclose the lead recycling processing areas and run all emissions through dust collection systems. The company will also finish building a new dust collection system to capture lead dust within the work area. Trucks and automobiles leaving the facility will be washed and inspected to reduce the spread of lead dust. Facility roads will be paved and pavements will be cleaned, in many cases, at least twice each day.

Battery Recycling has also agreed to fund the following local projects:

• Purchase of a vacuum sweeper vehicle to clean facility roadways of lead dust or other pollutants. It will improve the collection of dust and dirt and the proper disposal of the waste. The project is estimated to cost a minimum of $180,000.

• Purchase special equipment to compress dust from collection storage bins into pellets for easier handling. The project is estimated to cost a minimum of $150,000

• Provide assistance to local high schools in Puerto Rico to improve environmental education involving the safe handling and disposal of old chemicals. The project is estimated to cost a minimum of $150,000

The order announced today is the latest in a series of actions the EPA has taken to protect people’s health and the environment in Arecibo. Under previous agreements with the EPA, Battery Recycling improved existing employee changing areas, installed a decontamination station for vehicles entering and leaving facility processing areas, and trained employees to ensure that “clean” and “dirty” lockers and changing areas are kept separate and used in a way that minimizes contamination between the areas. Battery Recycling is now also required to follow a standard operating procedure manual for continuously monitoring compliance with previous orders.

To learn more about EPA’s efforts to reduce lead risks, visit: http://www.epa.gov/lead.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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News Release from EPA

Tuesday, February 21, 2012
Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Pennsylvania Company Settles Toxic Chemical Reporting Violations at Nazareth, Pa. Facility

PHILADELPHIA (February 21, 2012) -- The U.S. Environmental Protection Agency today announced that Essroc Cement Corporation has agreed to pay a $82,000 penalty to settle alleged violations of toxic chemical reporting requirements at its manufacturing facility located at 401 West Prospect St., Nazareth, Pa.

According to EPA, Essroc failed to submit three years of required reports on a regulated toxic chemical (lead) which was processed at this facility.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA). This law requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual toxic chemical release form with EPA and the state. These reports are used to compile the Toxic Release Inventory (TRI) -- a publicly available EPA database, searchable by zip code, that contains information on toxic chemical releases and waste management activities.

The multi-establishment Nazareth, Pa., plant processes lead as part of the manufacturing process for bulk and packaged cement. Lead and lead compounds are regulated under EPCRA due to the public health effects of ingestion or inhalation of lead, particularly among children, including damage to the nervous system. According to EPA, a June 2011 inspection revealed that Essroc did not submit annual reports for lead for three years (2006 through 2008) when the Nazareth facility processed lead in amounts in excess of 130,000 pounds annually -- significantly exceeding EPCRA’s 100 pound reporting threshold. (This settlement involves alleged reporting violations, not unlawful releases of toxic chemicals.)

The settlement penalty reflects the company's cooperation with EPA in resolving the alleged violations, and its compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.



In a separate matter, the United States recently announced a $1.7 million settlement of alleged Clean Air Act violations at six Essroc facilities nationwide, including the Nazareth plant.
See press release at: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/48aa8dd28f3ab133852579750077751e!OpenDocument.

For more information on TRI and the TRI searchable database, go to: www.epa.gov/tri.

For more information on lead and its health effects, go to: See http://www.epa.gov/lead/index.html.

Titan Environmental Services to Pay $10,878 Penalty

News release from EPA Region 7:

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Titan Environmental Services to Pay $10,878 for Violations of Residential Lead-Based Paint Hazard Reduction Act

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 6, 2012) - Titan Environmental Services, Inc., of Kansas City, Mo., has agreed to pay a $10,878 civil penalty to the United States to settle a series of violations of the Residential Lead-Based Paint Hazard Reduction Act, including failures to provide required hands-on training to contractors and other renovation professionals who enrolled in some of its training courses.

As part of its settlement with EPA Region 7, and in addition to paying the $10,878 civil penalty, Titan Environmental Services has agreed to offer the federally-required hands-on training at no cost to trainees who were enrolled in the company’s classes where EPA found violations.

The company has also agreed to perform a supplemental environmental project, through which it will spend at least $97,902 to fund lead abatement activities at five residential properties in St. Joseph, Mo. The project will cover window replacement and lead-based paint abatement, to be performed by entities licensed and/or certified by the State of Missouri. Titan Environmental Services must submit detailed work plans to EPA for approval before the abatement activities begin, and follow-up reports to the Agency when those activities are completed, under terms of the settlement.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., Titan Environmental Services’ violations of the Residential Lead-Based Paint Hazard Reduction Act were based on findings from three EPA inspections: a May 2010 recordkeeping inspection at the company’s Kansas City business office, an October 2010 inspection at a lead-based paint training course given by the company at a hotel in Osage Beach, Mo.; and an October 2010 follow-up recordkeeping inspection at the company’s business office.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, which amended the Toxic Substances Control Act (TSCA), was designed to address the need to control exposure to lead-based paint hazards. The law directs EPA to regulate the accreditation of training programs offered to renovation professionals, including minimum requirements for training providers, training curriculum, training hours, hands-on training, trainee competency and proficiency, and requirements for training program quality control.

Common renovation activities like sanding, cutting and demolition can produce hazardous lead dust that can be harmful to adults and children.

EPA’s inspections found that, despite being accredited in August 2009 to offer training in the Renovator Initial Course – English, Titan Environmental Services: 

• Failed to properly notify EPA at least seven days in advance of offering training on at least six occasions during 2010.
• Failed to properly notify EPA within 10 days after completions of training on at least 35 occasions during 2010.
• Failed to maintain and make available to EPA necessary documents showing the education, work experience, training requirements or demonstrated experience for the principal instructor of a course offered in April 2010.
• Failed to cover all required portions of hands-on training activities during training courses provided on at least four occasions in April 2010 and October 2010.
• Failed to maintain and make available to EPA the necessary student assessment forms for training courses provided on at least two occasions in April 2010. 

By agreeing to the settlement with EPA, Titan Environmental Services has certified that it is presently in compliance with the applicable federal regulations.

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Companies Face Fines for Lead Paint Disclosure Violations

News Release from EPA Region 1:

Companies Face Fines for Lead Paint Disclosure Violations at Two Navy Bases in New England

Release Date: 01/10/2012

Contact Information: David Deegan, 617-918-1017


(Boston, Mass. – Jan. 10, 2012) – Two companies face significant penalties for violating federal lead paint disclosure laws at the Portsmouth Naval Shipyard in Kittery, Maine and the Naval Submarine Base New London in Groton, Conn. 


A complaint filed by the U.S. Environmental Protection Agency asserts that Northeast Housing, LLC, and Balfour Beatty Military Housing Management, LLC failed on multiple occasions over several years to notify prospective tenants, including families with young children, about potential lead paint hazards in housing managed by the companies on the two Navy bases in New England.  Notifying prospective tenants and purchasers of housing units helps parents protect young children from exposure to lead-based paint hazards.


The companies face a possible fine of $153,070 for alleged violations of the Lead Based Paint Disclosure Rule.  EPA’s complaint asserts that the two companies failed to comply with the Disclosure Rule when they entered into 13 contracts to lease target housing for military personnel during the years 2007, 2008, 2009 and 2010 at the Portsmouth Naval Shipyard and the U.S. Naval Submarine Base.


The housing at both bases is owned by Northeast, a joint venture limited liability company between the Department of the Navy and a wholly-owned subsidiary of Balfour Beatty Communities, LLC, of which the BBC affiliate is the managing member.  There are approximately 25 target housing units located at Portsmouth Naval Shipyard, where housing was built in the 1800s and early 1900s.  There are approximately 735 target housing units at the Naval Submarine Base in Groton, which was built in the early 1960s.


"Exposure to lead paint is a serious public health concern here in New England because of how much older housing we have.  Further, military families make significant sacrifices to protect our Nation, and the health of those families, as well as all families, should not be jeopardized by not being notified of potential lead hazards in the housing where they reside," said Curt Spalding, regional administrator of EPA's New England office. "Property managers and owners play an important part in helping to prevent lead poisoning by following lead paint disclosure requirements and making sure families are aware of potential lead hazards in homes."
The EPA complaint details that the companies failed to provide available records and reports regarding lead-based paint and/or lead-based paint hazards to 13 lessees (10 lessees at Portsmouth and three lessees at the Conn. base).  Nine of the lessees were families with children, including seven families with children under the age of six.


Infants and young children are especially vulnerable to lead paint exposure, which can cause intelligence quotient deficiencies; reading and learning disabilities; impaired hearing; reduced attention span, hyperactivity and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.


The purpose of the Lead Disclosure Rule is to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make informed decisions about whether to lease or purchase the housing.

Federal law requires sellers and landlords selling or renting housing built before 1978 to:

- Provide a lead hazard information pamphlet to inform renters and buyers about the dangers associated with lead paint;
- Include lead notification language in sales and rental forms;
- Disclose any known lead-based paint and lead-based paint hazards in the living unit and property and provide copies of all available reports to buyers or renters;
- Allow a lead inspection or risk assessment by home buyers; and
- Maintain records certifying compliance with federal laws for a period of three years.