Carle Place, New York, November 16, 2023
Last month, the U.S. Environmental Protection Agency (EPA) and Department of Justice (DOJ) announced that the United States had filed a civil lawsuit against a general contractor in New York. The lawsuit alleged violations of the Toxic Substances Control Act (TSCA) and EPA’s Renovation, Repair, and Painting Rule (RRP Rule).
The United States simultaneously entered into a Consent Decree resolving that lawsuit which included a $606,706 civil penalty, the second largest civil penalty ever imposed under the RRP Rule. It also requires the company take steps to mitigate potential harms caused by its conduct.
According to the DOJ, the company conducted renovation work in hundreds of apartment units between 2015 and 2021. In March 2016, the New York City Department of Health and Mental Hygiene inspected one of the company’s worksites and found that it had failed to contain lead dust, resulting in dust containing lead-based paint in excess of federal standards entering public hallways, in violation of the RRP Rule. EPA determined that the contractor also lacked required certifications, failed to train its workers on lead-safe work practices, and failed to inform the building owner and occupants of the risks of lead poisoning during that renovation.
“The RRP Rule was created to protect the public from lead-based paint hazards that can occur during the repair or remodeling of homes and child-occupied facilities that were built before 1978,” said Joe Frasca, Senior Vice President, Marketing at EMSL Analytical, Inc. “Fortunately, identifying lead hazards in homes and buildings is quick, convenient and affordable.”
EMSL Analytical, with lead testing laboratories in New York and across North America, provides environmental, material and industrial hygiene testing services for lead, asbestos and other regulated materials. They also offer sampling supplies, easy-to-use test kits, air monitoring instruments and personal protective equipment to protect workers, the public and future building occupants. These services can be instrumental in helping companies comply with health and safety regulations.
To learn more about lead or other environmental, health and safety testing resources, please visit
www.EMSL.com, call (800)220-3675 or email
info@EMSL.com. To access lead or other indoor environmental quality test kits, visit
www.EMSLTestKits.com.
About EMSL Analytical, Inc.
EMSL Analytical is one of the leading testing laboratories with locations throughout the United States and Canada. EMSL is a nationally recognized and locally focused provider specializing in fast laboratory results for mold, bacteria,
Legionella, USP <797>, pathogens, asbestos, lead, soot, char & ash from fires, VOCs, odors, radon, formaldehyde, indoor air quality, microbiology, environmental, industrial hygiene, radiological, food, beverage & consumer products and material testing services for the identification of unknown substances. EMSL services both professionals and the general public. EMSL maintains an extensive list of accreditations from leading organizations as well as state and federal regulating bodies including, but not limited to A2LA, AIHA LAP, LLC. (AIHA EMLAP, AIHA IHLAP, AIHA ELLAP), NVLAP, CDC ELITE, CPSC, CA ELAP, NY ELAP, TX DOH, NJDEP and multiple other state accrediting agencies. Please visit our website at
www.EMSL.com for a complete listing of accreditations. In addition, EMSL carries a wide range of Sampling Equipment and Investigative Products for environmental professionals.