Contact: Mary Mears, (212)-637-3673, mears.mary@epa.gov
New York (October 24, 2024) EPA is observing Children’s Health Month and Lead Poisoning Prevention Week by highlighting actions taken over the past year to protect children from lead exposure in New York and New Jersey. EPA actions include three judicial enforcement cases and 15 administrative actions focusing on violations impacting people in communities that are traditionally underserved or overburdened. These cases cover violations of the Toxic Substances Control Act (TSCA) Renovation, Repair and Painting (RRP) and Lead-Based Paint Activities (Abatement) Rules and the Safe Drinking Water Act (SDWA). EPA has worked in partnership with federal, state and local partners.
“Every family, regardless of their zip code, deserves to live without worrying about their child facing life-long health effects from exposure to lead pollution,” said Lisa F. Garcia, EPA Regional Administrator. “Together with federal and state partners, EPA is working to reduce the chance that any child’s life will be devastated and forever changed by toxic lead.”
Administrative and judicial settlements that resulted from EPA’s work enforcing the RRP rule cited violations including the failure to train workers, failure to assign a certified renovator to the renovation project, failure to follow lead-safe work practices and contain waste, failure to provide owners or occupants with required pre-renovation education about the risks of lead poisoning during the renovation, and records violations.
In September 2024, EPA issued an administrative consent agreement and final order to settle an administrative enforcement action against All City Remodeling, Inc. in Queens, NY, for violations of lead-based paint requirements. The settlement includes a $103,000 penalty for RRP Rule violations during renovations conducted in three properties in the traditionally underserved and overburdened communities of Washington Heights and Inwood in New York City.
In September 2024, Rose Demolition and Carting, a demolition contractor that performed demolitions at over 650 residential properties in New York City between 2016 and 2019, agreed via a proposed Judicial Consent Decree to comply with lead paint regulations and pay a $100,000 penalty for numerous violations of the RRP Rule. The penalty was based on their documented inability to pay the full civil penalty for which they would be liable. Many of the violations occurred in areas of New York City with low-income populations that are already disproportionately burdened by other environmental hazards.
In August 2024, Legacy Builders, a contractor that performed renovation work at hundreds of residential apartments in five different buildings in Manhattan, agreed to comply with lead paint regulations and to pay almost $170,000 for violations of several requirements of the RRP Rule. This penalty amount took into account their ability to pay.
In September 2023, Apex Building Company (Apex), a general contractor, agreed to comply with lead paint removal requirements and pay more than $600,000 in penalties for numerous violations EPA identified associated with renovation work in hundreds of apartment units between 2015 and 2021. The penalty amount took into account Apex’s ability to pay.
Examples of EPA’s work during the last year to enforce the requirements to protect people from lead in drinking water include issuing nine administrative orders to address violations such as failing to notify consumers of lead results, failing to sample at properly sited locations and failing to comply with lead service line replacement schedules. The total cost of complying with the nine orders is about $8.5 million, and the work will protect more than 300,000 consumers.
In Bellville, NJ, EPA issued an Administrative Order on Consent (AOC) this September to the Town of Belleville to address violations to the Safe Drinking Water Act Lead and Copper Rule. The AOC requires the town to replace 770 lead service lines, implement a public notification program, sample after replacing lines, and start a flushing program.
EPA inspected four large water systems in Broome County, NY (Binghamton, Johnson City, Endicott and Vestal). One common finding for each water system was that they failed to collect lead and copper tap samples from proper locations. The proper siting of tap samples is critical as it serves as the basis for regulatory compliance. EPA issued Administrative Orders (AOs) to each municipality requiring them to prepare a tap sampling pool and new tap sample siting plan and monitor so compliance could be properly evaluated to ensure consumers are receiving safe drinking water.
In addition to proactive work EPA does in partnership with the states to enforce laws that protect people from lead, EPA Region 2 typically receives around 200 tips and referrals annually from concerned residents and local health departments flagging potential violations of lead-based paint regulations. Every tip is researched and investigated. If people suspect a violation, they can submit relevant information to EPA using the Report a Violation system and include as much information as possible.
Providers of training required for regulated renovation and lead abatement work must be accredited by EPA. The accreditation of providers and the training itself, in addition to being required by regulation, is very important for the safety of workers and occupants. During 2024, EPA Region 2 settled five cases with accredited trainers as part of a regional initiative to ensure the integrity of training providers in our region. When EPA inspects an accredited training provider, we look for compliance with curriculum and testing requirements, completion certificate requirements, notification and other record keeping requirements.
EPA also provides its own training through the Community Lead Awareness Initiative. The goal of this program is to reduce harm to children from exposure to lead in underrepresented and underserved communities whose populations are disproportionately affected by lead exposure. This effort is focused on educating both community leaders and members of the public about lead exposure and the importance of hiring lead-safe certified contractors.
Although there has been tremendous progress in lowering children’s blood lead levels across the U.S. in the past few decades, exposure to lead continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No level of lead is safe. Exposure to lead dust is the most common cause of lead poisoning and can lead to severe, irreversible health problems, particularly in children. Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems.
For more information about how EPA and its federal partners are protecting kids from lead, visit the federal lead action plan website. For more information about how people can protect their families, visit EPA’s website about how to reduce lead exposure.
Contractors can learn how to become properly certified on the EPA’s get certified website. To find accredited training, visit EPA’s renovator training website.