# Lowe's steps into trouble big time with EPA



## Ronald Bets (Apr 21, 2014)

Lowe’s Home Centers, LLC Settlement

(WASHINGTON - April 17, 2014) – Lowe’s Home Centers, one of the nation’s largest home improvement retailers, has agreed to implement a comprehensive, corporate-wide compliance program at its over 1,700 stores nationwide to ensure that the contractors it hires to perform work minimize lead dust from home renovation activities, as required by the federal Lead Renovation, Repair, and Painting (RRP) Rule, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The company will also pay a $500,000 civil penalty, which is the largest ever for violations of the RRP Rule.

Settlement Resources

Press Release

Complaint and Consent Decree - Settlement

Company Overview

Violations

Actions required by Settlement

Penalty

Human Health and Environmental Concerns

Pollution Reductions

Contacts

Company Overview

Lowe’s Home Centers, LLC is a home improvement retailer that offers to perform renovations for its customers through hiring local contractors. Lowe’s operates more than 1,700 stores in the United States and it serves approximately 15 million customers each week and employs more than 260,000 people.

The proposed settlement resolves alleged violations of the Toxic Substances Control Act (TSCA), and the Lead RRP Rule (40 C.F.R. Part 745, Subpart E).

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Violations

The government complaint alleges that Lowe’s failed to provide documentation showing that the contractors it hires to perform renovation projects for Lowe’s customers had been certified by EPA, had been properly trained, had used lead-safe work practices, or had correctly used EPA-approved lead test kits at renovation sites. EPA’s investigation showed that at three homes located in Alton, IL, Trotwood, OH, and Kent OH, Lowe’s contractors failed to ensure that work areas had been properly contained during renovations and cleaned up after renovations.

EPA discovered the violations through a review of records initially prompted by tips and complaints submitted by the public. Specific violations documented at specific stores are described below:

Recordkeeping violations:

40 C.F.R. § 745.84(a)(1): Renovations in dwelling units: “No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must (i) obtain, from the owner, a written acknowledgment that the owner has received the pamphlet or ii) obtain a certificate of mailing at least 7 days prior to the renovation.”

40 C.F.R. § 745.86(b)(1)(ii): Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation as described in § 745.82(a). These records or reports include: Records prepared by a certified renovation after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

40 C.F.R. § 745.86(b)(6): Documentation of compliance with the requirements of § 745.85, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in § 745.85(a), and that the certified renovator performed the post-renovation cleaning verification described in § 745.85(b).

40 C.F.R. § 745.86(b)(6)(i): Documentation that training was provided to workers (topics must be identified for each worker).

40 C.F.R. § 745.86(b)(6)(v): The work area was contained by (A) Removing or covering all objects in the work area (interiors); (B) Closing and covering all HVAC ducts in the work area (interiors); © Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors); (D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors); (E) Covering doors in the work area that were being used to allow passage but prevent spread of dust; (F) (regarding covering floor surfaces, and protecting exteriors); and (G) installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

40 C.F.R. § 745.86(b)(6)(viii): The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used)

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Work practice violations:

40 C.F.R. § 745.85(a)(2)(ii)©: Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.

40 C.F.R. § 745.85(a)(5): Cleaning the work area. After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

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Actions Required by Settlement

Lowe’s has agreed to implement the following specific compliance requirements at all of its over 1,700 stores nationwide to ensure the company and the contractors it hires to perform renovation work for Lowe’s customers are following the RRP Rule, including:

Lowe’s will maintain RRP Firm Certification

Lowe’s will continue delivering the lead hazard pamphlet to potential customers and will ensure its contractors retain a record that the contractor delivered the pamphlet to the occupants of the renovated properties

Lowe’s will add a link on its website to EPA’s website for lead-safe work practices

Lowe’s will revise its customer intake system to advise each potential customer about its contractor’s use of a checklist that the customer can request upon completion of project

Lowe’s will use only RRP Certified Firms and Certified Renovators for renovations of housing built before 1978 and renovations of any child-occupied facilities, including day-care centers and preschools.

Lowe’s will suspend any contractors with expired RRP certifications

Lowe’s will suspend contractors if Lowe’s determines the contractor is not in compliance with RRP rule

Each contractor is required to use, and certify that it has used, Lowe’s enhanced Installer Renovation Recordkeeping Checklist

Lowe’s will verify receipt of the Checklist prior to paying the contractors

Lowe’s will commence an inquiry into all notices it receives regarding alleged noncompliance with lead safe work practices by its contractors and shall have a Certified Firm and/or Certified Renovator certify that the area has been cleaned as set forth in 40 C.F.R. § 745.85(b).

Lowe’s will submit periodic reports quarterly for the first year, then bi-annually after that.

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Penalty

The settlement requires that Lowe’s pay a civil penalty of $500,000 within 30 days of when the Consent Decree is entered by the court.

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Human Health and Environmental Concerns

EPA enforces the RRP rule and other lead rules to protect children and others, such as pregnant women, who are more vulnerable to lead poisoning as a result of exposure to lead dust.

Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and younger are most at risk. Even low levels of lead in children’s blood can be harmful. If not detected early, children with high levels of lead in their bodies can suffer from:

Damage to the brain and nervous system;

Behavior and learning problems, such as hyperactivity;

Slowed growth;

Hearing problems;

Headaches;

Anemia; and/or

In rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death.

Lead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also be easily circulated from the mother’s blood stream through the placenta to the fetus. Mothers with high levels of lead in their bodies can expose their developing fetuses, resulting in serious and developmental problems including:

Miscarriages;

Premature births or low birth weight;

Brain damage, decreased mental abilities and learning difficulties; and/or

Reduced growth in young children.

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Pollutant Reductions

This settlement is expected to increase awareness of the RRP Rule requirements among the public and regulated community, which may contribute to a significant reduction in lead exposure.

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EPA Press Office Contact Information

General Information: (202) 564-4355

Julia Valentine, Press Officer

valentine.julia@epa.gov

(202) 564-0496

Program Contact Information

Morgan Rog, Attorney

rog.morgan@epa.gov

(202) 564-7109


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## ICE (Apr 24, 2014)

Welcome Ronald,

Lowe's has been singled out for enforcement. To do remodel work in a lead safe manner is not a huge inconvenience but it does slow the work down and add to the cost.  Because nobody does that, Lowe's contractors will have to eat the cost or lose business to Home Depot crews.

The EPA can't go after the Home Depot crews and all of the independent contractors.


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## conarb (Apr 24, 2014)

In other news we have been told for centuries that lead pipes caused the downfall of the Roman Empire, now it appears *that the science was wrong*, so someday maybe we'll hear that eating paint chips may not be the reason the poor have low intelligence in our empire.


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## steveray (Apr 24, 2014)

I thought gluttony and the barbarians were the downfall of the Roman Empire?...We are only halfway there....

Why can't they go after Home Depot?


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## Francis Vineyard (Apr 24, 2014)

The EPA worker said Lowe's has gone beyond the required regulations. I asked her what that meant. She said Lowe's tests on EVERY job whether it covers 6 square feet or not in the interior and 20 square feet on the exterior or not. The $16.00 is not an EPA fee charged by EPA, she said. Evidently the $16.00 fee is Lowe's way of covering their cost for the test for lead. I asked her if Home Depot also went beyond required regulations, and she said yes they also were going beyond the regulations just as Lowe's does. She referred me to website http://www.epa.gov/lead/pubs/renovation.htm article for more information on the EPA ruling.

"This rule requires contractors to follow some simple and effective lead safe work practices to prevent children's exposure to dangerous levels of lead. Go to this link to see what is really required for this simple work practice. It takes 32 pages to explain all that is involved. http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf In essence this EPA rule involves added money for buyers (in some cases probably more than double), certification fees for contractors, installers and painters, change in policy of installation for retail businesses, record keeping by the contractors for 3 years after the project, clean up details, and disposal of waste, and on and on.

Link; New EPA Regulation


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## TJacobs (Apr 27, 2014)

more government extortion


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## Ronald Bets (Apr 28, 2014)

Looks like equal enforcement to me! More cases on EPA site.

 R.I. Landlords Fined for Failing to Notify Tenants about Lead Paint Hazards in Woonsocket

Release Date: 04/18/2013

Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. – April 18, 2013) – Two Rhode Island landlords will pay an EPA penalty of $13,900 for violations of federal lead disclosure laws.

EPA alleged in a complaint that Donald Ciotola and Carol Simeone violated the federal Toxic Substance Control Act when the landlords failed to notify prospective tenants about potential lead-paint hazards in housing they owned in Woonsocket, R.I., as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Lead-Based Paint Disclosure Rule.

Exposure to lead paint is a serious health concern in New England due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, 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 Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property.

Among other things, the Disclosure Rule requires landlords to provide prospective tenants with an EPA-approved lead hazard information pamphlet and lead warning statement; disclose the presence of known lead-based paint and lead-based paint hazards; and provide prospective tenants with available records and reports pertaining to lead-based paint in the housing to be leased. Property managers and owners therefore play an important role in helping to prevent lead poisoning. Violations of the federal disclosure requirements are subject to the penalty provisions set forth in the Toxic Substances Control Act.


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