In-Depth Look at the EPA’s Latest Round of RRP Fines for Lead Paint

In an effort to better understand how the Environmental Protection Agency (EPA) is meting enforcement of its Renovation, Repair & Painting (RRP) rule, Testudo LLC is examining the government agency’s latest round of RRP fines. The agency’s latest RRP enforcement actions were significant because the EPA rolled out two “pilot programs” in order to quickly determine a firm’s ability to pay penalties and then move toward a quick settlement.

RRP Fine Pilot Programs

The first is the Lead-based Paint Expedited Settlement Agreement (ESA) Pilot Program. The EPA has been lacking in its transparency in describing the ESA pilot program; however, the National Association of Home Builders (NAHB) says these types of RRP fines are limited to recordkeeping violations where no building occupant is pregnant or under the age of 18; it is intended for companies that commit “minor violations” and fines range from zero to $5,000. carcasas galaxy a5 2016 When a company is served with an ESA, they retain the right to contact EPA about the violation; however, the fine is not negotiable and the firm has just 30 days to respond. iphone x carcasa moto Whereas the ESA pilot program makes a distinction whether building occupants are pregnant or under 18, the Pilot RRP Penalty Program for Micro-Businesses makes an economic distinction of companies. carcasa iphone 8 plus pc A violating company is eligible for the Pilot RRP Penalty Program for Micro-Businesses if it has gross pre-tax revenue of $300,000 or less; fines are no more than $4,000. iphone x carcasa spigen Also, the micro-business program is not restricted to violations such as recordkeeping or by the age of the occupant.

Looking at Kindred Painting LLC

Here is Testudo’s first in a series of in-depth looks at companies the EPA recently caught violating the RRP rule. carcasa iphone 7 negro The first company is Kindred Painting LLC of Dover, N.H., owned by Jon Taylor. On July 1, the EPA and Occupational Safety and Health Administration (OSHA) visited Taylor’s residential job site at 435 Exeter Road, Hampton, N.H. The home in question was built before 1978, when lead-based coatings were banned under the EPA’s Toxic Substances Control Act. According to the EPA, Taylor failed to:

  1. Obtain firm certification from EPA prior to performing, or offering to perform, renovation activities in housing constructed prior to 1978.
  2. Obtain RRP training course completion certification.
  3. Post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area
  4. Failed to prohibit the use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting without HEPA vacuum attachments.
  5. Failed to contain waste from renovation activities to prevent releases of dust and debris before the waste was removed from the work area for storage or disposal.

Since Taylor’s company had gross pre-tax revenue of $300,000 or less, he was eligible for the EPA’s Pilot RRP Penalty Program for Micro-Businesses, and he paid an RRP fine of $2,730. When Taylor was first informed about the fine in a July 19 letter delivered via certified mail, the EPA said it would determine his fine using—get ready for it it!—the Consolidated Enforcement Response and Penalty Policy for the Pre-Renovation Education Rule; Renovation, Repair and Painting Rule; and Lead-Based Paint Activities Rule. carcasa samsung s4 galaxy But he was also given the opportunity to “quickly resolve the alleged violations” by waiving his right to a hearing or appeal. On Aug.

It’s Official: Testudo LLC is a Women- & Minority-Owned Business

Earlier this month, Testudo LLC attained the Woman-Owned Business Certification and was granted into the Minority Business Enterprise Program through Wisconsin’s Department of Administration. With these two certifications, governments and corporations seeking vendor relationships with a women- and/or minority-owned company can trust Testudo LLC fits the bill. funda carcasa bateria recargable iphone 6s The Woman-Owned Business Certification is pursuant to the state administrative rule requirements of Adm. 83, which provides validation that Testudo LLC is at least 51 percent woman-owned, controlled and managed. carcasas 360 samsung s8 The Minority Business Enterprise certification, pursuant to Adm. 84, certifies that at least 51 percent of Testudo LLC is minority-owned, controlled and managed. Under Wis. Stat. carcasas iphone 7 mr wonderful 16.75, state agencies “shall maximize the use of minority businesses” incorporated in Wisconsin. carcasa iphone x ulak Rest assured, nothing has changed at Testudo LLC as far as leadership or ownership. carcasa starwars iphone 7 The company remains under the guidance of me, Samantha Dalsing.

OSHA Wants YOUR Input on Revising Standards

The Occupational Safety and Health Administration (OSHA) is in the midst of revamping some of its workplace standards, and it is seeking input from the public. carcasa iphone 7 plus lujo Recently it published a Request for Information as part of the fourth phase in its Standards Improvement Project (SIP-IV). carcasa para samsung s7 edge The overall goal of SIP-IV is to revise or remove OSHA standards that are confusing, outdated or duplicate, or are inconsistent with other standards. carcasa lifeproof iphone 8 The SIP process was started in 1996 in response to a presidential memo to improve regulation and regulatory review. carcasa sumergible iphone It’s intended to reduce the regulatory burden while maintain or enhancing worker safety and health. carcasa original iphone 6 plus SIP-IV focuses primarily on OSHA’s construction standards. carcasa samsung galaxy j7 2016 silicona Whether you’re running a crew of two or operating multiple crews or fall somewhere in between, OSHA wants your opinion! To participate, visit www.regulations.gov, search for docket No.

EPA Fines 16 Companies for RRP Violations

Every once in awhile the Environmental Protection Agency (EPA) publicizes another round of Renovation, Repair and Painting (RRP) rule fines. The agency was recently at it again.

In November, 16 companies were fined by the EPA for violating the RRP rule. 13 of the companies reached settlements with the EPA for a combined $53,792, amounting to an average settlement of $4,138 apiece. The EPA filed administrative complaints against the other three companies and is seeking civil penalties up to the statutory maximum of $37,500 per violation.

Here is the list of companies who settled with the EPA over RRP violations:

  • Kindred Painting, LLC Settement
  • Universal Remodeling and Building, LLC Settlement
  • DiGiorgi Roofing and Siding Settlement
  • Exterior Images Settlement
  • Dasa Properties Settlement
  • Leanza Painting Contractors, Inc.
  • Mac Stringer Painting and Staining Settlement
  • Hometown Painting, Inc. Settlement
  • Alliance Contracting & Design Settlement
  • Scheffler Painting Settlement
  • Spartan Painting Settlement
  • Wildwood Apartments Settlement
  • Sunshine Home Improvement, LLC Settlement

And these companies had administrative complaints filed against them:

  • Collegiate Entrepreneurs Complaint
  • Kachina Contractor Solutions, LLC Complaint
  • PZ Painting Complaint

Here’s a snapshot of where these companies fell short: Failing to obtain firm certification; failing to ensure that all of the individuals performing the renovation were certified by EPA or had been trained by a certified renovator; failing to provide EPA’s “Renovate Right” pamphlet to homeowners and occupants; failing to post signs clearly defining the work area; failing to warn occupants to remain outside of the work area; failing to establish and maintain essential records; failing to properly cover the ground with plastic sheeting; failing to contain waste from renovation activities to prevent the release of dust and debris.

If these latest actions by the EPA are any indication, the agency is actively enforcing this rule.

Landlords Endure 11-Year Court Battle Over Lead-Poisoned Child

At Testudo LLC, we often speak with landlords and property managers. iphone x carcasa ultra slim The trouble is, many of them are not listening when we tell them about the dangers lead poisoning poses for their tenants as well as their own business. carcasa espejo iphone 6s Hands-down, lead poisoning is unhealthy. What makes it even worse when a tenant becomes poisoned is the ensuing possibility of litigation. carcasa iphone 7 plus oro rosa Case in point: Recently in Concord, N.H., a jury ended an 11-year court battle between a pair of landlords and their tenants that stemmed from a lead poisoning that occurred back in 1995! After they moved in, Brian and Patricia Baxter’s daughter Shelby, who was then 1 year old, became lead poisoned. About six years later, the Baxters decided to sue the Temples after they were convinced Shelby had suffered irreparable brain damage as from being poisoned, according to a detailed account of the case in the Concord Monitor. When all was said and done the landlords, Chuck and Kelly Temple, were found at fault for not having warned the family of tenants about lead paint in an apartment. Of course it’s worth pointing out that, even though the Temples were found guilty, the jury did not award any damages to the Baxters since Shelby’s brain damage did not appear to have been lasting. “I asked the jury to tell Shelby Baxter that she wasn’t harmed by the elevated (lead) blood levels and that she was a perfectly normal 18-year-old child with a bright future ahead of her,” Gary Burt, the Temple’s counsel, told the Concord Monitor. Whether you have experience in dealing with lawsuits, it’s still safe to say that litigating is never ideal since it takes a lot of attention off your business. There were multiple reasons the case took 11 years to end: The first time things got rolling in 2004, expert testimony was not allowed and the case was eventually dismissed. carcasa iphone 6 plus ktm In appellate proceedings all the way to the U.S. Supreme Court, it was determined the expert testimony should have been permitted in the first place. But in 2009 the expert witness had backed out of the case, which caused the case to be further delayed. carcasa de silicona negra para iphone se Next, changing state budgets caused New Hampshire’s legal system to be bogged down and the case was further delayed. We don’t know enough about this case to critique the jury’s decision here, but you can’t deny that a court battle like this could divert a lot of attention from your business over 11 years.

There Are Half a Million U.S. Children Suffering From Lead Poisoning

We here at Testudo LLC have an affinity for ancient Roman history. The Latin word for “tortoise,” Testudo is also a defense formation the Roman military employed, where the troops would come together very densely and hold their shields to protect their front and heads from arrow fire. In our own way, Testudo, which provides lead testing and training services for remodelers, is helping protect homeowners and contractors from dangers during renovation and demolition activities.

One of those dangers is lead poisoning. Today, according to according to the U.S. Department of Housing and Urban Development (HUD), there are nearly 4 million households with children being exposed to lead, and there are approximately half a million children ages 1-5 with blood lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which CDC recommends public health actions be initiated.

In order to help raise awareness of this serious danger, each year HUD, the Environmental Protection Agency (EPA), and the Centers for Disease Control and Prevention (CDC) observe National Lead Poisoning Prevention Week. This year’s edition will take place Oct. 21-27. Of course, Testudo is on board to help spread the word, as well.


For homeowners, here are tips to help reduce the amount of lead in your home:

  • Keep the area where your children play as dust-free and clean as possible.
  • Consider hiring a certified inspector, like Testudo, to check for lead hazards in older homes.
  • Ask your doctor to test your childrens blood lead levels even if they seem healthy.
  • Be a good neighbor. Spread the word about EPA’s new lead-safe renovation rule that contractors must follow when renovating homes built before 1978.
  • Hire Testudo to come to your home and instantly identify surfaces that contain lead paint in your home.
  • Report chipped or cracked paint to your landlord if you rent an older home built before 1978.
  • Make sure your children do not chew on painted surfaces, such as toys or window sills.
  • Avoid toys that contain lead.

Whenever we teach a class for the EPA’s Lead Safe Renovator certification, we always remind attendees of one of the lesser-known reasons for the downfall of the Roman empire: lead poisoning. The Romans ingested lead from their water pipes, their goblets and wine, just like the two fellows at right in the painting “The Roman Wine Tasters” by artist Sir Lawrence Alma-Tadema. Today, the deadly effects of lead poisoning are well documented, but not many people know or care too much about it to change daily habits that could be hurting them and their children. We here at Testudo hope to change that. Keep in touch with us by “Liking” us on Facebook where we post interesting news articles and keep you up-to-date on the latest toys, food and household products that have been found to contain lead.

New Product Offering: Lead Testing in Wisconsin and the Midwest

We’re proud to announce that Testudo LLC now offers a full slate of lead testing products. Using an X-Ray Fluorescence (XRF) analyzer, Testudo LLC can come to your job site, home or rental property and confirm whether lead is present in any coated surface (including paint, stain, shellac or varnish). Other lead testing providers rely on paint chip testing for this service, but lab turnaround for paint chip testing is too slow. We know you want to know right away where lead is in your property, so that is why we have invested in an XRF analyzer, which provides instant results.

We offer three types of lead tests: partial lead inspection, full lead inspection and risk assessment.

The partial lead inspection focuses on a specific area of a building. Planning a renovation in one room of your home but you’re worried about lead paint? The partial lead inspection is for you. For example, if you are planning a kitchen renovation, Testudo LLC will test any painted surface that will be disturbed during the renovation. If your home was built before 1978, a partial lead inspection could potentially save you thousands of dollars—here’s why: Today, contractors remodeling these older properties are required to assume any coated surface is lead-based, and so they must follow “lead-safe work practices” that require extra time and materials. But if Testudo LLC tests the coated surfaces to be disturbed and finds they’re lead-free, your contractor doesn’t need to follow the lead-safe work practices.

A full lead inspection is much like a partial lead inspection, but it covers an entire property. This is ideal for landlords concerned about liabilities arising from lead-based paint poisonings, for instance.

Last, our risk assessment will evaluate whether deteriorated surface coatings pose a danger to a structure’s occupants. Again, this service would be ideal for homeowners, schools, rental properties, day cares—basically anywhere people live, eat and sleep. With a risk assessment, Testudo LLC will also test any bare soil on the property.

Be sure to reach out to us right away if you’re interested in scheduling a lead test: info@testudoonline.com or 608-205-8025. We offer our services throughout Wisconsin—including the major cities of Madison, Milwaukee and Janesville—and northern Illinois.

Cyber Monday with my new Shop-Vac

Happy Cyber Monday!

I hope everyone had a great Thanksgiving weekend with family. samsung funda book cover negro para galaxy tab 10 1 We spent the weekend with our brothers and their families in Wisconsin Dells. carcasas silicona iphone By Friday afternoon we were in need of more groceries, I know, Black Friday is not a great day to have to go grocery shopping. To make matters worse, the closest grocery store just happened to be Walmart. carcasas para galaxy s8 plus Lucky for us, Walmart put all the Black Friday specials in the center isles so we just had to walk past them on our way to get groceries. One thing that caught my husband’s eye was a small Shop-Vac for $20. carcasa para iphone se We have a HEPA Vac that we use on our lead jobs, carcasa espejo samsung galaxy s8 plus but wanted something small that has less costly filters! So this $20 Shop-Vac came home with us.

I was very surprised and excited to see this lead warning when unpackaging the vacuum:

Lead Warning on ShopVac

Hopefully other vacuum companies are also including warning letters like this in their packaging so when a vacuum that does not comply with the RRP Rules is purchased, carcasa flamencos iphone 7 plus you will know.

Just remember, carcasa para apple iphone se if the vacuum is “designed with a HEPA filter (captures particles of 0.3 microns with 99.97% efficiency) as the last filtration stage so that all the air drawn into the machine is expelled through the filter with none of the air leaking past it” then it can be used for RRP work.

If you have any questions about your vacuum or other general RRP questions,