Avoiding Lead Paint Renovation Fines

Washington, DC – The EPA is serious about compliance, especially when it comes to home renovations containing lead-based paint. “Reducing childhood lead exposure and the associated health impacts is a top priority for EPA,” states an EPA news release. “That’s why EPA inspectors will be working actively in overburdened communities … to encourage greater compliance with the federal Lead Renovation, Repair, and Painting (RRP) Rule.” 

For the full text, click here.

EPA Opens 60 Day Comment Period: Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(A) of TSCA

Federal Register

National – EPA has opened the 60-day comment period for the proposed rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. TSCA requires that EPA address the unreasonable risks of injury to health and environment by rule and to apply requirements to the extent necessary so that chrysotile asbestos no longer presents such risks. Comments must be received on or before June 13, 2022.

For the full text and to submit comment, click here.

EPA Fines Missouri Home Renovators for Alleged Lead-Based Paint Violations

WDRB Springfield, MO

Two Missouri home renovation companies have agreed to pay almost $10,000 collectively in penalties to the EPA to resolve alleged violations of the federal Toxic Substances Control Act. According to EPA, Swedlund Construction LLC of St. Louis and Rozell Siding and Windows Inc. of Springfield failed to comply with regulations intended to reduce the hazards of lead-based paint exposure during renovations. In both cases, EPA alleged that the companies failed to obtain EPA renovator certification and failed to assign a certified renovator prior to performing renovations. EPA says that Swedlund Construction also failed to comply with multiple safety practices while performing renovations, such as containing the spread of renovation dust and debris as well as warning occupants and other people to remain outside the worksite. 

For the full text, click here.

EPA Ban On Chrysotile Like to Lead to Mean Increased PFAS Use

National Law Review Washington, DC

The EPA also recognized the fact that a complete ban on chrysotile asbestos will have a particular impact on chlor-alkali companies, as asbestos-containing diaphragms are currently used by the industry to manufacture a significant amount of the chlorine produced in the United States. Although the industry will be given two years to switch away from the use of asbestos-containing products, the EPA recognizes that the TSCA rule may necessarily lead to increased use of PFAS in the industry. While the EPA is willing to proceed with the proposal despite the increased PFAS use, businesses must pay close attention to the Safe Drinking Water Act and CERCLA developments with respect to PFAS, which could result in significant financial consequences with increased PFAS use. 

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The Future is Now for TSCA Risk Management Rule-Making for Asbestos and Other Chemicals

National Law Review National

EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA considered but did not adopt that have the most implications for companies that make or use other chemicals for which EPA is conducting risk evaluations. The proposal heralds a new era of EPA promulgating much stricter workplace protections than OSHA has done or that it could do under its statute. 

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Feds Accused of Ignoring Asbestos and Mold at Women’s Prison

Associated Press by Michael Balsamo and Michael R. Sisak Washington, DC

A government watchdog has found a “substantial likelihood” the federal Bureau of Prisons committed wrongdoing when it ignored complaints and failed to address asbestos and mold contamination at a federal women’s prison in California that has already been under scrutiny for rampant sexual abuse of inmates. The whistleblower complaints, filed by union officials at the Federal Correctional Institution in Dublin, California, alleged that senior Bureau of Prisons officials had failed to act to resolve the allegations of workplace contamination. The union had repeatedly complained that correctional officers and other prison workers and inmates were being exposed to potentially hazardous mold and asbestos but says those concerns were ignored. 

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EPA Opens 60 Day Comment Period: Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(A) of TSCA

Federal Register National

EPA has opened the 60-day comment period for the proposed rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. TSCA requires that EPA address the unreasonable risks of injury to health and environment by rule and to apply requirements to the extent necessary so that chrysotile asbestos no longer presents such risks. Comments must be received on or before June 13, 2022.

For the full text and to submit comment, click here.