Perma-Siding and Window Co to pay Omaha couple for failing to tell them about lead paint risks before reno work

Albracht Perma-Siding and Window Co., of Omaha, Neb., has agreed to pay a $6,188 civil penalty to the United States to settle allegations that it failed to notify an Omaha couple about lead-based paint risks before the company or its subcontractors performed renovation work at their pre-1978 home. 

It also failed to keep records of lead safe work practices it stated it performed at 10 pre-1978 homes in Lincoln, Bellevue, and Omaha, Neb.

According to an administrative consent agreement filed by EPA Region 7 in Lenexa, Kan., Albracht or its subcontractors were legally required to provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties. It is also required to maintain records of required lead safe work practices performed at the properties.

Provision of the lead hazard information pamphlet to property owners and occupants is one requirement of the Residential Lead-Based Paint Hazard Reduction Act, which Congress passed in 1992 as an amendment of the federal Toxic Substances Control Act (TSCA).

The regulation is intended to protect owners and occupants of residential properties, child care facilities and schools built before 1978 from health risks associated with lead-based paint. Lead-based paint was banned for residential use in the United States in 1978. Most homes built before 1978 contain some amount of lead-based paint, and subsequent renovation activity of such properties can cause occupants to be exposed to dust, chips and debris that contain lead.

The Residential Lead-Based Paint Hazard Reduction Act requires renovators of such properties to obtain certified training, follow safe work practices and record-keeping requirements, and take specific steps to make owners and occupants aware of health risks associated with lead exposure before renovation work occurs.

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U.S. EPA Settles with Lead Acid Battery Manufacturer; Company to Install Air Filters to Capture Lead Particles

The U.S. Environmental Protection Agency announced today that U.S. Battery Manufacturing Company has agreed to pay $167,300 to resolve federal Clean Air Act violations. U.S. Battery, located in Corona, Calif., failed to comply with federal emissions monitoring and reporting requirements, including performance testing requirements for its lead emission control devices. In addition to paying the penalty, the company will install secondary high efficiency air filters to capture additional lead particles.

“By failing to monitor and test its pollution controls, the company increased the health risks for employees and the nearby community,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. "EPA will remain vigilant in enforcing the Clean Air Act."

EPA discovered the violations after the company failed to provide a thorough response to an information request sent by the agency in February 2010. After further review, federal investigators found that U.S. Battery failed to perform semi-annual inspection and maintenance to ensure proper performance of its equipment, failed to submit performance reports and failed to conduct performance testing of its air pollution control devices.

In addition to the fine, U.S. Battery has agreed to improve its work practices by voluntarily installing High Efficiency Particulate Air (HEPA) filters to further reduce lead emissions. These HEPA filters will serve as secondary filters that will be used to capture remaining lead emissions that pass through the existing air pollution control equipment. HEPA filters can capture more than 99.9% of particles.

The facility has been operating as a lead acid battery manufacturing plant in Corona since 1991 and is located within a mile of several schools and a residential neighborhood.

Lead is a major environmental health hazard for young children and pregnant women. Exposure to lead can result in lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, and hyperactivity.