Inside EPA is reporting on a Defendant charged with many felonies including a felony violation of the Toxic Substances Control Act, conspiracy to violate the Act, obstruction of justice, and other serious charges relating to the allegedly improper removal of lead paint.  The Defendant's trial was to begin yesterday in Federal Court in New York and if he is convicted of all of the crimes he is charged with committing he will likely be spending several years in a Federal prison.

The United States alleges that the Defendant failed to provide prior notice to EPA of lead abatement work in a residence, had no occupant protection plan for that work, and conducted the work without controls in place and without the necessary supervision by an EPA-certified supervisor, all as required by EPA regulations.  As a result, lead was spread throughout the house.  When EPA inquired, the Defendant allegedly concocted an elaborate scheme to conceal his violations.

The Department of Justice seems to acknowledge this may be the first time felony charges have been brought for violations of the EPA requirements applicable to disturbing lead paint.  If the allegations against the Defendant are true, DOJ may have picked just the right case for such charges.

Lead paint doesn't receive as much attention as it used to these days.  Because it was banned forty-five years ago, fewer and fewer homes might have it.  However, a disproportionate percentage of homes containing lead paint are in Environmental Justice Communities.  For that reason, EPA's October 2022 Strategy to Reduce Lead Exposures and Disparities in U.S. Communities pledges a "whole of EPA" approach to address the presence of lead paint in "underserved communities."  While increased enforcement isn't specifically mentioned as a strategy to combat what EPA identifies as a "risk" for "millions of people", it is hard to imagine that a "whole of EPA " approach wouldn't include that tool which means that the felony TSCA case in New York may be the first, but it is unlikely to be the last.

If you own or renovate buildings that may contain lead paint, forewarned is forearmed.

EPA and DOJ have alleged that Lynch conducted a 2020 lead paint abatement project at a private residence in Freeport, NY, without completing certification under the TSCA lead paint Renovation, Repair and Painting (RRP) program, giving notice to EPA ahead of the project, or crafting required safety plans. And a superseding indictment that DOJ filed in January says Lynch “well knew and believed” that the Freeport couple who commissioned the abatement had a son who had already shown elevated blood lead levels, exposing him to potential death or serious harm from future exposures -- TSCA’s trigger for felony charges.