EPA’s Lead-based Paint Enforcement Helps Protect Children and Vulnerable Communities - 2021

Lead Resources

(Washington, DC – October 27, 2021) –This webpage highlights federal enforcement actions completed between October 1, 2020 and September 30, 2021 to protect the public, especially young children, from exposure to lead in paint.  The cases here involve alleged noncompliance with at least one of EPA’s lead-based paint requirements: the Toxic Substances Control Act (TSCA) Renovation, Repair and Painting (RRP) Rule; the TSCA Lead-based Paint Activities Rule; and the Lead Disclosure Rule under Section 1018 of the Residential Lead-based Paint Hazard Reduction Act.  These requirements apply to most pre-1978 dwellings and to child-occupied facilities such as pre-schools and child-care centers. 

The EPA uses an array of mechanisms to enforce these laws and reduce the risk of lead exposure.  Lead-based paint enforcement actions generally include administrative civil settlements and orders by the EPA, and civil judicial settlements and criminal prosecutions by the U.S. Department of Justice.  Cases often result from referrals, tips and complaints from state or local authorities, consumers and others, including information related to children with elevated blood-lead levels.  

Enforcement actions aim to achieve compliance resulting in reductions in lead exposure and environmental contamination.  Actions to enforce EPA’s lead-based paint rules result in the reduction of human exposure to lead paint, most importantly for vulnerable populations such as young children and pregnant women.  Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 presents one of the most common causes of elevated blood lead levels in children.  Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead.  Infants and children can be exposed from multiple sources and may experience irreversible and lifelong health effects.  Lead dust can be generated when lead-based paint deteriorates or when it is disturbed, such as during a renovation or repair that does not utilize EPA’s lead-safe work practices. 

On this page:

Selected Highlights

Home Depot U.S.A. Inc.* (Nationwide) Of the $20.75 million penalty, Home Depot will pay $750,000 to Utah, $732,000 to Massachusetts, and $50,000 to Rhode Island. The EPA discovered alleged violations of EPA and state lead-based paint Renovation, Repair and Painting (RRP) Rules when investigating customer complaints about Home Depot renovations in Regions 1, 5, and 9. The EPA broadened its investigation to look at 30 communities nationwide, which showed Home Depot subcontracted work to firms that in some cases were not certified by the EPA or an EPA-authorized state RRP program, did not use lead-safe work practices, perform required post-renovation cleaning, provide the EPA-required lead-based paint pamphlets to occupants, or maintain records of compliance with the law.  In its investigation, the EPA used its EJSCREEN tool to target compliance assessment in communities overburdened by exposure to lead-based paint. When large national renovation firms like Home Depot do not comply with the law when performing renovations in communities with environmental justice concerns, they may exacerbate the disproportionate impact that lead poisoning has on neighborhoods already overburdened by lead hazards.

Under the settlement, Home Depot will implement a company-wide program to ensure that the contractors it hires to perform work for its customers comply with the Renovation, Repair and Painting (RRP) Rule during renovations of homes built before 1978. Home Depot will also conduct thousands of on-site inspections of work performed by its contractors to ensure they comply with lead-safe work practices.  Home Depot must also investigate and respond to customer complaints.  In instances where the contractor did not comply with Lead Safe Work practices, Home Depot will perform an inspection for dust lead hazards and, if they are found, provide a specialized cleaning. EPA will monitor Home Depot’s responses to customer complaints. In addition to the requirements related to its renovations, Home Depot will provide important information about following lead-safe work practices to its professional and do-it-yourself customers in its stores, on its website, on YouTube, and in workshops.

Flipnmove Productions and EQ Media, Inc. (TX) involved alleged violations of the RRP Rule depicted on the home renovation television program, “Texas Flip N Move.” Under the terms of the settlement, the companies agreed to pay civil penalties of $30,000 and take steps to ensure compliance with the RRP Rule in future renovation projects. Further, the companies have agreed to complete projects to educate the public about lead-based paint hazards and the importance of using a certified renovator, including banners on existing episodes of “Texas Flip N Move,” developing informational webpages on their respective websites and adding links to the EPA Lead and RRP webpages, and integrating elements of the RRP Rule into future programing. Additionally, as part of the settlement, the companies will use a third-party entity to perform lead abatement in low-income pre-1978 housing residences or child-occupied facilities within the Dallas-Fort Worth metroplex.   

Rickey Lynch (NY) is the first defendant charged with a felony violation of TSCA since the statute was amended in 2016 to include enhanced punishments for knowing and willful violations that pose an imminent danger of death or serious bodily injury. As alleged, the defendant placed a very young child in imminent danger by deliberately disregarding federal standards that ensure the safe abatement of lead-based paint. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.  

Additional Highlights

Civil Settlements/Orders

Actions $30,000 or More

Actions $20,000 or More 

Actions $10,000 or More 

Actions Less Than $10,000  

Expedited Settlement Agreements

Expedited Settlement Agreements are a streamlined settlement approach that is used to address certain minor violations. They ensure that violators quickly come into compliance and assess a small penalty.

*Violations involved communities with environmental justice concerns (where known)
Update:  Following last year’s complaint that led to an order finding Precision Consulting, Inc. and Wayne Gladney in contempt of court, the U.S. District Court of the Eastern District of New York entered a final judgment of contempt assessing penalties of $173,500 and issued the first known permanent injunction, prohibiting them from performing or offering to perform lead abatements and renovations. 

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Last updated on September 17, 2024