The Justice Department and the Environmental Protection Agency (EPA) on November 25 announced a proposed nationwide settlement with Lowe’s Home Centres LLC — a subsidiary of Lowe’s Companies Inc. — to resolve alleged violations of EPA’s Lead Renovation, Repair and Painting rule.
The violations stem from renovation work performed by Lowe’s contractors at hundreds of homes across the country, primarily between 2019 and 2021.
As part of the settlement, Lowe’s will pay a $12.5 million penalty and improve its compliance program for renovations in homes that may contain lead-based paint.
“Careless handling of lead paint endangers the health of children and other Americans. The stiff penalty Lowe’s will pay reflects the importance of using certified firms and contractors in older home renovations,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “Contractors hired for work that may disturb paint in homes built prior to 1978, when lead-based paint was in widespread use, must be certified. These contractors have the training to recognise and prevent the hazards that can be created when lead paint is disturbed.”
“Noncompliance with EPA regulations aimed at reducing or preventing health risks from lead paint exposure during renovations, repairs, and painting can endanger families, especially young children and infants,” said Acting Assistant Administrator Craig Pritzlaff of the EPA’s Office of Enforcement and Compliance Assurance (OECA). “Through this enforcement action, Lowe’s will help protect their customers from the harmful effects of lead by ensuring that renovation work in homes built before 1978 is conducted by certified contractors using lead-safe practices.”
The settlement agreement requires Lowe’s to implement a comprehensive, corporate-wide program to ensure that the firms and installers it hires to perform work are qualified to use lead-safe work practices to prevent the spread of lead dust and paint chips during home renovations.
EPA found that Lowe’s failed to comply with the terms of a 2014 settlement, resulting in alleged violations of the RRP rule.
EPA discovered some of the alleged violations after investigating problems disclosed by Lowe’s in periodic compliance reports required under the terms of a 2014 consent decree.
The agency found additional alleged violations after responding to a tip from a member of the public regarding door replacements and other renovation work performed by a firm hired by Lowe’s in southern and central California.
Residential use of lead-based paint was banned in 1978, but it remains in many older homes and apartments across the country. Lead dust hazards can occur when lead paint deteriorates or is disturbed during home renovation and remodelling.
Lead exposure can cause a range of health problems, from behavioural disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.
A blood lead test is the only way to determine if a child has a high lead level. Parents who think their child has been exposed to lead dust should contact their child’s health care provider.
The consent decree was lodged in the U.S. District Court for the Central District of California and is subject to a 30-day public comment period and final court approval.
