EDF Health

Selected tag(s): RRP

Implications of Home Depot’s lead-based paint settlement and $20 million penalty

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: January 8, 2021

Tom Neltner, J.D., is Chemicals Policy Director.

In January 2017, the outgoing Obama Administration undertook a criminal investigation of Home Depot for alleged violations of the Lead-Safe Renovation, Repair and Painting (RRP) Rule. Last month, the Environmental Protection Agency (EPA) signed a proposed civil consent decree with Home Depot committing the company to establishing a comprehensive set of detailed procedures designed to ensure compliance with the rules and protect customers from lead poisoning.  The company also paid a fine of more than $20 million in civil penalties – more than any other under the Toxic Substances Control Act.

A federal court will consider accepting the proposed consent decree after reviewing public comments received by January 20, 2021.

The proposed consent decree is important because it:

  • Serves as a reminder that companies that subcontract work to others are responsible for complying with the RRP rule; and
  • Provides a comprehensive template for other retailers and general contractors to adopt to ensure compliance.

The settlement also alerts us of troublesome implications of a new federal policy that limits violators’ ability to direct some of the fines to affected communities for activities such as lead poisoning prevention projects.

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EPA reaffirms Lead-Safe Renovation, Repair, and Painting Rule, citing 150% to 500% payback

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: May 10, 2018

Tom Neltner, J.D., is Chemicals Policy Director

In April 2018, the Environmental Protection Agency (EPA) completed a thorough review of its Lead-Safe Renovation, Repair, and Painting Rule (RRP) promulgated a decade ago. This rule requires contractors and landlords to use lead-safe work practices when more than minor amounts of lead-based paint in homes built before 1978 are disturbed. It also applies to pre-1978 child-occupied facilities. This review was conducted pursuant to Section 610 of the Regulatory Flexibility Act because of RRP’s significant impact on more than 300,000 small businesses that perform more than 4 million affected projects each year.

EPA concluded that RRP, including several post-2008 amendments, “should remain unchanged without any actions to amend or rescind it.” As part of the review, the agency updated its economic analysis and found that the estimated annual societal benefits, primarily in improved children’s IQ, of $1.5 to $5 billion exceeds the $1 billion in estimated annual compliance costs. Those estimates translate into an impressive annual payback of 150% to 500%. Keep in mind that these benefits do not include the lower risk of premature cardiovascular deaths attributed to adult lead exposure in a March 2018 report in Lancet.

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Making federally-assisted housing lead-safe for children

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: November 30, 2016

Tom Neltner, J.D., is Chemicals Policy Director

Housing supported by the Federal Government should not be poisoning children.

That was the simple message Congress delivered to the Department of Housing and Urban Development (HUD) in the Residential Lead-Based Paint Hazard Reduction Act of 1992. Despite some real progress since then, recent cases of lead poisoning in federally-assisted housing in Chicago and Indiana suggest there is still much work to be done.

Thanks to a strong public push to highlight these failings, HUD recently proposed changes to its “Lead Safe Housing Rule.” At the heart of these changes is lowering the level of lead in children’s blood considered “elevated,” the trigger for local housing authorities to conduct detailed inspections of a child’s home for lead. HUD has continued to use a level of 20 µg/dL set in 1999, despite a consensus that lead is harmful to children at much lower levels. HUD is on track to finalize the rule in January 2017 after sending it to the Office of Management and Budget on November 21 for final review.  Jan. 13, 2017 update: HUD issued a final rule that was similar to what was proposed.

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