CertaPro Painters settles with EPA for allegedly violating lead-based paint rules

CertaPro Painters of Maine has reached a settlement agreement with the EPA for allegedly violating the lead renovation, repair and painting rule, which is designed to protect children from lead that may be present in old paint.

The Westbrook-based company paid a fine of $16,636 to the U.S. Environmental Protection Agency and certified it has complied with the rule.

The settlement came after the EPA requested documents from CertaPro Painters concerning complaints from homeowners about children between the ages of 6 and 17 confirmed to be residing in at least two properties at jobs CertaPro performed in 2021 and 2022 in Maine.

"We can confirm that our company fully cooperated with an EPA audit of our painting projects completed during the 2021-22 period and that after that audit, investigators found four instances in nearly 1,000 projects completed where our team members are alleged not to have fully complied with all aspects of the RRP Rule," said company owner Ian Kopp in a prepared release from the EPA.

"We can confirm that we reached an agreement with the EPA where we do not admit or deny the factual allegations."

“Our company is fully committed to protecting our team members, customers and Maine children from the potential harmful effects of lead exposure,” Kopp continued. “Rather than contest the auditor’s allegations through the legal process, we chose to focus our energies on cooperating with the investigation and identifying ways to improve our processes and procedures so that there can be no question about our safety commitment.”

According to the release, during the investigation, the EPA determined that among other alleged lead-based paint violations, CertaPro Painters of Maine failed to:

ensure that all individuals performing renovation activities on behalf of the firm were either certified renovators or had been trained by certified renovators.
assign a certified renovator to each renovation performed by the firm
provide the owner of the unit with an EPA-approved lead hazard information pamphlet
ensure that, before beginning the renovation, the ground was covered with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation
ensure that all ducts in the work area were covered with taped-down plastic sheeting or other impermeable material

The RRP Rule has been designed to prevent children from being exposed to lead-based paint and lead-based paint hazards from renovation, repairs and painting projects in pre-1978 homes, schools and other buildings where children may be present.

"Protecting children's health by reducing lead exposure is a major priority for EPA under the Biden Administration," said EPA New England Regional Administrator David W. Cash. "Ensuring that renovation projects of homes and facilities where children can be exposed to lead are conducted safely is imperative. Lead poisoning can cause lifelong health, learning and behavior problems.

"Employing safe work practices during renovation projects can help prevent lead poisoning. This is even more important considering that many historically overburdened communities both in parts of Maine and throughout New England suffer from higher rates of childhood lead poisoning."

Kopp said that the company has increased its team member RRP Rule training, improved customer education and record keeping, conducted additional third-party testing for lead-based paint for projects, and is adding staff members to ensure onsite compliance. "Among our company core values is practice continuous improvement," said Kopp. "I am confident that our team has meaningfully improved the ways in which we meet or exceed the RRP Rule requirements."