Enforcement of Lead Laws and Regulations in Region 5
EPA’s Region 5 office serves Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin and 36 Tribes
FY 2024 Lead Enforcement and Regional Geographic Initiatives Highlights
Regional Geographic Initiatives
The Region 5 Pesticides and Toxics Compliance Section conducted lead-based paint geographic initiatives in Lorain County, Ohio (FY2019 to FY2022); South Bend, Indiana (FY 2022); Peoria, Illinois (FY2023) and St. Paul, Minnesota (2024). Seventeen inspections were conducted in Lorain County, Ohio. Of the 17 inspections, six were closed with no action, and 11 were settled with compliance agreements and final orders (CAFOs). EPA collected $393,401 in penalties to settle violations uncovered by inspections in Lorain County, Ohio. EPA conducted thirty-two lead-based paint inspections and investigations in South Bend, Indiana; Peoria, Illinois; and St. Paul, Minnesota.
Clean Air Act
Republic Steel in Canton, Ohio, modified its operations in response to a consent decree that required the company to reduce its lead emissions that had been causing community ambient concentrations of lead above the NAAQS. The consent decree required a penalty of $990,000, and current ambient lead concentrations are a small fraction of the NAAQS, a great success.
Region 5 focused its resources to reduce metal hazardous air pollutants in the Minneapolis – St. Paul area. Two prominent settlements so far are:
Smith Foundry – EPA found that Smith was emitting excessive amounts of particulate matter and not properly maintaining its pollution control equipment. In a recent settlement, the company offered to shutdown most of the facility within twelve months and take steps to reduce pollution emissions until then. The levels of pollution in the surrounding community are far below national standards. Press Release: EPA Announces Settlement with Smith Foundry to Cease Furnace and Casting Operations within 12 Months and Pay $80,000
Federal Cartridge – This ammunition supplier uses lead in its products. Ambient air monitoring showed that the levels of lead exceeded National Standards. Federal Cartridge also tested its operation and revealed that its pollution control equipment was not working, emitting excessive particulate matter and lead. A recent settlement required the company install High Efficiency Particulate Air Filters, new hoods, and improve its processes to greatly reduce lead emissions. Press Release: EPA Announces Settlement with Federal Cartridge Co. in Anoka, Minnesota, for Alleged Clean Air Act Violations
Resource Conservation and Recovery Act
EPA issued a RCRA section 7003 imminent and substantial endangerment order for Accel Schools Ohio LLC to address lead paint concerns and asbestos at three of its schools in Ohio: Youngstown Academy of Excellence (1408 Rigby St., Youngstown); Niles Preparatory Academy (45 Chestnut Ave., Niles); and STEAM Academy of Warren (261 Elm Road, Warren). Under EPA’s Resource Conservation and Recovery Act authority to address conditions which may present an imminent and substantial endangerment to health or the environment, the order requires Accel to take the following actions:
Restrict access to the school buildings. Certain areas of the buildings can begin to open once testing confirms the area is free of asbestos and lead paint hazards.
Notify parents of the concerns.
Fully assess and abate asbestos and lead-based paint hazards.
Toxic Substances Control Act
Region 5 referred two lead renovation, repair and painting (RRP) cases to the department of justice:
Referred claims to DOJ for violations under TSCA Lead RRP Rule for Homeworks Construction and the RRP Rule and Lead Disclosure Rule for Homeworks Construction, South Bend, Indiana.
Referred claims to DOJ for Parsley Properties, Connersville, Indiana. The DOJ Referral alleges that Parsley Properties failed to comply with TSCA lead-based paint rules requiring disclosure of lead hazards in its buildings.