Corporate-wide Settlement with Lowe’s Protects
Public from Lead Pollution During Home Renovations
WASHINGTON – Lowe’s Home Centers,
one of the nation’s largest home improvement
retailers, has agreed to implement a comprehensive,
corporate-wide compliance program at its over
1,700 stores nationwide to ensure that the contractors
it hires to perform work minimize lead dust
from home renovation activities, as required
by the federal Lead Renovation, Repair, and
Painting (RRP) Rule, the Department of Justice
and the U.S. Environmental Protection Agency
(EPA) announced today. The company will also
pay a $500,000 civil penalty, which is the largest
ever for violations of the RRP Rule.
The settlement stems from violations, discovered
by EPA inspectors, of the RRP Rule’s recordkeeping
and work practice standards at private homes
that had been renovated by Lowe’s contractors.
EPA enforces the RRP and other lead rules to
protect children and others who are vulnerable
to exposure to lead dust that can cause lead
poisoning.
“Today’s settlement sends a clear message to
all contractors and the firms they hire: Get
lead certified and comply with the law to protect
children from exposure to dangerous lead dust,”
said Cynthia Giles, assistant administrator
for EPA’s Office of Enforcement and Compliance
Assurance. “Lowe's is taking responsibility
for the actions of the firms it hires, and EPA
expects other contractors to do the same.”
“Today’s settlement requires Lowe’s to institute
a robust, nationwide program at over 1,700 of
its stores to ensure that the contractors it
hires to perform renovation projects, like window
and door installation, are properly certified
and adhere to practices that help prevent lead
contamination in customers’ homes,” said Robert
G. Dreher, Acting Assistant Attorney General
for the Justice Department’s Environment and
Natural Resources Division. “This action, the
first of its kind to address lead safe work
practices on a system-wide basis, will help
prevent children’s exposure to lead in communities
across the nation by raising home improvement
contractors’ awareness of EPA’s lead safety
regulations and contributing to a culture of
compliance.”
EPA discovered the violations through a review
of records from projects performed by renovators
working under contract for the following Lowe’s
stores: Alton, Ill.; Kent and Trotwood, Ohio;
Bedford, N.H.; Southington, Conn.; South Burlington,
Vt.; Rochester, N.Y.; Savannah and Lebanon,
Tenn.; Boise, Idaho Falls, and Nampa, Idaho;
and Muldoon, Ark.
The government complaint alleged that Lowe’s
failed to provide documentation showing that
specific contractors had been certified by EPA,
had been properly trained, had used lead-safe
work practices, or had correctly used EPA-approved
lead test kits at renovation sites. Additionally,
EPA’s investigation found that Lowe’s had also
failed to ensure that work areas had been properly
contained and cleaned during renovations at
three homes. EPA’s investigation was prompted
by tips and complaints submitted by the public.
In addition to the civil penalty, Lowe’s must
implement a comprehensive compliance program
to ensure that the contractors it hires to perform
work for its customers comply with the RRP Rule
during renovations of any child-occupied facilities,
such as day-care centers and pre-schools, and
any housing that was built before 1978. For
these projects, Lowe’s must contract with only
EPA-certified renovators, ensure they maintain
certification, and ensure they use lead safe
work practices checklists during renovations.
In addition, Lowe’s must suspend anyone that
is not operating in compliance with the rule,
investigate all reports of potential noncompliance,
and ensure that any violations are corrected.
The RRP Rule, which implements the federal
Toxic Substances Control Act, is intended to
ensure that owners and occupants of housing
built before 1978, as well as any child-occupied
facilities, receive information on lead-based
paint hazards before renovations begin, that
individuals performing such renovations are
properly trained and certified by EPA, and follow
specific work practices to reduce the potential
for lead-based paint exposure. Home improvement
companies such as Lowe’s that contract with
renovators to perform renovation work for their
customers must ensure that those contractors
comply with all of the requirements of the RRP
Rule.
Lead-based paint was banned in 1978 but still
remains in many homes and apartments across
the country. Lead dust hazards can occur when
lead paint deteriorates or is disrupted during
home renovation and remodeling activities. Lead
exposure can cause a range of health problems,
from behavioral disorders and learning disabilities
to seizures and death, putting young children
at the greatest risk because their nervous systems
are still developing.
In February 2014, EPA announced enforcement
actions that require 35 renovation firms and
training providers to take additional steps
to protect communities by minimizing harmful
lead dust from home renovation activities, as
required by the RRP Rule. Those settlements
generated a total of $274,000 in civil penalties.
Renovators that are certified under EPA’s RRP
Rule are encouraged to display EPA’s “Lead-Safe”
logo on worker’s uniforms, signs, websites,
and other material, as appropriate. Consumers
can protect themselves by looking for the logo
before hiring a home renovator.
Lowe’s operates over 1,700 stores throughout
the U.S., with over 120 additional stores located
in Canada and Mexico. Lowe’s Home Centers, LLC,
formerly known as Lowe’s Home Centers, Inc.
and Lowe’s HIW, Inc., is headquartered in Mooresville,
N.C.