EPA v. THERMO-TWIN INDUSTRIES, INC

Case summary

On or about December 18, 2013, Region 3 filed the above captioned settlement ? which involves the first Regional settlement of work practice violations of the RRP Rule. The subject CAFO simultaneously commences and resolves an administrative penalty proceeding against Respondent pursuant to Section 16(a) of the Toxic Substances Control Act (?TSCA?), 15 U.S.C. ? 2615(a), for violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. ?? 4851 et seq. (?Title X?), Sections 15, 402(c) and 406(b) of TSCA, 15 U.S.C. ?? 2614, 2682(c) and 2686(b), the underlying federal ?Renovation Repair and Painting Rule? regulations at 40 C.F.R. Part 745, Subpart E (?RRP Rule?) which statutory and regulatory provisions are enforceable pursuant to Section 409 of TSCA, 15 U.S.C. ? 2689, and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, and the Revocation/Termination or Suspension of Permits, 40 C.F.R. Part 22. The CAFO commences and resolves Respondent?s RRP Rule violations with respect to 3 residential properties in Latrobe, Glenshaw and Yukon, PA. During the relevant time period, Respondent was the ?renovator? and/or ?firm? of the ?target housing? identified above. The alleged violations pertain to Respondent?s failure to: 1) retain records necessary to demonstrate compliance with the RRP; 2) comply with multiple pre and post-cleanup work practice requirements; and 3) ensure that a certified renovator was assigned to each renovation performed by the firm and discharges all certified renovator responsibilities identified in the relevant provisions of the RRP rule. This CAFO is being entered into pursuant to 40 C.F.R. ?? 22.18(b)(2) and (3) and ? 22.13(b). Under the terms of the CAFO, Respondent will pay a civil penalty in the amount of $ 25,690. Regionally, this represents the highest civil penalty settlement to date, as well as the first case to allege work practice violations under 40 C.F.R. Section 745.85 (?Work practice standards?). The case was initiated as a result of a complaint from a homeowner/tipster and did not involve an independent EPA inspection of the subject properties.

Defendants (1)

• THERMO-TWIN INDUSTRIES, INCNamed in complaintNamed in settlement

Facilities (1)

• THERMO-TWIN INDUSTRIES, INC

  106 ADOLPH LANE, RUFFS DALE, PA, 15679

  Registry ID: 110056974760

Statutes cited

• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• THERMO-TWIN INDUSTRIES, INCentered 2013-12-18

  Primary law: TSCA

  Federal penalty: $25,690

Timeline (3 milestones)

• 2013-12-18Final Order Issued
• 2013-12-18Complaint Filed/Proposed Order
• 2014-01-15Enforcement Action Data Entered