EPA v. ALARCON PRO, LLC D/B/A ALARCON PRO PAINTING

Case summary

7/9/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $6,600.00 TO BE PAID IN SIX INSTALLMENTS, THE FIRST PAYMENT DUE WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON APRIL 30, 2024, THE EPA RECEIVED INFORMATION THAT RESPONDENT HAD CONDUCTED A RENOVATION AT A PRIVATE RESIDENCE CONSTRUCTED BEFORE 1978 FOR COMPENSATION. ON MAY 7, 2024, AN INSPECTOR WITH THE EPA, REGION 4, CONTACTED RESPONDENT BY PHONE ANDREQUESTED THAT RESPONDENT PROVIDE RECORDS PERTAINING TO RESPONDENT?S COMPLIANCE WITH 40C.F.R. PART 745, SUBPART E, REGARDING THE RENOVATION CONDUCTED AT THE PROPERTY. ON MAY 8,2024, RESPONDENT SUBMITTED RECORDS PERTAINING TO THE RENOVATION CONDUCTED BY RESPONDENT ATTHE PROPERTY. BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA ALLEGES THAT, IN THE COURSE OF THE RENOVATION OF THE PROPERTY SET FORTH IN THE CAFO, RESPONDENT FAILED TO: A. APPLY TO THE EPA AND OBTAIN FIRM CERTIFICATION TO PERFORM, OFFER, OR CLAIM TO PERFORMRENOVATIONS FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND745.89(A)(1). B. PROVIDE THE OWNER OF THE TARGET HOUSING WITH THE EPA-APPROVED LEAD HAZARD INFORMATIONPAMPHLET, IN VIOLATION OF 40 C.F.R. ? 745.84(A)(1); C. ENSURE THAT ALL INDIVIDUALS PERFORMING RENOVATION ACTIVITIES ON BEHALF OF THE FIRM WEREEITHER CERTIFIED RENOVATORS OR WERE TRAINED BY A CERTIFIED RENOVATOR, IN VIOLATION OF 40C.F.R. ?? 745.81(A)(2)(II) AND 745.89(D)(1); D. COVER THE GROUND WITH PLASTIC SHEETING OR OTHER DISPOSABLE IMPERMEABLE MATERIAL EXTENDING 10 FEET BEYOND THE PERIMETER OF SURFACES UNDERGOING RENOVATION OR A SUFFICIENT DISTANCE TO COLLECT FALLING PAINT DEBRIS, IN VIOLATION OF 40 C.F.R.?745.85(A)(2)(II)(C); AND E. ERECT VERTICAL CONTAINMENT OR EQUIVALENT EXTRA PRECAUTIONS IN CONTAINING THE WORK AREA TO ENSURE THAT DUST AND DEBRIS FROM THE RENOVATION DOES NOT CONTAMINATE ADJACENT BUILDINGS OR MIGRATE TO ADJACENT PROPERTIES, IN VIOLATION OF 40 C.F.R. ? 745.85(A)(2)(II)(D).

Defendants (1)

• ALARCON PRO, LLC D/B/A ALARCON PRO PAINTINGNamed in complaintNamed in settlement

Facilities (2)

• ALARCON PRO, LLC D/B/A ALARCON PRO PAINTING (TARGET HOUSING)

  2115 KENILWORTH PLACE, LOUISVILLE, KY, 40205

  Registry ID: 110072071555

• ALARCON PRO, LLC D/B/A ALARCON PRO PAINTING

  205 MACINTOSH DRIVE, SHELBYVILLE, KY, 40065

  Registry ID: 110072071520

Statutes cited

• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• ALARCON PRO, LLC D/B/A ALARCON PRO PAINTINGentered 2025-07-09

  Primary law: TSCA

  Federal penalty: $6,600

Timeline (4 milestones)

• 2025-07-09Complaint Filed/Proposed Order
• 2025-07-09Final Order Issued
• 2025-09-16Enforcement Action Data Entered
• 2026-01-09Enforcement Action Closed