Detroit Renovations, LLC and Nicole Curtis (Board decision, January 14, 2020)

Plain-English summary

EPA alleged that Detroit Renovations, LLC and Nicole Curtis failed to comply with TSCA section 409 and the lead-based-paint renovation rules in 40 C.F.R. part 745, subpart E. The settlement assessed a $48,877 civil penalty, remitted $45,877 if the respondents satisfied the agreement's conditions, and required payment of $3,000. The conditions included renovator certification, lead-based-paint education in video productions and public appearances, recurring newsletter and social-media content, a website page, and compliance reports. The EAB ratified the settlement without adjudicating the alleged violations.

Decision snapshot

• Cited authorities: TSCA §§ 401, 402(c), 406(b), 409, and 16; 15 U.S.C. §§ 2615 and 2689; 40 C.F.R. part 745
• Outcome: The Consent Agreement was ratified, $45,877 was remitted subject to compliance conditions, and $3,000 remained payable.
• Key point: The settlement tied partial penalty remission to lead-based-paint training, public education, communications, and reporting obligations.

Full text (EPA EAB public release, OCR transcription)

FILED

Jan 14 2020
Clerk, Environmgntal Appeals Board
ENVIRONMENTAL APPEALS BOARD INITIALS Y eed
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
In re: )
) Docket No. TSCA-HQ-2018-5006
Detroit Renovations LLC, and Nicole Curtis )
)
Respondents. )
)

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.

ENVIRONMENTAL APPEALS BOARD!
Dated: _January 14, 2020 ‘ _

Aaron P. Avila
Environmental Appeals Judge

! The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch and Kathie A. Stein.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Detroit Renovations, LLC and Nicole Curtis, Docket No. TSCA-HQ-2018-5006, were

sent to the following persons in the manner indicated:

By First Class Certified Mail, Return Receipt
Requested:

Nicole Curtis

Detroit Renovations, LLC

1350 Lagoon Avenue, Suite 900
Minneapolis, Minnesota 55408

Via Pouch Mail

Britt Bieri

Office of Regional Counsel

United States Environmental Protection Agency
Region 7

11201 Renner Boulevard

Lenexa, Kansas 66219

Dated: Jan 14 2020

By Interoffice Mail:

Rosemarie Kelley, Director

Office of Civil Enforcement

Office of Enforcement and Compliance
Assurance

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW (Mail Code 2248A)
Washington, DC 20460

Gregory Sullivan, Director

Waste and Chemical Enforcement Division
Office of Civil Enforcement

Office of Enforcement and Compliance
Assurance

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460

Headquarters Hearing Clerk

Office of Administrative Law Judges
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW

(Mail Code 1900R)

Washington, DC 20460

Snrelkciere m)

Annette Duncan
Administrative Specialist

IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS Docket No. TSCA-HQ-20 I 8-5006

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.
)
In the Matter of: )
) Docket No. TSCA-HQ-2018-5006
Detroit Renovations, LLC and )
Nicole Curtis )
)
)
Respondents. )
CONSENT AGREEMENT AND FINAL ORDER

1. PRELIMINARY STATEMENT
2. This proceeding for the assessment of a civil penalty was commenced on August

1, 2018, when Complainant, the U.S. Environmental Protection Agency (“EPA” or “Complainant”), pursuant to Section 16 of the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2615, filed a Complaint and Notice of Opportunity for Hearing (“Complaint”) with the EPA Headquarters’ Hearing Clerk alleging that Respondents, Detroit Renovations, LLC and Nicole Curtis (“Respondents”), violated Section 409 of the TSCA, 15 U.S.C. § 2689, by failing to comply with the regulatory requirements of 40 C.F.R. Part 745, Subpart E, Residential Property Renovation. The Complaint proposed a civil penalty against Respondents. Complainant filed an Amended Complaint on June 17, 2019. Before and after the case was filed, the parties entered negotiations in an attempt to settle the alleged violations. This Consent Agreement and Final Order is the result of such negotiations.

2. Complainant and Respondents hereby enter into this Consent Agreement
   (“Agreement” or “Consent Agreement”), and the attached Final Order (collectively, the “CAFO”) before adjudicating any issues of law or fact.

3. This CAFO resolves an administrative action for the assessment of civil penalties
   instituted pursuant to Section 16(a) of TSCA, 15 U.S.C. § 2615(a). Pursuant to Section 16(a)(2)(C), “[t]he Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection.”

il. PARTIES

4. Complainant, by delegation from the Administrator of the U.S. Environmental
   Protection Agency, is Gregory Sullivan, Director, Waste and Chemical Enforcement Division, Office of Civil Enforcement and Compliance Assurance. Gregory Sullivan is authorized by lawful delegation to initiate and settle civil administrative actions brought pursuant to Section 15 and Section 16 of TSCA. Pursuant to Section 16(a)(2)(C) of TSCA and by lawful delegation, the Director of the Waste and Chemical Enforcement Division is authorized to sign agreements and

IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS Docket No. TSCA-HQ-20 18-5006

orders to remit all or part of a civil administrative penalty if Respondents satisfy conditions specified by agreement, and to sign an order not remitting the penalty and declaring the penalty due if the EPA determines that Respondents have not satisfied conditions of the agreement.

5. Respondents are Detroit Renovations, LLC, a limited liability company registered
   to do business in the states of Minnesota, and Nicole Curtis, a natural person.

fil. CONSENT AGREEMENT

6. For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2),
   Respondents:

a. admit the jurisdictional allegations set forth in the Amended Complaint;

b. neither admit nor deny the specific factual allegations contained in the Amended Complaint;

c. consent to the assessment of a civil penalty as stated below;

d. consent to the issuance of any specified compliance or corrective action order;

€. consent to any conditions specified in this Consent Agreement;

f. _waive any right to contest the alleged violations of law set forth in the Amended Complaint; and

g. Waive their rights to appeal the Final Order accompanying this Consent Agreement.

7. Respondents consent to the issuance of this Consent Agreement and Final Order
   and consent for the purposes of settlement to the payment of the civil penalty specified herein, conditioned upon Respondents’ compliance with all the terms herein.

8. Respondents and EPA agree to resolve this matter without the necessity of a formal
   hearing and to bear their respective costs and attorney’s fees.

A. Penalty Payment

9. Pursuant to Section 16 of TSCA, 15 U.S.C. § 2615, EPA considered the nature,
   circumstances, extent, and gravity of the alleged violations; Respondents’ ability to pay; the effect of the penalty on Respondents’ ability to continue operations; Respondents’ history of prior violations; Respondents’ degree of culpability; any economic benefit gained; and such other matters as justice requires. After consideration of the foregoing factors and the factors set forth in EPA’s Interim Final Consolidated Enforcement Response and Penalty Policy for the Pre-Renovation Education Rule; Renovation, Repair and Painting Rule; and Lead-Based Paint

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Activities Rule dated August, 2010 (“LBP Consolidated ERPP”), EPA determined that a civil penalty in the amount of Forty-Eight Thousand Eight Hundred Seventy-Seven Dollars ($48,877) is assessed against Respondents for the violations of TSCA alleged herein.

10. Pursuant to Section 16(a)(2)(C) of TSCA, 15 U.S.C. § 2615(a)(2)(C), and 40
    C.F.R. § 22.31, EPA agrees to remit Forty-Five Thousand Eight Hundred Seventy-Seven Dollars ($45,877) of the civil penalty, for the TSCA violations alleged herein through the effective date of this CAFO, conditioned upon Respondents’ compliance with all the terms and Conditions set forth in Section III.C. of this CAFO, to EPA’s satisfaction.

11. | EPA and Respondents agree that, in compromise of the claims alleged in the
    Complaint and upon satisfaction of the Conditions set forth in Section III.C. of this Consent Agreement and Final Order, Respondents shall pay a civil penalty of Three Thousand Dollars ($3,000.00) as set forth below.

12. Respondents shall pay the penalty within thirty (30) days of the effective date of
    this CAFO. Such payment shall identify Respondents by name and docket number and shall be by certified or cashier’s check made payable to the “United States Treasury” and sent to:

US Environmental Protection Agency
Fines and Penalties

Cincinnati Finance Center

PO Box 979077

St. Louis, MO 63197-9000,

or by alternate payment method described at hitp:/Wwww.epa. gov/financial/makepayment.

13. A copy of the check or other information confirming payment shall
    simultaneously be sent to the following:

Hearing Clerk, Mail Code 1900
U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW
Washington, DC 20460

and

Maria Morey

U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard

Lenexa, Kansas 66219.

14. Respondents understand that their failure to timely pay any portion of the civil
    penalty as stated herein may result in the commencement of a civil action in Federal District Court to recover the full remaining balance, along with penalties and accumulated interest. In such case, interest shall begin to accrue on a civil or stipulated penalty from the date of

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delinquency until such civil or stipulated penalty and any accrued interest are paid in full. 31 C.F.R. § 901.9. Interest will be assessed at a rate of the United States Treasury Tax and loan rates in accordance with 31 U.S.C. § 3717. Additionally, a charge will be assessed to cover the costs of debt collection including processing and handling costs, and a non-payment penalty charge of six (6) percent per year compounded annually will be assessed on any portion of the debt which remains delinquent more than ninety (90) days after payment is due. 31 U.S.C.

§ 3717(e)(2).

B. Compliance Requirements

‘15. Respondents shall henceforth comply with all applicable requirements of Sections 402(c) and 406(b) of TSCA and theif implementing regulations at 40 C.F.R. Part 745 in connection with any regulated renovations conducted in “Target Housing,” as defined in Section 401 of TSCA, 15 U.S.C. § 2681.

C. Conditions

Respondents and EPA have also agreed, in compromise of the civil penalty that otherwise may be imposed herein, to the following conditions of settlement:

16. Lead-Based Paint Renovation, Repair and Painting Training: Within 60 days from
    the effective date of this CAFO, Respondent Nicole Curtis must complete Renovator Certification outlined in 40 C.F.R. 745.90(a)(1) and must provide a copy of the course completion certificate with the status report outlined in paragraph 27.

17. Future Video Productions: For any video productions that have not been
    broadcast prior to the execution of this agreement and that will be distributed on public airwaves, cable television, or internet distribution channels within two (2) years from the effective date of this CAFO, and that depict Respondent Nicole Curtis as the primary talent and where she is conducting renovations of Target Housing, Respondents shall use their best efforts to cause to be dedicated aclearly visible graphic overlay placed in the lower area of the public viewing screen related to lead-based paint issues at least one (1) time in each episode of each video production. The graphic overlay must contain language agreed upon by Complainant. As used in this CAFO, “best efforts” means the efforts that a reasonable person in the position of Respondents would use to ensure satisfaction of the conditions in this paragraph. Respondents shall provide written documentation demonstrating best efforts used to the EPA in the same manner and method as written compliance reports, as described in paragraph 27.

18. Email Newsletter: For a period of two (2) years from the effective date of this
    CAFO, Respondent Nicole Curtis shall dedicate a portion of her quarterly email newsletter, for a total of eight (8) email newsletters, to lead-based paint issues. A portion of each email newsletter must relate to one or more of the topics contained in the attached Appendix A and must be at least 200 words in length. Each newsletter must contain a topic from Appendix A which has not been published in a prior newsletter.

19. Social Media Project-Instagram: For a period of two (2) years from the effective

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date of this CAFO, Respondent Nicole Curtis shall dedicate from her Instagram account, currently @detroitdesign (or, if the aforementioned account is no longer active, an equivalent successor Instagram account which Nicole Curtis owns, manages, or controls), a quarterly post or Instagram story, for a total of eight (8) Instagram posts or Instagram stories, containing video or a photograph(s) and words related to lead-based paint issues. Each Instagram post and Instagram story must relate to one or more of the topics contained in the attached Appendix A. Each post must relate to one or more of the topics from Appendix A. The content shall remain active for at least two (2) years. Respondent Nicole Curtis will not delete tweets for two (2) years.

20. Social Media Project-Twitter: For a period of two (2) years from the effective
    date of this CAFO, Respondent Nicole Curtis shall dedicate from her Twitter account, currently
    @nicolecurtis (or, if the aforementioned account is no longer active, an equivalent successor Twitter account which Nicole Curtis owns, manages, or controls), a quarterly tweet, fora total of eight (8) tweets, containing video, photograph(s) and/or words related to lead-based paint issues. Each tweet must relate to one or more of the topics contained in the attached Appendix A. Respondent Nicole Curtis will not delete tweets for two (2) years.

21. Social Media Project-Facebook: For a period of two (2) years from the effective
    date of this CAFO, Respondent Nicole Curtis shall dedicate from her Facebook account, currently https:/Avww.facebook.com/nicolecurtisrehabad dict (or, if the aforementioned account is no longer active, an equivalent successor Facebook account which Nicole Curtis owns, manages, or controls), a quarterly post or Facebook Live video, for a total of eight (8) Facebook posts or Facebook Live videos, containing video or a photograph(s) and words related to lead - based paint issues. Each Facebook post and Facebook Live video must relate to one or more of the topics contained in the attached Appendix A. Respondent Nicole Curtis will not delete the content related to lead-based paint issues for two (2) years.

22. Website Project: Within sixty (60) days of the effective date of this CAF O,
    Respondent Nicole Curtis shall cause to be created a dedicated webpage on her website, www.nicolecurtis.com, containing video(s), photograph(s), words, and weblinks related to lead - based paint issues. The webpage content must relate to one or more of the topics contained in the attached Appendix A and must be at least 200 words in length. Respondent Nicole Curtis will not remove the webpage for at least two (2) years from the entry date of this CAFO.

23. Lead -Based Paint Information Distribution: During the period of two (2) years
    from the effective date of this CAFO is filed, Respondent Nicole Curtis shall distribute informational materials related to lead-based paint issues at a minimum of three (3) public appearances related to home renovations. The informational materials must relate to one or more of the topics contained in the attached Appendix A. Informational material can be that which was created by EPA such as: “The Lead-Safe Certified Guide to Renovate Right” in English as well as Spanish, available at: https://www.epa.gov/sites/production/files/d ocuments/renovaterightbrochure.pdf.

24. Respondents shall ensure that all content used by Respondents to satisfy
    paragraphs 17 through 23, and paragraph 26, is consistent with the requirements of EPA's Lead

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Renovation, Repair and Painting Rule (RRP) in 40 C.F.R. Part 745, Subpart E.

25. Respondents agree that EPA has the right to use, republish, and disseminate all
    content developed by Respondents to satisfy any of the conditions in this CAFO for the purpose of education regarding lead-based paint issues.

26. If Respondents, despite their documented best efforts, are unable to cause the
    broadcast or distribution of video productions with clearly visible graphic overlays as described in paragraph 17 above, the following conditions are substituted for those in paragraph 17:

a. For any and every episode of a video production that has not been broadcast prior to the execution of this agreement but that is distributed or broadcast for the first time (“premier broadcast”) over public airwaves, cable television, or internet distribution channels within two (2) years from the effective date of this CAFO, and that depicts Respondent Nicole Curtis as the primary talent performing or conducting renovations of Target Housing and such video production is broadcast without a graphical overlay as described in paragraph 17, Respondent Nicole Curtis shall dedicate from her Twitter, Instagram, and Facebook accounts (or equivalent successor social media accounts owned, managed or controlled by Nicole Curtis), a social media post across all three platforms containing video, photograph(s) and/or words related to lead-based paint issues during the premiere broadcast of such episode.

b. Ifno episodes of the video productions referenced in paragraph 17 above are distributed or broadcast over public airwaves, cable television channels, or internet distribution channels within two (2) years from the effective date of the CAFO, in addition to the requirements of paragraphs 19 through 21, Respondents shall complete four (4) additional social media items for each medium described in paragraphs 19, 20, and 21, within two (2) years from the effective date of the CAFO.

27. Respondents shall submit two (2) compliance reports describing how
    Respondents have complied with the conditions contained in paragraphs 16 through 23, and 26, above, including the dates of the airing of the episodes referenced in paragraph 17, the dates the content referenced in paragraphs 18 through 23 was disseminated, and documentation of what was disseminated. The first compliance report must be submitted within one (1) year from the entry date of this CAFO. The second compliance report must be submitted within two (2) years from the entry date of this CAFO. The compliance reports should be submitted by postal or electronic mail to:

Maria Morey

U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard

Lenexa, Kansas 66219

[email protected].

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28. Prior to making a determination that Respondents have failed to comply with any
    term or condition set forth in Section III.C., EPA will give Respondents written notice or notices of deficiencies, and provide Respondents at least thirty (30) days, or other reasonable time(s) to cure such deficiencies.

29. If EPA determines that Respondents have failed to comply with any term or
    condition set forth in Section III.C., fully and satisfactorily, EPA may issue a non-remittance Order requiring Respondents to pay the remaining Forty-Five Thousand Eight Hundred Seventy- Seven Dollars ($45,877) referenced in paragraph 10, or a lesser amount, plus interest accrued from the effective date of this CAFO as described in paragraph 14. Respondents waive their right toa hearing under 16(a)(2) of TSCA, 15 U.S.C. § 2615(a)(2), or any other law. Respondents further agree to be bound by EPA’s determination under this paragraph. The EPA will take into consideration all projects set forth in Section III.C. actually performed by Respondents and any cost documents submitted by Respondents in evaluating the amount of remittance sought.

D. Effect of Settlement, Reservation of Rights, and Covenant Not to Sue

30. Full payment of the civil penalty and compliance with all terms of this Consent
    Agreement in full shall only resolve Respondents’ liability for Federal civil penalties for the violations and facts alleged in the Amended Complaint. Complainant reserves the right to take enforcement action with respect to any other violations of the TSCA or other applicable law.

31. The effect of settlement described in the immediately preceding paragraph is
    conditioned upon the performance of the conditions set forth in Section III.C. and the accuracy of Respondents’ representations to EPA, as memorialized in the paragraph directly below. Failure to comply with the terms and conditions set forth in Section ITI.C. will void the release provided for in paragraph 30 and Complainant’s covenant not to sue.

32. Respondents certify by the signing of this Consent Agreement that, to the best of
    their knowledge and belief, they are presently in compliance with all requirements of TSCA and its implementing regulations. Respondents further certify that all videographic projects used to satisfy paragraph 17 depict activities that are compliant with the TSCA Lead-Based Paint Renovation, Repair and Painting Rule.

33. | This CAFO does not waive, extinguish or otherwise affect Respondents’
    obligations to comply with all applicable provisions of TSCA and regulations promulgated thereunder.

34. Complainant reserves the right to enforce the terms and conditions of this CAFO.
    35, Respondents and Complainant agree that each shall bear their own costs, attorneys’ fees, and other expenses incurred as a result of this matter and agree to forfeit any

claim against the other for costs, attorneys’ fees, or other expenses incurred which arise in any way from the subject matter of this Consent Agreement.

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E. General Provisions

36. By signing this Consent Agreement, the undersigned representatives of
    Complainant and Respondents certify that they are fully authorized to execute and enter into the terms and conditions of this Agreement and have the legal capacity to bind the party they represent to this Consent Agreement.

37. This Consent Agreement shall not dispose of the proceeding without a final order
    from the Environmental Appeals Board ratifying the terms of this Consent Agreement. This CAFO shall be effective upon the date of the filing of the Final Order by the Environmental Appeals Board. Unless otherwise stated, all time periods stated herein shall be calculated in calendar days from such date.

38. The penalty specified herein shall represent civil penalties assessed by EPA and
    shall not be deductible for purposes of Federal, State and local taxes.

39. This CAFO shall apply to and be binding upon Respondents, Respondents’
    agents, successors and/or assigns. Respondents shall ensure that all contractors, employees, consultants, firms, or other persons or entities acting for Respondents with respect to matters included herein comply with the terms of this CAFO.

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IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS
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WE HEREBY AGREE TOTHIS:

For RESPONDENT
DETROIT RENOVATIONS, LLC
Date: Nov 25,2019 By: an

Signature

Nicole Curtis
Print Name

President

Title

For RESPONDENT
NICOLE CURTIS

Date: Nov 25,2019

S{gnature A

Nicole Curtis

Print Name

Nicole Curtis
Title

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kar COMPLAINANT
LS. ENVIRONMENTAL PROTECTION AGENCY

. Sullivanirector
Waste and Chemical Fnforcement Division
Office of Enforcement and Complianee Assurance

Britt Bieri
Assistant Regional Counse!
Office of Regional Counsel. Region 7

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APPENDIX A

Line Topic Citation Subtopic

1 General None A statement about the use of lead-based paint in homes built prior to 1978 and its continuing presence in older homes.

2 General None A statement about the danger of human
exposure to lead-based paint, especially to
children.

3 General None A general statement of the requirements of

EPA's Lead Renovation, Repair and Painting
Rule (RRP) in 40 C.F.R. Part 745, Subpart E,
and recommending that persons check federal,
state and local lead-based paint regulations
before renovating, or hiring someone to
renovate, a home built prior to 1978.

4 General None A discussion of the health benefit and legal requirements of hiring RRP Certified Firms and Renovators to perform renovations on homes built prior to 1978 (assuming they have not passed tests identified in 40 CFR 745.82(a)).

5 General None Any other statements or topics approved in writing in advance by the EPA.

6 General Work 40 C.F.R. Renovation firms must post signs clearly Practices § 745.85(a)(1) defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside of the work area. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification have been

completed.
7 General Work 40 C.F.R. Before beginning the renovation, the firm must Practices § 745.85(a)(2) isolate the work area so that no dust or debris

leaves the work area while the renovation is
being performed. In addition, the firm must
maintain the integrity of the containment by
ensuring that any plastic or other impermeable
materials are not torn or displaced, and taking
any other steps necessary to ensure that no dust
or debris leaves the work area while the

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renovation is being performed. The firm must
also ensure that containment is installed in such
a manner that it does not interfere with
occupant and worker egress in an emergency.

Interior Work
Practices

40 CER. §
745.85(a)(2)(i)(A)

Firms must remove all objects from the work
area, including furniture, rugs, and window
coverings, or cover them with plastic sheeting
or other impermeable material with all seams
and edges taped or otherwise sealed.

Interior Work
Practices

40 CER. §
745.85(a)(2)(i)(B)

Firms must close and cover all ducts opening in
the work area with taped-down plastic sheeting
or other impermeable material.

10

Interior Work
Practices

40 CER. §
745.85(a)(2)(i)(C)

Firms must close windows and doors in the
work area. Doors must be covered with plastic
sheeting or other impermeable material. Doors
used as an entrance to the work area must be
covered with plastic. sheeting or other
impermeable material in a manner that allows
workers to pass through while confining dust
and debris to the work area.

1]

Interior Work
Practices

40 CER. §
745.85(a)(2)(i)(D)

Firms must cover the floor surface, including
installed carpet, with taped-down plastic
sheeting or other impermeable material in the
work area 6 feet beyond the perimeter of
surfaces undergoing renovation or a sufficient
distance to contain the dust, whichever is
greater. Floor containment measures may stop
at the edge of the vertical barrier when using a
vertical containment system consisting of
impermeable barriers that extend from the floor
to the ceiling and are tightly sealed at joints
with the floor, ceiling and walls.

12

Interior Work
Practices

40 CER. §
745.85(a)(2)(i(E)

Firms must use precautions to ensure that all
personnel, tools, and other items, including the
exteriors of containers of waste, are free of dust
and debris before leaving the. work area.

13

Exterior Work
Practices

40 CER. §
745.85(a)(2)(ii)(A)

Firms must close all doors and windows within
20 feet of the renovation. On multi-story
buildings, close all doors and windows within
20 feet of the renovation on the same floor as
the renovation, and close all doors and windows
on all floors below that are the same horizontal
distance from the renovation.

14

Exterior Work

40 CFR. §

Firms must ensure that doors within the work

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Practices

745.85(a)(2)(ii(B)

area that will be used while the job is being
performed are covered with plastic sheeting or
other impermeable material in a manner that
allows workers to pass through while confining
dust and debris to the work area.

15

Exterior Work
Practices

40 CFR. §
745.85(a)(2)(ii(C)

Firms must 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, whichever is greater, unless the property
line prevents 10 feet of such ground covering.
Ground containment measures may stop at the
edge of the vertical barrier when using a
vertical containment system.

16

Exterior Work
Practices

40 CFR. §
745.85(a)(2)(ii)(D)

If the renovation will affect surfaces within 10
feet of the property line, the renovation firm
must 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. Vertical
containment or equivalent extra precautions in
containing the work area may also be necessary
in other situations in order to prevent
contamination of other buildings, other areas of
the property, or adjacent buildings or
properties.

17

Prohibited
Work Practices

40 C.F.R. §
745.85(a)(3)(ii)

The use of machines designed to remove paint
or other surface coatings through high speed
operation such as sanding, grinding, power
planing, needle gun, abrasive blasting, or
sandblasting, is prohibited on painted surfaces
unless such machines have shrouds or
containment systems and are equipped with a
HEPA vacuum attachment to collect dust and
debris at the point of generation. Machines
must be operated so that no visible dust or
release of air occurs outside the shroud or
containment system.

18

Waste
Containment

40 CFR. §
745.85(a)(4)(i)

Waste from renovation activities must be
contained to prevent releases of dust and debris

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before the waste is removed from the work area
for storage or disposal. If a chute is used to
remove waste from the work area, it must be
covered.

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Waste
Containment

40 CER. §
745.85(a)(4)(ii)

At the conclusion of each work day and at the
conclusion of the renovation, waste that has
been collected from renovation activities must
be stored under containment, in an enclosure, or
behind a barrier that prevents release of dust
and debris out of the work area and prevents
access to dust and debris.

20

Waste
Containment

40 CFR. §
745.85(a)(4)(iii)

When the firm transports waste from renovation
activities, the firm must contain the waste to
prevent release of dust and debris.

21

Renovator
Certification

40 CER. §
745.90(a)(1)(a)

To become a certified renovator or certified
dust sampling technician, an individual must
successfully complete the appropriate course
accredited by EPA under § 745.225 or by a
State or Tribal program that is authorized under
subpart Q of this part. The course completion
certificate serves as proof of certification. EPA
renovator certification allows the certified
individual to perform renovations covered by
this section in any State or Indian Tribal area
that does not have a renovation program that is
authorized under subpart Q of this part. EPA ~
dust sampling technician certification allows
the certified individual to perform dust
clearance sampling under § 745.85(c) in any
State or Indian Tribal area that does not have a
renovation program that is authorized under
subpart Q of this part.

22

Renovator
Responsibilities

40 CER. §§
745.90(b)(1)-(8)

Certified renovators are responsible for
ensuring compliance with § 745.85 at all
renovations to which they are assigned. A
certified renovator:

(1) Must perform all of the tasks described in
§ 745.85(b) and must either perform or direct
workers who perform all of the tasks
described in § 745.85(a).

App. 4 of 5

IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS Docket No. TSCA-HQ-2018-5006

(2) Must provide training to workers on the
work practices required by § 745.85(a) that
they will be using in performing their
assigned tasks.

(3) Must be physically present at the work
site when the signs required by §
745.85(a)(1) are posted, while the work area
containment required by § 745.85(a)(2) is
being established, and while the work area
cleaning required by § 745.85(a)(5) is
performed.

(4) Must regularly direct work being
performed by other individuals to ensure that
the work practices required by § 745.85(a)
are being followed, including maintaining the
integrity of the containment barriers and
ensuring that dust or debris does not spread
beyond the work area.

(5) Must be available, either on-site or by
telephone, at all times that renovations are
being conducted.

(6) When requested by the party contracting
for renovation services, must use an
acceptable test kit to determine whether
components to be affected by the renovation
contain lead-based paint.

(7) Must have with them at the work site
copies of their initial course completion
certificate and their most recent refresher
course completion certificate.

(8) Must prepare the records required by §
745.86(b)(1)(ii) and (6).

App. 5 of 5

IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS Docket No. TSCA-HQ-201 8-5006

BEFORE THE ENVIRONMENTAL APPEALS. BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.
In the Matter of: )
)
Detroit Renovations, LLC and )
Nicole Curtis ) Docket No. TSCA-HQ-2018-5006
)
)
Respondents. )
)

FINAL ORDER

Pursuant to Section 16(a) of TSCA, 42 U.S.C. § 2615, and 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all of the terms of the Consent Agreement effective immediately.

So Ordered. !

Date:

[Name of Judge]
Judge, Environmental Appeals Board

' The three-member panel ratifying this matter is composed of Environmental Appeals Judges
, and

IN THE MATTER OF DETROIT RENOVATIONS, LLC and NICOLE CURTIS

Docket No. TSCA-HQ-2018-5006

CERTIFICATE OF SERVICE

I certify that the foregoing Consent Agreement and Final Order in the matter of Detroit Renovations, LLC and Nicole Curtis, Docket No. TSCA-HQ-2018-5006, were filed and copies

of the same were mailed to the parties as indicated below.

Via Interoffice Mail

Rosemarie Kelley, Director

Office of Civil Enforcement

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW (Mail Code 2248A)
Washington, DC 20460

Gregory Sullivan, Director

Waste and Chemical Enforcement Division

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW (Mail Code 2249A)
Washington, DC 20460 ,

Britt Bieri

Office of Regional Counsel

United States Environmental Protection Agency
Region 7

11201 Renner Boulevard

Lenexa, Kansas 66219

Via U.S. Certified Mail

Nicole Curtis

Detroit Renovations, LLC

1350 Lagoon Avenue, Suite 900
Minneapolis, Minnesota 55408

Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board