On August 20, 2014, Region 5 filed a Part 22 CAFO commencing and concluding a TSCA § 16(a) administrative action against Clear Choice Windows & Siding, Inc. (Clear Choice), a business entity in Springfield, Illinois. On January 18, 2012, EPA received a complaint alleging that Clear Choice was not in compliance with lead safe work practices required by the TSCA Renovation, Repair, and Painting Rule (RRP) and the Pre-Renovation Education Rule (PRE). See 40 C.F.R. Part 745, Subparts E and L. Subsequent responses to EPA information requests revealed that Clear Choice had retained no acknowledgements of residential owners receipt of the Renovate Right pamphlet, no documentation of compliance with RRP work practice standards, and no initial RRP certification from EPA for eighty-six renovations on pre-1978 housing from April 2010 to November 2011.
After considering the relevant enforcement penalty policies and Clear ChoiceÂs ability-to-pay, EPA determined that it was appropriate to accept Clear ChoiceÂs offer to settle the matter with a penalty of $2,000. In the CAFO, Clear Choice certifies that it has implemented new recordkeeping standard operating procedures to ensure compliance with the RRP and PRE Rules.