On October 3, 2022, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) pursuant to Section 16(a) of the Toxic Substances Control Act (TSCA) to Evander's Construction LLC of Wylie, TX. The CAFO was issued for alleged violations of Section 409 of TSCA, 15 U.S.C. Section 2689, by failing to comply with the regulatory requirements of 40 C.F.R. Part 745, Subpart E. Specifically:
Count 1. Failure to obtain firm re-certification when continuing to perform renovations after the initial firm certification expired, in violation of 40 C.F .R. Part 745.81(a)(2)(ii) and Section 409 of TSCA, 15 U.S.C. Section 2689.
Counts 2 through 4. Failure to assign a certified renovator to renovations at each of three properties, in violation of 40 C.F.R. Part 745.89(d)(2) and Section 409 of TSCA, 15 U.S.C. Section 2689.
Counts 5 through 7. Failure to prepare and retain records documenting compliance with the requirements of 40 C.F.R. Part 745.85 for renovations performed at each of three properties, in violation of 40 C.F.R. Part 745.86(a) and 745.86(b)(6) and Section 409 of TSCA, 15 U.S.C. Section 2689.
The respondent has agreed to pay a civil administrative penalty of $5,000.