On August 21, 2023, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement (CAFO), Docket No. TSCA-03-2023-0084, between EPA Region III and Dorcus Construction Company, Inc. (hereinafter, Respondent ). EPA therein alleged that Respondent violated RRP Rule requirements associated with the renovations of 10 target housing residential homes in or near Frederick, MD. EPA promulgated the RRP Rule at 40 C.F.R. Part 745, Subpart E, to ensure that individuals receive training in conducting renovation and repair activities in a safe and proper manner and to minimize lead exposure to the public, occupants of target housing and child-occupied facilities, and the environment.
EPA initially responded to a tip/complaint, conducted a document review inspection of Respondent's business records and gathered supporting documentary evidence, including evidence that the Respondent had failed to comply with certain requirements of the RRP Rule. Specifically, EPA's investigation yielded evidence sufficient to establish and allege that regarding the target housing renovation at issue, the Respondent failed to: (1) apply for and obtain firm recertification from the EPA prior to conducting renovations on Target Housing constructed prior to 1978; (2) assign an EPA-certified renovator to perform renovations on Target Housing or ensure that all renovators assigned to the renovations were given on-the-job training by an EPA-certified renovator; and (3) prepare and make re