Document 4q9JOr4L0K1ae0zb8mZOKEOQ

EAIA 0ft Unrted States 1"\~~~i~~mental Protection Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 3/18/2024 Toxic Substance Control Act Renovation Repair and Paint (RRP) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Blackwell Construction and Remodeling LLC 222 N Rosemont Ave , Dallas Dallas TX 75218 (469) 951-9500 Jeff Blackwell I I Owner jeffblackwellconstruction@gmail.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: N/A N/A N/A 236118 1521 Personnel participating in inspection: Angela Hays EPA Region 6 Stan Lancaster EPA Region 6 Jeff Blackwell Blackwell Construction and Remodelin Inspector Inspector Owner EPA Lead Inspector Signature/Date ANGELA HAYS Angela Hays / Date Digitally signed by ANGELA HAYS Date: 2024.05.01 13:38:41 -05'00' Supervisor Signature/Date H STUCKEY Troy Stuckey / Date Digitally signed by H STUCKEY Date: 2024.05.01 13:45:39 -05'00' 6ENFORM-019-R8.2 (02/12/2020) 1 Blackwell Construction and Remodeling LLC Inspection Date 03/18/2024 Section I INTRODUCTION PURPOSE OF THE INSPECTION The focus of the inspection was to evaluate compliance to the Toxic Substances Control Act (TSCA) Lead Base Paint (LBP) Renovation Repair and Paint (RRP) Rule. The company was identified during a larger effort to inspect companies that perform Renovation, Repair, or Paint (RRP) work in West Dallas in the general vicinity of RSR Corporation's smelter facility. The RSR Corporation operated a lead smelter that after shut-down became an EPA Superfund Site. Lead contaminants were removed between 1991 and 1994 and is currently undergoing redevelopment. EPA Region 6 prioritized this area to conduct TSCA RRP inspections to reduce potential of harm from lead-based paint in pre-1978 homes and verify compliance with TSCA regulations. Blackwell Construction and Remodeling was identified as a company that has performed or intends to perform renovations on target housing in the RSR area. The inspectors are not aware of any citizen complaints at this facility. FACILITY DESCRIPTION Blackwell Construction is a general contractor that performs renovation and repairs in homes in the DFW metroplex area. Mr. Blackwell is the owner of Blackwell Construction Remodeling and offers a variety of construction related and home improvement type of services including remodels that have the potential to be regulated under the RRP Rule of TSCA. The inspection took place at an active job site located at 130 N Montclair Dallas TX 75208. Section II OBSERVATIONS On 03/18/2024 at 1:00 PM EPA inspectors Angela Hays and Stan Lancaster visited with Mr. Jeff Blackwell, at 130 N Montclair Dallas TX 75208. The inspection was an announced inspection to ensure that Mr. Blackwell would be available at this time. Upon arrival, the inspectors presented their credentials to Mr. Blackwell and the purpose of the inspection was discussed and a Notice of Inspection was signed (Appendix 1). The inspectors conducted an interview with Mr. Blackwell and discussed the jobs performed over the past five years. Mr. Blackwell stated that no jobs completed in the past five years disturbed lead based paint. The location was an active jobs site where the facility was remodeling a detached garage. The garage was constructed in 2012. 2 Blackwell Construction and Remodeling LLC Inspection Date 03/18/2024 Section III AREAS OF CONCERN No areas on concern noted Section IV FOLLOW UP 1) Documentation of the build date on the detached garage at 130 N Montclair Ave 2) Written statement of type of work performed at 707 N Edgefield Ave . Section V Appendix 1 Appendix 2 LIST OF APPENDICES NOI Inspection Checklist 3 Blackwell Construction and Remodeling LLC Inspection Date 03/18/2024 Appendix 1 Notice of Inspection 4 &EPA : ll .1OL1t-.:, ; t,.11on~1,.111.-1! Prvt"rinn \]1'1'1G)' United States ENVIRONfVlENTAL PROTECTION AGENCY ~Was hington, DC 20460 Notice of Inspection Office of Enforcement and Compliance Assurance G~ I 1. Investigation Identification 3.Facility Name Date II Inspection Number Id-)-tt./llil I Daily Seq . Number 11 1 I 1$/4_Yt/U,df 2. Inspector's Address 4. Facility Address I I J')..01 I~ >-tTI:-c 4 , 54; 1-r.- soi:> , I /30 JV //tc;,11.;c/at';,_ tJ. ,11-~ c ~x--c..s. 7S.J. 70 - I I For Internal EPA Use. Copies may be provided to the recipient as acknowledgment of this nqtke. i- Reason for Inspection Undei the authority of Section 11 of the Toxic Substances Control Act For the purpose of inspecting (including taking samples, photographs, statements and other inspection activities) an establishment, facility or other premises in which chemical substances or mixtures, articles containing same are i _manufactured, processed, stored or held before or after their distribution in commerce (including records, files, papers, IID processes, control and facilities) and any conveyances being used to transport chemical substance, mixtures or articles containing same in connection with their distribution i n commerce (including records, files, papers, processes, controls and facilities) bearing on whether the requirements of the Act are applicable to the chemical substances, mixtures or articles, within, or associated with, such premise or conveyance have been complied with. In addition, this inspection extends to (check appropriate blocks): D A. Financial Data D D. Personnel Data D B. Sales Data O E. Research Data ! D C. Pricing Data j The nature and extent of inspection of such data specified in A through E above is as follows: Inspector's Signature Recipient's Signature 1-1mpecto1 Copy ~-f-,,,:iiity : :,py Blackwell Construction and Remodeling LLC Inspection Date 03/18/2024 Appendix 2 Inspection Checklist 5 U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION EPA Inspector Name EPA Inspector Telephone EPA Inspector Email Inspection Date Inspection Type: Inspection Location Company Name Address Contact Name Contact Telephone Contact Email Mana2.er Name Manager Telephone Manager Email Jnsoection Checklist Angela Havs 214-665-2285 Havs.an1Iela@eoa.1Iov .3I I 8' I;t..,J ta.itJ l?o II '/?1McJ4.,r Firm Information I{ l/,.11//,,,,,dl I~ .IV /: ... / {.,,/'" J~.f.P- 11I ~ ,v, ,,, l l EPA Firm Certification Number Introduction & Purpose Pennission to enter granted Permission to enter document signed Facility/operator provided copy ofentry document Copy of Lead Base Paint Pamphlet provided Y-N-N/A v ,v c/ y r Comments The items identified in this inspection have the potential to incur civil penalties in the amount identified. Your firm has 90 days in which to submit proof that the items identified have been corrected. These deficiencies are ofa setious nature and if left uncorrected could result in formal enforcement action. Your response should be submitted to: Angela Hays /JtJ lllvddk~ a./Lu/117'7 .-j-tJ /tf)f'XL I~ 26/Z ECD-SR US Environmental Protection Agency Region 6 1201 Elm Street 'Jfll.t11or 'tJfhrU)ffl 4'5yb<-,S ~ . /ti~;, ~llfradcr d-:df- J~+ Fusr Dallas, TX 75270 ;:-;uiJ'f '(J--bv.r;Jiz , ..JJ, - J_ ./'< ,-1,_rlf 'fhn:YvAi Cu,fa-d.R. Copy of inspection checklist and on-site report sent to: /OAuftny J {//I t1 hoYlt/!. _ Ji , )f1f/~ . lo3$' i.tJtJ.5t:w'-1~ - 2nd -(!/tJor a.co ,-hov, Pagelof9 -(c;t).L of-+ f?...ook- l,t_./J, p/c25t-e,r ~'1 f f ~ Facility/Company Name: JtJJ ff;;,_knc4 1uh4 U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION Print Name: _ _ _ _ _ _ _ _ __ Date _ _ __ Email # Re2: Ref ] 40 CFR 745 .87(c) Comments 2 40 CFR 745.87(c) Comments 3 40 CFR 745.87(c) Comments 4 40 CFR 745.87(c) Comments 5 40 CFR 745.87(c) Comments 6 40 CFR 745.87(c) Comments 7 40 CFR 745.87(c) Comments 8 40 CFR 745 .87(c) Comments 9 40 CFR 745.87(c) Comments 10 40 C.F.R. 745.84(a)( I ) Comments 11 40 C.F.R. 745.84(a)(2 ) /tic) 4vl,~ <:-s tu~r--c.. ,rtW>l-i>,~APi"- -fh.R. ~ ~ , A Question ,YA"N-N/A Mai~ie-Min H-M-L Potential,Penaltv inspection? Did the company permit entry for cJ.i ~ c ~'f5,J?tz l-uJ1<.I - ~ Did the company provide requested IJ,c,. --?/.,,.I-~~/\ :;p information and/or records during or after the inspection? Js this company a licensed real estate brokerage firm? Ifso, provide state licensing number in comments. Does this company manage target housing? How many target housing properties does this company manage? Are children under the age of 6 years living in any of these properties? Are pregnant women living in these properties? Has renovation/repair/painting work been performed on these properties? Which properties had RRP work performed and when? Sec List \ \ \ \ \ \ \ \ \ \ \ \ Did the renovator or property manager provide the owner ofthe unit with the EPA-approved lead hazard infonnation pamphlet? Did the renovator or property manager provide the adult occupant of the unit (if not the owner) with the \ \\ \ I\ Page 2 of 9 Facility/Company Name:._ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 7S202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION EPA-approved lead hazard information pamphlet? Comments 12 40C.F.R. In Common Areas, did the renovator 745.84(b)( or property manager provide the 1) owner of the multi-family housing with the EPA-approved lead hazard information/pamphlet or to post informational si!Nls? Comments \ 13 40 C.F.R. In Common Areas, d the renovator 745.84(b)( or property manager tify in writing, 2) or ensure written notifi tion of, each unit of the multi-family Ii using and make the pamphlet availab upon request prior to the start of ti renovation, or to post infonna onal signs? Comments \ 14 40 C.F.R. In renovation in Child-Occupied \ 745.84(c)(l Facilities, did the renovator or \ )(i) property manager provide the owner of the building in which the child- occupied facility is located with the EPA-approved lead hazard information pamphlet? Comments \ 15 40 C.F.R. In renovation in Child-Occupied \ 745.84(c)(l Facility, did the renovator or property )(ii) manager provide an adult representative ofthe child-occupied facility with the pamphlet, if the owner is not the operator of the child- occupied facility? Comments 16 40 C.F.R. In renovation in a Child-Occupied 745.84(c)(2 Facility did the renovator or property ) manager provide the parents and/or guardians of children using the child- occupied facility witn the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date, by mailing or hand- Page 3 of9 ' \ \ \ Facility/Company Name:' - - - - - - - - - - - - - - - - - - - - - - - - - U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDU.CTION delivering the pamphlet and renovation information, or by posting informational signs describing the general nature and locations of the renovation and the anticipated completion date, posted in areas where they can be see\1 by parents or guardians of the chi ldrei frequenting the child-occupied facility, and accompanied by a posted c y of the - pamphlet or information on h w interested parents or guardians 11 review a copy ofthe pamphlet or obtain a copy from the renovation ; firm at no cost to the parents or ""'"'~ guardians? Comments 17 40 C.F.R. For all renovations, did the renovator 745 .85 (I). or property management firm post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; to prepare, to the extent practicable, signs in the primary language of the occupants; and/or to post signs before beginning the renovation and make sure they remain in place and readable until the renovation and the post-renovation c lean ing verification have been completed? Comments 18 40 CFR Did the firm establish and maintain 745.84(a)( I records and make those records )(i) available during the inspection? Comments 19 40 CFR Did the firm receive written 745.84(a)(I acknowledgement from the owner for )( i) receipt of a lead education pamphlet? Comments 20 40 CFR Did the firm receive written 745.84(a)(2 acknowledgement from an adult )(i) Page 4 of 9 ~ I ~' Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft 0 U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION occupant, of/for a lead education pamphlet? Comments 21 40 C.F.R. Did the firm provide the adult 745.84(a)(2 occupant of the unit (if not the owner) ) with the EPA-approved lead hazard information pamphlet? Comments 22 40 C.F.R. Did the renovator provide the owner 745.84(b)( of the51.taim-itfy:housing with the I) EPA-app ed lead hazard information/p phlet or to post "' informational si ? Comments 23 40 C.F.R. Did the renovator notify~writ,ionrg 745.84(b)( ensure written notification o , ach 2) unit of the multi-family housing d make the pamphlet available upon request prior to the start of the renovation, or to post informational ~ signs? Comments "" 24 40 C.F.R. Did the renovator provide the owner 745.84(c)(I of the building in which the child- )(i) occupied facility is located with the ~ EPA-approved lead hazard infonnation pamphlet? ~ - Comments 25 40 C.F.R. Did the renovator or owner provide 745.84(c)(J an adult representative ofthe child- )(ii) occupied facility with the pamphlet, if the owner is not the operator of the child-occupied facility? Comments 26 40 C.F.R. Did the renovator or owner provide 745.84(c)(2 the parents and/or guardians of ) children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date, by mailing or hand-delivering the pamphlet and renovation information, or by posting informational si!!lls Page 5 of 9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION describing the general nature and locations of the renovation and the anticipated completion date, posted in areas where they can be seen by parents or guardians of the children frequenting the child-occupied facility, and accompanied by a posted copy of the pamphlet or infonnation on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians? Comments 27 40 C.F.R. Did the renovator or property 745.85 (1) management firms post s igns clearly defi ning the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; to prepare, to the extent practicable, signs in the primary language of the occupants; and/or to post signs before beginning the renovation and make sure they remain in place and readable until the renovation and the post- renovation cleaning verification have been completed? Comments J 28 40 C.F.R. During the renovation did the 745.84(a)( 1 renovator obtain, from the owner, a ) written acknowledgment that the owner has received the pamphle , pursuant to 40 C.F.R. 745.84(a)( l)(i) or failure to obtain a certificate of mailing at least 7 days prior to the renovation? Comments 29 40 C.F.R. During the renovation did the 745.84(a)(2 renovator obtain, from the adult ) occupant, a written acknowledgment that the adult occupant has received the pamphlet, pursuant to 40 C.F.R. 745 .84(a)(2)(i) or failure to obtain a Page6of9 I I -/ Facility/Company Name:_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ .ft U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist- Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION certificate of mailing at least 7 days prior to the renovation? Comments 30 40C.F.R. During the renovation in Common 745.84(b)( Areas, did the renovator obtain, from l)(i) the owner, a written acknowledgment that the owner had received the 40 C.F.R. pamphlet, or t $ info1 rmation signs 745.84(b)( had been posted, o they had obtained 1) a ce1tificate of mailin at least 7 days prior to the renovation? Comments 31 40 C.F.R. During the renovation in C ""' o ~ n 745.84(b)( Areas, did the ren.ovator prepar sign, 3) and date a statement describing th steps performed to notify a ll ~ occupants ofthe intended renovation activities and offer to provide the pamphlet? Comments 32 40 C.F.R. During the renovation in Common 745.84(b)( Areas, did the renovator notify, i11 '\. ~ 4) writing, the owners and occupants of the scope, locations or expected starting and ending dates of the planned renovation activities, before the renovator initiated work beyond that which was described in the original notice? Comments 33 40 C.F.R. During renovation in a Child- 745.84(c)( l Occupied Facility, did the renovator )(1) obtain, from the owner of the building, a written acknowledgment that the owner had received the pamphlet, or obtained a certificate of mailing at least 7 days prior to beginning the renovation? Comments 34 40 C.F.R. During renovation in Child-Occupied 745.84(c)( I Facility, did the renovator obtain from )(ii) an adult representative of the child- occupied facility, if the operator of the child-occupied fac ility is not the Page 7 of9 "'\. '\. ~ ~ Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION owner of the building, a written acknowledgment that the operator had received the pamphlet, or obtained a ce11ificate of mailing at\least 7 days prior to beginning the renovation? Comments 35 40 C.F.R. During renovation in Child-Occupied 745.84(c)(3 Facility. did the renovator prepare, ) sign and date a statement describing the steps performed to notify a)l. parents and guardians of the inte~ded renovation activities and to provide the pamphlet? \ Comments \ 36 40 C.F.R. During all renovations, did the \ 745.84(d)( renovator include a statement I) recording the owner or occupant' s name and acknowledgement of receipt of the pamphlet prior to the start of the renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature? Comments \ 37 40 C.F.R. During a ll renovations, did the 745 .84(d)( renovator provide written 2) and (3) acknowledgment of receipt of the pamphlet on either a separate sheet or as pait of any written contract or service agreement for the renovation, and written in the same language as the text of the contract or agreement or lease or pamphlet? Comments 38 40 C.F.R. During all Renovations, did the 745.86 renovator or property manager retain a ll records necessary to demonstrate compliance with the residential property renovation for a period of3 years following completion of the renovation activities? Comments 39 40 C.F.R. During a ll Renovations, did the 745.225 (i) renovator, or property mana!!er Page 8 of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft e U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist- Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION implement a program to maintain and make available to EPA upon request, records fora period of3 years and 6 months? Comments 40 40 C.F.R In Target Housing and Child745.225, occupied Facilities, did the owner, 745.226, renovator, or property manager 745.227, establish, maintain, provide, copy, or permit access to rec rds or reports? 40 C.F.R. 745.235 b Comments Penalty Amount: Target Housing Major= one or more occupants under age 6 and/or pre nant woman Significant= no information about age of the youngest oc pant, or one or more occupants between ages Qf 6 and 17 Minor= no occupants under age 18 Child Occupied Facility Major= one or more occupants under age 6 (by definition, a child- cupied facility is regularly visited by one or more children under 6) Minor= renovation activities were completed during a period when chi ren did not access the facility (e.g., as summer vacation) and there is no continuity of enrollment (i.e., the same children e not returning after the break). Page9of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __