Document Y9e4LjJj6Kd6zvYzDgB9onjKK

0ft EAIA Unrted States 1"\~~~i~~ mental Protection Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 3/20/2024 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 Same 3437 Wharton Dr. Ft Worth, TX 76133 same 817.294.3857 (c) Steve Blackwell I 817.269.4116 (o) I Owner Steveblackwell0416@sbcglobal.net FRS Number: N/A Identification/Permit Number: N/A Media Identifier Number: N/A NAICS: SIC: Personnel participating in inspection: Angela Hays EPA Region 6 Stan Lancaster EPA Region 6 Steve Blackwell Blackwell Construction Inspector Inspector Owner EPA Lead Inspector Signature/Date Supervisor Signature/Date Stan Lancaster / Date RALPH Digitally signed by RALPH LANCASTER LANCASTER Date: 2024.04.22 11 :09: 19 -05'00' Troy Stuckey / Date Digitally signed by H H STUCKEY ~!~~:i2~.04.22 11:50:10 -05'00' 6ENFORM-019-R8.2 (02/12/2020) 1 Blackwell Construction Inspection Date 03/20/2024 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 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 a superfund site. This site was cleaned up between 1991 and 1994 and is currently undergoing redevelopment. We chose this area to conduct RRP inspections to help ensure that the potential of harm from lead-based paint in pre-1978 homes is being dealt with as required by TSCA. This company was identified as a company has performed or intends to perform renovations on target housing. Blackwell construction was targeted using a random process, 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 and operates the business out of his home in Fort Worth, Texas. Blackwell construction offers a variety of construction related and home improvement type of services including remodels that have the potential to be regulated under the Renovate, Repair and Paint (RRP) Rule of TSCA. The inspection took place at Mr. Blackwell s home on Wharton Drive in Fort Worth. Section II OBSERVATIONS On 03/20/2024 at approximately 11:00 AM, EPA inspectors Angela Hays and Stan Lancaster visited with Mr. Steve Blackwell, owner of Blackwell Construction, at 3437 Wharton Drive in Forth Worth, Texas. 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 and records review with Mr. Blackwell. Mr. Blackwell stated that Blackwell Construction is not and has never been an EPA Lead Certified Firm. He stated that his company was not aware of the requirements of the RRP rules under. He also stated Blackwell Construction hires other contractors to do work on their projects but had never checked to determine if these firms were lead certified or employed certified renovators. He stated that he was aware of several homes that he had worked on that were pre-1978 but was not prepared to provide a list at that time. He also stated that while many of the homes were pre-1978, they might not meet the criteria to trigger the RRP requirements (work was less than 6 square feet or no painted surfaces were disturbed). 2 Blackwell Construction Inspection Date 03/20/2024 After a discussion of the requirements of the RRP rules, Mr. Blackwell agreed to provide a list of homes that he had worked on over the past year, the scope of work at these homes as well as any explanation that would help in determining if these renovations would fall under the requirements of the RRP. Mr. Blackwell was given a Renovate Right pamphlet and told where to obtain more information as well as register his company as a lead certified firm. Mr. Blackwell indicated that he would obtain his company certification and explore the requirements to become a certified renovator. The inspection concluded with a brief explanation of the areas of concern as listed below and discussion of the next steps. The inspectors also provided a follow-up email detailing the information that was requested as well as links to the information covered during the inspections. The inspection concluded at approximately 11:25 AM. Since the inspection, Mr. Blackwell has provided the information requested and the information is currently under review. Although the review is not complete at the time of this report, preliminary review indicates that Blackwell Construction performed renovations in at least one pre-1978 home during the time of interest. Mr. Blackwell has been very cooperative and has again expressed his intent to comply with the RRP moving forward. Section III AREAS OF CONCERN 1) Blackwell Construction performed work on at least 1 home that was built prior to 1978 and did not have the proper firm certification. 2) Blackwell Construction did not assign a lead certified renovator to projects in target housing. 3) Blackwell Construction did not provide the residents of pre-1978 homes notification of potential lead based paint (pamphlet). Section IV FOLLOW UP Blackwell Construction has provided the information requested during the inspection. Section V LIST OF APPENDICES Appendix 1 NOI Appendix 2 Inspection Checklist 3 Blackwell Construction Inspection Date 03/20/2024 Appendix 1 Notice of Inspection 4 I 1; ,.l ~f,j"(;; r ~11on~1;1q1,11 flro:-'r.tfrin ENVIRONfvtENTAL PROTECTION AGENCY Washington, DC 20460 Notice of Inspection Office of Enforcement and Compliance Assurance -- - - - - - - - - -- - - - - - - - , - l . Investigation Identification 3 . Facility Name ---,---, Inspection Number 1 Z~/2 JI_110-01 Daily Seq. Number ~ -A.- - - -l - {- -/-7 _, _ c_ (___L_-ud_-c _, 11 o I ILQ==\ ='-=6 ~ u=v1,; = L=-O=)oA ="='v ===::.j 1 p ctor's Address 4. Facility Address C/'4 ,,ct 12..cJI cL/1-1 ?>c. (JJ I rh For lntemal EPA Use. Copiesmay be pro vided to the recipient as acknowledgment of this nqtice. ----=------:----:----,---- - - - - - - - - - - - -- - - - - - - J Reason for Inspection 11Under the authority of Section 11 of the Toxic Substances Control Act I For the purpose of inspecting (including taking samples, photographs, statements and other inspection activities) an I establishment, facility or other premises in which chemical substances or mixtures, articles conta ining same are : _ n30ufactured, processed, stored or held before or after their distribution in commerce (includ ing records, files, papers, l!P-Processes, control and facilities) and any conveyances being used to transport chemical substance, mixtures or articles containing same in connection with their distribution in 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 w ith, such premise or conveyance have been complied with. n In addition, this inspection extends to (check appropriate blocks): D A. Financial Data 0 D. Personnel Data D B. Sales Data D E. Research Data D C. Pricing Data I The nature and extent of inspection of such data specified in A through Eabove is as follows: 15'(.A-- L.!7? /Z/4? I ; .5}/-f!C.h ;;__ I i I , Inspector's Signature Narnel '7+.dt.. V\. UiY'-C. (:._ f-r",,-- . jTitle I f tt5zc.t-J(1 r ,__ WI\ Foun 7740-'3 (R<N. 2/1 6) ~ 5 Recipient's Signature . II Name ~c~lgu 5 & ~ v ~~L---rl-t-( II - ] -Inspector ( opy :i-rddlity : 0 1);1 Blackwell Construction Inspection Date 03/20/2024 Appendix 2 Inspection Checklist 5 ft 0 U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 7520i TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION Com an Name Address Contact Name Contact Tele hone Contact Email EPA Firm Certification Number Y - N - N/A Comments y Permission to enter document si ned v Facility/operator provided copy of entry document Copy of Lead Base Paint Pamphlet v rovided I N o f,rM O(,.,,-J,,,41Al..f. r:- 1, ,w u/P5 1 u u 5 l-t ;I\_ C\W l,-- l ~ (?-P---? 0ec...... "'--v' 'f- ~~-N', ~ Asl- o) ht~.r L;i(.,\., I+ ~I"',;... -h, ~ fJ1-i A-ia1+- JI _ The items identified in this inspection ha~ffe ~ ~ 8 f 1 K i 1 p~es'i.t\he fi~tfnt id~"o<kn"nn has 90 days in which to submit proof that the items identified have been corrected. These deficiencies are of a serious nature and if left uncorrected could result in fonnal enforcement action. Your response should be submitted to: Angela Hays ECD-SR US Environmental Protection Agency Region 6 120I Elm Street Dallas, TX 75270 Copy of inspection checklist and on-site report sent to: Page 1 of 9 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 PrintName: ---------- Emai1: - - -- - - - -- - - - # Reg Ref Question I 40 CFR Did the company permit entry for 745.87(c) inspection? Comments 2 40 CFR Did the company provide requested 745.87(c) information and/or records during o r after the inspection? Comments 3 40 CFR Is this company a licensed real estate 745.87(c) brokerage firm? If so, provide state licensing number in comments. Comments 4 40 CFR Does this company manage target 745.87(c) housing? Comments s 40 CFR How many target housing properties 745.87(c) does this company manage? Comments 6 40 CFR Are children under the age of 6 years 745.87(c) living in any of these properties? Comments 7 40 CFR Are pregnant women living in these 745.87(c) properties? Comments 8 40 C FR Has renovation/ repair/painting work 745.87(c) been performed on these properties? Comments 9 40 CFR Which properties had RRP work 745.87(c) performed and when? Sec List Comments lO 40 C.F.R. Did the renovator o r property 745.84(a)(I manager provide the owner of the unit ) w ith the EPA-approved lead hazard information pamphlet? Comments 11 40 C.F.R. Did the renovator or property 745.84(a)(2 manager provide the adult occupant ) ofthe unit (if not the owner) with the Date - - - I ""'ll~c J-lJ~ Y.'.:1~-N/A Mai-Si2-Min '( H-M-L \.I I I\(;4 !VA 111/A- 'If),) 1/)i) r v ;V ;J Potential Penalty 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 EPA-approved lead hazard information pamphlet? Comments 12 40 C.F.R. In Common Areas, did the renovator 745.84(b)( or property manager provide the I) owner of the multi-family housing with the EPA-approved lead hazard NA infom1ation/pamphlet or to post informational signs? Comments 13 40 C.F.R. In Common Areas, did the renovator 745.84(b)( or property manager notify in writing, 2) or ensure written notification of, each unit of the multi-family housing and (JA make the pamphlet available upon request prior to the start of the renovation, or to post infonnational signs? Comments 14 40 C.F.R. In renovation in Child-Occupied 745.84(c)( 1 Facilities, did the renovator or )(1) property manager provide the owner N'rft 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 )(ii) Facility, did the renovator or property manager provide an adult representative of the child-occupied vvA- facility with the pamphlet, ifthe owner is not the operator of the child- occuoied facilitv? Comments 16 40 C.F.R. In renovation in a Child-Occupied 745.84(c)(2 ) rvk Facility did the renovator or property manager provide the parents and/or guardians ofchildren using the child- 1 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- Page 3 of9 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 delivering the pamphlet and renovation infonnation, or by posting informational signs describing the general nature and locations of the renovation and the anticipated completion date, osted in areas wlH;re they can be een by parents or guardians of the chi ren frequenting the child-occupied fa ility, and accompanied by a pos d copy ofthe pamph let or informatio on how interested parents or gua ians can review a copy of the pamp let or obtain a copy from the reno, tion firm at no cost to the parents . guardians? Comments \ 17 40C.f.R. For all renovations, did the renovat\ 745 .85 (1 ). or property management finn post signs c learly 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 cleaning verification have been completed? - Comments \_ 18 40 CFR Did the firm establish and maintain 74S.84(a)( I records and make those records )(i) available during the inspection? Comments 19 40 CFR Did the firm receive written 74S.84(a)(l acknowledgement from the owner for )(i) receipt of a lead education pamphlet? Comments 20 40 CFR Did the firm receive written 74S.84(a)(2 acknowledgement from an adult )(i) Page 4 of 9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft 0 U.S. EPA Lead Renovation/Repair/Painting Compliance CheckJist - 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~1rmprovide the adult 745.84(a)(2 occupant fthe unit (if not the owner) ) with the E -approved lead hazard information mphlet? Comments \ 22 40 C.F.R. Did the renovato~ovidethe owner 745.84(b)( of the multi-family ousing with the 1) EPA-approved lead h zard information/pamphlet to post informational signs? Comments \ 23 40 C.F.R. Did the renovator notify in w~~i, norg 745.84(b)( ensure written notification of, e h 2) unit of the multi-family housing a d make the pamphlet avai lable upon Comments request prior to the start of the renovation, or to post informational signs? ~ '\. 24 40 C.F.R. Did the renovator provide the owner 745.84(c)(l of the building in which the child- )(i) occupied facility is located with the EPA-approved lead hazard information pamphlet? Comments \ \ \. 25 40 C.F.R. Did the renovator or owner provide 745.84(c)(l 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 I and the anticipated completion date, by mai ling or hand-delivering the pamphlet and renovation information, or by posting informational signs Page 5 of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY U.S. EPA \ \ describing the ge era! nature and REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION locations of the re ovation and the anticipated comple ion date, posted in areas where they ca 1 be seen by parents or guardians f the children frequenting the child- ccupied facility, and accompaned by a posted copy ofthe pamphlet or 'nfonnation on how interested parent or guardians can review a co 1y ofthe pamphlet or obtain a copy fi"Qm the renovation firm al no cost to t{1e arents or guardians? \ Comments \ 27 40 C.F.R. Did the renovator or property : ~ 745.85 (I) management finns post signs clearl defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area; to prepare, tt> 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 28 40 C.F.R. During the renovation did the 745.84(a)(l renovator obtain, from the owner, a ) written acknowledgment that the owner has received the pamphlet, 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 Page 6 of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft U.S. EPA Lead Renovation/Repair/Painting ComplianC~ Checklist - Property Management US ENVIRONMENTAL PR_OTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION certificate of mailing at least 7 days orior to the renovation? Comments 30 40 C.F.R. During the renovation in Common 745.84(b)( I )(i) Areas, did the renovator obtain, from the owner, a written acknowledgment that the owner had received the 40 C.F.R. pamphlet; or that information signs 745.84(b)( I) had been posted, or they had obtained a certificate of mailing at least 7 days prior to the renovation? Comments 31 40 C.F.R. During the renovation in Common 745.84(b)( Areas, did the renovator prepare, sign, 3) and date a statement describing the steps performed to notify all occupants ofthe intended renovation activities and offer to provide the oamohlet? Comments I/ 32 40 C.F.R. During the renovation in Common 745.84(b)( Areas, did tl~e renovator notify, in 4) writing, the owners and occupants of the scope, locations or expected,/, starting and ending dates of the planned renovation activist,ib~ ore the renovator initiated work eyond that which was descrii~en the original notice? Comments / 33 40C.F.R. During renovati in a Child- 745.84(c)(I Occupied Fa ity, did the renovator )(,) obtain, fro the owner of the buildin , a written acknowledgment that t owner had received the pa phlet, or obtained a certificate of ailing at least 7 days prior to beginning the renovation? Comments/ 34 40 C.F.R. During renovation in Child-Occupied 745.84(c)(l Facility, did the renovator obtain from )(ii) an adult representative of the child- occupied facility, if the operator of the child-occupied facilitv is not the Page 7 of9 / / ,,.,,.,,,,- - V / Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ !! ~ Lead Renovation/Repair/Painting Compliance Checklist - Property Management US ENVIRONMENTAL PROTECTION AGENCY U.S. EPA REGION 6, DALLAS, TX 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION I owner ofthe~ildinc:, a written acknowledgm nt that the operat.or had received the p phlet, or obtained a certificate of m iling at least 7 days prior to beginnin the renovation? Comments \ 35 40 C .F.R. During renovation )n Child-Occupied 745.84(e)(3 Facility, did the rendwator prepare, ) sign and date a statem~1tdescribing the steps performed to otify all parents and guardians o he intended renovation activities and ~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 ofthe pamphlet prior to the \ Comments 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? 37 40 C.F.R. During all 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 pa1t of any written contract or service agreement for the renovation, and written in the same language as "'\ I~ Comments the text of the contract or agreement or lease or pamphlet? 38 40 C.F.R. During all Renovations, did the 745 .86 renovator or property manager retain all records necessary to demonstrate compliance with the residential property renovation for a period of 3 years following completion of the renovation activities? Comments 39 40 C.F.R. During all Renovations, did the 745.225 (i) renovator, or property manager Page 8 of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ I ft U.S. EPA Lead Renovation/Repair/Painting Compliance Checklist- Property Management US ENVIRONMENTAL PROTECTION AGENCY REGION 6, DALLAS, TX 75202 TOXIC SUBSTA.NCES CONTROL A.CT TITLE IV-LEAD HAZARD REDUCTION implement a program to maintain and make available to EPA upon request, records for a 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 records or reports? 40 C.F.R. 745.235 (b) Comments Penalty Amount: Target Housing Major= one or more occupants under age 6 and/or pregnant woman Significant= no information about age of the youngest occupant, or on Minor= no occupants under age 18 more occupants between ages of 6 and 17 Child Occupied Facility Major= one or more occupants under age 6 (by d nition, a child-occupied facility is regularly visited by one or more children under 6) Minor= renovation activities were compie d during a period when children did not access the facility (e.g., as summer vacation) and there is no continuity of rollment (i.e., the same children are not returning after the break). Page 9 of9 Facility/Company Name:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __