Document k64a35wvgNMrQY9EkzYykRz4q

ft E A ~ United States .._..,~ Environmental Protectior ,,. Agency Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 3/28/2024 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: Milan Custom Build Same 5220 Spring Valley Rd., Suite 212 Dallas, TX 75254 Same Dallas 469.333.8880 I Arlen Haruthunian I Arlenh@milancustombuild.com 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 Arlen Haruthunian Milan Custom Build Inspector Inspector Owner EPA Lead Inspector Signature/Date Supervisor Signature/Date Stan Lancaster / Date RALPH Digitally signed by RALPH LANCASTER LANCASTER Date: 2024.05.15 13:16:20 -05'00' Troy Stuckey / Date Digitally signed by H H STUCKEY ~!~~~i~.05.16 08:59:16 -05'00' 6ENFORM-019-R8.2 (02/12/2020) 1 Milan Custom Build Inspection Date 03/28/2024 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 part of a larger effort to identify and inspect companies that performed renovation work in West Dallas in the general vicinity of RSR Corporation's smelter facility. The RSR Corporation operated a lead smelter that became a superfund site after it was closed. This site was cleaned up between 1991 and 1994 and is currently undergoing redevelopment. We chose this area to conduct RRP inspections to help insure 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 in the vicinity of the RSR Superfund site. The inspection was not conducted based any specific information that was received by the Agency such as a complaint. FACILITY DESCRIPTION Milan Custom Build is a general contractor that performs renovations. Mr. Haruthunian stated that the company has been doing business in Dallas for less than two years and focuses on high rise apartment buildings and newer homes. Milan Custon Build maintains office space at the address listed above which is where the inspection occurred. Section II - OBSERVATIONS On 03/28/2024 at approximately 1:00 PM, EPA inspectors Angela Hays and Stan Lancaster visited with Mr. Arlen Haruthunian, Owner of Milan Custom Build at their offices. The inspection was conducted to determine compliance with the Renovation Repair and Painting (RRP) Rule of TSCA. The inspectors informed Mr. Haruthunian of the purpose of the TSCA inspection, presented their credentials, and obtained his signature on the Notice of Inspection Document (Appendix 1). Mr Haruthunian stated that Milan Custom build had begun doing business in Dallas within the past 2 years and had not renovated a pre-1978 home during that time period. He stated that during his time working in New York City that he had dealt with many pre-1978 dwellings and was aware of the TSCA RRP rule and it's requirements. He stated that he was a certified renovator and provided a copy of his training certificate which expires in July 2024. A search of the EPA LBP database shows that Mr. Haruthunian had applied for firm certification in 2016 for a company located in New York. Mr. Haruthunian also provided a copy of a lead check test kit documentation form as well as the Renovate Right Pamphlet. These documents were not included in this report. Mr. Haruthunian stated that if Milan Custom started performing renovations on target homes in the future that he would ensure that they obtained their lead certification for the firm 2 Milan Custom Build Inspection Date 03/28/2024 The inspection concluded at approximately 1:20 PM with no areas of concern noted. No additional information was requested at that time. Section III - AREAS OF CONCERN - none Section IV - FOLLOW UP The facility did not work in target housing, no follow up information was requested. Section V - LIST OF APPENDICES Appendix 1 - NOI Appendix 2 - Inspection Checklist Appendix 3 - Receipt for Documents 3 Milan Custom Build Inspection Date 03/28/2024 Appendix 1 Notice of Inspection 4 United Str.tes ,, ,I ~;_.,~: ,,. uomn,-,,1at Ptuteeir.n ,,~.,, ENVIRONrVlENTAt PROTECTION AGENCY Washington, DC 20460 ----- -----------------1 Notice of Inspection I Office of Enforcement and Compliance Assurance I -- ------- l. Investigation Identification 3. Facility l'lame - - Date Inspection Number Daily Seq. l'lt.imber 1312,1,;n __J I 11 I I fJ1,/av1 tv5f-bJ'Yl v;lcl If2-~ t1 "iiiit,tir's Address . " I '( ~, szzo 5,t(lr1:J 21 l !)4/ a.J T;( 1/4/J,u/ l<d-3tJ;fe 15~6-t/ 4:-f..':1;ijinty'\Af-c,1~c~Jcs.:'t! /clol '/111 sr 7)4//4::, 17 752 7cJ -- - :-or lntem2I EPA Use. Copies may be provided to the recipient as acknowledgment of this notice. ~- - Reason for lnspec:tlon - IUndei 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 : rnanufactured,processed, stored or held before or after their distribution in commerce (including records, files, papers, ';J_. 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 oi the Act are applicable to the chemical substances, mixtures or articles, within, or associated with, such premise or conveyance have been complied with . . ["j In addition, this inspection extends to (check appropriate blocks): D A. Financial Data D D. Personnel Data D B. Sales Data D E. Research Data O C. Pricing Data IThe nature and extent of inspection of such data specified in A through Eabove is as follows: ... .7 Inspector's IRecipient's ~igna~u~ .Signat rfe ;N,m;.=n=n=::c:=/4"=,t. ~======;c.======,t-l'l-am-e,::::[=A=i=~=t,=iJ= =i-lA=~=:-fW==I~ ==l=~= : : : = = = ; - 1! i jritle_l _~ / ((_ _ 5 t~_t"11_t __ -~ ----l~ats: 34'tf I f'/1 r..1111 77-HH (l!<N.1/16) 1 ~av.e Form-] I,Date ~}Y/l~~JI Milan Custom Build Inspection Date 03/28/2024 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 75202 TOXIC SUBSTANCES CONTROL ACT TITLE IV-LEAD HAZARD REDUCTION Com an Name Address Contact Name Contact Tele hone Contact Email Mana EPA Firm Certification Number Y-N-N/A t Facility/operator provided copy ofentry document Copy of Lead Base Paint Pamphlet V rovided I 0 fr.? /178 ) /'Yl?.5 - ctvuw-;- l17J/~llt:tS ,... J//;'1 Rist '-- r/7d5rl1 Furt,.dl~- A) I # f - sul !'Lr11 (1t'I( -/4;._tc &N /.L - Au= /!Ku.Id -/008 - 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 proofthat the items identified have been corrected. These deficiencies are of a serious nature and if left uncorrected could result in formal enforcement action. Your response should be submitted to: Copy of inspection checklist and on-site report sent to: Print Name: AR.L e/\J /l.4({WuMfA-V Email: 7r /ffl';P: Page 1 of6 Facility/Company Name: _ _ _ _ _ _/('-.-..&t.-:..w_(\,-lo:.._ _ _ _ _ _ _ _ _ _ _ __ l 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 # Ree. Ref l 40 CFR &745.87(c) Question Did the company pennit entrv for inspection? Y-N-N/A Comments 2 40 CFR 745.87(c) Did the company provide requested infonnation and/or records during or after the inspection? y Comments 3 40 CFR 745.87(c) licensing number in comments. Is this company a licensed real estate brokerage finn? If so, provide state A/ Comments 4 40 CFR 745.87(c) Does this company manage target housing? f\,/ Comments 5 40 CFR 745.87(c) How many target housing properties does this company manage? fV Comments 6 40 CFR 745.87(c) Are children under the age of 6 years living in any ofthese properties? Kl Comments 7 40 CFR 745.87(c) Are pregnant women living in these properties? IV Comments 8 40 CFR 745.87(c) Has renovation/repair/painting work been performed on these properties? V Comments 9 40 CFR 745.87(c) Which properties had RRP work perfonned and when? See List t1 Comments 10 40 C.F.R. 745.84(a)( 1) Did the renovator or property manager provide the owner of the unit with the EPA-aooroved lead hazard infonnation pamphlet? ~~ Comments I 1 40 C.F.R. Did the renovator or property manager provide the adult occupant ofthe 745.84(a)(2) unit ( if not the owner) with the EPA-approved lead hazard infonnation pamphlet? ;//4 Comments 12 40 C.F.R, 745 .84(b)(l) ln Common Areas, did the renovator or property manager provide the owner of the multi-family housing with the EPA-approved lead hazard information/pamphlet or to post infonnational signs? #/4 Comments 13 40 C.F.R. In Common Areas, did the renovator or property manager notify in 745 .84(b)(2) writing, or ensure written notification of, each unit of the multi-family housing and make the pamphlet available upon request prior to the start N"l/l of the renovation, or to post infonnational signs? Comments 14 40 C.F.R. 745.84(c)(l)(,) In renovation in Child-Occupied Facilities, did the renovator or property manager provide the owner of the building in which the child-occupied fac,ility is located with the EPA-approved lead hazard infonnation pamphlet? ~ Comments Page 2 of 6 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 15 40 C.F.R. 745.84(c)( l)(ii) Comment 16 40 C.F.R. 745.84(c)(2}_ 'J" 1h-t~~01r.i,;I:11 I \~ of&'~~ o ,r In renovation in Child-Occupied Facility, did the renovator or property manager provide an adult representative ofthe child-occupied facility with the amphlet, if the owner is not the operator of the child-occupied facili ? n renovatio in a Child-Occupied Facility did the renovator or property manager prov e the parents and/or guardians of children using the childoccupied facili with the pamphlet and infonnation describing the general nature d locations ofthe renovation and the anticipated completion date, mailing or hand-delivering the pamphlet and renovation inform ion, or by posting informational signs describing the ge ral nature and 1 cations ofthe renovation and the anticipated letio ate, pos d in areas where they can be seen by parents or ua ns the child n frequenting the child-occupied facility, and comp 1ed by a post d copy ofthe pamphlet or information on how interes d parents or gua dians can review a copy of the pamphlet or obta a copy from the re ovation firm at no cost to the parents or u rdians? 17 4 ( . or all renovations, did the novator or property management firm post signs clearly defining the wo ;area and warning occupants and other persons not involved in renov ion activities to remain outside ofthe work area; to prepare, to the ex ent practicable, signs in the primary language of the occupants; and/~tro post signs before beginning the renovation and make sure they re ain in place and readable until the renovation and the post-renovatio cleaning verification have been com leted? 18 40 CFR 745.84 a I i n ..,-uTTI establish and maintain cords and make those records available durm Comments 19 40 CFR 745.84 a I i Did the firm receiv of a lead education am h . ement from the owner for receipt Comments 20 40 CFR 745.84 a 2 i Did the finn receive written acknowledge ent from an adult occupant, of/for a lead education am hlet? Comments 21 40 C.F.R. Did the firm provide the adult occupant ofth unit (if not the owner) with 745.84 a 2 the EPA-a roved lead hazard information a hlet? Comments 22 40 C.F.R. Did the renovator provide the owner of the multi-family housing with the 745.84(b)(I) EPA-approved lead hazard information/pamphlet or to post informational si ns? Comments Page 3 of 6 Facility/Company Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ft 0 Lead Renovation/Repair/Painting Compliance Checklist - Property Man gement US ENVIRONMENTAL PROTECTIO AGENCY U.S. EPA REGION 6, DALLAS, TX 75 02 TOXIC SUBSTANCES CO ROLACT 23 40 C.F.R. 745.84(b)(2) TITLE IV-LEAD HAZARD EDUCTION I . Did the renovator notify in writing, or ensure written~t!:-fition of, each unit ofthe multi-family housing and make the p_amp t av. ilabfe upon request prior to the start of the renovation, or to pos info ational signs? Comments I I 24 40 C.F.R. Did the renovator provide the owner of the buildin /~nhich the child- 745.84(c)(l)(,) occupied facility is located with the EPA-approve I d hazard infonnation pamphlet? Comments I 25 40 C.F.R. Did the renovator or owner provide an adult~epsentative of the child- 745.84(c)( I)(ii) oc~upied fa:ility "'.i~h the pamphlet, ifthe ow r is not the operator ofthe ch1ld-occup1ed fac1litv? Comments 26 40 C.F.R. Did the renovator or owner provide the I ents and/or guardians of 745.84(c)(2) children using the child-occupied facir y with the pamphlet and infonnation describing the general n ure and locations ofthe renovation and the anticipated completion dat , by mailing or hand-delivering the pamphlet and renovation infonn 10n, or by posting informational signs describing the general nature a locations ofthe renovation and the anticipated completion date, sted in areas where they can be seen by parents or guardians ofthe ildren frequenting the child-occupied facility, and accompanied y a posted copy ofthe pamphlet or information on how inte ested parents or guardians can review a copy of the pamphlet or obtai copy from the renovation firm at no cost to the parents or guardians Comments I 27 40 C.F.R. 745.85 (I) Did the renovato or property management finns post signs clearly defining thew k area and warning occupants and other persons not involved in r ovation activities to remain outside of the work area; to prepare, to e extent practicable, signs in the primary language ofthe occupants and/or to post signs b fore beginning the renovation and make sure the:v, remain in place and r~ dable until the renovation and the post- renovat;ibn cleaning verification have been completed? Comments I 28 40 C.F.R. ri g the renovation did the n novator obtain, from the ovmer, a written 745.84(a)( I) ack owledgment that the owne1 has received the pamphlet, pursuant to 40 C. .R. 745.84(a)(l )(i) or failure to obtain a certificate of mailing at I~ ast 7 davs prior to the renovation? Comments I 29 40 C.F.R. buring the renovation did the renovator obtain, from the adult occupant, a 745.84(a)(2) 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 certificate ofmailin~ at least 7 days prior to the renovation? Comments Page 4 of 6 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 30 40 C.F.R. During th~ renovation in Common Areas, did the renovator obtain, from R 745.84(b)(l)(i) -., 40 C.F.R. 745.84(b)(l) Comments the owner, a written acknowledgment that the owner had received the amphlet, or that information signs had been posted, or they had obtained rtificate ofmailing at least 7 days prior to the renovation? "'-.. 31 40 C.F.R. During t:~re1novation in ~o?'mon Areas, did the renovato_r prepare, sign, 745.84(b)(3) and date a s ement descnbmg the steps performed to notify all occupants oftli~"ntended renovation activities and offer to provide the pamphlet? Comments \ 32 40C.F.R. During the renovationC~omnmon Areas; did the renovator notify, in 745.84(b)(4) writing, the owners and ccupants of the scope, locations or expected starting and ending dates f the. planned renovation activities, before the renovator initiated work be ond that which was described in the original notice? Comments \ 33 40C.F.R. During renovation in a Child-O1~upied Facility, did the renovator obtain, 745.84(c)(l)(1) from the owner of the building, a ~vritten acknowledgment that the owner had received the pamphlet, or obt~ed a certificate of mailing at least 7 days prior to beginning the renovati n? Comments \ 34 40C.F.R. During renovation in Child-Occupiediility, did the renovator obtain 745.84(c)( l )(ii) from an adult representative ofthe child ccupied facility, if the operator of the child-occupied facility is not the o er ofthe building, a written acknowledgment that the operator had rece ed the pamphlet, or obtained a certificate of mailing at least 7 days prior t beginning the renovation? Comments \ 35 40 C.F.R. ~uring renovation in Child-Oc~upied Facility,: ~td he renovat~r prepare, 745.84(c)(3) stgn and date a statement dcscnbmg the steps pe rmed to notify all parents and guardians ofthe intended renovation a ivities and to provide the pamphlet? Comments \ 36 40 C.F.R. During all renovations, did. the renovator include a state~nretc_ording 745.84(d)(I) the owner or occupant's name and acknowledgement ofr e,pt of the pamphlet prior to the start ofthe renovation, the address of e unit undergoing renovation, the signature ofthe owner or occupan as applicable, and the date ofsignature? Comments \ 37 40 C.F.R. During all renovations, did the renovator provide written 745.84(d)(2) and (3) acknowledgment of receipt of the pamphlet on either a separate sheet or as part 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? Page 5 of6 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 38 40 C.F.R. 745.86 uring all Renovations, did the renovator or property manager retain all rec ds necessary to demonstrate compliance with the residential property renova n for a period of 3 years following completion of the renovation activ itie s ? Comments 39 40 C.F.R. 745.225 During all Renova ns, did the renovator, or property manager (i) implement a program maintain and make available to EPA upon re uest, records for a en of 3 ears and 6 months? Comments 40 40 C.F.R 745.225, In Target Housing and Child- cupied Facilities, did the owner, 745.226, 745.227, renovator, or property manager e ablish, maintain, provide, copy, or pem1it access to records or reports? 40 C.F.R. 745.235 b Comments Target Housing Major= one or more occupants under age 6 and/or pregnant woman Significant= no information about age of the youngest occupant, or one or more occup Minor = no occupants under age 18 ts between ages of 6 and 17 Child Occupied Facility Major= one or more occupants under age 6 (by definition, a child-occupied facility is regularly visi d by one or more children under 6) Minor= renovation activities were completed during a period when children did not access the facility (e.g., as summer vacation) and there is no continuity of enrollment (i.e., the same children a.re not returning after the break). Page6of6 Facility/Company Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Milan Custom Build Inspection Date 03/28/2024 Appendix 3 receipt of documents collected 4 -, United States SEPA United Sta:e:; ENVIRONMENTAL PROTECTION AGENCY I I f:nvironro~ntal Pn,:eciitri Agency Washington, DC 20460 f - - - - - -- - - - - - - - - - -- - - - - - - Receipt for Samples and Documents Office of Enforcement and Compliance Assurance -- - - 1. Investigation Identification 2. Company Name ~t I II Date Inspection No. Daily Seq. No. 13 I..z&/ 11 I 11 ) I fr/~ /;~ /-P;,n &id 3. Inspector Address 4. Company Address J I /LO/ om sr II 5'z20 5'f"';J tM'~ ;:!&ad g_,;,_,h _.,' :I):1(/~s T,< ~II45 T/C 73.J<54 - For internal EPA us.e. Copies ofthis form may be provided to recipient as .c1cknowledgment of the documents and samples ofchemical . substances and/or mixtures described below collected in connection with the administration and enforcement ofthe Toxic Substances Control I Act. - - - - ---' Receipt of Document(s) and/or Sample(s) Described is Hereby Acknowledged: i I No. Description __J I I I L I 3 I I I 1t-'~rlnl'l,;J hfo,.;.,_,,, /)/-.e. lb '~ I // - 71 I I !Bl f t & ~ /!?kod.:11- , dA <,. 4.. -A ~I 7-0 - 1: ~ b 0_,4_ /~Ji -~ u -. .. - I I . 'I I I I - tk.v/ i OpUonale DupHcat~ m Split SampIese Requested and Pro"'_de~. _ O_ _ / :2 ' " "uest~d l~spector's Signature " 1 : //]___ JC:aima~~t' L._ _ S1gnat ..!" -,, _ Name L&zt;t/,, II&d -' Name I ~'LI f,,,,_1, +\1\fuWUN I Av~ irn:e [1 It' St!/.talts/- DateIJ/4(/~~ Title lol,,,,.--1 t,vt../,pA~fr.J t-,(__. IDate r i'1'. ~<,rm 77401 (Rev. 2/16) I ~~ ~9,'it1 i Ir Ptirtt Form ] 1-lnspector Copy Ii l ' I ' I ~:J~1 - - 1I n 3/tt/zvz.,1; 2-Fa<:ility C.opv