On August 12, 2013, Region 5 filed a Part 22 CAFO concluding a TSCA § 16(a) administrative action against Midwest College Painters, LLC (Midwest), a now dissolved Michigan corporation. On or about June 13, 2011, Midwest entered into a contract to perform an exterior renovation at a single-family dwelling in Lansing, Michigan. The home was constructed in 1905 and therefore Âtarget housing subject to TSCA §§ 402 and 406 and the lead Renovation, Repair, and Painting Rule at 40 C.F.R. Part 745, Subpart E (RRP). Midwest was notified that a pregnant woman and four-year-old child lived in the home. On or about July 18, 2011, Midwest performed the renovation, but without firm certification from EPA under 40 C.F.R. § 745.89, without providing the homeowners with the Renovate Right pamphlet, without retaining documentation of compliance with the RRP work practice standards, and without eliminating all paint chips and debris and sealing them in a heavy-duty bag. On January 9, 2013, EPA filed a complaint in this matter alleging 5 violations of TSCA and the RRP and seeking a penalty of $116,500. While Midwest did not answer the complaint, it filed for dissolution with the State of Michigan and provided EPA with financial information showing that it qualified for consideration under the RRP microbusiness policy and had limited ability to pay a penalty.
Upon consideration of the relevant enforcement penalty policies and MidwestÂs ability to pay, EPA determined that it was appro