For the second time in three years, a Texas television show’s depiction of home renovation in violation of EPA’s Lead Renovation, Repair and Painting Rule (RRP Rule) has resulted in a Clean Air Act enforcement action. Companies affiliated with “Texas Flip N Move” have agreed to pay civil penalties to EPA, ensure compliance with the RRP Rule in future renovations, and conduct an education program about lead-based paint hazards and the importance of using a certified renovator.
Prior Enforcement against “Fixer Upper”
In June 2018, EPA announced settlement of an enforcement action against Magnolia Homes, the company of Chip and Joanna Gaines in the show “Fixer Upper.” Magnolia agreed to pay a civil penalty, conduct a community lead abatement project, and post an internet video about renovating homes that contain lead-based paint. (See TV Show Leads to Clean Air Act Penalty, Alert June 11, 2018)
According to the “Texas Flip N Move” Consent Agreement, in July 2018 EPA inspected a “Texas Flip N Move” worksite in Boyd, Texas, which resulted in this enforcement action.
Education and Renovation instead of Most of the Penalty
In the Consent Agreement, the companies affiliated with “Texas Flip N Move” agreed to pay a penalty of $238,037, with all but $30,000 forgiven if the companies:
- Place banners on existing episodes of “Texas Flip N Move” informing viewers of lead-based paint regulations and reminding them to use certified contractors.
- Develop informational webpages on the companies’ websites with links to the EPA Lead and RRP webpages.
- Integrate elements of the RRP Rule into future programing.
- Hire a third-party entity to perform lead abatement in low-income target-housing residences or child-occupied facilities within the Dallas-Fort Worth metroplex.
For a link to EPA’s news release on the settlement, which includes links to the Consent Agreement and to get more information on EPA’s lead-based paint programs https://www.epa.gov/newsreleases/epa-settles-texas-flip-n-move-tv-show-alleged-lead-based-paint-violations