Three Companies Fined by EPA for Failure to Distribute
Lead Safety Pamphlets
The Environmental Protection Agency (EPA) has levied major
fines on three window companies for alleged lead notification violations.
Permanent Siding and Windows in Milford, Ct., was fined $30,702 based
on allegations that it failed to provide lead hazard information to homeowners
or occupants before doing renovations that may have disturbed surfaces
coated with lead-based paint.
EPA’s New England office says that Permanent Siding and Windows failed
to provide EPA’s lead hazard information pamphlet to at least 17 owners
or occupants before the company began renovation activities. The violations
in this case allegedly took place during renovation work done between
January 2006 and March 2009. Permanent Siding has certified that it is
now in compliance with EPA’s Pre-Renovation rule and will submit a report
to EPA later this year to demonstrate its continued compliance with this
Similarly, Window World of St. Louis Inc. recently was fined $19,529 for
charges that it failed to notify owners and occupants of at least 20 St.
Louis area residential properties built before 1978 of lead-based paint
risks prior to performing renovation work at those locations.
According to the EPA, the window replacement company was legally required
to provide owners and residents of the properties with an EPA-approved
lead hazard information pamphlet before starting renovations at the properties
as part of the requirements of the Residential Lead-Based Paint Hazard
Reduction Act passed in 1992.
As part of its settlement with EPA, and in addition to paying the civil
penalty, Window World of St. Louis has agreed to perform a supplemental
environmental project. The company will spend an estimated $20,048 to
replace a total of 73 windows contaminated with lead paint at three group
home facilities operated by the non-profit social services organization
Youth in Need.
Jim Lomax, co-owner of Window World of St. Louis, told DWM magazine that
the company “takes the issue of lead safety very seriously, and that all
of its installers are EPA lead-safe certified.”
The company also clarified that “the recent fine is based on a random
audit of work conducted before March 2010. The fine is specifically in
regard to the distribution of lead safety pamphlets as required by the
Residential Lead-Based Paint Hazard Reduction Act from 1992, not the recent
Renovation, Repair and Painting rule.”
“The EPA’s recent fine against Window World of St. Louis is the result
of our error in the distribution of lead safety pamphlets, not from unsafe
renovation practices,” says Lomax. “We’re happy to report that we’ve resolved
the issue with the EPA, and we are now back to full compliance with the
Residential Lead-Based Paint Hazard Reduction Act and the recent Renovation,
Repair and Painting rule.
Just a few weeks after Window World of St. Louis was fined, EPA’s Region
7 announced that Window World of Omaha, Neb., has agreed to pay a $3,976
civil penalty to the United States to settle allegations that it failed
to notify owners and occupants of at least eight Omaha residential properties
built before 1978 of lead-based paint risks prior to performing renovation
work at those locations.
MERGERS AND ACQUISITIONS
Quanex Acquires Washington Vinyl Extrusion Plant from
Quanex Building Products Corp. and JELD-WEN have entered into an agreement
for the sale of JELD-WEN’s equipment and certain other assets of its vinyl
extrusion plant in Yakima, Wash. The plant now is a part of Quanex’s Mikron
JELD-WEN had opened the plant in 2007 and had been making some of the
extruded vinyl profiles used at its window plants across the United States
there. Mikron, part of Quanex’s Engineered Products Group, has been JELD-WEN’s
long-time extrusion supplier, and had provided “technical expertise to
help make the operation the success it is today.”
Royal Window and Door Profiles Expands Distribution
Presence into the United States Royal Window and Door Profiles,
a division of Royal Group Inc., has opened its first company-owned distribution
center in the United States. The new Southern Patio Door Distribution
Center—which is co-located with a Royal Mouldings manufacturing facility
in Bristol, Tenn.—already has begun to fill customer orders for finished,
fully-assembled patio doors.
The Southern Patio Door Distribution Center will supply Royal patio doors
and will stock Royal’s Opera™ and Jazz™ wide, slim and Impact patio doors,
in fully glazed and unglazed versions.
Glasslam Files Complaint Against Edgetech in Federal
Glasslam USA (also known as Nebula Glass International Inc.) has filed
a suit against Edgetech I.G. alleging that the company has engaged in
defamation, deceptive and unfair trade practices, and breach of contract,
among other allegations. The 22-page complaint was filed in late March
in the U.S. District Court for the Southern District of Florida.
The case relates to Glasslam’s entry into the warm-edge foam spacer market
in 2007 with its EPD Air-Tight™ spacer, and Edgetech’s own warm edge foam
Super Spacer® product.
Glasslam catalogs several claims, including allegations that Edgetech
“began its anti-competitive conduct before Glasslam could produce its
first foot of product.” The company alleges that Edgetech pressured suppliers
that manufacture raw materials used in foam spacers not to sell to Glasslam,
with the threats of litigation. Among the suppliers named are Gold Key
Processing Ltd. in Middlefield, Ohio, which provides EPDM rubber; two
adhesive suppliers, CCT Tapes in Philadelphia and MACtac North America
of Stow, Ohio; and two silicone suppliers, Dow Corning of Midland, Mich.,
and Wacker Chemie AG of Lehigh, Pa.
“In addition to exerting pressure on suppliers of raw materials, Edgetech
pressured equipment manufacturers not to do business with Glasslam,” continues
the company, which alleges that Lisec America Inc. “would not discuss
equipment opportunities with Glasslam despite the downturn in commercial
Glasslam also claims that “Edgetech conspires with trade associations
and certification councils to keep Glasslam’s EPDM warm edge foam spacer
from the market.” The company names the Insulating Glass Manufacturers
Alliance (IGMA) and the Insulating Glass Manufacturers Association of
Canada (IGMAC) specifically, and alleges that “Edgetech personnel control
the certification process and committees and [have] utilize[d] anti-competitive
tactics with [IGMA’s Insulating Glass Certification Committee] IGCC to
keep Glasslam’s spacer from getting to the market.”
Glasslam claims that in May 2008 the “Edgetech-led IGCC concluded that
one manufacturer’s spacer system cannot be considered the equivalent of
another manufacturer’s spacer system under any circumstance.”
“The effect of this ruling required any window manufacturer who wanted
to purchase Glasslam’s product instead of Edgetech’s to obtain a new certification
which included a lengthy and expensive testing process,” writes Glasslam.
“Through this one move, made possible by its control of IGCC, Edgetech
set Glasslam’s entry in the market back by over a year.”
Glasslam further alleges that “Edgetech blackmails customers to prevent
Glasslam competition with the foam spacer.” Among the charges in this
section of the complaint, Glasslam claims that when it began selling its
black Air-Tight foam spacer at a lower price than Edgetech’s price for
a similar black product, it found that some customers who might have purchased
the black spacer product from Edgetech began purchasing it from Glasslam.
“When Edgetech learned that some of its customers had bought or intended
to buy Glasslam’s black foam spacer instead of Edgetech’s, Edgetech threatened
to cut off the customer’s supply of Edgetech’s spacers in other colors,
as well as related tools and accessories,” writes Glasslam.
Among charges of defamation, the complaint claims that “Edgetech told
Glasslam’s prospective customers that Glasslam was using Edgetech’s standard
Super Spacer in its testing in order to pass certification because Glasslam’s
Air Tight spacer was not capable of passing.”
The complaint continues, “As a direct and proximate result of Edgetech’s
false, defamatory statements of fact, Glasslam lost business and sustained
damage to its business reputation.”
Edgetech officials declined to comment on the case.
WDMA and NLBMDA Members Lobby Congress
When members of the Window and Door Manufacturers Association
(WDMA) and the National Lumber and Building Material Dealers Association
(NLBMDA), met in March during their associations’ joint legislative conference,
they had the opportunity to travel to Capitol Hill to talk to Congressional
members and their staffs regarding important issues affecting the industry.
Addressing WDMA members before their visits with legislators, WDMA president
Mike O’Brien highlighted what he thought the goals of the meetings should
1. Restore and expand a residential door and window tax credit.
O’Brien encouraged individuals to ask congressional members and their
staffs how they feel about a tax credit and how to make it more robust
when the issue comes up again toward the end of the year.
2. Lead Rule—Don’t make a bad rule worse. Much of the discussion
centered around the Environmental Protection Agency’s (EPA) lead rule
and Jeff Inks, vice president, codes and regulatory affairs, told WDMA
members the key points to discuss during their meetings.
“Our fundamental message is that we don’t want to make a bad rule worse,”
The EPA currently is looking at expanding the residential rule into the
It is also looking at requiring clearance testing, and that final rule
is expected in the summer. Inks summed up the message he thought that
members should take to the Hill.
“Ask the House and Senate members to petition EPA Administrator Lisa Jackson
to not approve the proposed lead rule for clearance testing and not to
expand the lead rule into the commercial market,” said Inks.
3. Ask Congress to repeal the 1099 provision (see box).
View from the Meeting Rooms
Roger LeBrun, representing VELUX, had various meetings with Congressional
staffers and said, “Overall they were sympathetic to our issues and realize
the need to create jobs.”
Regarding the tax credits, he added that the “conservative” staffers he
met with were not really enthusiastic.
However, the topic of the EPA was a positive one, LeBrun said.
“We had a real good reaction from those we met with on this issue,” said
LeBrun. “Administrator Jackson will get inundated with letters at least
from conservative side.”
Members of the NLBMDA also met with legislators, and the EPA lead rule
is a hot-button topic for them as well.
A large part of the discussions also focused on a requirement in the healthcare
bill that would stipulate that companies who purchase more than $600 in
services from any vendor (for example, FedEx, United Airlines, etc.) would
have to file a 1099 form.
This part of the bill was repealed in early April (see box).
|Industry Applauds Congressional
Passage of 1099 Repeal
The Senate approved legislation supported by many in the industry
to repeal a tax paperwork requirement that could have cost small businesses
thousands of dollars each year in early April. The bill repeals expanded
1099 requirements in the healthcare law, and at press time was awaiting
President Obama’s approval.
If passed, the 1099 rule would have stipulated that companies who
purchase more than $600 in services from any vendor would have to
file a 1099 form.
“WDMA welcomes [the] Senate vote to repeal the form 1099 reporting
requirement that would have buried small manufacturers in paperwork,”
says Colleen Levine, WDMA director, legislative affairs. “The strong
bipartisan vote demonstrates the support garnered by WDMA members
through their visits at last month’s legislative conference and through
calls and e-mails to legislators over the past year. [The] vote to
send the Small Business Paperwork Reduction Act (H.R. 4) to the President
for his signature underscores the impact manufacturers can have in
rolling back over-reaching and cumbersome regulations that impact
window, door and skylight manufacturers and our customers.”
The National Association of Home Builders (NAHB) also lobbied for
repeal of the rule.
“In testimony before Congress and in ‘key vote’ letters to House and
Senate leaders, we have spelled out how failing to overturn these
rules would kill jobs and place a major paperwork and cost burden
on home builders,” says NAHB chairman Bob Nielsen, a home builder
from Reno, Nev.
The Senate passed the Small Business Paperwork Mandate Elimination
Act of 2011 (H.R. 4) with a vote of 87 to 12. It had previously been
approved by the House. President Obama signed the legislation into
law on April 14.
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