ARKANSAS DEPARTMENT OF HEALTH

TSCA § 402 LEAD-BASED PAINT TRAINING AND CERTIFICATION

PROGRAM DESCRIPTION

A. INTRODUCTION

The Lead-Based Paint Hazard Program in the state of Arkansas is administered by the Arkansas Department of Health (ADH). Within the De partment, the Applied Epidemiology Branch has immediate responsibility for admini stering the program. The cont act person is Shirley Louie, M.S., CIH, Applied Epidemiology Branch Chief and Deputy State Epidemiologist.

The Lead-Based Paint Hazard Program, as authorized by Arkansas Code Ann. §§ 20-27-2401-

2409 and the Arkansas Board of Health Rules Pertaining to Lead- based Paint Activities

, mandates the conduct of lead-based paint ac tivities in the state of Arkansas.

Particularly, the statute and th e rules prescribe that training providers, firms, and individual professionals submit to a licensing and certificatio n process to assure certain core competence by scoring a minimum on a test, in addition to th e course exam administered by the training provider. The Lead-Based Paint Hazard Program also ensures work practice standards for performing lead-based paint activities.

The term “lead-based paint” or “LBP” is used throughout this document and is defined as:

“paint or other surface coatings that contai n lead equal to or in excess of 1.0 mg/cm 2 (milligrams per square centimeter) or more than 0.5 percent by weight. Section II (56)

Lead-based paint activities include:

“in the case of target housing a nd child-occupied facilities, in spection, risk assessment, and abatement.” Section II (57)

Target housing is defined as:

“any housing constructed prior to 1978, except housing for th e elderly or persons with disabilities (unless any one or more children age six years or younger reside s or is expected to reside in such housing for the elderly or pers ons with disabilities) or any zero - bedroom dwelling.” Section II (93)

Child-occupied facility is defined as:

“a building or portion of a buildi ng constructed prior to 1978, visi ted regularly by the same child, age six years or younger on at least two diffe rent days within any week (Sunday through Saturday period), provided that each day’s vis it lasts at least three hours and the combinedweekly visit lasts at l east six hours, and the combined annual vi sits last at least 60 hours. Childoccupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. ” Section II (17)

Inspection is defined as:

“a surface-by-surface investigation to determine the presence of lead - based paint and the provision of a written report expl aining the results of the invest igation. Inspections may only be performed by an individual certified as an inspector or risk assessor.” Section II (53)

Risk assessment is defined as:

“means (1) an on-site investigation to determine the existence, nature, severity, and location of lead - based paint hazards, and (2) the provision of a written report by the certified risk assessor

and the licensed contractor or consultant conducti ng the risk assessment, explaining the results of the investigation and options for reducing lead - based paint hazards. Risk assessments may only be performed by individuals certified as risk assessors.” Section II (89)

Abatement is defined as:

“any measure or set of measures designed to perm anently eliminate lead - based paint hazards. Abatement includes, but is not limited to: Section II (1) – (3)

(1) The removal of paint and dust, the permanen t enclosure or encapsulation of lead - based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of soil, when lead - based paint hazar ds are present in such paint, dust or soil;

and (2) All preparation, cleanup, disposal, and post-abatement clearance testing activities

associated with such measures. (3) Specifically, abatement includes, but is not limited to:

(A) Projects for which there is a writte n contract or other documentation, which provides that an individual or contr actor or consultant will be conducting activities in or to a target house or child-occupied facility that:

(i) Shall result in the permanent elimin ation of lead - based paint hazards; or

(ii) Are designed to permanently elimin ate lead - based pa int hazards and are described in the above-referenced paragr aphs (1) and (2) of this definition.

(B) Projects resulting in the permanent elim ination of lead - based paint hazards, conducted by contractors or consulta nts licensed in accordance with the provisions of this rule and individuals certified pursuant to the provisions of this rule, unless such projects are addresse d by paragraph (4) of this definition.

(C) Projects resulting in the permanent elim ination of lead - based paint hazards, conducted by contractors or consulta nts or individuals who, through their company name or promotional literature , represent, advertise, bid, or hold

themselves out to be in the business of performing lead - based paint activities as identified and defined by this rule, unle ss such projects are covered by paragraph

Arkansas Department of Health 2 August 2011(4) of this definition.

(D) Projects resulting in the permanent elimin ation of lead - based paint hazards, that are conducted in response to Federal, state or local abatement orders.

(4) Abatement does not include renovations, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead - based paint hazards, but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a re duction or elimination of lead - based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance act ivities, or other measures and activities designed to temporarily, but not permanen tly, reduce lead - ba sed paint hazards. Section II (4)

Throughout the above mentioned defi nitions are the definitions for lead-based paint hazard, leadcontaminated soil, and lead-contaminated dust. Specifically, a lead-based paint hazard is any condition that causes exposure to lead from lead -contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse hum an health effects as identified by the EPA pursuant to TSCA section 403. Sec tion II (58) Lead-contaminated soil is bare soil on target house real property and on the property of a child-occ upied facility that cont ains lead at or in excess of levels identified by the EPA pursu ant to TSCA section 403. Section II (60)

Lead-contaminated dust is surface dust in target houses or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to TSCA section 403. Section II (59)

The program provides for enforcement for failure to comply with the statute and the rules. This includes the ability to revoke or modify certification of indi viduals and licensing of training providers and firms for falsificati on of documents, failure to have the proper training, and failure to follow work practice standards or training requirements. In addition to revocation, the Department has the authority to pur sue an action in either an admi nistrative venue or any court of competent jurisdiction for civil or criminal penal ties. The Department also provides notification of alleged violations and an opportunity for app eal, including the submission of evidence and the proffer of witnesses. Administ rative matters may also be appealed to the proper appellate-level

court.

Shirley Louie, M.S., CIH, is immediately respons ible for the administration of the Lead-Based Paint Activities Program. Ms. Louie’s supervisor is Dr. John Senner, Director of the Center for

Public Health Practice.

B. DESCRIPTION OF PROGRAM

The following information expands upon the existing program elements of the lead-based paint activities program. The Lead-B ased Paint Hazard Act of 2011 was enacted with the specific intent to “adopt, administer, and enforce a pr ogram of licensing lead-b ased paint activities training programs, procedures, and requirements for the licensing a nd certification of individuals

Arkansas Department of Health 3 August 2011and firms engaged in lead-based paint activities and work practice standards for performing such activities ... A.C.A. §§ 20-27-2401-2409.

The Act also provides,

The Department of Health sha ll administer and enforce this subchapter with the powers and duties to: 1) requ ire and regulate training and examin ations for individuals engaged in lead-based paint activities under this subchapter; 2) establ ish standards and procedures for the licensing and certificat ion of firms and individuals engaged in lead-based paint activities and training providers engaged in training indivi duals for certif ication under this subchapter; 3) enforce rules necessary or appropriate to the implementation of this subchapter, including without limitation taki ng legal action in a court of competent jurisdiction; 4) issue licenses and certific ations to all applicants that satisfy the requirements of this subchapt er; 5) review the licenses and certifications under this subchapter; and 6) suspend or revoke the licen ses and certifications und er this subchapter

for cause and after notice a nd opportunity for a hearing.

The Act also provides that:

It is unlawful for a person to: 1) conduct lead-based paint activities without having first

obtained a license or certificati on, or both, from the Department of Health when acting as a contractor, consultant , training provider, inspector, pr oject designer, risk assessor, supervisor, or worker; 2) violate the subchapt er or any rule or order adopted or issued under this subchapter; 3) knowingly make any false statement, representation, or certification in any application, record, report, or other docum ent filed or required to be maintained under this subchapter or rules a dopted under this subchapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or a ny rule adopted under th is subchapter; or 4) participate in any lead-based paint hazard activ ity contrary to the rules or orders issued under this subchapter and the rules adopted under this subchapter, whether or not the person is required to have a license under this subchapter.

Moreover, Section III of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint

Activities specifically addresses the requirements fo r application and approval of lead-based paint training providers. Section III (b) lists the application process that includes minimum educational and experience standards for the trai ning manager and instructors. Section III (c) and (d) addresses the specific course requirements for the particular disciplines. Reaccreditation standards for lead-based paint activities training programs are prescribed in Section III (e). Disciplinary actions for lead-based paint activit ies training providers are addressed in Section III (f). Record keeping requirements for these tr aining programs are addressed in Section III (g).

Similarly, the Act and the Rules ensure that individuals performing lead-based paint activities are trained and certified to perform these activ ities. The Arkansas Board of Health Rules Pertaining

to Lead-Based Paint Activities prescribes the activities of indivi duals engaged in lead-based paint activities. The purpose of the Rules is to establ ish standards and procedur es for the certification of individuals engaged in lead-bas ed paint activities. The specific requirements for certification

Arkansas Department of Health 4 August 2011are mandated in Section IV of the Arkansas Board of Health Rules Pertaining to Lead-Based

Paint Activities , including original certification; renewal of certification; reciprocity; and a requirement for testing other than the course completion test administered by the training provider. Section IX, Enforcement, clearly desc ribes prohibited behavior that includes working

without certification and trai ning; falsification of documen ts; and fraudulently obtaining

certification.

Both the statute and the rules provide for work practice standards. The requirement for work practice standards is specifical ly stated in the legislativ e intent. A.C.A.§§20-27-2401-2409. Similarly, the purpose of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint

Activities clearly includes that it is to “establish work practice standards for performing leadbased paint activities”. Section I (b)(3)(D)

Section VIII (a) details the work practice st andards by defining docum ented methodologies and the activities of inspection, lead hazard screen risk assessment and abatement. Additionally, laboratory analysis is discussed, as well as prohibited practices. These prohibitions on

individuals and firms follo w the work practices in these Rules, including those is Section IX (a),

Violations.

Firms engaged in lead-based paint activities are also required to be licensed pursuant to the

Lead-Based Paint-Hazard Act of 2011 and the Arkansas Board of Health Rules Pertaining to

Lead-Based Paint Activities . Additional requirements in the Rules mandate they employment of

trained and certified individuals to perform lead-based paint activities and penalties for failure to comply with these provisions.

C. PROGRAM ANALYSIS 1. Program Elements a. Accreditation of Training Programs

Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities Section III (c) details the training requirements for the disciplines of Inspector (Section III (c ) (1)); Risk Assessor (Section III (c) (2)); Supervisor (Section III (c) (3); Project Designer (Section III (c) (4) and Abatement Worker (Section III (c) (5).

The minimum training hour requirements are detailed in Section III (b) (4) (G). Specifically, the Inspector course is required to last a minimum of 24 hours, including 8 hours of hands-on training. The Risk Assessor cour se is required to last a minimu m of 16 training hours, including 4 hours of hands-on training. The Supervisor cour se is required to last a minimum of 32 hours, including 8 hours of hands-on trai ning. The Project Designer c ourse is required to last a

minimum of 8 hours. The Worker course is re quired to last a minimu m of 16 hours, including 8 hours of hands-on training. Refresher courses an d their requirements are mandated in Section III (d).

To ensure trainee competency and proficiency, th e training providers are re quired to administer a course test with a 70% passing score out of 100 questions, in a ddition to requiring trainees to successfully complete a hands-on assessment. Sec tion III (b) (4) (H). Additionally, the course

Arkansas Department of Health 5 August 2011blueprint has been submitted to ADH and approved pr ior to issuance of a lic ense and the training manager is required to maintain the validity of the test. Sectio n III (b) (4) (H) (ii).

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities assures quality control of the lead-based paint courses by requiring the training providers to develop a quality control plan prior to licensing of the program. Section III (b) (4) (J). The training provider is also required to establish procedures for periodi c review of the training program (Section III (b) (4) (J) (i)) and an annual review of instruct or competency (Section III (b) (4) (J) (ii)).

Training providers may seek reaccreditation of thei r programs pursuant to Section III (e). This

includes a review of the curriculum and course mate rials; the test blueprin t; hands-on instruction;

and hands-on skill assessment.

To ensure the level of qua lity prescribed by the Ar kansas Board of Health Rules Pertaining to

Lead-Based Paint Activities , training providers are required to keep detailed records and make

these records available for ADH review. Section III (g). This includes required documentation necessary for review of instruct or qualifications; test blueprint; current course materials; documentation regarding hands-on instruction; an d information regarding the quality control plan. Section III (b) (4) (M) spec ifically authorizes inspections of the training facility and training class.

Enforcement against lead-based paint training provi ders is explicitly authorized in A.C.A. §§ 20- 27-2401-2409. These prohibitions ar e further detailed in Secti on III (f) Suspension, revocation, and/or modification of training programs. Section IX (a) Enforcement, Violations, give further notification of prohibited actions . Penalty assessment is se t forth in Section IX (c).

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities makes specific provisions for accepting training offered by training providers approved by the Environmental Protection Agency (EPA), or state or tribal programs approved by the Environmental Protection Agency. Section IV (1) (B) (ii).

b. Certification of Individuals

Section I (b) (3) (C) states that one of th e purposes of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities is to “establish procedur es and requirements for the certification of individuals engage d in lead-based paint activities”. Section I (b) (3) (E) further requires that all lead-b ased paint activities performed in target housing or child-occupied facilities be performed by certifi ed individuals. The procedure fo r certification is detailed in Section IV (a) (1) (A) (i) – (v).

“(A) Individuals seeking original certificati on by the Department to engage in lead-based paint activities must submit to the Department: (i) a complete application, including any applicable fees; (ii) a completed disclosure statement for individuals; (iii) an original training certificate in the a ppropriate discipline issued by a licensed training provider approved by EPA, or a training provider appr oved by a state or Indian Tribal program

Arkansas Department of Health 6 August 2011that has been approved by EPA; (iv) an affida vit that they currently meet the education requirements set for by this section, if app licable; and (v) if a pplicable, a certificate demonstrating that they have passed a certific ation exam in the appropriate discipline.”

The same requirements apply to certification of individuals seeking certification based on reciprocity. Section IV (a) (1) (B) (i) – (vi).

Training and experience requirements for indi viduals seeking certification for a specific discipline are prescribed in Sect ion IV: Inspector, (b) (1) (A) – (C ); Risk Assessor, (b) (2) (A) – (F); Supervisor, (b) (3) (A) – (E); Worker, (d) (1 ); and Project Designer, (d) (2) (A) – (C). The training manager is responsible fo r ensuring that the training progr am complies at all times with all applicable requirements go Ti tle IV of TSCA and this Rule . Section IV (b) (4) (L). Individuals are also requir ed to recertify as prescr ibed in Section IV (h).

Individuals are also required to perform lead-based paint activiti es in compliance with the work practices prescribed in the Lead-Based Paint Hazard Act of 2011 and the Arkansas Board of

Health Rules Pertaining to Lead-Based Paint Activities Section VIII (a). Section IV (i) (7) provides that the ADH may suspend, revoke, deny or m odify an individual’s certification if an individual has failed to comply with work practice standards set forth in the Rules.

Should the ADH pursue enforcement for violatio ns of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities , individuals may request a hearing on any decision of the Director to revoke, modify or suspend a certifi cation or a license pursua nt to the requirements

of Administrative Proce dure Act, A.C.A § 25-15-201, et seq

.

The ADH requires individuals applying for certi fication as Inspector, Risk Assessor or Supervisor to demonstrate a level of perfor mance by passing a certific ation examination in

addition to the course examina tion administered by the traini ng provider. Section IV (c) addresses the requirements of this certification examination.

c. Standards for the Conduct of Lead-based Paint Activities

Inspection

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities requires that inspections be performed by certi fied individuals employed by licensed firms. This requirement appears throughout the Rules, incl uding in the General Provision Section, which provides that all lead-based paint activities must be performe d by certified individuals employed by a licensed contractor or licensed consultant for that particul ar lead-based paint activity; or employed as an in-house employee for that particul ar lead-based paint activity. S ection I (h) (1) (A) and (B). This requirement is addressed again in the defi nition of a certified inspector; who must be certified by the ADH to conduct lead-based paint in spections and must perf orm these lead-based paint inspections for a licensed c ontractor or consultant. This re quirement is reiterated in Section IV (a), which requires that individuals must firs t apply to the ADH for certif ication to engage in lead-based paint activities, which include inspec tions and that the individual must submit an original training certificate and satisfaction of the examination requirements. Firms are also

Arkansas Department of Health 7 August 2011mandated to employ only appropriately certified individuals for perfor ming lead-based paint activities. Section V (a) (2). Finally, Section VI II (b) (1) and (2) requir es that inspections be performed by individuals certified by the ADH as an inspector or risk assessor and performing the inspection for a licensed lead-based paint consu ltant or lead-based paint contractor or as an in-house employee.

By definition, an inspection is a surface-to-surf ace investigation to determine the presence of lead-based paint and the provision of a written report explaining the results of th e investigation. Section II (53). Section VIII (b) (2 ) (A) (i) states that both interi or and exterior locations should be inspected. Section VIII (a) (4) prescribes th at inspections are to be performed according to documented methodologies listed. Section VIII (a) (2 ) (C) (i) – (x) addresse s the specifics of the written report which should sufficiently desc ribe the building in que stion the owner, the individuals and firms performing the lead-based paint activities; the te sting methods used; the specific locations tested, includi ng a diagram; and the results of the testing expressed in terms appropriate for the testing method. Also, the firm is required to re tain this report document for 3 years. Section VIII (i).

Risk Assessment

Risk assessments may only be performed by cer tified individuals employed by licensed firms. Section I (h) (1) (A) and (B).

Risk assessment is defined as on on-site inve stigation to determine the existence, nature, severity, and location of lead-based paint hazar ds. Section II (89). At a minimum, a risk assessment includes a visual inspection and enviro nmental sampling for lead in dust, paint and soil. Section VIII (d) (2). The result of the ri sk assessment is a written report that identifies the following: date of the assessment; the address of the buildings; the date of construction; the name and address of the owner; the name, address, ce rtification number of the risk assessor and the name, address, and license number of the firm employing that individual; the name and address of the certified laboratory performing the analys is; the results of the visual inspection and the testing methods employed; the specific location of each painted component tested including a diagram; a copy of all data genera ted from on-site testing; the re sults of previous inspections; a description of the hazard identified; and propos ed interim controls and abatement options. Section VIII (d) (2) (O) (i) – (xviii).

These records are to be retained by the firm fo r a minimum for 3 years as mandated by Section VIII (i), Recordkeeping.

Abatement

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities mandate that all lead-based paint activities, as defined by these Rules, which are performe d on target housing or child-occupied facilities must be performed by individuals certified in the relevant disciplines. Section I (h) (1).

Arkansas Department of Health 8 August 2011The definition of a certified abatement worker is an individual who has been trained by a licensed lead-based paint activities training pr ogram, as defined by this rule, or a training program which has been accredited by EPA or a state or Indian Tribal program that has been approved by EPA pursuant to 40 CFR Section 7 45.324 and the individual has been certified by the ADH to perform lead-based paint abatements. Section II (10). Firm s are required to certify that they will only employ appr opriately certified individuals to perform lead-based paint activities. Section V (a) (2). As indicated in Section VIII (e) that outline procedures for abatement activities, only indivi duals certified by ADH may perform abatements. Section IX details the above-described prohibitions.

By definition, abatements are the permanent elimination of lead-based paint hazards and will not result in increased hazards to occupants of targ et housing or child-occupied facilities. Section II (3).

Post-abatement clearance levels are establishe d in Section VIII (e) (9) (H) and required in Section VIII (e) (9) (E). The standards for perf orming these clearance activities include: visual inspection; who and when dust samples are take n; taking dust samples in single-family and multi-family dwellings; and a requirement to re peat the cleaning process until the acceptable

level is achieved.

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities requires the preparation of a written abatement report that incl udes the dates of the abatement activities; the name, address, and license number of the firm conducting the abatement; a copy of the occupant protection plan and the name, address, and certif icate number of the risk assessor or inspector preparing the plan; the results of clearance testin g; and a detailed written description and diagram of the abatement area, including the abatement me thods used. Section VIII (e) (11) (A) – (F).

Additionally, Section VIII (i), Recordkeeping, requires firms performing lead-based paint

activities to retain all reports generated in conducting thes e activities for a mi nimum of 3 years.

d. Standards for the Licensing of Firms

The Lead-Based Paint Hazard Act of 2011 require s licensing of firms engaged in lead-based paint activities. The Act further mandated that the ADH establish standards and procedures for the licensing of firms engaged in lead-based pa int activities. The ADH is also empowered to suspend or revoke licenses. A.C.A. §§ 20-27-2401-2409.

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities states that the purpose of this Rule is to: establish procedures and requirements for the licensing of lead-based paint activities contractors and consultants and require that all lead-based paint activities performed in target housing or child-occupied facilities be pe rformed by a licensed lead-based paint consultant or contractor and certified individuals. Se ction I (b) (3) (B) and (E).

The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities also mandate that

contractors or consultants who perform or offer to perform th e lead-based paint activities

described in these Rules shall be licensed by the ADH. The contra ctor or consultant must then

Arkansas Department of Health 9 August 2011submit a certification to the ADH that the fi rm will only employ appropriately certified individuals to perform lead-based paint activities; and that wo rk practice standards will be followed; and a supervisor will be present during the performance of all lead-based paint activities. Section V (a) (2).

Licensed forms are also required to maintain record s. These records are subject to review by the ADH and inspection of the site at which the firm is performing lead-based paint activities. The ADH is specifically authorized to enforce violations in any court of compet ent jurisdiction and to pursue civil and criminal enforcement. Administ rative violations may be appealed pursuant to the requirements of Administrativ e Procedure Act, A.C.A § 25-15-201, et seq . Actions that may

result in enforcement are in Sections V and IX of the Arkansas Board of Health Rules Pertaining

to Lead-Based Paint Activities

.

INFRASTRUCTURE TO ADMINISTER A ND ENFORCE THE LEAD-BASED PAINT

ACTIVITIES PROGRAM

Enforcement and Compliance Element 1 – Adequate Standards, Regulations and Authority

(1) The ADH has the authority to license training providers in a manner as protective of human health and the environment as the program authorized by 40 CFR Section 745.325 (b). This statutory and regulatory authority is primarily found in the Lead -Based Paint Hazard Act of 2011, A.C.A. §§ 20-27-2401-2409 and The Arkansas Board of Health Rules Pertaining to LeadBased Paint Activities . Section III, Licensing Procedures for Lead-based Paint Activities Training Providers. Specific citations to the ADH statute and Rules are pr ovided above to detail a comparison to the TSCA requirements.

ADH also has the statutory and regulatory authority to certify individual s in lead-based paint activities as required by 40 CFR 745 .325(c). This statutory and regul atory authority is primarily

found in the Lead-Based Paint Hazard Ac t of 2011, A.C.A. §§ 20-27-2401-2409 and The

Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities . Section IV,

Certification of Individuals e ngaged in Lead-Based Paint Abatement Activities Performed on Target Housing and Child-Occupi ed Facilities. They also authorize the ADH to provide protection to human health and th e environment in a manner as protective as the TSCA program. Specific citations to the ADH stat ute and Rules are provided above to detail a comparison to the TSCA requirements.

The ADH has the statutory and regulatory authority in the Lead-Based Pa int Hazard Act of 2011, A.C.A. §§ 20-27-2401-2409 and The Arkansas Board of Health Rules Pertaining to Lead-Based

Paint Activities , Sections IV and VIII, wh ich ensures that the ADH can protect human health and the environment to the extent provided in the TSCA program. The language of the statute and Rules is discussed in detail above and demonstrates the ability of the ADH as compared to that of the authority in the TSCA program.

(2) As part of the ability of the ADH to be as protective of human health and the environment, ADH staff has the authority to enter facilities for the purpose of conducting inspections of the conduct of lead-based paint activit ies, Section IX (a) (1) (A) and (B); to audit training programs

Arkansas Department of Health 10 August 2011to assure the training provider conforms to th e standards of the Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities ; and to review records. Section III (b) (4) (M). The Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities Section III (g) requires that training programs maintain and make available to EPA and/or the ADH training records. Section IX (a) (1) (A ) specifically lists failure or refusal to permit access, entry, or inspection by ADH staff in the performance of thei r duties as a violation; and Section IX (a) (1) (B) further lists that failure or refusal to permit inspection or copying of any document or record required to be kept under the provision of this Rule by ADH staff in the performance of their

duties as a violation.

(3) The ADH has an array of flexible remedi es available to ensure compliance with the provisions of the Lead-Based Paint Hazard Act of 2011 and the Arkansas Board of Health Rules Pertaining to Lead-Based Paint Activities. A.C. A. § 20-7-101 (b) (A) (1) state that every firm, person, or corporation who violates any of the rules or regulations issued or promulgated by the

State Board of Health or who viol ates any condition of a license, pe rmit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board.

Section IX (c) (1) (A ) – (C) of the Arkansas Board of Health Rules Pertaining to Lead-Based

Paint Activities authorizes the ADH to institute a ci vil action in any court of competent jurisdiction to: restrain any viol ation of or compel compliance w ith the provisions of the LeadBased Paint Hazard Act of 2011 and any rules, or ders, issued pursuant thereto; affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purpose and intent of the Lead-Based Paint Hazard Act 0f 2011; and to recover all costs, expenses, and damages to the ADH and any other agency or subdivision of the State in enforcing or effectuating the provisions of this Act, including, but not limited to, natural resource damages. Section IX (c) (2) also provid es for the recovery of civil penalties.

The Arkansas Department of Hea lth has the authority to suspend, revoke or modify: a license of a training program, Section II (d); an individual, Section IV (i); or a firm, Section V (b). A more complete, but not exclusive list of violations is set forth in Section IX, Enforcement.

Enforcement and Compliance Elemen t 2 – Performance Component

The ADH can demonstrate its ability to enforce the lead-based paint ac tivities program based upon its allocation of staff. The ADH is committed to training th e staff administering the leadbased paint activities pr ogram. This includes: attending trai ning that will assist the staff in developing enforcement files; maintaining en forcement files; obtaining knowledge of the particular lead-based paint activ ities disciplines; violation determinations; consent in evidence gathering preservation of evidence; chain-of-c ustody; and sampling procedures. This is considered to be an on-going process that has been initiated prior to appl ication for authorization to administer the federal program.

The ADH is committed to providing compliance assi stance to the public at large and to the regulated community. This includes accessibility by telephone to answer questions and discuss

issues. The staff is available to meet with i ndividuals or small groups at the ADH or to attend

Arkansas Department of Health 11 August 2011Arkansas Department of Health 12 August 2011 larger meetings and speak on lead-based paint act ivities issues. The staff in the Environmental Epidemiology Section will be developing an inte rpretive guidance manual and distribute staff interpretations on issues as matters require clar ification. The ADH has a llotted three individuals to work with the lead-based paint activities prog ram. Additionally, there are three environmental epidemiologists who can also be available to assist if needed. Ad ministrative and legal personnel are also available to suppo rt the activities of this program.

Enforcement and Compliance Element 3 – Summary of Progress and Performance

The ADH is committed to providing a written summa ry of compliance and enforcement efforts in lead-based paint activities to the EPA Regi onal Administrator, Regi on VI. This summary shall include a summary of th e scope of the regulated comm unity, including the number of licensed training providers, firms, and certified individuals. In discussing the scope, the ADH will provide the number of inspections conducted; the number and type of enforcement actions taken; compliance assistance provided to the pu blic and the regulated community; the level of resources committed to this program.

The summary will also include a discussion of the significance of changes in the enforcement of the lead-based paint hazard program. The ADH will also discuss the results from the implementation of the compliance and enforcemen t of this program. Th e ADH will also discuss

how measures of success were achieved and di rectly assess the impact of compliance or enforcement on reducing threats to public health and the environment.