3. Department representatives shall not be impeded or refused entry in the course of their 

official duties in accordance with these regulations by reason of any regulatory or contractual 

specification. 

4. All persons engaged in lead-based paint activities must have the Commission-issued 

certificate present at the worksite. 

B. Enforcement - Penalties, Reprimunds, Suspensions, Revocation of Certzjkates, Proceedings and 

Hearings before the Commission and Appeals. 

Penalties, reprimands, suspensions and revocations of certificates shall be governed by Section 

49-1 7-529, Mississippi Code Annotated. All proceedings and hearings before the Commission 

regarding violations of Section 49-17-501, et. seq. Mississippi Code Annotated, or any rule or 

regulation, written order of the Commission, emergency order of the Executive Director or 

certificates issued or renewed by the Commission pursuant to Section 49-17-501, et. seq., 

Mississippi Code Annotated and all appeals therefrom shall be conducted in accordance with 

Section 49-1 7-3 1 through 49- 17-41, Mississippi Code Annotated. 

C. Severability. 

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, or 

the application of same to any person or set of circumstances is for any reason challenged or held 

to be invalid or void, the validity of the remaining regulations and/or portions thereof or their 

application to other persons or sets of circumstances shall not be affected thereby. 

- 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
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planners do to meet the needs of today's models of good practice and mentors for States's ability to fully administer and 

older adults and prepare for the younger generations about enforce the Lead-Based Paint Program, 

anticipated increase in the number of environmental hazards found in the have resulted in the State program now 

retirees and at the same time enhance community? providing adequate enforcement. This 

preservation of natural resources for In your community or state, what notice announces the authorization of 

recreation, wildlife, water, air and land intergenerational environmental the State of Mississippi's Lead-Based 

quality7 . projects have been successful in Promam. - 

Can you identify unique resource 

needs and utilization patterns of older 

adults that may generate novel ecological pressures7 

What steps can individual baby 

boomers and older adults take to not 

only reduce potential hazards to the 

environment but also reserve and 

enhance the quality orthe environment 

for themselves and future generations? 

nI. Encouraging Older Adulta To Volunteer To Reduce Environmental Hazards 

Op ortunities for Older Persons To 

EnRance the Environment and Their Health 

The National Agenda will not only 

identify strategies to protect the quality 

of life for older persons from 

environmental hazards, but also suggest 

ways to engage the nation's older 

persons in programs and strategies 

desi~ned to enhance the environment 

improving the health of children or 

older persons? 

What potential barriers exist to 

volunteering in your community to 

reduce environmental hazards? 

Public comments will be accepted 

until Tuesday, September 30, 2003. 

(1) To submit written comments, 

please send them by mail or hand 

deliver to: EPA's Aging Initiative, Mail 

Code 1107A, 1200 Pennsylvania 

Avenue, NW., Room 2512 Ariel Rios 

North, Washington, DC 20460, or 

(2) Fax comments to: National Agenda 

for the Environment and the Aging (202) 

564-2733, or 

(3) E-mail comments to: 

aging.info@epa.gov. 

Dated: May 13. 2003. 

Joanne Rodman. Acting Director. Ofice of Children's Health 

Protection. 

[FR Doc. 03-12618 Filed 5-19-03; 8:45 am] 

for dl generations. 

Many older Americans contribute 

their time, energy and expertise to 

protect their environment and educate 

their communities about environmental 

hazards to citizens and threats to natural resources. The EPA intends to Lead-Basd Paint Activities In Target 

encourage further involvement and Houslng and Child-Occupied Facllities, 

expand opportunities for older persons State Of M1ssisslppl 

to volunteer in programs designed to Lead-Based PaintAdvlties Program; 

lessen environmental hazards. Programs Approval 

ENVIRONMENTAL PROTECTION 

AGENCY 

or activities that are of interest inciude 

activities that increase awareness of environmental hazards, and preserve 

the quality of the environment for today 

and tomorrow's citizens. The EPA 

welcomes comments on encouraging 

older adults to volunteer to reduce 

environmental hazards in their 

communities. Among the questions to 

which the EPA invites comments are the 

following: 

Which volunteer programs that 

iddress environmental hazards in your 

community warrant examination for 

possible replication in other 

communities? 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: On January 21, 2003, the State 

of Mississippi submitted a selfcertification letter stating that 

Mississip i's Lead-Based Paint Training 

and Certiffcation Program meets the 

requirements for approval of a State 

program under section 404 of the Toxic 

Substances Control Act (TSCA) and that 

Mississippi has the le a1 authority and 

ability to implement t e appro riate 

elements to run the program. 'I' 7 le State 

program will administer and enforce 

DAEs: Lead-based paint activities 

program authorization was granted to 

the State of Mississippi effective on 

January 21, 2003. 

FOR FURTHER INFORMATDN CONTACT: Keith Bates, Pesticides and Toxic 

Substances Branch; Air, Pesticides and 

Toxics Management Division; 

Environmental Protection Agency; 

Region IV, Sam Nunn Atlanta Federal 

Center, 61 Forsyth St., SW., Atlanta, GA 

30303; telephone number: (404) 562- 

8992; e-mail address: 

bates.keith8epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General 

A. Does this Action Apply to Me? ' 

This notice is directed to the public 

in general. This notice may, however, be 

of interest to fiis and individuals 

engaged in lead-based paint activities in 

Mississippi. Since other entities may 

also be interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by the 

notice. If you have any questions 

regarding the applicability of this notice 

to a particular entity, consult the person listed under FOR FURTHER INFORMATDM 

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related ' 

In formation? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPPT-20024079. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

EPA Docket Center. Rm. B102-Reading 
application supports this self certification request for program authorization. 
March 4,2010 

Mr. A. Stanley Meiburg, Acting Regional Administrator 

United States Environmental Protection Agency 

Region N . 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

Dear Mr. Meiburg: 

The State of Mississippi has been implementing the Lead-Based Paint Activities Training and 

Certification Program, as it applies to abatements, for a number of years. The State of Mississippi now 

seeks authorization to implement the renovation requirements for this program as well. In accordance 

with Section 404(a) of the Toxic Substances Control Act, an application for authorization of the LeadBased Paint Activities Training and Certification Program for Mississippi is being forwarded with this 

letter. The application will be forwarded directly to the Environmental Protection Agency Region N 

program office for review. The Mississippi Department of Environmental Quality (MDEQ), which serves 

as the staff of the Mississippi Commission on Environmental Quality (Commission), is the state agency 

that will administer and enforce this program. 

In addition, I certify that, in accordance with Section 404(a) of the Toxic Substances Control Act 

and 40 Code of Federal Regulations (CFR) Section 745.324, to the best of my knowledge, the laws and 

regulations of the State of Mississippi provide adequate legal authority to administer and enforce the 

Lead-Based Paint Activities Training and Certification Program. The relevant state statutes may be found 

at Miss. Code Ann. Sections 49-17-501, et seq., and the relevant state regulation is the State of 

Mississippi Regulations for Lead-Based Paint Activities, also known as Commission Regulation APC-S9. A copy of the state statutes and state regulation are enclosed for your reference. Both the statutes and 

the regulation are adopted and effective at this time. 

a1 Assistant Attorney General 

Enclosures copy w/o enc.: Trudy Fisher, DirectorMDEQ 

Geoffrey Morgan, Chief of StafE/MS Attorney General's Office 

MISSISSLPPI DEPARTMENT OF TRANSPORTATION POST OFFICE BOX 1850 ' JACKSON. MISSISSIPPI 39215-1850 

TELEPHONE (601) 359-7m TELEFAX (601) 359-n74 

program must submit a description of the program. The 

description of the State or Tribal program must include: 

a. The Mississippi Department of Environmental Quality is the agency that will be 

responsible for administering and enforcing the program. The name of the official in 

the agency designated as the point of contact with EPA, and addresses and phone 

numbers where the official can be contacted are included in this section. 
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designated as the point of contact with EPA, and addresses and phone numbers where 

the official(s) can be contacted: 

Agency : 

Contact Name: Title: 

Address: Telephone: 

Fax: 

E-mail: 

Agency: Contact Name: Title: 

Address: 

Telephone: 

Fax: 

E-mail: 

Mississippi Department of Environmental Oualitv (Administer) 

Jimmie Asbill 

Chief, Certification Branch, Office of Pollution Control Air Division 

P.O. Box 226 1 

Jackson, MS 39225-226 1 (601) 961-5164 

(60 1 ) 96 1-5742 

Jimmie Asbill@,de~.state.ms.us 

Mississippi Commission on Environmental Quality (Enforcement) 

Jimmie Asbill, 

Chief Certification Branch, Office of Pollution Control Air Division 

P.O. Box 2261 

Jackson, MS 39225-2261 

1601) 961-5164 

(60 1 ) 96 1-5742 

Jimmie Asbill@de~.state.ms.us 
and enforcing the program. 

c. The program will be coordinated by the MDEQ to ensure consistency and effective 

administration of the lead-based paint training accreditation and certification program within the State. 
Primary Agency: Mississipti Department of Environmental Qualitv 

Secondary Agency (or Agencies): Mississippi Commission on Environmental Oualiw 

1I.B. 1 .c. In the event that more than one agency is or will be responsible for 

administering and enforcing the program, please include a description of the 

functions to be performed by each agency: 

State law provides that the Mississippi Department of Environmental Quality (MDEQ) serves 

as the staff for the Commission, providing technical, legal, and administrative support. Miss. 

Code Ann. Section 49-2-7 (Supp. 1997). State law provides that the Commission, a 

seven-member board appointed by the Governor, is authorized to develop, implement, and 

enforce environmental laws, regulations, and policy in Mississippi. Miss Code Ann. Section 

49-2-5 (Rev. 1990) and 49-17-17 (Rev. 1990). 

MDEQ shall administer and implement the Lead-Based Paint Activities and Certification Act. 

The Commission will take necessary enforcement actions and promulgate regulations 

concerning the Lead-Based Paint Activities Act. 

II.B.2.a. Program Elements - Procedures requirements for pre-renovation education (5 

Procedures arzd Requirentents for the 

distributiotr of lead hazard info. to owrters and 

occupants of target housirtg & child-occupied 

facilities prior to renovatiorrs for 

conrpensatiort : 

Clear standards for identifying renovation 

activities that trigger the information 

distribution requirements: 

Procedures for distributing the lead hazard 

information to owners and occupants of 

housing & child-occupied facilities prior to 

renovation activities: 

40 CFR Part 

745 

Subpart E 

reference 

(Federal 

Program) 

Applicant's Citation 

Reference: 

General Scope and 

Applicability; Chapter 

II.L.7.d.; Chapter 

III.F.4.a., b., and c. 

Chapter 1II.F. I. 

Definitions: 7., 12., 30., 

36., 38., 45., 48., 56., 

72. 

Chapter III.F.4.a., b., 

and c. 

Chapter III.F.4.a.(1) and 

(2); F.4.b.(1),(2), (31, 8.5 

(4); F.4.c.(l), (2) & (3); 

F.4.d. 

Itzdicate 

if varies 

from 

Federal 

Progrant 

t**) 

Reason 

given 

for 

variation 
n n 

Require distribution of Renovate Right or an 

approved alternate, meeting TSCA 406(a) 

content requirements, and in a format 

readable by State or Tribes diverse audience 

of housing and child-occupied owners and 

occupants: 

9 745.81@) 

§ 745.326(b)(3) 

Chapter III.F.4.a.(l), 

4% b.( 1 ), b.(2)(1), 

b.(2)(ii), c.(l)(i), 

c.(l)(ii), c.(2).(i), 

c.(2).(i)(i) 

General Scope and 

Applicability, Chapter 

III.F.4.a., b., and c. 
Part 745 subpart E. 
I authorized by EPA under Section 745. Subpart E (4: 

X The State or Tribe has established requirements for II.B.2.a. the 

accreditation of Renovation training programs (proceed to "Procedures 

and Requirements for Accreditation," Item 2.a., page 26) 

X The State or Tribe has established procedures or regulations for 

the acceptance of Renovation training offered by an accredited training 

provider in a State or Tribe authorized by EPA (proceed to "Procedures 

and Requirements for Certification," Item 2.b., page 28). 

Please describe procedures or requirements: 
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II.B.2.b. Program Elements - Procedures requirements for the accreditation of training 

programs 

Procedures and 

Requirernertts for the 

accreditatiorr of 

rerr ovation and dust 

sampling technician 

trairtirtg programs : 

Training curriculum 

and application 

requirements: 

Training hour 

requirements: 

Hands-on training 

requirements: 

40 CFR Part 745 

Subpart E& L 

reference 

(Federal 

Program) 

§ 745.225(b)(c) & (e) 

5 745.225(d)(6) & (7) 

- 

Applicant's 

Citatiotz 

Reference: 

Chapter I.B.C. 

& E. 

Chapter I.D.6. 

& 7. 

Chapter 

I.C.6.f. & g. 

Chapter I.E.2. 

Chapter I.D.6. 

& 7. 

Chapter 

I.C.6.f. & g. 

Indicate 

if varies 

from 

Federal 

Program 

t**) 

Reason given 

for variation 

State requires on-site audit for full approval of 

training course and has no provision for interim 

approval 

State requires submittal of all training provider 

records even if training program uses EPA developed 

model training materials or training materials 

approved by an authorized State or Tribe. Federal 

program does not contain either of these two 

requirements. 
Trainee competency 

and proficiency 

requirements: 

Requirements for 

training program 

quality control: .-- --- 

Procedures for the 

re-accreditation of 

training programs: 

Procedures for the 

oversight of training 

programs: 

Procedures for 

suspension 

revocation, or 

modification of 

training program 

accreditations: 

§ 745.225 (c) & (0 

Chapter I.C.9. 

Chapter I.F. 

Chapter LC. 12 

& F.4. 

Chapter 1.1. 

Chapter 

Chapter 

I.G. 

I.H. 

State program requires a hands-on skill assessment 

when applicable for a course. 

Principal instructors and guest instructors that teach 

hands-on activities and work practice standards must 

successfbIly complete the initial and pre-requisite 

training course requirements of the EPA-accredited or 

EPA-authorized state or Tribal-accredited training 

course to be taught. 

State regulations do not provide that execution of an 

agreed order constitutes evidence of failure to comply 

with relevant statutes or regulations 

State regulations do not include paragraphs (h)(4) thm 

(h)(7) verbatim. However, State laws and 

regulations provide for actions which are as protective 

as federal program. These statues and regulations 

are: 

(h)(4): Miss. Code Ann. 49- 17-529 which 

provides that the Conln~ission may obtain 

mandatory or prohibitory injunctive relief in 

the courts necessary to enforce the Lead-Based 

Paint Activities Accreditation and 

Certification Act, and regulations, orders and 

certifications pursuant thereto. Miss. Code. 

3 0 
event an emergency is found to exist by the 

Commission, it may issue an emergency order 

which shall become operative at the time and 

date specified in the order. 

(h)(5): All associated with a hearing are 

considered public records except those 

required by law to be kept confidential. 

(h)(6): Suspensions, renovations, modification 

or reinstatement of a training program's 

accreditation is of public record. Hearing 

concerning these matters before the 

Commission are open to the public. 

Transcripts of all hearings are available to the 

public. 

(h)(7): The Department maintains a list of 

parties whose accreditation has been 

suspended, revoked, modified, or reinstated. 

Available upon request. 
The State program also has requirements for certified inspectors or certified risk assessors to do 

clearance sampling. Citations to the State certification requirements are included in this section. 

The program's regulations require renovation activities to be conducted by appropriately 

certified individuals and firms using properly trained individuals. 
II.B.2.c. Program Elements - Procedures and requirements for the certification of 

individuals and firms engaged in renovation activities (§ 745.326(d)) 

The State or Tribe must 

have requirements for the certification 

of individuals and firms that ensure: 

Renovators and dust sampling 

technicians are trained by an 

accredited training program: 

Require certification requirement 

process for Firms 

Establish procedures for 

re-certification: 

40 CFR Part 

745 

Subpart E 

reference 

(Federal 

Program) 

Applicant 

Citation 

Reference: 

Chapter 

1I.G. 1 & H. 1. 

Chapter 

II.L.1. thru 

L.3. 

Chapter 

II.L.6. 

Chapter 

1I.P. I. 

Chapter 

II.P.2. 

Chapter 

II.L.5. 

Indicate if 

varies from 

Federal 

Program (**) 

Reason given 

for variation 

1 year certification 

consistent with current 

EPA authorized 

lead-based 

paint program. 

Refresher course 

required every 3 years. 

Consistent with 

current 

EPA authorized 

lead-based paint 

program. 

Annual recertification 

(renewal) required. 

33 
- 

Require the conduct of renovation 

activities in accordance with work 

practice standards established by the 

State or Tribe: 

Establish procedures for the 

suspension, revocation, or 

modification of certifications: 

Responsibilities of renovators, dust 

sampling technicians & firms 

Requirements that all renovation 

activities be conducted by 

appropriately certified individuals 

andlor firms using properly trained 

individuals: 

§745.90(b) & (c) 

5 745.89(d) 

Chapter 

II.L.7. 

Chapter 

III.F.2.a. 

Chapter 

II.G.2. 

Chapter 1I.M. 

thru 0. 

Chapter 

II.G.2. & 

H.2. 

Chapter 

II.L.7. 

Chapter 

III.A.2. and 

F.2.a. 

Consistent with current 

EPA authorized 

lead-based paint 

program 

- 

Commission conducts 

hearing. Results of 

hearing will determine 

recertification 

conditions. 

Individuals other than 

renovation workers 

must also be certified. 

I.B.2.c. Program Elements - Work practice standards for the conduct of renovations 

The State or Tribe's work practice standards for 

conducting renovations nt ust contain the follo wing 

requirements: 

Renovations are conducted only by individuals and/or 

Firms certified by the appropriate State or Tribal 

authority to conduct or supervise renovations: 

Renovations are conducted using lead-safe work 

practices that do not increase the hazards of 

lead-based paint to the occupants of the dwelling or 

child-occupied facility and are at least as protective as 

the requirements in § 745.80(b): 

40 CFR Part 745 

Subpart E reference 

(Federal Program) 

- 

Applicant 

Citation 

Reference: 

- 

Chapter 

II.A.3 & 4. 

and 

Chapter 

1II.A. 1 .& 

2. 

Chapter 

III.F.l and 

F.2. 

Chapter 

III.F.2.a.; 

Chapter 

II.G.2. & 

L.7. 

- 

Chapter 

III.F.2.a. 

Chapter 

1II.F. 1 .a 

Indicate if varies 

front Federal 

Progrant (**) 

Reusott given 

For variation 

Regulations 

exempt 

homeowner 

performing 

renovation in 

own residence if 

not occupied by 

a child with an 

EBLL. 

(F. 1 .a.(3)); also 

36 
Renovations include post-renovation cleaning 

protocols, including cleaning verification protocols, or 

optional dust clearance testing where required by 

contract in conformance with clearance levels 

established or adopted by the State or Tribe as long as 

they are as protective as the standards established 

under TSCA 403: 

The certitied firm retains appropriate records: 

- 

5 745.85(b) (c) & (d) Chapter 

III.F.2.b, c. 

& d. 

Chapter 

III.A.4.; 

Chapter 

III.E.8.; 

Chapter 

III.F.2.b. & 

C. 

Chapter 

III.F.3. 

I state statue 

49- 17-509 (I). 

* * Copy of certified 

renovator's 

certification 

certificate 

required 

(F.3.b.(7)). 
and their expertise; program processes, including the processes of accrediting and 

certifying renovation professionals; capability to conduct inspections and enforcement 

to ensure regulatory compliance with State Renovation Program requirements; and 

possession of materials and equipment necessary to operate and implement a 

Renovation Program. 
In addition, additional program support includes asbestos and regional staff members and the 

MDEQ legal staff. The infrastructure to be in place includes adequate personnel with the 

required expertise to conduct the program: accredit training programs, certify lead-based paint 

professionals, capability to conduct compliance inspections and enforcement to ensure 

regulatory compliance with the State program requirements. Materials and equipment 

necessary to operate the State's lead-based paint renovation program will be maintained. 

The Program Manager, which will be responsible for program oversight, will have several years 

regulatory experience in the areas of environmental programs management, (eleven of which 

have been with the current lead program), regulatory compliance and enforcement, federal grants 

management, establishment of program goals (visions and accomplishments), budgetinglfinance, 

staffing evaluation, ability to work with other departmental heads, etc. Program oversight 

responsibilities will also include State Program coordination with the EPA, ensuring all program 

requirements and commitments are achieved. The Program Manager will also possess strong 

interpersonal skills since the position will involve contact with the regulated community as well 

as the general public. 

The Environmental Administrator, which has been with the current lead program for three (3) 

years, will report to the Program Manager and will coordinate elements of the certification, 

accreditation and compliance/enforcement programs. The administrator which will have 

several years of environmental program regulatory experience will be actively involved with the 

Program Manager in resolution of compliance matters. The administrator will directlmanage 

the staff members including the Special Projects Officer and Environmental Scientist. The 

administrator will also coordinate assistance provided by the asbestos staff and regional staff 

members (which will assist with the compliance/enforcement program when needed). The 

administrator position requires good managerial skills since the individual will be managing 

several staff members directly involved in program activities. The administrator must be able 

to communicate effectively not only with staff but with the regulated community involving 

regulatory compliance assistance and program outreach activities. The administrator must have 

the ability to interpret and apply regulations governing the program. 

The Special Projects Officer, which has eleven years experience with the current lead program, 

will be responsible for the accreditation of training programs, including performing compliance 

audits. The Special Projects Officer will also process project notifications, maintain the 

lead-based paint project data base programs, and the training provider data base program. The 

Special Projects Officer will be cross-trained to assist with the compliance enforcement program 
The Environmental Scientist, which will be in place, will be involved primarily in 

compliance/enforcement inspection activities. Even though the primary responsibility of the 

position will be to ensure compliance by the regulated community with work practice standards, 

the Scientist will be able to assist with training course audits. The Environmental Scientist is to 

have several years regulatory experience with a major portion of the experience related to 

compliance assurance activities. The Scientist position requires the individual to have an 

analytical mind since the position involves compliance inspections/investigations. The 

individual must be able to gather facts and evidence required during an investigation and assist 

in violation resolutions. Must be able to understand and apply regulatory requirements on 

enforcement matters and must possess good interpersonal skills. Additional Environmental 

Scientists will be added to the staff as needed. 

All staff members including the asbestos staff members (3) and regional office staff members (3) 

available to the program will be properly trained including required lead-based paint training 

courses, in-house training regarding compliance and inspection case development procedures, 

and on-the-job training with experienced qualified staff. 

The MDEQ Legal Division is staffed with five lawyers. Four lawyers are responsible for 

handling general enforcement matters including the lead-based paint activities program. The 

Legal Division works closely with all Departments on regulatory matters including but not 

limited to, regulatory (and Law) clarification issues and violation/penalty issues. 

The State lead-based paint program regulations provide for the certification of firms and 

individuals involved in lead-based paint activities. Certification disciplines associated with the 

state program include firms, renovators and dust sampling technicians, inspector, risk assessor, 

supervisor, project designer, and abatement worker. The regulations include a compliance and 

enforcement program to ensure the accreditation and certification programs are in compliance 

with program requirements. The processes of accrediting training programs and certifying 

lead-based paint professionals are modeled after and consistent with the federal program. 

The licensing database system will include all required applicant information. The database system will be utilized in the issuance of certificates to ensure only properly trained and 

qualified individuals are certified. The database will enable the printing of picture 

identification cards of certified individuals. The database will provide information needed in 

the compliancelenforcement program regarding certification of firms and individuals. 
State law and regulations provide for the collection of fees to fund the State program. The law 

and regulations also provide for the State to apply for and accept federal grant funds. The fees to be collected are for accreditation of training providers, certification of firms and individuals 

and project notifications. Both sources of hnds will be necessary for the implementation and 

operation of the Renovation, Repair and Painting program and the Pre-Renovation Education 

program. 

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work practice standards for conducting lead-based paint renovation activities and distribution of 

renovation education material prior to renovations. Regulations setting out the procedures and 

requirements for the accreditation of lead-based paint activities training programs, the 

certification of individuals and firms engaged in lead-based paint activities, required distribution 

of pre-renovation education material, and work practice standards to be followed in performing 

lead-based paint activities were adopted by the Mississippi Commission on Environmental 

Quality December 10, 2009. Requirements under the regulations will be applicable beginning 

on the effective date of the regulations. Authority to administer and enforce a State program as 

protective as the federal lead-based paint program, was provided for in the amended 

"Lead-Based Paint Activity Accreditation and Certification Act", which was passed by the 

Mississippi Legislature during its 2009 regular session, in Mississippi Code Annotated Section 

49- 17-50 1 through 53 1. A public hearing was held November 18,2009, to inform the public of the Mississippi 

Department of Environmental Quality's intent to pursue State program authorization from the 

EPA to administer and enforce a lead-based paint activities Renovation Repair and Painting 

program and Pre-Renovation Education Program designed to be as protective as requirements 

under federal law and regulations. 

The regulations mentioned above also provide for the collection of fees, acceptance of federal 

grants, and reciprocity agreements with other EPA-authorized State programs that have 

requirements consistent with the accreditation and certification requirements of Mississippi's 

program. 

Mississippi's lead-based paint program incorporates the requirements of the federal program and 

includes several additional requirements not included in the federal program. Therefore, 

Mississippi's lead-based paint program is as protective as the federal program. An explanation 

of the additional requirements of the State program are noted in Section II.B.2.b. 
To demonstrate that the State or Tribal program provides adequate 

enforcement, the State or Tribal application must include a description of the State or Tribal renovation compliance and enforcement program 

that contains all of the elements specified at 40 CFR 3 745.327. This 

description shall include copies of all statutes, regulations, policies, 

certifications, plans, reports, and other materials that demonstrate that 

the State or Tribal program contains all of the elements specified at fj 

745.327. 

As noted on the next page, the State of Mississippi is applying for final approval of the 

compliance and enforcement program portion of its Renovation Program. 
Applying for Interim Approval 

(proceed to page 46) 

X Applying for Final Approval 

(proceed to page 62) 

demonstrates it has the authority to enter, through consent, warrant, or other authority, 

premises or facilities where lead-based paint activities violations may occur for purposes 

of conducting inspections. 

provides for a diverse and flexible array of enforcement remedies. At a minimum, the 

remedies that must be reflected in an enforcement response policy must include warning 

letters, notices of noncompliance, notices of violation, or the equivalent; administrative 

or civil actions, including penalty authority; authority to apply criminal sanctions or other 

criminal authority. 
II.B.4.b Final Approval - Standards, Regulations, and Authority (§745.327(b)(2) and (3)) 

Authority to ettler I Applicant Citatiorz Reference: I Analysis I I 

State or Tribal officiials must be able to enter premises or facilities where 1 Chapter I.C. 12. I 

those engaged in training for renovations and those engaged in 

conducting renovations conduct business, as well as premises or 

facilities where renovation violations may occur 

Chapter I.F.4. 

Chapter 1V.A. 

Lead-Based Paint Activity 

Accreditation and 

Certification Act 49- l7-527(b) 

& (4 

* 

State or Tribal officials must have authority to take samples and review 

records as part of the renovations inspection process. 

Flexible remedies 

Warning letters, Notices of Noncompliance, Notices of Violation, or the 

equivalent: 

Comment 

Chapter 1V.A. 

Lead-Based Paint Activity 

Accreditation and Certification 

Act 49-17-527(b) & (c) 

Administrative or civil actions, including penalty authority (e.g., 

accreditation or certification suspension, revocation, or modification); 

and 

* 

Applicant Citation Refereme: 

Chapter W.B. 

Lead-Based Paint Activity 

Accreditation and 

Certification Act 49- 17-529(1) 

* 

I 

Chapter I.G., Chapter 1I.M. & 

N., Chapter 1V.B. 

Lead-Based Paint Activity 

Accreditation and 

* 
Authority to apply criminal sanctions or other criminal authority using 

existing State or Tribal laws, as applicable. 

Certification Act 

49-17-507(a)(b)(c) & (f); 

49- 17-529 

(1)(2)(3) & (4) 

Chapter 1V.B. 

Lead-Based Paint Activity 

Accreditation and 

Certification Act 49- l7-529(3) 

& (4) 

Attachment: The State or Tribe should attach all policies and/or procedures that as such represent the State or Tribe's 

enforcement response policy. Such policies should establish a prioritization scheme for determining severity of violations and 

procedures for determining the response actions to such violations. 

* Consistent with federal regulation requirements. 
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application, has: 

included a statement of resources which identifies what resources the State 

intends to devote to the administration of its renovation compliance and 

enforcement program. This statement addresses fiscal and personnel resources 

that will be devoted to the program. 
the resource needs will change with time as the program matures and expands with the possible 

passage of additional regulations by the EPA; therefore, the needs will be reviewed and 

evaluated on a regular basis to ensure an effective compliance and enforcement program is 

maintained. An effective compliance and enforcement program is required under the State law. 

Fiscal program needs will be supported with available federal grants and fees from accreditation 

of training providers, certification of individuals and firms and from lead-based paint renovation 

projects performed in the State. The State law provides for the collection of fees to support the 

State program. The resource needs for conducting the compliance and enforcement program 

will be considered in establishing and maintaining the fee structure. State funds is a possible 

option in the future if necessary to meet program funding needs. 

Personnel required to carry out an effective compliance and enforcement program will be 

devoted to the State lead-based paint Renovation, Repair and Painting Program and the 

Pre-Renovation Education Program. Currently, the staff consists of four individuals. Plans 

are to hire additional enforcement staff members to meet program requirements in the future. 

Also, selected staff members performing compliance activities in the asbestos section and in the 

three regional offices across the State will be trained to assist in the compliance and enforcement 

program as needed. 

All staff members involved in the compliance and enforcement program will be properly trained 

to perform their responsibilities. In addition to academic training, staff will be trained in 

evidence gathering, case development, case settlements, regulatory authority, etc. In addition 

to the necessary training, the staff will be provided the equipment and materials needed to 

operate the compliance and enforcement program. The compliance and enforcement program 

will be properly supervised and monitored to insure the program is run properly and maintains 

its effectiveness. 
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enforcement personnel and inspectors are well trained. Enforcement personnel will be trained to 

understand case development procedures and the maintenance of proper case files. Inspectors 

will have to successfully demonstrate knowledge of renovation work practice requirements and 

the requirements of the particular discipline (e.g., Renovator, Dust Sampling Technician or 

Workers receiving on the job training from Renovators) for which they have compliance 

monitoring and enforcement responsibilities. Inspectors will also be trained in violation 

discovery, methods of obtaining consent, evidence gathering, preservation of evidence and 

chain-of-custody, and sampling procedures. The State renovation compliance and enforcement 

program will implement a process for the continuing education of enforcement and inspection personnel. 
Academic/Regulatory Training - Compliance enforcement and inspection staff members will 

complete required lead-based paint training courses. Compliance inspectors performing project 

inspections will be required to complete the inspector, risk assessor, renovator, and dust 

sampling technician training courses. Staff members performing training course audits will 

complete the training courses on which they will be performing course audits. All compliance 

enforcement and inspection staff members will be required to be thoroughly knowledgeable of 

the State lead-based paint regulations. Refresher training will be taken by staff members to 

insure they remain properly trained. Continuing education will be required as new information 

develops. 

Case Development - Compliance and enforcement program staff members will be trained in case 

development procedures. The Department operates other compliance and enforcement 

programs (such as AHERA, and the NESHAP) that involve case development methods that can 

be tailored to the State lead-based paint program. Staff members already involved with the 

current lead program have experience in other programs including case development procedures; 

therefore, in-house training will be utilized in training new staff members. The Legal Division 

will provide in-house training to address such areas as evidence gathering, method of obtaining 

consent, preservation of evidence, chain of custody, sampling, case development, case settlement, 

and regulatory authority. 

Maintenance of Proper Case Files - Staff members will be trained in proper maintenance of case 

files. Other programs operated by the Department involve proper maintenance of case files; 

therefore, these procedures, which have proven to be effective, have been adopted and utilized 

by the lead program. Files will be maintained on all segments of the lead-based paint program 

including training providers, firms, other persons, projects, etc. 

Methods of Obtaining Consent - Compliance and enforcement staff members will be trained in 

methods of obtaining consent. Staff will be trained to present credentials and statutory 

authority to conduct inspections and gather samples. Staff will also be trained to contact the 

Legal Division if necessary to obtain access. 

Violation Discovery, Evidence Gathering, and Sampling Procedures - These components of a 

compliance and enforcement program are interconnected. The primary focus of an inspection 

is to determine if a violation has occurred and, if so, to gather evidence (photos, evidence 

sampling, site interviews, checking required credentials, checking records available such as 
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Site Owner or Operator: 

Address : 

Contact: Phone No. Abatement Contractor: Address: 

Contact: Phone No. 

Other Contractor: 

Address : 

Contact: Phone No. 

Person(s) Contacted and Affiliation: 

Type Inspection: ( ) Unannounced ( ) Announced 

( ) Pre-Abatement ( ) During Abatement ( ) Post Abatement 

Purpose of Inspection: ( ) Compliance Verification ( ) Follow-up 

( ) Complaint Investigation ( ) Surveillance 

List and describe any apparent problem conditions (evidence of problein conditions or 

suspected violations should be supported by photographs and samples): 
MISSISSIPPI OFFICE OF POLLUTION CONTROL 

SAMPLE LABEL 

Sample No. : Date - I1 - - 

Taken By: 

Signature: 

Seal Broken By: Date --- I1 

Sample No. : 

(Place this label first) 
CITY STATE [ )GRAB, SOIL ( ) GRAB, WIPES ( ) OTHER, SPECIFY COLLECTED BY: I DATE: I TIME: 

I I 

RELINQUISHED BY: DATE: TIME: 

I I 

RECEIVED BY: I DATJ3: 1 TIME: RECORDED BY: r~~ RESULTS SENT: 

SAMPLE ID RESULT ANALYST DATE 
wls~~PtJl DEPARTMENT 

OF ENVIRONMENTAL QUALITY CHAIN OF CUSTOL r ncbunu 

PROJECT NAME 

LOCATION 

SAMPLE NPES 1.SUFYXWlTUI ClKllAEDYerr 

SAMPLERS (SIGN) 

2.onwvDWATER 7-4,- 

D. 

It OTWER 

E C. 

y 19- 

SITENO. 4 DATE TIME :TATON LOCATMESCRIPTION 

SHIPPED TO: 

DATA TO: 

LAB 

USE 

ONLY 
provide compliance assistance to the public and the regulated community to facilitate awareness 

and understanding of and compliance with State requirements governing the conduct of 

renovations. 
of and compliance with State requirements governing the conduct of lead

based paint renovation 

activities. Present outreach activities consist of educating the public and regulated community 

of the hazards and health effects of exposure to lead-based paint, lead-based paint dust, and 

lead-contaminated soil. Presentations have been made to real estate organizations, universities, 

schools, public school designees, property owner associations, day care centers, head starts and 

fairs. Staff continually responds to requests for information by the general public. Outreach 

activities will be expanded to the regulated community so that those regulated will be aware of and understand the requirements governing the conduct of lead-based paint renovation activities 

in order to be in compliance with the requirements. This assistance will be in the form of 

presentations/correspondences to general contractors organizations, painting contractor 

organizations, day-care center associations, lending organizations, insurance organizations, 

public and private school education departments responsible for the operation of kindergartens, 

the Department of Economic and Community Development involved with public housing 

projects, HUD, non-profit organizations such as Habitat for Humanity, lead-based paint courses 

taught within the State, and city permit departments. Pamphlets will be developed for 

distribution at public gatherings such as the State Fair and homebuilders meetings to inform the 

regulated community of the compliance requirements. Copies of the lead-based paint 

regulations will be provided to individuals making inquiries into the State program. The 

outreach program will be evaluated on an ongoing basis to insure an effective outreach program 

is maintained. Compliance awareness is an important goal of the State program. 
Contact Name 

Title Representing Mailing Address Telephone Contact Information: 

Regulations for Lead-Based Paint Activities State of Mississippi DemolitionlRenovation Notification Form 

List of Certified Lead-Based Paint Personnel List of Certified Lead-Based Paint Finns 

Applications for Certification of Firms 

Certification of Inspector ; Risk Assessor ; Project Designer 9 Supervisor ; Worker 

Training Course Approval 

Other 

Comments: 
Common Questions 

On the 

Lead Based Paint Renovation, Repair, and Painting 

Regulations 
housing and chld-occupied facilities and work practice standards for performing such 

activities. These regulations do not require the performance of lead-based paint 

renovation activities, but establish requirements and procedures to be followed when 

renovation activities are performed, These regulations also require that owners and 

occupants of target housing and child-occupied facilities receive information on leadbased paint hazards before renovations begin. The pamphlet, Renovate Right: Important 

Lead Hazard Information for Families, Child Care Providers, and Schools, must be 

distributed. 

Are there any exemptions in the regztlutions "? 

Yes. These regulations are applicable to all persons engaged in lead-based paint activities in 

target housing and child-occupied facilities, however, persons who perform lead-based paint 

activities within residential dwellings that they own are exempt from the regulations unless the 

residential dwelling is occupied by a person or persons other than the owner or owner's 

immediate family while these activities are being performed, or a child residing in the building 

has been identified as having an elevated blood lead level as determined by the United States 

Department of Health and Human Services; Centers for Disease Control and Prevention. 

Also exempt from the required work practice standards of the regulations are renovations 

performed in target housing if the firm performing the renovation has obtained a statement signed 

by the owner that the renovation will occur in the owner's residence, no child under age 6 resides 

there, no pregnant woman resides there, the housing is not a child-occupied facility, and the 

owner acknowledges that the renovation firm will not be required to use the work practices 

applicable to renovation activities. The EPA is considering deleting this exemption sometime in 

the future. 

What is meant by "turget hortsing"? 

"Target housing" as the term applies to renovation activities means any housing constructed prior 

to 1978, except housing for the elderly or persons with disabilities (unless any one or more 

children under age 6 years resides or is expected- to reside in such housing for the elderly or 

persons with disabilities) or any 0-bedroom dwelling. 

"Cltild-occupied facility", as this term applies to renovation, means a building or portion of a 

building constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at 

least two different days within any week (Sunday through Saturday period), provided that each 

day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the 

combined annual visits last at least 60 hours. Child-occupied facility may be located in target 

housing or in public or commercial buildings. With respect to common areas in public or 

cum~nercial buildings that contain child-occupied facilities, the child occupied facility 
y 

"Renovation" means the modification of any existing structure, or portion thereof, that 

results in the disturbance of painted surfaces, unless that activity is performed as part 

of an abatement. The term "renovation" includes (but is not limited to): The removal, 

modification, or repair of painted surfaces or painted components (e.g., modification 

of painted doors, surface restoration, window repair, surface preparation activity (such 

as sanding, scraping, or other activities that may generate paint dust)); the removal of 

building components (e.g., walls, ceilings, plumbing, windows): weatherization 

projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain 

access to attics, planning thresholds to install weather-stripping), and interim controls 

that disturb painted surfaces. A renovation performed for the purpose of converting a 

building, or part of a building, into target housing or a child-occupied facility is a renovation. The term renovation does not include minor repair and maintenance 

activities. 

What is meant by "renovator"? 

"Renovator" means an individual who either performs or direct or supervises workers 

who perform renovations. A "certified renovator" is a renovator who has successfully 

completed a renovator course accredited by EPA or an EPA-authorized State or Tribal 

program, and has been certified to perform renovations in the state of Mississippi. 

What is meant by "chtst scimpling technician"? 

"Dust sampling technician" means an individual employed to perform dust clearance 

sampling. 

Docs N person hcwe to be certijied in order to work cis u worker on a renovation 

project .? 

No. A worker working on a lead-based paint renovation project is trained on site by a 

certified renovator to perform the required lead-based paint renovation tasks. Only on 

site training by the certified renovator is required. However, an individual must 

successfully complete the two day accredited lead-based paint worker training course 

and be certitied as a worker in order to work on a lead-based paint abatement project. 
What Lrre the cert~ficalion reytriremrnts in orcier,for tr person to he certjfjed to 

perform led-bclsedpaint trctivities? 

Certification requirements vary depending on the certification being applied for. Each 

certification discipline requires successful completion of the required training course(s) 

specific to the discipline. Chapter I1 of the regulations contains the requirements for the 

different certification disciplines. 

What must an individzd do to muintuin their lead-busedpaint certrficntion in order to 

perform lead-based paint renovation nclivities? 

In order to maintain certitication an individual must: 

1) Successfully complete refresher training in each discipline every three (3) years 

following successful completion of the initial training course. If an individual does not 

successfully complete the required refresher training course every three (3) years, the 

individual must fully retake the initial training course in order to be re-certified. 

2) Renew certificate(s) annually during the period of required training. 

3) Certified individual must apply to and be re-certified by the Commission in the discipline 

every three (3) years. 

hhst the Department oj.Environmenta1 Quality be notijied uf any lead-baseti print 

renovcition activity in target housing or child-occt~pied,fucifi~? 

Yes. The Department shall be notified in writing on a form provided by the Department 

of any lead-based paint renovation activity in target housing or child-occupied facility no 

less than six (6) working days prior to commencement of the activity. It is the 

responsibility of the certified firm's owner or an authorized agent of the tirm to notify the 

Department. The notification must be hand delivered, express mailed, or postmarked at 

least six (6) working days (not calendar days) before the start of lead-based paint 

renovation. In the event the renovation activity is required due to an unexpected or 

unplanned lead-based paint incident, notification shall be made as soon as practicable, but 

not later than the following work day after the occurrence of the incident. 
Prior to any renovation the pamphlet "Renovate Right: Important Lead Hazard Information for 

Families, Child Care Providers and Schools" must be given to an adult occupant of any dwelling 

or unit undergoing a renovation. 

When will the.fideral (EPd4) regulations become &ective? 

All requirements of the federal regulation will become applicable April 22, 2010. 

FVhen will the State Renovation, Reprzir trnd Painting regz~lntions become eflective:? 

After a public hearing has been held and Commission on Environmental Quality approval of the 

regulations has been received. Hopefully the regulations will become effective latter 2009 or 

early 20 10. 

States can be delegated the federal Renov~~tion, Repair, cmd Painting proprn. Will Mississippi seek ileleption? 

Yes. Plans are to submit the delegation application in latter 2009 or early 2010. 

Ifa state does ?lot receive federal progrcrrn ilelegcrtion, what will happen? The EPA will implement a federal Renovation, Repair and Painting program in the State. 

How tun a person obtain additional informution concerning the Stare's lead-bawd paint 

program? 

For copies of the regulations or other information, please contact the Department's Lead Section 

at (60 1 ) 96 1-5 17 1 or toll free at 1-877-67 1-7 139 
State is technologically capable of conducting a renovation compliance and enforcement 

program. The State program will have access to the facilities and equipment necessary to 

perform sampling and laboratory analysis as needed. The laboratory facility used by the program 

will be a recognized laboratory as defined at 9745.223. 
For example, the program already has two (2) NITON XRF instruments. The inspectors will be 

equipped with the proper inspection equipment needed for performing compliance inspections. 

Equipment available to the inspectors in addition to the two XRF analyzers will include 35 mm 

cameras, measuring tape, coring probe, cleaning supplies, disposable towelettes, disposable shoe covers, masking tape, sample containers, paint scraper, gloves, video camera and hand held tape 

recorders. Forms to be used in the inspection program such as inspection report forms, and 

chain of custody forms are included in Section II.B.4.b. Sampling will be performed according 

to regulation guidelines. Sampling will always be performed in a manner to ensure the number 

and location of samples taken are sufficient to perform a proper inspection and to ensure proper documentation of the inspection performed is recorded. 

It will be necessary to have reliable laboratory analyses of samples taken during compliance 

inspections. Therefore, samples taken will be analyzed by a laboratory recognized by EPA 

under TSCA section 405(b). 

All inspectors will be properly trained and qualified to operate all equipment used in the 

compliance and enforcement program activities. Training will include attendance at lead-based 

training courses such as the inspector, risk assessor, renovator and dust sampling technician 

courses. Additionally the inspectors will attend inspector courses organized by the EPA, and 

other in house training associated with the inspection program such as discovery, evidence 

gathering, etc. Some of the staff members presently associated with the current lead-based 

paint program have sampling technique experience. 
MISSISSIPPI OFFICE OF POLLUTION CONTROL 

SAMPLE LABEL 

Sample No.: Date --- / I Taken By: 

Signature: 

Seal Broken By: Date --- I I 

Sample No. : 

(Place this label first) 
ADDRESS: 

CITY STATE 

COLLECTED BY: ( DATE: I 7mE: i RELINQUISHED BY: I DATE: 'lmCE: 

RESULT 

RECEIVED BY: RECORDED BY: 

ANALYST DATE 

DATE: TIME: 

DATE RESULTS SENT: 
POLLUTt 

MlSSSSlPpl DEPARTMENT CHAIN OF CUSTODY RECORD LABORATORY 

OF ENVIRONMENTAL QUAUTY 121 Fairmont Plaza - ., s . ----- 

PROJECT NAME SHIPPED TO: 1 

LOCATION I 

LAB 

USE 

ONLY 
(2) Sample containerized, numbered and sealed with chain of custody label. (3) Complete Mississippi Office of Pollution Control Lead Assessment Sample 

Request Form for each labeled sample. 

(4) Sample sent to accredited laboratory for analysis. 

(5) Results of laboratory sample analysis returned to inspector. (6) Sample identification information and results of laboratory analysis for each 

sample is filed in appropriate file (complaint, project compliance inspection, etc.) 
ability to process and react to tips and complaints or other information indicating a violation. 

This section also includes information such as tracking mechanisms, prioritization schemes, and 

time frames within which the State anticipates responding to tips and complaints. 
Mississippi Department of Environmental Quality. Each tip or complaint is written on a 

complaint form (copy attached) when received. A complaint inspection is scheduled as soon as 

possible after receipt of a tip or complaint. The goal is to respond to a tip or complaint within 

1-2 working days after being received by the Department. An effort will be made to respond 

within 1 working day of receiving the tip or complaint. The complaint and inspection results 

will be reported in the tracking system of the lead-based paint program's computer database 

system. This will ensure that all tips and complaints are properly inspected and concluded. A 

file on tips and complaints will also be maintained in the program files. 
Date: 

Time: 

O Air O Surface Water D Groundwater LI Hazardous Waste 

Person Reporting: D Mr. C1 Ms. 

Address: 

City County Street or P.O. Box City Zip Phone 

Complaint Site: 

Text of Complaint: 

Complaint Taken By: 

Referred To: D North Regional Office 

D Central Regional Office 

D Other 

D South Regional Office 

Referred By: D Phone 5 Mail D Fax D Other 

Routed to R.O. By: Date: 

Additional Instructions: 

Complaint Resolution: 

Resolution Date: 
demonstrates the ability of the program to target inspections to ensure compliance with the 

Renovation Program requirements. 
inspection goal would be to inspect all training courses taught within the geographic boundaries 

of the State and to inspect all renovation activities performed within the State. Staff and 

funding limitations will make it impossible to be able to always reach this ideal goal; however, 

an inspection scheme will be developed to insure an effective compliance program. The State 

program requires notification prior to commencement of renovation activities and all training 

classes offered by training programs. These notifications will be utilized to randomly inspect 

renovation activities and training programs. Experience with other compliance programs (such 

as the asbestos NESHAP and AHERA programs) has demonstrated that a proper inspection 

scheme will result in an effective compliance program. Following are the inspection schemes 

for inspecting training activities and renovation activities. 

train in^ Activities 

With regard to training activities, the highest priority will be to inspecdaudit all training courses 

(initial and refresher) seeking State accreditation approval. The State regulations require an 

on-site audit before a course can become accredited; therefore, all initial courses will be 

inspectedaudited. 

The next highest priority will be to respond to tips and complaints received concerning a training 

provider. 

Another high priority inspection goal will be the inspection of all training providers that have been cited for a violation(s) in the past by the State program or other State programs. 

Routine unannounced inspections will be performed on a periodic basis during the four (4) year 

reaccreditation period. The State lead-based paint regulations require training providers to 

inform the lead program before teaching a course; therefore, it will be easy to schedule routine 

inspections. 

Renovation Activities 

The State lead-based paint regulation requires the submittal of a project notification before the 

commencement of any renovation project; therefore, the lead program will be aware of 

renovation activities being performed within the State. This information will be utilized in 

applying the inspection scheme to the compliance program. 

The highest priority will be to respond to tips and complaints concerning renovation projects. 

The next priority will be to inspect renovation projects being performed in day care centers due 
the project, potentially putting them at a higher risk than in privately owned residential units. 

The next priority would be to inspect those projects being performed by contractors that have a 

history of prior violations within the State or that have had prior violations in other states. 

The next priority will be projects being performed by contractors that have not previously 

performed their first renovation project within the State. 

The next priority would be selected projects in various geographic locations throughout the State. 

Even though violation discovery would not necessarily be expected, the inspections would 

make the regulated community aware that the State lead-based paint program has an active 

compliance program that covers the entire State. These routine inspections would also serve as an outreachleducational opportunity to the regulated community. The goal of the State program is to respond to all tips and complaints within 24-48 hours of 

receipt. Pre-Renovation Education Program 

Each visit at a renovation project site will include a check to determine if the pre-renovation 

education program requirements were met. Also, the pre-renovation education program 

requirements will be discussed at all outreach activities and all training program audits. 
other information generated through enforcement-related activities associated with the 

Renovation Program. The State program is in a position to ensure correction of violations and, as 

appropriate, effectively develop and issue enforcement remedieshesponses to follow up on the 

identification of violations. The State has procedures in place to be used to follow up on 

inspections, including case development, consent agreement and consent orders, follow up 

inspections, case closeout, and time frames within which the State aims to achieve report follow 

up, and resolution of non-compliance. 
standard violation having minimal effect on the health of individuals or the environment), to the 

assessment of the maximum penalty provided by law for a major violation. A major violation 

is one that poses a significant immediate threat to the health of individuals and the environment. 

A major violation could involve the issuance of a cease and desist order if necessary andor 

mandatory or prohibitionary injunctive relief. In the event criminal activities are suspected, the 

MDEQ will forward the matter to the appropriate authorities. (Commission may also assess a 

civil penalty and shall impose a reprimand or a suspension or revocation of any certificate). Major violations will have a highest priority in the prioritization scheme. 

In addition to considering public health and environmental impacts caused by a violation, 

MDEQ will consider the magnitude of the violation, the type and size of facility, whether facility 

has a poor compliance history, the willfidness of the violation, cost of restoration or renovation, 

economical benefit of noncompliance, seriousness of the violation, including harm to the 

environment and any hazard to the health, safety and welfare of the public. Any monetary 

penalty will consider punitive aspects, economic benefit aspects and environmental damage. 

In addition to monetary penalties, the violation resolution could involve the suspension, 

revocation and/or modification of certification of firms and individuals engaged in lead-based 

paint activities andor suspension, revocation and modification of accredited training programs. 

As noted previously, the Commission has the authority to issue emergency orders and cease and 

desist orders in appropriate cases. The Commission may also issue orders with appropriate and 

prohibitive or mandatory injunctive relief. 

The lead-based paint program's penalty policy will be used in implementing the State's penalty 

policy program.. ...( copy attached). 

The Commission is empowered to levy penalties of up to $25,000 per violation. 
I MINOR NOTABLE MAJOR 

Small 

Medium 

Large 

The steps available in processing a violation are shown on the next page. 
t Major - Notable - Minor + 

I 

Sent Setting Up 

Meeting to Discuss 

Violation 

Violation 

Inspection 

Recorded in 

Warning Letter 

Sent with Copy 

of Applicable 

Regulations 

Inspection Recorded in 

Project Tracking Data Base 

and Sent to File 

Agreed Order Could Not Agree on 

- 

Settlement - 

Monetary (if Commission Hearing 

applicable) 

Compliance Schedule or 

Alternative 

Settlement 

Project Tracking 

Data Base and Sent 

to File 

CzI Follow-up 

Commission Hearing I.,./ 

I 

I 

Commission Order* 

Case Development 

Activities 

*Agreed Order or Commission Order will set out penalty, if applicable, (monetary and compliance schedule 

or alternative settlement) and time Game in which violation must be corrected. 

Letter of Compliance Sent 

Follow-up inspection(s) will be performed by the lead program to insure violations have been corrected. If a 

follow-up inspection determines a violation has been corrected, a letter of compliance will be sent. If it is 

determined that a violation has not been corrected as required by the order issued, the matter will be 

discussed with the Legal Department. 
Certification laws and regulations. State law provides that the Commission has the power 

to enforce and assess penalties for violations of the Lead-Based Paint Activity 

Accreditation and Certification Act (Act), of any rule or regulation or written order of the 

Commission issued under the Act or any certificate or accreditation issued under the Act, 

Mississippi Code Annotated Section 49- 17-50 1 through 49-1 7-53 1. In determining the 

amount of penalty, the following shall be considered at a minimum. 

1. The willfulness of the violation. 

2. The seriousness of the violation, including any harm to the environment and 

any hazard to the health, safety, and welfare of the public. 

3. History of noncompliance. 

4. Economic benefit as a result of noncompliance. 

5. Duration of violation. 

6. Knowledge/understanding of regulatory requirement. 

7. Substantive compliance with other applicable lead-based paint regulations. 

8. Cooperation of violator. 

Penalty Assessment Applicabilitv 

Training providers, firms, and persons performing as project designers, inspectors, dust 

sampling technicians, and risk assessors will be assessed penalties applicable to 

violations of the firm's supervisors, renovators, and workers. 

Calculating Penalties 

The Penalty Matrices (attachments 1, 2 and 3), have been established for assessing 

penalties to training providers, firms, and persons that violate the Lead-Based Paint 

Activity Accreditation and Certification Act, Mississippi Code Annotated Section 49- 17- 

50 1 thru Section 49- 17-53 1, and the Regulations for Lead-Based Paint Activities. A 

monetary penalty, if assessed, will be based on the Penalty Matrices. The monetary 

penalties of the Penalty Matrices may be increased or decreased taking into 

considerations items 1-8 above. If a violation is determined to be willful in nature, the 

staff would seek a penalty greater than the penalties of the Penalty Matrices, up to a 

statutory maximum of $25,000. For purpose of this guidance, a violation will be deemed 

to have occurred when the responsible training provider, firm, or person has been notified 

in writing. When a monetary penalty is not determined necessary to resolve a violation, a 

letter of noncompliance will be sent to the violator. This resolution will normally be 

applicable to first time offenders. In addition to or in lieu of a monetary penalty, 
wherein a firm or person may agree to pay a smaller monetary penalty. Such agreements 

and penalties may be negotiable. A portion of the penalty may be held in abeyance 

pending compliance under an established schedule. 
Certifiaction 

Non ceafled firm or persor 

performmg or offering to 

perform as a project 

designer, inspector, risk 

assessor, dust sampling 

technician, renovator, 

superlvsor or worker 

Improper Lead-Based 

Paint Activity 

Ch~ld-Occup~ed Facility tha 

is vacant durrng 

occurrence of violation 

Chrld-Occupied Facilrty tha 

is occupied during 

occurrence of violation 

Target Housmg vacant 

during occurrence of 

v~dation 

Target Housing occupied 

during occurrence of 

v~olation 

WORK PRACTICE STANDARDS VIOLATION 

PENALTY ASSESSMENT GUIDANCE 

Each Additional Each Additional Each Additional 

st Violation Day of Violation 2nd Violation Day of Violation Subse~uent Day of Violation 
ACCREDITATION VlOLATlONS 

PENALTY ASSESSMENT GUIDANCE 

Accreditation Violation 

Approved Training 

Manager andlor Pr~ncipal 

instructors 

Teaching Standards 

Development & 

Implementation of Quality 

Control Measures 

Record Keeping 

No Accreditation (course) 

Issues Certificate to 

Person not Entrtled 

Each Additional Each Additional Each Additional 

1st Violation Day of Violation 2nd Violation Day of Violation Subsequent Day of Violation 

$2,500 $500 $5,000 $1,000 $1 0.000 $2,500 

$2,500 $500 $5,000 $1,000 $lO,OOO $lO,ooO 

$5,000 $2,500 $7,500 $5,000 $10,000 $lO,OOO 

$5,000 $2,500 $7,500 $5,000 $10,000 $1 5,000 

ATTACHMENT 2. 
NOTIFICATION VIOLATIONS 

PENALTY ASSESSMENT GUIDANCE 

No Notice 

No Notice but Probable Substantive 

Compliance 

Location and/or dates Incomplete 

Description lncomplete 

Start Date or Completion Date 

Incomplete 

Failure to Update (revise) Notice 

Originiai Notice Submitted Late 

Other incomplete Information 

1st Violation 2nd Violation Subseauent 

$5,000 $10,000 $1 5,000 
training program, training manager, or other person with supervisory authority over the 

training program has: 

Misrepresented the contents of a training course to the Commission and/or the 

student population. 

Failed to submit required information or notifications in a timely manner. 

Failed to maintain required records. 

Falsified accreditation records, instructor qualifications, or other accreditation-related information or documentation. 

Failed to comply with the training standards and requirements in this chapter. 

Failed to comply with Federal, State, or local lead-based paint statutes or 

regulations. 

Made false or misleading statements to the Commission in its application for 

accreditation or re-accreditation which the Commission relied upon in 

approving the application. 
a. Obtained training documentation through fraudulent means. 

b. Gained admission to and completed an accredited training program through 

misrepresentation of admission requirements. 

c. Obtained certification through misrepresentation of certification requirements 

or related documents dealing with education, training, professional 

registration, or experience. 

d. Performed work requiring certification at a job site without having proof of 

certification. 

e. Permitted the duplication or use of the individual's own certificate by another. 

f. Performed work for which certification is required, but for which appropriate 

certification has not been received. 

g. Failed to comply with the appropriate work practice standards for lead-based 

paint activities at Chapter I11 of the Regulations for Lead-Based Paint 

Activities. 

h. Failed to comply with Federal, State, or local lead-based paint statutes or 

regulations. 
Performed work requiring certification at a job site with individuals who are 

not certified. 

Failed to comply with the work practice standards established in Chapter I11 of 

the Regulations for Lead-Based Paint Activities. 

Misrepresented facts in this letter of application for certification to the 

Commission 

Failed to maintain required records. 

Failed to comply with Federal, State, or local lead-based paint statutes or 

regulations 
must be of such magnitude as to encourage compliance with the Mississippi lead-based 

paint regulations. 

Work Practice Standards Violations 

Non-certified persons and firms* - Untrained, non-certified individuals could cause a 

residence or child-occupied facility to become contaminated. Penalty adjusted for first 

occurrence and probable substantive compliance. 

Improper Lead-Based Paint Activities - Failure to follow work practice standards could 

result in contamination of a target housing or child-occupied facility. 

Penalty higher for occupied target housing or child-occupied facility due to the greater 

potential for exposure of occupants to lead dust caused by the abatement or renovation 

activity. 

Accreditation Violation 

Approved training manager andor principal instructors, teaching standards, 

development and implementation of Quality Control Plan, and record keeping are 

significant violations but not considered major in that the violations could exist 

and the training course still be adequate. Of these four violations, "teaching 

standards" is considered the most significant violation. 

"NO course accreditation" and "issues certificates to person not entitled", are 

considered major violations by EPA. EPA considers these criminal in nature. 

Training courses issuing certificates to persons not entitled to the certificates are 

subject to automatic withdrawal of accreditation. 

Notification Violations 

No notice - This is a major violation since it is the key to an effective 

enforcement program. If it was determined that the project was performed in 

"probable substantive compliance" consideration would be given to reducing the 

penalty. 

Issuance of NON's are appropriate for notification form deficiencies. 
Normally, a firm would be assessed a penalty if a supervisor or worker were found to be 

working and not certified. Firms, by regulation, cannot hire non-certified personnel to 

conduct lead-based paint activities. 

The firm will be assessed work practice standard violations that occur. Individuals and 

firms could have their certificates suspended or revoked if a violation occurs. 

Suspension of certificates can be for different periods of time, depending on the nature of 

the violation. Suspension of a certificate will be considered before a certificate is 

revoked. It could be necessary to revoke a certificate without first being suspended. 
Violations resolved with the issuance of an agreed order can normally be closed out within 3 

months. 

Violations that have to be resolved by Commission hearing can take in excess of 3 months due to 

meetings between involved parties and scheduling/rescheduling of hearing dates. 

All correspondence and orders, associated with the inspection and resolution of a violation will 

be filed. Selected data will be entered into the tracking database. 
monitoring and enforcement program. The State

s compliance monitoring and enforcement 

program will ensure correction of violations, and encompass either planned andlor responsive 

renovation compliance inspections and development/issuance of State enforcement responses 

which are appropriate to the violations. The State has the legal authority and ability to 

immediately implement the required elements of this section (II.B.4.b.). 
enforcement program will ensure correction of violations, will encompass planned and 

impromptu lead-based paint compliance inspections and will issue enforcement responses which 

are appropriate to violations. As shown in the application package, the State has the legal 

authority and ability (adequate resources and infrastructure) to implement the required elements 

of this section (II.B.4.b.). The State's current EPA authorized State lead-based paint program 

has an active compliance monitoring and enforcement program in place. 
personnel resources that will be devoted to the program. 
passage of additional regulations by the EPA; therefore, the needs will be reviewed and 

evaluated on a regular basis to ensure an effective compliance and enforcement program is 

maintained. 

Fiscal program needs will be supported with available federal grants and fees from accreditation 

of training providers, certification of individuals and firms and from lead-based paint renovation 

projects performed in the State. The State law provides for the collection of fees to support the 

State program. The resource needs for conducting the compliance and enforcement program 

will be considered in establishing and maintaining the fees structure. State funds is a possible 

option in the future if necessary to meet program funding needs. 

Personnel required to carry out an effective compliance and enforcement program will be 

devoted to the State lead-based paint Renovation, Repair and Painting Program and the 

Pre-Renovation Education Program. Currently, the staff consists of four individuals. Plans 

are to hire additional enforcement staff members to meet program requirements in the future. 

Also, selected staff members performing compliance activities in the asbestos section and in the 

three regional offices across the State will be trained to assist in the compliance and enforcement 

program as needed. 

All staff members involved in the compliance and enforcement program will be properly trained 

to perform their responsibilities. In addition to academic training, staff will be trained in 

evidence gathering, case development, case settlements, regulatory authority, etc. In addition 

to the necessary training, the staff will be provided the equipment and materials needed to 

operate the compliance and enforcement program. The compliance and enforcement program 

will be properly supervised and monitored to insure the program is run properly and maintains 

its effectiveness. 
compliance and enforcement activities (as described at Attachment A of this appendix). 
enforcement activities. The report will include a summary of the scope of the regulated 

community within the State (which will include the number of individuals and firms certified in 

lead-based paint activities and the number of training programs accredited), the inspections 

conducted, enforcement actions taken, compliance assistance provided, and the level of 

resources committed by the State to those activities. The report shall be submitted according to 

the requirements at $745.324(h) of the federal lead-based paint regulations. 
The Summary on Progress and Performance described below is part of the required elements for 

the compliance and enforcement program portion of a State or Tribal Renovation Program. A 

State or Tribal renovation compliance and enforcement program must submit to the appropriate 

EPA Regional Administrator a report which summarizes the results of implementing the State or 

Tribal renovation compliance and enforcement program, including a summary of the scope of the 

regulated community within the State or Tribe, as required by§ 745.324(h). The summary would 

include the number of individuals and firms certified for renovations and the number of training 

programs accredited, as well as the inspections conducted, enforcement actions taken, 

compliance assistance provided, and the level of resources committed by the State or Tribe to 

these activities. The report shall be submitted according to the requirements at § 745.324(h). 

Attachment B. Memorandum of Agreement (5745.327(e)) 

An Tribe that obtains Renovation Program approval must establish a Memorandum of 

Agreement with the Regional Administrator. The Memorandum of Agreement shall be executed 

by the Tribe's counterpart to the State Director (e.g., the Director of Tribal Environmental Office, 

Program or Agency). The Memorandum of Agreement must include provisions for the timely 

and appropriate referral to the Regional Administrator for those criminal enforcement matters where that Tribe does not have the authority (e.g., those addressing criminal violations by 

non-Indians or violations meriting penalties over $5,000). The Agreement must also identify any 

enforcement agreements that may exist between the Tribe and any State.