R307. Environmental Quality, Air Quality.

R307-842. Lead-Based Paint Activities. R307-842-1. Accreditation of Training Programs: T arget Housing and Child-Occupied Facilities. (1) Scope. (a) A training program may seek accreditation to offer courses in any of the following disciplines: inspector, ris k assessor, supervisor, project designer, abatement worker, ren ovator, and dust sampling technician. A training program may also s eek accreditation

to offer refresher courses for each of the above li sted disciplines. (b) Training programs may apply to the executive secretary for accreditation of their lead-based paint activities courses or refresher courses pursuant to this section. Traini ng programs may apply to the executive secretary for accreditation of their renovator or dust sampling technician courses or refresher co urses pursuant

to this section. (c) A training program must not provide, offer, o r claim to provide executive secretary-accredited lead-based p aint activities courses without applying for and receiving accredit ation from the executive secretary as required under paragraph (2) of this section. A training program must not provide, offer, or cla im to provide executive secretary-accredited renovator or dust sampling technician courses without applying for and receiving accredit ation from the executive secretary as required under paragraph (2) of this section. (2) Application process. The following are proce dures a training program must follow to receive executive secretary accreditation to offer lead-based paint activities courses, renovato r courses, or dust sampling technician courses: (a) A training program seeking accreditation shal l submit a written application to the executive secretary cont aining the following information: (i) The training program's name, address, and tel ephone number; (ii) A list of courses for which it is applying f or accreditation. For the purposes of this section, courses taught i n different languages and electronic learning courses are consi dered different courses, and each must independently meet the accre ditation requirements; (iii) The name and documentation of the qualifica tions of the training program manager; (iv) The name(s) and documentation of qualificati ons of any principal instructor(s); and (v) A statement signed by the training program ma nager certifying that the training program meets the requirements es tablished in paragraph (3) of this section. If a training progra m uses EPA-recommended model training materials, the train ing program manager shall include a statement certifying that, as well; or (vi) If a training program does not use EPA-recommended model training materials, its application for accreditati on shall also

include: (A) A copy of the student and instructor manuals, or other materials to be used for each course; (B) A copy of the course agenda for each course; and (C) When applying for accreditation of a course i n a languageother than English, a signed statement from a quali fied, independent

translator that they had compared the course to the English language version and found the translation to be accurate; (vii) All training programs shall include in their application for accreditation the following: (A) A description of the facilities and equipment to be used for lecture and hands-on training; (B) A copy of the course test blueprint for each course; (C) A description of the activities and procedure s that will be used for conducting the assessment of hands-on s kills for each
course; and (D) A copy of the quality control plan as describ ed in paragraph (3)(i) of this section. (b) If a training program meets the requirements in paragraph (3) of this section, then the executive secretary s hall approve the application for accreditation no more than 180 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be s ent to the applicant. In the case of disapproval, a letter de scribing the reasons for disapproval shall be sent to the applicant. Pr ior to disapproval, the executive secretary may, at its discretion, wor k with the applicant to address inadequacies in the application for accr editation. The executive secretary may also request additional mat erials retained by the training program under paragraph (8) of this section. If a training program's application is disapproved, the program may reapply for accreditation at any time. (c) A training program may apply for accreditatio n to offer courses or refresher courses in as many disciplines as it chooses. A training program may seek accreditation for addit ional courses at any time as long as the program can demonstrate tha t it meets the requirements of this section. (d) A training program applying for accreditationmust submit the appropriate fees in accordance with the current Department of Environmental Quality Fee Schedule. (3) Requirements for the accreditation of trainin g programs. For a training program to obtain accreditation from the executive secretary to offer lead-based paint activities cour ses, renovator courses, or dust sampling technician courses, the p rogram must meet the following requirements: (a) The training program shall employ a training manager who

has: (i) At least 2 years of experience, education, or training in teaching workers or adults; or (ii) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety , public health, education, business administration or program manag ement or a related field; or (iii) Two years of experience in managing a train ing program specializing in environmental hazards; and (iv) Demonstrated experience, education, or train ing in the construction industry including: lead or asbestos a batement, painting, carpentry, renovation, remodeling, occupa tional safety and health, or industrial hygiene.(b) The training manager shall designate a qualif ied principal

instructor for each course who has: (i) Demonstrated experience, education, or traini ng in teaching
workers or adults; and (ii) Successfully completed at least 16 hours of any executive secretary-accredited, EPA-accredited, or EPA-author ized state or tribal-accredited lead-specific training for instru ctors of lead-based paint activities courses or 8 hours of a ny executive secretary-accredited, EPA-accredited or EPA-authori zed state or tribal-accredited lead-specific training for instru ctors of renovator or dust sampling technician courses; and (iii) Demonstrated experience, education, or trai ning in lead or asbestos abatement, painting, carpentry, renovat ion, remodeling, occupational safety and health, or industrial hygie ne. (c) The principal instructor shall be responsible for the organization of the course, course delivery, and ov ersight of the teaching of all course material. The training mana ger may designate guest instructors as needed for a portion of the co urse to provide instruction specific to the lecture, hands-on activ ities, or work practice components of a course. However, the prin cipal instructor is primarily responsible for teaching the course ma terials and must be present to provide instruction (or oversight of portions of the course taught by guest instructors) for the course for which he or she has been designated the principal instructor. (d) The following documents shall be recognized b y the executive secretary as evidence that training managers and pr incipal instructors have the education, work experience, training requi rements or demonstrated experience, specifically listed in par agraphs (3)(a) and (3)(b) of this section. This documentation mus t be submitted with the accreditation application and retained by the training program as required by the recordkeeping requiremen ts contained in paragraph (8) of this section. Those documents inc lude the following: (i) Official academic transcripts or diploma as e vidence of meeting the education requirements; (ii) Resumes, letters of reference, or documentat ion of work experience, as evidence of meeting the work experie nce requirements;

and (iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meet ing the training requirements. (e) The training program shall ensure the availab ility of, and provide adequate facilities for, the delivery of th e lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facil ities as needed. (f) To become accredited in the following discipl ines, the training program shall provide training courses tha t meet the following training requirements: (i) The inspector course shall last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-o n training activities. The minimum curriculum requirements fo r the inspector course are contained in paragraph (4)(a) of this se ction; (ii) The risk assessor course shall last a minimum of 16 traininghours, with a minimum of 4 hours devoted to hands-o n training

activities. The minimum curriculum requirements fo r the risk assessor course are contained in paragraph (4)(b) of this se ction; (iii) The supervisor course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-o n training activities. The minimum curriculum requirements fo r the supervisor course are contained in paragraph (4)(c) of this se ction; (iv) The project designer course shall last a min imum of 8 training hours. The minimum curriculum requirement s for the project designer course are contained in paragraph (4)(d) o f this section; (v) The abatement worker course shall last a mini mum of 16 training hours, with a minimum of 8 hours devoted t o hands-on training activities. The minimum curriculum requirements fo r the abatement worker course are contained in paragraph (4)(e) of this section; (vi) The renovator course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-o n training activities. The minimum curriculum requirements fo r the renovator course are contained in paragraph (4)(f) of this se ction; and (vii) The dust sampling technician course must la st a minimum of 8 training hours, with a minimum of 2 hours devo ted to hands-on training activities. The minimum curriculum requir ements for the dust sampling technician course are contained in pa ragraph (4)(g)

of this section. (viii) Electronic learning and other alternative course delivery methods are permitted for the classroom portion of renovator, dust sampling technician, or lead-based paint activities courses but not the hands-on portion of these courses, or for final course tests or proficiency tests described in paragraph (3)(g) of this section. Electronic learning courses must comply with the fo llowing requirements: (A) A unique identifier must be assigned to each student for them to use to launch and re-launch the course; (B) The training provider must track each student 's course log-ins, launches, progress, and completion, and ma intain these records in accordance with paragraph (8) of this se ction; (C) The course must include periodic knowledge ch ecks equivalent to the number and content of the knowledge checks c ontained in EPA's model course, but at least 16 over the entire cours e. The knowledge checks must be successfully completed before the st udent can go on to the next module; (D) There must be a test of at least 20 questions at the end of the electronic learning portion of the course, o f which 80% must be answered correctly by the student for successful completion of the electronic learning portion of the course. The test must be designed so that students do not receive feedback o n their test answers until after they have completed and submitted the t est; and (E) Each student must be able to save or print a copy of an electronic learning course completion certificate. The electronic certificate must not be susceptible to easy editing

. (g) For each course offered, the training program shall conduct either a course test at the completion of the cours e, and if applicable, a hands-on skills assessment, or in the alternative , a proficiency test for that discipline. Each student must succes sfully completethe hands-on skills assessment and receive a passin g score on the

course test to pass any course, or successfully complete a proficiency

test. (i) The training manager is responsible for maint aining the validity and integrity of the hands-on skills asses sment or proficiency test to ensure that it accurately evalu ates the trainees' performance of the work practices and procedures as sociated with the course topics contained in paragraph (4) of this se ction; (ii) The training manager is responsible for main taining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics;

and (iii) The course test shall be developed in accor dance with the test blueprint submitted with the training accr editation application. (h) The training program shall issue unique cours e completion certificates to each individual who passes the trai ning course. The course completion certificate shall include: (i) The name, a unique identification number, andaddress of the individual; (ii) The name of the particular course that the i ndividual completed; (iii) Dates of course completion/test passage; (iv) For initial inspector, risk assessor, projec t designer, supervisor, or abatement worker course completion c ertificates, the expiration date of interim certification, which is 6 months from the date of course completion; (v) The name, address, and telephone number of th e training

program; (vi) The language in which the course was taught; and (vii) For renovator and dust sampling technician course completion certificates, a photograph of the indivi dual. The photograph must be an accurate and recognizable ima ge of the individual. As reproduced on the certificate, the photograph must not be smaller than 1 square inch. (i) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain a nd improve the quality of the training program over time. This pl an shall contain at least the following elements: (i) Procedures for periodic revision of training materials and

the course test to reflect innovations in the field ; and (ii) Procedures for the training manager's annual review of principal instructor competency. (j) Courses offered by the training program must teach the work practice standards contained in R307-841-5 or R307- 842-3, as applicable, in such a manner that trainees are prov ided with the knowledge needed to perform the renovations or lead -based paint activities they will be responsible for conducting. (k) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements

in this section. (l) The training manager shall allow the executiv e secretary or the executive secretary's authorized representat ive to audit thetraining program to verify the contents of the appl ication for

accreditation as described in paragraph (2) of this section. (m) The training manager must provide notificatio n of renovator, dust sampling technician, or lead-based paint activ ities courses

offered. (i) The training manager must provide the executi ve secretary with notification of all renovator, dust sampling t echnician, or lead-based paint activities courses offered. The o riginal notification must be received by the executive secr etary at least 7 business days prior to the start date of any reno vator, dust sampling technician, or lead-based paint activities course; (ii) The training manager must provide the execut ive secretary updated notification when renovator, dust sampling technician, or lead-based paint activities courses will begin on adate other than the start date specified in the original notificati on, as follows: (A) For renovator, dust sampling technician, or l ead-based paint activities courses beginning prior to the start dat e provided to the executive secretary, an updated notification must b e received by the executive secretary at least 7 business days before the new start date; and (B) For renovator, dust sampling technician, or l ead-based paint activities courses beginning after the start date p rovided to the executive secretary, an updated notification must b e received by the executive secretary at least 2 business days before the start date provided to the executive secretary; (iii) The training manager must update the execut ive secretary of any change in location of renovator, dust sampli ng technician, or lead-based paint activities courses at least 7 b usiness days prior to the start date provided to the executive secreta ry; (iv) The training manager must update the executi ve secretary regarding any course cancellations, or any other ch ange to the original notification. Updated notifications must be receiv ed by the executive secretary at least 2 business days prior to the sta rt date provided to the executive secretary; (v) Each notification, including updates, must in clude the following: (A) Notification type (original, update, or cance llation); (B) Training program name, address, and telephone number; (C) Course discipline, type (initial/refresher), and the language in which instruction will be given; (D) Date(s) and time(s) of training; (E) Training location(s) telephone number, and ad dress; (F) Principal instructor's name; and (G) Training manager's name and signature; (vi) Notification must be accomplished using any of the following methods: Written notification, or electronically u sing the Utah Division of Air Quality electronic notification sys tem. Written notification of renovator, dust sampling technician , or lead-based paint activities course schedules can be accomplish ed by using either the sample form titled "Renovator, Dust Sampling Te chnician, or Lead-Based Paint Activities Training Course Notific ation Form" or a similar form containing the information required in paragraph (3)(m)(v) of this section. All written notificatio ns must be deliveredto the executive secretary by United States Postal Service, fax,

commercial delivery service, or hand delivery. Ins tructions and sample forms can be obtained from the Utah Divisionof Air Quality Lead-Based Paint Program web site; (vii) Renovator, dust sampling technician, or lea d-based paint activities courses must not begin on a date, or at a location other than that specified in the original notification un less an updated notification identifying a new start date or locati on is submitted, in which case the course must begin on the new star t date and/or location specified in the updated notification; and (viii) No training program shall provide renovato r, dust sampling technician, or lead-based paint activities courses without first notifying the executive secretary of such act ivities in accordance with the requirements of this paragraph. (n) The training manager must provide notificatio n following completion of renovator, dust sampling technician, or lead-based paint

activities courses. (i) The training manager must provide the executi ve secretary notification after the completion of any renovator, dust sampling technician, or lead-based paint activities course. This notice must be received by the executive secretary no later tha n 10 business days following the course completion; (ii) The notification must include the following: (A) Training program name, address, and telephone number; (B) Course discipline and type (initial/refresher ); (C) Date(s) of training; (D) The following information for each student wh o took the

course: (I) Name, (II) Address, (III) Date of birth, (IV) Course completion certificate number,
(V) Course test score, and (VI) For renovator or dust sampling technician co urses, a digital photograph of the student; (E) Training manager's name and signature; and (F) Utah Division of Air Quality Lead-Based Paint Program training verification statement; and (iii) Notification must be accomplished using anyof the following methods: Written notification, or electr onically using the Utah Division of Air Quality electronic notific ation system. Written notification following renovator, dust samp ling technician, or lead-based paint activities training courses canbe accomplished by using either the sample form titled "Renovator, Dust Sampling Technician, or Lead-Based Paint Activities TrainingCourse Notification Form" or a similar form containing the information required in paragraph (3)(n)(ii) of this section. All written

notifications must be delivered to the executive se cretary by United States Postal Service, fax, commercial delivery ser vice, or hand delivery. Instructions and sample forms can be obt ained from the Utah Division of Air Quality Lead-Based Paint Progr am web site. (4) Minimum training curriculum requirements. To become accredited to offer lead-based paint courses in the specificdisciplines listed in this paragraph, training prog rams must ensure

that their courses of study include, at a minimum, the following course topics. (a) Inspector. Instruction in the topics describ ed in paragraphs (4)(a)(iv), (v), (vi), and (vii) of this section mu st be included in the hands-on portion of the course. (i) Role and responsibilities of an inspector. (ii) Background information on lead and its adver se health

effects. (iii) Background information on federal, state, a nd local regulations and guidance that pertains to lead-base d paint and lead-based paint activities. (iv) Lead-based paint inspection methods, includi ng selection of rooms and components for sampling or testing. (v) Paint, dust, and soil sampling methodologies. (vi) Clearance standards and testing, including r andom sampling. (vii) Preparation of the final inspection report. (viii) Recordkeeping. (b) Risk assessor. Instruction in the topics des cribed in paragraphs (4)(b)(iv), (vi), and (vii) of this sect ion must be included in the hands-on portion of the course. (i) Role and responsibilities of a risk assessor. (ii) Collection of background information to perf orm a risk

assessment. (iii) Sources of environmental lead contaminationsuch as paint, surface dust and soil, water, air, packaging, and f ood. (iv) Visual inspection for the purposes of identi fying potential sources of lead-based paint hazards. (v) Lead hazard screen protocol. (vi) Sampling for other sources of lead exposure. (vii) Interpretation of lead-based paint and othe r lead sampling results, including all applicable federal or state guidance or regulations pertaining to lead-based paint hazards. (viii) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards. (ix) Preparation of a final risk assessment repor t. (c) Supervisor. Instruction in the topics descri bed in paragraphs (4)(c)(v), (vii), (viii), (ix), and (x) of this section must be included in the hands-on portion of the cou rse. (i) Role and responsibilities of a supervisor. (ii) Background information on lead and its adver se health

effects. (iii) Background information on federal, state, a nd local regulations and guidance that pertain to lead-basedpaint abatement. (iv) Liability and insurance issues relating to l ead-based paint

abatement. (v) Risk assessment and inspection report interpr etation. (vi) Development and implementation of an occupan t protection plan and abatement report. (vii) Lead-based paint hazard recognition and con trol. (viii) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.(ix) Interior dust abatement/cleanup or lead-base d paint hazard

control and reduction methods. (x) Soil and exterior dust abatement or lead-base d paint hazard

control and reduction methods. (xi) Clearance standards and testing. (xii) Cleanup and waste disposal. (xiii) Recordkeeping. (d) Project designer. (i) Role and responsibilities of a project design er. (ii) Development and implementation of an occupan t protection plan for large-scale abatement projects. (iii) Lead-based paint abatement and lead-based p aint hazard reduction methods, including restricted practices f or large-scale abatement projects. (iv) Interior dust abatement/cleanup or lead haza rd control and reduction methods for large-scale abatement pro jects. (v) Clearance standards and testing for large sca le abatement projects. (vi) Integration of lead-based paint abatement me thods with modernization and rehabilitation projects for large scale abatement projects. (e) Abatement worker. Instruction in the topics described in paragraphs (4)(e)(iv), (v), (vi), and (vii) of this section must be included in the hands-on portion of the course. (i) Role and responsibilities of an abatement work er. (ii) Background information on lead and its adver se health

effects. (iii) Background information on federal, state, a nd local regulations and guidance that pertain to lead-basedpaint abatement. (iv) Lead-based paint hazard recognition and cont rol. (v) Lead-based paint abatement and lead-based pai nt hazard reduction methods, including restricted practices. (vi) Interior dust abatement methods/cleanup or l ead-based paint

hazard reduction. (vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction. (f) Renovator. Instruction in the topics describ ed in paragraphs (4)(f)(iv), (vi), (vii), and (viii) of this sectionmust be included in the hands-on portion of the course. (i) Role and responsibility of a renovator. (ii) Background information on lead and its adver se health

effects. (iii) Background information on EPA, HUD, OSHA, a nd other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities. (iv) Procedures for using acceptable test kits to determine whether paint is lead-based paint. (v) Procedures for collecting a paint chip sample and sending it to a laboratory recognized by EPA under section 405(b) of TSCA. (vi) Renovation methods to minimize the creation of dust and lead-based paint hazards. (vii) Interior and exterior containment and clean up methods. (viii) Methods to ensure that the renovation has been properlycompleted, including cleaning verification, and cle arance testing.

(ix) Waste handling and disposal. (x) Providing on-the-job training to other worker s. (xi) Record preparation. (g) Dust sampling technician. Instruction in the topics described in paragraphs (4)(g)(iv) and (vi) of this section must be included in the hands-on portion of the course. (i) Role and responsibility of a dust sampling te chnician. (ii) Background information on lead and its adver se health

effects. (iii) Background information on federal, state, a nd local regulations and guidance that pertains to lead-base d paint and

renovation activities. (iv) Dust sampling methodologies. (v) Clearance standards and testing. (vi) Report preparation. (5) Requirements for the accreditation of refresh er training programs. A training program may seek accreditatio n to offer refresher training courses in any of the following discipline s: Inspector, risk assessor, supervisor, project designer, abatement w orker, renovator, and dust sampling technician. To obtain executive secretary accreditation to offer refresher training, a traini ng program must meet the following minimum requirements: (a) Each refresher course shall review the curric ulum topics of the full-length courses listed under paragraph ( 4) of this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure th at their courses of study include, at a minimum, the following: (i) An overview of current safety practices relat ing to lead-based paint in general, as well as specific in formation pertaining to the appropriate discipline; (ii) Current laws and regulations relating to lea d-based paint in general, as well as specific information pertain ing to the appropriate discipline; and (iii) Current technologies relating to lead-basedpaint in general, as well as specific information pertainingto the appropriate discipline; (b) Refresher courses for inspector, risk assesso r, supervisor,

and abatement worker must last a minimum of 8 train ing hours. Refresher courses for project designer, renovator, and dust s ampling technician must last a minimum of 4 training hours. Refresher courses for all disciplines except project designer must include a hands-on component; (c) Except for project designer courses, for all other courses offered, the training program shall conduct a hands -on assessment, and at the completion of the course, a course test; (d) A training program may apply for accreditatio n of a refresher course concurrently with its application for accred itation of the corresponding training course as described in parag raph (2) of this section. If so, the executive secretary shall use the approval procedure described in paragraph (2) of this sectio n. In addition, the minimum requirements contained in paragraphs (3 )(a) through 3)(e) and (3)(g) through (3)(n), and (5)(a) through (5)(c ) of this section shall also apply; and(e) A training program seeking accreditation to o ffer refresher

training courses only shall submit a written applic ation to the executive secretary containing the following inform ation: (i) The refresher training program's name, addres s, and telephone number; (ii) A list of courses for which it is applying f or accreditation; (iii) The name and documentation of the qualifica tions of the training program manager; (iv) The name(s) and documentation of the qualifi cations of the principal instructor(s); (v) A statement signed by the training program ma nager certifying that the refresher training program meets the minimum requirements established in paragraph (3) of this section, excep t for the requirements in paragraph (3)(f) of this section. If a training program uses EPA-developed model training materials , the training manager shall include a statement certifying that, as well; (vi) If the refresher training course materials a re not based on EPA-developed model training materials, the trai ning program's application for accreditation shall include: (A) A copy of the student and instructor manuals to be used for each course; and (B) A copy of the course agenda for each course; (vii) All refresher training programs shall inclu de in their application for accreditation the following: (A) A description of the facilities and equipment to be used for lecture and hands-on training; (B) A copy of the course test blueprint for each course; (C) A description of the activities and procedure s that will be used for conducting the assessment of hands-on s kills for each course (if applicable); and (D) A copy of the quality control plan as describ ed in paragraph (3)(i) of this section; (viii) The requirements in paragraphs (3)(a) thro ugh (3)(e), and (3)(g) through (3)(n) of this section apply to refresher training providers; and (ix) If a refresher training program meets the re quirements listed in this paragraph, then the executive secret ary shall approve the application for accreditation no more than 180 days after receiving a complete application from the refresher training program. In the case of approval, a certificate of accreditation sh all be sent to the applicant. In the case of disapproval, a lette r describing the reasons for disapproval shall be sent to the applic ant. Prior to disapproval, the executive secretary may, at the ex ecutive secretary's discretion, work with the applicant to address inad equacies in the application for accreditation. The executive secre tary may also request additional materials retained by the refres her training program under paragraph (8) of this section. If a r efresher training program's application is disapproved, the program m ay reapply for accreditation at any time. (6) Re-accreditation of training programs. (a) Unless re-accredited, a training program's ac creditation, including refresher training accreditation, shall e xpire 4 years after the date of issuance. If a training program meets the requirementsof this section, the training program shall be re-a ccredited.

(b) A training program seeking re-accreditation s hall submit an application to the executive secretary no later than 180 days before its accreditation expires. If a training program do es not submit its application for re-accreditation by that date, the executive secretary cannot guarantee that the program will be re-accred ited before the end of the accreditation period. (c) The training program's application for re-acc reditation

shall contain: (i) The training program's name, address, and tel ephone number; (ii) A list of courses for which it is applying f or re-accreditation; (iii) The name and qualifications of the trainingprogram

manager; (iv) The name(s) and qualifications of the princi pal instructor(s); (v) A description of any changes to the training facility, equipment or course materials since its last applic ation was approved that adversely affects the students' ability to lea rn; (vi) A statement signed by the program manager st ating: (A) That the training program complies at all tim es with all requirements in paragraphs (3) and (5) of this sect ion, as applicable;

and (B) The recordkeeping and reporting requirements of paragraph (8) of this section shall be followed; and (vii) A payment of appropriate fees in accordance with the current Department of Environmental Quality Fee Sch edule. (d) Upon request, the training program shall allo w the executive secretary or the executive secretary's authorized r epresentative to audit the training program to verify the contents o f the application for re-accreditation as described in paragraph (6)( c) of this section. (7) Suspension, revocation, and modification of a ccredited training programs. (a) The executive secretary may, after notice andan opportunity, for hearing, suspend, revoke, or modify training pr ogram accreditation, including refresher training accredi tation, if a training program, training manager, or other personwith supervisory authority over the training program has: (i) Misrepresented the contents of a training cou rse to the executive secretary and/or the student population; (ii) Failed to submit required information or not ifications in a timely manner; (iii) Failed to maintain required records; (iv) Falsified accreditation records, instructor qualifications, or other accreditation-related info rmation or documentation; (v) Failed to comply with the training standards and requirements in this section; (vi) Failed to comply with federal, state, or loc al lead-based paint statutes or regulations; or (vii) Made false or misleading statements to the executive secretary in its application for accreditation or r e-accreditation which the executive secretary relied upon in approv ing theapplication.

(b) In addition to an administrative or judicial finding of violation, execution of a consent agreement in sett lement of an enforcement action constitutes, for purposes of thi s section, evidence of a failure to comply with relevant statutes or re gulations. (8) Training program recordkeeping requirements. (a) Accredited training programs shall maintain, a nd make available to the executive secretary or the executi ve secretary's authorized representative, upon request, the follow ing records: (i) All documents specified in paragraph (3)(d) o f this section that demonstrate the qualifications listed in parag raphs (3)(a) and (3)(b) of this section of the training manager and principal instructors; (ii) Current curriculum/course materials and documents reflecting any changes made to these materials; (iii) The course test blueprint; (iv) Information regarding how the hands-on asses sment is conducted including, but not limited to:
(A) Who conducts the assessment; (B) How the skills are graded; (C) What facilities are used; and (D) The pass/fail rate; (v) The quality control plan as described in para graph (3)(i) of this section; (vi) Results of the students' hands-on skills ass essments and course tests, and a record of each student's course completion certificate; (vii) Any other material not listed in paragraphs (8)(a)(i) through (8)(a)(vi) of this section that was submitt ed to the executive secretary as part of the program's application for accreditation. (viii) For renovator refresher and dust sampling technician refresher courses, a copy of each trainee's prior c ourse completion certificate showing that each trainee was eligible to take the refresher course; and (ix) For course modules delivered in an electroni c format, a record of each student's log-ins, launches, progres s, and completion, and a copy of the electronic learning completion ce rtificate for each

student. (b) The training program must retain records pert aining to renovator, dust sampling technician and lead-based paint activities courses at the address specified on the training pr ogram accreditation application (or as modified in accordance with para graph (8)(c) of this section) for the following minimum periods: (i) Records pertaining to lead-based paint activi ties courses must be retained for a minimum of 3 years and 6 mon ths; (ii) Records pertaining to renovator or dust samp ling technician

courses offered must be retained for a minimum of 5 years and 6 months. (c) The training program shall notify the executi ve secretary in writing within 30 days of changing the address s pecified on its training program accreditation application or trans ferring the

records from that address. (9) Amendment of accreditation. (a) A training program must amend its accreditati on within 90days of the date a change occurs to information inc luded in the

program's most recent application. If the training program fails to amend its accreditation within 90 days of the date the change occurs, the program may not provide renovator, dust samplin g technician, or lead-based paint activities training until its accr editation is

amended. (b) To amend an accreditation, a training program must submit a completed Division of Air Quality Lead-Based Pain t Application for Course Accreditation, signed by an authorized agent of the training provider, noting on the form that it is submitted a s an amendment and indicating the information that has changed. (c) Training managers, principal instructors, per manent training locations. If the amendment includes a ne w training program manager, any new or additional principal instructor (s), or any new permanent training location(s), the training provid er is not permitted to provide training under the new training manager or offer courses taught by any new principal instructor(s) or at the new training location(s) until the executive secretary either ap proves the amendment or 30 days have elapsed, whichever occurs earlier. Except: (i) If the amendment includes a new training prog ram manager or new or additional principal instructor that was identified in a training provider accreditation application that th e executive secretary has already approved under this section, the training provider may begin to provide training under the ne w training manager or offer courses taught by the new principal instru ctor on an interim basis as soon as the provider submits the amendment to the executive secretary. The training provider may continue to p rovide training under the new training manager or offer courses tau ght by the new principal instructor if the executive secretary app roves the amendment or if the executive secretary does not disapprove t he amendment within 30 days. (ii) If the amendment includes a new permanent tr aining location, the training provider may begin to provide trainingat the new permanent training location on an interim basis as soon as the provider submits the amendment to the executive secretary. The training provider may continue to provide training at the ne w permanent training location if the executive secretary approves the amendment or if the executive secretary does not disapprove the amendme nt within 30 days.

R307-842-2. Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Ch ild-Occupied

Facilities. (1) Certification of individuals. (a) Individuals seeking certification by the execu tive secretary to engage in lead-based paint activities must eithe r: (i) Submit to the executive secretary an applicat ion demonstrating that they meet the requirements estab lished in paragraphs (2) or (3) of this section for the parti cular discipline for which certification is sought; or (ii) Submit to the executive secretary an applica tion with a copy of a valid lead-based paint activities certifi cation (or equivalent) from the EPA or a state or tribal progr am that has been authorized by EPA pursuant to subpart Q of 40 CFR 7 45; or(iii) For supervisor, inspector, and/or risk asse ssor

certification, submit to the executive secretary anapplication with a copy of a valid lead-based paint training certifi cate from an EPA-accredited, or EPA-authorized state or tribal-a ccredited lead-specific training in the appropriate disciplin e and pass the certification exam in the appropriate discipline of fered by the executive secretary. (b) Following the submission of an application de monstrating that all the requirements of this section have beenmet, the executive secretary shall certify an applicant as an inspecto r, risk assessor, supervisor, project designer, or abatement worker, as appropriate. (c) Upon receiving executive secretary certificat ion, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appr opriate lead-based paint activities as established in R307-842-3. (d) It shall be a violation of state administrati ve rules for an individual to conduct any of the lead-based pain t activities

described in R307-842-3 if that individual has not been certified by the executive secretary pursuant to this sectionto do so. (e) Individuals applying for certification must s ubmit the appropriate fees in accordance with the current Dep artment of Environmental Quality Fee Schedule. (2) Inspector, risk assessor or supervisor. (a) To become certified by the executive secretar y as an inspector, risk assessor, or supervisor, pursuant t o paragraph (1)(a)(i) of this section, an individual must: (i) Successfully complete an accredited course inthe appropriate discipline and receive a course complet ion certificate from an accredited training program; (ii) Pass the certification exam in the appropria te discipline offered by the executive secretary; and (iii) Meet or exceed the following experience and /or education requirements: (A) Inspectors. No additional experience and/or e ducation requirements; (B) Risk assessors. (I) Successful completion of an accredited traini ng course for inspectors; and (II) Bachelor's degree and 1 year of experience i n a related field (e.g., lead, asbestos, environmental remediat ion work, or construction), or an Associates degree and 2 years experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or (III) Certification as an industrial hygienist, p rofessional engineer, registered architect and/or certificationin a related engineering/health/environmental field (e.g., safet y professional, environmental scientist); or (IV) A high school diploma (or equivalent), and a t least 3 years of experience in a related field (e.g., lead, asbes tos, environmental remediation work or construction); (C) Supervisor. (I) One year of experience as a certified lead-ba sed paint
abatement worker; or(II) At least 2 years of experience in a related field (e.g.,

lead, asbestos, or environmental remediation work) or in the building

trades. (b) The following documents shall be recognized b y the executive secretary as evidence of meeting the requirements l isted in (2)(b)(iii) of this paragraph: (i) Official academic transcripts or diploma, as evidence of meeting the education requirements; (ii) Resumes, letters of reference, or documentat ion of work experience, as evidence of meeting the work experie nce requirements;

and (iii) Course completion certificates from lead-sp ecific or other related training courses, issued by accredited trai ning programs, as evidence of meeting the training requirements. (c) In order to take the certification examinatio n for a particular discipline an individual must: (i) Successfully complete an accredited course inthe appropriate discipline and receive a course complet ion certificate from an accredited training program; and (ii) Meet or exceed the education and/or experien ce requirements in paragraph (2)(a)(iii) of this section. (d) The course completion certificate shall serve as interim

certification for an individual until the next avai lable opportunity

to take the certification exam. Such interim certif ication shall expire 6 months after issuance. (e) After passing the appropriate certification e xam and submitting an application demonstrating that he/she meets the appropriate training, education, and/or experience prerequisites described in paragraph (2)(a) of this section, an i ndividual shall be issued a certificate by the executive secretary. To maintain certification, an individual must be re-certified a s described in paragraph (4) of this section. (f) An individual may take the certification exam no more than three times within 6 months of receiving a course c ompletion

certificate. (g) If an individual does not pass the certificat ion exam and receive a certificate within 6 months of receiving his/her course completion certificate, the individual must retake the appropriate course from an accredited training program before r eapplying for certification from the executive secretary. (3) Abatement worker and project designer. (a) To become certified by the executive secretar y as an abatement worker or project designer, pursuant to p aragraph (1)(a)(i) of this section, an individual must: (i) Successfully complete an accredited course inthe appropriate discipline and receive a course complet ion certificate from an accredited training program; and (ii) Meet or exceed the following additional expe rience and/or education requirements: (A) Abatement workers. No additional experience a nd/or education requirements; and (B) Project designers. (I) Successful completion of an accredited traini ng course forsupervisors;

(II) Bachelor's degree in engineering, architectu re, or a related profession, and 1 year of experience in bui lding construction and design or a related field; or (III) Four years of experience in building constr uction and design or a related field. (b) The following documents shall be recognized b y the executive secretary as evidence of meeting the requirements l isted in this paragraph: (i) Official academic transcripts or diploma, as evidence of meeting the education requirements; (ii) Resumes, letters of reference, or documentat ion of work experience, as evidence of meeting the work experie nce requirements;

and (iii) Course completion certificates from lead-sp ecific or other related training courses, issued by accredited trai ning programs, as evidence of meeting the training requirements. (c) The course completion certificate shall serve as an interim

certification until certification from the executiv e secretary is received, but shall be valid for no more than 6 mon ths from the date of completion. (d) After successfully completing the appropriate training courses and meeting any other qualifications descri bed in paragraph (3)(a) of this section, an individual shall be issu ed a certificate from the executive secretary. To maintain certific ation, an individual must be re-certified as described in par agraph (4) of this

section. (4) Re-certification. (a) To maintain certification in a particular dis cipline, a certified individual shall apply to and be re-certi fied by the executive secretary in that discipline by the execu tive secretary

either: (i) Every 3 years if the individual completed a t raining course with a course test and hands-on assessment; or (ii) Every 5 years if the individual completed a training course with a proficiency test. (b) An individual shall be re-certified if the in dividual successfully completes the appropriate accredited r efresher training course and submits a valid copy of the appropriate refresher course completion certificate. If more than 3 years but l ess than 4 years have passed since certification or re-certificationfor an individual that completed an initial or a refresher training c ourse with a course test and hands-on assessment, or if more than 5 yea rs but less than 6 years have passed since certification or re-certi fication for an individual that completed an initial or a refresher training course with a proficiency test for the supervisor, inspect or, and/or risk assessor disciplines, then the individual must also pass the certification exam in the appropriate discipline of fered by the executive secretary. (c) Individuals applying for re-certification mus t submit the appropriate fees in accordance with the current Dep artment of Environmental Quality Fee Schedule. (5) Certification of firms.(a) All firms which perform or offer to perform a ny of the

lead-based paint activities or renovations describe d in R307-842-3 shall be certified by the executive secretary. (b) A firm seeking certification shall submit to the executive secretary a letter attesting that the firm shall on ly employ appropriately certified employees to conduct lead-b ased paint activities, and that the firm and its employees sha ll follow the work practice standards in R307-842-3 for conducting lea d-based paint

activities. (c) From the date of receiving the firm's letter requesting certification, the executive secretary shall have 9 0 days to approve or disapprove the firm's request for certification. Within that time, the executive secretary shall respond with either acertificate of approval or a letter describing the reasons for dis approval. (d) The firm shall maintain all records pursuant to the requirements in R307-842-3. (e) Firms may apply to the executive secretary fo r certification to engage in lead-based paint activities pursuant t o this section. (f) Firms applying for certification must submit the appropriate fees in accordance with the current Department of E nvironmental Quality Fee Schedule. (g) To maintain certification a firm shall submit appropriate fees in accordance with the current Department of E nvironmental Quality Fee Schedule. (6) Suspension, revocation, and modification of c ertifications of individuals engaged in lead-based paint activiti es. (a) The executive secretary may, after notice andopportunity for hearing, suspend, revoke, or modify an individu al's certification

if an individual has: (i) Obtained training documentation through fraud ulent means; (ii) Gained admission to and completed an accredi ted training program through misrepresentation of admission requ irements; (iii) Obtained certification through misrepresent ation of certification requirements or related documents dea ling with education, training, professional registration, or experience; (iv) Performed work requiring certification at a job site without having proof of certification; (v) Permitted the duplication or use of the indiv idual's own certificate by another; (vi) Performed work for which certification is re quired, but for which appropriate certification has not been re ceived; (vii) Failed to comply with the appropriate work practice standards for lead-based paint activities at R307-8 42-3; or (viii) Failed to comply with federal, state, or l ocal lead-based paint statutes or regulations. (b) In addition to an administrative or judicial finding of violation, for purposes of this section only, execu tion of a consent agreement in settlement of an enforcement action co nstitutes evidence of a failure to comply with relevant statutes or re gulations. (7) Suspension, revocation, and modification of c ertifications of firms engaged in lead-based paint activities. (a) The executive secretary may, after notice andopportunity for hearing, suspend, revoke, or modify a firm's ce rtification ifa firm has:

(i) Performed work requiring certification at a j ob site with individuals who are not certified; (ii) Failed to comply with the work practice stan dards established in R307-842-3; (iii) Misrepresented facts in its letter of appli cation for certification to the executive secretary; (iv) Failed to maintain required records; or (v) Failed to comply with federal, state, or loca l lead-based paint statutes or regulations. (b) In addition to an administrative or judicial finding of violation, for purposes of this section only, execu tion of a consent agreement in settlement of an enforcement action co nstitutes evidence of a failure to comply with relevant statutes or re gulations.

R307-842-3. Work Practice Standards for Conducting Lead-Based Paint Activities: Target Housing and Child-Occupied Faci lities. (1) Effective date, applicability, and terms. (a) All lead-based paint activities shall be perf ormed pursuant to the work practice standards contained in this se ction. (b) When performing any lead-based paint activitydescribed by the certified individual as an inspection, lead- hazard screen, risk assessment, or abatement, a certified individu al must perform that activity in compliance with the appropriate re quirements below. (c) Documented methodologies that are appropriate for this section are found in the following: the HUD Guideli nes for the

Evaluation and Control of Lead-Based Paint Hazards in Housing, the EPA Guidance on Residential Lead-Based Paint, Lead- Contaminated Dust, and Lead-Contaminated Soil, the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001), and other equivalent methods and gu idelines. (d) Clearance levels are appropriate for the purp oses of this section may be found in the EPA Guidance on Residen tial Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminate d Soil or other equivalent guidelines. (2) Inspection. (a) An inspection shall be conducted only by a pe rson certified by the executive secretary as an inspector or risk assessor and, if conducted, must be conducted according to the proce dures in this paragraph. (b) When conducting an inspection, the following locations shall be selected according to documented methodologies a nd tested for the presence of lead-based paint: (i) In a residential dwelling and child-occupied facility, each component with a distinct painting history and eachexterior component with a distinct painting history shall be tested fo r lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not containlead-based paint;

and (ii) In a multi-family dwelling or child-occupiedfacility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not containlead-based paint.(c) Paint shall be sampled in the following manne r:

(i) The analysis of paint to determine the presen ce of lead shall be conducted using documented methodologies w hich incorporate adequate quality control procedures; and/or (ii) All collected paint chip samples shall be an alyzed according to paragraph (6) of this section to determine if th ey contain detectable levels of lead that can be quantified numerically. (d) The certified inspector or risk assessor shal l prepare an inspection report which shall include the followinginformation: (i) Date of each inspection; (ii) Address of building; (iii) Date of construction; (iv) Apartment numbers (if applicable); (v) Name, address, and telephone number of the ow ner or owners of each residential dwelling or child-occupied faci lity; (vi) Name, signature, and certification number of each certified inspector and/or risk assessor conducting testing; (vii) Name, address, and telephone number of the certified firm employing each inspector and/or risk assessor, if a pplicable; (viii) Each testing method and device and/or samp ling procedure employed for paint analysis, including quality cont rol data and, if used, the serial number of any x-ray fluorescence ( XRF) device; (ix) Specific locations of each painted component tested for the presence of lead-based paint; and (x) The results of the inspection expressed in te rms appropriate to the sampling method used.
(3) Lead hazard screen. (a) A lead hazard screen shall be conducted only by a person certified by the executive secretary as a risk asse ssor. (b) If conducted, a lead hazard screen shall be c onducted as

follows: (i) Background information regarding the physical characteristics of the residential dwelling or chil d-occupied facility and occupant use patterns that may cause l ead-based paint exposure to one or more children age 6 years and un der shall be collected; (ii) A visual inspection of the residential dwell ing or child-occupied facility shall be conducted to: (A) Determine if any deteriorated paint is presen t; and (B) Locate at least two dust sampling locations; (iii) If deteriorated paint is present, each surf ace with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead; (iv) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other fro m the windows, in rooms, hallways, or stairwells where one or more children, age 6 and under, are most likely to come in contact wit h dust; and (v) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples require d in paragraph (3)(b)(iv) of this section, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 and under, are most likely to come into conta ct with dust.(c) Dust samples shall be collected and analyzed in the following

manner: (i) All dust samples shall be taken using documen ted methodologies that incorporate adequate quality con trol procedures;

and (ii) All collected dust samples shall be analyzedaccording to paragraph (6) of this section to determine if th ey contain detectable levels of lead that can be quantified numerically. (d) Paint shall be sampled in the following manne r: (i) The analysis of paint to determine the presen ce of lead shall be conducted using documented methodologies w hich incorporate adequate quality control procedures; and/or (ii) All collected paint chip samples shall be an alyzed according to paragraph (6) of this section to determine if th ey contain detectable levels of lead that can be quantified numerically. (e) The risk assessor shall prepare a lead hazardscreen report, which shall include the following information: (i) The information required in a risk assessment report as specified in paragraph (4) of this section, includi ng paragraphs (4)(k)(i) through (4)(k)(xiv), and excluding paragr aphs (4)(k)(xv) through (4)(k)(xviii) of this section. Additionall y, any background information collected pursuant to paragraph (3)(b)( i) of this section shall be included in the lead hazard screen report; and (ii) Recommendations, if warranted, for a follow- up risk assessment, and as appropriate, any further actions

. (4) Risk assessment. (a) A risk assessment shall be conducted only by a person certified by the executive secretary as a risk asse ssor and, if conducted, must be conducted according to the proce dures in this paragraph. (b) A visual inspection for risk assessment of th e residential dwelling or child-occupied facility shall be undert aken to locate the existence of deteriorated paint, assess the ext ent and causes of the deterioration, and other potential lead-base d paint hazards. (c) Background information regarding the physical characteristics of the residential dwelling or chil d-occupied facility and occupant use patterns that may cause l ead-based paint exposure to one or more children age 6 years and un der shall be

collected. (d) The following surfaces which are determined, using documented methodologies, to have a distinct painti ng history, shall be tested for the presence of lead: (i) Each friction surface or impact surface with visibly deteriorated paint; and (ii) All other surfaces with visibly deterioratedpaint. (e) In residential dwellings, dust samples (eithe r composite or single-surface samples) from the interior windowsill(s) and floor shall be collected and analyzed for lead concentrat ion in all living areas where one or more children, age 6 and under, are most likely

to come into contact with dust. (f) For multi-family dwellings and child-occupiedfacilities, the samples required in paragraph (4)(d) of this se ction shall be taken. In addition, interior window sill and floor dust samples(either composite or single-surface samples) shall be collected and

analyzed for lead concentration in the following lo cations: (i) Common areas adjacent to the sampled resident ial dwelling or child-occupied facility; and (ii) Other common areas in the building where the risk assessor determines that one or more children, age 6 and und er, are likely

to come into contact with dust. (g) For child-occupied facilities, interior windo w sill and floor dust samples (either composite or single-surf ace samples) shall be collected and analyzed for lead concentration ineach room, hallway, or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-occupied facilit y where one or more children, age 6 and under, are likely to come into contact with

dust. (h) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (i) Exterior play areas where bare soil is presen t; (ii) The rest of the yard (i.e., non-play areas) where bare soil is present; and (iii) Dripline/foundation areas where bare soil i s present. (i) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incor porate adequate quality control procedures. (j) Any collected paint chip, dust, or soil sampl es shall be analyzed according to paragraph (6) of this sectionto determine if they contain detectable levels of lead that can be quantified numerically. (k) The certified risk assessor shall prepare a r isk assessment report which shall include the following informatio n: (i) Date of assessment; (ii) Address of each building; (iii) Date of construction of buildings; (iv) Apartment number (if applicable); (v) Name, address, and telephone number of each o wner of each building; (vi) Name, signature, and certification of the ce rtified risk assessor conducting the assessment; (vii) Name, address, and telephone number of the certified firm employing each certified risk assessor if applicabl e; (viii) Name, address, and telephone number of eac h recognized laboratory conducting analysis of collected samples ; (ix) Results of the visual inspection; (x) Testing method and sampling procedure for pai nt analysis employed; (xi) Specific locations of each painted component tested for the presence of lead; (xii) All data collected from on-site testing, in cluding quality control data and, if used, the serial number of anyXRF device. (xiii) All results of laboratory analysis on coll ected paint, soil, and dust samples; (xiv) Any other sampling results; (xv) Any background information collected pursuan t to paragraph (4)(c) of this section;(xvi) To the extent that they are used as part of the lead-based

paint hazard determination, the results of any prev ious inspections or analyses for the presence of lead-based paint, o r other assessments of lead-based paint-related hazards; (xvii) A description of the location, type, and s everity of identified lead-based paint hazards and any other p otential lead
hazards; and (xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazardand a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encap sulant or

enclosure.
(5) Abatement. (a) An abatement shall be conducted only by an in dividual certified by the executive secretary, and if conduc ted, shall be conducted according to the procedures in this parag raph. (b) A certified supervisor is required for each a batement project and shall be onsite during all work site preparatio n and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certi fied supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work site in no more than 2 hours. (c) The certified supervisor and the certified fi rm employing that supervisor shall ensure that all abatement act ivities are conducted according to the requirements of this sec tion and all other federal, state, and local requirements. (d) A certified firm must notify the executive se cretary of lead-based paint abatement activities as follows: (i) Except as provided in paragraph (5)(d)(ii) of this section, the executive secretary must be notified prior to c onducting lead-based paint abatement activities. The origina l notification must be received by the executive secretary at leas t 5 business days before the start date of any lead-based paint abate ment activities; (ii) Notification for lead-based paint abatement activities required in response to an elevated blood lead leve l (EBL) determination, or federal, state, tribal, or local emergency abatement order should be received by the executive secretaryas early as possible before, but must be received no later thanthe start date of the lead-based paint abatement activities. Shou ld the start date and/or location provided to the executive secretarychange, an updated notification must be received by the executive secr etary on or before the start date provided to the executive secretary. Documentation showing evidence of an EBL determination or a copy of the federal/state/tribal/local emergency abatement orde r must be included in the written notification to take advantage of th is abbreviated notification period; (iii) Except as provided in paragraph (5)(d)(ii) of this section, updated notification must be provided to the execut ive secretary for lead-based paint abatement activities that will beg in on a date other than the start date specified in the original notif ication, as follows: (A) For lead-based paint abatement activities beg inning prior to the start date provided to the executive secreta ry an updatednotification must be received by the executive secr etary at least

5 business days before the new start date included in the notification;

and (B) For lead-based paint abatement activities beg inning after the start date provided to the executive secretary an updated notification must be received by the executive secr etary on or before the start date provided to the executive secretary; (iv) Except as provided in paragraph (5)(d)(ii) o f this section, updated notification must be provided to the execut ive secretary for any change in location of lead-based paint abatemen t activities at least 5 business days prior to the start date provi ded to the executive

secretary; (v) Updated notification must be provided to the executive secretary when lead-based paint abatement activitie s are canceled, or when there are other significant changes includi ng, but not limited to, when the square footage or acreage to be abatedchanges by more than 20%. This updated notification must be receiv ed by the Executive Secretary on or before the start date provided to t he executive secretary, or if work has already begun, within 24 hours of the change; (vi) The following must be included in each notif ication: (A) Notification type (original, updated, or canc ellation); (B) Date when lead-based paint abatement activiti es will start; (C) Date when lead-based paint abatement activiti es will end (approximation using best professional judgment); (D) Firm's name, Utah lead-based paint firm certi fication number, address, and telephone number; (E) Type of building (e.g., single family dwellin g, multi-family dwelling, and/or child-occupied facilities) on/in w hich abatement work will be performed; (F) Property name (if applicable); (G) Property address including apartment or unit number(s) (if applicable) for abatement work; (H) Documentation showing evidence of an EBL dete rmination or a copy of the federal/state/tribal/local emergency abatement order, if using the abbreviated time period as described i n paragraph (5)(d)(ii) of this section; (I) Name and Utah lead-based paint individual cer tification number of the project supervisor; (J) Approximate square footage/acreage to be abat ed; (K) Brief description of abatement activities to be performed;

and (L) Name, title, and signature of the representat ive of the certified firm who prepared the notification; (vii) Notification must be accomplished using anyof the following methods: Written notification, or electro nically using the Utah Division of Air Quality electronic notificatio n system. Written notification can be accomplished using either the s ample form titled "Lead-Based Paint Abatement Project Notification" o r similar form containing the information required in paragraph (5 )(d)(vi) of this

section. All written notifications must be deliver ed by United States Postal Service, fax, commercial delivery service, o r hand delivery on or before the applicable date. Instructions andsample forms can be obtained from the Utah Division of Air Quality L ead-Based PaintProgram web site;

(viii) Lead-based paint abatement activities shal l not begin on a date, or at a location other than that specifi ed in either an original or updated notification, in the event of c hanges to the original notification; and (ix) No firm or individual shall engage in lead-b ased paint abatement activities, as defined in R307-840-2, pri or to notifying the executive secretary of such activities accordin g to the requirements of this paragraph. (e) A written occupant protection plan shall be d eveloped for all abatement projects and shall be prepared accord ing to the following procedures: (i) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility andbe developed prior to the abatement. The occupant protection plan shal l describe the measures and management procedures that will be tak en during the abatement to protect the building occupants from ex posure to any lead-based paint hazards; and (ii) A certified supervisor or project designer s hall prepare the occupant protection plan. (f) The work practices listed below shall be rest ricted during

an abatement as follows: (i) Open-flame burning or torching of lead-based paint is prohibited; (ii) Machine sanding or grinding or abrasive blas ting or sandblasting of lead-based paint is prohibited unle ss used with High Efficiency Particulate Air (HEPA) exhaust control w hich removes particles of 0.3 microns or larger from the air at 99.97% or greater efficiency; (iii) Dry scraping of lead-based paint is permitt ed only in conjunction with heat guns or around electrical out lets or when treating defective paint spots totaling no more tha n 2 square feet in any one room, hallway, or stairwell or totaling no more than 20 square feet on exterior surfaces; and (iv) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit. (g) If conducted, soil abatement shall be conduct ed in one of the following ways: (i) If the soil is removed: (A) The soil shall be replaced by soil with a lea d concentration as close to local background as practicable, but no greater than 400 ppm; and (B) The soil that is removed shall not be used as top soil at another residential property or child-occupied faci lity; or (ii) If soil is not removed, the soil shall be pe rmanently covered, as defined in R307-840-2. (h) The following post-abatement clearance proced ures shall be performed only by a certified inspector or risk assessor: (i) Following an abatement, a visual inspection s hall be performed to determine if deteriorated painted surf aces and/or visible amounts of dust, debris, or residue are still prese nt. If deteriorated painted surfaces or visible amounts of dust, debris , or residue are present, these conditions must be eliminated prior to the continuationof the clearance procedures;

(ii) Following the visual inspection and any post -abatement cleanup required by paragraph (5)(h)(i) of this sec tion, clearance sampling for lead in dust shall be conducted. Clea rance sampling may be conducted by employing single-surface sampli ng or composite sampling techniques; (iii) Dust samples for clearance purposes shall b e taken using documented methodologies that incorporate adequate quality control procedures; (iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post-abatement cleanup activities; (v) The following post-abatement clearance activi ties shall be conducted as appropriate based upon the extent o r manner of

abatement activities conducted in or to the residen tial dwelling or child-occupied facility: (A) After conducting an abatement with containmen t between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of each of no less than four rooms, hallways, or stairwells within the cont ainment area. In addition, one dust sample shall be taken from th e floor outside

the containment area. If there are less than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, or stairwells shall be sampled; (B) After conducting an abatement with no containment, two dust samples shall be taken from each of no less than fo ur rooms, hallways, or stairwells in the residential dwelling or child- occupied facility. One dust sample shall be taken from one interior w indow sill and window trough (if present) and one dust sample shal l be taken from the floor of each room, hallway, or stairwell selec ted. If there are less than four rooms, hallways, or stairwells w ithin the residential dwelling or child-occupied facility, th en all rooms, hallways, or stairwells shall be sampled; and (C) Following an exterior paint abatement, a visi ble inspection

shall be conducted. All horizontal surfaces in the outdoor living

area closest to the abated surface shall be found t o be cleaned of visible dust and debris. In addition, a visual ins pection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surfac e abated. If paint chips are present, they must be removed from the si te and properly disposed of, according to all applicable federal, s tate, and local requirements; (vi) The rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodolo gies; (vii) The certified inspector or risk assessor sh all compare the residual lead level (as determined by the labor atory analysis) from each single surface dust sample with clearance levels in paragraph (5)(h)(viii) of this section for lead in dust on fl oors, interior window sills, and window troughs or from each compo site dust sample with the applicable clearance levels for lead in du st on floors, interior window sills, and window troughs divided b y half the number of subsamples in the composite sample. If the resi dual lead level in a single surface dust sample equals or exceeds t he applicableclearance level or if the residual lead level in a composite dust

sample equals or exceeds the applicable clearance l evel divided by half the number of subsamples in the composite samp le, the components represented by the failed sample shall be recleanedand retested;

and (viii) The clearance levels for lead in dust are 40 ug/ft 2 for floors, 250 ug/ft 2for interior window sills, and 400 ug/ft 2for window troughs. (i) In a multi-family dwelling with similarly con structed and maintained residential dwellings, random sampling f or the purposes of clearance may be conducted provided: (i) The certified individuals who abate or clean the residential dwellings do not know which residential dwelling wi ll be selected for the random sample; (ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95% level of confide nce that no more than 5% or 50 of the residential dwellings (whichev er is smaller) in the randomly sampled population exceed the appro priate clearance
levels; and (iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to th e procedures found in paragraph (5)(h) of this section. (j) An abatement report shall be prepared by a ce rtified supervisor or project designer no later than 30 bus iness days after receiving the results of final clearance testing an d all soil analyses (if applicable). The abatement report shall includ e the following

information: (i) Start and completion dates of abatement; (ii) The name and address of each certified firm conducting the abatement and the name of each supervisor assig ned to the abatement project; (iii) The occupant protection plan prepared pursu ant to paragraph (5)(e) of this section; (iv) The name, address, and signature of each cer tified risk assessor or inspector conducting clearance samplingand the date of clearance testing; (v) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laborat ory that conducted the analyses; and (vi) A detailed written description of the abatement, including abatement methods used, locations of rooms and/or c omponents where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or

enclosures. (6) Collection and laboratory analysis of samples . Any paint chip, dust, or soil samples collected pursuant to t he work practice

standards contained in this section shall be: (a) Collected by persons certified by the executi ve secretary as an inspector or risk assessor; and (b) Analyzed by a laboratory recognized by EPA pu rsuant to Section 405(b) of TSCA as being capable of performi ng analyses for lead compounds in paint chip, dust, and soil sample s. (7) Composite dust sampling. Composite dust samp ling may onlybe conducted in the situations specified in paragra phs (3) through

(5) of this section. If such sampling is conducted , the following conditions shall apply: (a) Composite dust samples shall consist of at le ast two subsamples; (b) Every component that is being tested shall be included in the sampling; and (c) Composite dust samples shall not consist of s ubsamples from more than one type of component. (8) Determinations. (a) Lead-based paint is present: (i) On any surface that is tested and found to co ntain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and (ii) On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint. (b) A paint-lead hazard is present: (i) On any friction surface that is subject to ab rasion and

where the lead dust levels on the nearest horizonta l surface underneath the friction surface (e.g., the window sill or floo r) are equal to or greater than the dust hazard levels identified i n the definition of "Dust-lead hazard" in R307-840-2; (ii) On any chewable lead-based paint surface on which there is evidence of teeth marks; (iii) Where there is any damaged or otherwise det eriorated lead-based paint on an impact surface that is cause d by impact from a related building component (such as a door knob t hat knocks into a wall or a door that knocks against its door frame ); and (iv) If there is any other deteriorated lead-base d paint in any residential building or child-occupied facilityor on the exterior of any residential building or child-occupied facil ity. (c) A dust-lead hazard is present in a residentia l dwelling or child-occupied facility: (i) In a residential dwelling on floors and inter ior window sills when the weighted arithmetic mean lead loadin g for all single surface or composite samples of floors and interior window sills are equal to or greater than 40 ug/ft 2for floors and 250 ug/ft 2for interior window sills, respectively; (ii) On floors or interior window sills in an uns ampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, resp ectively, in at least one sampled residential unit on the property; and (iii) On floors or interior window sills in an un sampled common area in a multi-family dwelling, if a dust-lead haz ard is present on floors or interior window sills, respectively, i n at least one sampled common area in the same common area group o n the property. (d) A soil-lead hazard is present: (i) In a play area when the soil-lead concentrati on from a composite play area sample of bare soil is equal to or greater than 400 parts per million; or (ii) In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmeti c mean of compositesamples) of bare soil from the rest of the yard (i. e., non-play areas)

for each residential building on a property is equa l to or greater than 1,200 parts per million. (9) Recordkeeping. All reports or plans requiredin this section shall be maintained by the certified firm or indivi dual who prepared the report for no fewer than 3 years. The certifie d firm or individual also shall provide copies of these reports to the b uilding owner who

contracted for its services.

R307-842-4. Lead-Based Paint Activities Requirements. Lead-based paint activities, as defined in R307-84 0-2, shall only be conducted according to the procedures and w ork practice

standards contained in R307-842-3 of this rule. No individual or firm may offer to perform or perform any lead-basedpaint activity as defined in R307-840-2, unless certified to perfo rm that activity according to the procedures in R307-842-2.

R307-842-5. Work Practice Requirements for Lead-Ba sed Paint Hazards. Applicable certification, occupant protection, andclearance requirements and work practice standards are found in R307-842 and in regulations issued by HUD at 24 CFR Part 35, Subpart R. The work practice standards in those regulations do not appl y when treating paint-lead hazards of less than: (a) Two square feet of deteriorated lead-based pa int per room or equivalent, (b) Twenty square feet of deteriorated paint on t he exterior building, or (c) Ten percent of the total surface area of dete riorated paint on an interior or exterior type of component with asmall surface

area.

KEY: paint, lead-based paint, lead-based paint abatement

Date of Enactment or Last Substantive Amendment: May 3, 2012 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(i)