Agency: Wisconsin Department of Health Services

Contact Name: Shelley Bruce

Title: Asbestos and Lead Certification Proaram Supervisor

Address: Asbestos and Lead Section

1 West Wilson Street. Room 137

P0 Box 2659

Madison WI 53701-2659

Telephone: 608-267-0928

Fax: 608-266-9711

E-mail: sheIIey.bruce(wisconsin.gov

Agency:

Contact Name:

Title:

Address:

Telephone:

Fax:

E-mail:
delimit basic program scope and applicability.

. citations List of corresponding Comment or analysis Comparison

Q) State authority citations - (as, more, or less

-DUS 163 protective)

(745.223) 163.03 (2), (19), (47) and WI rule defines ‘accreditation,’ ‘contingent As protective

(111) accreditation,’ ‘full accreditation.’ and ‘training

program.’ Scope and applicability are similar to EPA.

163.03 (10), (66), and (82) WI rule defines ‘lead company’ and ‘lead-safe As protective

company’ and separately defines ‘certification’ as an

approval status granted by the department. 163.12

requires a company to be certified by the department

before it may conduct regulated lead activities.

4583) 163.03 (l3m) Same as EPA definition As protective

83) 163.03 (13) WI definition is similar to but has more extensive More protective

scope, because it includes all areas, including common

areas, generally accessible to children. WI definition

does not exclude hallways, stairways, etc. used by

children in mixed-use buildings.

163.03 (16) WI definition clearly includes the building and the As protective

property, interior and exterior, that are generally

accessible to occupants. A note lists several building

areas generally considered to be common areas.

ponent 163.03 (17) WI definition is similar to EPA definition. As protective

h (745.83) 163.03 (3 Im) WI definition is the same as the EPA definition As protective

163.03 (80), WI defines Lead Sampling Technician at 163.03 (80), As protective

163.14 (5) and at 163.14 (5) describes the clearance requirements for

163.14 (1 1) (m) conducting clearance and report preparation, and at

163.14 (5) limits clearance conducted by sampling

technicians to renovation or interim control activities.

Duties under the federal language are similar as

described under WI rules.

urse 163.20 (8) (b) 1. OHS 163 requires 8 training hours and 3 hours of More protective

hands-on training. This is compares favorably with

EPA’s requirement for 8 training hours and 2 hours of

hands-on training. In WI a training hour is 60 minutes

and for EPA it is 50 minutes. Overall, the WI rule

provides more training time and more hands-on time.

tions 163.03 (40m) and EPA does not define but does describe emergency More protective

163.14 (1 1) (o) renovation requirements. WI defines emergency

renovation and provides work practices for emergencies
at 163.14 (11) (o). WI definition and work practices

are similar to EPA’s discussion at 745.82(b).

However, EPA includes interim controls as ‘ emergency

renovations,’ thus making them exempt from certain

renovation work practice requirements. Under WI rule,

interim controls, which are often conducted because a

child has been lead-poisoned, are not excluded from the

_____________________

RRP provisions.

163.03 (52) and (53) WI defines both HEPA filter and HEPA vacuum— As protective

; similarly to EPA’s definition.

WI does not define. NA

WI does not define. NM

163.03 (74) and Similar definition, except WI definition does not As protective

163.14 (8) include provision of the report. DHS 163.14 (8), under

work practices, includes inspection report requirements.

163.03 (58m) WI’s definition is very similar to EPA’s definition As protective

163.03 (61) WI definition is triggered at a lower percentage (0.06%) More protective

of lead by weight and a lower weight of lead per square

centimeter (0.7 mg/c 2)than the EPA definition of 0.5%

lead by weight and 1.0 milligrams lead per square

centimeter.

g (745.103) 163.03 (8) and (68) WI defines ‘certificate of lead-free status’ and ‘lead- More protective based

Subchapter V free inspection’ and has specific requirements in Subch. on WI definition of

V that a dwelling or child-occupied facility must meet lead-based paint

to quali’ as lead-free.

5.63) 163.03 (63) WI definition is more protective in that its definition of More protective

lead-based paint is more protective than EPA and

would cause deteriorated paint or paint on friction,

impact or chewed surfaces to be found to be a lead

hazard based on the more stringent definition of leadbased paint than would EPA’s definition.

activities 163.03 (85m) WI definition is very similar to EPA definition. As protective

223) 163.03 (86) and (38) WI defmition is very similar to EPA definition. As protective

163.03 (88m) Wi definition is very similar to EPA definition. As protective

ification 163.03 (l3g) WI protocol is structure somewhat differently from As protective

163.14 (11) (k) and (L) EPA’s but the standards are nearly identical and are

functionally equivalent.

163.03 (96m) WI definition requires a recognized test kit to meet a More protective

standard that is more stringent than EPA based on the

WI definition of lead-based paint.

163.03 (lOOm) WI defmition is more broadly written than EPA’s, but As protective
I covers the same types of buildings and activities.

Both definitions exclude abatement and minor repair

and maintenance and the WI definition additionally

excludes razing an entire building since this is not a

modification to, but rather a destruction of, a building.

163.03 (83) WI defines ‘lead-safe renovator’ similarly to the EPA. As protective

)(6)(vi) 163.20 (8) (a) 1. WI calls this course the Lead-Safe Renovation course. As protective

WI requires the same number of instructional hours,

‘ including hands-on training hours as does EPA. In WI

training hours are defined as 60 minutes and may,

therefore, result in additional classroom training time.

163.03 (106) WI definition is similar to EPA definition. As protective

163.03 (109) WI training hour is 60 minutes of instruction compared More protective

with 50 minutes in the EPA definition. WI allows 2 15

minute breaks during the day but does not include lunch

; time in the training hour requirements for a course. An

8 hour course under EPA would have 400 minutes of

instruction and under WI rule would have 450 minutes

of instruction, allowing for more in-depth coverage of

topics or additional hands-on practice time.

h (745.83) 163.03 (1 14g) WI definition same as EPA’s. As protective

3) 163.03 (1 14r) WI definition same as EPA’s. As protective

163.03 (35) and (36) WI definitions do not reference specific sampling As protective

: methodologies as does EPA’s, but requires the use of

“documented methodologies” or “documented

protocols” for collecting dust samples to allow

flexibility for using evolving technology and methods.

163.03 (18) WI defines ‘containment’ rather than work area but the As protective

definition is functionally similar to the EPA definition

of work area and both address the containment of dust

and debris generated or created by the work.
r program elements & performance objectives relating to pre-renovation education programs requiring the distribution of lead

& occupants of target housing and child-occupied facilities before renovations for compensation.

. citations

Q)

nd Tribal

irements

azard

ccupants of

upied

for

at the

include

Right”

ackage of

viewed and

Comment or analysis Comparison (as,

more, or less

protective)

WI rule provides detailed requirements and procedures

for pre-renovation education. It closely follows the

EPA information distribution requirements found at

745.84 and fully addresses this program element.

The pamphlet is defined at 163.03 (88m) as the EPA

pamphlet titled “Renovate Right or another

pamphlet approved by the department and EPA. The

WI rule fully addresses this program element as

specified by EPA

List of corresponding

State authority citations

—DHS 163

163.14 (10). As protective

rds for 163.03 (lOOm) 163,03 (lOOm) defines renovation. 163.10 (1) (bm) As protective

ties that 163.10 (1) (bm), requires a person to follow the work practice and all

bution 163.13 (1 1), and other requirements under the chapter when performing

163.14 (10) or supervising renovation activities. 163.13 (11)

requires the renovation company to meet the pre

renovation education information distribution

requirements under 163.14 (10). 163.14 (10) provides,

in detail, the requirements and procedures to use for

infornntion distribution, which are the same as EPA’s.

the lead 163.14 (10) Procedures in 163.14 (10) are the same as EPA’s As protective

s & procedures at 745.84.

ld-occupied

activities.

163.03 (88m) and

163.14 (10)

As protective
r program elements & performance objectives relating to renovation training, certification, accreditation and work practice

citations List of corresponding Comment or analysis Comparison

Q) State authority citations - (as, more, or less

- PItS 163 protective)

es & 163.20, Wisconsin has been approved by EPA to accredit lead As protective

ation of 163.21, courses since 1999 and has long-established procedures

g technician 163.22, and requirements for accrediting training programs as

163.23, 163.24 and described in this application. The procedures used to

163.25 accredit the Lead-Safe Renovation courses are the same

as used to approve all other lead courses. The Lead

Sampling Technician initial and refresher training

courses have been included in ch. DUS 163 since 2002.

g curricula. 163.20 (8) Training course hours, hands-on hours, skills At least as protective

assessment requirements, detailed learning objectives

(including skills objectives), teaching methods and

course test requirements are detailed for the lead-safe

renovation and lead sampling courses.

g hours. 163.20 (8) (a) 1., (b) I. and In WI a training hour is 60 minutes. The Lead-Safe More protective

(c) 7. and 8. Renovation and Lead Sampling courses each require 8

I training hours, the Lead-Safe Renovator refresher

course requires 4 training hours, and the Lead Sampling

Technician refresher course requires 2 training hours.

Refresher training is required every 2 years for the Lead

Sampling Technician discipline and every 4 years for

the Lead-Safe Renovator discipline. This compare

favorably with the EPA requirement for 4 hours of

refresher training for both disciplines every 5 years.

163.20 (8) (a) 1. and (b) 1. Hands-on training minimum hours are 2 hours for the As protective

Lead-Safe Renovation course and 3 hours for the Lead

Sampling course. Each course has detailed learning

objectives, including specific skills learning objectives

that require a sffident to be able to demonstrate the skill.

Refresher courses are also required to include

appropriate hands-on training.

163.20 (8) (h) and (i) Specific course test requirements are detailed in (h), As protective

and (i) covers student hands-on skills assessment

requirements. These requirements have been accepted

by EPA as WI accreditation standards for existing lead

courses and remain consistent with EPA’s

____________ requirements.
g program 163.20 (8) (g) and Training providers are required to submit a quality As protective

163.25 (9) control plan that meets requirements of 163.25 (9),

I including annual review of instructor competencies and

I of course materials and course tests. This provision

satisfies EPA’s requirement for a quality control

program.

ditation of 163.23 The WI accreditation program was approved by EPA in As protective

1999 and will be administered the same for the LeadSafe Renovation courses as it already is for the Lead

Sampling courses. Course accreditation periods are 2

or 4 years. Courses with contingent approval are

accredited for 2 years and may be renewed for one

additional 2-year perioi Thereafter the course would

be required to be resubmitted in full as an original

course application. Courses with full approval may

renew for either 2 or 4 year periods at the provider’s

discretion.

t of training 163.22 and Requirements and authority for the review of course As protective

163.23 (4) and (5) curricula and materials and for training course audits.

ThQ department is required to conduct onsite full course

audits of all courses with contingent approval and may

conduct other audits at any time. A course audit does

not require and is usually conducted without pre

notification to the provider. WI provisions provide for

appropriate oversight of training programs and meet

EPA requirements.

on, 163.22 (4) (a), (b) and (c) The department may suspend or revoke accreditation, As protective

f training and 163.32 reduce accreditation from Ml to contingent and require

course changes, or just require course changes. The WI

provisions fully address the EPA requirement that the

program have procedures and standards for the

suspension, revocation, or modification of training

program accreditations.

novation 163.11 (1) (b) The department accepts training accredited by EPA or As protective

roviders an EPA-authorized state or tribe if the department

or Tribal determines the course is comparable to the Wisconsin

under this course and was held in the state where the accrediting

program has authority.
dures &

ation of

g

& firms,

s be

certUied

fied

accredited

WI requires companies and individual lead-safe

renovators to be department-certified to conduct

renovations. Exceptions to certification in 163.10 (1)

(c) relate to a statutory limitation to DHS authority to

certify persons holding specific credentials issued by

the Dept. of Commerce under Wis. Stat. § 101.178

(HVAC and fire sprinkler installers/servicers) or Wis.

Stat. ch. 145 (plumbers). Their regulated activities,

however, must be within the scope of their credentials.

This exemption applies only to certification, and all

other requirements of the rule apply, including training,

work practices and recordkeeping. The exempt

individuals are required to either complete lead-safe

renovation training or to be trained by and under the

supervision of a certified lead-safe renovator when

performing regulated work. The department may take

enforcement actions against these individuals including

stop work orders, other orders and monetary forfeitures,

and may work with the Dept. of Commerce to revoke

their Commerce licenses.

Because in Wisconsin both companies and

individuals will be required to be department-certified,

the department may deny, suspend or revoke

certifications of individuals as well as companies,

something EPA will not be able to do.

The WI provisions satisfy the EPA requirement that the

program establish procedures and requirements for

individual certification that ensure that renovators are

trained by an accredited training program. Certification

training requirements include completing accredited

initial training and accredited refresher training, and

maintaining proof of training.

163.10 and 163.12 As protective

163.11 As protective

on. 163.10 (8) The WI rule provides procedures and requirements for More protective

re-certification. Lead-safe renovators apply for and

• renew their department-certifications every 2 years and

complete refresher training every 4 years, as compared

with the EPA rule that requires refresher training every

5 years with no requirement for EPA-issued -

certification.

revoking or 163.30, 163.30 has clear procedures and reasons for denying, As protective

163.31 (4) and suspending, or revoking or ordering modification to a

163.32 (4), (5) and (6) certification.
ctice

163.10 (1) (bm) and (c)

163.14(11)

and

(a)

The work practice standards are clearly described and

include who may conduct renovations, the use of leadsafe work protocol, supervision requirements, occupant

protection requirements, interior and exterior lead-safe

work practices, prohibited practices, waste handling,

cleaning, visual inspection and cleaning verification.

WI’s rule requires a certified company whenever

conducting a regulated renovation activity. Persons

conducting regulated renovations must be affiliated

with a certified company and a department-certified

lead-safe renovator must be assigned to oversee the

renovation. The EPA regulation requires ‘certified’

renovators to be trained but not to apply for EPA-issued

certification. The WI rule requires department-issued

individual certification in addition to company

certification, with exemptions for three trades -

plumbers, HVAC and fire sprinkler system

installers/servicers. However, these trades are not

exempt from the training, work practice and

recordkeeping requirements similar to EPA’s certified

renovator, and are therefore, equivalent to EPA’s

‘certified’ renovator requirements. Protections are in

place in WI rule to assure proper training of all persons

conducting regulated activities and to provide for

regulatory enforcement actions for failure to comply

with the regulations.

163.14(11)

must be

contractors.

At least as protective

As protective

are 163.13 (9) The lead-safe work practice requirements in DHS 163 More protective

y and and are very similar to and functionally equivalent to those

practices 163.14(11) in the EPA regulation. The ‘WI rule includes prohibited

to practices that are more protective than ‘s, including

s in prohibiting high pressure water blasting, use of an

improperly operating HEPA vacuum and dry sweeping

in the work area.

tractors 163.13 (3) (c) WI recordkeeping requirements for companies are very As protective

ds. similar to those in the EPA regulations and are clearly

________ listedatl63.13(3)(c).