ProgramElementslI.B.1. State or Tribal Primary and/or Secondary Administering Agencies(‘745.324(b)o)) a. Please list the name of the State or Tribal agency(s) that is or will be responsible for administering and enforcing the program, the name of the official in the agency(s) designated as the point of contact with EPA, and addresses and phone numbers where the official(s) can be contacted:Agency:WisconsinDepartmentofHealthServicesContactName:ShelleyBruceTitle:AsbestosandLeadCertificationProaramSupervisorAddress:AsbestosandLeadSection1WestWilsonStreet.Room137P0Box2659MadisonWI53701-2659Telephone:608-267-0928Fax:608-266-9711E-mail:sheIIey.bruce(wisconsin.govAgency:ContactName:Title:Address:Telephone:Fax:E-mail:Table A —Key definitions that delimit basic program scope and applicability. List of applicable EPA Keg. citations List of corresponding Comment or analysis Comparison

(40 CFR 745 subparts E/LIQ) State authority citations - (as, more, orless -DUS 163 protective) Accredited training program (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. Certified firm (745.223) 163.03 (10), (66), and (82) WI rule defines ‘lead company’ and ‘lead-safe As protective company’ and separately defines ‘certification’ asan approval status granted bythe department. 163.12 requires a company tobe certified bythe department

before itmay conduct regulated lead activities. Cleaning verification card (74583) 163.03 (l3m) Same as EPA definition As protective Child-occupied facility (745.83) 163.03 (13) WI definition is similar tobut 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. Common area (745.223) 163.03 (16) WI definition clearly includes the building and the As protective property, interior and exterior, that are generally accessible to occupants. Anote lists several building areas generally considered tobe common areas. Component or building component 163.03 (17) WI definition is similar to EPA definition. As protective i (745.83) :Dry disposable cleaning cloth (745.83) 163.03 (3Im) WI definition isthe same asthe EPA definition As protective Dust sampling technician 163.03 (80), WI defines Lead Sampling Technician at 163.03 (80), As protective (745.90(c)) & (745.85(c)) 163.14 (5)and at 163.14 (5) describes the clearance requirements for 163.14 (11)(m) conducting clearance and report preparation, andat 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. Dust sampling technician course 163.20 (8)(b)1. OHS 163 requires 8 training hours and3 hours of More protective (745.225(c)(vii)) hands-on training. Thisis compares favorably with EPA’s requirement for8 training hours and2 hours of hands-on training. InWIa training houris60 minutes and for EPAitis50 minutes. Overall, theWI rule provides more training time and more hands-on time. Emergency renovation operations 163.03 (40m) and EPA does not define but does describe emergency More protective (745.82(b)) 163.14 (11)(o) renovation requirements. WI defines emergency renovation and provides work practices for emergenciesat 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. HEPA vacuum (745.83) 163.03 (52) and (53) WI defines both HEPA filter and HEPA vacuum— As protective ; similarly to EPA’s definition. Indian Country (745.323) WI does not define. NA Indian Tribe (745.323) WI does not define. NM Inspection (745.223) 163.03 (74) and Similar definition, except WI definition does not As protective 163.14 (8) include provision ofthe report. DHS 163.14 (8), under work practices, includes inspection report requirements. Interim controls (745.83) 163.03 (58m) WI’s definition is very similar to EPA’s definition As protective Lead-based paint (745.103) 163.03 (61) WI definition is triggered ata lower percentage (0.06%) More protective of lead by weight anda 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. Lead-based paint free housing (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 thata dwelling or child-occupied facility must meet lead-based paint to quali’ as lead-free. Lead-based paint hazard (745.63) 163.03 (63) WI definition is more protective in thatits 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 tobe found tobealead hazard based onthe more stringent definition of leadbased paint than would EPA’s definition. Minor repair & maintenance activities 163.03 (85m) WI definition is very similar to EPA definition. As protective (745.83) Multi-family dwelling (745.223) 163.03 (86) and (38) WI defmition isvery similar to EPA definition. As protective Pamphlet (745.83) 163.03 (88m) Wi definition is very similar to EPA definition. As protective Post-renovation cleaning verification 163.03 (l3g) WI protocol is structure somewhat differently from As protective (745.85(b) 163.14 (11) (k) and (L) EPA’s but the standards are nearly identical and are functionally equivalent. Recognized test kit (745.83) 163.03 (96m) WI definition requires a recognized testkitto meet a More protective standard thatis more stringent than EPA based onthe L WI definition of lead-based paint. Renovation (745.83) 163.03 (lOOm) WI defmition is more broadly written than EPA’s, but As protectiveI covers the same types of buildings and activities. Both definitions exclude abatement and minor repair

and maintenance and theWI definition additionally excludes razing an entire building since thisisnota modification to,but rather a destruction of,a building. Renovator (745.83) 163.03 (83) WI defines ‘lead-safe renovator’ similarly tothe EPA. As protective Renovator course (745.225(c)(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. InWI training hours are defined as60 minutes and may, therefore, result in additional classroom training time. Target housing (745.223) 163.03 (106) WI definition is similar to EPA definition. As protective Training hour (745.83) 163.03 (109) WI training houris60 minutes of instruction compared More protective with 50 minutes inthe EPA definition. WI allows 215 minute breaks during the day but does not include lunch ;timeinthe training hour requirements fora course. An 8hour 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. Wet disposable cleaning cloth (745.83) 163.03 (114g) WI definition same as EPA’s. As protective Wet mopping system (745.83) 163.03 (114r) WI definition same as EPA’s. As protective Wipe sample (745.63) 163.03 (35) and (36) WI definitions donot reference specific sampling As protective : methodologies asdoes EPA’s, but requires theuseof “documented methodologies” or “documented protocols” for collecting dust samples to allow flexibility for using evolving technology and methods. Work area (745.83) 163.03 (18) WI defines ‘containment’ rather than work area butthe As protective definition is functionally similar tothe EPA definition of work area and both address the containment ofdust and debris generated or created bythe work.Table B — PRE Programs: For program elements & performance objectives relating to pre-renovation education programs requiring the distribution oflead hazard information to owners & occupants of target housing and child-occupied facilities before renovations for compensation. List of applicable EPA Reg. citations

(40 CFR 745 subparts EILIQ) 745.326 Renovation: State and Tribal program requirement. (a)(J) — procedures and requirements forthe distribution oflead hazard information to owners and occupants of target housing and child-occupied facilities before renovations for compensation. 745.326(b)(3) — requiring that the information tobe distributed include either the EPA’s “Renovate Right” pamphlet, oran alternative package of information that has been reviewed and approved by EPA. Comment or analysis Comparison (as, more, orless _________________________________________________ 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) asthe 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 745.326(b)(l) — clear standards for 163.03 (lOOm) 163,03 (lOOm) defines renovation. 163.10 (1) (bm) As protective identifying renovation activities that 163.10 (1) (bm), requires a person to follow the work practice and all trigger the information distribution 163.13 (11), and other requirements under the chapter when performing requirements. 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 touse for infornntion distribution, which are the same as EPA’s. 745.326(b)(2) — distributing the lead 163.14 (10) Procedures in 163.14 (10) are the same as EPA’s As protective hazard information to owners & procedures at 745.84. occupants of housing and child-occupied

facilities prior to renovation activities. 163.03 (88m) and 163.14 (10) As protectiveTable C - REP Programs: For program elements & performance objectives relating to renovation training, certification, accreditation and work practice standards. List of applicable EPA Reg. citations List of corresponding Comment or analysis Comparison (40 CFR 745 subparts EIL/Q) State authority citations - (as, more, or less -PItS 163 protective) 745. 326(a) (2)(i) - Procedures & 163.20, Wisconsin has been approved by EPA to accredit lead As protective requirements for the accreditation of 163.21, courses since 1999 and has long-established procedures renovation and dust sampling technician 163.22, and requirements for accrediting training programs as training pro grams 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 inch. DUS 163 since 2002. 745.326(c)(1)(i)(A) — training 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. 745.326(c)(l)(i)(B)

— training hours. 163.20 (8)(a)1.,(b)I.and InWIa training houris60 minutes. The Lead-Safe More protective (c)7.and8. 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 4years for the Lead-Safe Renovator discipline. This compare favorably with the EPA requirement for4 hours of refresher training for both disciplines every 5 years. 745 .326(c)( 1 )(i)(C) - 163.20 (8)(a)1.and(b)1. Hands-on training minimum hours are2 hours forthe As protective hands-on training. Lead-Safe Renovation course and3 hours forthe Lead Sampling course. Each course has detailed learning objectives, including specific skills learning objectives that require a sffident tobe ableto demonstrate the skill. Refresher courses are also required to include appropriate hands-on training. 745.326(c)(1)(i)(D) — trainee 163.20 (8)(h)and (i) Specific course test requirements are detailed in(h), As protective competency and proficiency. and (i) covers student hands-on skills assessment requirements. These requirements have been accepted by EPA asWI accreditation standards for existing lead courses and remain consistent with EPA’s ________________________________________ requirements.I 745.326(c)(l)(i)(E) — training program 163.20 (8)(g)and Training providers are required to submit a quality As protective quality control. 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 fora quality control program. 745.326(c)(1)(ii) — re-accreditation of 163.23 The WI accreditation program was approved by EPA in As protective training programs. 1999 and willbe administered the same forthe LeadSafe Renovation courses asit already isforthe Lead Sampling courses. Course accreditation periods are2 or4 years. Courses with contingent approval are accredited for2years and maybe renewed forone additional 2-year perioi Thereafter the course would be required tobe resubmitted infullasan original course application. Courses with full approval may renew for either 2or4year periods atthe provider’s discretion. 745.326(c)(1)(iii)— oversight of training 163.22 and Requirements and authority forthe review of course As protective programs. 163.23 (4)and(5) curricula and materials andfor training course audits. ThQ department is required to conduct onsite full course audits ofall courses with contingent approval and may conduct other audits atany time. A course audit does not require andis usually conducted without pre notification tothe provider. WI provisions provide for appropriate oversight of training programs and meet EPA requirements. 745 .326(c)( 1)(iv) — suspension, 163.22 (4)(a),(b)and(c) The department may suspend or revoke accreditation, As protective revocation, or modification of training and 163.32 reduce accreditation from Mlto contingent and require program accreditations. course changes, orjust require course changes. The WI provisions fully address the EPA requirement that the

program have procedures and standards forthe suspension, revocation, or modification of training program accreditations. 745.326(c)(2) — accepting renovation 163.11 (1)(b) The department accepts training accredited by EPA or As protective training offered by training providers an EPA-authorized state ortribe ifthe department accredited by EPA oraState or Tribal determines the course is comparable tothe Wisconsin

program authorized by EPA under this course and was heldinthe state where the accrediting subpart, program has authority.745.326(a) (2) (ii-iv) — Procedures & requirements for the certfi cation of renovators and dust sampling technicians, and individuals & firms,

requiring that all renovations be conducted by appropriately certUied individuals and/or firms. 745.326(d)(1) — ensure certified renovators are trained byan accredited training program. WI requires companies and individual lead-safe renovators tobe department-certified to conduct renovations. Exceptions to certification in 163.10 (1) (c) relate toa 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) orWis. Stat. ch.145 (plumbers). Their regulated activities, however, must be within the scope of their credentials. This exemption applies onlyto certification, andall other requirements ofthe rule apply, including training, work practices and recordkeeping. The exempt individuals are required to either complete lead-safe renovation training ortobe trained byand under the supervision ofa 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 willbe required tobe department-certified, the department may deny, suspend or revoke certifications of individuals aswellas companies, something EPA will notbe abletodo. The WI provisions satisfy the EPA requirement that the program establish procedures and requirements for individual certification that ensure that renovators are trained byan 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 745.3 26(d)(2) — re-certification. 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 2years and complete refresher training every 4 years, as compared with the EPA rule that requires refresher training every 5years with no requirement for EPA-issued - certification. 745.326(d)(3)

— suspending, revoking or 163.30, 163.30 has clear procedures and reasons for denying, As protective modifying certifications. 163.31 (4)and suspending, or revoking or ordering modification toa 163.32 (4),(5)and(6) certification.745. 326(a) (2,)(v) —work practice standards for the conduct of renovations. 163.10 (1) (bm) and(c) and 163.14(11) (a) The work practice standards are clearly described and include who may conduct renovations, theuseof 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 witha certified company anda department-certified lead-safe renovator must be assigned to oversee the renovation. The EPA regulation requires ‘certified’ renovators tobe trained but notto 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 arenot exempt from the training, work practice and recordkeeping requirements similar to EPA’s certified renovator, andare therefore, equivalent to EPA’s ‘certified’ renovator requirements. Protections arein place inWI ruleto assure proper training ofall persons conducting regulated activities andto provide for regulatory enforcement actions for failure to comply with the regulations. 163.14(11) 745326(e)(l)

— renovations must be conducted only by certified contractors. At least as protective As protective 745 .326(e)(2)

— renovations are 163.13 (9) The lead-safe work practice requirements in DHS 163 More protective conducted reliably, effectively and and are very similar toand functionally equivalent to those safely, using lead-safe work practices 163.14(11) inthe EPA regulation. The ‘WI rule includes prohibited that areatleast as protective to practices that are more protective than ‘s, including occupants asthe requirements in prohibiting high pressure water blasting, useofan

§745.85. improperly operating HEPA vacuum and dry sweeping inthe work area. 745 .326(e)(3) — certified contractors 163.13 (3)(c) WI recordkeeping requirements for companies are very As protective must retain appropriate records. similar to those inthe EPA regulations andare clearly I_________________________ listedatl63.13(3)(c).