# STATE OF UTAH

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION OF AIR QUALITY

TSCA 402(c) Renovation, Repair, and Painting Rule

Program Authorization Application

# STATE OF UTAH

TSCA 402(c) LEAD RENOVATION, REPAIR, AND

PAINTING RULE

PROGRAM AUTHORIZATION APPLICATION

Toxic Substances Control Act §402(c) Lead Renovation, Repair, and Painting Rule U. S. Environmental Protection Agency

State of Utah Department of Environmental Quality Division of Air Quality

Contact Name: M. Cheryl Heying, Division Director

Robert W. Ford, Air Toxics, Lead-Based Paint, and A sbestos Section Manager

Agency: Utah Department of Environmental Quality

Division of Air Quality

Title: Utah Lead-Based Paint Certification, Accre ditation and Work Practice

Standards Program

Address: 195 North 1950 West

P.O. Box 144820 Salt Lake City, Utah 84114-4820

Telephone: Mrs. Heying: (801) 536-4000

Mr. Ford: (801) 536-4451

Fax: (801) 536-4099

E-Mail: Mrs. Heying: cheying@utah.gov

Mr. Ford: rwford@utah.gov

# PROGRAM APPLICATION CONTENTS

1) Utah Lead-Based Paint Program - Letters

Governor's Transmittal Letter

Governor's Program Certification Letter

Attorney General's Adequate Regulatory Authority Le tter

2) Utah Lead-Based Paint Program - Rulemaking and Public Notice Process for the Intent to

Seek EPA Program Authorization

3) Utah Lead-Based Paint Program - Program Sum mary

4) Utah Lead-Based Paint Program - Program Des cription

5) Utah Lead-Based Paint Program - Program Ana lysis

6) Utah Lead-Based Paint Program - Enforcement and Compliance Program Description

7) Appendices

Appendix 1 - Utah Administrative Rulemaking Act - 6 3-46a, Utah Code Annotated

(UCA)

Appendix 2 - Utah Administrative Rules - R15, Utah Administrative Code (UAC)

Appendix 3 - Enrolled Copy of Senate Bill 118 (1998 General Session)

Enrolled Copy of House Bill 165 (2003 General Sessi on)

Appendix 4 - Lead-Based Paint Accreditation, Certi fication and Work Practice

Standards - R307-840, UAC

Appendix 5 - General Requirements - R307-101-102, U AC

Appendix 6 - Title 40 Code of Federal Regulations (CFR) 745 - Lead-Based Paint

Poisoning Prevention in Certain Residential Structu res

Appendix 7 - Utah Administrative Procedures Act - 6 3-46b, UCA

Appendix 8 - Utah Environmental Quality Code - 19-1 , UCA

Appendix 9 - Utah Air Conservation Act - 19-2, UCA

# UTAH LEAD-BASED PAINT PROGRAM

LETTERS

# UTAH LEAD-BASED PAINT PROGRAM

RULEMAKING AND PUBLIC NOTICE PROCESS

FOR THE INTENT TO SEEK

EPA PROGRAM AUTHORIZATION

# UTAH LEAD-BASED PAINT PROGRAM

RULEMAKING AND PUBLIC NOTICE PROCESS FOR
THE INTENT TO SEEK EPA PROGRAM

AUTHORIZATION

The State of Utah combined the public notice proces s of intent to seek Lead-Based Paint (LBP) Program authorization from the U. S. Environmental Protection Agency (USEPA) and to accept public comment for Utah LPB administrative rules in the same meeting. The hearings were combined so that the public could make comment to the Utah D epartment of Environmental Quality/ Division of Air Quality (UDEQ/DAQ) on both subjects simultaneou sly. The public comment period officially started through publication in the Utah State Bulletin on February 1, 2010 and closed on March 3, 2010. The UDEQ/DAQ also published announcements in the Salt Lake Tribune and the Deseret Morning News announcing the Utah LBP Program public comment period and hearing. The public hearing was held on February 25, 2010 at 1:00 PM in the Utah Department of Environmental Quality offices at 168 North 1950 West, Salt Lake City, Uta h. No written or oral comments were received by the UDEQ/DAQ during the hearing or public commen t period relating to the rulemaking or to the intent of the UDEQ/DAQ to seek LBP Program authoriz ation from the USEPA.

The UDEQ/DAQ rulemaking process must follow the req uirements outlined in the Utah Administrative Rulemaking Act (63-46a, Utah Code An notated (UCA))(Appendix 1) and the procedures outlined in Utah Administrative Rules, U tah Administrative Code (UAC))(Appendix 2). To help document the public hearing process, this s ection of the Utah LBP Program approval application includes copies of the February 1, 2010 Utah State Bulletin , newspaper proofs of publication, LBP Public Hearing Statement, Public H earing Roster, and the March 16, 2010 Memorandum from Robert W. Ford to the Utah Air Qual ity.

# UTAH LEAD-BASED PAINT PROGRAM

PROGRAM SUMMARY1



# UTAH LEAD-BASED PAINT PROGRAM

RENOVATION, REPAIR, AND PAINTING PROGRAM

SUMMARY

Legislative Summary

During the 1998 Utah legislative session, Senate Bi ll 118 (SB 118) (see Appendix 3) was unanimously passed by both the House and the Senate . SB 118 amended Utah Code Annotated (UCA) Section 19-2-104 of the Utah Air Conservation Act which provides authority for the Utah Air Quality Board (Board) to make administrati ve rules for a Utah Lead-Based Paint (LBP) Program. The legislation specifically gives author ity to the Board to make rules for training, certification and performance requirements in accor dance with the Section 402 and 404 of Subchapter IV of the Toxic Substances Control Act ( TSCA). SB 118 also provides the Board with the authority to establish work practice, cert ification and clearance sampling requirements for persons who conduct LBP inspections in faciliti es subject to TSCA Title IV.

The Utah Attorney General's Office reviewed the con tent of SB 118 prior to enactment and determined that SB 118 would provide the Board with the necessary legislative authority to develop a Utah LBP Program that is as protective as the Federal LBP Program (Title 40 Code of Federal Regulations (40 CFR) Part 745).



## Administrative Rule Summary

On January 6, 2010, the Utah Department of Environm ental Quality/Division of Air Quality (UDEQ/DAQ) provided the Board with a proposed modif ication to our existing administrative rule (Utah Administrative Code (UAC) R307-840 - Lea d-Based Paint Accreditation, Certification and Work Practice Standards) to estab lish the rules necessary for the Utah LBP Program to administer 40 CFR 745 Subpart E - Reside ntial Property Renovation which is otherwise known as the Renovation, Repair, and Pain ting Rule. UAC R307-840, R307-841, and R307-842 substantially adopt 40 CFR 745 - Subpart E by reference.

On April 7, 2010, the UDEQ/DAQ reported back to the Board that no public comments were received during the public hearing period. The Boa rd subsequently adopted the UDEQ/DAQ proposed modifications to the existing version of U AC R307-840 (Appendix 4) with an effective date of April 7, 2010.2

UAC R307-840, R307-841, and R307-842 incorporate th e federal regulation with a few modifications to facilitate LBP program implementat ion by the State of Utah. The UDEQ/DAQ considers these modifications necessary to implemen t an effective LBP program and also considers these modifications to be as protective t o human health and the environment as the federal LBP program. The following paragraphs prov ide a brief summary of the three sections in UAC R307-840. Each section will identify which par ts of the federal regulations in 40 CFR 745 - Subpart E are adopted by reference and gives a br ief overview of the contents of each section.

Throughout UAC R307-840, R307-841, and R307-842, wh ere appropriate, references to "EPA" (the U.S. Environmental Protection Agency) have bee n replaced with "the Executive Secretary" (meaning Executive Secretary of the Utah Air Qualit y Board) when "EPA" is used for LBP program administrative activities.

R307-840 Lead-Based Paint Program Purpose, Applic ability, and

Definitions.

This section substantially adopts 40 CFR 745.83 and 745.220 by reference. Where appropriate, references to federal rules were repla ced with the corresponding reference to the DAQ LBP rule. Additionally, identical provi sions that had separate definitions in different subparts of the federal regulation were r eplaced by the most stringent

definition.

R307-841 Residential Property and Child-Occupied Facility Renovation.

This section substantially adopts 40 CFR 745.80, 74 5.81, 745.82, 745.84, 745.85, 745.86, 745.89, 745.90 and 745.91(a) from the feder al LBP regulations by reference. This section of the Utah LBP rule outlines the requ irements for Utah LBP Rule purpose, effective dates, applicability, informatio n distribution requirements, work practice standards, recordkeeping and reporting, an d firm and renovator certification regulations as they apply to the Utah Renovation, R epair, and Painting Rule. The

federal rule was also modified to better conform to State rule formatting and punctuation and references to federal rules were re placed with the corresponding reference to the DAQ LBP rule. References to fee re funds were also removed as fees are nonrefundable per State of Utah policy.

R307-842 Lead-Based Paint Activities.

This section was modified to incorporate changes ma de by federal RRP regulations in

40 CFR 745.225 and 745.226. The federal rule was also modified to better conform to State rule formatting and punctuation and refere nces to federal rules were replaced with the corresponding reference to the DAQ LBP rul e. Finally this section was also modified to include fees for renovator, dust sampli ng technician and firm certification.3

# UTAH LEAD-BASED PAINT PROGRAM

PROGRAM DESCRIPTION1



# UTAH LEAD-BASED PAINT PROGRAM

RENOVATION, REPAIR, AND PAINTING PROGRAM

DESCRIPTION

Responsible Agency

Utah Department of Environmental Quality

Division of Air Quality

195 North 1950 West

P.O. Box 144820

Salt Lake City, UT 84114-4820



## Contact Persons

M. Cheryl Heying, Director

Utah Division of Air Quality

Robert W. Ford, Manager

Air Toxics, Lead-Based Paint, and Asbestos Section



## Contact Numbers

Telephone: M. Cheryl Heying: (801) 536-4000

Robert W. Ford: (801) 536-4451

Fax: (801) 536-4099

E-mail: M. Cheryl Heying: cheying@utah.gov

Robert W. Ford: rwford@utah.gov2



# UTAH LEAD-BASED PAINT PROGRAM

RENOVATION, REPAIR, AND PAINTING PROGRAM

DESCRIPTION

As directed by the Utah Air Quality Board (Board), the Utah Division of Air Quality (DAQ) developed state administrative rules for Title 40 C ode of Federal Regulations (40 CFR) Part 745 Subpart E. The Board finalized the rulemaking proc ess modifying Utah Administrative Code (UAC) R307-840 - Lead-Based Paint Accreditation, Certific ation and Work Practice Standards on April 7, 2010 making the rules effective on April 8, 2010.

UAC R307-840, UAC R307-841, and UAC R307-842 substa ntially adopt 40 CFR 745 Subpart E by reference. Because the DAQ substantially adopted t he federal regulations by reference, Program Elements 1 and 2 are also substantially identical. Since the Utah LBP rule is substantially the same as the federal LBP rule, we believe it is unnecessary to describe the federal LBP program to the U.S. Environmental Protection Agency (USEPA). A detaile d explanation of the modifications found in UAC R307-840, UAC R307-841, and UAC R307-842 will b e described in the following program analysis section. It is the opinion of the DAQ tha t UAC R307-840, UAC R307-841, and UAC R307- 842 allow the state to develop and implement a Utah Lead Renovation, Repair, and Painting (RRP) Rule program that is as protective to human health and the environment as the federal program.



## Renovation, Repair, and Painting Program Element

The DAQ believes UAC R307-840, UAC R307-841, and UA C R307-842 meet the procedures and requirements for administration of the Renovation, Repair, and Painting Rule program as outlined in 40 CFR 745.326(a), (c), (d), and (e). The DAQ beli eves it has established the procedures and work practice requirements for compensated renovation, r epair, and painting projects in regulated facilitie s as well as training program accreditation, and reno vator certification by substantially adopting the federal regulations by reference. By adopting the federal regulations by reference, DAQ believes UAC R307-840, UAC R307-841, and UAC R307-842 have c lear standards for identifying activities that trigger the RRP requirements and establishes p rocedures for certification of firms and individual s and work practice requirements equivalent to the fe deral standards.

# UTAH LEAD-BASED PAINT PROGRAM

PROGRAM ANALYSIS1



# UTAH LEAD-BASED PAINT PROGRAM

PROGRAM ANALYSIS

As stated in the Program Description Section of the Utah Lead-Based Paint (LBP) Program TSCA 402(c) Lead Renovation, Repair, and Painting ( RRP) Rule Application, the Utah Division of Air Quality (DAQ) has substantially ado pted Title 40 Code of Federal Regulations (40 CFR) Part 745 - Subpart E (includin g all changes made up to July 15, 2009 in the Federal Register) by reference (see Appendix 4). Some modifications to the U.S. Environmental Protection Agency (USEPA) rule were m ade to facilitate the administration and adequate funding of the State of Utah program. To help evaluate the modifications to the Federal LBP Regulation, we have demonstrated th e modifications of 40 CFR 745 - Subpart E found in Utah Administrative Code (UAC) R 307-840, UAC R307-841, and UAC R307-842. In this rule analysis document, text add ed to the federal LBP regulation by the state rule is underlined (e.g. Rule R307-840 establ ishes ) and text removed from the federal LBP regulation by the state rule has a line through it (e.g. This subpart contains ). Modifications to the federal RRP regulation by the state rules are analyzed and evaluated.

Our conclusion is that the DAQ Administrative Rules UAC R307-840, UAC R307-841, and UAC R307-842 are as protective to human health and the environment as Title 40 Code of Federal Regulations Part 745 - Subpart E.

Program Analysis Item #1

40 CFR 745.80. Purpose.

This subpart contains regulations developed under s ections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 26 86) and applies to all renovations performed for compensation in target ho using and child-occupied facilities. The purpose of this subpart is to ensur e the following: (a) Owners and occupants of target housing and chil d-occupied facilities receive information on lead-based paint hazards before thes e renovations begin; and (b) Individuals performing renovations regulated in accordance with Sec. 745.82 are properly trained; renovators and firms performi ng these renovations are certified; and the work practices in Sec. 745.85 ar e followed during these

renovations.

R307-841-1. Purpose.2

This rule subpart

contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 an d 2686) and applies to all renovations performed for compensation in target ho using and child-occupied facilities. The purpose of this rule subpart is to ensure the following: (1) Owners and occupants of target housing and chil d-occupied facilities receive information on lead-based paint hazards before thes e renovations begin; and (2) Individuals performing renovations regulated in accordance with R307-841-3 § 745.82 are properly trained; renovators and firms perform ing these renovations are certified; and the work practices in R307-841-5 § 745.85 are followed during

these renovations.

Analysis

40 CFR 745.80 is adopted by reference in R307-841-1 . In the introductory language of 40 CFR 745.80, each instance of “subpart” was replaced with “rule” in order to conform with the State RRP Rule format. Section 40 CFR 745.80(b ) was modified to replace references to § 745 with references to corresponding sections in the State RRP Rule.

Program Analysis Item #2

40 CFR 745.81. Effective Dates.

(a) Training, certification and accreditation requi rements and work practice standards. The training, certification and accredit ation requirements and work practice standards in this subpart are applicable i n any State or Indian Tribal area

that does not have a renovation program that is authorized under subpart Q of this part. The training, certification and accreditation requirements and work practice st andards in this subpart will

become effective as follows: (1) Training programs. Effective June 23, 2008, no training program may provide, offer, or claim to provide training or refresher tr aining for EPA certification as a renovator or a dust sampling technician without acc reditation from EPA under Sec. 745.225. Training programs may apply for accre ditation under Sec. 745.225 beginning April 22,

2009. (2) Firms. (i) Firms may apply for certification un der Sec. 745.89 beginning October 22, 2009. (ii) On or after April 22, 2010, no firm may perfor m, offer, or claim to perform

renovations without certification from EPA under Se c. 745.89 in target housing or child-occupied facilities, unless the renovation qu alifies for one of the exceptions identified in Sec. 745.82(a) or (c). (3) Individuals. On or after April 22, 2010, all re novations must be directed by

renovators certified in accordance with Sec. 745.90 (a) and performed by certified3

renovators or individuals trained in accordance wit h Sec. 745.90(b)(2) in target housing or child-occupied facilities, unless the re novation qualifies for one of the exceptions identified in Sec. 745.82(a) or (c). (4) Work practices. On or after April 22, 2010, all renovations must be performed in accordance with the work practice standards in S ec. 745.85 and the associated recordkeeping requirements in Sec. 745.86(b)(6) and (b)(7) in target housing or child-occupied facilities, unless the renovation qu alifies for one of the exceptions

identified in Sec. 745.82(a) or (c). (5) The suspension and revocation provisions in Sec . 745.91 are effective April 22,

2010. (b) Renovation-specific pamphlet. Before December 2 2, 2008, renovators or firms performing renovations in States and Indian Tribal areas without an authorized program may provide owners and occupants with eithe r of the following EPA pamphlets: Protect Your Family From Lead in Your Ho me or Renovate Right: Important Lead Hazard Information for Families, Chi ld Care Providers and Schools. After that date, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively. (c) Pre-Renovation Education Rule. With the excepti on of the requirement to use the pamphlet entitled Renovate Right: Important Lea d Hazard Information for Families, Child Care Providers and Schools, the pro visions of the Pre-Renovation Education Rule in this subpart have been in effect since June 1999.

R307-841-2. Effective Dates.

(1) Training, certification and accreditation requi rements and work practice standards. The training, certification and accredit ation requirements and work practice standards in this subpart are applicable in any State or Indian Tribal area that does not have a renovation program that i s authorized under subpart Q of this part. The training, certification and accreditation requ irements and work practice standards in this rule subpart will become effective as follows: (a)Training programs. Effective June 23, 2008 , no training program may provide, offer, or claim to provide training or ref resher training for Executive Secretary EPA certification as a renovator or a dust sampling te chnician without accreditation from the Executive Secretary EPA under R307-842-1 § 745.225

. Training programs may apply for accreditation under R307-842-1; § 745.225 beginning April 22, 2009 (b) Frims. (i)Firms may apply for certification under R307-841 -7 § 745.89 be ginning October 22,

2009 (ii) On or after April 22, 2010, no firm may perform, offer, or claim to perform renovations without certification from EPA the Executive Secretary under R307-

841-7 § 745.89 in target housing or child-occupied facilities, un less the4

renovation qualifies for one of the exceptions iden tified in R307-841-3(1) or (3) § 745.82(a) or (c) (c)Individuals. On or after April 22, 2010, all renovations must be directed by renovators certified in accordance with R307-841-8( 1) § 745.90(a) and performed by certified renovators or individuals tr ained in accordance with R307-841-8(2)(b) § 745.90(b)(2) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exce ptions identified in R307-841- 3(1) or (3) § 745.82(a ) or (c)

. (d) Work practices. On or after April 22, 2010 , all renovations must be performed in accordance with the work practice standards in R 307-841-5 § 745.85 and the associated recordkeeping requirements in R307-841-6 (2)(f) and (2)(g) § 745.86(b)(6) an d (b)(7) in target housing or child-occupied facilities, un less the renovation qualifies for one of the exceptions iden tified in R307-841-3(1) or (3) § 745.82(a) or (c)

. (e) The suspension and revocation provisions in § 745.91 a re effective April 22,

2010

. (2) Renovation-specific pamphlet. Before December 2 2, 2008, renovators or firms performing renovations in States and Indian Tribal areas without an authorized

program may must

provide owners and occupants with either of the fo llowing EPA pamphlets: Prote ct Your Family From Lead in Your Home or Renovate Right: Important Lead Hazard Information for Famili es, Child Care Providers and Schools. After that date, Renovate Right: Impor tant Lead Hazard Information for Families, Child Care Providers and Schools mus t be used exclusively. (3) Pre

- Renovation Education Rule. With the exception of th e requirement to use the pamphlet entitled Renovate Right: Important Le ad Hazard Information for Families, Child Care Providers and Schools, the pro visions of the Pre

- Renova tion Education Rule in this subpart have been in effect since June 1999.

Analysis

40 CFR 745.81 is adopted by reference in R307-841-2

.

40 CFR 745.81(a) was modified by removing the state ment “The training, certification and accreditation requirements and work practice standa rds in this subpart are applicable in any

State or Indian Tribal area that does not have a re novation program that is authorized under subpart Q of this part.” as the State of Utah has n o authority to require such and this authority is retained by USEPA. Additionally, in o rder to conform with State RRP Rule format, the reference to “subpart” was replaced by “rule”.

Several modifications to 40 CFR 745.81(a)(1) were m ade. First, the first and second references to “§ 745.225” were replaced with “R307- 842-1” and “R307-842-1;”, the corresponding sections in the State RRP Rule. Secon d, instances of “EPA” were replaced with “Executive Secretary” or “the Executive Secret ary”, as appropriate, as the Executive5

Secretary administers RRP training program accredit ation and individual certification. Finally, effective dates were removed as the rule w ent into effect on April 8, 2010, after the Air Quality Board adopted the State RRP Rule.

40 CFR 745.81(a)(2)(i) was modified by replacing th e statement “§ 745.89 beginning October 22, 2009” and with “R307-841-7” in order fo r references to refer to corresponding

sections in the State RRP Rule and to show that tho se individuals need to be certified pursuant to Utah Administrative Code and not pursua nt to 40 CFR 745.226 or a State or Tribal program authorized pursuant to 40 CFR 745.32 4. In Utah, regulated work activities performed in regulated structures must be performed by individuals certified by the DAQ LBP program. Effective date was also removed as th e rule immediately went into effect when the Air Quality Board adopted the State RRP Ru le.

40 CFR 745.81(a)(2)(ii) was modified by removing th e statement “On or after April 22, 2010,”. The effective date was removed as the rule immediately went into effect when the Air Quality Board adopted the State RRP Rule. “EPA ” was replaced with “the Executive Secretary” as the as the Executive Secretary admini sters RRP training firm certification. Additionally, references to § 745 were replaced wit h references to corresponding sections in

the State RRP Rule.

40 CFR 745.81(a)(3) was modified by removing the s tatement “On or after April 22, 2010,”. The effective date was removed as the rule immediately went into effect when the Air Quality Board adopted the State RRP Rule. Refe rences to § 745 were replaced with references to corresponding sections in the State R RP Rule.

40 CFR 745.81(a)(4) was modified by removing the s tatement “On or after April 22, 2010,”. The effective date was removed as the rule immediately went into effect when the Air Quality Board adopted the State RRP Rule. Refe rences to § 745 were replaced with references to corresponding sections in the State R RP Rule.

40 CFR 745.81(a)(5) was removed as the rule immedia tely went into effect when the Air Quality Board adopted the State RRP Rule, thus, no specific date was necessary.

40 CFR 745.81(b) was modified by removing the state ments “Before December 22, 2008,”, “with either of the following EPA pamphlets: Protec t Your Family From Lead in Your Home or”, and “After that date, Renovate Right: Imp ortant Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively.” and replacing “States and Indian Tribal areas without an authorized progr am may” with “must”. The date was removed as the rule immediately went into effect wh en the Air Quality Board adopted the State RRP Rule and the rule was adopted after Decem ber 22, 2008 making the optional use of the “Protect Your Family From Lead in Your Home” moot.

40 CFR 745.81(c) was removed as the rule immediatel y went into effect when the Air6

Quality Board adopted the State RRP Rule, thus, no specific date was necessary.

Program Analysis Item #3

40 CFR 745.82. Applicability.

(a) This subpart applies to all renovations perform ed for compensation in target housing and child-occupied facilities, except for the following : (1) Renovations in target housing or child-occupied facilities in which a written determination has been made by an inspector or risk assessor (certified pursuant to either Federal regulations at Sec. 745.226 or a State or T ribal certification program authorized pursuant to Sec. 745.324) that the components affec ted by the renovation are free of paint or other surface coatings that contain lead equal t o or in excess of 1.0 milligrams/per square centimeter (mg/cm\2\) or 0.5% by weight, where the firm performing the renovation has obtained a copy of the determination. (2) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit as defined in Sec. 745.83 and following the kit manufacturer's instructions, has tested each compon ent affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm\2\ or 0.5% by we ight. If the components make up an integrated whole, such as the individual stair trea ds and risers of a single staircase, the renovator is required to test only one of the indiv idual components, unless the individual components appear to have been repainted or refinis hed separately. (b) The information distribution requirements in Se c. 745.84 do not apply to emergency renovations, which are renovation activities that w ere not planned but result from a sudden, unexpected event (such as non-routine failures of e quipment) that, if not immediately attended to, presents a safety or public health haz ard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emerg ency renovations. Emergency renovations other than interim controls are also exempt from th e warning sign, containment, waste handling, training, and certification requirements in Sec. Sec. 745.85, 745.89, and 745.90 to the extent necessary to respond to the emergency. E mergency renovations are not exempt from the cleaning requirements of Sec. 745.85(a)(5) , which must be performed by certified

renovators or individuals trained in accordance wit h Sec. 745.90(b)(2), the cleaning verification requirements of Sec. 745.85(b), which must be performed by certified renovators, and the recordkeeping requirements of S ec. 745.86(b)(6) and (b)(7). (c) The training requirements in Sec. 745.90 and th e work practice standards for renovation activities in Sec. 745.85 apply to all renovations covered by this subpart, except for renovations in target housing for which the firm pe rforming the renovation has obtained a statement signed by the owner that the renovation w ill occur in the owner's residence, no child under age 6 resides there, no pregnant woman resides there, the housing is not a childoccupied facility, and the owner acknowledges that the renovation firm will not be required to use the work practices contained in EPA's renova tion, repair, and painting rule. For the7

purposes of this section, a child resides in the pr imary residence of his or her custodial parents, legal guardians, and foster parents. A chi ld also resides in the primary residence of an informal caretaker if the child lives and sleeps most of the time at the caretaker's

residence.

R307-841-3. Applicability.

(1) This rule subpart

applies to all renovations performed for compensat ion in target housing and child-occupied facilities, excep t for the following: (a) Renovations in target housing or child-occupied facilities in which a written determination has been made by an inspector or risk assessor, certified pursuant to R307-842, (certified pursuant to either Federal regulations at § 745.226 or a State or Tribal certification program authorized pu rsuant to § 745.324) that the components affected by the renovation are free of p aint or other surface coatings that contain lead equal to or in excess of 1.0 mill igrams/per square centimeter (mg/cm2) or 0.5% by weight, where the firm performi ng the renovation has obtained a copy of the determination. ; or (b)Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit as defi ned in R307-840-2 § 745.83 and following the kit manufacturer’s instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal t o or in excess of 1.0 mg/cm2 or 0.5% by weight. If the components make up an integr ated whole, such as the individual stair treads and risers of a single stai rcase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separat ely. (2) The information distribution requirements in R3 07-841-4 § 745.84 do not apply to emergency renovations, which are renovatio n activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or proper ty with significant damage. Interim controls performed in response to an elevat ed blood lead level in a resident child are also emergency renovations. Emer gency renovations other than interim controls are also exempt from the warning s ign, containment, waste handling, training, and certification requirements in R307-841-5, R307-841-7,

and R307-841-8 § § 745.85, 745.89, and 745.90 to the extent necessary to respond to the emergency. Emergency renovations are not exe mpt from the cleaning requirements of R307-841-5(1)(e) § 745.85(a)(5) , which must be performed by certified renovators or individuals trained in acco rdance with R307-841-8(2)(b) § 745.90(b)(2) , the cleaning verification requirements of R307-84 1-5(2) § 745.85(b) , which must be performed by certified renovators, and the recordkeeping requirements of R307-841-6(2)(f) and (2)(g) § 745.86(b)(6) and (b)(7)

.8

(3) The training requirements in R307-841-8 § 745.9 0 and the work practice standards for renovation activities in R307-841-5 § 745.85 apply to all renovations covered by this rule subpart, except fo r renovations in target housing for which the firm performing the renovatio n has obtained a statement signed by the owner that the renovation will occur in the owner’s residence, no child under age 6 resides there, no pregnant woman resides there, the housing is not a child-occupied facility, and the owner ack nowledges that the renovation firm will not be required to use the wor k practices contained in the Executive Secretary’s EPA’s renovation, repair, and painting rule. For the purposes of this section, a child resides in the pr imary residence of his or her custodial parents, legal guardians, and foster pare nts. A child also resides in the primary residence of an informal caretaker if t he child lives and sleeps most of the time at the caretaker’s residence.

Analysis

40 CFR 745.82(a) was modified by replacing “subpart ” with “rule” in order to conform with

the State RRP Rule format.

40 CFR 745.82(a)(1) was modified by replacing “(cer tified pursuant to either Federal regulations at § 745.226 or a State or Tribal certi fication program authorized pursuant to § 745.324)” with “,certified pursuant to R307-842,”. The reference to § 745.226 was replaced with the reference to the corresponding se ction in the State RRP Rule and text referring to other State or Tribal certification pr ograms was removed as the Executive Secretary administers inspector and risk assessor c ertification. Individuals need to be certified pursuant to Utah Administrative Code and not pursuant to 40 CFR 745.226 or a State or Tribal program authorized pursuant to 40 C FR 745.324. In Utah, regulated work activities performed in regulated structures must b e performed by individuals certified by the DAQ LBP program. Finally, the period was replaced by “; or” for better clarity on the exceptions to the RRP.

40 CFR 745.82(a)(2) was modified by replacing “§ 74 5.83” with “R307-840-2”, the corresponding section in the State RRP Rule.

40 CRF 745.82(b) was modified by replacing referenc es to § 745 with references to corresponding sections in the State RRP Rule.

40 CRF 745.82(c) was modified by replacing referenc es to § 745 with references to corresponding sections in the State RRP Rule.

The definitions found in 40 CFR 745.83 were moved i nto a consolidated definitions section found at R307-840-2 (see Appendix 4).9

Program Analysis Item #4

40 CFR 745.83 Definitions.

40 CFR 745.83 is adopted by reference in R307-840-2 . Eight modifications were made to the definitions found in 40 CFR 745 by UAC R307-840

.

1. DAQ eliminated the definition of “Administrator” . The definition in 40 CFR745.83 is as

follows:

Administrator means the administrator of the Enviro nmental Protection Agency.

In R307-840-2 the definition is as follows:

Administrator means the administrator of the Enviro nmental Protection Agency. “Executive Secretary” means the Executive Secretary of the Utah Air Quality

Board.

The term was replaced with “the Executive Secretary ” (meaning the Executive Secretary of the Utah Air Quality Board as defined in Utah Co de Annotated (UCA) Section 19-2- 102 of the Utah Air Conservation Act) in UAC R307-8 40. For the Utah Lead RRP Rule, the Executive Secretary will be the administr ator rendering the definition in 40

CFR 745.83 obsolete.

2. The definition of “Component or Building Compone nt”. The definition in 40 CFR745.83

is as follows:

Component or Building Component means specific desi gn or structural elements or fixtures of a building or residential dwelling t hat are distinguished from each other by form, function, and location. These includ e, but are not limited to, interior components such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating uni ts, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, si lls or stools and troughs), built in cabinets, columns, beams, bathroom vanities, cou nter tops, and air conditioners; and exterior components such as: Painted roofing, c himneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards , cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work , railings and railing caps, siding, handrails, stair risers and treads, stair stringers , columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, a nd air conditioners.

In R307-840-2 the definition is as follows:10

Component or Building Component means specific desi gn or structural elements or fixtures of a building or residential dwelling t hat are distinguished from each other by form, function, and location. These includ e, but are not limited to, interior components such as: Ceilings, crown moldin g, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair

treads, stair risers, stair stringers, newel posts , railing caps, balustrades, windows and trim (including sashes, wi ndow heads, jambs, sills or stools and troughs), built in cabinets, columns, be ams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: Painted roofing, chimneys, flashing, gutters and downspouts, ceiling s, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fence s, floors, joists, lattice work, railings and railing caps, siding, h andrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and tro ughs, casings, sashes and wells, and air conditioners. "Component or Building Component" means specific de sign or structural elements or fixtures of a building, residential dwe lling, or child occupied facility that are distinguished from each other by form, fun ction, and location. These include, but are not limited to, interior component s such as : C ceilings, crown molding, walls, chair rails, doors, door trim, floo rs, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and tr oughs), built in cabinets, columns, beams, bathroom vanities, counter tops, an d air conditioners; and exterior components such as : P painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards , cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattic e work, railings and railing caps, siding, handrails, stair risers and treads, stair s tringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air

conditioners.

The definition was replaced by the definition of “C omponent or Building Component”

found in 40 CFR 745.223 as latter definition was de emed to be more comprehensive and specifically included “child-occupied facility” . Colons were removed and capital letters, following the colon, were change to lowerc ase to improve sentence structure.

3. The definition of “Firm”. The definition in 40 CFR745.83 is as follows:

Firm means a company, partnership, corporation, sol e proprietorship or individual doing business, association, or other business enti ty; a Federal, State, Tribal, or local government agency; or a nonprofit organizatio n.

In R307-840-2 the definition is as follows:11

"Firm" means a company, partnership, corporation, s ole proprietorship or individual doing business, association, or other bu siness entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization that performs lead-based paint abatement activities or renovation s

.

The statement “that performs lead-based paint abate ment activities or renovations” was added to the end of the definition for more clarity

.

4. The definition of “Minor Repair And Maintenance Activities”. The definition in 40

CFR745.83 is as follows:

Minor repair and maintenance activities are activit ies, including minor heating, ventilation or air conditioning work, electrical wo rk, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activi ties where none of the work practices prohibited or restricted by Sec. 745.85(a )(3) are used and where the work does not involve window replacement or demolit ion of painted surface areas. When removing painted components, or portions of pa inted components, the entire surface area removed is the amount of painted surfa ce disturbed. Jobs, other than emergency renovations, performed in the same room w ithin the same 30 days must be considered the same job for the purpose of deter mining whether the job is a minor repair and maintenance activity.

In R307-840-2 the definition is as follows:

"Minor Repair And Maintenance Activities" are activ ities, including minor heating, ventilation or air conditioning work, elec trical work, and plumbing, that disrupt 6 square feet or less of painted surface pe r room for interior activities or 20 square feet or less of painted surface for exter ior activities where none of the work practices prohibited or restricted by R307-841 -5(1)(c) § 745.85(a)(3) are used and where the work does not involve window rep lacement or demolition of painted surface areas. When removing painted compon ents, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and m aintenance activity.

The reference to “§ 745.85(a)(3)” was replaced with the appropriate reference in the State

of Utah rule.

5. The definition of “Pamphlet”. The definition in 40 CFR745.83 is as follows:

Pamphlet means the EPA pamphlet titled Renovate Rig ht: Important Lead Hazard12

Information for Families, Child Care Providers and Schools developed under section 406(a) of TSCA for use in complying with se ction 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant t o 40 CFR 745.326 that is developed for the same purpose. This includes repro ductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of State or lo cal sources of information). Before December 22, 2008, the term ``pamphlet'' als o means any pamphlet developed by EPA under section 406(a) of TSCA or an y State or Tribal pamphlet approved by EPA pursuant to Sec. 745.326.

In R307-840-2 the definition is as follows:

" Pamphlet" means the EPA pamphlet titled Renovate Ri ght: Important Lead Hazard Information for Families, Child Care Provide rs and Schools developed under section 406(a) of TSCA for use in complying w ith section 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pur suant to 40 CFR 745.326 that is developed for the same purpose . This includes reproductions of the pamphlet when copied in full and without revision o r deletion of material from the pamphlet (except for the addition or revision of St ate or local sources of information). Before December 22, 2008, the term “ pamphlet” also means any pamphlet developed by EPA under section 406 (a) of TSCA or any State or Tribal pamphlet approved by EPA pursuant to § 745.326.

First, where the statement “, or any State or Triba l pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpo se” has been removed. DAQ plans to only use USEPA produced pamphlets for compliance wi th the Lead Pre-Renovation Education Rule. Second, the statement “Before Dec ember 22, 2008, the term “pamphlet” also means any pamphlet developed by EPA under sect ion 406(a) of TSCA or any State or Tribal pamphlet approved by EPA pursuant to § 745.3 26.” has been removed. DAQ has adopted the RRP Rule after the aforementioned date making it moot.

6. The definition of “Recognized Test Kit”. The def inition in 40 CFR745.83 is as follows:

Recognized test kit means a commercially available kit recognized by EPA under Sec. 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams p er square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.

In R307-840-2 the definition is as follows:

"Recognized Test Kit" means a commercially availabl e kit recognized by EPA

under 40 CFR 745.88 § 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in exces s of 1.0 milligrams per square13

centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.

The reference to “§ 745.88” is replaced by “40 CFR 745.88” in order to clarify that USEPA, and not the State of Utah, will have authority to r ecognize such kits.

7. The definition of “Renovation”. The definition in 40 CFR745.83 is as follows:

Renovation means the modification of any existing s tructure, or portion thereof, that results in the disturbance of painted surfaces , unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The re moval, modification or repair of painted surfaces or painted components (e.g., modif ication of painted doors, surface restoration, window repair, surface prepara tion activity (such as sanding, scraping, or other such activities that may generat e paint dust)); the removal of building components (e.g., walls, ceilings, plumbin g, windows); weatherization projects (e.g., cutting holes in painted surfaces t o install blown-in insulation or to gain access to attics, planing thresholds to instal l weather-stripping), and interim controls that disturb painted surfaces. A renovatio n performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The te rm renovation does not include minor repair and maintenance activities.

In R307-840-2 the definition is as follows:

"Renovation" means the modification of an existing structure, or portion thereof, that results in the disturbance of painted surfaces , unless that activity is performed as part of an abatement as defined by thi s rule part (40 CFR 745.223)

. The term renovation includes, ( but is not limited to,): T the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface preparation activity (such as sandin g, scraping, or other such activities that may generate paint dust)); the remo val of building components (e.g., walls, ceilings, plumbing, windows); weather ization projects (e.g., cutting holes in painted surfaces to install blown-in insul ation or to gain access to attics, planning thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the pu rpose of converting a building, or part of a building, into target housin g or a child-occupied facility is

a renovation under this rule subpart . The term renovation does not include minor repair and maintenance activities.

The statements “part (40 CFR 745.223)” and “subpart ” were replaced by “rule” in order to

conform with the State RRP Rule format. Additional ly, the parenthesis surrounding the statement “but is not limited to” were replaced by commas and the colon and following14

capital letter was replaced by a lowercase “t” for better sentence structure

8. The definition of “Renovator”. The definition in 40 CFR745.83 is as follows:

Renovator means an individual who either performs o r directs workers who perform renovations. A certified renovator is a ren ovator who has successfully completed a renovator course accredited by EPA or a n EPA-authorized State or Tribal program.

In R307-840-2 the definition is as follows:

"Certified Renovator" means an individual who has been traine d by an accredited training program and certified by the Executive Sec retary pursuant to R307-841- 8(1) and R307-842-2 to conduct renovatio ns either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredite d by the EPA or an EPA

authorized State or Tribal program

.

The statement “renovations either performs or direc ts workers who perform renovations. A

certified renovator is a renovator who has successf ully completed a renovator course accredited by the EPA or an EPA-authorized State or Tribal program” is replaced by “has been trained by an accredited training program and certified by the Executive Secretary pursuant to R307-841-8(1) and R307-842-2 to conduct ” as the Executive Secretary

administers individual certifications. The term “C ertified” was also added to the beginning of the definition for better clarity.

Program Analysis Item #5

40 CFR 745.84. Information distribution requiremen ts.

(a) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling u nit of target housing, the firm performing the renovation must: (1) Provide the owner of the unit with the pamphlet , and comply with one of the following: (i) Obtain, from the owner, a written acknowledgmen t that the owner has received the pamphlet. (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. (2) In addition to the requirements in paragraph (a )(1) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following: (i) Obtain, from the adult occupant, a written ackn owledgment that the occupant has received the pamphlet; or certify in writing th at a pamphlet has been delivered15

to the dwelling and that the firm performing the re novation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing ren ovation, the date and method of delivery of the pamphlet, names of the persons deli vering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to s ign, no adult occupant available), the signature of a representative of th e firm performing the renovation, and the date of signature. (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. (b) Renovations in common areas. No more than 60 da ys before beginning

renovation activities in common areas of multi-unit target housing, the firm performing the renovation must: (1) Provide the owner with the pamphlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgmen t that the owner has received the pamphlet. (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. (2) Comply with one of the following. (i) Notify in writing, or ensure written notification of, each affected unit and make the pa mphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovat ion activities; the expected starting and ending dates; and a statement of how t he occupant can obtain the pamphlet, at no charge, from the firm performing th e renovation, or (ii) While the renovation is ongoing, post informat ional signs describing the general

nature and locations of the renovation and the anti cipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accomp anied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. (3) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet. (4) If the scope, locations, or expected starting a nd ending dates of the planned renovation activities change after the initial noti fication, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants pr oviding revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice. (c) Renovations in child-occupied facilities. No mo re than 60 days before beginning renovation activities in any child-occupi ed facility, the firm performing

the renovation must: (1)(i) Provide the owner of the building with the p amphlet, and comply with one of the following:16

(A) Obtain, from the owner, a written acknowledgmen t that the owner has received the pamphlet. (B) Obtain a certificate of mailing at least 7 days prior to the renovation. (ii) If the child-occupied facility is not the owne r of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following: (A) Obtain, from the adult representative, a writte n acknowledgment that the adult representative has received the pamphlet; or certif y in writing that a pamphlet has been delivered to the facility and that the firm pe rforming the renovation has been unsuccessful in obtaining a written acknowledgment from an adult representative.

Such certification must include the address of the child-occupied faci lity undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the firm perfo rming the renovation, and the date of signature. (B) Obtain a certificate of mailing at least 7 days prior to the renovation. (2) Provide the parents and guardians of children u sing the child-occupied facility with the pamphlet and information describing the ge neral nature and locations of the renovation and the anticipated completion date by complying with one of the following: (i) Mail or hand-deliver the pamphlet and the renov ation information to each parent or guardian of a child using the child-occup ied facility. (ii) While the renovation is ongoing, post informat ional signs describing the general

nature and locations of the renovation and the anti cipated completion date. These signs must be posted in areas where they can be see n by the parents or guardians of the children frequenting the child-occupied facilit y. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obta in a copy from the renovation firm at no cost to the parents or guardians. (3) The renovation firm must prepare, sign, and dat e a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet. (d) Written acknowledgment. The written acknowledgm ents required by paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)( i)(A), and (c)(1)(ii)(A) of this

section must: (1) Include a statement recording the owner or occu pant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature. (2) Be either a separate sheet or part of any writt en contract or service agreement

for the renovation. (3) Be written in the same language as the text of the contract or agreement for the17

renovation or, in the case of non-owner occupied ta rget housing, in the same language as the lease or rental agreement or the pa mphlet.

R307-841-4. Information distribution requirements.

(1) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling u nit of target housing, the firm performing the renovation must: (a) Provide the owner of the unit with the pamphlet , and comply with one of the following: (i) Obtain, from the owner, a written acknowledgeme nt that the owner has received the pamphlet. ; or (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. ; and (b)In addition to the requirements in paragraph (a) (1) of this section, i I f the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the follo wing: (i) Obtain, from the adult occupant, a written ack nowledgement that the occupant has received the pamphlet; or certify in writing th at a pamphlet has been delivered to the dwelling and that the renovator ha s been unsuccessful in obtaining a written acknowledgement from an adult o ccupant. Such certification must include the address of the unit undergoing ren ovation, the date and method of delivery of the pamphlet, names of the persons d elivering the pamphlet, reason for lack of acknowledgement (e.g., occupant refuses to sign, no adult occupant available), the signature of the firm performing th e renovation, and the date of signature. ; or (2) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing the renovation must: (a) Provide the owner with the pamphlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgeme nt that the owner has received the pamphlet. ; or (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. ; (b) Comply with one of the following: (i) Notify in writing, or ensure written notificati on of, each affected unit and make the pamphlet available upon request prior to the st art of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and en ding dates; and a statement of how the occupant can obtain the pamphlet, at no cha rge, from the firm performing the renovation, ; or (ii) While the renovation is ongoing, post informat ional signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where the y are likely to be seen by the18

occupants of all of the affected units. The signs m ust be accompanied by a posted copy of the pamphlet or information on how interest ed occupants can review a copy of the pamphlet or obtain a copy from the reno vation firm at no cost to

occupants. ; (c) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet. ; and (d) If the scope, locations, or expected starting a nd ending dates of the planned renovation activities change after the initial noti fication, the firm provided written initial notification to each affected unit, the fir m performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the ren ovation initiates work beyond that which was described in the original notice. (3) Renovations in child-occupied facilities. No m ore than 60 days before beginning renovation activities in any child-occupi ed facility, the firm performing

the renovation must: (a) Provide the owner of the building with the pamp hlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgmen t that the owner has received the pamphlet; or

. (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. ; (b) If the adult representative of the child-occupied facility is not the owner of the building, provide an adult representative of the ch ild-occupied facility with the pamphlet, and comply with one of the following: (i) Obtain, from the adult representative, a writte n acknowledgment that the adult representative has received the pamphlet; or certif y in writing that a pamphlet has been delivered to the facility and that the firm pe rforming the renovation has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of deliv ery of the pamphlet, names of the persons delivering the pamphlet, reason for lac k of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signatur e; or

. (ii) Obtain a certificate of mailing at least 7 day s prior to the renovation. ; (c) Provide the parents and guardians of children u sing the child-occupied facility with the pamphlet and information describi ng the general nature and locations of the renovation and the anticipated com pletion date by complying with one of the following: (i) Mail or hand-deliver the pamphlet and the renov ation information to each parent or guardian of a child using the child-occup ied facility; or

. (ii) While the renovation is ongoing, post informat ional signs describing the general nature and locations of the renovation and the anticipated completion19

date. These signs must be posted in areas where the y can be seen by the parents or guardians of the children frequenting the child- occupied facility. The signs must be accompanied by a posted copy of the pamphle t or information on how interested parents or guardians can review a copy o f the pamphlet or obtain a copy from the renovation firm at no cost to the par ents or guardians; and

. (d) The renovation firm must prepare, sign, and dat e a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet. (4) Written acknowledgement. The written acknowled gements required by paragraphs (1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a)( i), and (3)(b)(i) (a) (1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A) of this section must: (a) Include a statement recording the owner or occu pant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the sign ature of the owner or occupant as applicable, and the date of signature. ; (b) Be either a separate sheet or part of any writt en contract or service agreement for the renovation; and

. (c) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupie d target housing, in the same language as the lease or rental agreement or the pa mphlet.

Analysis

40 CFR 745.84(a)(1)(i) was modified by replacing t he period with “; or” at the end of the section to better clarify the distribution options.

40 CFR 745.84(a)(1)(ii) was modified by replacing the period with “; and” at the end of the section to better clarify the distribution options.

40 CFR 745.84(a)(2) was modified by removing the st atement “In addition to the requirements in paragraph (a)(1) of this section, i ” as the statement was redundant and unnecessary for State of Utah RRP Rules.

40 CFR 745.84(a)(2)(i) was modified by replacing t he period with “; or” at the end of the section to better clarify the distribution options.

40 CFR 745.84(b)(1)(i) was modified by replacing t he period with “; or” at the end of the section to better clarify the distribution options.

40 CFR 745.84(b)(1)(ii) was modified by replacing the period with a semicolon at the end

of the section to better conform to State Rules for mat.

40 CFR 745.84(b)(2)(i) was modified by replacing th e comma with “;” at the end of the20

section to better conform to State Rules format.

40 CFR 745.84(b)(2)(ii) was modified by replacing the period with a semicolon at the end

of the section to better conform to State Rules for mat.

40 CFR 745.84(b)(3) was modified by replacing the period with “; and” at the end of the section to better clarify the distribution options.

40 CFR 745.84(c)(1)(ii) was modified by adding “th e adult representative of the” before the first instance of “child-occupied facility” to clar ify the requirement.

40 CFR 745.84(c)(1)(i)(B) and 40 CFR 745.84(c)(1)(i i)(B) were modified by replacing the period with a semicolon at the end of the section t o better conform to State Rules format.

40 CFR 745.84(c)(1)(i)(A), 40 CFR 745.84(c)(1)(ii) (A), and 40 CFR 745.84(c)(2)(i) were modified by replacing the period at the end of the paragraph with “; or” to further clarify the information distribution options.

40 CFR 745.84(c)(2)(ii) was modified by replacing t he period at the end of the paragraph with “; and” to further clarify the information dis tribution options.

40 CFR 745.84(d) was modified by replacing Federal RRP Rule references “(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)( A)” with corresponding State RRP Rule references “(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a) (i), and (3)(b)(i)”.

40 CFR 745.84(d)(1) was modified by replacing the period with a semicolon at the end of

the section to better conform to State Rules format

.

40 CFR 745.84(d)(2) was modified by replacing the p eriod at the end of the paragraph with “; and” to further clarify the information distribu tion options.

Program Analysis Item #6

40 CFR 745.85. Work practice standards.

(a) Standards for renovation activities. Renovation s must be performed by certified firms using certified renovators as directed in Sec . 745.89. The responsibilities of certified firms are set forth in Sec. 745.89(d) and the responsibilities of certified renovators are set forth in Sec. 745.90(b). (1) Occupant protection. Firms must post signs clea rly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent prac ticable, these signs must be in the primary language of the occupants. These signs must be posted before21

beginning the renovation and must remain in place a nd readable until the renovation and the post-renovation cleaning verific ation have been completed. If warning signs have been posted in accordance with 2 4 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required b y this section. (2) Containing the work area. Before beginning the renovation, the firm must

isolate the work area so that no dust or debris lea ves the work area while the renovation is being performed. In addition, the fir m must maintain the integrity of the containment by ensuring that any plastic or oth er impermeable materials are not torn or displaced, and taking any other steps neces sary to ensure that no dust or

debris leaves the work area while the renovation is being performed. The firm must

also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency. (i) Interior renovations. The firm must: (A) Remove all objects from the work area, includin g furniture, rugs, and window coverings, or cover them with plastic sheeting or o ther impermeable material with all seams and edges taped or otherwise sealed. (B) Close and cover all ducts opening in the work a rea with taped-down plastic sheeting or other impermeable material. (C) Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doo rs used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while co nfining dust and debris to the

work area. (D) Cover the floor surface, including installed ca rpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a su fficient distance to contain the dust, whichever is greater. (E) Use precautions to ensure that all personnel, t ools, and other items, including the exteriors of containers of waste, are free of d ust and debris before leaving the

work area. (ii) Exterior renovations. The firm must: (A) Close all doors and windows within 20 feet of t he renovation. On multi-story buildings, close all doors and windows within 20 fe et of the renovation on the same floor as the renovation, and close all doors a nd windows on all floors below

that are the same horizontal distance from the reno vation. (B) Ensure that doors within the work area that wil l be used while the job is being performed are covered with plastic sheeting or othe r impermeable material in a manner that allows workers to pass through while co nfining dust and debris to the

work area. (C) Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint d ebris, whichever is greater, unless the property line prevents 10 feet of such ground c overing.22

(D) In certain situations, the renovation firm must take extra precautions in containing the work area to ensure that dust and de bris from the renovation does not contaminate other buildings or other areas of t he property or migrate to adjacent properties. (3) Prohibited and restricted practices. The work p ractices listed below shall be prohibited or restricted during a renovation as fol lows: (i) Open-flame burning or torching of lead-based pa int is prohibited. (ii) The use of machines that remove lead-based pai nt through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited unless such machines are used with HEPA exhaust

control. (iii) Operating a heat gun on lead-based paint is p ermitted only at temperatures below 1100 degrees Fahrenheit. (4) Waste from renovations--(i) Waste from renovati on activities must be contained to prevent releases of dust and debris be fore the waste is removed from the work area for storage or disposal. If a chute i s used to remove waste from the work area, it must be covered. (ii) At the conclusion of each work day and at the conclusion of the renovation,

waste that has been collected from renovation activ ities must be stored under containment, in an enclosure, or behind a barrier t hat prevents release of dust and debris out of the work area and prevents access to dust and debris. (iii) When the firm transports waste from renovatio n activities, the firm must contain the waste to prevent release of dust and de bris. (5) Cleaning the work area. After the renovation ha s been completed, the firm must clean the work area until no dust, debris or r esidue remains. (i) Interior and exterior renovations. The firm mus t: (A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag. (B) Remove the protective sheeting. Mist the sheeti ng before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting

used to isolate contaminated rooms from non-contami nated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting

as waste. (ii) Additional cleaning for interior renovations. The firm must clean all objects and

surfaces in the work area and within 2 feet of the work area in the following manner, cleaning from higher to lower: (A) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth. (B) Remaining surfaces. Thoroughly vacuum all remai ning surfaces and objects in the work area, including furniture and fixtures, wi th a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacu uming carpets and rugs. (C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop unc arpeted floors thoroughly,23

using a mopping method that keeps the wash water se parate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system. (b) Standards for post-renovation cleaning verifica tion--(1) Interiors. (i) A certified renovator must perform a visual ins pection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and anoth er visual inspection must be performed. (ii) After a successful visual inspection, a certif ied renovator must: (A) Verify that each windowsill in the work area ha s been adequately cleaned, using the following procedure. (1) Wipe the windowsill with a wet disposable clean ing cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned. (2) If the cloth does not match and is darker than the cleaning verification card, reclean the windowsill as directed in paragraphs (a)( 5)(ii)(B) and (a)(5)(ii)(C) of this section, then either use a new cloth or fold the us ed cloth in such a way that an unused surface is exposed, and wipe the surface aga in. If the cloth matches or is lighter than the cleaning verification card, that w indowsill has been adequately

cleaned. (3) If the cloth does not match and is darker than the cleaning verification card, wait for 1 hour or until the surface has dried comp letely, whichever is longer. (4)After waiting for the windowsill to dry, wipe th e windowsill with a dry disposable cleaning cloth. After this wipe, the win dowsill has been adequately

cleaned. (B) Wipe uncarpeted floors and countertops within t he work area with a wet disposable cleaning cloth. Floors must be wiped usi ng an application device with a long handle and a head to which the cloth is attach ed. The cloth must remain damp at all times while it is being used to wipe the sur face for post-renovation cleaning

verification. If the surface within the work area i s greater than 40 square feet, the

surface within the work area must be divided into r oughly equal sections that are each less than 40 square feet. Wipe each such secti on separately with a new wet disposable cleaning cloth. If the cloth used to wip e each section of the surface within the work area matches the cleaning verificat ion card, the surface has been adequately cleaned. (1) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section o f the surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then use a new wet disposable cleaning cloth to wipe that section agai n. If the cloth matches the cleaning verification card, that section of the sur face has been adequately cleaned. (2) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has be en re-cleaned, wait for 1 hour or

until the entire surface within the work area has d ried completely, whichever is longer.24

(3) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved po st-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned. (iii) When the work area passes the post-renovation cleaning verification, remove the warning signs. (2) Exteriors. A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust , debris or residue is present,

these conditions must be eliminated and another vis ual inspection must be performed. When the area passes the visual inspecti on, remove the warning signs. (c) Optional dust clearance testing. Cleaning verif ication need not be performed if the contract between the renovation firm and the pe rson contracting for the renovation or another Federal, State, Territorial, Tribal, or local law or regulation requires: (1) The renovation firm to perform dust clearance s ampling at the conclusion of a renovation covered by this subpart. 2) The dust clearance samples are required to be c ollected by a certified inspector, risk assessor or dust sampling technician. (3) The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance st andards in Sec. 745.227(e)(8) or any applicable State, Territorial, Tribal, or local standard. (d) Activities conducted after post-renovation clea ning verification. Activities that do not disturb paint, such as applying paint to wal ls that have already been prepared, are not regulated by this subpart if theyare conducted after postrenovation cleaning verification has been performed

.

R307-841-5. Work practice standards.

(1) Standards for renovation activities. Renovation s must be performed by firms certified under R307-841-7 certified firms using certified renovators certified

under R307-841-8 as directed in § 745.89 . The responsibilities of certified firms are set forth in R307-841-7(4) § 745.89(d) and the responsibilities of certified renovators are set forth in R307-841-8(2) § 745.90(b)

. (a) Occupant protection. Firms must post signs cl early defining the work area and warning occupants and other persons not involve d in renovation activities to remain outside of the work area. To the extent pra cticable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation, remain in place, and be readable until the renovation and the post-renovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 CFR 35 .1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by th is section. (b) Containing the work area. Before beginning th e renovation, the firm must25

isolate the work area so that no dust or debris lea ves the work area while the renovation is being performed. In addition, the fi rm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other ste ps necessary to ensure that no

dust or debris leaves the work area while the renov ation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency. (i) Interior renovations. The firm must: (A) Remove all objects from the work area, includin g furniture, rugs, and window coverings, or cover them with plastic sheeting or o ther impermeable material with all seams and edges taped or otherwise sealed. ; (B)Close and cover all ducts opening in the work ar ea with taped-down plastic sheeting or other impermeable material. ; (C) Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doo rs used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to

the work area. ; (D) Cover the floor surface, including installed ca rpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a su fficient distance to contain the dust, whichever is greater; and

. (E) Use precautions to ensure that all personnel, tools, and other items, including the exterior of containers of waste, are free of dust and debris before leaving the work area. (ii) Exterior renovations. The firm must: (A) Close all doors and windows within 20 feet of t he renovation. On multi-story buildings, close all doors and windows within 20 fe et of the renovation on the same floor as the renovation, and close all doors a nd windows on all floors below that are the same horizontal distance from the reno vation. ; (B) Ensure that doors within the work area that wil l be used while the job is being performed are covered with plastic sheeting or othe r impermeable material in a manner that allows workers to pass through while co nfining dust and debris to the

work area. ; (C) Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect fall ing paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering; and

. (D) The renovation firm must take extra precaution s in containing the work area to ensure that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties. (c) Prohibited and restricted practices. The work practices listed below shall be prohibited or restricted during a renovation as fol lows:26

(i)Open-flame burning or torching of lead-based pai nt is prohibited. ; (ii)The use of machines that remove lead-based pain t through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited unless suc h machines are used with HEPA exhaust control; and

. (iii) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit. (d) Waste from renovations. (i) Waste from renovation activities must be conta ined to prevent releases of dust and debris before the waste is removed from the wor k area for storage or disposal. If a chute is used to remove waste from the work area, it must be

covered. (ii) At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activ ities must be stored under containment, in an enclosure, or behind a barrier t hat prevents release of dust and debris out of the work area and prevents access to dust and debris. (iii) When the firm transports waste from renovati on activities, the firm must contain the waste to prevent release of dust and de bris. (e) Cleaning the work area. After the renovation h as been completed, the firm must clean the work area until no dust, debris, or residue remains. (i) Interior and exterior renovations. The firm m ust: (A) Collect all paint chips and debris and, withou t dispersing any of it, seal this material in a heavy-duty bag; and

. (B) Remove the protective sheeting. Mist the shee ting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from no n-contaminated rooms must remain in place until after the cleaning and remova l of other sheeting. Dispose of the sheeting as waste. (ii) Additional cleaning for interior renovations. The firm must clean all objects and surfaces in the work area and within 2 feet of the work area in the following manner, cleaning from higher to lower: (A) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth. ; (B) Remaining surfaces. Thoroughly vacuum all remai ning surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs; and

. (C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop un carpeted floors thoroughly, using a mopping method that keeps the wash water se parate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system. (2) Standards for post-renovation cleaning verific ation. (a) Interiors.27

(i) A certified renovator must perform a visual in spection to determine whether dust, debris, or residue is still present. If dust, debris, or residue is present, these conditions must be removed by re-cleaning and anoth er visual inspection must be performed. (ii) After a successful visual inspection, a certi fied renovator must: (A) Verify that each windowsill in the work area h as been adequately cleaned, using the following procedure. (I) Wipe the windowsill with a wet disposable clea ning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned. (II) If the cloth does not match and is darker tha n the cleaning verification card, re-clean the windowsill as directed in paragraphs ( 1)(e)(ii)(B) and (1)(e)(ii)(C) (a)(5)(ii)(B) and (a)(5)(ii)(C ) of this section, then either use a new cloth or fo ld the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter t han the cleaning verification card, that windowsill has been adequately cleaned. (III) If the cloth does not match and is darker tha n the cleaning verification card, wait for 1 hour or until the surface has dried comp letely, whichever is longer. After waiting for the windowsill to dry, wipe the w indowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned. After waiting for the windowsill to dry, wipe the w indowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned. (B) Wipe uncarpeted floors and countertops within t he work area with a wet disposable cleaning cloth. Floors must be wiped usi ng application device with a long handle and a head to which the cloth is attach ed. The cloth must remain damp at all times while it is being used to wipe th e surface for post-renovation cleaning verification. If the surface within the wo rk area is greater than 40 square feet, the surface within the work area must be divi ded into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth use d to wipe each section of the surface within the work area matches the cleaning v erification card, the surface has been adequately cleaned. Wipe each such section separately with a new wet disposable cleaning cloth. (I) If the cloth used to wipe each section of the s urface within the work area matches the cleaning verification card, the surface has been adequately cleaned. (II) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section o f the surface as directed in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then use a new wet disposable cleaning clo th to wipe that section again. If the cloth matches the cleaning verification card, t hat section of the surface has been adequately cleaned. (III) If the cloth used to wipe a particular surfac e section does not match the cleaning verification card after the surface has be en re-cleaned, wait for 1 hour28

or until the entire surface within the work area ha s dried completely, whichever is longer. After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved po st-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned. After waiting for the entire surface within the wo rk area to dry, wipe each section of the surface that has not ye t achieved post

- renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, t hat section of the surface has been adequately cleaned. (iii) When the work area passes the post-renovation clean ing verification, remove the warning signs. (b Exteriors. A certified renovator must perform a visual inspection to determine whether dust, debris, or residue is still present o n surfaces in and below the work area, including windowsills and the ground. If dus t, debris, or residue is present,

these conditions must be eliminated and another vis ual inspection must be performed. When the area passes the visual inspect ion, remove the warning signs. (3) Optional dust clearance testing. Cleaning veri fication need not be performed if the contract between the renovation firm and the person contracting for the renovation or another Federal, State, Territorial, Tribal, or local law or regulation requires: (a) The renovation firm to perform dust clearance s ampling at the conclusion of a renovation covered by this rule subpart

. (b) The dust clearance samples are required to be c ollected by a certified inspector, risk assessor, or dust sampling technici an. (c) The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance st andards in § 745.227(e)(8 ) or any applicable State, Territorial, Tribal, or local standard R307-842-3(5)(h)

. (4) Activities conducted after post-renovation clea ning verification. Activities that do not disturb paint, such as applying paint to wal ls that have already been prepared, are not regulated by this rule subpartif they are conducted after postrenovation cleaning verification has been performed

.

Analysis

40 CFR 745.85(a) was modified by replacing the stat ement “certified firms” with firms certified under R307-841-7” and replacing the state ment “as directed in § 745.89” with “certified under R307-841-8”. These changes were m ade to better clarify the section. Additionally, references to § 745 were replaced wit h references to corresponding sections in

the State RRP Rule.

40 CFR 745.85(a)(2)(i)(A), (B), and (C) were modifi ed by replacing the period with a

semicolon at the end of the section to better confo rm to State Rules format.29

40 CFR 745.85(a)(2)(i)(D) was modified by replacing the period at the end of the paragraph with “; and” to further clarify work area containme nt requirements.

40 CFR 745.85(a)(2)(ii)(A) and (B) were modified by replacing the period with a semicolon

at the end of the section to better conform to Stat e Rules format.

40 CFR 745.85(a)(2)(ii)(C) was modified by replacin g the period at the end of the paragraph with “; and” to further clarify work area containment requirements.

40 CFR 745.85(a)(3)(i) was modified by replacing t he period with a semicolon at the end of

the section to better conform to State Rules format

.

40 CFR 745.85(a)(3)(ii) was modified by replacing t he period at the end of the paragraph with “; and” to further clarify prohibite d work practices.

40 CFR 745.85(a)(5)(i)(A) was modified by replacing the period at the end of the paragraph with “; and” to further clarify cleaning requiremen ts.

40 CFR 745.85(a)(5)(ii)(A) was modified by replaci ng the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.85(a)(5)(ii)(B) was modified by replacin g the period at the end of the paragraph with “; and” to further clarify cleaning requirements.

40 CFR 745.85(b)(1)(ii)(A)(2) was modified by repla cing Federal RRP Rule references “(a)(5)(ii)(B) and (a)(5)(ii)(C)” with correspondin g State RRP Rule references “(1)(e)(ii)(B) and (1)(e)(ii)(C)”.

40 CFR 745.85(b)(1)(ii)(A)(4) was removed and the t ext thereof was added to 40 CFR 745.85(b)(1)(ii)(A)(3) to better clarify the re-cle aning procedure.

40 CFR 745.85(b)(1)(ii)(B) was modified by removing the statement “Wipe each such section separately with a new wet disposable cleani ng cloth. If the cloth used to wipe each

section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.” and adding it , subsequently, as its own section in order to better clarify the procedure.

40 CFR 745.85(b)(1)(ii)(B)(1) was modified by repla cing Federal RRP Rule references “(a)(5)(ii)(B) and (a)(5)(ii)(C)” with correspondin g State RRP Rule references “(1)(e)(ii)(B) and (1)(e)(ii)(C)”.

40 CFR 745.85(b)(1)(ii)(B)(3) was removed and the t ext thereof was added to 40 CFR30

745.85(b)(1)(ii)(B)(2) to better clarify the re-cle aning procedure

40 CFR 745.85(c)(1) was modified by replacing “subp art” with “rule” in order to conform

with the State RRP Rule format.

40 CFR 745.85(c)(3) was modified by replacing “§ 74 5.227(e)(8) or any applicable State, Territorial, Tribal, or local standard” with the co rresponding State RRP Rule reference, “R307-842-3(5)(h)”. Additionally, the DAQ is not s eeking any authority to administer the program on tribal lands but expects EPA to administ er the program on such lands.

40 CFR 745.85(d) was modified by replacing “subpart ” with “rule” in order to conform with

the State RRP Rule format.

Program Analysis Item #7

40 CFR 745.86. Recordkeeping and reporting require ments.

(a) Firms performing renovations must retain and, i f requested, make available to EPA all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renov ation. This 3-year retention requirement does not supersede longer obligations r equired by other provisions for retaining the same documentation, including any app licable State or Tribal laws or regulations. (b) Records that must be retained pursuant to parag raph (a) of this section shall include (where applicable): (1) Reports certifying that a determination had bee n made by an inspector (certified pursuant to either Federal regulations a t Sec. 745.226 or an EPAauthorized State or Tribal certification program) t hat lead-based paint is not present on the components affected by the renovatio n, as described in Sec. 745.82(b)(1). (2) Signed and dated acknowledgments of receipt as described in Sec. 745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A) , and (c)(1)(ii)(A). (3) Certifications of attempted delivery as describ ed in Sec. 745.84(a)(2)(i) and (c)(1)(ii)(A). (4) Certificates of mailing as described in Sec. 74 5.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B). (5) Records of notification activities performed re garding common area renovations, as described in Sec. 745.84(b)(3) and (b)(4), and renovations in childoccupied facilities, as described in Sec. 745.84(c) (2). (6) Any signed and dated statements received from o wner-occupants documenting that the requirements of Sec. 745.85 do not apply. These statements must include a

declaration that the renovation will occur in the o wner's residence, a declaration that no children under age 6 reside there, a declar ation that no pregnant woman31

resides there, a declaration that the housing is no t a child-occupied facility, the address of the unit undergoing renovation, the owne r's name, an acknowledgment by the owner that the work practices to be used dur ing the renovation will not necessarily include all of the lead-safe work pract ices contained in EPA's renovation, repair, and painting rule, the signatur e of the owner, and the date of signature. These statements must be written in the same language as the text of the renovation contract, if any. (7) Documentation of compliance with the requiremen ts of Sec. 745.85, including documentation that a certified renovator was assign ed to the project, that the certified renovator provided on-the-job training fo r workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in Sec. 745.85(a), and that the certified renovator performed the post-renovation cleaning verification described in Sec. 745.85(b). If the renovation firm was unable to comply with all of th e requirements of this rule due to an emergency as defined in Sec. 745.82, the firm must document the nature of the emergency and the provisions of the rule that w ere not followed. This documentation must include a copy of the certified renovator's training certificate, and a certification by the certified renovator assi gned to the project that: (i) Training was provided to workers (topics must b e identified for each worker). (ii) Warning signs were posted at the entrances to the work area. (iii) If test kits were used, that the specified br and of kits was used at the specified locations and that the results were as specified. (iv) The work area was contained by: (A) Removing or covering all objects in the work ar ea (interiors). (B) Closing and covering all HVAC ducts in the work area (interiors). (C) Closing all windows in the work area (interiors ) or closing all windows in and within 20 feet of the work area (exteriors). (D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (e xteriors). (E) Covering doors in the work area that were being used to allow passage but prevent spread of dust. (F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a su fficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored t o the building extending 10 feet beyond the perimeter of surfaces undergoing re novation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors). (G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors). (v) Waste was contained on-site and while being tra nsported off-site.32

(vi) The work area was properly cleaned after the r enovation by: (A) Picking up all chips and debris, misting protec tive sheeting, folding it dirty side inward, and taping it for removal. (B) Cleaning the work area surfaces and objects usi ng a HEPA vacuum and/or wet cloths or mops (interiors). (vii) The certified renovator performed the post-re novation cleaning verification (the results of which must be briefly described, in cluding the number of wet and dry cloths used). (c) When test kits are used, the renovation firm mu st, within 30 days of the completion of the renovation, provide identifying i nformation as to the manufacturer and model of the test kits used, a des cription of the components that were tested including their locations, and the test kit results to the person who

contracted for the renovation. (d) If dust clearance sampling is performed in lieu of cleaning verification as permitted by Sec. 745.85(c), the renovation firm mu st provide, within 30 days of the completion of the renovation, a copy of the dus t sampling report to the person

who contracted for the renovation.

R307-841-6. Recordkeeping and reporting requiremen ts.

(1) Firms performing renovations must retain and, i f requested, make available to the Executive Secretary EPA all records necessary to demonstrate compliance

with this rule subpart

for a period of 3 years following completion of th e renovation. This 3-year retention requirement does not supersede longer obligations required by other provisions for retain ing the same documentation, including any applicable State or Tribal laws or re gulations

. (2) Records that must be retained pursuant to parag raph (1) (a) of this section shall include (where applicable): (a) Reports certifying that a determination had bee n made by an inspector (certified pursuant to either Federal regulations a t §745.226 or an EPA

authorized State or Tribal certification program R307-842 ) that lead-based paint is not present on the components affected by the re novation, as described in R307-841-3(1)(a) §745.82(b)(1)

. (b) Signed and dated acknowledgements of receipt as described in R307-841- 4(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a)(i), and (3 )(b)(i) §745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A). (c) Certifications of attempted delivery as describ ed in R307-841-4(1)(b)(i) and (3)(b)(i) §745.84(a)(2)(i) and (c)(1)(ii)(A)

. (d) Certificates of mailing as described in R307-84 1-4(1)(a)(ii), (1)(b)(ii), (2)(a)(ii), (3)(a)(ii), and (3)(b)(ii) §745.84(a)(1 )(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B)

. (e) Records of notification activities performed re garding common area renovations, as described in R307-841-4(2)(c) and ( 2)(d) §745.84(b)(3) and33

(b)(4) , and renovations in child-occupied facilities, as described in R307-841- 4(3)(c) § 745.84(c)(2)

. (f) Any signed and dated statements received from o wner-occupants documenting that the requirements of R307-841-5 § 745.85 do not apply. These statements

must include a declaration that the renovation will occur in the owner’s residence, a declaration that no children under age 6 reside there, a declaration that no pregnant woman resides there, a declaration that the housing is not a child-occupied facility, the address of the unit un dergoing renovation, the owner’s name, an acknowledgment by the owner that the work practices to be used during the renovation will not necessarily include all of the lead-safe work practices contained in the Executive Secretary’s EPA’s renovation, repair, and painting rule, the signature of the owner, and the date of s ignature. These statements must be written in the same language as the text of the renovation contract, if any. (g) Documentation of compliance with the requiremen ts of R307-841-5 § 745.85

, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job tr aining for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in R307-841-5(1) § 745.85(a) , and that the certified renovator performed the post-renovation cleaning ve rification described in R307- 841-5(2) § 745.85(b) . If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as de fined in R307-841-3 § 745.82

, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must inc lude a copy of the certified renovator’s training certificate, and a certificati on by the certified renovator assigned to the project that: (i) Training was provided to workers (topics must b e identified for each worker). (ii) Warning signs were posted at the entrances to the work area. (iii) If test kits were used, that the specified br and of kits was used at the specified locations and that the results were as specified. (iv) The work area was contained by: (A) Removing or covering all objects in the work ar ea (interiors). ; (B) Closing and covering all HVAC ducts in the work area (interiors). (C) Closing all windows in the work area (interiors ) or closing all windows in and within 20 feet of the work area (exteriors). ; (D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors). ; (E) Covering doors in the work area that were being used to allow passage but prevent spread of dust. ; (F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a su fficient distance to contain the dust, whichever is greater (interiors) or cover ing the ground with plastic sheeting or other disposable impermeable material a nchored to the building34

extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris , whichever is greater, unless the property line prevents 10 feet of such ground cover ing, weighted down by heavy objects (exteriors); and

. (G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors). (v) Waste was contained on-site and while being tra nsported off-site. (vi) The work area was properly cleaned after the r enovation by: (A) Picking up all chips and debris, misting protec tive sheeting, folding it dirty side inward, and taping it for removal; and

. (B) Cleaning the work area surfaces and objects usi ng a HEPA vacuum and/or wet cloths or mops (interiors). (vii) The certified renovator performed the post-re novation cleaning verification (the results of which must be briefly described, in cluding the number of wet and dry cloths used). (3) When test kits are used, the renovation firm mu st, within 30 days of the completion of the renovation, provide identifying i nformation as to the manufacturer and model of the test kits used, a des cription of the components that were tested including their locations, and the test kit results to the person who contracted for the renovation. (4) If dust clearance sampling is performed in lieu of cleaning verification as permitted by R307-841-5(3) § 745.85(c) , the renovation firm must provide, within 30 days of the completion of the renovation, a copy of the dust sampling report to the person who contracted for the renovation.

Analysis

40 CFR 745.86(a) was modified by replacing “EPA” wi th “the Executive Secretary” as the Executive Secretary administers the State RRP Rule. Next, “subpart” was replaced with

“rule” in order to conform with the State RRP Rule format. Finally, the statement “, including any applicable State or Tribal laws or re gulations” was removed as it is not applicable to the State RRP program and the Executi ve Secretary does not have authority to enforce regulations on Tribal lands.

40 CFR 745.86(b) was modified by replacing the Fede ral RRP Rule reference “(a)” with the corresponding State RRP Rule reference “(1)”.

40 CFR 745.86(b)(1) was modified by replacing the s tatement “either Federal regulations at §745.226 or an EPA-authorized State or Tribal certi fication program” with “R307-842” as the Executive Secretary administers inspector certi fication and individuals need to be certified pursuant to Utah Administrative Code and not pursuant to 40 CFR 745.226 or a State or Tribal program authorized pursuant to 40 C FR 745.324. In Utah, regulated work activities performed in regulated structures must b e performed by individuals certified by the35

DAQ LBP program. Additionally, “§745.82(b)(1)” was replaced by “R307-841-3(1)(a)” which corresponds to 40 CFR 745.82(a)(1) in order t o correct the inaccurate rule reference

found in the current version of the Federal RRP Rul e.

40 CFR 745.86(b)(2) was modified by replacing Feder al RRP Rule references “§745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)( A), and (c)(1)(ii)(A)” with corresponding State RRP Rule references “R307-841-4(1)(a)(i), (1) (b)(i), (2)(a)(i), (3)(a)(i), and (3)(b)(i)”.

40 CFR 745.86(b)(3) was modified by replacing Feder al RRP Rule references “§745.84(a)(2)(i) and (c)(1)(ii)(A)” with correspon ding State RRP Rule references “R307- 841-4(1)(b)(i) and (3)(b)(i)”.

40 CFR 745.86(b)(4) was modified by replacing Feder al RRP Rule references “§745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)( i)(B), and (c)(1)(ii)(B)” with corresponding State RRP Rule references “R307-841-4(1)(b)(i) and (3)(b)(i)”.

40 CFR 745.86(b)(5) was modified by replacing Feder al RRP Rule references §745.84(b)(3) and (b)(4)” and “§ 745.84(c)(2)” with corresponding State RRP Rule references “R307- 841-4(2)(c) and (2)(d)” and “R307-841-4(3)(c)”, res pectively.

40 CFR 745.86(b)(6) was modified by replacing “§ 74 5.85” with the corresponding State

RRP Rule references “R307-841-5” and “EPA’s” was re placed with “Executive Secretary’s” as the Executive Secretary administers the State RRP Rule.

40 CFR 745.86(b)(7) was modified by replacing Feder al RRP Rule references with corresponding State RRP Rule references.

40 CFR 745.86(b)(7)(iv)(A), (B), (C), (D), and (E) were modified by replacing the period

with a semicolon at the end of the section to bette r conform to State Rules format.

40 CFR 745.86(b)(7)(iv)(F) was modified by replacin g the period at the end of the paragraph with “; and” to further clarify recordkee ping requirements.

40 CFR 745.86(b)(7)(vi)(A) was modified by replacin g the period at the end of the paragraph with “; and” to further clarify recordkee ping requirements.

40 CFR 745.86(d) was modified by replacing “§ 745.8 5(c)” with the corresponding State RRP Rule reference, “R307-841-5(3)”.

Program Analysis Item #8

40 CFR 745.87. Enforcement and inspections.36

(a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA section 409 (15 U.S.C. 2689). (b) Failure or refusal to establish and maintain re cords or to make available or permit access to or copying of records, as required by this subpart, is a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and 2689). (c) Failure or refusal to permit entry or inspectio n as required by 40 CFR 745.87 and TSCA section 11 (15 U.S.C. 2610) is a violation of sections 15 and 409 (15 U.S.C. 2614 and 2689). (d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. (e) Lead-based paint is assumed to be present at re novations covered by this subpart. EPA may conduct inspections and issue subp oenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to e nsure compliance with this subpart.

Analysis

40 CFR 745.87 was not incorporated into Utah Admini strative Code because the DAQ already has authorities for enforcement and inspect ions and DAQ regulatory activities will be performed pursuant to those authorities and not USEPA authorities:

§745.87 Enforcement and inspections.

(a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA section 409 (15 U.S.C. 2689). (b) Failure or refusal to establish and maintain re cord s or to make available or permit access to or copying of records, as required by this subpart, is a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and 268 9). (c) Failure or refusal to permit entry or inspectio n as required by 40 CFR 745.87

and TSCA section 11 (15 U.S.C. 2610) is a violation of secti ons 15 and 409 (15 U.S.C. 2614 and 2689). (d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. (e) Lead

- based paint is assumed to be present at renovations covered by this subpart. EPA may conduct inspections and issue subp oenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to e nsure compliance with this subpart.

Program Analysis Item #9

40 CFR 745.88. Recognized test kits.37

(a) Effective June 23, 2008, EPA recognizes the tes t kits that have been determined by National Institute of Standards and T echnology research to meet the negative response criteria described in paragraph ( c)(1) of this section. This recognition will last until EPA publicizes its reco gnition of the first test kit that meets both the negative response and positive respo nse criteria in paragraph (c) of

this section. (b) No other test kits will be recognized until the y are tested through EPA’s Environmental Technology Verification Program or ot her equivalent EPA approved testing program. (1) Effective September 1, 2008, to initiate the te sting process, a test kit

manufacturer must submit a sufficient number of kit s, along with the instructions for using the kits, to EPA. The test kit manufactur er should first visit the following website for information on where to apply:http:// www.epa.gov/etv/howtoapply.html. (2) After the kit has been tested through the Envir onmental Technology Verification Program or other equivalent approved E PA testing program, EPA will review the report to determine whether the required criteria have been met. (3) Before September 1, 2010, test kits must meet o nly the negative response criteria in paragraph (c)(1) of this section. The r ecognition of kits that meet only this criteria will last until EPA publicizes its re cognition of the first test kits that meets both of the criteria in paragraph (c) of this section. (4) After September 1, 2010, test kits must meet bo th of the criteria in paragraph (c) of this section. (5) If the report demonstrates that the kit meets t he required criteria, EPA will issue a notice of recognition to the kit manufactur er, provide them with the report, and post the information on EPA’s website. (6) If the report demonstrates that the kit does no t meet the required criteria, EPA will notify the kit manufacturer and provide them w ith the report. (c) Response criteria—(1) Negative response criteri a. For paint containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative res ponse less than or equal to 5%

of the time.

Analysis

40 CFR 745.88 was not incorporated into Utah Admini strative Code because the DAQ is not seeking authority to recognize test kits and be lieves that authority rests with USEPA:

§ 745.88 Recognized test kits.

(a) Effective June 23, 2008, EPA recognizes the tes t kits that have been determined by National Institute of Standards and T echnology resea rch to meet38

the negative response criteria described in paragra ph (c)(1) of this section. This recognition will last until EPA publicizes its reco gnition of the first test kit that meets both the negative response and positive respo nse criteria in paragrap h (c) of this section. (b) No other test kits will be recognized until the y are tested through EPA’s Environmental Technology Verification Program or ot her equivalent EPA approved testing program. (1) Effective September 1, 2008, to initiate the te sting process, a test kit manufacturer must submit a sufficient number of kit s, along with the instructions for using the kits, to EPA. The test kit manufactur er should first visit the following website for information on where to apply:http:// www.epa.gov/etv/h owtoapply.html. (2) After the kit has been tested through the Envir onmental Technology Verification Program or other equivalent approved E PA testing program, EPA will review the report to determine whether the req uired criteria have been met. (3) Before September 1, 2010, test kits must meet only the neg ative response criteria in paragraph (c)(1) of this section. The r ecognition of kits that meet only this criteria will last until EPA publicizes its re cognition of the first test kits that meets both of th e criteria in paragraph (c) of this section. (4) After September 1, 2010, test kits must meet bo th of the criteria in paragraph (c) of this section. (5) If the report demonstrates that the kit meets t he required criteria, EPA will issue a notice of recog nition to the kit manufacturer, provide them with t he report, and post the information on EPA’s website. (6) If the report demonstrates that the kit does no t meet the required criteria, EPA will notify the kit manufacturer and provide them w ith the report

. (c) Response criteria

— (1) Negative response criteria. For paint containin g lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative res ponse less than or equal to 5% of the time. (2) Positive response criteria. For paint containin g lead below the regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated probab ility (with 95% confidence) of a positive response less than or equal to 10% of the time.

Program Analysis Item #10

40 CFR 745.89. Firm Certification.

(a) Initial certification. (1) Firms that perform r enovations for compensation must apply to EPA for certification to perform renovatio ns or dust sampling. To apply, a firm must submit to EPA a completed “Application fo r Firms,” signed by an authorized agent of the firm, and pay at least the correct amount of fees. If a firm pays more than the correct amount of fees, EPA will reimburse the firm for the39

excess amount. (2) After EPA receives a firm's application, EPA wi ll take one of the following actions within 90 days of the date the application is received: (i) EPA will approve a firm's application if EPA de termines that it is complete and that the environmental compliance history of the fi rm, its principals, or its key employees does not show an unwillingness or inabili ty to maintain compliance with environmental statutes or regulations. An applicati on is complete if it contains all of the information requested on the form and includ es at least the correct amount of fees. When EPA approves a firm's application, EP A will issue the firm a certificate with an expiration date not more than 5 years from the date the application is approved. EPA certification allows t he firm to perform renovations covered by this section in any State or Indian Trib al area that does not have a renovation program that is authorized under subpart Q of this part. (ii) EPA will request a firm to supplement its appl ication if EPA determines that the application is incomplete. If EPA requests a fi rm to supplement its application, the firm must submit the requested information or p ay the additional fees within 30 days of the date of the request. (iii) EPA will not approve a firm's application if the firm does not supplement its application in accordance with paragraph (a)(2)(ii) of this section or if EPA determines that the environmental compliance histor y of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulatio ns. EPA will send the firm a letter giving the reason for not approving the appl ication. EPA will not refund the application fees. A firm may reapply for certificat ion at any time by filing a new, complete application that includes the correct amou nt of fees. (b) Re-certification. To maintain its certification , a firm must be re-certified by EPA every 5 years. (1) Timely and complete application. To be re-certi fied, a firm must submit a complete application for re-certification. A comple te application for re-certification includes a completed “Application for Firms” which contains all of the information requested by the form and is signed by an authorize d agent of the firm, noting on

the form that it is submitted as a re-certification . A complete application must also

include at least the correct amount of fees. If a f irm pays more than the correct amount of fees, EPA will reimburse the firm for the excess amount. (i) An application for re-certification is timely i f it is postmarked 90 days or more

before the date the firm's current certification ex pires. If the firm's application is complete and timely, the firm's current certificati on will remain in effect until its expiration date or until EPA has made a final decis ion to approve or disapprove the re-certification application, whichever is late r. (ii) If the firm submits a complete re-certificatio n application less than 90 days before its current certification expires, and EPA d oes not approve the application before the expiration date, the firm's current cert ification will expire and the firm

will not be able to conduct renovations until EPA a pproves its re-certification40

application. (iii) If the firm fails to obtain recertification b efore the firm's current certification expires, the firm must not perform renovations or d ust sampling until it is certified anew pursuant to paragraph (a) of this section. (2) EPA action on an application. After EPA receive s a firm's application for recertification, EPA will review the application and take one of the following actions within 90 days of receipt: (i) EPA will approve a firm's application if EPA de termines that it is timely and complete and that the environmental compliance hist ory of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulatio ns. When EPA approves a firm's application for re-certification, EPA will i ssue the firm a new certificate with an expiration date 5 years from the date that the f irm's current certification expires. EPA certification allows the firm to perform renova tions or dust sampling covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. (ii) EPA will request a firm to supplement its appl ication if EPA determines that the application is incomplete. (iii) EPA will not approve a firm's application if it is not received or is not complete as of the date that the firm's current cer tification expires, or if EPA determines that the environmental compliance histor y of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulatio ns. EPA will send the firm a letter giving the reason for not approving the appl ication. EPA will not refund the application fees. A firm may reapply for certificat ion at any time by filing a new application and paying the correct amount of fees. (c) Amendment of certification. A firm must amend i ts certification within 90 days of the date a change occurs to information included in the firm's most recent application. If the firm fails to amend its certifi cation within 90 days of the date the change occurs, the firm may not perform renovations or dust sampling until its

certification is amended. (1) To amend a certification, a firm must submit a completed “Application for Firms,” signed by an authorized agent of the firm, noting on the form that it is submitted as an amendment and indicating the inform ation that has changed. The firm must also pay at least the correct amount of f ees. (2) If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, EPA will reques t the firm to submit the necessary information or fees. The firm's certifica tion is not amended until the firm complies with the request. (3) Amending a certification does not affect the ce rtification expiration date. (d) Firm responsibilities. Firms performing renovat ions must ensure that: (1) All individuals performing renovation activitie s on behalf of the firm are either certified renovators or have been trained by a cert ified renovator in accordance41

with Sec. 745.90. (2) A certified renovator is assigned to each renov ation performed by the firm and discharges all of the certified renovator responsib ilities identified in Sec. 745.90. (3) All renovations performed by the firm are perfo rmed in accordance with the work practice standards in Sec. 745.85. (4) The pre-renovation education requirements of Se c. 745.84 have been performed. (5) The recordkeeping requirements of Sec. 745.86 a re met.

R307-841-7. Firm certification.

(1) Initial certification. (a) Firms that perform renovations for compensation must apply to EPA the Executive Secretary for certification to perform renovations or dust s ampling. To apply, a firm must submit to EPA the Executive Secretary a completed “LeadBased Paint Certification Application for Firms,” signed by an authorized ag ent of the firm, and pay at least the correct amount of fees. If a firm pays more th an the correct amount of fees, EPA will reimburse the firm for the excess amount. (b) After EPA the Executive Secretary receives a firm’s application, EPA the Executive Secretary will take one of the following actions within 90 d ays of the date the application is received: (i) EPA The Executive Secretary will approve a firm’s application if EPA the Executive Secretary

determines that it is complete and that the enviro nmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain complianc e with environmental statutes or regulations. An application is complete if it conta ins all of the information requested on the form and includes at least the cor rect amount of fees. When EPA the Executive Secretary approves a firm’s application, EPA the Executive Secretary will issue the firm a certificate with an expirati on date not more than 5 years from the date the application is approved. ; EPA certification al lows the firm to perform renovations covered by this section in a ny State or Indian Tribal area that does not have a renovation program that is aut horized under subpart Q of this
part. (ii) EPA The Executive Secretary will request a firm to supplement its application if EPA the Executive Secretary determines that the application is incomplete. If

EPA the Executive Secretary requests a firm to supplement its application, the firm must submit the requested information or pay t he additional fees within 30 days of the date of the request; and

. (iii) EPA The Executive Secretary will not approve a firm’s application if the firm does not supplement its application in accordance w ith paragraph (1)(b)(ii) (a)(2)(ii) of this section or if EPA the Executive Secretary determines that the environmental compliance history of the firm, its p rincipals, or its key employees demonstrates an unwillingness or inability to maint ain compliance with42

environmental statutes or regulations. EPA The Executive Secretary will send the firm a letter giving the reason for not approving t he application. EPA The Executive Secretary will not refund the application fees. A firm may r eapply for certification at any time by filing a new, complete application that includes the correct amount of fees. (2) Re-certification. To maintain its certification , a firm must be re-certified by

EPA the Executive Secretary every 5 years

. (a) Timely and complete application. To be re-certi fied, a firm must submit a complete application for re-certification. A comple te application for recertification includes a completed “Lead-Based Pain t Certification Application for Firms” which contains all of the information re quested by the form and is signed by an authorized agent of the firm, noting o n the form that it is submitted as a re-certification. A complete application must also include at least the correct amount of fees. If a firm pays more than the correc t amount of fees, EPA will reimburse the firm for the excess amount. (i) An application for re-certification is timely i f it is postmarked 90 days or more before the date the firm’s current certification ex pires. If the firm’s application is complete and timely, the firm’s current certificati on will remain in effect until its expiration date or until EPA the Executive Secretary has made a final decision to approve or disapprove the re-certification applicat ion, whichever is later. (ii) If the firm submits a complete re-certificatio n application less than 90 days before its current certification expires, and EPA the Executive Secretary does not approve the application before the expiration date, the firm’s current certification will expire and the firm will not be able to conduc t renovations until EPA the Executive Secretary approves its re-certification application. (iii) If the firm fails to obtain recertification before the firm’s current certification expires, the firm must not perform re novations or dust sampling until it is certified anew pursuant to paragraph (1), of this section. (b) EPA Executive Secretary action on an application. After EPA the Executive Secretary receives a firm’s application for re-certification , EPA the Executive Secretary will review the application and take one of the fo llowing actions within 90 days of receipt: (i) EPA The Executive Secretary will approve a firm’s application if EPA the Executive Secretary determines that it is timely and complete and that the environmental compliance history of the firm, its p rincipals, or its key employees does not show an unwillingness or inability to main tain compliance with environmental statutes or regulations. When EPA the Executive Secretary approves a firm’s application for re-certification, EPA the Executive Secretary will issue the firm a new certificate with an expir ation date not more than 5 years from the date that the firm’s current certification expires. EPA certification allows the firm to perform renovations or dust samp ling covered by this section in any State or Indian Tribal area that does not have a renovation program that is

authori zed under subpart Q of this part.43

(ii) EPA The Executive Secretary will request a firm to supplement its application if EPA the Executive Secretary determines that the application is incomplete. (iii) EPA The Executive Secretary will not approve a firm’s application if it is not received or is not complete as of the date that the firm’s current certification expires, or if EPA the Executive Secretary determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain complianc e with environmental statutes or regulations. EPA the Executive Secretary will send the firm a letter giving the reason for not approving the application. EPA the Executive Secretary will not refund the application fees. A firm may reapply for certification at any time by filing a new application and paying the correct amo unt of fees. (3) Amendment of certification. A firm must amend its certification within 90 days of the date a change occurs to information inc luded in the firm’s most recent application. If the firm fails to amend its certif ication within 90 days of the date the change occurs, the firm may not perform renovat ions or dust sampling until its certification is amended. (a) To amend a certification, a firm must submit a completed “Lead-Based Paint Certification Application for Firms,” signed by an authorized ag ent of the firm, noting on the form that it is submitted as an amend ment and indicating the information that has changed. The firm must also pa y at least the correct amount of fees. (b) If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, EPA the Executive Secretary will request the firm to submit the necessary information or fees. T he firm’s certification is not amended until the firm complies with the request. (c) Amending a certification does not affect the ce rtification expiration date. (4) Firm responsibilities. Firms performing renovat ions must ensure that: (a) All individuals performing renovation activitie s on behalf of the firm are either certified renovators or have been trained by a certified renovator in accordance with R307-841-8; § 745.90. (b) A certified renovator is assigned to each renov ation performed by the firm and discharges all of the certified renovator responsib ilities identified in R307-841-8; § 745.90. (c) All renovations performed by the firm are perfo rmed in accordance with the work practice standards in R307-841-5; § 745. 85. (d) The pre-renovation education requirements of R3 07-841-4 § 745.84 have been performed; and (e) The recordkeeping requirements of R307-841-6 § 745.86 are met.

Analysis

40 CFR 745.89(a)(1) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah. The44

statement “If a firm pays more than the correct amo unt of fees, EPA will reimburse the firm

for the excess amount.” was removed as fees are non refundable per State of Utah policy.

The statement “at least” was also removed for bette r sentence structure.

40 CFR 745.89(a)(2) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah.

40 CFR 745.89(a)(2)(i) was modified by replacing “E PA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah. Additionally, the statement “EPA certification allo ws the firm to perform renovations covered by this section in any State or Indian Trib al area that does not have a renovation program that is authorized under subpart Q of this part.” was removed because the State of Utah has no authority to require such and this auth ority is retained by USEPA. Finally, the period after “application is approved” was replaced with a semicolon to better conform to

State Rules format.

40 CFR 745.89(a)(2)(ii) was modified by replacing “ EPA” with “the Executive Secretary” as the Executive Secretary administers firm certifi cations within the State of Utah. The period at the end of the paragraph was replaced wit h “; and” to further clarify Executive Secretary actions.

40 CFR 745.89(a)(2)(iii) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers firm certifi cations within the State of Utah. The citation “(a)(2)(ii)” was replaced with the corresp onding State RRP Rule reference, “(1)(b)(ii)”.

40 CFR 745.89(b) was modified by replacing “EPA” wi th “the Executive Secretary” as the Executive Secretary administers firm certifications within the State of Utah. The statement “every 5 years” was removed as it was redundant and the 5 year expiration date is cited in several other provisions in the section.

40 CFR 745.89(b)(1) was modified by adding “Lead-Ba sed Paint Certification” before the statement ‘Application for Firms’ in order to inclu de the corresponding DAQ form title. Additionally, the statement “If a firm pays more th an the correct amount of fees, EPA will

reimburse the firm for the excess amount.” was remo ved as fees are nonrefundable per State of Utah policy.

40 CFR 745.89(b)(1)(i) & (ii) were modified by repl acing “EPA” with “the Executive Secretary” as the Executive Secretary administers f irm certifications within the State of

Utah.

40 CFR 745.89(b)(2) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah.45

40 CFR 745.89(b)(2)(i) was modified by replacing “E PA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah. Additionally, the statement “EPA certification allo ws the firm to perform renovations or dust sampling covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.” was removed because the State of Utah has no authority to require such and this authority is retained by USEPA.

40 CFR 745.89(b)(2)(ii) & (iii) were modified by re placing “EPA” with “the Executive Secretary” as the Executive Secretary administers f irm certifications within the State of

Utah.

40 CFR 745.89(c)(1) was modified by adding “Lead-Ba sed Paint Certification” before the statement ‘Application for Firms’ in order to inclu de the corresponding DAQ form title.

40 CFR 745.89(c)(2) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers firm certificat ions within the State of Utah.

40 CFR 745.89(d)(1)&(2) were modified by replacing “§ 745.90.” with the corresponding State RRP Rule reference, “R307-841-8 ;”.

40 CFR 745.89(d)(3) was modified by replacing “§ 74 5.85.” with the corresponding State RRP Rule reference, “R307-841-5;”.

40 CFR 745.89(d)(4) was modified by replacing “§ 74 5.84” with the corresponding State RRP Rule reference, “R307-841-4;”. Additionally, t he period at the end of the paragraph was replaced with “; and” to further clarify firm r esponsibility requirements.

40 CFR 745.89(d)(5) was modified by replacing “§ 74 5.86” with the corresponding State RRP Rule reference, “R307-841-4”.

Program Analysis Item #11

40 CFR 745.90. Renovator certification and dust sa mpling technician certification.

(a) Renovator certification and dust sampling techn ician certification. (1) To become a certified renovator or certified dust samp ling technician, an individual must successfully complete the appropriate course a ccredited by EPA under Sec. 745.225 or by a State or Tribal program that is aut horized under subpart Q of this part. The course completion certificate serves as p roof of certification. EPA

renovator certification allows the certified indivi dual to perform renovations covered by this section in any State or Indian Trib al area that does not have a renovation program that is authorized under subpart Q of this part. EPA dust46

sampling technician certification allows the certif ied individual to perform dust clearance sampling under Sec. 745.85(c) in any Stat e or Indian Tribal area that does not have a renovation program that is authoriz ed under subpart Q of this part. (2) Individuals who have successfully completed an accredited abatement worker or supervisor course, or individuals who have succe ssfully completed an EPA, HUD, or EPA/HUD model renovation training course ma y take an accredited refresher renovator training course in lieu of the initial renovator training course to

become a certified renovator. (3) Individuals who have successfully completed an accredited lead-based paint inspector or risk assessor course may take an accre dited refresher dust sampling technician course in lieu of the initial training t o become a certified dust sampling

technician. (4) To maintain renovator certification or dust sam pling technician certification, an individual must complete a renovator or dust sampli ng technician refresher course accredited by EPA under Sec. 745.225 or by a State or Tribal program that is authorized under subpart Q of this part within 5 ye ars of the date the individual completed the initial course described in paragraph (a)(1) of this section. If the individual does not complete a refresher course wit hin this time, the individual

must re-take the initial course to become certified again. (b) Renovator responsibilities. Certified renovator s are responsible for ensuring compliance with Sec. 745.85 at all renovations to w hich they are assigned. A

certified renovator: (1) Must perform all of the tasks described in Sec. 745.85(b) and must either perform or direct workers who perform all of the ta sks described in Sec. 745.85(a). (2) Must provide training to workers on the work pr actices they will be using in performing their assigned tasks. (3) Must be physically present at the work site whe n the signs required by Sec. 745.85(a)(1) are posted, while the work area contai nment required by Sec. 745.85(a)(2) is being established, and while the wo rk area cleaning required by Sec. 745.85(a)(5) is performed. (4) Must regularly direct work being performed by o ther individuals to ensure that the work practices are being followed, including ma intaining the integrity of the containment barriers and ensuring that dust or debr is does not spread beyond the

work area. (5) Must be available, either on-site or by telepho ne, at all times that renovations are being conducted. (6) When requested by the party contracting for ren ovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint. (7) Must have with them at the work site copies of their initial course completion

certificate and their most recent refresher course completion certificate. (8) Must prepare the records required by Sec. 745.8 6(b)(7).47

(c) Dust sampling technician responsibilities. When performing optional dust clearance sampling under Sec. 745.85(c), a certifie d dust sampling technician: (1) Must collect dust samples in accordance with Se c. 745.227(e)(8), must send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and must compare the results to the clearan ce levels in accordance with Sec. 745.227(e)(8). (2) Must have with them at the work site copies of their initial course completion

certificate and their most recent refresher course completion certificate.

R307-841-8. Renovator certification and dust sampl ing technician certification.

(1) Renovator certification and dust sampling tech nician certification. (a) To become a certified renovator or certified du st sampling technician, an individual must successfully complete the appropria te course accredited by EPA the Executive Secretary under R307-842-1 § 745.225 or by a State or Tribal program that is authorized under subpart Q of this part. The course completion certificate serves as proof of certification. EPA r enovator certification al lows the certified individual to perform renovations covered by this section in any State or

Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. EPA dust sampling tec hnician certification allows

the c ertified individual to perform dust clearance sampl ing under § 745.85(c) in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. (b) Individuals who have successfully completed an accredited abatement worker or supervisor course, or individuals who have succe ssfully completed an Executive Secretary, EPA, HUD, or EPA/HUD model renovation training cou rse may take an accredited refresher renovator training course in lieu of the initial renovator training course to become a certified ren ovator. (c) Individuals who have successfully completed an accredited lead-based paint inspector or risk assessor course may take an accre dited refresher dust sampling technician course in lieu of the initial training t o become a certified dust sampling technician. (d) To maintain renovator certification or dust sam pling technician certification, an individual must complete a renovator or dust sam pling technician refresher course accredited by EPA the Executive Secretary under R307-842-1 § 745.225 or by a State or Tribal program that is authorized under subpart Q of this part within 5 years of the date the individual completed the initial course described in paragraph (1)(a) (a)(1) of this section. If the individual does not comple te a refresher course within this time, the individual m ust re-take the initial course to become certified again. (2) Renovator responsibilities. Certified renovator s are responsible for ensuring compliance with R307-841-5 § 745.85 at all renovations to which they are assigned. A certified renovator:48

(a) Must perform all of the tasks described in R307 -841-5(2) § 745.85(b) and must either perform or direct workers who perform a ll of the tasks described in R307-841-5(1); § 745.85(a)

. (b) Must provide training to workers on the work pr actices they will be using in performing their assigned tasks. ; (c) Must be physically present at the work site whe n the signs required by R307- 841-5(1)(a) § 745.85(a)(1) are posted, while the work area containment requir ed by R307-841-5(1)(b) § 745.85(a)(2) is being established, and while the work area cleaning required by R307-841-5(1)(e) § 745.85(a)(5) is performed. ; (d) Must regularly direct work being performed by o ther individuals to ensure that the work practices are being followed, includi ng maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond

the work area. ; (e) Must be available, either on-site or by telepho ne, at all times that renovations are being conducted. ; (f) When requested by the party contracting for ren ovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint; and

. (g) Must have with them at the work site copi es of their initial course completion certificate and their most recent refresher course completion certificate their current Utah Lead-Based Paint Renovator certificati on card

. (h) Must prepare the records required by R307-841-6 (2)(g) § 745.86(b)(7)

. (3) Dust sampling technician responsibilities. When performing optional dust clearance sampling under R307-841-5(3) § 745.85(c) , a certified dust sampling

technician: (a) Must collect dust samples in accordance with R3 07-843-4(5)(h)(i) through (v) § 745.227( e)(8) , must send the collected samples to a laboratory r ecognized by EPA under section 405(b) of TSCA section 405(b) , and must compare the results

to the clearance levels in accordance with R307-843 -4(5)(h) § 745.227(e)(8) ; and

. (b) Must have with them at the work site copies of their initial course completion certificate and their most recent refresher course completion certificate their current Utah Lead-Based Paint Dust Sampling Technic ian certification card

.

Analysis

40 CFR 745.90(a)(1) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers course accredit ation within the State of Utah. Next, “§ 745.225” was replaced with the corresponding State LBP Rule reference, “R307-842-1”. Finally, the statements “or by a State or Tribal pr ogram that is authorized under subpart Q of this part. The course completion certificate ser ves as proof of certification. EPA

renovator certification allows the certified indivi dual to perform renovations covered by this section in any State or Indian Tribal area that doe s not have a renovation program that is49

authorized under subpart Q of this part. EPA dust s ampling technician certification allows the certified individual to perform dust clearance sampling under § 745.85(c) in any State or

Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.” were removed because the State of Utah has no authority to require such and this authority is retained by USEPA.

40 CFR 745.90(a)(2) was modified by adding “Executi ve Secretary” before the first instance of “EPA” as the Executive Secretary will administer course accreditation within the State of

Utah.

40 CFR 745.90(a)(4) was modified by replacing “EPA” with “the Executive Secretary” as the Executive Secretary administers course accredit ation within the State of Utah. Next, “§ 745.225” and “(a)(1)” were replaced with the corres ponding State LBP Rule references, “R307-842-1” and “(1)(a)”, respectively. Finally, the statements “or by a State or Tribal program that is authorized under subpart Q of this part” was removed because the State of Utah has no authority to require such and this auth ority is retained by USEPA.

40 CFR 745.90(b) was modified by replacing “§ 745.8 5”, with the corresponding State LBP Rule reference, “R307-841-5”.

40 CFR 745.90(b)(1) was modified by replacing “§ 74 5.85(b)”, with the corresponding State LBP Rule reference, “R307-841-5(2)” and repla cing “§ 745.85(a)”, with the corresponding State LBP Rule reference, “R307-841-5 (1);”.

40 CFR 745.89(b)(2) was modified by replacing the period with a semicolon at the end of

the section to better conform to State Rules format

.

40 CFR 745.90(b)(3) was modified by replacing “§ 74 5.85(a)(1)”, “§ 745.85(a)(2)”, and “§ 745.85(a)(5)” with the corresponding State LBP Rule references, “R307-841-5(1)(a)”, “R307-841-5(1)(b)”, and “R307-841-5(1)(e)”, respect ively. The period at the end of the section was replaced with a semicolon to better con form to State Rules format.

40 CFR 745.89(b)(4) and (5) were modified by repla cing the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.89(b)(6) was modified by replacing the p eriod at the end of the paragraph with “; and” to further clarify renovator responsibiliti es.

40 CFR 745.90(b)(7) was modified by replacing the s tatement “copies of their initial course completion certificate and their most recent refres her course completion certificate” with

“their current Utah Lead-Based Paint Renovator cert ification card”. State of Utah RRP rules require renovators to certify through the Exe cutive Secretary to work within the State of Utah (course completion certificates are insuffi cient). Renovators who are certified by50

the Executive Secretary are issued an individual ce rtification card indicating that they may

work within the State.

40 CFR 745.90(b)(8) was modified by replacing “§ 74 5.86(b)(7)” with the corresponding State LBP Rule reference, “R307-841-6(2)(g)”.

40 CFR 745.90(c) was modified by replacing “§ 745.8 5(c)” with the corresponding State LBP Rule reference, “R307-841-5(3)”.

40 CFR 745.90(c)(1) was modified by replacing the f irst instance of “§ 745.227(e)(8)” with the State LBP Rule reference, “R307-843-4(5)(h)(i) through (v)” (corresponding to § 745.227(e)(8)(i) through (v)) in order to better cl arify dust sampling technician sample collection requirements and avoid confusion with th e text related to inspectors and risk assessors in § 745.227(e)(8). The final instance o f “§ 745.227(e)(8)” was replaced with the corresponding State LBP Rule reference, “R307-843-4 (5)(h)”. The statement “section 405(b)” removed and “section 405(b) of” was placed in front of “TSCA” to improve sentence structure. Lastly, the period at the end of the paragraph was replaced with “; and” to further clarify dust sampling technician respons ibilities.

40 CFR 745.90(c)(2) was modified by replacing the s tatement “copies of their initial course completion certificate and their most recent refres her course completion certificate” with “their current Utah Lead-Based Paint Dust Sampling Technician certification card”. State of Utah RRP rules require renovators to certify throug h the Executive Secretary to work within the State of Utah (course completion certifi cates are insufficient). Dust Sampling Technicians who are certified by the Executive Secr etary are issued an individual certification card indicating that they may work wi thin the State.

Program Analysis Item #12

40 CFR 745.91. Suspending, revoking, or modifying an individual’s or firm’s certification.

(a)(1) Grounds for suspending, revoking, or modifyi ng an individual's certification. EPA may suspend, revoke, or modify an individual's certification if the individual fails to comply with Federal lead-based paint statu tes or regulations. EPA may also suspend, revoke, or modify a certified renovator's certification if the renovator fails to ensure that all assigned renovations comply with Sec. 745.85. In addition to an administrative or judicial finding of violation, ex ecution of a consent agreement in settlement of an enforcement action constitutes, fo r purposes of this section, evidence of a failure to comply with relevant statu tes or regulations. (2) Grounds for suspending, revoking, or modifying a firm's certification. EPA may suspend, revoke, or modify a firm's certification i f the firm: (i) Submits false or misleading information to EPA in its application for

certification or re-certification.51

(ii) Fails to maintain or falsifies records require d in Sec. 745.86. (iii) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with Federal lead-based paint stat utes or regulations. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statu tes or regulations. (b) Process for suspending, revoking, or modifying certification. (1) Prior to taking action to suspend, revoke, or m odify an individual's or firm's certification, EPA will notify the affected entity in writing of the following: (i) The legal and factual basis for the proposed su spension, revocation, or

modification. (ii) The anticipated commencement date and duration of the suspension, revocation, or modification. (iii) Actions, if any, which the affected entity ma y take to avoid suspension, revocation, or modification, or to receive certific ation in the future. (iv) The opportunity and method for requesting a he aring prior to final suspension, revocation, or modification. (2) If an individual or firm requests a hearing, EP A will: (i) Provide the affected entity an opportunity to o ffer written statements in response to EPA's assertions of the legal and factu al basis for its proposed action. (ii) Appoint an impartial official of EPA as Presid ing Officer to conduct the hearing. (3) The Presiding Officer will: (i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing. (ii) Consider all relevant evidence, explanation, c omment, and argument submitted. (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an o rder is a final agency action which may be subject to judicial review. The order must contain the commencement date and duration of the suspension, r evocation, or modification. (4) If EPA determines that the public health, inter est, or welfare warrants immediate action to suspend the certification of an y individual or firm prior to the opportunity for a hearing, it will: (i) Notify the affected entity in accordance with p aragraph (b)(1)(i) through (b)(1)(iii) of this section, explaining why it is n ecessary to suspend the entity's certification before an opportunity for a hearing. (ii) Notify the affected entity of its right to req uest a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by EPA un der this section, any transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section will be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any52

such hearing at which oral testimony is presented w ill be open to the public, except that the Presiding Officer may exclude the public t o the extent necessary to allow presentation of information which may be entitled t o confidential treatment under section 14 of TSCA or part 2 of this title. (6) EPA will maintain a publicly available list of entities whose certification has been suspended, revoked, modified, or reinstated. (7) Unless the decision and order issued under para graph (b)(3)(iii) of this section specify otherwise: (i) An individual whose certification has been susp ended must take a refresher training course (renovator or dust sampling technic ian) in order to make his or her

certification current. (ii) An individual whose certification has been rev oked must take an initial renovator or dust sampling technician course in ord er to become certified again. (iii) A firm whose certification has been revoked m ust reapply for certification after the revocation ends in order to become certified ag ain. If the firm's certification has been suspended and the suspension ends less than 5 years after the firm was initially certified or re-certified, the firm does not need to do anything to reactivate its certification.

R307-841-9. Suspending, revoking, or modifying an individual’s or firm’s certification.

(1) Grounds for suspending, revoking, or modifying an individual’s certification.

EPA The Executive Secretary may suspend, revoke, or modify an individual’s certification if the individual fails to comply wit h Federal State lead-based paint statutes or regulations administrative rules . EPA The Executive Secretary may also suspend, revoke, or modify a certified renovat or’s certification if the renovator fails to ensure that all assigned renovat ions comply with R307-841-5 §

745.85 . In addition to an administrative or judicial find ing of violation, execution of a consent agreement in settlement of an enforcem ent action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (2) Grounds for suspending, revoking, or modifying a firm’s certification. EPA The Executive Secretary may suspend, revoke, or modify a firm’s certificat ion if the firm: (a) Submits false or misleading information to EPA the Executive Secretary in its application for certification or re-certification,

. (b) Fails to maintain or falsifies records required in § 745.86. R307-841-6, or (c) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with Federal State lead-based paint statutes or regulations

administrative rules . In addition to an administrative or judicial find ing of violation, execution of a consent agreement in sett lement of an enforcement action constitutes, for purposes of this section, e vidence of a failure to comply with relevant statutes or regulations.53

Analysis

40 CFR 745.91(a)(1) was modified by replacing all i nstances of “EPA” with “The Executive Secretary”, “Federal” with “State”, and “statutes o r regulations” with “administrative rules” because the Executive Secretary and State of Utah a dministrative rules are the basis for administering and enforcing the Federal statutes an d regulations by DAQ within the State of Utah. Additionally, “§ 745.85” was replaced by the corresponding State LBP Rule reference, “R307-841-5”.

40 CFR 745.91(a)(2) & (a)(2)(i) were modified by re placing “EPA” with “the Executive Secretary” as the Executive Secretary administers f irm certifications within the State of Utah. Additionally, the period was replaced by a c omma at the end of the section to better clarify the list of criteria which are considered g rounds for suspending, revoking, or modifying a firm’s certification.

40 CFR 745.91(a)(2)(ii) was modified by replacing “ § 745.86” with “R307-841-6, or” which is the corresponding State LBP Rule reference and to better clarify the list of criteria which are considered grounds for suspending, revoki ng, or modifying a firm’s certification. 40 CFR 745.91(a)(2)(iii) was modified by replacing all instances of “Federal” with “State” and “statutes or regulations” with “administrative rules” because State of Utah

administrative rules are the basis for administerin g and enforcing the Federal statutes and regulations by DAQ within the State of Utah. Addit ionally, “§ 745.85” was replaced by the corresponding State LBP Rule reference, “R307-841-5 ”.

40 CFR 745.91(b) was not incorporated into Utah Adm inistrative Code because the DAQ already has authority and procedures to suspend, re voke, or modify individual and/or firm certifications. DAQ regulatory activities will be performed pursuant to those authorities and

not USEPA authorities:

(b) Process for suspending, revoking, or modifying certification. (1) Pr ior to taking action to suspend, revoke, or modify an indi vidual’s or firm’s certification, EPA will notify the affected entity in writing of t he following: (i) The legal and factual basis for the proposed su spension, revocation, or modification. (ii) Th e anticipated commencement date and duration of the suspension, revocation, or modification. (iii) Actions, if any, which the affected entity ma y take to avoid suspension, revocation, or modification, or to receive certific ation in the future. (iv) The o

pportunity and method for requesting a hearing prio r to final suspension, revocation, or modification. (2) If an individual or firm requests a hearing, EP A will: (i) Provide the affected entity an opportunity to o ffer written statements in54

response to EP

A’s assertions of the legal and factual basis for i ts proposed

action. (ii) Appoint an impartial official of EPA as Presid ing Officer to conduct the hearing. (3) The Presiding Officer will: (i) Conduct a fair, orderly, and impartial hearing within 90 da ys of the request for a hearing. (ii) Consider all relevant evidence, explanation, c omment, and argument

submitted. (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an o rder is a final agency action which may be subject to judicial review. The order must contain the commencement date and duration of the suspension, r evocation, or modification. (4) If EPA determines that the public health, inter est, or welfare warrants

immediate action to suspend the certification of any individ ual or firm prior to the opportunity for a hearing, it will: (i) Notify the affected entity in accordance with p aragraph (b)(1)(i) through (b)(1)(iii) of this section, explaining why it is n ecessary to su spend the entity’s certification before an opportunity for a hearing. (ii) Notify the affected entity of its right to req uest a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by EPA un der this section, any transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section will be available to the pub lic, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented w ill be open to the public, except that the Presiding Officer may exclude the p ublic to the extent necessary to

allow presentation of information which may be entitled t o confidential treatment under section 14 of TSCA or part 2 of this title. (6) EPA will maintain a publicly available list of entities whose certification has been suspended, revoked, modified, or reinsta ted. (7) Unless the decision and order issued under para graph (b)(3)(iii) of this section specify otherwise: (i) An individual whose certification has been susp ended must take a refresher training course (renovator or dust sampling technic ian) in order t o make his or her certification current. (ii) An individual whose certification has been rev oked must take an initial renovator or dust sampling technician course in ord er to become certified again. (iii) A firm whose certification has been revoked m ust reapply for certification after the revocation ends in order to become certif ied again. If the firm’s certification has been suspended and the suspension ends less than 5 years after the firm was initially certified or re

- certified, the firm does not need to do55

anything to re

- activate its certification.

Program Analysis Item #13

40 CFR 745.92. Fees for the accreditation of renov ation and dust sampling technician training and the certification of renovation firms.

(a) Persons who must pay fees. Fees in accordance w ith paragraph (b) of this section must be paid by: (1) Training programs--(i) Non-exempt training prog rams. All non-exempt training programs applying to EPA for the accreditation and re-accreditation of training programs in one or more of the following discipline s: Renovator, dust sampling

technician. (ii) Exemption. No fee shall be imposed on any trai ning program operated by a State, federally recognized Indian Tribe, local gov ernment, or non-profit organization. This exemption does not apply to the certification of firms or

individuals. (2) Firms. All firms applying to EPA for certificat ion and re-certification to

conduct renovations. (b) Fee amounts--(1) Certification and accreditatio n fees. Initial and renewal certification and accreditation fees are specified in the following table:

--------------------------------------------------- --------------------- Re-accreditation (every 4 years, Training Program Accreditation see 40 CFR 745.225(f)(1) for details)

--------------------------------------------------- --------------------- Initial Renovator or Dust $560 $340 Sampling Technician Course

--------------------------------------------------- --------------------- Refresher Renovator or Dust $400 $310 Sampling Technician Course

--------------------------------------------------- --------------------- Renovation Firm Certification Re-certification (every 5 years

see 40 CFR 745.89(b))

--------------------------------------------------- --------------------- Firm $300 $300 Combined Renovation and Lead- $550 $55056

based Paint Activities Firm Application Combined Renovation and Lead- $20 $20

based Paint Activities Tribal Firm Application Tribal Firm $20 $20

--------------------------------------------------- ---------------------

(2) Lost certificate. A $15 fee will be charged for the replacement of a firm

certificate. (c) Certificate replacement. Firms seeking certific ate replacement must: (1) Complete the applicable portions of the “Applic ation for Firms” in accordance with the instructions provided. (2) Submit the application and a payment of $15 in accordance with the instructions provided with the application package. (d) Failure to remit fees. (1) EPA will not provide certification, re-certification, accreditation, or re-accreditation for any firm or training program that does not remit fees described in paragraph (b) of this secti on in accordance with the procedures specified in 40 CFR 745.89. (2) EPA will not replace a certificate for any firm that does not remit the $15 fee in accordance with the procedures specified in paragra ph (c) of this section.

Analysis

40 CFR 745.92 was not incorporated into Utah Admini strative Code because the DAQ

has chosen to establish its own fee schedule for RR P certifications in order for a more equitable fee requirement for both RRP and LBP Acti vities Certifications. The change is

as follows:

§ 745.92 Fees for the accreditation of renovation and dust sampling technici an training and the certification of renovation firms.

(a) Persons who must pay fees. Fees in accordance w ith paragraph (b) of this section must be paid by: (1) Training programs

— (i) Non

- exempt training programs. All non

- exempt training programs applying to EPA for the accreditation and re

- accreditation of training programs in one or more of the following disciplines: Renovator , dust sampling technician. (ii) Exemption. No fee shall be imposed on any trai ning program operated by a State, federally recog nized Indian Tribe, local government, or non

- profit organization. This exemption does not apply to the certification of firms or

individuals.57

(2) Firms. All firms applying to EPA for certificat ion and re

- certification to

conduct renovations. (b) Fee amou nts

— (1) Certification and accreditation fees. Initial a nd renewal certification and accreditation fees are specified in the following table: (2) Lost certificate. A $15 fee will be charged for the replacement of a firm certificate. (c) Certificate replace ment. Firms seeking certificate replacement must: (1) Complete the applicable portions of the “Applic ation for Firms” in accordance with the instructions provided. (2) Submit the application and a payment of $15 in accordance with the instructions provi ded with the application package. (d) Failure to remit fees. (1) EPA will not provid e certification, re

- certification, accreditation, or re

- accreditation for any firm or training program that does not remit fees described in paragraph (b) of this secti on in accordance with the procedures specified in 40 CFR 745.89 (2) EPA will not replace a certificate for any firm that does not remit the $15 fee in accordance with the procedures specified in para graph (c) of this section.

------------------------------- ----------------------------------------- Re

- accreditation (every 4 years, Training Program Accreditation see 40 CFR 745.225(f)(1) for details)

--------------------------------------------------- --------------------- Initial Renovator or Dust $560 $340 Sampling Technician Course

--------------------------------------------------- --------------------- Refresher Renovator or Dust $400 $310 Sampling Technician Course

--------------------------------------------------- - -------------------- Renovation Firm Certification Re

- certification (every 5 years

see 40 CFR 745.89(b))

--------------------------------------------------- --------------------- Firm $300 $300

Combined Renovation and Lead

- $550 $550

based Paint Activities Fir m Application

Combined Renovation and Lead

- $20 $20

based Paint Activities Tribal Firm Application58

Tribal Firm $20 $20

--------------------------------------------------- ---------------------

The DAQ RRP individual certification and re-certifi cation fees are found in UAC R307- 842-2(1)(e) and R307-842-2(4)(c) as follows:

(e) Individuals applying for certification must su bmit the appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The individual certification fee for a Lead-Based Paint Renovator shall be $150.00 per year. The individual certification fee for a Lead-Based Paint Dust Sampling Technician shall be $100.00 per year.

(c) Individuals applying for recertification must submit the appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The individual re-certification fee for a Lead-Bas ed Paint Renovator shall be $150.00 per year. The individual re-certification fee for a Lead-Based Paint Dust Sampling Technician shall be $100.00 per year.

The DAQ RRP individual certification and recertific ation fees are found in UAC R307- 842-2(5)(f) and (g) as follows:

(f) Firms applying for certification must submit th e appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The firm certification fee for a Lead-Based Paint Renovator Firm and/or Dust Sampling Technician Firm shall be $200.00 per year.

(g) To maintain certification a firm shall submit appropriate fees in accordance with the current Department of Environmental Qualit y Fee Schedule. The firm re-certification fee for a Lead-Based Paint Renovat or Firm and/or Dust Sampling Technician Firm shall be $200.00 per year.

*** NOTE: UAC R307-842 contains changes previously made during rulemaking for

the State of Utah Lead-based Paint Activities Rule. These rule modifications were accepted by USEPA at that time. Therefore, in an e ffort to focus on changes related to the RRP Rule and for the sake of brevity, previousl y accepted modifications will not be highlighted in the following section. ***

Program Analysis Item #14

40 CFR 745.220. Scope and Applicability.

(a) This subpart contains procedures and requiremen ts for the accreditation of59

training programs for lead-based paint activities a nd renovations, procedures and requirements for the certification of individuals a nd firms engaged in lead-based paint activities, and work practice standards for p erforming such activities. This subpart also requires that, except as discussed bel ow, all lead-based paint activities, as defined in this subpart, be performed by certifi ed individuals and firms. (b) This subpart applies to all individuals and fir ms who are engaged in lead-based paint activities as defined in Sec. 745.223, except persons who perform these activities within residential dwellings that they o wn, unless the residential dwelling is occupied by a person or persons other than the o wner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lea d level. This subpart applies only in those States or Indian Country that do not have an authorized State or Tribal program pursuant to Sec. 745.324 of subpart Q. (c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof shall be subject to, and comply with, all Federal, State, interstate, and lo cal requirements, both substantive and procedural, including the requirements of this subpart regarding lead-based paint, lead-based paint activities, and lead-based paint hazards. (d) While this subpart establishes specific req uirements for performing leadbased paint activities should they be undertaken, n othing in this subpart requires that the owner or occupant undertake any particular lead-based paint activity.

R307-840-1. Purpose and Applicability.

(1) Rule R307-840, R307-841, and R307-842 est ablish procedures and requirements for the accreditation of training prog rams for lead-based paint activities and renovations, procedures and requirem ents for the certification of individuals and firms engaged in lead-based paint a ctivities and renovations, and work practice standards for performing such activit ies. These rules also require that, except as outlined in R307-840-1(2), all lead -based paint activities and renovations, as defined in these rules, must be per formed by certified individuals and firms. (2) R307-840, R307-841, and R307-842 apply to all individuals, agencies, and firms who are engaged in lead-based paint activ ities and renovations as defined in R307-840-2, except for persons who perfo rm these activities within residential dwellings that they own, unless the res idential dwelling is occupied by a person or persons other than the owner or the own er’s immediate family while these activities are being performed, or a child re siding in the building has been identified as having an elevated blood lead level. (3) The standards for lead-based paint hazard s apply to target housing and60

child-occupied facilities. (4) R307-840, R307-841, and R307-842 do not r equire the owner of the property or properties subject to these rules to ev aluate the property or properties for the presence of lead-based paint hazards or tak e any action to control these conditions if one or more of them is identified. (5) While R307-840, R307-841, and R307-842 es tablish specific requirements for performing lead-based paint activities and reno vations should they be undertaken, these rules do not require that the own er or occupant undertake any particular lead-based paint activity or renovation. The following definitions apply to R307-840, R307-841, and R307-842 in additi on to the definitions found

in R307-101-2.

Analysis

No changes were highlighted in this section as DAQ modified the section of the State

Rule to include Federal references to “renovations” and “renovators” with no further changes. All other variances from the Federal langu age were previously reviewed and accepted by USEPA.

Program Analysis Item #15

40 CFR 745.225. Accreditation of training programs : target housing and child-occupied

facilities.

40 CFR 745.225(a)(2):

(2) Training programs may first apply to EPA for ac creditation of their lead-based paint activities courses or refresher courses pursu ant to this section on or after August 31, 1998. Training programs may first apply to EPA for accreditation of their renovator or dust sampling technician courses or refresher courses pursuant to this section on or after April 22, 2009.

R307-842-1(1)(b):

(b) Training programs may first apply to the Executive Secretary for accreditation of their lead-based paint activities courses or refresher courses pursuant to this section on or after August 31, 199 8 . Training programs may first apply to EPA the Executive Secretary for accreditation of their renovator or dust sampling technician courses or refresher courses pu rsuant to this section on or after April 22, 2009

.

Analysis:61

40 CFR 745.225(a)(2) was modified by replacing “EPA ” with “the Executive Secretary” as the Executive Secretary administers course accredit ation in the State of Utah. The statements “on or after August 31, 1998”and “on or after April 22, 2009” were removed as the rule immediately went into effect upon Air Qual ity Board approval. Finally, all instances of “first” were removed to improve sentence structu re due to the removal of the

aforementioned dates.

40 CFR 745.225(a)(3):

(3) A training program must not provide, offer, or claim to provide EPAaccredited lead-based paint activities courses with out applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after March 1, 1999. A training program must not provide, offer, or claim to provide EPA-accredited renovator or dust sampling technicia n courses without applying for and receiving accreditation from EPA as require d under paragraph (b) of this section on or after June 23, 2008.

R307-842-1(1)(c):

A training program must not provide, offer, or clai m to provide Executive Secretary EPA -accredited lead-based paint activities courses wit hout applying for and receiving accreditation from the Executive Secr etary as required under paragraph (2) (b) of this section on or after March 1, 1999 . A training program must not provide, offer, or claim to provide Execut ive Secretary-accredited renovator or dust sampling technician courses witho ut applying for and receiving accreditation from the Executive Secretary as requi red under paragraph (2) (b) of this section on or after June 23, 2008

.

Analysis:

40 CFR 745.225(a)(3) was modified by replacing refe rences to section “(b)” with the corresponding section reference, “(2)”, in the Stat e LBP rule. Additionally, the statements “on or after March 1, 1999”and “on or after June 23 , 2008” were removed as the rule immediately went into effect upon Air Quality Board approval. 40 CFR 745.225(b)(1)(ii):

(ii) A list of courses for which it is applying for accreditation. For the purposes of this section, courses taught in different languages are considered different courses, and each must independently meet the accreditation requireme nts.

R307-842-1(2)(a)(ii)and (iii):62

(ii) The appropriate fees in accordance with the cu rrent Department of Environmental Quality Fee Schedule; (iii) A list of courses for which it is applying fo r accreditation. For the purposes of this section, courses taught in different langua ges are considered different courses, and each must independently meet the accre ditation requirements. ;

Analysis:

40 CFR 745.225 (b)(1)(ii) was modified by inserting a new section stating: “The appropriate fees in accordance with the current Department of E nvironmental Quality Fee Schedule;” to conform with State of Utah fee requirements and by replacing the period with a semicolon

at the end of the section to better conform to Stat e Rules format.

40 CFR 745.225 (b)(1)(iv)(C):

(C) When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent tran slator that they had compared the course to the English language version and foun d the translation to be

accurate.

R307-842-1(2)(a)(ix)(C)

When applying for accreditation of a course in a la nguage other than English, a signed statement from a qualified, independent tran slator that they had compared the course to the English language version and foun d the translation to be

accurate. ;

Analysis:

40 CFR 745.225 (b)(1)(iv)(C) was modified by repla cing the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.225(c)(6)(vi) and (vii):

(vi) The renovator course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training act ivities. The minimum curriculum requirements for the renovator course ar e contained in paragraph (d)(6) of this section. Hands-on training activities must cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovatio n cleaning verification. (vii) The dust sampling technician course must last a minimum of 8 training hours,

with a minimum of 2 hours devoted to hands-on train ing activities. The minimum curriculum requirements for the dust sampling techn ician course are contained in63

paragraph (d)(7) of this section. Hands-on training activities must cover dust sampling methodologies.

R307-842-1(3)(g)(vi) and (vii):

(vi) The renovator course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training act ivities. The minimum curriculum requirements for the renovator course ar e contained in paragraph (4)(f) (d)(6) of this section. Hands-on training activities must cover renovation methods that minimize the creation of dust and lead -based paint hazards, interior and exterior containment and cleanup methods, and p ost-renovation cleaning verification. ; and (vii) The dust sampling technician 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 for the dust sampli ng technician course are contained in paragraph (4)(g) (d)(7) of this section. Hands-on training activities must cover dust sampling methodologies.

Analysis:

40 CFR 745.225(c)(6)(vi) and (vii) were modified by replacing the references to sections “(d)(6)” and “(d)(7)” with the corresponding sectio n reference, “(4)(f)” and “(4)(g)”, respectively, in the State LBP rule. Additionally, 40 CFR 745.225(c)(6)(vi) was modified by replacing the period at the end of the section w ith “; and” to further clarify training course requirements.

40 CFR 745.225 (c)(8)(i)-(vii):

(i) The name, a unique identification number, and a ddress of the individual. (ii) The name of the particular course that the ind ividual completed. (iii) Dates of course completion/test passage. (iv) For initial inspector, risk assessor, project designer, supervisor, or abatement worker course completion certificates, the expirati on date of interim certification, which is 6 months from the date of course completio n. (v) The name, address, and telephone number of the training program. (vi) The language in which the course was taught. (vii) For renovator and dust sampling technician co urse completion certificates, a photograph of the individual.

R307-842-1(3)(i)(iv):

(i) The name, a unique identification number, and a ddress of the individual; (ii) The name of the particular course that the in dividual completed;64

(iii) Dates of course completion/test passage; (iv) For initial inspector, risk assessor, project designer, supervisor, or abatement worker course completion certificates, the expirati on date of interim certification, which is 6 months from the date of course completio n. ; (v) The name, address, and telephone number of the training program; (vi) The language in which the course was taught. ; and (vii) For renovator and dust sampling technician c ourse completion certificates, a photograph of the individual. ;

Analysis:

40 CFR 745.225 (c)(8)(iv) was modified by replacin g the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.225(c)(8)(vi) was modified by replacing the period at the end of the section with “; and” to further clarify course certificate requirements.

40 CFR 745.225 (c)(8)(vii) was modified by replaci ng the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.225(c)(10):

(10) Courses offered by the training program must t each the work practice standards contained in Sec. 745.85 or Sec. 745.227, as applicable, in such a manner that trainees are provided with the knowledg e needed to perform the renovations or lead-based paint activities they wil l be responsible for conducting.

R307-842-1(3)(k):

(k) Courses offered by the training program must te ach the work practice

standards contained in R307-841-5 Sec. 745.85 or R307-842-3 Sec. 745.227 , as applicable, in such a manner that trainees are prov ided with the knowledge needed to perform the renovations or lead-based pai nt activities they are responsible for conducting. ;

Analysis:

40 CFR 745.225(c)(10) was modified by replacing ref erences to “Sec. 745.85” and “Sec. 745.227” with the corresponding State LBP Rule refe rences, “R307-841-5” and “R307- 842-3”, respectively. Additionally, the period at the end of the section was replaced with a

semicolon to better conform to State Rules format.

40 CFR 745.225 (c)(13)(i):65

(i) The training manager must provide EPA with noti fication of all renovator, dust sampling technician, or lead-based paint activities courses offered. The original notification must be received by EPA at least 7 bus iness days prior to the start date of any renovator, dust sampling technician, or lead-ba sed paint activities course.

R307-842-1(3)(n)(i):

(i) The training manager must provide the Executive Secretary with notification of all renovator, dust sampling technician, or lead-ba sed paint activities courses offered. The original notification must be receive d by the Executive Secretary at least 7 business days prior to the start date of an y renovator, dust sampling technician, or lead-based paint activities course. ;

Analysis:

40 CFR 745.225 (c)(13)(i) was modified by replacin g the period with a semicolon at the

end of the section to better conform to State Rules format.

40 CFR 745.225 (c)(13)(ii)(A):

(A) For renovator, dust sampling technician, or lea d-based paint activities courses beginning prior to the start date provided to EPA, an updated notification must be received by EPA at least 7 business days before the new start date.

R307-842-1(3)(n)(ii)(A):

(A) For renovator, dust sampling technician, or lea d-based paint activities courses beginning prior to the start date provided to the Executive Secretary, an updated notification must be received by the Execut ive Secretary at least 7 business days before the new start date. ; and

Analysis:

40 CFR 745.225 (c)(13)(ii)(A) was modified by repla cing the period at the end of the section with “; and” to further clarify updated not ification requirements. The change is

demonstrated below:

40 CFR 745.225 (c)(13)(ii)(B):

(B) For renovator, dust sampling technician, or lea d-based paint activities courses beginning after the start date provided to EPA, an updated notification must be received by EPA at least 2 business days before the start date provided to EPA.66

R307-842-1(3)(n)(ii)(B):

(B) For renovator, dust sampling technician, or lea d-based paint activities courses beginning after the start date provided to the Executive Secretary, an updated notification must be received by the Execut ive Secretary at least 2 business days before the start date provided to the Executive Secretary. ;

Analysis:

40 CFR 745.225 (c)(13)(ii)(B) was modified by repl acing the period with a semicolon at

the end of the section to better conform to State R ules format.

40 CFR 745.225 (c)(13)(iii):

(iii) The training manager must update EPA of any c hange in location of renovator, dust sampling technician, or lead-based paint activ ities courses at least 7 business days prior to the start date provided to EPA.

R307-842-1(3)(n)(iii):

(iii) The training manager must update the Executiv e Secretary of any change in location of renovator, dust sampling technician, or lead-based paint activities courses at least 7 business days prior to the start date provided to the Executive Secretary. ;

Analysis:

40 CFR 745.225 (c)(13)(iii) was modified by replac ing the period with a semicolon at

the end of the section to better conform to State R ules format.

40 CFR 745.225(c)(13)(vi):

(vi) Notification must be accomplished using any of the following methods: Written notification, or electronically using the A gency's Central Data Exchange (CDX). Written notification of renovator, dust samp ling technician, or lead-based paint activities course schedules can be accomplish ed by using either the sample form titled “Lead-Based Paint Activities Training C ourse Schedule” or a similar form containing the information required in paragra ph (c)(13)(v) of this section. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitt ing notification by U.S. Postal Service are reminded that they should allow 3 addit ional business days for delivery

in order to ensure that EPA receives the notificati on by the required date).67

Instructions and sample forms can be obtained from the NLIC at 1-800-424- LEAD(5323), or on the Internet at http://www.epa.go v/lead.

R307-842-1(3)(n)(vi):

(vi) Notification must be accomplished using any of the following methods: Written notification, or electronically using the U tah Division of Air Quality electronic notification system. Written notificati on of renovator, dust sampling technician, or lead-based paint activities course s chedules can be accomplished by using either the sample form titled “Renovator, Dust Sampling Technician, or Lead-Based Paint Activities Training Course Notific ation Form” or a similar form containing the information required in paragra ph (3)(n)(v) (c)(13)(v) of this section. All written notifications must be deliver ed by U.S. Postal Service, fax, commercial delivery service, or hand delivery (pers ons submitting notification by U.S. Postal Service are reminded that they should a llow 3 additional business days for delivery in order to ensure that the Execu tive Secretary receives the notification by the required date). Instructions a nd sample forms can be obtained from the Utah Division of Air Quality Lead-Based Pa int Program web site. ;

Analysis:

40 CFR 745.225(c)(13)(vi) was modified by replacing the reference to section “(c)(13)(v)” with the corresponding section referen ce, “(3)(n)(v)”, in the State LBP rule. Additionally, the period at the end of the section was replaced with a semicolon to

better conform to State Rules format.

40 CFR 745.225(c)(14)(i):

(i) The training manager must provide EPA notificat ion after the completion of any lead-based paint activities course. This notice mus t be received by EPA no later than 10 business days following course completion.

R307-842-1(3)(o)(i):

(i) The training manager must provide the Executive Secretary notification after the completion of any renovator, dust sampling tech nician, or lead-based paint activities course. This notice must be received by the Executive Secretary no later than 10 business days following the course completi on. ;

Analysis:

40 CFR 745.225(c)(14)(i) was modified by replacing the period with a semicolon at the

end of the section to better conform to State Rules format.68

40 CFR 745.225(c)(14)(iii):

(iii) Notification must be accomplished using any o f the following methods: Written notification, or electronically using the A gency's Central Data Exchange (CDX). Written notification following lead-based pa int activities training courses can be accomplished by using either the sample form titled “Lead-Based Paint Activities Training Course Follow-up” or a similar form containing the information required in paragraph (c)(14)(ii) of this section. All written notifications must be delivered by U.S. Postal Service, fax, commercial d elivery service, or hand delivery (persons submitting notification by U.S. Postal Ser vice are reminded that they should allow 3 additional business days for deliver y in order to ensure that EPA receives the notification by the required date). In structions and sample forms can be obtained from the NLIC at 1-800-424-LEAD(5323), or on the Internet at http://www.epa.gov/lead.

R307-842-1(3)(o)(iii):

(iii) Notification must be accomplished using any o f the following methods: Written notification, or electronically using the U tah Division of Air Quality electronic notification system. Written notificati on following training courses can be accomplished by using either the sample form tit led “Lead-Based Paint Post Training Notification” or a similar form containing the information required in paragraph (3)(o)(ii) (c)(14)(ii) of this section. All written notifications must b e delivered by U.S. Postal Service, fax, commercial d elivery service, or hand delivery (persons submitting notification by U.S. P ostal Service are reminded that they should allow 3 additional business days for de livery in order to ensure that the Executive Secretary receives the notification b y the required date). Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based Paint Program web site.

Analysis:

40 CFR 745.225(c)(14)(iii) was modified by replacin g the reference to section “(c)(14)(ii)” with the corresponding section refere nce, “(3)(n)(v)”, in the State LBP rule.

40 CFR 745.225(e)(2):

(2) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must last a minimum of 8 training hours. Ref resher courses for project designer, renovator, and dust sampling technician m ust last a minimum of 4 training hours.69

R307-842-1(5)(b):

(b) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must last a minimum of 8 training hours. Ref resher courses for project designer, renovator, and dust sampling technician m ust last a minimum of 4 training hours. ;

Analysis:

40 CFR 745.225(e)(2) was modified by replacing the period with a semicolon at the end

of the section to better conform to State Rules for mat.

Program Analysis Item #16

40 CFR 745.226. Certification of individuals and f irms engaged in lead-based paint activities: target housing and child-occupied facil ities.

40 CFR 745.226(a)(6):

(6) Individuals applying for certification must sub mit the appropriate fees in

accordance with Sec. 745.238.

R307-842-2(1)(e):

(e) Individuals applying for certification must sub mit the appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The individual certification fee for a Lead-Based Paint Renovator shall be $150.00 per year. The individual certification fee for a Lead-Based Paint Dust Sampling Technician shall be $100.00 per year.

40 CFR 745.226(a) was modified by adding the statem ent “The individual certification fee for a Lead-Based Paint Renovator shall be $150. 00 per year. The individual certification fee for a Lead-Based Paint Dust Sampl ing Technician shall be $100.00 per year.” at the end of section (a)(6) to allow for fe e collection for program administration funding.

40 CFR 745.226(e)(3):

(3) Individuals applying for re-certification must submit the appropriate fees in

accordance with Sec. 745.238.

R307-842-2(4)(c):70

(c) Individuals applying for recertification must s ubmit the appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The individual re-certification fee for a Lead-Bas ed Paint Renovator shall be $150.00 per year. The individual re-certification fee for a Lead-Based Paint Dust Sampling Technician shall be $100.00 per year.

Analysis:

40 CFR 745.226(e)(3) was modified by adding the sta tement “The individual recertification fee for a Lead-Based Paint Renovator shall be $150.00 per year. The

individual re-certification fee for a Lead-Based Pa int Dust Sampling Technician shall be $100.00 per year.” at the end section to allow for fee collection for program administration funding.

40 CFR 745.226(f)(6) and (7):

(6) Firms applying for certification must submit th e appropriate fees in accordance

with Sec. 745.238. (7) To maintain certification a firm shall submit a ppropriate fees in accordance with Sec. 745.238 every 3 years.

R307-842-2(5)(f) and (g):

(f) Firms applying for certification must submit th e appropriate fees in accordance with the current Department of Environme ntal Quality Fee Schedule. The firm certification fee for a Lead-Based Paint Renovator Firm and/or Dust Sampling Technician Firm shall be $200.00 per year. (g) To maintain certification a firm shall submit a ppropriate fees in accordance with the current Department of Environmental Qualit y Fee Schedule. The firm re-certification fee for a Lead-Based Paint Renovat or Firm and/or Dust Sampling Technician Firm shall be $200.00 per year.

Analysis:

40 CFR 745.226(f)(6) was modified by adding the sta tement “The firm certification fee

for a Lead-Based Paint Renovator Firm and/or Dust S ampling Technician Firm shall be $200.00 per year.” at the end section to allow for fee collection for program administration funding.

40 CFR 745.226(f)(7) was modified by adding the sta tement “The firm re-certification

fee for a Lead-Based Paint Renovator Firm and/or Du st Sampling Technician Firm shall be $200.00 per year.” at the end section to allow f or fee collection for program71

administration funding:

# UTAH LEAD-BASED PAINT PROGRAM

ENFORCEMENT AND COMPLIANCE PROGRAM

DESCRIPTION1



# UTAH LEAD-BASED PAINT PROGRAM

ENFORCEMENT AND COMPLIANCE PROGRAM

DESCRIPTION

The Utah Division of Air Quality (DAQ) is applying for final enforcement and compliance (E/C) program approval for the Utah Lead-Based Paint (LBP ) Program. This description of the E/C program shows that the DAQ has the legal authority and ability to immediately implement an E/C program. DAQ has adequate standards, administrativ e rules and legal authority as demonstrated below in E/C Element 1. The DAQ will carry out a l evel of compliance monitoring and enforcement necessary to ensure that the Utah LBP program addre sses any significant risks posed by noncompliance with the Utah LBP administrative rules.

Additionally, the DAQ will implement all of the com ponents outlined in E/C Element 2 and E/C Element 3. This requires the DAQ to submit an annu al report to the USEPA Region 8 Administrator summarizing the Utah LBP E/C program activities per formed during the previous year for, at least, the first three years of authorization.

The existing Utah LBP program dedicates 2.5 full ti me employees (FTEs) to perform program administration and enforcement of the TSCA 402 prog ram (Environmental Scientist - 1.4 FTEs, Manager - 0.2 FTE, Environmental Program Coordinato r - 0.5 FTE and Office Technician - 0.4 FTE). The DAQ proposes to allocate an additional 0 .2 FTE for the Environmental Scientist position to perform inspections specifically required by the Renovation, Repair, and Painting (RRP) program. Other responsibilities created by the implementatio n of the RRP program for the Manager, Environmental Program Coordinator and the Office Te chnician will be incorporated under the existing level of funding.

The following sections provide the additional requi red information about E/C Elements 1-3 (as outlined in 40 CFR 745.327) for USEPA Region 8 to a uthorize final E/C approval to the Utah LBP

program.



## Enforcement and Compliance Element 1

Lead-Based Paint Activities and Requirements - 40 CFR 745.327(b)(1)(iv) states:

(b) Standards, regulations, and authority. The sta ndards, regulations and authority described in paragraphs (b)(1) through (b)(4) of th is section are part of the required elements for the compliance and enforcement portion of a State or Tribal lead-based paint

program.2

(1) Lead-based paint activities and requirements. State or Tribal lead-based paint compliance and enforcement programs will be conside red adequate if the State or Indian Tribe demonstrates, in its application at §745.324( a), that it has established a lead-based paint program containing the following requirements :

(iv) Requirements that regulate the conduct of reno vation activities as described at §745.326.

The DAQ believes we have previously demonstrated in this application that the Utah LBP Program has the legislative authority (as shown in the enro lled copy of Senate Bill 118, House Bill 165 (Appendix 3) and the Utah Air Conservation Act (App endix 9)) and that our LBP administrative rules

meet the standards outlined in Title 40 Code of Fed eral Regulations (CFR) 745.326 (as shown in R307-840, R307-841, and R307-842 Utah Administrativ e Code (UAC), Appendix 4).

Authority to Enter

- Authority to enter for the Utah LBP program is f ound in the Utah Air Conservation Act 19-2-107(2)(d), Utah Code Annotate d (UCA) which states:

(2) The executive secretary may: (d) as authorized by the board, subject to the prov isions of this chapter, authorize any employee or representative of the department to ent er at reasonable time and upon reasonable notice in or upon public or private prop erty for the purposes of inspecting and investigating conditions and plant records concerni ng possible air pollution.

Additional authority to enter is found in the Utah Air Conservation Act 19-2-108(6)(a), UCA, which

states:

(6)(a) Any authorized officer, employee, or repres entative of the board may enter and inspect any property, premise, or place on or at wh ich an air contaminant source is located or is being constructed, modified, installed, or es tablished at any reasonable time for the purpose of ascertaining the state of compliance wit h this chapter and the rules adopted

under it.

The Utah LBP program is authorized by the Utah Air Conservation Act 19-2-104(1)(i), 19-2- 104(3)(r)(iv) and 19-2-104(3)(w), UCA and the Utah LBP rules were written based on this authority. It is the opinion of the Utah Attorney General's o ffice that the authority stated above is sufficient to perform the inspections necessary to assess complia nce with UAC R307-840, UAC R307-841, and

UAC R307-842.

Flexible Remedies - The Utah LBP E/C Program will provide for a dive rse and flexible array of

enforcement remedies. These remedies will include warning letters, notices of noncompliance, notices of violation, administrative or civil actions and c riminal actions, when appropriate. The Utah LBP Program will be able to select from several enforce ment alternatives taking into consideration the3

potential or actual risk and the gravity of the vio lation.

Warning letters, notices of noncompliance and notic es of violations are methods currently being used within the DAQ and specifically the Utah LBP progra m. Specific authority to issue notices of violation are found in UCA 19-2-110(1)(a), which st ates:

Whenever the executive secretary has reason to beli eve that a violation of any provision of this chapter or any rule issued under it has occurr ed, he may serve written notice of the violation upon the alleged violator. The notice sh all specify the provision of this chapter or rule alleged to be violated, the facts alleged t o constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time.

Authority to issue warning letters or notices of no ncompliance to initiate voluntary compliance is found in UCA 19-2-110(2), which states:

Nothing in this chapter prevents the board from mak ing efforts to obtain voluntary compliance through warning, conference, conciliatio n, persuasion, or other appropriate

means.

Civil or criminal actions can also be used as a fle xible remedy by the Utah LBP Program which was authorized through the Utah Air Conservation Act (T itle 19, Chapter 2, UCA). The authority to assess civil penalties is found in the Utah Air Con servation Act 19-2-115(2)(a), UCA, which states:

(2)(a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation.

Authority to assess criminal penalties is found in the Utah Air Conservation Act 19-2-115(3) and (4), UCA, which states:

(3) A person is guilty of a class A misdemeanor an d is subject to imprisonment under Section 76-3-204 and a fine of not more than $25,00 0 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement.

(4) A person is guilty of a third degree felony an d is subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per da y of violation who knowingly: (a) makes any false material statement, representa tion, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or me thod required to be maintained by this chapter or applicable rules made under this chapter

.4

Resources to Implement Lead-Based Paint Compliance and Enforcement Program - Personnel resources to implement the Utah LBP program include 1.4 Environmental Scientist FTEs who will perform program administrative as well as E/C dutie s. The section Manager, Environmental Program Coordinator and Office Technician will provide the necessary support for the administration as well as E/C activities for the LBP program. Additionally, the twelve Utah Local Health Departments/Districts (LHDs) will provide additiona l inspection support to the DAQ. These LHDs can provide the necessary inspections of LBP activi ties performed within their jurisdiction. Personne l

resources will be reevaluated on an annual basis to determine if they are adequate for the program. Fiscal resources for the Utah LBP program are curre ntly limited to the EPA LBP grant authorized through 40 CFR 745.330 and fees generated by LBP ab atement project notification requirements as

well as LBP certification fees for individuals and firms.



## Enforcement and Compliance Element 2

Training - The DAQ will continue to use our existing procedur es for training enforcement and inspection personnel used by the Utah LBP program. Inspectors will receive appropriate training and will be required to demonstrate knowledge of the LB P abatement supervisor, abatement worker, inspector, risk assessor, project designer, renovat or and dust sampling technician disciplines. Inspectors will also be trained in violation discov ery, obtaining consent, evidence gathering, preservation of evidence and chain-of-custody sampl ing procedures. Enforcement personnel will meet the training requirements of the inspector as well as additional training in case development procedures and maintenance of proper case files.

Compliance assistance - The DAQ will continue to implement our existing co mpliance assistance program for the public and the regulated community to help facilitate awareness and understanding of the Utah LBP program. The Utah compliance assistan ce program will continue to focus on the requirements established in the Utah LBP rule but w ill provide information to the public and regulated communities about other LBP related subjects.

Sampling techniques - The Utah LBP program presently has the equipment, training and technological capability necessary to collect sampl es for E/C issues. State and LHD personnel have received training as part of the Utah LBP Inspector and Risk Assessor courses in performing x-ray fluorescence (XRF) testing and collecting paint chi p, dust wipe, soil and water samples. Additional training was received from the XRF manufacturer in analyzing samples with the NITON XLp 300 Series spectrum analyzer currently owned by the DAQ . Equipment to collect paint chip, dust wipe, soil and water samples have been assembled into kit s at the DAQ and similar kits have been distributed to the LHDs. The DAQ has contracted wi th EMSL Analytical, Inc. (EMSL) to conduct the analysis of paint chip, dust wipe, soil and wat er samples. EMSL has been accredited by the American Industrial Hygiene Association (AIHA) thro ugh the EPA Environmental Lead Proficiency Analytical Testing (ELPAT) program (AIHA ELPAT Lab ID# 07014).5

Tracking tips and complaints - The DAQ has an existing program to track tips and complaints and it is our intent to expand this existing program fo r use with the Renovation, Repair, and Painting Program (RRP).

Targeting inspections - The Utah LBP program will continue to use our exis ting procedures for targeting inspections to ensure compliance with the Utah LBP rules. The principal mechanism to target compliance inspections will be through inspe ction of firms conducting renovation, repair, and painting activities. It is expected that our level of effort for federal fiscal year 2011 will be the inspection of 15 firms performing RRP activities in pre-1978 structures.

Follow up to inspection reports - The DAQ LBP E/C program will demonstrate the abili ty to reasonably, and in a timely manner, process and fol low up on inspection reports and other information generated through enforcement related activities. The state LBP program will be in a position to correct LBP violations and effectively develop and issue enforcement remedies as follow up on identified LBP violations. Programs within the DAQ have followed the "Timely and Appropriate Enforcement Response to Significant Air Pollution V iolators" and the Division's "Compliance Program Operating Plan", or equivalent, which outli nes timely and appropriate time frames for inspection and enforcement activities.

Compliance monitoring and enforcement - The Utah LBP program has demonstrated that it has the ability to ensure correction of LBP violations and encompass either planned and/or responsive LBP compliance inspections. The DAQ has also devel oped and issued enforcement responses, as appropriate, based on the violation.



## Enforcement and Compliance Element 3

The DAQ will submit the Summary on Progress and Per formance report which will summarize the results of implementing the LBP E/C program. These reports will include all the required components as outlined in 40 CFR 745.324(h) and 40 CFR 745.327(d). These reports will be submitted to the USEPA Region 8 Administrator on an annual basis for the first three years and either annually or bi-annually thereafter, at the discreti on of the USEPA.

# APPENDIX 1

UTAH ADMINISTRATIVE RULEMAKING ACT

63G-3, UTAH CODE ANNOTATED

## Utah Administrative Rulemaking Act

Utah Code Title 63G, Ch apter 3 (May 12, 2009)

Utah Administrative Rulemaking Act

.............................................................................................................................. ................. 1
Title 63G. General Government.

.............................................................................................................................. .................... 1

Chapter 3. Utah Administrative Rulemaking Act. ................................................................................................................... 1

Part 1. General Provisions.

.............................................................................................................................. ..................... 1

63G-3-101. Title.

.............................................................................................................................. ................................ 1
63G-3-102. Definitions.

.............................................................................................................................. .................... 1 Part 2. Circumstances Requiring Rulema king - Status of Administrative Rules. ................................................................. 2

63G-3-201. When rulemaking is required. ...................................................................................................................... 2 63G-3-202. Rules having the effect of law. .................................................................................................................... 3 Part 3. Rulemaking Proceures.

.............................................................................................................................. ............... 3

63G-3-301. Rulemaking procedure.

.............................................................................................................................. .. 3 63G-3-302. Public hearings.

.............................................................................................................................. ............. 4 63G-3-303. Changes in rules.

.............................................................................................................................. ............ 4 63G-3-304. Emergency rulemaking procedure. .............................................................................................................. 5 63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption for certain rules. ................................ 5
Part 4. Division of Administrative Rules. ............................................................................................................................ 5

63G-3-401. Division of Administrative Ru les created -- Appointment of director. ........................................................ 5
63G-3-402. Division of Administ rative Rules -- Duties generally. ................................................................................. 6 63G-3-403. Repeal and reenactme nt of Utah Administrative Code. ............................................................................... 6 Part 5. Legislative Oversight.

.............................................................................................................................. ................. 7

63G-3-501. Administrative Rules Review Committee. ................................................................................................... 7 63G-3-502. Legislative reauthorization of agen cy rules -- Extension of rules by governor. ........................................... 8
Part 6. Judicial Review.

.............................................................................................................................. ......................... 8

63G-3-601. Interested parties -- Petition for agency action. ............................................................................................ 8 63G-3-602. Judicial challenge to administrative rules. ................................................................................................... 8 63G-3-603. Time for contesting a rule -- Statute of limitations. ..................................................................................... 9 Part 7. Official Compilation of Administrative Rules. ......................................................................................................... 9

63G-3-701. Utah Administrative Code as offi cial compilation of ru les -- Judicial notice. ............................................... 9
63G-3-702. Utah Administrative Code -- Organization -- Official compilation. .............................................................. 9

Title 63G. General Government.

Chapter 3. Utah Administrative Rulemaking
Act.

Part 1. General Provisions.

63G-3-101. Title. This chapter is known as the "Utah Administrative Rulemaking Act." Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-1)

63G-3-102. Definitions. As used in this chapter: (1) "Administrative record" means information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, chan ge in the proposed rule, and the rule analysis form; (b) the public comment received and recorded by the agency during the public comment period; (c) the agency's response to the public comment; (d) the agency's analysis of the public comment;

and (e) the agency's report of its decision-making

process. (2) "Agency" means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make rules, adjudicate, grant or withhold li censes, grant or withhold relief from legal obligations, or perfo rm other similar actions or duties delegated by law. (3) "Bulletin" means the Utah State Bulletin. (4) "Catchline" means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as
described in Section 68-3-13. (5) "Code" means the body of all effective rules as compiled and organized by th e division and entitled "Utah

Administrative Code." (6) "Director" means the director of the Division of

Administrative Rules.Utah Administrative Rulema king Act, 2009 Page 2

2 (7) "Division" means the Division of Administrative

Rules. (8) "Effective" means operative and enforceable. (9) (a) "File" means to submit a document to the division as prescribed by the division. (b) "Filing date" means the day and time the document is recorded as received by the division. (10) "Interested person" m eans any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-

402. (11) "Order" means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons , but not a class of persons. (12) "Person" means any individual, partnership, corporation, association, govern mental entity, or public or private organization of any character other than an agency. (13) "Publication" or " publish" means making a rule available to the public by includ ing the rule or a summary of

the rule in the bulletin. (14) "Publication date" means the inscribed date of the

bulletin. (15) "Register" may include an electronic database. (16) (a) "Rule" means an agency's written statement

that: (i) is explicitly or implicitly required by state

or federal statute or other applicable law; (ii) implements or interprets a state or federal legal mandate; and (iii) applies to a class of persons or another

agency. (b) "Rule" includes the amendment or repeal of an existing rule. (c) "Rule" does not mean: (i) orders; (ii) an agency's written statement that applies only to internal manageme nt and that does not restrict the legal rights of a public class of persons or another agency; (iii) the governor's executive orders or proclamations; (iv) opinions issued by the attorney general's office; (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-201; (vi) rulings by an agency in adjudicativeproceedings, except as required by Subsection 63G3-201(6); or (vii) an agency written statement that is in violation of any state or federal law. (17) "Rule analysis" means the format prescribed by the division to summarize and analyze rules. (18) "Small business" means a business employing fewer than 50 persons. (19) "Substantive change" means a change in a rule that affects the application or results of agency actions. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-2) Part 2. Circumstances Requiring Rulemaking -
Status of Administrative Rules.

63G-3-201. When rulemaking is required. (1) Each agency shall: (a) maintain a current version of its rules; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other rulemaking required by law, each agency shall make rules when agency action: (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class of persons or another agency;

and (d) is explicitly or implicitly authorized by statute. (3) Rulemaking is also required when an agency issues a written interpretation of a state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents of a state correctional, diagnostic, or detention facili ty, persons under state legal custody, patients admitted to a state hospital, members of the state retirement system, or students enrolled in a state education institution; (b) a standardized agency manual applies only to

internal fiscal or administra tive details of governmental entities supervised under statute; (c) an agency issues policy or other statements that are advisory, informative, or descriptive, and do not conform to the requirements of Subsections (2) and (3);

or (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file al l nonsubstantive changes in a rule with the division. (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c). (b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provide d under Subsection (5)(c). (c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a)
when: (i) authorized by a specific state statute; (ii) a state law and programs under that law

are established in order for the state to obtain or maintain primacy over a federal program; or (iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties. (6) Each agency shall enact rules incorporating the principles of law not already in its rules that are established by final adjudicative decisions within 120 days after the

decision is announced in its cases. (7) (a) Each agency may enact a rule that incorporates by reference: (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association;Utah Administrative Rulema king Act, 2009 Page 3

3 (ii) state agency implementation plans mandated by the fede ral government for participation in the federal program; (iii) lists, tables, illustrations, or similar materials that are subject to frequent change, fully described in the rule, an d are availabl e for public inspection; or (iv) lists, tables, illustrations, or similar

materials that the director determines are too expensive to reproduce in the administrative code. (b) Rules incorporating materials by reference

shall: (i) be enacted according to the procedures outlined in this chapter; (ii) state that the referenced material is incorporated by reference; (iii) state the date, issue, or version of the material being incorporated; and (iv) define specifically what material is incorporated by reference and identify any agency

deviations from it. (c) The agency shall identify any substantive changes in the material incorporated by reference by following the rulemaking procedures of this chapter. (d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division. (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by statute or agency rule. (b) An agency may enact a rule creating a justified exception to a rule. (9) An agency may obtain assistance from the attorney general to ensure that its rules meet legal and constitutional requirements. Amended by Chapter 347, Laws of Utah 2009 General Session, effective May 12, 2009 (formerly Section 63-46a-3)

63G-3-202. Rules having the effect of law. (1) An agency's written statement is a rule if it conforms

to the definition of a rule under Section 63G-3-102, but the
written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter. (2) An agency's written statement that is made as a rule in accordance with the requirements of this chapter is
enforceable and has the effect of law. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-3.5)

Part 3. Rulemaking Procedures.

63G-3-301. Rulemaking procedure. (1) An agency authorized to make rules is also authorized to amend or repeal those rules. (2) Except as provided in Sections 63G-3-303 and 63G3-304, when making, amending, or repealing a rule agencies shall comply with: (a) the requirements of this section; (b) consistent procedures required by other statutes; (c) applicable fe deral manda tes; and (d) rules made by the division to implement this chapter. (3) Subject to the requiremen ts of this chapter, each agency shall develop and use flexible approaches in drafting

rules that meet the needs of the agency and that involve persons affected by the agency's rules. (4) (a) Each agency shall f ile its proposed rule and rule analysis with the division. (b) Rule amendments shall be marked with new language underlined and deleted language struck out. (c) (i) The division shall publish the information required under Subsection (8) on the rule analysis and the text of the proposed rule in the next issue of the

bulletin. (ii) For rule amendments, only the section or

subsection of the rule being amended need be printed. (iii) If the director determines that the rule is too long to publish, the director shall publish the rule analysis and shall publish the rule by reference to a copy on file with the division. (5) Prior to filing a rule with the division, the department head shall consid er and comment on the fiscal impact a rule may have on businesses. (6) If the agency reasonably expects that a proposed rule will have a measurable negative fiscal impact on small businesses, the agency shall c onsider, as allowed by federal law, each of the following methods of reducing the impact of

the rule on small businesses: (a) establishing less stringent compliance or reporting requirements for small businesses; (b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses; (c) consolidating or simplifying compliance or reporting requirements for small businesses; (d) establishing performan ce standards for small businesses to replace design or operational standards required in the proposed rule; and (e) exempting small businesses from all or any part of the requirements contained in the proposed rule. (7) If during the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts, and the agency had not previously performed the analysis in Subsection (6), the agency shall perform the analysis described in Subsection (6). (8) The rule analysis shall contain: (a) a summary of the rule or change; (b) the purpose of the rule or reason for the change; (c) the statutory authority or federal requirement for the rule; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons other than small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons; (f) how interested persons may review the full text of the rule; (g) how interested persons may present their views on the rule;Utah Administrative Rulema king Act, 2009 Page 4

4 (h) the time and place of any scheduled public hearing; (i) the name and telephone number of an agency employee who may be contacted about the rule; (j) the name of the agency head or designee who authorized the rule; (k) the date on which the rule may become effective following the publ ic comment period; and (l) comments by the department head on the fiscal impact the rule may have on businesses. (9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a summary that generally includes the following: (i) a summary of substantive provisions in the repealed rule which are eliminated from the enacted rule; and (ii) a summary of new substantive provisions appearing only in the enacted rule. (b) The summary required under this Subsection (9) is to aid in review and ma y not be used to contest any rule on the ground of noncompliance with the procedural requirements of this chapter. (10) A copy of the rule analysis shall be mailed to all persons who have ma de timely request of the agency for advance notice of its rulemaking proceedings and to any other person who, by statutory or federal mandate or in the judgment of the agency, should also receive notice. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or pr esented at public hearings conducted by the agency within the time period under Subsection (11)(a). (12) (a) Except as provide d in Sections 63G-3-303 and 63G-3-304, a proposed rule becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period under Subsection (11), nor more than 120 days after the publication

date. (b) The agency shall provide notice of the rule's effective date to the division in the form required by the
division. (c) The notice of effective date may not provide for an effective date prior to the date it is received by the

division. (d) The division shall publish notice of the

effective date of the rule in the next issue of the bulletin. (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not filed with the
division within 120 da ys of publication. (13) (a) As used in th is Subsection (13), "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection (4), of an agency's proposed rule that is required by state statute. (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provisi on that specifically requires the rulemaking, except under Subsection (13)(c). (c) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the ru lemaking takes effect. (d) If a state agency does not initiate rulemaking proceedings in accordance with the time requirements in Subsection (13)(b), the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay. Amended by Chapter 93, Laws of Utah 2009 General Session, effective May 12, 2009 (formerly Section 63-46a-4)

63G-3-302. Public hearings. (1) Each agency may hold a public hearing on a proposed rule, amendment to a rule , or repeal of a rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a ru le, or repeal of a rule if: (a) a public hearing is re quired by state or federal mandate; (b) (i) another state agency, ten interested persons, or an interested association having not fewer than ten members request a public hearing; and (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule. (3) The agency shall hold the hearing: (a) before the rule becomes effective; and (b) no less than seven days nor more than 30 days after receipt of the request for hearing. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-5)

63G-3-303. Changes in rules. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text of the changed rule; and (ii) a rule analysis c ontaining a description of the change and the information required by Section

63G-3-301. (b) A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed. (c) The division shall publish the rule analysis for the changed rule in the bulletin. (d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the la st change in proposed rule. (e) A changed proposed rule and its associated proposed rule lapse if a no tice of effective date or another change to a proposed rule is not filed with the division within 120 days of publ ication of the last change in proposed rule. (2) If the rule change is nonsubstantive: (a) the agency need not comply with the requirements of Subsection (1); and (b) the agency shall notify the division of the change in writing. (3) If the rule is effective, the agency shall amend the rule according to the procedur es specified in Section 63G-3-

301.Utah Administrative Rulema king Act, 2009 Page 5

5 Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-6)

63G-3-304. Emergency rulemaking procedure. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state
law. (2) (a) When finding that its rule is excepted from regular rulemaking procedures by this section, the agency
shall file with the division: (i) the text of the rule; and (ii) a rule analysis that includes the specific reasons and justifications for its findings. (b) The division shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). (d) The rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule. (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of

Section 63G-3-301. Amended by Chapter 300, Laws of Utah 2008 General Session; and Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-7)

63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption for certain rules. (1) Each agency shall review each of its rules within five years of the rule's original effective date or within five years of the filing of the last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until

1997. (2) An agency may consider any substantial review of a rule to be a five-year review. If the agency chooses to consider a review a five-year review, it shall follow the procedures outlined in Subsection (3). (3) At the conclusion of its review, the agency shall file
a notice of review on or before the anniversary date indicating its intent to continue, am end, or repeal the rule. (a) If the agency continues the rule, it shall file a

statement which includes: (i) a concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule; (ii) a summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule; and (iii) a reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any. (b) If the agency repeals the rule, it shall comply
with Section 63G-3-301. (c) If the agency amends and continues the rule, it shall comply with the requirements of Section 63G-3- 301 and file the statement required in Subsection (3)(a). (4) (a) The division shall publish the notice and

statement in the bulletin. (b) The division may schedule the publication of agency notices and statemen ts, provided that no notice and statement shall be published more than one year

after the review deadline established under Subsection (1). (5) The division shall notify an agency of rules due for review at least 180 days pr ior to the anniversary date. (6) If an agency finds that it will not meet the deadline established in Subsection (1): (a) the agency may file an extension prior to the anniversary date with the di vision indicating the reason for the extension; and (b) the division shall publish notice of the

extension in the next issue of the bulletin. (7) An extension permits the agency to file a notice no more than 120 days after the anniversary date. (8) If an agency fails to file a notice of review or extension on or before the date specified in the notice mandated in Subsection (5), the division shall: (a) publish a notice in the next issue of the bulletin that the rule has expired and is no longer enforceable; (b) remove the rule from the code; and (c) notify the agency that the rule has expired. (9) After a rule expires, an agency must comply with the requirements of Section 63G-3-301 to reenact the rule. (10) (a) Rules issued under the following provisions related to the Department of Workforce Services or Labor

Commission that are in effect on July 1, 1997, are not subject to the requirements of this section until July 1, 1998: (i) Title 34, Labor in General; (ii) Title 34A, Utah Labor Code; (iii) Title 35A, Utah Workforce Services Code; (iv) Title 40, Chapter 2, Coal Mines; and (v) Title 57, Chapter 21, Utah Fair Housing

Act. (b) Any rule described in Subsection (10)(a) that would have expired on or after July 1, 1997 but before July 1, 1998, expires July 1, 1998, unless for that rule the Department of Workforce Services or Labor

Commission files: (i) the notice of re view, described in Subsection (3); or (ii) an extension described in Subsection (6). Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-9)

Part 4. Division of Administrative Rules.

63G-3-401. Division of Administrative Rules created -- Appointment of director. (1) There is created within the Department of

Administrative Services the Divi sion of Administrative Rules, to be administered by a director.Utah Administrative Rulema king Act, 2009 Page 6

6 (2) The director of administrative rules shall be appointed by the executive dire ctor with the approval of the

governor. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-9.5)

63G-3-402. Division of Admi nistrative Rules -- Duties generally. (1) The Division of Admi nistrative Rules shall: (a) establish all filing, publication, and hearing procedures necessary to make rules under this chapter; (b) record in a register the receipt of all agency rules, rule analysis forms, and notices of effective dates; (c) make the register, copies of all proposed rules, and rulemaking documents available for public inspection; (d) publish all proposed rule s, rule analyses, notices of effective dates, and review notices in the bulletin at least monthly, except that the division may publish the complete text of any proposed rule that the director determines is too long to print or too expensive to publish by reference to the text maintained by the division; (e) compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements or revisions to it; (f) publish a digest of all rules and notices contained in the most recent bulletin; (g) publish at least annually an index of all changes
to the administrative code and the effective date of each change; (h) print, or contract to print, all rulemaking publications the division de termines necessary to implement this chapter; (i) distribute without charge the bulletin and
administrative code to stat e-designated repositories, the Administrative Rules Review Committee, the Office of Legislative Research and Ge neral Counsel, and the two houses of the Legislature; (j) distribute without charge the digest and index to state legislators, agencies , political subdivisions on request, and the Office of Legislative Research and General Counsel; (k) distribute, at prices covering publication costs, all paper rulemaking publicatio ns to all other requesting persons and agencies; (l) provide agencies assistance in rulemaking; and (m) administer this chapter and require state agencies to comply with filing, publication, and hearing procedures. (2) The division may after notifying the agency make nonsubstantive changes to rules filed with the division or published in the bulletin or code by: (a) implementing a unifor m system of formatting, punctuation, capitalization, organization, numbering, and wording; (b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (c) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (d) updating or correcting annotations associated with a section, part, rule, or title; and (e) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (3) In addition, the division may make the following nonsubstantive changes with the concurrence of the agency: (a) eliminate duplication within rules; (b) eliminate obsolete and redundant words; and (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter

of rules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publ ication of the rule in the bulletin, the division shall publish a list of nonsubstantive changes in the bulletin. For each nonsubstantive change, the

list shall include: (a) the affected code citation; (b) a brief description of the change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-10)

63G-3-403. Repeal and reenactment of Utah
Administrative Code. (1) When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the division may repeal the code and reenact a new code according to the requirements of this section. (2) The division may: (a) reorganize, reformat , and renumber the code; (b) require each agency to review its rules and make any organizational or substantive changes according to the requirements of Section 63G-3-303; and (c) require each agency to prepare a brief summary of all substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system of punctuation, capitalization, numbering, and wording; (b) eliminating duplication; (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules; (d) eliminating all obsol ete or redundant words; (e) correcting obvious erro rs and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (f) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (g) updating or correcting annotations associated with a section, part, rule, or title; and (h) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (4) (a) To inform the public about the proposed code reenactment, the division shall publish in the bulletin: (i) notice of the code reenactment;Utah Administrative Rulema king Act, 2009 Page 7

7 (ii) the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code; (iii) locations where the proposed reenactment of the code may be reviewed; and (iv) agency summaries of substantive changes

in the reenacted code. (b) To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall: (i) make the text of their reenacted rules
available: (A) for public review during regular business hours; and (B) in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-301(10). (5) The division shall hold a public hearing on the proposed code reenactment no fewer than 30 days nor more than 45 days after the public ation required by Subsection (4)(a). (6) The division shall distribute complete text of the proposed code reenactment without charge to: (a) state-designated repositories in Utah; (b) the Administrative Rules Review Committee;

and (c) the Office of Legislative Research and General
Counsel. (7) The former code is repealed and the reenacted code
is effective at noon on a date de signated by the division that is not fewer than 45 days nor more than 90 days after the publication date required by this section. (8) Repeal and reenactment of the code meets the requirements of Section 63G-3-305 for a review of all agency

rules. Amended by Chapter 300, Laws of Utah 2008 General Session; and Renumbered and Amended by C hapter 382, Laws of Utah 2008General Session, effective May 5, 2008 (formerly Section 63-46a10.5)

Part 5. Legislative Oversight.

63G-3-501. Administrative Rules Review Committee. (1) (a) There is created an Administrative Rules Review Committee of ten permanent members and four ex officio

members. (b) (i) The committee's permanent members shall be composed of five members of the Senate, appointed by the president of the Senate, and five members of the House, appointed by the spea ker of the House, with no more than three senators and three representatives from the same political party. (ii) The permanent members shall convene at
least once each month as a committee to review new agency rules, amendments to existing agency rules, and repeals of existing agency rules. Meetings may be suspended at the discretion of the

committee chairs. (iii) Members shall serve for two-year terms or until their successors are appointed. (iv) A vacancy exists whenever a committee member ceases to be a member of the Legislature, or when a member resigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall serve out the unexpired term. (c) When the committee reviews existing rules, the committee's permanent members shall invite the Senate and House chairmen of the standing committee and the

Senate and House chairm en of the appropriation subcommittee that have jurisdiction over the agency whose existing rules are being reviewed to participate as nonvoting, ex officio memb ers with the committee. (d) Three representatives and three senators from the permanent members are a quorum for the transaction of business at any meeting. (2) Each agency rule as defined in Section 63G-3-102 shall be submitted to the committee at the same time public notice is given under Section 63G-3-301. (3) (a) The committee shall exercise continuous oversight of the process of rulemaking. (b) The committee shall examine rules submitted by each agency to determine: (i) whether or not they are authorized by

statute; (ii) whether or not they comply with legislative intent; (iii) their impact on the economy and the government operations of the state and local political subdivisions; and (iv) their impact on affected persons. (c) To carry out these duties, the committee may examine any other issues that it considers necessary. The committee may also notify and refer rules to the chairmen of the interim committee which has jurisdiction over a particular agency when the committee determines that an issue involved in an agency's rules may be more appropriately addressed by that committee. (d) In reviewing the rules, the committee shall follow generally accepted pr inciples of statutory

construction. (4) The committee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any rule. (5) In order to accomplish its oversight functions, the committee has all the powers granted to legislative interim
committees as set forth in Section 36-12-11. (6) (a) The committee may prepare written findings of its review of each rule and may include any recommendations, including legislative action. (b) The committee shall provide to the agency that

enacted the rule: (i) its findings, if any; and (ii) a request that the agency notify the committee of any changes it makes in the rule. (c) The committee shall provide its findings to any member of the Legislature and to any person affected by the rule who requests the findings. (d) The committee shall provide its findings to the presiding officers of both the House and the Senate, Senate and House chairs of the standing committee, and

the Senate and House chai rs of the Appropriation Subcommittee that have jurisdiction over the agency whose rules are the subject of the findings.Utah Administrative Rulema king Act, 2009 Page 8

8 (7) (a) The committee may submit a report on its review of state agency rules to each member of the Legislature at each regular session. (b) The report shall include: (i) the findings and re commendations made by the committee under Subsection (6); (ii) any action taken by an agency in response to committee recommendations; and (iii) any recommendations by the committee for legislation. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-11)

63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by governor. (1) All grants of rulemaking power from the Legislature to a state agency in any statute are made subject to the provisions of this section. (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature. (b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire if: (i) the rule is explicitly mandated by a federal law or regulation; or (ii) a provision of Utah's constitution vests the agency with specific constitutional authority to regulate. (3) (a) The Administrative Rules Review Committee shall have omnibus legislation prepared for consideration by the Legislature during its annual general session. (b) The omnibus legislation shall be substantially in the following form: "All rules of Utah state agencies are reauthorized except for the following:". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letter to the governor and to the agency explaining specifically why the committee believes any rule shoul d not be reauthorized. (d) For the purpose of this section, the entire rule, a single section, or any complete paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization of a rule by legislation does not constitute le gislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative intent. (5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date. (b) In seeking the extension, the agency shall submit a petition to the gove rnor that affirmatively

states: (i) that the rule is necessary; and (ii) a citation to the source of its authority to

make the rule. (c) (i) If the governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year. (ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source of the agency's authority

to make the rule. (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor ma y declare all rules to be extended by publishing a single declaration in the
Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c). Renumbered and Amended by C hapter 382, Laws of Utah 2008General Session, effective May 5, 2008 (formerly Section 63-46a11.5)

Part 6. Judicial Review.

63G-3-601. Interested parties -- Petition for agency
action. (1) As used in this s ection, "initiate rulemaking proceedings" means the filing, for the purposes of publication
in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this section. (2) An interested person may petition an agency to request the making, amendmen t, or repeal of a rule. (3) The division shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency. (5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings. (6) (a) If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on it s agenda for review. (b) Within 80 days of the submission of the petition, the board shall either: (i) deny the petition in writing stating its reasons for denial; or (ii) initiate ru lemaking proceedings. (7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district court. Renumbered and Amended by Chapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-12)

63G-3-602. Judicial challeng e to administrative rules. (1) (a) Any person aggrieved by a rule may obtain judicial review of the rule by filing a complaint with the county clerk in the district court where the person resides or in the district court in Salt Lake County.Utah Administrative Rulema king Act, 2009 Page 9

9 (b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtain judicial review of the agency's failure to comply by filing a complaint with the clerk of the district court where the person resides or in the dist rict court in Salt Lake County. (2) (a) Except as provided in Subsection (2)(b), a person seeking judicial review under this section shall exhaust that person's administrative remedies by complying with the requirements of Section 63G-3-601 before filing the complaint. (b) When seeking judicial review of a rule, the person need not exhaust that person's administrative

remedies if: (i) less than six months has passed since the date that the rule became effective and the person

had submitted verbal or written comments on the rule to the agency during the public comment period; (ii) a statute granting rulemaking authority expressly exempts rules made under authority of that statute from compliance with Section 63G-3- 601; or (iii) compliance with Section 63G-3-601 would cause the person irreparable harm. (3) (a) In addition to the information required by the Utah Rules of Civil Procedure, a complaint filed under this

section shall contain: (i) the name and mailing address of the plaintiff; (ii) the name and mailing address of the defendant agency; (iii) the name and mailing address of any other party joined in the action as a defendant; (iv) the text of the rule or proposed rule, if

any; (v) an allegation that the person filing the complaint has either exhausted the administrative remedies by complying with Section 63G-3-601 or met the requirements for waiver of exhaustion of administrative remedies established by Subsection (2)(b); (vi) the relief sought; and (vii) factual and lega l allegations supporting the relief sought. (b) (i) The plaintiff shall serve a summons and a copy of the complaint as required by the Utah Rules of

Civil Procedure. (ii) The defendants shall file a responsive pleading as required by the Utah Rules of Civil

Procedures. (iii) The agency shall file the administrative record of the rule, if any, with its responsive pleading. (4) The district court may grant relief to the petitioner by: (a) declaring the rule invalid, if the court finds that: (i) the rule violates c onstitutional or statutory law or the agency does not have legal authority to make the rule; (ii) the rule is not supported by substantial evidence when viewed in light of the whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable to the petitioner; (c) remanding the matter to the agency for compliance with proper rulema king procedures or further fact-finding; (d) ordering the agency to comply with Section 63G-3-201; (e) issuing a judicial stay or injunction to enjoin the agency from illegal action or action that would cause irreparable harm to the petitioner; or (f) any combination of Subsections (4)(a) through (e). (5) If the plaintiff meets the requirements of Subsection (2)(b), the district court may review and act on a complaint
under this section whether or no t the plaintiff has requested the agency review under Section 63G-3-601. Renumbered and Amended by C hapter 382, Laws of Utah 2008General Session, effective May 5, 2008 (formerly Section 63-46a12.1)

63G-3-603. Time for contesting a rule -- Statute of
limitations. (1) A proceeding to contest any rule on the ground of noncompliance with the proced ural requirements of this chapter shall commence within two years of the effective date

of the rule. (2) A proceeding to contest any rule on the ground of not being supported by substantia l evidence when viewed in light of the whole administrative record shall commence within four years of the effective date of the challenged

action. (3) A proceeding to contest any rule on the basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changed the ru le shall be commenced within two years of the date the change was made. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-14)

Part 7. Official Compil ation of Administrative

Rules.

63G-3-701. Utah Administrative Code as official compilation of rules -- Judicial notice.
The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an authorized compilation of the
administrative law of Utah. Al l courts shall take judicial notice of the code and its provisions. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-16)

63G-3-702. Utah Administrative Code -- Organization -- Official compilation. (1) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R"; (b) rules; andUtah Administrative Rulemaki ng Act, 2009 Page 10

10 (c) sections. (2) All sections contained in the code are referenced by a three-part number indicating its location in the code. (3) The division shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the division is considered the correct, current version. Renumbered and Amended by C hapter 382, Laws of Utah 2008 General Session, effective May 5, 2008 (formerly Section 63-46a-9.6)

NOTE: Source http://le.utah.gov /~code/TITLE 63G/63G03.zip accessed 07/02/2009. Legislative action information added by the Division of Administrative Rules based on information from HistoryInfo.txt provided by Legislative Research and General Counsel, 07/02/2009.

# APPENDIX 2

UTAH ADMINISTRATIVE RULES

R15, UTAH ADMINISTRATIVE CODEAdministrative Services

August 1, 2009 Utah Administrative Code - 1 - R15. Administrative Services,
Administrative Rules.
R15-1. Administrative Rule Hearings. R15-1-1. Authority. (1) This rule establishes procedures and
standards for administrative rule hearings as required by Subsection 63G-3-402(1)(a). (2) The procedures of
this rule constitute the minimum requirements for mandatory administrative rule hearings. Additional procedures may be required to comply with any other governing statute, federal law, or federal regulation.

R15-1-2. Definitions. (1) Terms used in this
rule are defined in Section

63G-3-102. (2) In addition: (a) "hearing" means an administrative rule hearing;
and (b) "officer" means an administrative rule hearing
officer.

R15-1-3. Purpose. (1) The purpose of this rule is to provide: (a) procedures for agency hearings on proposed
administrative rules or rules changes, or on the need for a rule or change; (b) opportunity for public comment on rules; and (c) opportunity for agency response to public
concerns about rules.

R15-1-4. When Agencies Hold Hearings. (1) Agencies shall hold hearings as required by Subsection 63G-3-302(2). (2) Agencies may hold hearings: (a) during the public comment period on a proposed rule, after its publication in the bulletin and prior to its effective date; (b) before initiating rulemaking procedures under Title 63G, Chapter 3, to promote public input prior to a rule's publication; (c) during a regular or extraordinary meeting of a state board, council, or commission, in order to avoid separate and additional meetings; or (d) to hear any public petition for a rule change as provided by Section 63G-3-601. (3) Voluntary hearings, as described in this section, follow the procedures prescribed by this rule or any other procedures the agency may provide by rule. (4) Mandatory hearings, as described in this section, follow the procedures prescribed by this rule and any additional requirements of
state or federal law. (5) If an agency holds a mandatory hearing under the procedures of this rule during the public comment period
described in Subsection 63G-3- 301(6), no second hearing is required for the purpose of
comment on the same rule or change considered at the first hearing.

R15-1-5. Hearing Procedures. (1) Notice. (a) An agency shall provide notice of a hearing by: (i) publishing the hearing date, time, place, and subject in the bulletin; (ii) mailing copies ofAdministrative Services

August 1, 2009 Utah Administrative Code - 2 - the notice directly to persons who have petitioned for a hearing or rule changes under
Section 63G-3-302 or 63G-3- 601, respectively; and (iii) posting for at least 24 hours in a place in the agency's offices which is frequented by the public. (b) If a rules hearing becomes mandatory after the agency has published the proposed rule in the bulletin, the agency shall notify in writing persons requesting the hearing of the time and place. (c) An agency may provide additional notice of a hearing, and shall give further notice as may otherwise be required by law. (2) Hearing Officer. (a) The agency head shall appoint as hearing officer a person qualified to conduct fairly the hearing. (b) No restrictions apply to this appointment except the officer shall know rulemaking procedure. (c) However, if a state board, council, or commission is responsible for agency rulemaking, and holds a hearing, a member or the body's designee may be the hearing officer. (3) Time. The officer shall open the hearing at the announced time and place and permit comment for a minimum of one hour. The hearing may
be extended or continued to another day as necessary in the judgment of the officer. (4) Comment. (a) At the opening of the hearing, the officer shall explain the subject and purpose of the hearing and invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use
of time. (b) The agency shall have a representative at the hearing, other than the officer, who is familiar with
the rule at issue and who can respond to requests for information by those in
attendance. (c) The officer shall
invite written comment to be submitted at the hearing or after the hearing, within a
reasonable time. Written
comment shall be attached to the hearing minutes. (d) The officer shall conduct the hearing as an open, informal, orderly, and informative meeting. Oaths, cross-examination, and rules of evidence are not required. (5) The Hearing Record. (a) The officer shall cause to be recorded the name, address, and relevant affiliation of all persons speaking at the hearing, and
cause an electronic or mechanical verbatim recording of the hearing to be made, or make a brief summary, of their
remarks. (b) The hearing record consists of a copy of the proposed rule or rule change, submitted written comment, the hearing recording or summary, the list of persons speaking at the hearing, and other pertinent documents as determined by the agency. (c) The hearing officer shall, as soon as practicable, assemble the hearing record and transmit it to the agency
for consideration. (d) The hearing record shall be kept with and as partAdministrative Services

August 1, 2009 Utah Administrative Code - 3 - of the rule's administrative
record in a file available at the agency offices for public inspection.

R15-1-8. Decision on an Issue Regarding Rulemaking
Procedure. (1) When a hearing issue requires a decision regarding rulemaking procedure, the
officer shall submit a written request for a decision to the
director as soon as practicable after, or after recessing, the hearing, as provided in Section R15-5-6. The director shall reply to the agency head as provided in Subsection R15-5-6(2). The
director's decision shall be included in the hearing
record.

R15-1-9. Appeal and Judicial
Review. (1) Persons may appeal the decision of the agency head or the division by petitioning the district court for judicial review as provided by law.

KEY: administrative law, government hearings
Date of Enactment or Last
Substantive Amendment: June 1, 1996 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3-402

R15-2. Public Petitioning for Rulemaking. R15-2-1. Authority. As required by Subsection 63G-3-601(2), this rule prescribes the form and procedures for submission, consideration, and disposition of petitions requesting the making, amendment, or repeal
of an administrative rule.

R15-2-2. Definitions. (1) Terms used in this
rule are defined in Section

63G-3-102. (2) Other terms are defined as follows: (a) "rule change" means: (i) making a new rule; (ii) amending, repealing, or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303; (iv) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or (v) any combination of
the above. (b) "petitioner" means an interested person who submits a petition to an agency pursuant to Section
63G-3-601 and this rule.

R15-2-3. Petition Procedure. (1) The petitioner shall send the petition to the head of the agency authorized by law to make the rule change requested. (2) The agency receiving the petition shall stamp the petition with the date of receipt.

R15-2-4. Petition Form. The petition shall: (a) be clearly designated "petition for a rule change"; (b) state the petitioner's name; (c) state the petitioner's interest in theAdministrative Services

August 1, 2009 Utah Administrative Code - 4 - rule, including relevant affiliation, if any; (d) include a statementas required by Subsection 63G3-601(4) regarding the requested rule change; (e) state the approximate wording of the requested rule change; (f) describe the reason for the rule change; (g) include an address,
an E-mail address when available, and telephone where the petitioner can be reached during regular business hours;
and (h) be signed by the petitioner.

R15-2-5. Petition Consideration And Disposition. (1) The agency head or designee shall: (a) review and consider the petition; (b) write a response to the petition stating: (i) that the petition is denied and reasons for denial,

or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to the petitioner within the timeframe provided by Section 63G3-601. (2) The petitioned agency may, within the timeframe provided by Section 63G3-601, interview the petitioner, hold a public hearing on the petition, or take any action the agency, in its judgment, deems necessary to provide the petition due
consideration. (3) The agency shall retain the petition and a copy of the agency's response as part of the administrative
record. (4) The agency shall mail copies of its decision to all persons who petitioned for a rule change.

KEY: administrative law
Date of Enactment or Last
Substantive Amendment: December 25, 2006
Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3-601

R15-3. Definitional
Clarification of
Administrative Rule. R15-3-1. Authority, Purpose,
and Definitions. (1) This rule is
authorized under Subsection 63G-3-402(1) which requires
the division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3. (2) This rule clarifies when rulemaking is required, and requirements for incorporation by reference
within rules. (3) Terms used in this
rule are defined in Section

63G-3-102.

R15-3-2. Agency Discretion. (1) A rule may restrict agency discretion to prevent agency personnel from exceeding their scope of employment, or committing arbitrary action or application of standards, or to provide due process for persons affected by agency actions. (2) A rule may authorize agency discretion that sets limits, standards, and scope of employment within which a range of actions may beAdministrative Services

August 1, 2009 Utah Administrative Code - 5 - applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures of the rule when, in the judgment of authorized personnel, documented circumstances warrant. (3) An agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules unless they meet the criteria for rules set forth under Section 63G-3-201(2). (4) Within the limits prescribed by Sections 63G-3- 201 and 63G-3-602, an agency has full discretion regarding
the substantive content of its
rules. The division has authority over nonsubstantive
content under Subsections 63G3-402(2) and (3), and 63G-3- 403(2) and (3), rulemaking procedures, and the physical
format of rules for compilation in the Utah
Administrative Code.

R15-3-3. Use of Incorporation by Reference in Rules. (1) An agency incorporating materials by reference as permitted under Subsection 63G-3-201(7) shall comply with the following
standards: (a) The rule shall state specifically that the cited material is "incorporated by
reference." (b) If the material contains options, or is modified in its application, the options selected and
modifications made shall be
stated in the rule. (c) If the incorporated material is substantively changed at a later time, and the agency intends to enforce the revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable. (d) In accordance with Subsection 63G-3-201(7)(c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis. (2) An agency shall comply with copyright requirements when it provides the division a copy of material incorporated by
reference.

R15-3-4. Computer-Prohibited
Material. (1) All rules shall be in a format that permits their compatibility with the division's computer system and compilation into the Utah
Administrative Code. (2) Rules may not contain maps, charts, graphs, diagrams, illustrations, forms, or similar material. (3) The division shall issue and provide to agencies
instructions and standards for formatting rules.

R15-3-5. Statutory Provisions that Require Rulemaking
Pursuant to Subsection 63G-3- 301(13). For the purposes of Subsection 63G-3-301(13), the phrase "statutory provision that requires the rulemaking" means a state statutory provision that explicitly mandates rulemaking.

KEY: administrative lawAdministrative Services

August 1, 2009 Utah Administrative Code - 6 - Date of Enactment or Last Substantive Amendment: April 30, 2007 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3- 201; 63G-3-301; 63G-3-402

R15-4. Administrative Rulemaking Procedures. R15-4-1. Authority and Purpose. (1) This rule establishes procedures for filing and publication of agency rules under Sections63G-3-301, 63G-3-303, and 63G3-304, as authorized under Subsection 63G-3-402(1). (2) The procedures of
this rule constitute minimum requirements for rule filing and publication. Other governing statutes, federal laws, or federal regulations may require additional rule filing and publication procedures.

R15-4-2. Definitions. (1) Terms used in this
rule are defined in Section

63G-3-102. (2) Other terms are defined as follows: (a) "Anniversary date"
means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed
with the division the most recent five-year reviewrequired under Subsection 63G3-305(3), whichever is sooner. (b) "Digest" means the Utah State Digest that
summarizes the content of the bulletin as required by Subsection 63G-3-402(1)(f); (c) "Codify" means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required under Subsection 63G-3-301(2)(b); (d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective; (e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective; (f) "eRules" means the
Division's administrative rule filing application that agencies use to file rules and notices; (g) "Savings" means: (i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective; (ii) an aggregated monetary amount that will be
refunded or rebated if a rule or change is made effective; (iii) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective;

or (iv) any combination of these aggregated monetary

amounts. (h) "Unmarked change" means a change made to rule
text that was not marked as required by Subsection 63G-3- 301(2)(b).

R15-4-3. Publication Dates
and Deadlines. (1) For the purposes of Subsections 63G-3-301(2) andAdministrative Services

August 1, 2009 Utah Administrative Code - 7 - 63G-3-303(1), an agency shall
file its rule and rule analysis by 11:59:59 p.m. on the fifteenth day of the month for publication in the bulletin and digest issued on the first of the next month, and by 11:59:59 p.m. on the first day of the month for publication on the fifteenth
of the same month. (a) If the first or fifteenth day is a Saturday, or a Tuesday, Wednesday, Thursday, or Friday holiday, the agency shall file the rule and rule analysis by 11:59:59 p.m. on the previous regular business day. (b) If the first or fifteenth day is a Sunday or Monday holiday, the agency
shall file the rule and rule analysis by 11:59:59 p.m. on the next regular business day. (2) For all purposes,
the official date of publication for the bulletin and digest shall be the first and fifteenth days of each
month.

R15-4-4. Thirty-day Comment Period for a Proposed Rule and a Change in Proposed Rule. (1) For the purposes of
Sections 63G-3-301 and 63G-3- 303, "30 days" shall be computed by: (a) counting the day after publication of the rule as the first day; and (b) counting the thirtieth consecutive day after the day of publication as the thirtieth day, unless (c) the thirtieth consecutive day is a Saturday, Sunday, or holiday, in which event the thirtieth day is the next regular business day. R15-4-5a. Notice of the Effective Date for a Proposed
Rule. (1)(a) Pursuant to Subsection 63G-3-301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall notify the division of the
date the rule is to become
effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published,
shall be the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section R15-4-

6. (2)(a) The agency shall notify the division by filing
with the division a Notice of Effective Date form using
eRules. (b) If the eRules Notice
of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the proposed rule, stating the date the rule was
filed with the division or published in the bulletin, and stating its effective date. (3) The date designated
as the effective date shall
be: (a) at least seven days after the comment period specified on the rule analysis; or (b) if the agency formally extends the comment period for a proposed rule by publishing a subsequent noticeAdministrative Services

August 1, 2009 Utah Administrative Code - 8 - in an issue of the bulletin, at least seven days after the extended comment period. (4) The division shall publish notice of the
effective date in the next
issue of the bulletin. There is no publication deadline for
a notice of effective date for a proposed rule, nor requirement that it be published prior to the
effective date.

R15-4-5b. Notice of the Effective Date for a Change in Proposed Rule. (1)(a) Upon expiration of the 30-day period required by Section 63G-3-303, and before expiration of the 120th day after publication of a change in proposed rule, the agency promulgating the rule shall notify the division of
the date the rule is to become
effective and enforceable. (b) The agency shall notify the division after determining that the rule text as published is the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in
Section R15-4-6. (2)(a) The agency shall notify the division by filing
with the division a Notice of Effective Date form using
eRules. (b) If the eRules Notice
of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the change in proposed rule and any rules upon which the change in proposed rule is dependent, stating the date the rules were filed with the division or published in the bulletin, and stating the effective
date. (3) The date designated
as the effective date shall
be: (a) at least 30 days after the publication date of the rule in the bulletin, or (b) if the agency designated a comment period, at least seven days after a comment period designated by the agency on the rule analysis or formally extended by publication of a subsequent
notice in the bulletin. (4) The division shall publish notice of the
effective date in the next
issue of the bulletin. There is no publication deadline for
the notice of effective date for a change in proposed rule, nor requirement that it be published prior to the
effective date.

R15-4-6. Nonsubstantive Changes in Rules. (1) Pursuant to Subsections 63G-3-201(4)(d) and 63G-3-303(2), for the purpose of making rule changes that are grammatical or do not materially affect the application or outcome of agency procedures and standards, agencies shall comply with the procedures of
this section. (2) The agency proposing a change shall determine if the change is substantive or nonsubstantive according to
the criteria cited in Subsection R15-4-6(1). (a) The agency may seek the advice of the Attorney General or the division, but the agency is responsible forAdministrative Services

August 1, 2009 Utah Administrative Code - 9 - compliance with the cited
criteria. (3) Without complying with regular rulemaking procedures, an agency may make nonsubstantive changes in: (a) proposed rules already published in the bulletin and digest but not made effective, or (b) rules already
effective. (4) To make a nonsubstantive change in a rule, the agency shall: (a) notify the division by filing with the division the form designated for nonsubstantive changes; (b) include with the
notice the rule text to be changed, with changes marked as required by Section R15-4- 9; and (c) include with the notice the name of the agency head or designee authorizing the change. (5) A nonsubstantive change becomes effective on
the date the division makes the change in the Utah
Administrative Code. (6) The division shall
record the nonsubstantive change and its effective date
in the administrative rules register.

R15-4-7. Substantive Changes in Proposed Rules. (1) Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The procedures of this section apply if: (i) the agency determines a change in the rule is necessary; (ii) the change is
substantive under the criteria of Subsection 63G-3-102(19); (iii) the rule was published as a proposal in the bulletin and digest; and (iv) the rule has not
been made effective under theprocedures of Subsection 63G3-303(1)(d) and Section R15-4-

5. (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures. (2) To make a substantive change in a proposed rule, the agency shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in
Section R15-4-9. (3) The division shall publish the rule analysis in
the next issue of the bulletin, subject to the publication deadlines of
Section R15-4-3. The division may also publish the changed
text of the rule. (4) The agency may make a change in proposed rule effective by following the requirements of Section R15-4- 5, or may further amend the rule by following the procedures of Sections R15-4-6

or R15-4-7.

R15-4-8. Temporary 120-day
Rules.Administrative Services

August 1, 2009 Utah Administrative Code - 10 - (1) Pursuant to Section 63G-3-304, for the purpose of filing a temporary rule, an agency shall comply with the procedures of this section. (2) The agency proposing a temporary rule shall determine if the need for the rule complies with the
criteria of Subsection 63G-3- 304(1). (a) The division interprets the criteria of Subsection 63G-3-304(1) to include under "welfare" any
substantial material loss to the classes of persons or agencies the agency is mandated to regulate, serve, or protect. (3) The agency shall use the same procedures for filing and publishing a temporary rule as for a permanent rule, except: (a) the rule shall
become effective and enforceable on the day and hour it is recorded by the division unless the agency designates a later effective date on the rule analysis; (b) no comment period is

necessary; (c) no public hearing is necessary; and (d) the rule shall expire 120 days after the
rule's effective date unless the filing agency notifies the division, on the form or by memorandum, of an earlier expiration date. (4) A temporary rule is separate and distinct from a rule filed under regular rulemaking procedures, though the language of the two rules may be identical. To make a temporary rule permanent, the agency shall propose a separate rule for regular rulemaking. (5) When a temporary rule and a similar regular
rule are in effect at the same time, any conflict between the provisions of the two are
resolved in favor of the rule
with the most recent effective date, unless the agency designates otherwise as part of the rule analysis. (6) A temporary rule has
the full force and effect of a permanent rule while in effect, but a temporary rule is not codified in the Utah
Administrative Code.

R15-4-9. Underscoring and Striking Out. (1) (a) Pursuant to Subsection 63G-3-301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in proposed rules. (b) Consistent with Subsection 63G-3-301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in changes in proposed rules, 120-day rules, and nonsubstantive changes. (c) Consistent with legislative bill drafting technique, the struck out language shall be surrounded by brackets. (2) When an agency proposes to make a new rule or section, the entire proposed
text shall be underscored. (3)(a) When an agency proposes to repeal a complete rule it shall include as part of the information provided in the rule analysis a brief summary of the deleted language and a brief explanation of why the rule is being repealed.Administrative Services

August 1, 2009 Utah Administrative Code - 11 - (b) The agency shall include with the rule analysis a copy of the text to be deleted in one of the following formats: (i) each page annotated "repealed in its entirety" or (ii) the entire text struck out in its entirety and surrounded by one set of
brackets. (c) The division shall not publish repealed rules unless space is available within the page limits of the
bulletin. (4) When an agency fails to mark a change as described in this section, the director or his designee may refuse to codify the change. When determining whether or not to codify an unmarked change, the
director shall consider: (a) whether the unmarked change is substantive or nonsubstantive; and (b) if the purpose of public notification has been adequately served. (5) The director's refusal to codify an unmarked change means that the change is not operative for the purposes of Section 63G-3-701 and that the agency must comply with regular rulemaking procedures to make the change.

R15-4-10. Estimates of Anticipated Cost or Savings, and Compliance Cost. (1) Pursuant toSubsections 63G-3-301(3), 63G3-303(1), 63G-3-304(2), and 53C-1-201(3), when an agency files a proposed rule, change in proposed rule, 120-day (emergency) rule, or expedited rule and provides anticipated cost or savings, and compliance cost information in the rule analysis, the agency
shall: (a) estimate the incremental cost or savings and incremental compliance
cost associated with the changes proposed by the rule or change; (b) estimate the incremental cost or savings and incremental compliance cost in dollars, except as otherwise provided in Subsections R15-4-10(4) and (5); (c) indicate that the
amount is either a cost or a savings; and (d) estimate the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings; (2) In addition, an

agency may: (a) provide a narrative description of anticipated cost or savings, and compliance cost; (b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to: (i) current budgeted
costs associated with the existing rule, (ii) figures reported on
a fiscal note attached to a related legislative bill, or (iii) both (i) and (ii). (3) If an agency chooses to provide comparison figures, it shall clearly distinguish comparison figures from the anticipated cost or savings, and compliance cost figures. (4) If dollar estimates are unknown or not available,Administrative Services

August 1, 2009 Utah Administrative Code - 12 - or the obtaining thereof would impose a substantial unbudgeted hardship on the agency, the agency may substitute a reasonednarrative description of costrelated actions required by the rule or change, and explain the reason or reasons
for the substitution. (5) If no cost, savings, or compliance cost is
associated with the rule or change, an agency may enter "none," "no impact," or
similar words in the rule analysis followed by a written explanation of how the agency
estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any
combination of these. (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the Division may, after making an attempt to obtain the required information, refuse to register and publish the rule or change. If the Division refuses to register and publish a rule or change, it
shall: (a) return the rule or change to the agency with a notice indicating that the
Division has refused to register and publish the rule or change; (b) identify the reason or reasons why the Division refused to register and publish the rule or change;
and (c) indicate the filing
deadlines for the next issue
of the Bulletin.

KEY: administrative law
Date of Enactment or Last Substantive Amendment: August 24, 2007 Notice of Continuation: September 29, 2005 Authorizing, and Implementedor Interpreted Law: 63-46a1063G-3-301; 63-46a-463G-3- 303; 63-46a-663G-3-304; 63G-3-
402

R15-5. Administrative Rules Adjudicative Proceedings. R15-5-1. Purpose. (1) This rule provides the procedures for informal adjudicative proceedings governing: (a) appeal and review of a decision by the division not to publish an agency's proposed rule or rule change or not to register an agency's notice of effective date; and (b) a determination by the division whether an agency rule meets the procedural requirements of Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. (2) The informal procedures of this rule apply
to all other division actions for which an adjudicative proceeding may be required.

R15-5-2. Authority. This rule is required by
Sections 63G-4-202 and 63G-4- 203, and is enacted under the authority of Subsection 63G-3- 402(1)(m) and Sections 63G-4-Administrative Services

August 1, 2009 Utah Administrative Code - 13 - 202, 63G-4-203, and 63G-4-503.

R15-5-3. Definitions. (1) The terms used in
this rule are defined in
Section 63G-4-103. (2) In addition, "digest" means the Utah State Digest which summarizes the
content of the bulletin asrequired under Subsection 63G3-402(1)(f).

R15-5-4. Refusal to Publish or Register a Rule or Rule Change. (1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 63G, Chapter 3, or of Rules

R15-3 or R15-4. (2) The division shall not register an agency's notice of effective date, nor codify the rule or rule change
in the Utah Administrative Code, if the agency exceeds the 120-day limit required by Subsection 63G-3-301(6)(a) as interpreted in Section R15-4-

5. (3) The division shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re-filing to meet statutory and regulatory criteria.

R15-5-5. Appeal of a Refusal to Publish or Register a Rule or Rule Change. (1) An agency may request a review of a division refusal to publish or register a rule or rule change by filing a written petition for
review with the division director. (2) The division director shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the division director by filing a written appeal to the
Executive Director of the Department of Administrative Services within 20 days of receipt of the division
director's decision. The
Executive Director shall respond within 20 days affirming or reversing the
division director's decision.

R15-5-6. Determining the Procedural Validity of a Rule. (1) A person may contest the procedural validity, or request a determination of
whether a rule meets the requirements of Title 63G, Chapter 3, by filing a written petition with the division. (a) The rule at issue may be a proposed rule or an effective rule. (b) The petition must be received by the division within the two-year limit set by Section 63G-3-603. (c) The petition may emanate from a rulemaking hearing as in Section R15-1-8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or invalid. (e) The petition shall be accompanied by any
documents the division should consider in reaching its
decision. (f) The petition shall be signed and designate aAdministrative Services

August 1, 2009 Utah Administrative Code - 14 - telephone number where the petitioner can be contacted during regular business hours. (2) The division shall respond to the petition in writing within 20 days of its receipt. (a) The division shall
research all records pertaining to the rule or rule change at issue. (b) The response of the
division shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect. (c) The division shall send a copy of the petition and its response to the pertinent agency. (3) The petitioner may request reconsideration of the division's findings by filing a written request for
reconsideration with the
division director. (a) The director may respond to the request in writing. (b) If the petitioner receives no response within 20 days, the request is denied.

R15-5-7. Remedies Resulting from an Adjudicative Proceeding. (1) A rule the division determines is procedurally
invalid shall be stricken from
the Utah Administrative Code
and notice of its deletion published in the next issues of the bulletin and digest. (2) The division shall notify the pertinent agencyand assist the agency in refiling or otherwise remedying the procedural omission or
error in the rule. (3) A rule the division determines is procedurally valid shall be published and registered promptly.

KEY: administrative procedures, administrative law
Date of Enactment or Last
Substantive Amendment: June 1, 1996 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3- 402; 63G-4-202; 63G-4-203;
63G-4-503

# APPENDIX 3

ENROLLED COPY OF SENATE BILL 118

(1998 GENERAL SESSION)

ENROLLED COPY OF HOUSE BILL 165

(2003 GENERAL SESSION)

### Enrolled Copy S.B. 118

REGULATION OF LEAD-BASED PAINT

REMEDIATION

1998 GENERAL SESSION

STATE OF UTAH

Sponsor: L. Alma Mansell

AN ACT RELATING TO THE ENVIRONMENTAL QUALITY CODE; GRANTING

RULE-MAKING AUTHORITY TO THE AIR QUALITY BOARD TO IMPLEMENT AND

REGULATE FEDERAL STANDARDS FOR LEAD-BASED PAINT REMEDIATION; AND

MAKING TECHNICAL CHANGES.

This act affects sections of Utah Code Annotated 1953 as follows:

AMENDS:

19-2-104 , as last amended by Chapters 75 and 257, Laws of Utah 1996

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 19-2-104 is amended to read:

19-2-104. Powers of board.

(1) The board may make rules in accordance with Title 63, Chapter 46a, Utah

Administrative Rulemaking Act:

(a) regarding the control, abatement, and prevention of air pollution from all sources and

the establishment of the maximum quantity of air contaminants that may be emitted by any air

contaminant source;

(b) establishing air quality standards;

(c) requiring persons engaged in operations which result in air pollution to:

(i) install, maintain, and use emission monitoring devices, as the board finds necessary;

(ii) file periodic reports containing information relating to the rate, period of emission, and

composition of the air contaminant; and

(iii) provide access to records relating to emissions which cause or contribute to air

pollution;

(d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter II

- Asbestos Hazard Emergency Response, and reviewing and approving asbestos management plans

### S.B. 118 Enrolled Copy

submitted by local education agencies under that act;

(e) establishing a requirement for a diesel emission opacity inspection and maintenance

program for diesel-powered motor vehicles;

(f) implementing an operating permit program as required by and in conformity with Titles

IV and V of the federal Clean Air Act Amendments of 1990;

(g) establishing requirements for county emissions inspection and maintenance programs

after obtaining agreement from the counties that would be affected by the requirements; [ and ]

(h) with the approval of the governor, implementing in air quality nonattainment areas

employer-based trip reduction programs applicable to businesses having more than 100 employees

at a single location and applicable to federal, state, and local governments to the extent necessary

to attain and maintain ambient air quality standards consistent with the state implementation plan

and federal requirements [ subject to ] under the standards [ under ] set forth in Subsection (2)[

. ] ; and

(i) implementing lead-based paint remediation training, certification, and performance

requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,

Subchapter IV -- Lead Exposure Reduction, Section 402 and 404.

(2) When implementing Subsection (1)(h) the board shall take into consideration:

(a) the impact of the business on overall air quality; and

(b) the need of the business to use automobiles in order to carry out its business purposes.

(3) The board may:

(a) hold hearings relating to any aspect of or matter in the administration of this chapter and

compel the attendance of witnesses and the production of documents and other evidence, administer

oaths and take testimony, and receive evidence as necessary;

(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders by

appropriate administrative and judicial proceedings, and institute judicial proceedings to secure

compliance with this chapter;

(c) settle or compromise any civil action initiated to compel compliance with this chapter

and the rules made under this chapter;

(d) secure necessary scientific, technical, administrative, and operational services, including

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### Enrolled Copy S.B. 118

laboratory facilities, by contract or otherwise;

(e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and

control of air pollution in this state;

(f) encourage voluntary cooperation by persons and affected groups to achieve the purposes

of this chapter;

(g) encourage local units of government to handle air pollution within their respective

jurisdictions on a cooperative basis and provide technical and consultative assistance to them;

(h) encourage and conduct studies, investigations, and research relating to air contamination

and air pollution and their causes, effects, prevention, abatement, and control;

(i) determine by means of field studies and sampling the degree of air contamination and air

pollution in all parts of the state;

(j) monitor the effects of the emission of air contaminants from motor vehicles on the quality

of the outdoor atmosphere in all parts of this state and take appropriate action with respect to them;

(k) collect and disseminate information and conduct educational and training programs

relating to air contamination and air pollution;

(l) advise, consult, contract, and cooperate with other agencies of the state, local

governments, industries, other states, interstate or interlocal agencies, the federal government, and

with interested persons or groups;

(m) consult, upon request, with any person proposing to construct, install, or otherwise

acquire an air contaminant source in the state concerning the efficacy of any proposed control device,

or system for this source, or the air pollution problem which may be related to the source, device,

or system, but a consultation does not relieve any person from compliance with this chapter, the rules

adopted under it, or any other provision of law;

(n) accept, receive, and administer grants or other funds or gifts from public and private

agencies, including the federal government, for the purpose of carrying out any of the functions of

this chapter;

(o) require the owner and operator of each new source which directly emits or has the

potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each

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### S.B. 118 Enrolled Copy

existing source which by modification will increase emissions or have the potential of increasing

emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the

reasonable costs of:

(i) reviewing and acting upon the notice required under Section 19-2-108; and

(ii) implementing and enforcing requirements placed on the sources by any approval order

issued pursuant to notice, not including any court costs associated with any enforcement action;

(p) assess and collect noncompliance penalties as required in Section 120 of the federal

Clean Air Act, 42 U.S.C. Sec. 7420;

(q) meet the requirements of federal air pollution laws;

(r) establish work practice, certification, and clearance air sampling requirements for persons

who:

(i) contract for hire to conduct demolition, renovation, salvage, encapsulation work

involving friable asbestos-containing materials, or asbestos inspections; or

(ii) conduct work described in Subsection (i) in areas to which the general public has

unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency

Response Act of 1986; [ or ]

(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic

Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or

(iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic

Substances Control Act, Subchapter IV -- Lead Exposure Reduction;

(s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq.,

Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be

accredited as inspectors, management planners, abatement project designers, asbestos abatement

contractors and supervisors, or asbestos abatement workers;

(t) establish certification requirements for asbestos project monitors, which shall provide for

experience-based certification of persons who, prior to establishment of the certification

requirements, had received relevant asbestos training, as defined by rule, and had acquired at least

1,000 hours of experience as project monitors;

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### Enrolled Copy S.B. 118

(u) establish certification procedures and requirements for certification of the conversion of

a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in

Section 59-7-605 or 59-10-127; [ and ]

(v) establish a program to certify private sector air quality permitting professionals (AQPP),

as described in Section 19-2-109.5[

. ] ; and

(w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq.,

Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited as inspectors, risk

assessors, supervisors, project designers, or abatement workers.

(4) Any rules adopted under this chapter shall be consistent with provisions of federal laws,

if any, relating to control of motor vehicles or motor vehicle emissions.

(5) Nothing in this chapter authorizes the board to require installation of or payment for any

monitoring equipment by the owner or operator of a source if the owner or operator has installed or

is operating monitoring equipment that is equivalent to equipment which the board would require

under this section.

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### Enrolled Copy H.B. 165

17A-2-1315 and in Chapter 3, Part 2, County Improvement District Act, or Part 3, Utah

Municipal Improvement District Act.

(e) In determining whether or not a project or improvement undertaken by an

improvement district is within the scope of the purposes for whi ch the special service district

creating that improvement district was organized, any project or impr ovement reasonably related

to the purposes for which the special service district creating that i mprovement district was

organized is considered to be within the scope of those purposes.

(4) The creation of a special service district to provide jail services as provided in

Subsection (1)(a)(x) does not affect the ability of a municipalit y under Section 10-8-58 to

provide, operate, and maintain facilities for the temporary in carceration, not to exceed 72 hours,

of persons charged with the violation of a municipal ordinance.

Section 18. Section 17A-3-606 is amended to read:

17A-3-606. Contracts for mental health services provided by local mental health

authorities.

Where a local mental health authority has established a plan to provi de services

authorized by this part, and those services meet standards fixed by rules of the board, the local

mental health authority may enter into a contract with the Divisio n of Substance Abuse and

Mental Health for mental health services to be furnished by that local mental health authority for

an agreed compensation to be paid by the division.

Section 19. Section 19-2-104 is amended to read:

19-2-104. Powers of board.

(1) The board may make rules in accordance with Title 63, Chapter 46a, Ut ah

Administrative Rulemaking Act:

(a) regarding the control, abatement, and prevention of air pollutio n from all sources and

the establishment of the maximum quantity of air contaminants that may be emitted by any air

contaminant source;

(b) establishing air quality standards;

(c) requiring persons engaged in operations which result in air pollut ion to:

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### H.B. 165 Enrolled Copy

(i) install, maintain, and use emission monitoring devices, as the board finds necessary;

(ii) file periodic reports containing information relating to the rate, period of emission,

and composition of the air contaminant; and

(iii) provide access to records relating to emissions which cause or contribute to air

pollution;

(d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control A ct, Subchapter II

- Asbestos Hazard Emergency Response, and reviewing and approving asbes tos management

plans submitted by local education agencies under that act;

(e) establishing a requirement for a diesel emission opacity ins pection and maintenance

program for diesel-powered motor vehicles;

(f) implementing an operating permit program as required by and in confo rmity with

Titles IV and V of the federal Clean Air Act Amendments of 1990;

(g) establishing requirements for county emissions inspection and maintenance programs

after obtaining agreement from the counties that would be affected by t he requirements;

(h) with the approval of the governor, implementing in air quality nonattainment areas

employer-based trip reduction programs applicable to businesses having mor e than 100

employees at a single location and applicable to federal, state, and local gov ernments to the

extent necessary to attain and maintain ambient air quality standards consi stent with the state

implementation plan and federal requirements under the standards set forth i n Subsection (2);

and

(i) implementing lead-based paint remediation training, certification, and performance

requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Subst ances Control Act,

Subchapter IV -- Lead Exposure Reduction, [Section ] Sections 402 and [404 ] 406

. (2) When implementing Subsection (1)(h) the board shall take into consideration:

(a) the impact of the business on overall air quality; and

(b) the need of the business to use automobiles in order to carry out its business

purposes.

(3) The board may:

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### Enrolled Copy H.B. 165

(a) hold hearings relating to any aspect of or matter in the admini stration of this chapter

and compel the attendance of witnesses and the production of documents and ot her evidence,

administer oaths and take testimony, and receive evidence as necessary;

(b) issue orders necessary to enforce the provisions of this chapter , enforce the orders by

appropriate administrative and judicial proceedings, and institute judicial proceedings to secure

compliance with this chapter;

(c) settle or compromise any civil action initiated to compel compli ance with this chapter

and the rules made under this chapter;

(d) secure necessary scientific, technical, administrative, and operation al services,

including laboratory facilities, by contract or otherwise;

(e) prepare and develop a comprehensive plan or plans for the prevention, abatement,

and control of air pollution in this state;

(f) encourage voluntary cooperation by persons and affected groups to achieve the

purposes of this chapter;

(g) encourage local units of government to handle air pollution with in their respective

jurisdictions on a cooperative basis and provide technical and consul tative assistance to them;

(h) encourage and conduct studies, investigations, and research rela ting to air

contamination and air pollution and their causes, effects, prevention, a batement, and control;

(i) determine by means of field studies and sampling the degree of air co ntamination and

air pollution in all parts of the state;

(j) monitor the effects of the emission of air contaminants from motor vehicles on the

quality of the outdoor atmosphere in all parts of this state and take appr opriate action with

respect to them;

(k) collect and disseminate information and conduct educational and train ing programs

relating to air contamination and air pollution;

(l) advise, consult, contract, and cooperate with other agencies of t he state, local

governments, industries, other states, interstate or interlocal agen cies, the federal government,

and with interested persons or groups;

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### H.B. 165 Enrolled Copy

(m) consult, upon request, with any person proposing to construct, i nstall, or otherwise

acquire an air contaminant source in the state concerning the efficacy of any proposed control

device, or system for this source, or the air pollution problem whi ch may be related to the source,

device, or system, but a consultation does not relieve any person from compliance with this

chapter, the rules adopted under it, or any other provision of law;

(n) accept, receive, and administer grants or other funds or gifts f rom public and private

agencies, including the federal government, for the purpose of carrying out any of the functions

of this chapter;

(o) require the owner and operator of each new source which directly em its or has the

potential to emit 100 tons per year or more of any air contaminant o r the owner or operator of

each existing source which by modification will increase emissio ns or have the potential of

increasing emissions by 100 tons per year or more of any air cont aminant, to pay a fee sufficient

to cover the reasonable costs of:

(i) reviewing and acting upon the notice required under Section 19-2-108; and

(ii) implementing and enforcing requirements placed on the sources by an y approval

order issued pursuant to notice, not including any court costs associated w ith any enforcement

action;

(p) assess and collect noncompliance penalties as required in Section 120 o f the federal

Clean Air Act, 42 U.S.C. Sec. 7420;

(q) meet the requirements of federal air pollution laws;

(r) establish work practice, certification, and clearance air sampling requi rements for

persons who:

(i) contract for hire to conduct demolition, renovation, s alvage, encapsulation work

involving friable asbestos-containing materials, or asbestos i nspections; or

(ii) conduct work described in Subsection (3)(r) (i) in areas to which the general public

has unrestrained access or in school buildings that are subject to t he federal Asbestos Hazard

Emergency Response Act of 1986;

(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic

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### Enrolled Copy H.B. 165

Substances Control Act, Subchapter II - Asbestos Hazard Emergency Res ponse; or

(iv) conduct lead paint inspections in facilities subject to 15 U.S .C.A. 2601 et seq., Toxic

Substances Control Act, Subchapter IV -- Lead Exposure Reduction;

(s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et

seq., Toxic Substances Control Act, Subchapter II - Asbestos Ha zard Emergency Response, to be

accredited as inspectors, management planners, abatement project designers, asbes tos abatement

contractors and supervisors, or asbestos abatement workers;

(t) establish certification requirements for asbestos project mon itors, which shall provide

for experience-based certification of persons who, prior to establish ment of the certification

requirements, had received relevant asbestos training, as defined by rule, and had acquired at

least 1,000 hours of experience as project monitors;

(u) establish certification procedures and requirements for certificati on of the conversion

of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligi ble for the tax credit

granted in Section 59-7-605 or 59-10-127;

(v) establish a program to certify private sector air quality permit ting professionals

(AQPP), as described in Section 19-2-109.5; and

(w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et

seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited as

inspectors, risk assessors, supervisors, project designers, or abat ement workers.

(4) Any rules adopted under this chapter shall be consistent with prov isions of federal

laws, if any, relating to control of motor vehicles or motor vehicle emissions.

(5) Nothing in this chapter authorizes the board to require install ation of or payment for

any monitoring equipment by the owner or operator of a source if t he owner or operator has

installed or is operating monitoring equipment that is equivalent to equipment which the board

would require under this section.

Section 20. Section 20A-3-105.5 is amended to read:

20A-3-105.5. Manner of voting -- Provisional ballot.

(1) As used in this section:

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### H.B. 165 Enrolled Copy

(a) "Proof of identity" means some form of photo identificat ion, such as a driver license

or identification card, that establishes a person's identity.

(b) "Proof of residence" means some official document or form, s uch as a driver license

or utility bill that establishes a person's residence.

(2) The election judges shall follow the procedures and requirements of this section

when:

(a) the person's right to vote is challenged as provided in Secti on 20A-3-202; or

(b) the person's name is not found on the official register

. (3) When faced with one of the circumstances outlined in Subsection ( 2), the election

judge shall:

(a) request that the person provide proof of identity and proof of residency; and

(b) review the proof of identity and proof of residency provided by the person.

(4) If the election judge is satisfied that the person has establ ished [their ] the person's

identity and [their ] residence in the voting precinct:

(a) the election judge in charge of the official register shall:

(i) record in the official register the type of source documents that established the

person's proof of identity and proof of residency;

(ii) write the provisional ballot envelope number opposite the name of the voter in the

official register; and

(iii) direct the voter to sign his name in the election column i n the official register;

(b) another judge shall list the ballot number and voter's name in the pollbook; and

(c) the election judge having charge of the ballots shall:

(i) endorse his initials on the stub;

(ii) check the name of the voter on the pollbook list with the number of the stub;

(iii) give the voter a ballot and a provisional ballot envelope; and

(iv) allow the voter to enter the voting booth.

(5) Whenever the election officer is required to furnish more than one kind of official

ballot to a voting precinct, the election judges of that voting precinct shall give the registered

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# APPENDIX 4

LEAD-BASED PAINT RULES

R307-840, R307-841, AND R307-842, UTAH

ADMINISTRATIVE CODER307. Environmental Quality, Air Quality.

R307-840. Lead-Based Paint Program Purpose, Applic ability, and Definitions. R307-840-1. Purpose and Applicability. (1) Rule R307-840, R307-841, and R307-842 establi sh procedures and requirements for the accreditation o f training programs for lead-based paint activities and renova tions, procedures and requirements for the certification o f individuals and firms engaged in lead-based paint activities an d renovations, and work practice standards for performing such act ivities. These rules also require that, except as outlined in R307 -840-1(2), all lead-based paint activities and renovations, as def ined in these rules, must be performed by certified individuals a nd firms. (2) R307-840, R307-841, and R307-842 apply to all individuals, agencies, and firms who are engaged in lead-based paint activities and renovations as defined in R307 -840-2, except for persons who perform these activities within res idential dwellings that they own, unless the residential dwe lling is occupied by a person or persons other than the owne r or the owner’s immediate family while these activities are being p erformed, or a child residing in the building has been identified as having an
elevated blood lead level. (3) The standards for lead-based paint hazards ap ply to target housing and child-occupied facilities. (4) R307-840, R307-841, and R307-842 do not requi re the owner of the property or properties subject to these rule s to evaluate the property or properties for the presence of lead -based paint hazards or take any action to control these conditi ons if one or more of them is identified. (5) While R307-840, R307-841, and R307-842 establ ish specific requirements for performing lead-based paint activi ties and renovations should they be undertaken, these rules do not require that the owner or occupant undertake any particular lead-based paint activity or renovation. The following definitions apply to R307-840, R307-8 41, and R307-842 in addition to the definitions found in R307-101-2.

R307-840-2. Definitions. "Abatement" means any measure or set of measures d esigned to permanently eliminate lead-based paint hazards. Ab atement includes, but is not limited to: (1) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent c overing of soil, when lead-based paint hazards are present in such p aint, dust, or soil; and (2) All preparation, cleanup, disposal, and post- abatement clearance testing activities associated with such m easures. (3) Specifically, abatement includes, but is not limited to: (a) Projects for which there is a written contrac t or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelli ng or childoccupied facility that: (i) Shall result in the permanent elimination of lead-basedpaint hazards, or

(ii) Are designed to permanently eliminate lead-b ased paint hazards and are described in paragraphs (1) and (2) of this definition; (b) Projects resulting in the permanent eliminati on of leadbased paint hazards conducted by firms or individua ls certified in accordance with R307-842-2, unless such projects ar e covered by paragraph (4) of this definition; (c) Projects resulting in the permanent eliminati on of leadbased paint hazards conducted by firms or individua ls who, through their company name or promotional literature, repre sent, advertise, or hold themselves out to be in the business of per forming leadbased paint activities as identified and defined by this section, unless such projects are covered by paragraph (4) o f this definition; or (d) Projects resulting in the permanent eliminati on of leadbased paint hazards that are conducted in response to State or local abatement orders. (4) Abatement does not include renovation, remode ling, landscaping or other activities, when such activiti es are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remode l a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination o f lead-based paint hazards. Furthermore, abatement does not inc lude interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not per manently, reduce lead-based paint hazards. "Accredited Training Program" means a training pro gram that has been accredited by the Executive Secretary purs uant to R307- 842-1 to provide training for individuals engaged i n lead-based paint activities. "Adequate Quality Control" means a plan or design which ensures the authenticity, integrity, and accuracy o f samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions f or representative sampling. "Arithmetic Mean" means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divid ed by the number of samples). "Business Day" means Monday through Friday with th e exception of Federal and State of Utah holidays. "Certificate of Mailing" means Certificate of Mail ing as defined by the United States Postal Service. "Certified Abatement Worker" means an individual w ho has been trained by an accredited training program and certi fied by the Executive Secretary pursuant to R307-842-2 to perfo rm abatements. "Certified Dust Sampling Technician" means an indi vidual who has been trained by an accredited training program and certified by the Executive Secretary pursuant to R307-841-8(1) a nd R307-842-2 to collect dust samples. "Certified Inspector" means an individual who has been trained by an accredited training program and certified by the ExecutiveSecretary pursuant to R307-842-1 to conduct inspect ions. A

certified inspector also samples for the presence o f lead in dust and soil for the purposes of abatement clearance te sting. "Certified Project Designer" means an individual w ho has been trained by an accredited training program and certi fied by the Executive Secretary pursuant to R307-842-2 to prepa re abatement project designs, occupant protection plans, and aba tement reports. "Certified Renovator" means an individual who has been trained by an accredited training program and certified by the Executive Secretary pursuant to R307-841-8(1) and R307-842-2 to conduct renovations. "Certified Risk Assessor" means an individual who has been trained by an accredited training program and certi fied by the Executive Secretary pursuant to R307-842-2 to condu ct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clea rance testing. "Certified Supervisor" means an individual who has been trained by an accredited training program and certi fied by the Executive Secretary pursuant to R307-842-2 to super vise and conduct abatements, and to prepare occupant protection plan s and abatement reports. "Chewable Surface" means an interior or exterior s urface painted with lead-based paint that a young child ca n mouth or chew. A chewable surface is the same as an "accessible s urface" as defined in 42 U.S.C. 4851b(2). Hard metal substrat es and other materials that can not be dented by the bite of a y oung child are not considered chewable. "Child-Occupied Facility" means a building, or por tion of a building, constructed prior to 1978, visited regula rly by the same child under 6 years of age on at least two differen t days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekl y visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to co mmon areas in public or commercial buildings that contain child-o ccupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children un der age 6, such as restrooms and cafeterias. Common areas that chi ldren under age 6 only pass through, such as hallways, stairways, a nd garages are not included. In addition, with respect to exterio rs of public or commercial buildings that contain child-occupied fa cilities, the child-occupied facility encompasses only the exteri or sides of the building that are immediately adjacent to the child -occupied facility or the common areas routinely used by chil dren under age
6. "Cleaning Verification Card" means a card develope d and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disp osable cleaning cloths with the card, whether post-renovation clean ing has been properly completed. "Clearance Levels" are values that indicate the ma ximum amountof lead permitted in dust on a surface following co mpletion of an

abatement activity. "Common Area" means a portion of a building that i s generally accessible to all occupants. Such an area may incl ude, but is not limited to, hallways, stairways, laundry and recrea tional rooms, playgrounds, community centers, garages, and bounda ry fences. "Common Area Group" means a group of common areas that are similar in design, construction, and function. Com mon area groups include, but are not limited to hallways, stairways , and laundry

rooms. "Component or Building Component" means specific d esign or structural elements or fixtures of a building, resi dential dwelling, or child-occupied facility that are disti nguished from each other by form, function, and location. These include, but are not limited to, interior components such as ceiling s, crown molding, walls, chair rails, doors, door trim, floo rs, fireplaces, radiators and other heating units, shelves, shelf s upports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, wi ndow heads, jambs, sills or stools and troughs), built in cabin ets, columns, beams, bathroom vanities, counter tops, and air con ditioners, and exterior components such as painted roofing, chimne ys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fence s, floors, joists, lattice work, railings and railing caps, si ding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners. "Concentration" means the relative content of a sp ecific substance contained within a larger mass, such as t he amount of lead (in micrograms per gram or parts per million b y weight) in a sample of dust or soil. "Containment" means a process to protect workers a nd the environment by controlling exposures to the lead-co ntaminated dust and debris created during an abatement. "Course agenda" means an outline of the key topics to be covered during a training course, including the tim e allotted to teach each topic. "Course Test" means an evaluation of the overall e ffectiveness of the training which shall test the trainees’ know ledge and retention of the topics covered during the course. "Course Test Blue Print" means written documentati on identifying the proportion of course test questions devoted to each major topic in the course curriculum. "Deteriorated Paint" means any interior or exterio r paint or other coating that is peeling, chipping, chalking, or cracking, or any other paint or coating located on an interior o r exterior surface or fixture that is otherwise damaged or sep arated from the
substrate. "Discipline" means one of the specific types or ca tegories of lead-based paint activities identified in this rule for which individuals may receive training from accredited pr ograms and become certified by the Executive Secretary. Disci plines include Abatement Worker, Dust Sampling Technician, Inspect or, ProjectDesigner, Renovator, Risk Assessor, and Supervisor.

"Distinct Painting History" means the application history, as indicated by its visual appearance or a record of a pplication over time of paint or other surface coatings to a compon ent or room. "Documented Methodologies" are methods or protocol s used to sample for the presence of lead in paint, dust, and soil. "Dripline" means the area within 3 feet surroundin g the perimeter of the building. "Dry Disposable Cleaning Cloth" means a commercial ly available dry, electrostatically charged, white disposable cl oth designed to be used for cleaning hard surfaces such as uncarpet ed floors or counter tops. "Dust-lead hazard" means surface dust in a residen tial dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 ug/f t2 on floors or 250 ug/ft2 on interior window sills based on wipe s amples. "Elevated Blood Lead Level (EBL)" means an excessi ve absorption of lead that is a confirmed concentratio n of lead in whole blood of 20 micrograms of lead per deciliter of whole blood (ug/dl) for a single venous test or of 15-19 ug/dl in two consecutive tests taken 3 to 4 months apart. "Emergency Renovation Operations" means renovation activities, such as operations necessitated by non-routine fail ures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipm ent and/or property with significant damage. "Encapsulant" means a substance that forms a barri er between lead based paint and the environment using a liquid -applied coating (with or without reinforcement materials) or an adh esively bonded covering material. "Encapsulation" means the application of an encaps ulant. "Enclosure" means the use of rigid, durable constr uction materials that are mechanically fastened to the sub strate in order to act as a barrier between lead-based paint and th e environment. "EPA" means the United States Environmental Protec tion Agency. "Executive Secretary" means the Executive Secretar y of the Utah Air Quality Board. "Friction Surface" means an interior or exterior s urface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces. "Firm" means a company, partnership, corporation, sole proprietorship or individual doing business, associ ation, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization that performs l ead-based paint activities or renovations. "Guest Instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activ ities, or work practice components of a course. "Hands-On Skills Assessment" means an evaluation w hich tests the trainees’ ability to satisfactorily perform the work practices and procedures identified in R307-842-1(4), as well as any other skill taught in a training course."Hazardous Waste" means any waste as defined in 40 CFR 261.3.

"HEPA Vacuum" means a vacuum cleaner which has bee n designed with a high-efficiency particulate air (HEPA) filte r as the last filtration stage. A HEPA filter is a filter that i s capable of capturing particles of 0.3 microns with 99.97% effi ciency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with no ne of the air leaking past it. "Housing for the Elderly" means retirement communi ties or similar types of housing reserved for households co mposed of one or more persons 62 years of age or more at the time of initial

occupancy. "HUD" means the United States Department of Housin g and Urban Development. "Impact Surface" means an interior or exterior sur face that is subject to damage by repeated sudden force such as certain parts of
door frames. "Inspection" means a surface-by-surface investigat ion to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. "Interim Certification" means the status of an ind ividual who has successfully completed the appropriate training course in a discipline from an accredited training program, as defined by this section, but has not yet received formal certificat ion in that discipline from the Executive Secretary pursuant to R307-842-2. Interim certification expires 6 months after the co mpletion of the training course, and is equivalent to a certificate for the 6-month period. "Interim Controls" means a set of measures designe d to temporarily reduce human exposure or likely exposur e to lead-based paint hazards, including specialized cleaning, repa irs, maintenance, painting, temporary containment, ongoi ng monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resid ent education

programs. "Interior Window Sill" means the portion of the ho rizontal window ledge that protrudes into the interior of th e room. "Lead-Based Paint" means paint or other surface co atings that contain lead equal to or in excess of 1.0 milligram s per square centimeter or more than 0.5% by weight. "Lead-Based Paint Activities" means, in the case o f target housing and child-occupied facilities, inspection, risk assessment,
and abatement. "Lead-Based Paint Activities Courses" means initia l and refresher training courses (worker, supervisor, ins pector, risk assessor, project designer) provided by accredited training

programs. "Lead-Based Paint Hazard" means hazardous lead-bas ed paint, dust-lead hazard, or soil-lead hazard as identified in R307-840-2. "Lead-Hazard Screen" means a limited risk assessme nt activity that involves limited paint and dust sampling as de scribed in R307- 842-3(3). "Living Area" means any area of a residential dwel ling used by one or more children age 6 and under, including, bu t not limitedto, living rooms, kitchen areas, dens, play rooms, and children’s

bedrooms. "Loading" means the quantity of a specific substan ce present per unit of surface area, such as the amount of lea d in micrograms contained in the dust collected from a certain surf ace area divided by the surface area in square feet or square meters

. "Local Government" means a county, city, town, bor ough, parish, district, association, or other public body (including an agency comprised of two or more of the foregoing en tities) created
under State law. "Mid-Yard" means an area of a residential yard app roximately midway between the dripline of a residential buildi ng and the nearest property boundary or between the driplines of a residential building and another building on the same property. "Minor Repair and Maintenance Activities" are acti vities, including minor heating, ventilation, or air condit ioning work, electrical work, and plumbing, that disrupt 6 squar e feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activi ties where none of the work practices prohibited or restricted by R 307-841-5(1)(c) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface distu rbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job fo r the purpose of determining whether the job is a minor repair and m aintenance activity. "Multi-Family Dwelling" means a structure that con tains more than one separate residential dwelling unit which i s used or occupied, or intended to be used or occupied, in wh ole or in part, as the home or residence of one or more persons. "Multi-Family Housing" means a housing property co nsisting of more than four dwelling units. "Nonprofit" means an entity which has demonstrated to any branch of the Federal Government or to a State, mun icipal, tribal or territorial government, that no part of its net earnings inure to the benefit of any private shareholder or indivi dual. "Owner" means any entity that has legal title to t arget housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, indian tribes, and nonprofit organizations, except where a mortgagee holds legal title to property serving as collateral for a mortgage loan, in which case the owner would be the mortgagor. "Paint In Poor Condition" means more than 10 squar e feet of deteriorated paint on exterior components with larg e surface areas, or more than 2 square feet of deteriorated paint on interior components with large surface areas (e.g., walls, c eilings, floors, doors), or more than 10 percent of the total surfac e area of the component is deteriorated on interior or exterior c omponents with small surface areas (window sills, baseboards, soff its, trim). "Paint-lead hazard" means any of the following: (a) Any lead-based paint on a friction surface th at is subject to abrasion and where the lead dust levels on the nearesthorizontal surface underneath the friction surface (e.g., the

window sill or floor) are equal to or greater than the dust-lead hazard levels identified in the definition of “Dust -lead hazard”. (b) Any damaged or otherwise deteriorated lead-ba sed paint on an impact surface that is caused by impact from a r elated building component (such as a door knob that knocks into a w all or a door that knocks against its door frame). (c) Any chewable lead-based painted surface on wh ich there is evidence of teeth marks. (d) Any other deteriorated lead-based paint in an y residential building or child-occupied facility or on the exterior of any residential building or child-occupied facil ity. "Pamphlet" means the EPA pamphlet titled "Renovate Right: Important Lead Hazard Information for Families, Chi ld Care Providers and Schools" developed under Section 406( a) of TSCA for use in complying with section 406(b) of TSCA. This includes reproductions of the pamphlet when copied in full a nd without revision or deletion of material from the pamphlet (except for the addition or revision of State or local sources of i nformation). "Permanently Covered Soil" means soil which has be en separated from human contact by the placement of a barrier co nsisting of solid, relatively impermeable materials, such as pa vement or concrete. Grass, mulch, and other landscaping mate rials are not considered permanent covering. "Person" means any natural or judicial person incl uding any individual, corporation, partnership, or associatio n, any indian tribe, State, or political subdivision thereof, any interstate body, and any government department, agency, or ins trumentality. "Play Area" means an area of frequent soil contact by children of less than 6 years of age as indicated by, but no t limited to, such factors including the presence of play equipme nt (e.g., sandboxes, swing sets, and sliding boards), toys, o r other children’s possessions, observations of play patter ns, or information provided by parents, residents, care gi vers, or property owners. "Principal Instructor" means the individual who ha s the primary responsibility for organizing and teaching a particular

course. "Recognized Laboratory" means an environmental lab oratory recognized by EPA pursuant to TSCA Section 405(b) a s being capable of performing an analysis for lead compounds in pai nt, soil, and
dust. "Recognized Test Kit" means a commercially availab le kit recognized by EPA under 40 CFR 745.88 as being capa ble of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or p ainted surface. "Reduction" means measures designed to reduce or e liminate human exposure to lead-based paint hazards through methods including interim controls and abatement. "Renovation" means the modification of an existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this rule. The term renovation inclu des, but is notlimited to, the removal, modification, or repair of painted

surfaces or painted components (e.g., modification of painted doors, surface preparation activity (such as sandin g, scraping, or other such activities that may generate paint dust) ), the removal of building components (e.g., walls, ceilings, plum bing, windows), weatherization projects (e.g., cutting holes in pai nted surfaces to install blown-in insulation or to gain access to at tics, planning thresholds to install weather-stripping), and inter im controls that disturb painted surfaces. A renovation performed f or the purpose of converting a building, or part of a building, in to target housing or a child-occupied facility is a renovatio n under this rule. The term renovation does not include minor r epair and maintenance activities. "Residential Building" means a building containing one or more residential dwellings. "Residential Dwelling" means (1) a detached single family dwelling unit, including attached structures such a s porches and stoops; or (2) a single family dwelling unit in a s tructure that contains more than one separate residential dwellin g unit, which is used or occupied, or intended to be used or occupie d, in whole or in part, as the home or residence of one or more pe rsons. "Risk Assessment" means (1) an on-site investigati on to determine the existence, nature, severity, and loca tion of leadbased paint hazards; and (2) the provision of a rep ort by the individual or firm conducting the risk assessment, explaining the results of the investigation and options for reduci ng lead-based paint hazards. "Room" means a separate part of the inside of a bu ilding, such as a bedroom, living room, dining room, kitchen, ba throom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least 6 inches from an inte rsecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions con sisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room. "Soil Sample" means a sample collected in a repres entative location using ASTM E1727, “Standard Practice for F ield Collection of Soil Samples for Lead Determination by Atomic Sp ectrometry Techniques,” or equivalent method. "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied fac ility that contains total lead equal to or exceeding 400 parts per million (ug/g) in a play area or average 1,200 parts per mi llion of bare soil in the rest of the yard based on soil samples. "Start Date" means the first day of any lead-based paint activities training course or lead-based paint abat ement activity. "Start Date Provided to the Executive Secretary" m eans the start date included in the original notification or the most recent start date provided to the Executive Secretary in a n updated notification. "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Unit ed States Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern MarianaIslands, or any other territory or possession of th e United States.

"Target housing" means any housing constructed pri or to 1978, except housing for the elderly or persons with disa bilities (unless any one or more children age 6 years or under resid es or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling. "Training curriculum" means an established set of course topics for instruction in an accredited training pr ogram for a particular discipline designed to provide specializ ed knowledge and skills. "Training Hour" means at least 50 minutes of actua l learning, including, but not limited to, time devoted to lect ure, learning activities, small group activities, demonstrations, evaluations, and hands-on experience. "TSCA" means the Toxic Substances Control Act, 15 U.S.C. 2601. "Training Manager" means the individual responsibl e for administering a training program and monitoring the performance of principal instructors and guest instructors. "Training Provider" means any organization or enti ty accredited under R307-842-1 to offer lead-based pai nt activities

courses. "Visual Inspection for Clearance Testing" means th e visual examination of a residential dwelling or a child-oc cupied facility following abatement to determine whether or not the abatement has been successfully completed. "Visual Inspection for Risk Assessment" means the visual examination of a residential dwelling or a child-oc cupied facility to determine the existence of deteriorated lead-bas ed paint or other potential sources of lead-based paint hazards

. "Weighted Arithmetic Mean" means the arithmetic me an of sample results weighted by the number of subsamples in eac h sample. Its purpose is to give influence to a sample relative t o the surface area it represents. A single surface sample is com prised of a single subsample. A composite sample may contain f rom two to four subsamples of the same area as each other and of ea ch single surface sample in the composite. The weighted arit hmetic mean is obtained by summing, for all samples, the product o f the sample’s result multiplied by the number of subsamples in th e sample, and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 ug/ft2, a composite sa mple (3 subsamples) containing 100 ug/ft2, and a composite sample (4 subsamples) containing 110 ug/ft2 is 100 ug/ft2. T his result is based on the equation [60+(3*100)+(4*110)]/(1+3+4). "Wet Disposable Cleaning Cloth" means a commercial ly available, pre-moistened white disposable cloth des igned to be used for cleaning hard surfaces such as uncarpeted floor s or counter tops. "Wet Mopping System" means a device with the follo wing characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equi valent efficacy. "Window Trough" means, for a typical double-hung w indow, theportion of the exterior window sill between the int erior window

sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that re ceives both the upper and lower window sashes when they are both lo wered. The window trough is sometimes referred to as the windo w well. "Wipe Sample" means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques”, or equivalent method, wit h an acceptable wipe material as defined in ASTM E1792, “Standard S pecification for Wipe Sampling Materials for Lead in Surface Dust.” "Work Area" means the area that the certified reno vator establishes to contain the dust and debris generate d by a renovation. "0-Bedroom Dwelling" means any residential dwellin g in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.

KEY: definitions, paint, lead-based paint Date of Enactment or Last Substantive Amendment: 2 010 Notice of Continuation: May 7, 2009 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(i)R307. Environmental Quality, Air Quality.

R307-841. Residential Property and Child-Occupied Facility Renovation. R307-841-1. Purpose. This rule contains regulations developed under Sect ions 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations performed for compensati on in target housing and child-occupied facilities. The purpose of this rule is to ensure the following: (1) Owners and occupants of target housing and ch ild-occupied facilities receive information on lead-based paint hazards before these renovations begin; and (2) Individuals performing renovations regulated in accordance with R307-841-3 are properly trained, re novators, and firms performing these renovations are certified, a nd the work practices in R307-841-5 are followed during these r enovations.

R307-841-2. Effective Dates. (1) Training, certification and accreditation req uirements, and work practice standards. The training, certifi cation and accreditation requirements, and work practice stand ards in this rule will become effective as follows: (a) Training programs. No training program may p rovide, offer, or claim to provide training or refresher tr aining for Executive Secretary certification as a renovator or a dust sampling technician without accreditation from the Executive Secretary under R307-842-1. Training programs may apply for accred itation under
R307-842-1; (b) Firms. (i) Firms may apply for certification under R307- 841-7. (ii) No firm may perform, offer, or claim to perf orm renovations without certification from the Executiv e Secretary under R307-841-7 in target housing or child-occupie d facilities, unless the renovation qualifies as one of the excep tions identified in R307-841-3(1) or (3). (c) Individuals. All renovations must be directe d by renovators certified in accordance with R307-841-8( 1) and performed by certified renovators or individuals trained in a ccordance with R307-841-8(2)(b) in target housing or child-occupie d facilities, unless the renovation qualifies as one of the excep tions identified in R307-841-3(1) or (3). (d) Work practices. All renovations must be perfo rmed in accordance with the work practice standards in R307 -841-5 and the associated recordkeeping requirements in R307-841-6 (2)(f) and (2)(g) in target housing or child-occupied faciliti es, unless the renovation qualifies as one of the exceptions ident ified in R307- 841-3(1) or (3). (2) Renovation-specific pamphlet. Renovators or firms performing renovations must provide owners and occu pants with "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools."

R307-841-3. Applicability. (1) This rule applies to all renovations performe d forcompensation in target housing and child-occupied f acilities,

except for the following: (a) Renovations in target housing or child-occupi ed facilities in which a written determination has bee n made by an inspector or risk assessor, certified pursuant to R 307-842, that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to o r in excess of 1.0 milligrams/per square centimeter (mg/cm2) or 0. 5% by weight, where the firm performing the renovation has obtain ed a copy of the determination; or (b) Renovations in target housing or child-occupi ed facilities in which a certified renovator, using an EPA-recognized test kit as defined in R307-840-2 and following the kit manufacturer’s instructions, has tested each compon ent affected by the renovation and determined that the components a re free of paint or other surface coatings that contain lead equal t o or in excess of 1.0 mg/cm2 or 0.5% by weight. If the components make up an integrated whole, such as the individual stair trea ds and risers of a single staircase, the renovator is required to te st only one of the individual components, unless the individual co mponents appear to have been repainted or refinished separately. (2) The information distribution requirements in R307-841-4 do not apply to emergency renovations, which are re novation activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of e quipment) that, if not immediately attended to, presents a safety o r public health hazard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emerg ency renovations. Emergency renovations other than inte rim controls are also exempt from the warning sign, containment, was te handling, training, and certification requirements in R307-84 1-5, R307-841-7, and R307-841-8 to the extent necessary to respond t o the emergency. Emergency renovations are not exempt from the clea ning requirements of R307-841-5(1)(e) which must be perf ormed by certified renovators or individuals trained in acco rdance with R307-841-8(2)(b), the cleaning verification require ments of R307- 841-5(2) which must be performed by certified renov ators, or the recordkeeping requirements of R307-841-6(2)(f) and (g). (3) The training requirements in R307-841-8 and t he work practice standards for renovation activities in R30 7-841-5 apply to all renovations covered by this rule, except for re novations in target housing for which the firm performing the re novation has obtained a statement signed by the owner that the r enovation will occur in the owner’s residence, no child under age 6 resides there, no pregnant woman resides there, the housing is not a childoccupied facility, and the owner acknowledges that the renovation firm will not be required to use the work practices contained in the Executive Secretary’s renovation, repair, and p ainting rule. For the purposes of this section, a child resides i n the primary residence of his or her custodial parents, legal gu ardians, or foster parents. A child also resides in the primar y residence of an informal caretaker if the child lives and sleeps most of the time at the caretaker’s residence.R307-841-4. Information distribution requirements.

(1) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any resid ential dwelling unit of target housing, the firm performing the ren ovation must: (a) Provide the owner of the unit with the pamphl et, and comply with one of the following: (i) Obtain, from the owner, a written acknowledge ment that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; and (b) If the owner does not occupy the dwelling uni t, provide an adult occupant of the unit with the pamphlet, an d comply with one of the following: (i) Obtain from the adult occupant a written ackn owledgement that the occupant has received the pamphlet, or cer tify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a writ ten acknowledgement from an adult occupant. Such certi fication must include the address of the unit undergoing renovati on, the date and method of delivery of the pamphlet, names of the pe rsons delivering the pamphlet, reason for lack of acknowledgement (e .g., occupant refuses to sign, no adult occupant available), the signature of the firm performing the renovation, and the date of sig nature; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation. (2) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing the renovation must: (a) Provide the owner with the pamphlet, and comp ly with one of the following: (i) Obtain, from the owner, a written acknowledge ment that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; (b) Comply with one of the following: (i) Notify in writing, or ensure written notifica tion of each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall b e accomplished by distributing written notice to each affected uni t. The notice shall describe the general nature and locations of the planned renovation activities, the expected starting and en ding dates, and a statement of how the occupant can obtain the pamp hlet at no charge from the firm performing the renovation; or (ii) While the renovation is ongoing, post inform ational signs describing the general nature and locations o f the renovation and the anticipated completion date. These signs m ust be posted in areas where they are likely to be seen by the occup ants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested oc cupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants; (c) Prepare, sign, and date a statement describin g the steps performed to notify all occupants of the intended r enovationactivities and to provide the pamphlet; and

(d) If the scope, locations, or expected starting and ending dates of the planned renovation activities change a fter the initial notification, the firm provided written initial not ification to each affected unit, the firm performing the renovat ion must provide further written notification to the owners and occu pants providing revised information on the ongoing or planned activ ities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice. (3) Renovations in child-occupied facilities. No more than 60 days before beginning renovation activities in a ny childoccupied facility, the firm performing the renovati on must: (a) Provide the owner of the building with the pa mphlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgm ent that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; (b) If the adult representative of the child-occu pied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following: (i) Obtain, from the adult representative, a writ ten acknowledgment that the adult representative has re ceived the pamphlet, or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the re novation has been unsuccessful in obtaining a written acknowledg ment from an adult representative. Such certification must inclu de the address of the child-occupied facility undergoing renovatio n, the date and method of delivery of the pamphlet, names of the pe rsons delivering the pamphlet, reason for lack of acknowledgment (e. g., representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature;

or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; (c) Provide the parents and guardians of children using the child-occupied facility with the pamphlet and infor mation describing the general nature and locations of the renovation and the anticipated completion date by complying with o ne of the following: (i) Mail or hand-deliver the pamphlet and the ren ovation information to each parent or guardian of a child u sing the childoccupied facility; or (ii) While the renovation is ongoing, post inform ational signs describing the general nature and locations o f the renovation and the anticipated completion date. These signs m ust be posted in areas where they can be seen by the parents or guar dians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a co py of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians; and(d) The renovation firm must prepare, sign, and d ate a

statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet. (4) Written acknowledgement. The written acknowl edgements required by paragraphs (1)(a)(i), (1)(b)(i), (2)(a) (i), (3)(a)(i), and (3)(b)(i) of this section must: (a) Include a statement recording the owner or oc cupant’s name and acknowledging receipt of the pamphlet prio r to the start of renovation, the address of the unit undergoing r enovation, the signature of the owner or occupant as applicable, a nd the date of signature; (b) Be either a separate sheet or part of any wri tten contract or service agreement for the renovation; a nd (c) Be written in the same language as the text o f the contract or agreement for the renovation or, in the case of nonowner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

R307-841-5. Work practice standards. (1) Standards for renovation activities. Renovat ions must be performed by firms certified under R307-841-7 using renovators certified under R307-841-8. The responsibilities o f certified firms are set forth in R307-841-7(4) and the respon sibilities of certified renovators are set forth in R307-841-8(2)

. (a) Occupant protection. Firms must post signs c learly defining the work area and warning occupants and ot her persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs mus t be posted before beginning the renovation, remain in place, and be readable until the renovation and the post-renovation cleani ng verification have been completed. If warning signs have been po sted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926 .62(m), additional signs are not required by this section. (b) Containing the work area. Before beginning t he renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or oth er impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves t he work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an eme rgency. (i) Interior renovations. The firm must: (A) Remove all objects from the work area, includ ing furniture, rugs, and window coverings, or cover the m with plastic sheeting or other impermeable material with all sea ms and edges taped or otherwise sealed; (B) Close and cover all duct openings in the work area with taped-down plastic sheeting or other impermeable ma terial; (C) Close windows and doors in the work area. Do ors must be covered with plastic sheeting or other impermeable material. Doorsused as an entrance to the work area must be covere d with plastic

sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and de bris to the work

area; (D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable ma terial in the work area 6 feet beyond the perimeter of surfaces u ndergoing renovation or a sufficient distance to contain the dust, whichever is greater; and (E) Use precautions to ensure that all personnel, tools, and other items, including the exterior of containers o f waste, are free of dust and debris before leaving the work are a. (ii) Exterior renovations. The firm must: (A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all do ors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the reno vation; (B) Ensure that doors within the work area that w ill be used while the job is being performed are covered with p lastic sheeting or other impermeable material in a manner that allo ws workers to pass through while confining dust and debris to the work area; (C) Cover the ground with plastic sheeting or oth er disposable impermeable material extending 10 feet b eyond the perimeter of surfaces undergoing renovation or a su fficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such g round covering;
and (D) The renovation firm must take extra precautio ns in containing the work area to ensure that dust and de bris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties. (c) Prohibited and restricted practices. The wor k practices listed below shall be prohibited or restricted duri ng a renovation
as follows: (i) Open-flame burning or torching of lead-based paint is prohibited; (ii) The use of machines that remove lead-based p aint through high speed operation such as sanding, grinding, pow er planning, needle gun, abrasive blasting, or sandblasting, is prohibited unless such machines are used with HEPA exhaust con trol; and (iii) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit. (d) Waste from renovations. (i) Waste from renovation activities must be cont ained to prevent releases of dust and debris before the wast e is removed from the work area for storage or disposal. If a c hute is used to remove waste from the work area, it must be covered

. (ii) At the conclusion of each work day and at th e conclusion of the renovation, waste that has been collected fr om renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debri s. (iii) When the firm transports waste from renovat ionactivities, the firm must contain the waste to prev ent release of

dust and debris. (e) Cleaning the work area. After the renovation has been completed, the firm must clean the work area until no dust, debris, or residue remains. (i) Interior and exterior renovations. The firm must: (A) Collect all paint chips and debris and, witho ut dispersing any of it, seal this material in a heavy -duty bag; and (B) Remove the protective sheeting. Mist the she eting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheet ing. Dispose of the sheeting as waste. (ii) Additional cleaning for interior renovations . The firm must clean all objects and surfaces in the work are a and within 2 feet of the work area in the following manner, clea ning from higher
to lower: (A) Walls. Clean walls starting at the ceiling a nd working down to the floor by either vacuuming with a HEPA v acuum or wiping with a damp cloth; (B) Remaining surfaces. Thoroughly vacuum all re maining surfaces and objects in the work area, including fu rniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs; and (C) Wipe all remaining surfaces and objects in th e work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping m ethod that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system. (2) Standards for post-renovation cleaning verifi cation. (a) Interiors. (i) A certified renovator must perform a visual i nspection to determine whether dust, debris, or residue is still present. If dust, debris, or residue is present, these conditio ns must be removed by re-cleaning and another visual inspectio n must be performed. (ii) After a successful visual inspection, a cert ified

renovator must: (A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure. (I) Wipe the windowsill with a wet disposable cle aning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately
cleaned. (II) If the cloth does not match and is darker th an the cleaning verification card, re-clean the windowsill as directed in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) of this section, then either use a new cloth or fold the used cloth in su ch a way that an unused surface is exposed, and wipe the surface aga in. If the cloth matches or is lighter than the cleaning verif ication card, that windowsill has been adequately cleaned. (III) If the cloth does not match and is darker t han the cleaning verification card, wait for 1 hour or unti l the surfacehas dried completely, whichever is longer. After w aiting for the

windowsill to dry, wipe the windowsill with a dry d isposable cleaning cloth. After this wipe, the windowsill has been adequately
cleaned. (B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using application device with a long handle and a h ead to which the cloth is attached. The cloth must remain damp at a ll times while it is being used to wipe the surface for post-renov ation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area mu st be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet d isposable cleaning cloth. (I) If the cloth used to wipe each section of the surface within the work area matches the cleaning verificat ion card, the surface has been adequately cleaned. (II) If the cloth used to wipe a particular surfa ce section does not match the cleaning verification card, re-c lean that section of the surface as directed in paragraphs (1 )(e)(ii)(B) and (1)(e)(ii)(C) of this section, then use a new wet d isposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned. (III) If the cloth used to wipe a particular surf ace section does not match the cleaning verification card after the surface has been re-cleaned, wait for 1 hour or until the entir e surface within the work area has dried completely, whichever is lo nger. After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achiev ed postrenovation cleaning verification with a dry disposa ble cleaning cloth. After this wipe, that section of the surfac e has been adequately cleaned. (iii) When the work area passes the post-renovati on cleaning verification, remove the warning signs. (b) Exteriors. A certified renovator must perfor m a visual inspection to determine whether dust, debris, or re sidue is still present on surfaces in and below the work area, inc luding windowsills and the ground. If dust, debris, or re sidue is present, these conditions must be eliminated and an other visual inspection must be performed. When the area passes the visual inspection, remove the warning signs. (3) Optional dust clearance testing. Cleaning ve rification need not be performed if the contract between the r enovation firm and the person contracting for the renovation or an other Federal, State, Territorial, Tribal, or local law or regulat ion requires: (a) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this rule

. (b) The dust clearance samples are required to be collected by a certified inspector, risk assessor, or dust sa mpling technician. (c) The renovation firm is required to re-clean t he work area until the dust clearance sample results are below t he clearance standards in R307-842-3(5)(h).(4) Activities conducted after post-renovation cl eaning

verification. Activities that do not disturb paint , such as applying paint to walls that have already been prep ared, are not regulated by this rule if they are conducted after post-renovation cleaning verification has been performed.

R307-841-6. Recordkeeping and reporting requiremen ts. (1) Firms performing renovations must retain and, if requested, make available to the Executive Secretar y all records necessary to demonstrate compliance with this rule for a period of 3 years following completion of the renovation. Th is 3-year retention requirement does not supersede longer obl igations required by other provisions for retaining the same documentation. (2) Records that must be retained pursuant to par agraph (1), of this section, shall include (where applicable): (a) Reports certifying that a determination had b een made by an inspector (certified pursuant to R307-842) that lead-based paint is not present on the components affected by the re novation, as described in R307-841-3(1)(a). (b) Signed and dated acknowledgements of receipt as described in R307-841-4(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a )(i), and (3)(b)(i). (c) Certifications of attempted delivery as descr ibed in R307-841-4(1)(b)(i) and (3)(b)(i). (d) Certificates of mailing as described in R307- 841- 4(1)(a)(ii), (1)(b)(ii), (2)(a)(ii), (3)(a)(ii), an d (3)(b)(ii). (e) Records of notification activities performed regarding common area renovations, as described in R307-841-4 (2)(c) and (2)(d), and renovations in child-occupied facilitie s, as described in R307-841-4(3)(c). (f) Any signed and dated statements received fromowneroccupants documenting that the requirements of R307 -841-5 do not apply. These statements must include a declaration that the renovation will occur in the owner’s residence, a d eclaration that no children under age 6 reside there, a declaration that no pregnant woman resides there, a declaration that th e housing is not a child-occupied facility, the address of the unit undergoing renovation, the owner’s name, an acknowledgment by the owner that the work practices to be used during the renovation will not necessarily include all of the lead-safe work pract ices contained in the Executive Secretary’s renovation, repair, an d painting rule, the signature of the owner, and the date of signatu re. These statements must be written in the same language as the text of the renovation contract, if any. (g) Documentation of compliance with the requirem ents of R307-841-5, including documentation that a certifie d renovator was assigned to the project, that the certified renovat or provided onthe-job training for workers used on the project, t hat the certified renovator performed or directed workers w ho performed all of the tasks described in R307-841-5(1), and that t he certified renovator performed the post-renovation cleaning ve rification described in R307-841-5(2). If the renovation firm was unable to comply with all of the requirements of this rule du e to an emergency as defined in R307-841-3, the firm must d ocument thenature of the emergency and the provisions of the r ule that were

not followed. This documentation must include a co py of their current Utah Lead-Based Paint Renovator certificati on card, and a certification by the certified renovator assigned t o the project
that: (i) Training was provided to workers (topics must be identified for each worker). (ii) Warning signs were posted at the entrances t o the work

area. (iii) If test kits were used, that the specified brand of kits was used at the specified locations and that t he results were as specified. (iv) The work area was contained by: (A) Removing or covering all objects in the work area (interiors); (B) Closing and covering all HVAC ducts in the wo rk area (interiors); (C) Closing all windows in the work area (interio rs) or closing all windows in and within 20 feet of the wo rk area (exteriors); (D) Closing and sealing all doors in the work are a (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors); (E) Covering doors in the work area that were bei ng used to allow passage but prevent spread of dust; (F) Covering the floor surface, including install ed carpet, with taped-down plastic sheeting or other impermeab le material in the work area 6 feet beyond the perimeter of surfac es undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored t o the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect fall ing paint debris, whichever is greater, unless the property l ine prevents 10 feet of such ground covering, weighted down by heav y objects (exteriors); and (G) Installing (if necessary) vertical containmen t to prevent migration of dust and debris to adjacent property ( exteriors). (v) Waste was contained on-site and while being t ransported off-site. (vi) The work area was properly cleaned after the renovation by: (A) Picking up all chips and debris, misting prot ective sheeting, folding it dirty side inward, and taping it for removal;
and (B) Cleaning the work area surfaces and objects u sing a HEPA vacuum and/or wet cloths or mops (interiors). (vii) The certified renovator performed the post- renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry clot hs used). (3) When test kits are used, the renovation firm must, within 30 days of the completion of the renovation, provid e identifying information as to the manufacturer and model of the test kits used, a description of the components that were tested in cluding theirlocations, and the test kit results to the person w ho contracted

for the renovation. (4) If dust clearance sampling is performed in li eu of cleaning verification as permitted by R307-841-5(3) , the renovation firm must provide, within 30 days of the completion of the renovation, a copy of the dust sampling report to t he person who contracted for the renovation.

R307-841-7. Firm certification. (1) Initial certification. (a) Firms that perform renovations for compensati on must apply to the Executive Secretary for certification to perform renovations or dust sampling. To apply, a firm mus t submit to the Executive Secretary a completed "Lead-Based Paint C ertification Application for Firms" signed by an authorized agen t of the firm and pay the correct amount of fees. (b) After the Executive Secretary receives a firm ’s application, the Executive Secretary will take one of the following actions within 90 days of the date the application is received: (i) The Executive Secretary will approve a firm’s application if the Executive Secretary determines that it is co mplete and that the environmental compliance history of the firm, i ts principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. An application is complete if it contains all of the i nformation requested on the form and includes at least the cor rect amount of fees. When the Executive Secretary approves a firm’ s application, the Executive Secretary will issue the firm a certi ficate with an expiration date not more than 5 years from the date the application is approved; (ii) The Executive Secretary will request a firm to supplement its application if the Executive Secreta ry determines that the application is incomplete. If the Executi ve Secretary requests a firm to supplement its application, the firm must submit the requested information or pay the additional fee s within 30 days of the date of the request; and (iii) The Executive Secretary will not approve a firm’s application if the firm does not supplement its app lication in accordance with paragraph (1)(b)(ii) of this sectio n or if the Executive Secretary determines that the environment al compliance history of the firm, its principals, or its key emp loyees demonstrates an unwillingness or inability to maint ain compliance with environmental statutes or regulations. The Ex ecutive Secretary will send the firm a letter giving the re ason for not approving the application. The Executive Secretary will not refund the application fees. A firm may reapply for certi fication at any time by filing a new, complete application that inc ludes the
correct amount of fees. (2) Re-certification. To maintain its certificat ion, a firm must be re-certified by the Executive Secretary. (a) Timely and complete application. To be re-ce rtified, a firm must submit a complete application for re-cert ification. A complete application for re-certification includes a completed "Lead-Based Paint Certification Application for Fir ms" whichcontains all of the information requested by the fo rm and is signed

by an authorized agent of the firm, noting on the f orm that it is submitted as a re-certification. A complete applic ation must also include the correct amount of fees. (i) An application for re-certification is timely if it is postmarked 90 days or more before the date the firm ’s current certification expires. If the firm’s application i s complete and timely, the firm’s current certification will remai n in effect until its expiration date or until the Executive Se cretary has made a final decision to approve or disapprove the re-ce rtification application, whichever is later. (ii) If the firm submits a complete re-certificat ion application less than 90 days before its current ce rtification expires, and the Executive Secretary does not appro ve the application before the expiration date, the firm’s current certification will expire and the firm will not be able to conduct renovations until the Executive Secretary approves its recertification application. (iii) If the firm fails to obtain recertification before the firm’s current certification expires, the firm must not perform renovations or dust sampling until it is certified anew pursuant to paragraph (1), of this section. (b) Executive Secretary action on an application. After the Executive Secretary receives a firm’s application f or recertification, the Executive Secretary will review the application and take one of the following actions within 90 day s of receipt: (i) The Executive Secretary will approve a firm’s application if the Executive Secretary determines that it is ti mely and complete and that the environmental compliance hist ory of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmen tal statutes or regulations. When the Executive Secretary approves a firm’s application for re-certification, the Executive Sec retary will issue the firm a new certificate with an expiration date not more than 5 years from the date that the firm’s current certification expires. (ii) The Executive Secretary will request a firm to supplement its application if the Executive Secreta ry determines that the application is incomplete. (iii) The Executive Secretary will not approve a firm’s application if it is not received or is not complet e as of the date that the firm’s current certification expires, or i f the Executive Secretary determines that the environmental complia nce history of the firm, its principals, or its key employees demo nstrates an unwillingness or inability to maintain compliance w ith environmental statutes or regulations. The Executi ve Secretary will send the firm a letter giving the reason for n ot approving the application. The Executive Secretary will not refu nd the application fees. A firm may reapply for certifica tion at any time by filing a new application and paying the correct amount of fees. (3) Amendment of certification. A firm must amen d its certification within 90 days of the date a change o ccurs to information included in the firm’s most recent appl ication. If the firm fails to amend its certification within 90 day s of the datethe change occurs, the firm may not perform renovat ions or dust

sampling until its certification is amended. (a) To amend a certification, a firm must submit a completed "Lead-Based Paint Certification Application for Fir ms," signed by an authorized agent of the firm, noting on the form that it is submitted as an amendment and indicating the inform ation that has changed. The firm must also pay at least the corre ct amount of
fees. (b) If additional information is needed to proces s the amendment, or the firm did not pay the correct amou nt of fees, the Executive Secretary will request the firm to submit the necessary information or fees. The firm’s certification is n ot amended until the firm complies with the request. (c) Amending a certification does not affect the certification expiration date. (4) Firm responsibilities. Firms performing renov ations must
ensure that: (a) All individuals performing renovation activit ies on behalf of the firm are either certified renovators or have been trained by a certified renovator in accordance with R307-841-8; (b) A certified renovator is assigned to each ren ovation performed by the firm and discharges all of the cer tified renovator responsibilities identified in R307-841-8; (c) All renovations performed by the firm are per formed in accordance with the work practice standards in R307 -841-5; (d) The pre-renovation education requirements of R307-841-4 have been performed; and (e) The recordkeeping requirements of R307-841-6 are met.

R307-841-8. Renovator certification and dust sampl ing technician certification. (1) Renovator certification and dust sampling tec hnician certification. (a) To become a certified renovator or certified dust sampling technician, an individual must successfull y complete the appropriate course accredited by the Executive Secr etary under
R307-842-1. (b) Individuals who have successfully completed a n accredited abatement worker or supervisor course, or individua ls who have successfully completed an Executive Secretary, EPA, HUD, or EPA/HUD model renovation training course may take an accred ited refresher renovator training course in lieu of the initial re novator training course to become a certified renovator. (c) Individuals who have successfully completed a n accredited lead-based paint inspector or risk assessor course may take an accredited refresher dust sampling technician cours e in lieu of the initial training to become a certified dust samplin g technician. (d) To maintain renovator certification or dust s ampling technician certification, an individual must comple te a renovator or dust sampling technician refresher course accred ited by the Executive Secretary under R307-842-1 within 5 years of the date the individual completed the initial course described i n paragraph (1)(a) of this section. If the individual does not complete a refresher course within this time, the individual m ust re-take theinitial course to become certified again.

(2) Renovator responsibilities. Certified renova tors are responsible for ensuring compliance with R307-841-5 at all renovations to which they are assigned. A certified renovator: (a) Must perform all of the tasks described in R3 07-841-5(2) and must either perform or direct workers who perfo rm all of the tasks described in R307-841-5(1); (b) Must provide training to workers on the work practices they will be using in performing their assigned tas ks; (c) Must be physically present at the work site w hen the signs required by R307-841-5(1)(a) are posted, whil e the work area containment required by R307-841-5(1)(b) is being e stablished, and while the work area cleaning required by R307-841-5 (1)(e) is performed; (d) Must regularly direct work being performed by other individuals to ensure that the work practices are b eing followed, including maintaining the integrity of the containm ent barriers and ensuring that dust or debris does not spread beyond the work area; (e) Must be available, either on-site or by telep hone, at all times that renovations are being conducted; (f) When requested by the party contracting for r enovation services, must use an acceptable test kit to determ ine whether components to be affected by the renovation contain lead-based paint; (g) Must have with them at the work site their cu rrent Utah Lead-Based Paint Renovator certification card; and (h) Must prepare the records required by R307-841 -6(2)(g). (3) Dust sampling technician responsibilities. Wh en performing optional dust clearance sampling under R 307-841-5(3), a certified dust sampling technician: (a) Must collect dust samples in accordance with R307-842- 3(5)(h)(i) through (v), must send the collected sam ples to a laboratory recognized by EPA under Section 405(b) o f TSCA, and must compare the results to the clearance levels in acco rdance with R307-842-3(5)(h); and (b) Must have with them at the work site their cu rrent Utah Lead-Based Paint Dust Sampling Technician certifica tion card.

R307-841-9. Suspending, revoking, or modifying an individual’s or firm’s certification. (1) Grounds for suspending, revoking, or modifyin g an individual’s certification. The Executive Secretar y may suspend, revoke, or modify an individual’s certification if the individual fails to comply with State lead-based paint adminis trative rules. The Executive Secretary may also suspend, revoke, o r modify a certified renovator’s certification if the renovato r fails to ensure that all assigned renovations comply with R3 07-841-5. In addition to an administrative or judicial finding o f violation, execution of a consent agreement in settlement of a n enforcement action constitutes, for purposes of this section, e vidence of a failure to comply with relevant statutes or regulat ions. (2) Grounds for suspending, revoking, or modifyin g a firm’s certification. The Executive Secretary may suspend , revoke, or modify a firm’s certification if the firm:(a) Submits false or misleading information to th e Executive

Secretary in its application for certification or r e-certification, (b) Fails to maintain or falsifies records requir ed in R307- 841-6, or (c) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with State l ead-based paint administrative rules. In addition to an administra tive or judicial finding of violation, execution of a consent agreem ent in settlement of an enforcement action constitutes, fo r purposes of this section, evidence of a failure to comply with relevant statutes or regulations.

KEY: paint, lead-based paint, lead-based paint ren ovation Date of Enactment or Last Substantive Amendment: 2 010 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(i)R307. Environmental Quality, Air Quality.

R307-842. Lead-Based Paint Activities. R307-842-1. Accreditation of training programs: ta rget housing and child-occupied facilities. (1) Scope. (a) A training program may seek accreditation to offer courses in any of the following disciplines: inspec tor, risk assessor, supervisor, project designer, abatement w orker, renovator, and dust sampling technician. A trainin g program may also seek accreditation to offer refresher courses for each of the above listed disciplines. (b) Training programs may apply to the Executive Secretary for accreditation of their lead-based paint activit ies 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 re fresher courses 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, offe r, or claim to provide Executive Secretary-accredited renovator or dust sampling technician courses without applying for and receivi ng accreditation from the Executive Secretary as required under para graph (2) of this section. (2) Accreditation process. The following are pro cedures a training program must follow to receive Executive S ecretary accreditation to offer lead-based paint activities courses, renovator courses, or dust sampling technician cour ses: (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) The appropriate fees in accordance with the current Department of Environmental Quality Fee Schedule; (iii) A list of courses for which it is applying for accreditation. For the purposes of this section, c ourses taught in different languages are considered different course s, and each must independently meet the accreditation requirements; (iv) A description of the facilities and equipmen t to be used for lecture and hands-on training; (v) A copy of the course test blueprint for each course; (vi) A description of the activities and procedur es that will be used for conducting the assessment of hands-on s kills for each
course; and (vii) A copy of the quality control plan as descr ibed in paragraph (3)(j) of this section; and (viii) A statement signed by the training program manager certifying that the training program meets the requ irements established in paragraph (3) of this section. If a training program uses EPA-recommended model training materials, the training program manager shall include a statement certifying that, as well; or(ix) If a training program does not use EPA-recom mended 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 language other than English, a signed statement from a quali fied, independent translator that they had compared the c ourse to the English language version and found the translation to be accurate; (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 applic ant. Prior to disapproval, the Executive Secretary may, at its di scretion, work with the applicant to address inadequacies in the a pplication for accreditation. The Executive Secretary may also re quest additional materials retained by the training program under pa ragraph (8) of this section. If a training program's application is disapproved, the program may reapply for accreditation at any ti me; and (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; (3) Requirements for the accreditation of trainin g programs. For a training program to obtain accreditation fro m 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 demonstrated experience, education, or training in the construction industry including: lead or asbestos a batement, painting, carpentry, renovation, remodeling, occupa tional safety and health, or industrial hygiene in addition to on e of the following: (i) At least 2 years of experience, education, or training in teaching workers or adults; (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; (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; (ii) Successfully completed at least 16 hours of any Executive Secretary-accredited, EPA-accredited, or EPA-authorized State or Tribal-accredited lead-specific training; 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 and oversight of the tea ching of all course material. The training manager may designat e guest instructors as needed to provide instruction specif ic to the lecture, hands-on activities, or work practice comp onents of a

course; (d) The following documents shall be recognized b y the Executive Secretary as evidence that training manag ers and principal instructors have the education, work expe rience, training requirements or demonstrated experience, specifical ly listed in paragraphs (3)(a) and (3)(b) of this section: (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 leadspecific training courses, as evidence of meeting t he training requirements; (e) The documentation in (d) need not be submitte d with the accreditation application, but, if not submitted, s hall be retained by the training program as required by the recordke eping requirements contained in paragraph (8) of this sec tion. (f) The training program shall ensure the availab ility of, and provide adequate facilities for, the delivery o f the lecture, course test, hands-on training, and assessment acti vities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities
as needed; (g) To become accredited in the following discipl ines, the training program shall provide training courses tha t meet the following training hour 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 minimu m of 16 training hours, with a minimum of 4 hours devoted t o hands-on training activities. The minimum curriculum requir ements for the risk assessor course are contained in paragraph (4) (b) of this section; (iii) The supervisor course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted t o hands-on 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) of 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-ontraining activities. The minimum curriculum requir ements for 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. Hands-on training activities must cover renovation methods t hat minimize the creation of dust and lead-based paint hazards, inte rior and exterior containment and cleanup methods, and post- renovation cleaning verification; 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. Hands-on training activities must cover dust sampling methodologies; (h) For each course offered, the training program shall conduct either a course test at the completion of t he course, and if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline. Each indiv idual must successfully complete the hands-on skills assessmen t and receive a passing 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 pro cedures associated with the course topics contained in para graph (4) of this section; (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 re tention 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; (i) 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, and address 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, abatement worker, renovator, or dust sa mpling technician course completion certificates, the expi ration date of interim certification, which is 6 months from the d ate 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 coursecompletion certificates, a photograph of the indivi dual;

(j) The training manager shall develop and implem ent a quality control plan. The plan shall be used to ma intain and improve the quality of the training program over ti me. This plan shall contain at least the following elements: (i) Procedures for periodic revision of training materials and the course test to reflect innovations in the f ield; and (ii) Procedures for the training manager's annual review of principal instructor competency; (k) 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 are responsible for conducting; (l) The training manager shall be responsible for ensuring that the training program complies at all times wit h all of the requirements in this section; (m) The training manager shall allow the Executiv e Secretary or the Executive Secretary’s authorized representat ive to audit the training program to verify the contents of the appl ication for accreditation as described in paragraph (2) of this section; (n) The training manager must provide notificatio n of renovator, dust sampling technician, or lead-based paint activities
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 renova tor, 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 a date other than the start date specified in the ori ginal notification, as follows: (A) For renovator, dust sampling technician, or l ead-based paint activities courses beginning prior to the sta rt date provided to the Executive Secretary, an updated notification must be received by the Executive Secretary at least 7 busi ness 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 provided to the Executive Secretary, an updated notification mu st be 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, d ust sampling technician, or lead-based paint activities courses at least 7 business days prior to the start date provided to t he Executive Secretary; (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 received by the Executive Secretary at least 2 business days pr ior to the startdate 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 electr onically using the Utah Division of Air Quality electronic notific ation system. Written notification of renovator, dust sampling te chnician, or lead-based paint activities course schedules can be accomplished by using either the sample form titled “Renovator, Dus t Sampling Technician, or Lead-Based Paint Activities Training Course Notification Form” or a similar form containing the information required in paragraph (3)(n)(v) of this section. A ll written notifications must be delivered by United States Po stal Service, fax, commercial delivery service, or hand delivery on or before the applicable date. Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based Pa int Program web site; (vii) Lead-based paint activities courses must no t begin on a date, or at a location other than that specified in the original notification unless an updated notification identif ying a new start date or location is submitted, in which case the co urse must begin on the new start 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. (o) 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 late r than 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 only,

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 any of the following methods: Written notification, or electr onically using the Utah Division of Air Quality electronic notific ation system. Written notification following training courses can be accomplished by using either the sample form titled “Renovator, Dust Sampling Technician, or Lead-Based Paint Activities Training Course Notification Form” or a similar form containing the information required in paragraph (3)(o)(ii) of this section. All written notifications must be delivered by United States Po stal Service, fax, commercial delivery service, or hand delivery on or before the applicable date. Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based Pa int Program web site. (4) Minimum training curriculum requirements. To become accredited to offer lead-based paint course instruc tion in the specific disciplines listed below, training program s must ensure that their courses of study include, at a minimum, the following course topics. (a) Inspector. (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. (ix) Items (iv) through (viii) require hands-on a ctivities as an integral component of the course. (b) Risk assessor. (i) Role and responsibilities of a risk assessor. (ii) Collection of background information to perf orm a risk

assessment. (iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging , and food. (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 State or Federal guidance or regulations pertaining to lead-based pa int hazards. (viii) Development of hazard control options, the role of interim controls, and operations and maintenance ac tivities toreduce lead-based paint hazards.

(ix) Preparation of a final risk assessment repor t. (x) Items (iv), (vi), and (vii) require hands-on activities as an integral component of the course. (c) Supervisor. (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-based paint
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. (xiv) Items (v), and (vii) through (x) require ha nds-on activities as an integral component of the course. (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. (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-based paint
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. (viii) Items (iv) through (vii) require hands-on activities as an integral component of the course. (f) Renovator. (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) Renovation methods to minimize the creation o f dust and lead-based paint hazards. (vi) Interior and exterior containment and cleanu p methods. (vii) Methods to ensure that the renovation has b een properly completed, including cleaning verification, and cle arance testing. (viii) Waste handling and disposal. (ix) Providing on-the-job training to other worke rs. (x) Record preparation. (g) Dust sampling technician. (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 disciplines: inspector, risk assessor, supervisor, project desig ner, abatement worker, renovator, and dust sampling technician. T o obtain Executive Secretary accreditation to offer refreshe r training, a training program must meet the following minimum re quirements: (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 ac credited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following: (i) An overview of current safety practices relat ing to leadbased paint in general, as well as specific informa tion pertaining to the appropriate discipline; (ii) Current laws and regulations relating to lea d-based paint in general, as well as specific information p ertaining to the appropriate discipline; and (iii) Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline; (b) Refresher courses for inspector, risk assesso r, supervisor, and abatement worker must last a minimu m of 8 traininghours. Refresher courses for project designer, ren ovator, and dust

sampling technician must last a minimum of 4 traini ng hours; (c) For each course offered, the training program shall conduct a hands-on assessment (if applicable), 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 accreditation of the corresponding training course as described in paragraph (2) of this section. If so, the Executiv e Secretary shall use the approval procedure described in parag raph (2) of this section. In addition, the minimum requirements con tained in paragraphs (3) (except for the requirements in para graph (3)(g)), and (5)(a), (5)(b), and (5)(c) of this section shal l also apply;
and (e) A training program seeking accreditation to o ffer refresher training courses only shall submit a writ ten application to the Executive Secretary containing the following information: (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) A statement signed by the training program manager certifying that the refresher training program meet s the minimum requirements established in paragraph (3) of this s ection, except for the requirements in paragraph (3)(g) of this se ction. If a training program uses EPA-developed model training materials, the training manager shall include a statement certifyi ng that, as
well; (iv) 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; (v) All refresher 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 (if applicable); and (D) A copy of the quality control plan as describ ed in paragraph (3)(j) of this section; (vi) The requirements in paragraphs (3)(a) throug h (3)(f), and (3)(h) through (3)(o) of this section apply to refresher training providers; and (vii) If a refresher training program meets the r equirements listed in this paragraph, then the Executive Secret ary shall approve the application for accreditation no more t han 180 days after receiving a complete application from the ref resher training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of dis approval, a letter describing the reasons for disapproval shall be sent to theapplicant. Prior to disapproval, the Executive Sec retary may, at

its discretion, work with the applicant to address inadequacies in the application for accreditation. The Executive S ecretary may also request additional materials retained by the r efresher training program under paragraph (8) of this sectio n. If a refresher training program’s application is disappr oved, the program may 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 expire 4 years after the date of issuance. If a training program m eets the requirements of this section, the training program shall be reaccredited. (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 pro gram does not submit its application for re-accreditation by that date, the Executive Secretary cannot guarantee that the progr am will be reaccredited before the end of the accreditation peri od. (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 reaccreditation; (iii) A description of any changes to the trainin g facility, equipment or course materials since its last applic ation was approved that adversely affects the students abilit y to learn; (iv) 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 (v) A payment of appropriate fees in accordance w ith 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 au thorized representative to audit the training program to ver ify the contents of the application for re-accreditation as describe d in paragraph (6)(c) of this section. (7) Suspension, revocation, and modification of a ccredited training programs. (a) The Executive Secretary may, after notice and an opportunity for hearing, suspend, revoke, or modify training program accreditation (including refresher training accreditation) if a training program, training manager, or other p erson with 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, instructorqualifications, 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 leadbased 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 the application. (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 statu tes or regulations. (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 paragraphs (3)(a) and (3)(b) of this section of the training m anager and principal instructors; (ii) Current curriculum/course materials and docu ments 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)(j) 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; and (vii) Any other material not listed above in para graphs (8)(a)(i) through (8)(a)(vi) of this section that w as submitted to the Executive Secretary as part of the program’s ap plication for accreditation. (b) The training program shall retain these recor ds at the address specified on the training program accredita tion application (or as modified in accordance with paragraph (8)(c) of this section for a minimum of 3 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.

R307-842-2. Certification of individuals and firms engaged in lead-based paint activities: target housing and chi ld-occupied facilities. (1) Certification of individuals.(a) Individuals seeking certification by the Execu tive

Secretary to engage in lead-based paint activities must either: (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. (b) Following the submission of an application de monstrating that all the requirements of this section have been met, the Executive Secretary shall certify an applicant as a n inspector, risk assessor, supervisor, project designer, or aba tement 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 appropriate lead-based paint activities as established in R307- 842-2. (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 R307-842-2 if that individual has not been certified by the Executive Secretary pursuant to this section to 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. The individual certification fee for a Lead-Based Paint Renovator shall be $150. 00 per year. The individual certification fee for a Lead-Based P aint Dust Sampling Technician shall be $100.00 per year. (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 in the 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. Risk assessors must have suc cessful completion of an accredited training course for ins pectors in addition to one of the following: (I) Bachelor’s degree and 1 year of experience in 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); (II) Certification as an industrial hygienist, pr ofessional engineer, registered architect and/or certification in a related engineering/health/environmental field (e.g., safet y professional, environmental scientist); or(III) A high school diploma (or equivalent), and at least 3

years of experience in a related field (e.g., lead, asbestos, environmental remediation work or construction); an d (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 requ irements listed 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 accredite d training programs, as evidence of meeting the training requi rements. (c) In order to take the certification examinatio n for a particular discipline an individual must: (i) Successfully complete an accredited course in the 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 secti on. (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 in terim certification 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 cou rse completion 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 in the appropriate discipline and receive a course complet ion certificate from an accredited training program; and (ii) Meet or exceed the following additional expe rienceand/or education requirements:

(A) Abatement workers. No additional experience a nd/or education requirements; and (B) Project designers. (I) Successful completion of an accredited trainin g course for supervisors; (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 requ irements listed 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 accredite d training programs, as evidence of meeting the training requi rements. (c) The course completion certificate shall serve as an interim certification until certification from the Executive Secretary is received, but shall be valid for no mo re than 6 months 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 app ropriate refresher course completion certificate. (c) Individuals applying for recertification must submit the appropriate fees in accordance with the current Dep artment of Environmental Quality Fee Schedule. The individual re-certification fee for a Lead-Based Paint Renovator shall be $150. 00 per year. The individual re-certification fee for a Lead-Base d Paint Dust Sampling Technician shall be $100.00 per year. (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 R307-842-3shall be certified by the Executive Secretary.

(b) A firm seeking certification shall submit to the Executive Secretary a letter attesting that the fir m shall only employ appropriately certified employees to conduct lead-based paint activities, and that the firm and its employe es shall follow the work practice standards in R307-842-3 for condu cting lead-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 certif ication. Within that time, the Executive Secretary shall respond wi th either a certificate of approval or a letter describing the reasons for disapproval. (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 activit ies pursuant to this section. (f) Firms applying for certification must submit the appropriate fees in accordance with the current Dep artment of Environmental Quality Fee Schedule. The firm certi fication fee for a Lead-Based Paint Renovator Firm and/or Dust Sampl ing Technician Firm shall be $200.00 per year. (g) To maintain certification a firm shall submit appropriate fees in accordance with the current Department of E nvironmental Quality Fee Schedule. The firm re-certification fe e for a LeadBased Paint Renovator Firm and/or Dust Sampling Tec hnician Firm shall be $200.00 per year. (6) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities. (a) The Executive Secretary may, after notice and opportunity 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 leadbased 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 a ction constitutes evidence of a failure to comply with re levant statutesor regulations.

(7) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities. (a) The Executive Secretary may, after notice and opportunity for hearing, suspend, revoke, or modify a firm’s ce rtification if a 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 a ction constitutes evidence of a failure to comply with re levant statutes or regulations.

R307-842-3. Work practice standards for conducting lead-based paint activities: target housing and child-occupied facil ities. (1) Effective date, applicability, and terms. (a) All lead-based paint activities shall be perf ormed pursuant to the work practice standards contained i n this section. (b) When performing any lead-based paint activity described 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 Residenti al Sampling for Lead: Protocols for Dust and Soil Sampling (EPA rep ort number 7474- R-95-001), and other equivalent methods and guideli nes. (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 inspecto r or risk assessor and, if conducted, must be conducted accor ding to the procedures in this paragraph. (b) When conducting an inspection, the following locations shall be selected according to documented methodolo gies and 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 each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector orrisk assessor determines to have been replaced afte r 1978, or to

not contain lead-based paint; and (ii) In a multi-family dwelling or child-occupied facility, 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 contain lead-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 deter mine if they contain detectable levels of lead that can be quant ified numerically. (d) The certified inspector or risk assessor shal l prepare an inspection report which shall include the following information: (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-occupi ed facility; (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 applicable; (viii) Each testing method and device and/or samp ling procedure employed for paint analysis, including qu ality control data and, if used, the serial number of any x-ray f luorescence (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 residen tial dwelling 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 docu mented 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 oth er from thewindows, in rooms, hallways, or stairwells where on e or more

children, age 6 and under, are most likely to come in contact with
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 contact 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 analyzed according to paragraph (6) of this section to determine if th ey contain detectable levels of lead that can be quantified nu merically. (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 deter mine if they contain detectable levels of lead that can be quant ified numerically. (e) The risk assessor shall prepare a lead hazard screen report, which shall include the following informati on: (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 paragr aph (3)(b)(i) of this section shall be included in the risk assessme nt 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 sha ll be undertaken to locate the existence of deteriorated paint, asse ss the extent and causes of the deterioration, and other potentia l lead-based 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 visiblydeteriorated paint; and

(ii) All other surfaces with visibly deteriorated paint. (e) In residential dwellings, dust samples (eithe r composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead conc entration 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-occupied facilities, 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 under, 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 concentrat ion in each room, hallway, or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-o ccupied facility where one or more children, age 6 and under, are li kely 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; and (ii) The rest of the yard (i.e., non-play areas) where bare soil is 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 section to 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 information: (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 appl icable; (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 forthe presence of lead;

(xii) All data collected from on-site testing, in cluding quality control data and, if used, the serial numbe r of any XRF 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 leadbased paint hazard determination, the results of an y previous inspections or analyses for the presence of lead-ba sed paint, or other assessments of lead-based paint-related hazar ds; (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 hazard and 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 pr eparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be onsite or available by telephon e, pager or answering service, and able to be present at the wo rk 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 p rior to conducting lead-based paint abatement activities. The original notification must be received by the Executive Secr etary at least 5 business days before the start date of any lead-bas ed paint abatement 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 Secretary as early as possible before, but must be received no l ater than the start date of the lead-based paint abatement activi ties. Should the start date and/or location provided to the Exec utive Secretary change, an updated notification must be received by the Executive Secretary on or before the start date provided to t he ExecutiveSecretary. Documentation showing evidence of an EB L determination

or a copy of the Federal/State/Tribal/local emergen cy abatement order must be included in the written notification to take advantage of this abbreviated notification period; (iii) Except as provided in paragraph (5)(d)(ii) of this section, updated notification must be provided to t he Executive Secretary for lead-based paint abatement activities that will begin on a date other than the start date specified in th e original notification, as follows: (A) For lead-based paint abatement activities beg inning prior to the start date provided to the Executive Secreta ry an updated notification 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 Sec retary; (iv) Except as provided in paragraph (5)(d)(ii) o f this section, updated notification must be provided to t he Executive Secretary for any change in location of lead-based paint abatement activities at least 5 business days prior to the st art date provided 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 b e abated changes by more than 20%. This updated notification must b e received by the Executive Secretary on or before the start date provided to the 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, multifamily dwelling, and/or child-occupied facilities) on/in which 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 any of the following methods: Written notification, or electro nically using the Utah Division of Air Quality electronic notific ation system. Written notification can be accomplished using eith er the sample form titled “Lead-Based Paint Abatement Project Not ification” or similar form containing the information required in paragraph (5)(d)(vi) of this section. All written notificati ons must be delivered by United States Postal Service, fax, com mercial delivery service, or hand delivery on or before the applicab le date. Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based Paint Program we b 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 and be developed prior to the abatement. The occupant protection pla n shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants fro m exposure 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 cont rol which 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 pract icable, 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 sti ll present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be el iminated prior to the continuation of 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 ade quate quality control procedures; (iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post-ab atement 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 e ach of no less than four rooms, hallways, or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are less th an 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 contain ment, two dust samples shall be taken from each of no less th an four rooms, hallways, or stairwells in the residential dwelling or childoccupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway, or stairwell selected. If there are less than four ro oms, hallways, or stairwells within the residential dwelling or ch ild-occupied facility, then all rooms, hallways, or stairwells s hall be sampled;
and (C) Following an exterior paint abatement, a visi ble inspection shall be conducted. All horizontal surf aces in the outdoor living area closest to the abated surface s hall be found to be cleaned of visible dust and debris. In addition , a visual inspection shall be conducted to determine the pres ence of paint chips on the dripline or next to the foundation bel ow any exterior surface abated. If paint chips are present, they m ust be removed from the site and properly disposed of, according t o all applicableFederal, State, 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 floors, interior window sills, and window troughs or from e ach composite dust sample with the applicable clearance levels fo r lead in dust on floors, interior window sills, and window trough s divided by half the number of subsamples in the composite samp le. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the re sidual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsa mples in the composite sample, the components represented by the failed sample
shall be recleaned and retested; and (viii) The clearance levels for lead in dust are 40 ug/ft2 for floors, 250 ug/ft2 for interior window sills, a nd 400 ug/ft2 for 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 will be selected for the random sample; (ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sa mpled population exceed the appropriate 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. The abatement repo rt shall include 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 sampling and the date of clearance testing; (v) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized lab oratory that conducted the analyses; and (vi) A detailed written description of the abatem ent, including abatement methods used, locations of room s and/or components where abatement occurred, reason for sel ecting particular abatement methods for each component, an d 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 only be conducted in the situations specified in pa ragraphs (3) through (5) of this section. If such sampling is c onducted, 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 s ill or floor) are equal to or greater than the dust hazard levels identified in 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 facility or on the exterior of any residential building or child-occup ied facility. (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/ft2 for floors a nd 250 ug/ft2 for 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 sill s, respectively, in at least one sampled residential unit on the pro perty; and (iii) On floors or interior window sills in an un sampled common area in a multi-family dwelling, if a dust-l ead hazard ispresent on floors or interior window sills, respect ively, in at

least one sampled common area in the same common ar ea group on 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 composite samples) of bare soil from the rest of th e yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million. (9) Recordkeeping. All reports or plans required in this section shall be maintained by the certified firm o r individual who prepared the report for no fewer than 3 years. The certified firm or individual also shall provide copies of these re ports to the building owner who contracted for its services.

R307-842-4. Lead-based paint activities requirement s. 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-based paint 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 Applicable certification, occupant protection, and clearance requirements and work practice standards are found in R307-842 and in regulations issued by HUD at 24 CFR Part 35, Sub part R. The work practice standards in those regulations do not apply 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 a small
surface area.

KEY: paint, lead-based paint, lead-based paint aba tement Date of Enactment or Last Substantive Amendment: 2 010 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(i)

# APPENDIX 5

GENERAL REQUIREMENTS

R307-101 & 102, UTAH ADMINISTRATIVE CODER307. Environmental Quality, Air Quality.

R307-101. General Requirements.
R307-101-1. Foreword. Chapter 19-2 and the rules adopted by the Air Qual ity Board constitute the basis for control of air pollution s ources in the state. These rules apply and will be enforced thro ughout the state, and are recommended for adoption in local ju risdictions where environmental specialists are available to co operate in implementing rule requirements. National Ambient Air Quality Standards (NAAQS), Na tional Standards of Performance for New Stationary Sources (NSPS), National Prevention of Significant Deterioration of Air Quality (PSD) standards, and the National Emission Standard s for Hazardous Air Pollutants (NESHAPS) apply throughout the natio n and are legally enforceable in Utah.

R307-101-2. Definitions. Except where specified in individual rules, defini tions in R307-101-2 are applicable to all rules adopted by t he Air Quality
Board. "Actual Emissions" means the actual rate of emissi ons of a pollutant from an emissions unit determined as foll ows: (1) In general, actual emissions as of a particul ar date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year pe riod which precedes the particular date and which is represent ative of normal source operations. The Executive Secretary shall a llow the use of a different time period upon a determination that i t is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hou rs, production rates, and types of materials processed, stored, or combusted during the selected time period. (2) The Executive Secretary may presume that sour ce-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (3) For any emission unit, other than an electric utility steam generating unit specified in (4), which has n ot begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. (4) For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational c hange shall equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the executive secretary, on an annual basis for a perio d of 5 years from the date the unit resumes regular operation, i nformation demonstrating that the physical or operational chan ge did not result in an emissions increase. A longer period, not to exceed 10 years, may be required by the executive secretary i f the executive secretary determines such a period to be more repre sentative of normal source post-change operations. "Acute Hazardous Air Pollutant" means any noncarci nogenic hazardous air pollutant for which a threshold limit value - ceiling (TLV-C) has been adopted by the American Conference of GovernmentalIndustrial Hygienists (ACGIH) in its "Threshold Lim it Values for

Chemical Substances and Physical Agents and Biologi cal Exposure Indices, (2009)." "Air Contaminant" means any particulate matter or any gas, vapor, suspended solid or any combination of them, excluding steam and water vapors (Section 19-2-102(1)). "Air Contaminant Source" means any and all sources of emission of air contaminants whether privately or publicly o wned or operated (Section 19-2-102(2)). "Air Pollution" means the presence in the ambient air of one or more air contaminants in such quantities and dur ation and under conditions and circumstances, as is or tends to be injurious to human health or welfare, animal or plant life, or p roperty, or would unreasonably interfere with the enjoyment of life or use of property as determined by the standards, rules and regulations adopted by the Air Quality Board (Section 19-2-104)

. "Allowable Emissions" means the emission rate of a source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which r estrict the operating rate, or hours of operation, or both) and the emission limitation established pursuant to R307-401-8. "Ambient Air" means the surrounding or outside air (Section 19-2-102(4)). "Appropriate Authority" means the governing body o f any city,
town or county. "Atmosphere" means the air that envelops or surrou nds the earth and includes all space outside of buildings, stacks or exterior ducts. "Authorized Local Authority" means a city, county, city-county or district health department; a city, county or co mbination fire department; or other local agency duly designated b y appropriate authority, with approval of the state Department of Health; and other lawfully adopted ordinances, codes or regulat ions not in conflict therewith. "Board" means Air Quality Board. See Section 19-2 -102(6)(a). "Breakdown" means any malfunction or procedural er ror, to include but not limited to any malfunction or proce dural error during start-up and shutdown, which will result in the inoperability or sudden loss of performance of the control equipment or process equipment causing emissions in excess of those allowed by approval order or Title R307. "BTU" means British Thermal Unit, the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit. "Calibration Drift" means the change in the instru ment meter readout over a stated period of time of normal cont inuous operation when the VOC concentration at the time of measureme nt is the same known upscale value. "Carbon Adsorption System" means a device containi ng adsorbent material (e.g., activated carbon, aluminum, silica gel), an inlet and outlet for exhaust gases, and a system for the proper disposal
or reuse of all VOC adsorbed. "Carcinogenic Hazardous Air Pollutant" means any h azardous air pollutant that is classified as a known human carci nogen (A1) orsuspected human carcinogen (A2) by the American Con ference of

Governmental Industrial Hygienists (ACGIH) in its " Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)." "Chargeable Pollutant" means any regulated air pol lutant except the following: (1) Carbon monoxide; (2) Any pollutant that is a regulated air polluta nt solely because it is a Class I or II substance subject to a standard promulgated or established by Title VI of the Act, Stratospheric Ozone Protection; (3) Any pollutant that is a regulated air polluta nt solely because it is subject to a standard or regulation u nder Section 112(r) of the Act, Prevention of Accidental Release s. "Chronic Hazardous Air Pollutant" means any noncar cinogenic hazardous air pollutant for which a threshold limit value - time weighted average (TLV-TWA) having no threshold limi t value - ceiling (TLV-C) has been adopted by the American Co nference of Governmental Industrial Hygienists (ACGIH) in its " Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)." "Clean Air Act" means federal Clean Air Act as ame nded in
1990. "Clean Coal Technology" means any technology, incl uding technologies applied at the precombustion, combusti on, or post combustion stage, at a new or existing facility whi ch will achieve significant reductions in air emissions of sulfur d ioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which w as not in widespread use as of November 15, 1990. "Clean Coal Technology Demonstration Project" mean s a project using funds appropriated under the heading "Departm ent of EnergyClean Coal Technology," up to a total amount of $2, 500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Envi ronmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total c ost of the demonstration project. "Clearing Index" means an indicator of the predict ed rate of clearance of ground level pollutants from a given a rea. This number is provided by the National Weather Service. "Commence" as applied to construction of a major s ource or major modification means that the owner or operator has all necessary pre-construction approvals or permits and either has: (1) Begun, or caused to begin, a continuous progr am of actual on-site construction of the source, to be completed within a reasonable time; or (2) Entered into binding agreements or contractua l obligations, which cannot be canceled or modified w ithout substantial loss to the owner or operator, to under take a program of actual construction of the source to be complete d within a reasonable time. "Compliance Schedule" means a schedule of events, by date, which will result in compliance with these regulati ons."Construction" means any physical change or change in the

method of operation including fabrication, erection , installation, demolition, or modification of a source which would result in a change in actual emissions. "Control Apparatus" means any device which prevent s or controls the emission of any air contaminant direct ly or indirectly into the outdoor atmosphere. "Department" means Utah State Department of Enviro nmental Quality. See Section 19-1-103(1). "Electric Utility Steam Generating Unit" means any steam electric generating unit that is constructed for th e purpose of supplying more than one-third of its potential elec tric output capacity and more than 25 MW electrical output to a ny utility power distribution system for sale. Any steam supplied t o a steam distribution system for the purpose of providing st eam to a steamelectric generator that would produce electrical en ergy for sale is also considered in determining the electrical energ y output capacity of the affected facility. "Emission" means the act of discharge into the atm osphere of an air contaminant or an effluent which contains or may contain an air contaminant; or the effluent so discharged into the atmosphere. "Emissions Information" means, with reference to a ny source operation, equipment or control apparatus: (1) Information necessary to determine the identi ty, amount, frequency, concentration, or other characteristics related to air quality of any air contaminant which has been emitt ed by the source operation, equipment, or control apparatus; (2) Information necessary to determine the identi ty, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any air contaminant whic h, under an applicable standard or limitation, the source opera tion was authorized to emit (including, to the extent necess ary for such purposes, a description of the manner or rate of op eration of the source operation), or any combination of the forego ing; and (3) A general description of the location and/or nature of the source operation to the extent necessary to ide ntify the source operation and to distinguish it from other source o perations (including, to the extent necessary for such purpos es, a description of the device, installation, or operati on constituting the source operation). "Emission Limitation" means a requirement establis hed by the Board or the Administrator, EPA, which limits the q uantity, rate or concentration of emission of air pollutants on a co ntinuous emission reduction including any requirement relati ng to the operation or maintenance of a source to assure cont inuous emission reduction (Section 302(k)). "Emissions Unit" means any part of a stationary so urce which emits or would have the potential to emit any pollu tant subject to regulation under the Clean Air Act. "Enforceable" means all limitations and conditions which are enforceable by the Administrator, including those r equirements developed pursuant to 40 CFR Parts 60 and 61, requi rements within the State Implementation Plan and R307, any permit requirements established pursuant to 40 CFR 52.21 or R307-401."EPA" means Environmental Protection Agency.

"EPA Method 9" means 40 CFR Part 60, Appendix A, M ethod 9, "Visual Determination of Opacity of Emissions from Stationary Sources," and Alternate 1, "Determination of the op acity of emissions from stationary sources remotely by LIDAR ." "Executive Director" means the Executive Director of the Utah Department of Environmental Quality. See Section 1 9-1-103(2). "Executive Secretary" means the Executive Secretar y of the
Board. "Existing Installation" means an installation, con struction of which began prior to the effective date of any regu lation having application to it. "Facility" means machinery, equipment, structures of any part or accessories thereof, installed or acquired for t he primary purpose of controlling or disposing of air pollutio n. It does not include an air conditioner, fan or other similar de vice for the comfort of personnel. "Fireplace" means all devices both masonry or fact ory built units (free standing fireplaces) with a hearth, fir e chamber or similarly prepared device connected to a chimney wh ich provides the operator with little control of combustion air, lea ving its fire chamber fully or at least partially open to the roo m. Fireplaces include those devices with circulating systems, hea t exchangers, or draft reducing doors with a net thermal efficiency of no greater than twenty percent and are used for aesthetic purp oses. "Fugitive Dust" means particulate, composed of soi l and/or industrial particulates such as ash, coal, minerals , etc., which becomes airborne because of wind or mechanical dist urbance of surfaces. Natural sources of dust and fugitive emi ssions are not fugitive dust within the meaning of this definition

. "Fugitive Emissions" means emissions from an insta llation or facility which are neither passed through an air cl eaning device nor vented through a stack or could not reasonably pass through a stack, chimney, vent, or other functionally equival ent opening. "Garbage" means all putrescible animal and vegetab le matter resulting from the handling, preparation, cooking a nd consumption of food, including wastes attendant thereto. "Gasoline" means any petroleum distillate, used as a fuel for internal combustion engines, having a Reid vapor pr essure of 4 pounds or greater. "Hazardous Air Pollutant (HAP)" means any pollutan t listed by the EPA as a hazardous air pollutant in conformance with Section 112(b) of the Clean Air Act. A list of these pollu tants is available at the Division of Air Quality. "Household Waste" means any solid or liquid materi al normally generated by the family in a residence in the cours e of ordinary day-to-day living, including but not limited to gar bage, paper products, rags, leaves and garden trash. "Incinerator" means a combustion apparatus designe d for high temperature operation in which solid, semisolid, li quid, or gaseous combustible wastes are ignited and burned efficient ly and from which the solid and gaseous residues contain little or no combustible material. "Installation" means a discrete process with ident ifiableemissions which may be part of a larger industrial plant.

Pollution equipment shall not be considered a separ ate installation or installations. "LPG" means liquified petroleum gas such as propan e or butane. "Maintenance Area" means an area that is subject t o the provisions of a maintenance plan that is included i n the Utah state implementation plan, and that has been redesignated by EPA from nonattainment to attainment of any National Ambient Air Quality
Standard. (a) The following areas are considered maintenanc e areas for

ozone: (i) Salt Lake County, effective August 18, 1997; and (ii) Davis County, effective August 18, 1997. (b) The following areas are considered maintenanc e areas for carbon monoxide: (i) Salt Lake City, effective March 22, 1999; (ii) Ogden City, effective May 8, 2001; and (iii) Provo City, effective January 3, 2006. (c) The following areas are considered maintenanc e areas for
PM10: (i) Salt Lake County, effective on the date that EPA approves the maintenance plan that was adopted by the Board on July 6, 2005;
and (ii) Utah County, effective on the date that EPA approves the maintenance plan that was adopted by the Board on J uly 6, 2005; and (iii) Ogden City, effective on the date that EPA approves the maintenance plan that was adopted by the Board on J uly 6, 2005. (d) The following area is considered a maintenanc e area for sulfur dioxide: all of Salt Lake County and the ea stern portion of Tooele County above 5600 feet, effective on the dat e that EPA approves the maintenance plan that was adopted by t he Board on January 5, 2005. "Major Modification" means any physical change in or change in the method of operation of a major source that woul d result in a significant net emissions increase of any pollutant . A net emissions increase that is significant for volatile organic compounds shall be considered significant for ozone . Within Salt Lake and Davis Counties or any nonattainment area f or ozone, a net emissions increase that is significant for nitrogen oxides shall be considered significant for ozone. Within areas of nonattainment for PM10, a significant net emission increase for a ny PM10 precursor is also a significant net emission increa se for PM10. A physical change or change in the method of operatio n shall not include: (1) routine maintenance, repair and replacement; (2) use of an alternative fuel or raw material by reason of an order under section 2(a) and (b) of the Energy S upply and Environmental Coordination Act of 1974, or by reaso n of a natural gas curtailment plan pursuant to the Federal Power Act; (3) use of an alternative fuel by reason of an or der or rule under section 125 of the federal Clean Air Act; (4) use of an alternative fuel at a steam generat ing unit to the extent that the fuel is generated from municipa l solid waste; (5) use of an alternative fuel or raw material by a source:(a) which the source was capable of accommodating before

January 6, 1975, unless such change would be prohib ited under any enforceable permit condition; or (b) which the source is otherwise approved to use ; (6) an increase in the hours of operation or in t he production rate unless such change would be prohibi ted under any enforceable permit condition; (7) any change in ownership at a source (8) the addition, replacement or use of a polluti on control project at an existing electric utility steam gener ating unit, unless the executive secretary determines that such addition, replacement, or use renders the unit less environme ntally beneficial, or except: (a) when the executive secretary has reason to be lieve that the pollution control project would result in a sig nificant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the m ost recent air quality impact analysis in the area conducted for t he purpose of Title I of the Clean Air Act, if any, and (b) the executive secretary determines that the i ncrease will cause or contribute to a violation of any national ambient air quality standard or PSD increment, or visibility li mitation. (9) the installation, operation, cessation, or re moval of a temporary clean coal technology demonstration proje ct, provided that the project complies with: (a) the Utah State Implementation Plan; and (b) other requirements necessary to attain and ma intain the national ambient air quality standards during the p roject and after it is terminated. "Major Source" means, to the extent provided by th e federal Clean Air Act as applicable to R307: (1) any stationary source of air pollutants which emits, or has the potential to emit, one hundred tons per yea r or more of any pollutant subject to regulation under the Clean Air Act; or (a) any source located in a nonattainment area fo r carbon monoxide which emits, or has the potential to emit, carbon monoxide in the amounts outlined in Section 187 of the feder al Clean Air Act with respect to the severity of the nonattainment a rea as outlined in Section 187 of the federal Clean Air Act; or (b) any source located in Salt Lake or Davis Coun ties or in a nonattainment area for ozone which emits, or has th e potential to emit, VOC or nitrogen oxides in the amounts outline d in Section 182 of the federal Clean Air Act with respect to the se verity of the nonattainment area as outlined in Section 182 of th e federal Clean Air Act; or (c) any source located in a nonattainment area fo r PM10 which emits, or has the potential to emit, PM10 or any PM 10 precursor in the amounts outlined in Section 189 of the federal Clean Air Act with respect to the severity of the nonattainment a rea as outlined in Section 189 of the federal Clean Air Act. (2) any physical change that would occur at a sou rce not qualifying under subpart 1 as a major source, if th e change would constitute a major source by itself; (3) the fugitive emissions and fugitive dust of a stationarysource shall not be included in determining for any of the purposes of these R307 rules whether it is a major stationar y source, unless the source belongs to one of the following categori es of stationary

sources: (a) Coal cleaning plants (with thermal dryers); (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminum or reduction plants; (g) Primary copper smelters; (h) Municipal incinerators capable of charging mo re than 250 tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants ; (j) Petroleum refineries; (k) Lime plants; (l) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process); (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British Thermal Units per hou r heat input; (v) Petroleum storage and transfer units with a t otal storage capacity exceeding 300,000 barrels; (w) Taconite ore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants of mo re than 250 million British Thermal Units per hour heat input; (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 11 2 of the federal Clean Air Act. "Modification" means any planned change in a sourc e which results in a potential increase of emission. "National Ambient Air Quality Standards (NAAQS)" m eans the allowable concentrations of air pollutants in the a mbient air specified by the Federal Government (Title 40, Code of Federal Regulations, Part 50). "Net Emissions Increase" means the amount by which the sum of the following exceeds zero: (1) any increase in actual emissions from a parti cular physical change or change in method of operation at a source; and (2) any other increases and decreases in actual e missions at the source that are contemporaneous with the partic ular change and are otherwise creditable. For purposes of determin ing a "net emissions increase": (a) An increase or decrease in actual emissions i s contemporaneous with the increase from the particul ar change only if it occurs between the date five years before con struction on theparticular change commences; and the date that the increase from

the particular change occurs. (b) An increase or decrease in actual emissions i s creditable only if it has not been relied on in issuing a prio r approval for the source which approval is in effect when the inc rease in actual emissions for the particular change occurs. (c) An increase or decrease in actual emission of sulfur dioxide, nitrogen oxides or particulate matter whic h occurs before an applicable minor source baseline date is credita ble only if it is required to be considered in calculating the amo unt of maximum allowable increases remaining available. With resp ect to particulate matter, only PM10 emissions will be use d to evaluate this increase or decrease. (d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions excee ds the old
level. (e) A decrease in actual emissions is creditable only to the
extent that: (i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds th e new level of actual emissions; (ii) It is enforceable at and after the time that actual construction on the particular change begins; and (iii) It has approximately the same qualitative s ignificance for public health and welfare as that attributed to the increase from the particular change. (iv) It has not been relied on in issuing any per mit under R307-401 nor has it been relied on in demonstrating attainment or reasonable further progress. (f) An increase that results from a physical chan ge at a source occurs when the emissions unit on which cons truction occurred becomes operational and begins to emit a p articular pollutant. Any replacement unit that requires shak edown becomes operational only after a reasonable shakedown perio d, not to exceed 180 days. "New Installation" means an installation, construc tion of which began after the effective date of any regulat ion having application to it. "Nonattainment Area" means an area designated by t he Environmental Protection Agency as nonattainment un der Section 107, Clean Air Act for any National Ambient Air Quality Standard. The designations for Utah are listed in 40 CFR 81.345. "Offset" means an amount of emission reduction, by a source, greater than the emission limitation imposed on suc h source by these regulations and/or the State Implementation P lan. "Opacity" means the capacity to obstruct the trans mission of light, expressed as percent. "Open Burning" means any burning of combustible ma terials resulting in emission of products of combustion int o ambient air without passage through a chimney or stack. "Owner or Operator" means any person who owns, lea ses, controls, operates or supervises a facility, an emi ssion source, or air pollution control equipment. "PSD" Area means an area designated as attainment orunclassifiable under section 107(d)(1)(D) or (E) of the federal

Clean Air Act. "PM2.5" means particulate matter with an aerodynam ic diameter less than or equal to a nominal 2.5 micrometers as measured by an EPA reference or equivalent method. "PM10" means particulate matter with an aerodynami c diameter less than or equal to a nominal 10 micrometers as m easured by an EPA reference or equivalent method. "PM10 Precursor" means any chemical compound or su bstance which, after it has been emitted into the atmospher e, undergoes chemical or physical changes that convert it into p articulate matter, specifically PM10. "Part 70 Source" means any source subject to the p ermitting requirements of R307-415. "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or poli tical subdivision of a state. (Subsection 19-2-103(4)). "Pollution Control Project" means any activity or project at an existing electric utility steam generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to: (1) The installation of conventional or innovativ e pollution control technology, including but not limited to ad vanced flue gas desulfurization, sorbent injection for sulfur dioxi de and nitrogen oxides controls and electrostatic precipitators; (2) An activity or project to accommodate switchi ng to a fuel which is less polluting than the fuel used prior to the activity or project, including, but not limited to natural gas or coal reburning, or the cofiring of natural gas and other fuels for the purpose of controlling emissions; (3) A permanent clean coal technology demonstrati on project conducted under Title II, sec. 101(d) of the Furthe r Continuing Appropriations Act of 1985 (sec. 5903(d) of title 4 2 of the United States Code), or subsequent appropriations, up to a total amount of $2,500,000,000 for commercial demonstration of clea n coal technology, or similar projects funded through appr opriations for the Environmental Protection Agency; or (4) A permanent clean coal technology demonstrati on project that constitutes a repowering project. "Potential to Emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant including air pollution control eq uipment and restrictions on hours of operation or on the type o r amount of material combusted, stored, or processed shall be t reated as part of its design if the limitation or the effect it wo uld have on emissions is enforceable. Secondary emissions do n ot count in determining the potential to emit of a stationary s ource. "Process Level" means the operation of a source, s pecific to the kind or type of fuel, input material, or mode o f operation. "Process Rate" means the quantity per unit of time of any raw material or process intermediate consumed, or produ ct generated, through the use of any equipment, source operation, or controlapparatus. For a stationary internal combustion un it or any other

fuel burning equipment, this term may be expressed as the quantity of fuel burned per unit of time. "Reactivation of a Very Clean Coal-Fired Electric Utility Steam Generating Unit" means any physical change or change in the method of operation associated with the commencemen t of commercial operations by a coal-fired utility unit after a per iod of discontinued operation where the unit: (1) Has not been in operation for the two-year pe riod prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the emission inventory at the time of enactment; (2) Was equipped prior to shutdown with a continu ous system of emissions control that achieves a removal effici ency for sulfur dioxide of no less than 85 percent and a removal ef ficiency for particulates of no less than 98 percent; (3) Is equipped with low-NOx burners prior to the time of commencement of operations following reactivation; and (4) Is otherwise in compliance with the requireme nts of the Clean Air Act. "Reasonable Further Progress" means annual increme ntal reductions in emission of an air pollutant which ar e sufficient to provide for attainment of the NAAQS by the date ide ntified in the State Implementation Plan. "Refuse" means solid wastes, such as garbage and t rash. "Regulated air pollutant" means any of the followi ng: (a) Nitrogen oxides or any volatile organic compo und; (b) Any pollutant for which a national ambient ai r quality standard has been promulgated; (c) Any pollutant that is subject to any standard promulgated under Section 111 of the Act, Standards of Performa nce for New Stationary Sources; (d) Any Class I or II substance subject to a stan dard promulgated under or established by Title VI of the Act, Stratospheric Ozone Protection; (e) Any pollutant subject to a standard promulgat ed under Section 112, Hazardous Air Pollutants, or other req uirements established under Section 112 of the Act, including Sections 112(g), (j), and (r) of the Act, including any of t he following: (i) Any pollutant subject to requirements under S ection 112(j) of the Act, Equivalent Emission Limitation b y Permit. If the Administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicabl e date established pursuant to Section 112(e) of the Act; (ii) Any pollutant for which the requirements of Section 112(g)(2) of the Act (Construction, Reconstruction and Modification) have been met, but only with respect to the individual source subject to Section 112(g)(2) requ irement. "Repowering" means replacement of an existing coal -fired boiler with one of the following clean coal technol ogies: atmospheric or pressurized fluidized bed combustion , integrated gasification combined cycle, magnetohydrodynamics, direct andindirect coal-fired turbines, integrated gasificati on fuel cells,

or as determined by the Administrator, in consultat ion with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of c ontrolling multiple combustion emissions simultaneously with i mproved boiler or generation efficiency and with significantly gre ater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (1) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology d emonstration funding as of January 1, 1991, by the Department of Energy. (2) The executive secretary shall give expedited consideration to permit applications for any source that satisfies the requirements of this definition and is granted an extension under section 409 of the Clean Air Act. "Representative Actual Annual Emissions" means the average rate, in tons per year, at which the source is proj ected to emit a pollutant for the two-year period after a physical change or change in the method of operation of unit, (or a different consecutive two-year period within 10 years after that change, where the executive secretary determines that such period is more representative of source operations), considering t he effect any such change will have on increasing or decreasing t he hourly emissions rate and on projected capacity utilizatio n. In projecting future emissions the executive secretary shall: (1) Consider all relevant information, including but not limited to, historical operational data, the compan y's own representations, filings with the State of Federal regulatory authorities, and compliance plans under title IV of the Clean Air
Act; and (2) Exclude, in calculating any increase in emiss ions that results from the particular physical change or chan ge in the method of operation at an electric utility steam generatin g unit, that portion of the unit's emissions following the chang e that could have been accommodated during the representative ba seline period and is attributable to an increase in projected cap acity utilization at the unit that is unrelated to the pa rticular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole. "Residence" means a dwelling in which people live, including all ancillary buildings. "Residential Solid Fuel Burning" device means any residential burning device except a fireplace connected to a ch imney that burns solid fuel and is capable of, and intended for use as a space heater, domestic water heater, or indoor cooking ap pliance, and has an air-to-fuel ratio less than 35-to-1 as determine d by the test procedures prescribed in 40 CFR 60.534. It must al so have a useable firebox volume of less than 6.10 cubic mete rs or 20 cubic feet, a minimum burn rate less than 5 kilograms per hour or 11 pounds per hour as determined by test procedures pr escribed in 40 CFR 60.534, and weigh less than 800 kilograms or 36 2.9 pounds. Appliances that are described as prefabricated fire places and are designed to accommodate doors or other accessories that would create the air starved operating conditions of a re sidential solidfuel burning device shall be considered as such. F ireplaces are

not included in this definition for solid fuel burn ing devices. "Road" means any public or private road. "Salvage Operation" means any business, trade or i ndustry engaged in whole or in part in salvaging or reclaim ing any product or material, including but not limited to metals, c hemicals, shipping containers or drums. "Secondary Emissions" means emissions which would occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself. Secondary emissions must be specific, well defined

, quantifiable, and impact the same general area as t he source or modification which causes the secondary emissions. Secondary emissions include emissions from any off-site suppo rt facility which would not be constructed or increase its emis sions except as a result of the construction or operation of the ma jor source or major modification. Secondary emissions do not inc lude any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, fro m a train, or
from a vessel. Fugitive emissions and fugitive dust from the sour ce or modification are not considered secondary emissions

. "Significant" means: (1) In reference to a net emissions increase or t he potential of a source to emit any of the following pollutants , a rate of emissions that would equal or exceed any of the fol lowing rates: Carbon monoxide: 100 ton per year (tpy); Nitrogen oxides: 40 tpy; Sulfur dioxide: 40 tpy; PM10: 15 tpy; Particulate matter: 25 tpy; Ozone: 40 tpy of volatile organic compounds; Lead: 0.6 tpy. "Solid Fuel" means wood, coal, and other similar o rganic material or combination of these materials. "Solvent" means organic materials which are liquid at standard conditions (Standard Temperature and Pressure) and which are used as dissolvers, viscosity reducers, or cleaning agen ts. "Source" means any structure, building, facility, or installation which emits or may emit any air pollut ant subject to regulation under the Clean Air Act and which is loc ated on one or more continuous or adjacent properties and which is under the control of the same person or persons under common control. A building, structure, facility, or installation mean s all of the pollutant-emitting activities which belong to the s ame industrial grouping. Pollutant-emitting activities shall be c onsidered as part of the same industrial grouping if they belong to the same "Major Group" (i.e. which have the same two-digit c ode) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (US Government Pr inting Office stock numbers 4101-0065 and 003-005-00176-0, respec tively). "Stack" means any point in a source designed to em it solids, liquids, or gases into the air, including a pipe or duct but notincluding flares.

"Standards of Performance for New Stationary Sourc es" means the Federally established requirements for performa nce and record keeping (Title 40 Code of Federal Regulations, Part 60).
"State" means Utah State. "Temporary" means not more than 180 calendar days. "Temporary Clean Coal Technology Demonstration Pro ject" means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies wit h the Utah State Implementation Plan and other requirements necessar y to attain and maintain the national ambient air quality standards during the project and after it is terminated. "Threshold Limit Value - Ceiling (TLV-C)" means th e airborne concentration of a substance which may not be excee ded, as adopted by the American Conference of Governmental Industri al Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)." "Threshold Limit Value - Time Weighted Average (TL V-TWA)" means the time-weighted airborne concentration of a substance adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemi cal Substances and Physical Agents and Biological Exposure Indices , (2009)." "Total Suspended Particulate (TSP)" means minute s eparate particles of matter, collected by high volume sampl er. "Toxic Screening Level" means an ambient concentra tion of an air contaminant equal to a threshold limit value - ceiling (TLV- C) or threshold limit value -time weighted average (TL V-TWA) divided by a safety factor. "Trash" means solids not considered to be highly f lammable or explosive including, but not limited to clothing, r ags, leather, plastic, rubber, floor coverings, excelsior, tree l eaves, yard trimmings and other similar materials. "Volatile Organic Compound (VOC)" means VOC as def ined in 40 CFR 51.100(s)(1), effective as of the date referenc ed in R307-101- 3, is hereby adopted and incorporated by reference. "Waste" means all solid, liquid or gaseous materia l, including, but not limited to, garbage, trash, hous ehold refuse, construction or demolition debris, or other refuse including that resulting from the prosecution of any business, tra de or industry. "Zero Drift" means the change in the instrument me ter readout over a stated period of time of normal continuous o peration when the VOC concentration at the time of measurement is zero.

R307-101-3. Version of Code of Federal Regulations Incorporated by
Reference. Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) in corporated throughout R307 is dated July 1, 2008.

KEY: air pollution, definitions Date of Enactment or Last Substantive Amendment: D ecember 2, 2009 Notice of Continuation: July 2, 2009 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(a)R307. Environmental Quality, Air Quality.

R307-102. General Requirements: Broadly Applicabl e Requirements. R307-102-1. Air Pollution Prohibited; Periodic Rep orts Required. (1) Emission of air contaminants in sufficient qu antities to cause air pollution as defined in R307-101-2 is pro hibited. The State statute provides for penalties up to $50,000/ day for violation of State statutes, regulations, rules or standards (See Section 19-2-115 for further details). (2) Periodic Reports and Availability of Informat ion. The owner or operator of any stationary air contaminant source in Utah shall furnish to the Board the periodic reports req uired under Section 19-2-104(1)(c) and any other information as the Board may deem necessary to determine whether the source is i n compliance with Utah and Federal regulations and standards. T he information thus obtained will be correlated with applicable em ission standards or limitations and will be available to the public during normal business hours at the Division of Air Quality.

R307-102-2. Confidentiality of Information. Any person submitting information pursuant to thes e regulations may request that such information be tr eated as a trade secret or on a confidential basis, in which case th e executive secretary and Board shall so treat such information . If no claim is made at the time of submission, the executive se cretary may make the information available to the public without fur ther notice. Information required to be disclosed to the public under State or Federal law may not be requested to be kept confide ntial. Justification supporting claims of confidentiality shall be provided at the time of submission on the informati on. Each page claimed "confidential" shall be marked "confidentia l business information" by the applicant and the confidential information on each page shall be clearly specified. Claims of co nfidentiality for the name and address of applicants for an appro val order will be denied. Confidential information or any other i nformation or report received by the executive secretary or Board shall be available to EPA upon request and the person who su bmitted the information shall be notified simultaneously of its release to EPA.

R307-102-3. Reserved.
Reserved.

R307-102-4. Variances Authorized. (1) Variance from these regulations may be grante d by the Board as provided by law (See Section 19-2-113) unl ess prohibited by the Clean Air Act: (a) to permit operation of an air pollution sourc e for the time period involved in installing or constructing air pollution control equipment in accordance with a compliance s chedule negotiated by the Executive Secretary and approved by the Board. (b) to permit operation of an air pollution sourc e where there is no practicable means known or available fo r adequate prevention, abatement or control of the air polluta nts involved. Such a variance shall be only until the necessary m eans for prevention, abatement or control becomes known and available,subject to the use of substitute or alternate measu res the Board

may prescribe. (c) to permit operation of an air pollution sourc e where the control measures, because of their extent or cost, must be spread over a considerable period of time. (2) Variance requests, as set forth in Section 19 -2-113, may be submitted by the owner or operator who is in con trol of any plant, building, structure, establishment, process or equipment.

R307-102-5. No Reduction in Pay. In accordance with paragraph 110(a)(6), Clean Air Act as amended August 1977, owners or operators may not te mporarily reduce the pay of any employee by reason of the use of a s upplemental or intermittent or other dispersion dependent control system for the purposes of meeting any air pollution requirement a dopted pursuant to the Clean Air Act as amended August 1977.

R307-102-6. Emissions Standards. Other provisions of R307 may require more stringen t controls than listed herein, in which case those requirement s must be met.

KEY: air pollution, confidentiality of information , variances Date of Enactment or Last Substantive Amendment: D ecember 7, 2000 Notice of Continuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 1 9-2-104; 63G-4- 202; 19-2-113

# APPENDIX 6

40 CFR 745

LEAD-BASED PAINT POISONING PREVENTION IN

CERTAIN RESIDENTIAL STRUCTURES600 40 CFR Ch. I (7–1–09 Edition) § 725.1000

(2) The Director, or a designee, willconsider the request, make a determination whether to initiate rulemaking to modify the requirements,and notify the requester of that determination by certified letter. If the request is denied, the letter will explainwhy EPA has concluded that the significant new use notification requirements for that microorganism should
remain in effect.

(3) If EPA concludes that significant new use notification requirements for amicroorganism should be limited or revoked, EPA will propose the changes in
a notice in the F EDERAL R EGISTER

,briefly describe the grounds for the action, and provide interested parties an opportunity to comment.

Subpart M—Significant New Uses for Specific Microorganisms

§ 725.1000 Scope.

This subpart identifies uses of microorganisms which EPA has determined to be significant new uses under the authority of section 5(a)(2) of the Toxic
Substances Control Act.

§ 725.1075 Burkholderia cepacia complex.

(a) Microorganism and significant new uses subject to reporting. (1) The microorganisms identified as the Burkholderia cepacia complex defined as containing the following nine species, Burkholderia cepacia, Burkholderia multivorans, Burkholderia stabilis, Burkholderia vietnamiensis, Burkholderia ambifaria, Burkholderia pyrrocinia, Burkholderia cepacia genomovar VIII ( Burkholderia anthina ), and Burkholderia cepacia genomovars III and VI are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of
this section.

(2) The significant new use is any use other than research and developmentin the degradation of chemicals via injection into subsurface groundwater.

(b) [Reserved]

[68 FR 35320, June 13, 2003] PART 745—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES

Subparts A–C [ Reserved ]

Subpart D—Lead-Based Paint Hazards

745.61 Scope and applicability.
745.63 Definitions. 745.65 Lead-based paint hazards.

Subpart E—Residential Property Renovation

Sec. 745.80 Purpose.
745.81 Effective dates. 745.82 Applicability.
745.83 Definitions.745.84 Information distribution requirements. 745.85 Work practice standards.745.86 Recordkeeping and reporting requirements. 745.87 Enforcement and inspections. 745.88 Recognized test kits.
745.89 Firm certification.
745.90 Renovator certification and dust sampling technician certification. 745.91 Suspending, revoking, or modifying
an individual’s or firm’s certification.
745.92 Fees for the accreditation of renovation and dust sampling technician training and the certification of renovation
firms.

Subpart F—Disclosure of Known LeadBased Paint and/or Lead-Based PaintHazards Upon Sale or Lease of Residential Property

745.100 Purpose. 745.101 Scope and applicability.
745.102 Effective dates.
745.103 Definitions. 745.107 Disclosure requirements for sellers
and lessors.745.110 Opportunity to conduct an evaluation. 745.113 Certification and acknowledgment
of disclosure. 745.115 Agent responsibilities.
745.118 Enforcement.745.119 Impact on State and local requirements.

Subparts G–K [ Reserved ]

Subpart L—Lead-Based Paint Activities

745.220 Scope and applicability.
745.223 Definitions. 745.225 Accreditation of training programs:target housing and child-occupied facilities.


745.226 Certification of individuals andfirms engaged in lead-based paint activities: target housing and child-occupied
facilities.745.227 Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities. 745.228 Accreditation of training programs: public and commercial buildings, bridges and superstructures. [Reserved]
745.229 Certification of individuals andfirms engaged in lead-based paint activities: public and commercial buildings, bridges and superstructures. [Reserved]745.230 Work practice standards for conducting lead-based paint activities: public and commercial buildings, bridges and superstructures. [Reserved]745.233 Lead-based paint activities requirements.
745.235 Enforcement. 745.237 Inspections.
745.238 Fees for accreditation and certification of lead-based paint activities.
745.239 Effective dates.

Subparts M–P [ Reserved ]

Subpart Q—State and Indian Tribal Programs

745.320 Scope and purpose.
745.323 Definitions.745.324 Authorization of State or Tribal programs. 745.325 Lead-based paint activities: State and Tribal program requirements.745.326 Renovation: State and Tribal program requirements.
745.327 State or Indian Tribal lead-basedpaint compliance and enforcement programs. 745.339 Effective date.

A UTHORITY : 15 U.S.C. 2605, 2607, 2681–2692
and 42 U.S.C. 4852d.

S OURCE : 61 FR 9085, Mar. 6, 1996, unless otherwise noted.

Subparts A–C [ Reserved ]

Subpart D—Lead-Based Paint Hazards

S OURCE : 66 FR 1237, Jan. 5, 2001, unless otherwise noted.

§ 745.61 Scope and applicability.

(a) This subpart identifies lead-based paint hazards.

(b) The standards for lead-based paint hazards apply to target housing and child-occupied facilities. (c) Nothing in this subpart requires the owner of property(ies) subject tothese standards to evaluate the property(ies) for the presence of lead-based paint hazards or take any action to
control these conditions if one or more
of them is identified.

§ 745.63 Definitions.

The following definitions apply to part 745.

Arithmetic mean means the algebraicsum of data values divided by the number of data values (e.g., the sum of the
concentration of lead in several soilsamples divided by the number of samples).

Chewable surface means an interior orexterior surface painted with leadbased paint that a young child can
mouth or chew. A chewable surface is
the same as an ‘‘accessible surface’’ as defined in 42 U.S.C. 4851b(2)). Hard
metal substrates and other materials that cannot be dented by the bite of a young child are not considered
chewable.

Common area group means a group of
common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.

Concentration means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

Deteriorated paint means any interior or exterior paint or other coating thatis peeling, chipping, chalking or cracking, or any paint or coating located on
an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

Dripline means the area within 3 feetsurrounding the perimeter of a building.

Friction surface means an interior orexterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair
surfaces.

Impact surface means an interior orexterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.


Interior window sill means the portion of the horizontal window ledge that protrudes into the interior of the room.

Lead-based paint hazard means hazardous lead-based paint, dust-lead hazard or soil-lead hazard as identified in §745.65.

Loading means the quantity of a specific substance present per unit of surface area, such as the amount of lead inmicrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

Mid-yard means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of aresidential building and another building on the same property.

Play area means an area of frequent soil contact by children of less than 6 years of age as indicated by, but not limited to, such factors including thefollowing: the presence of play equipment (e.g., sandboxes, swing sets, andsliding boards), toys, or other children’s possessions, observations of play patterns, or information provided byparents, residents, care givers, or property owners.

Residential building means a building containing one or more residential dwellings.

Room means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least 6 inches from an intersecting wall. Half walls or bookcases count as room separators ifbuilt-in. Movable or collapsible partitions or partitions consisting solely of
shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

Soil sample means a sample collected in a representative location using ASTM E1727, ‘‘Standard Practice for Field Collection of Soil Samples forLead Determination by Atomic Spectrometry Techniques,’’ or equivalent
method.

Weighted arithmetic mean means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to thesurface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of
the same area as each other and ofeach single surface sample in the composite. The weighted arithmetic meanis obtained by summing, for all samples, the product of the sample’s resultmultiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example,the weighted arithmetic mean of a single surface sample containing 60 μ g/ft 2

, a composite sample (three subsamples) containing 100 μ g/ft 2 , and a composite sample (4 subsamples) containing 110

μ g/ft 2 is 100 μ g/ft 2 . This result is based on the equation [60+(3*100)+(4*110)]/ (1+3+4).

Window trough means, for a typical double-hung window, the portion of the
exterior window sill between the interior window sill (or stool) and the
frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is
sometimes referred to as the window
‘‘well.’’

Wipe sample means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, ‘‘Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for LeadDetermination by Atomic Spectrometry Techniques, or equivalent method,with an acceptable wipe material as defined in ASTM E 1792, ‘‘Standard Specification for Wipe Sampling Materials
for Lead in Surface Dust.’’

§ 745.65 Lead-based paint hazards.

(a) Paint-lead hazard. A paint-lead hazard is any of the following:

(1) Any lead-based paint on a friction surface that is subject to abrasion and
where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than
the dust-lead hazard levels identified in paragraph (b) of this section.


(2) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a
door knob that knocks into a wall or a door that knocks against its door
frame.

(3) Any chewable lead-based painted
surface on which there is evidence of
teeth marks.

(4) Any other deteriorated lead-based paint in any residential building orchild-occupied facility or on the exterior of any residential building or child-occupied facility.

(b) Dust-lead hazard. A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 μ g/ft 2
on floors or 250 μ g/ft 2 on interior window sills based on wipe samples.

(c) Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million ( μ g/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.

(d) Work practice requirements. Applicable certification, occupant protection, and clearance requirements and work practice standards are found in regulations issued by EPA at 40 CFR part 745, subpart L and in regulations issued by the Department of Housing and Urban Development (HUD) at 24CFR part 35, subpart R. The work practice standards in those regulations donot apply when treating paint-lead hazards of less than:

(1) Two square feet of deterioratedlead-based paint per room or equivalent,

(2) Twenty square feet of deteriorated paint on the exterior building, or

(3) Ten percent of the total surfacearea of deteriorated paint on an interior or exterior type of component with
a small surface area.

Subpart E—Residential Property Renovation

S OURCE : 63 FR 29919, June 1, 1998, unless
otherwise noted. § 745.80 Purpose.

This subpart contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to allrenovations performed for compensation in target housing and child-occupied facilities. The purpose of this subpart is to ensure the following:

(a) Owners and occupants of target housing and child-occupied facilities
receive information on lead-based paint hazards before these renovations begin; and

(b) Individuals performing renovations regulated in accordance with §745.82 are properly trained; renovators and firms performing these renovations are certified; and the work practices in§745.85 are followed during these renovations.

[73 FR 21758, Apr. 22, 2008]

§ 745.81 Effective dates.

(a) Training, certification and accreditation requirements and work practice
standards . The training, certification and accreditation requirements and work practice standards in this subpart are applicable in any State or Indian
Tribal area that does not have a renovation program that is authorizedunder subpart Q of this part. The training, certification and accreditation requirements and work practice standards in this subpart will become effective as follows:

(1) Training programs . Effective June23, 2008, no training program may provide, offer, or claim to provide trainingor refresher training for EPA certification as a renovator or a dust sampling technician without accreditationfrom EPA under §745.225. Training programs may apply for accreditation under §745.225 beginning April 22, 2009.

(2) Firms . (i) Firms may apply for certification under §745.89 beginning October 22, 2009.

(ii) On or after April 22, 2010, no firmmay perform, offer, or claim to perform renovations without certificationfrom EPA under §745.89 in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c).


(3) Individuals . On or after April 22, 2010, all renovations must be directed by renovators certified in accordancewith §745.90(a) and performed by certified renovators or individuals trainedin accordance with §745.90(b)(2) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c). (4) Work practices . On or after April22, 2010, all renovations must be performed in accordance with the work practice standards in §745.85 and the associated recordkeeping requirementsin §745.86(b)(6) and (b)(7) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c). (5) The suspension and revocation provisions in § 745.91 are effective April 22, 2010. (b) Renovation-specific pamphlet . Before December 22, 2008, renovators or firms performing renovations in States
and Indian Tribal areas without an authorized program may provide ownersand occupants with either of the following EPA pamphlets: Protect Your Family From Lead in Your Home or Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools . After that date, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively. (c) Pre-Renovation Education Rule

. With the exception of the requirement to use the pamphlet entitled RenovateRight: Important Lead Hazard Information for Families, Child Care Providers
and Schools , the provisions of the PreRenovation Education Rule in this subpart have been in effect since June
1999.

[73 FR 21758, Apr. 22, 2008]

§ 745.82 Applicability.

(a) This subpart applies to all renovations performed for compensation intarget housing and child-occupied facilities, except for the following: (1) Renovations in target housing or child-occupied facilities in which a
written determination has been madeby an inspector or risk assessor (certified pursuant to either Federal regulations at §745.226 or a State or Tribalcertification program authorized pursuant to §745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/

cm 2 ) or 0.5% by weight, where the firmperforming the renovation has obtained a copy of the determination. (2) Renovations in target housing orchild-occupied facilities in which a certified renovator, using an EPA recognized test kit as defined in §745.83 andfollowing the kit manufacturer’s instructions, has tested each componentaffected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm 2 or 0.5% by weight. If the components make up an integrated whole,
such as the individual stair treads andrisers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to havebeen repainted or refinished separately.(b) The information distribution requirements in §745.84 do not apply toemergency renovations, which are renovation activities that were notplanned but result from a sudden, unexpected event (such as non-routinefailures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatensequipment and/or property with significant damage. Interim controls performed in response to an elevated blood
lead level in a resident child are also emergency renovations. Emergency
renovations other than interim controls are also exempt from the warning sign, containment, waste handling,training, and certification requirements in §§745.85, 745.89, and 745.90 to the extent necessary to respond to the emergency. Emergency renovations arenot exempt from the cleaning requirements of §745.85(a)(5), which must be performed by certified renovators or
individuals trained in accordance with §745.90(b)(2), the cleaning verification requirements of §745.85(b), which must be performed by certified renovators, and the recordkeeping requirements of §745.86(b)(6) and (b)(7).


(c) The training requirements in §745.90 and the work practice standards for renovation activities in §745.85 apply to all renovations covered by this subpart, except for renovations intarget housing for which the firm performing the renovation has obtained a statement signed by the owner that the
renovation will occur in the owner’s residence, no child under age 6 resides there, no pregnant woman residesthere, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm will not be required to use the work practices contained in EPA’s renovation, repair, and painting rule. For the purposes ofthis section, a child resides in the primary residence of his or her custodial parents, legal guardians, and fosterparents. A child also resides in the primary residence of an informal caretaker if the child lives and sleeps most
of the time at the caretaker’s residence.

[73 FR 21758, Apr. 22, 2008]

§ 745.83 Definitions.

For purposes of this part, the definitions in §745.103 as well as the following definitions apply:
Administrator means the Administrator of the Environmental Protection Agency. Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit
lasts at least 3 hours and the combined weekly visits last at least 6 hours, and
the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, daycare centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompassesonly those common areas that are routinely used by children under age 6,
such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or thecommon areas routinely used by children under age 6. Cleaning verification card means acard developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaningcloths with the card, whether post-renovation cleaning has been properly completed. Component or building componentmeans specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stoolsand troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: Painted roofing, chimneys, flashing, guttersand downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings andrailing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners. Dry disposable cleaning cloth means acommercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.
Firm means a company, partnership,corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization.


HEPA vacuum means a vacuum cleaner which has been designed with a highefficiency particulate air (HEPA) filteras the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, includingspecialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of leadbased paint hazards or potential hazards, and the establishment and operation of management and resident education programs. Minor repair and maintenance activities are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activitiesor 20 square feet or less of painted surface for exterior activities where noneof the work practices prohibited or restricted by §745.85(a)(3) are used and
where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity. Pamphlet means the EPA pamphlet
titled Renovate Right: Important Lead Hazard Information for Families, Child
Care Providers and Schools developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA,or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and
without revision or deletion of material from the pamphlet (except for the
addition or revision of State or local sources of information). Before December 22, 2008, the term ‘‘pamphlet’’ also means any pamphlet developed by EPA under section 406(a) of TSCA or any State or Tribal pamphlet approved by EPA pursuant to § 745.326.

Person means any natural or judicialperson including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, orinstrumentality of the Federal Government. Recognized test kit means a commercially available kit recognized by EPAunder §745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted
surface.

Renovation means the modification of any existing structure, or portion thereof, that results in the disturbanceof painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal,modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls,ceilings, plumbing, windows); weatherization projects (e.g., cutting holes inpainted surfaces to install blown-in insulation or to gain access to attics,planing thresholds to install weatherstripping), and interim controls that disturb painted surfaces. A renovationperformed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation doesnot include minor repair and maintenance activities.

Renovator means an individual who either performs or directs workers who


perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program. Training hour means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture,learning activities, small group activities, demonstrations, evaluations, and hands-on experience. Wet disposable cleaning cloth means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops. Wet mopping system means a device with the following characteristics: A long handle, a mop head designed to beused with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.
Work area means the area that the
certified renovator establishes to contain the dust and debris generated by a
renovation.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21758, Apr. 22, 2008]

§ 745.84 Information distribution requirements.

(a) Renovations in dwelling units . No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must: (1) Provide the owner of the unit with the pamphlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet. (ii) Obtain a certificate of mailing at least 7 days prior to the renovation. (2) In addition to the requirements in paragraph (a)(1) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following: (i) Obtain, from the adult occupant, awritten acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of a representative of the firm performingthe renovation, and the date of signature. (ii) Obtain a certificate of mailing at least 7 days prior to the renovation. (b) Renovations in common areas . No more than 60 days before beginning
renovation activities in common areas of multi-unit target housing, the firm performing the renovation must:(1) Provide the owner with the pamphlet, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet. (ii) Obtain a certificate of mailing at least 7 days prior to the renovation. (2) Comply with one of the following . (i)Notify in writing, or ensure written notification of, each affected unit andmake the pamphlet available upon request prior to the start of renovation.
Such notification shall be accomplished by distributing written notice
to each affected unit. The notice shalldescribe the general nature and locations of the planned renovation activities; the expected starting and endingdates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the firm performing the renovation, or (ii) While the renovation is ongoing, post informational signs describing the general nature and locations of therenovation and the anticipated completion date. These signs must be posted in areas where they are likely to beseen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the
renovation firm at no cost to occupants.(3) Prepare, sign, and date a statement describing the steps performed to


notify all occupants of the intended renovation activities and to provide the pamphlet. (4) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and thefirm provided written initial notification to each affected unit, the firm performing the renovation must provide
further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notificationmust be provided before the firm performing the renovation initiates work beyond that which was described in the original notice. (c) Renovations in child-occupied facilities . No more than 60 days before beginning renovation activities in any childoccupied facility, the firm performing
the renovation must:(1)(i) Provide the owner of the building with the pamphlet, and comply with one of the following: (A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet. (B) Obtain a certificate of mailing at least 7 days prior to the renovation. (ii) If the child-occupied facility is not the owner of the building, providean adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:(A) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing
the renovation has been unsuccessful in obtaining a written acknowledgmentfrom an adult representative. Such certification must include the address of the child-occupied facility undergoingrenovation, the date and method of delivery of the pamphlet, names of thepersons delivering the pamphlet, reason for lack of acknowledgment (e.g.,representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature. (B) Obtain a certificate of mailing at least 7 days prior to the renovation. (2) Provide the parents and guardiansof children using the child-occupied facility with the pamphlet and information describing the general nature and
locations of the renovation and the anticipated completion date by complying with one of the following: (i) Mail or hand-deliver the pamphlet
and the renovation information to each parent or guardian of a child using the child-occupied facility. (ii) While the renovation is ongoing, post informational signs describing the general nature and locations of therenovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by aposted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from therenovation firm at no cost to the parents or guardians. (3) The renovation firm must prepare, sign, and date a statement describingthe steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet. (d) Written acknowledgment . The written acknowledgments required by paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i),(c)(1)(i)(A), and (c)(1)(ii)(A) of this section must: (1) Include a statement recording theowner or occupant’s name and acknowledging receipt of the pamphletprior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature. (2) Be either a separate sheet or part of any written contract or service agreement for the renovation. (3) Be written in the same languageas the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

[63 FR 29919, June 1, 1998. Redesignated and amended at 73 FR 21760, Apr. 22, 2008]

§ 745.85 Work practice standards.

(a) Standards for renovation activities

.Renovations must be performed by certified firms using certified renovators


as directed in §745.89. The responsibilities of certified firms are set forth in §745.89(d) and the responsibilities of
certified renovators are set forth in §745.90(b). (1) Occupant protection . Firms must post signs clearly defining the work area and warning occupants and otherpersons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readableuntil the renovation and the post-renovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 CFR35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this
section. (2) Containing the work area . Before beginning the renovation, the firm
must isolate the work area so that no
dust or debris leaves the work areawhile the renovation is being performed. In addition, the firm mustmaintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust
or debris leaves the work area while the renovation is being performed. The
firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency. (i) Interior renovations . The firm

must: (A) Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed. (B) Close and cover all ducts openingin the work area with taped-down plastic sheeting or other impermeable material. (C) Close windows and doors in the
work area. Doors must be covered with plastic sheeting or other impermeable
material. Doors used as an entrance to
the work area must be covered with plastic sheeting or other impermeable
material in a manner that allows workers to pass through while confining
dust and debris to the work area. (D) Cover the floor surface, includinginstalled carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to contain the dust, whichever is greater. (E) Use precautions to ensure that allpersonnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area. (ii) Exterior renovations . The firm
must:(A) Close all doors and windows within 20 feet of the renovation. On multistory buildings, close all doors and
windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows
on all floors below that are the same
horizontal distance from the renovation. (B) Ensure that doors within the
work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable
material in a manner that allows workers to pass through while confining
dust and debris to the work area. (C) Cover the ground with plasticsheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris,whichever is greater, unless the property line prevents 10 feet of such ground covering.(D) In certain situations, the renovation firm must take extra precautions in containing the work area to ensure
that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties. (3) Prohibited and restricted practices. The work practices listed below shall be prohibited or restricted during a
renovation as follows: (i) Open-flame burning or torching of lead-based paint is prohibited. (ii) The use of machines that removelead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited


unless such machines are used with
HEPA exhaust control.(iii) Operating a heat gun on leadbased paint is permitted only at temperatures below 1100 degrees Fahrenheit. (4) Waste from renovations —(i) Waste
from renovation activities must be contained to prevent releases of dust
and debris before the waste is removedfrom the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be
covered. (ii) At the conclusion of each workday and at the conclusion of the renovation, waste that has been collected
from renovation activities must bestored under containment, in an enclosure, or behind a barrier that prevents
release of dust and debris out of the work area and prevents access to dust
and debris. (iii) When the firm transports waste from renovation activities, the firmmust contain the waste to prevent release of dust and debris. (5) Cleaning the work area . After the renovation has been completed, the
firm must clean the work area until no dust, debris or residue remains. (i) Interior and exterior renovations

. The firm must: (A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag. (B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated
rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste. (ii) Additional cleaning for interior renovations . The firm must clean all objects and surfaces in the work area and
within 2 feet of the work area in thefollowing manner, cleaning from higher to lower: (A) Walls . Clean walls starting at the ceiling and working down to the floorby either vacuuming with a HEPA vacuum or wiping with a damp cloth. (B) Remaining surfaces . Thoroughlyvacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs. (C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2- bucket mopping method, or using a wet mopping system. (b) Standards for post-renovation cleaning verification —(1) Interiors . (i) A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, theseconditions must be removed by recleaning and another visual inspection must be performed.(ii) After a successful visual inspection, a certified renovator must: (A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure. ( 1 ) Wipe the windowsill with a wet disposable cleaning cloth that is damp
to the touch. If the cloth matches or is lighter than the cleaning verificationcard, the windowsill has been adequately cleaned. ( 2 ) If the cloth does not match and is darker than the cleaning verificationcard, re-clean the windowsill as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then either
use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately
cleaned. ( 3 ) If the cloth does not match and is darker than the cleaning verificationcard, wait for 1 hour or until the surface has dried completely, whichever is longer. ( 4 )After waiting for the windowsill todry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately
cleaned. (B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floorsmust be wiped using an application device with a long handle and a head to


which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification.
If the surface within the work area is greater than 40 square feet, the surface
within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface
within the work area matches the cleaning verification card, the surface has been adequately cleaned. ( 1 ) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean
that section of the surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card,
that section of the surface has been adequately cleaned. ( 2 ) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for 1
hour or until the entire surface within the work area has dried completely, whichever is longer. ( 3 ) After waiting for the entire surface within the work area to dry, wipe
each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that
section of the surface has been adequately cleaned. (iii) When the work area passes the post-renovation cleaning verification, remove the warning signs. (2) Exteriors . A certified renovatormust perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsillsand the ground. If dust, debris or residue is present, these conditions must
be eliminated and another visual inspection must be performed. When thearea passes the visual inspection, remove the warning signs. (c) Optional dust clearance testing

.Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another Federal, State, Territorial, Tribal, or local law or regulation requires: (1) The renovation firm to performdust clearance sampling at the conclusion of a renovation covered by this subpart.(2) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling
technician. (3) The renovation firm is required to
re-clean the work area until the dust clearance sample results are below the clearance standards in §745.227(e)(8) orany applicable State, Territorial, Tribal, or local standard. (d) Activities conducted after post-renovation cleaning verification . Activitiesthat do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after post-renovation cleaning verification has been performed.

[73 FR 21761, Apr. 22, 2008]

§ 745.86 Recordkeeping and reporting requirements.

(a) Firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with thissubpart for a period of 3 years following completion of the renovation. This 3–year retention requirement doesnot supersede longer obligations required by other provisions for retaining the same documentation, including anyapplicable State or Tribal laws or regulations. (b) Records that must be retainedpursuant to paragraph (a) of this section shall include (where applicable):(1) Reports certifying that a determination had been made by an inspector (certified pursuant to either Federal regulations at §745.226 or an EPAauthorized State or Tribal certification program) that lead-based paint is not present on the components affected by the renovation, as described in §745.82(b)(1).(2) Signed and dated acknowledgments of receipt as described in §745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A).


(3) Certifications of attempted delivery as described in §745.84(a)(2)(i) and (c)(1)(ii)(A).(4) Certificates of mailing as described in §745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B). (5) Records of notification activitiesperformed regarding common area renovations, as described in §745.84(b)(3)and (b)(4), and renovations in child-occupied facilities, as described in §745.84(c)(2). (6) Any signed and dated statementsreceived from owner-occupants documenting that the requirements of §745.85 do not apply. These statements
must include a declaration that the
renovation will occur in the owner’sresidence, a declaration that no children under age 6 reside there, a declaration that no pregnant woman resides there, a declaration that the housing is not a child-occupied facility,the address of the unit undergoing renovation, the owner’s name, an acknowledgment by the owner that the work practices to be used during the renovation will not necessarily includeall of the lead-safe work practices contained in EPA’s renovation, repair, and painting rule, the signature of the owner, and the date of signature. These
statements must be written in thesame language as the text of the renovation contract, if any. (7) Documentation of compliancewith the requirements of §745.85, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used onthe project, that the certified renovator performed or directed workerswho performed all of the tasks described in §745.85(a), and that the certified renovator performed the postrenovation cleaning verification described in §745.85(b). If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in §745.82, the
firm must document the nature of the emergency and the provisions of the
rule that were not followed. This documentation must include a copy of thecertified renovator’s training certificate, and a certification by the certified renovator assigned to the project
that: (i) Training was provided to workers (topics must be identified for each worker). (ii) Warning signs were posted at the
entrances to the work area. (iii) If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified. (iv) The work area was contained by: (A) Removing or covering all objects in the work area (interiors). (B) Closing and covering all HVAC ducts in the work area (interiors). (C) Closing all windows in the work area (interiors) or closing all windows
in and within 20 feet of the work area (exteriors). (D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors). (E) Covering doors in the work area that were being used to allow passage but prevent spread of dust.(F) Covering the floor surface, including installed carpet, with tapeddown plastic sheeting or other impermeable material in the work area 6 feetbeyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or otherdisposable impermeable material anchored to the building extending 10 feetbeyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris,whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors). (G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors). (v) Waste was contained on-site and while being transported off-site. (vi) The work area was properly cleaned after the renovation by: (A) Picking up all chips and debris, misting protective sheeting, folding itdirty side inward, and taping it for removal. (B) Cleaning the work area surfaces and objects using a HEPA vacuum and/ or wet cloths or mops (interiors).


(vii) The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).(c) When test kits are used, the renovation firm must, within 30 days ofthe completion of the renovation, provide identifying information as to the
manufacturer and model of the testkits used, a description of the components that were tested including their locations, and the test kit results tothe person who contracted for the renovation.(d) If dust clearance sampling is performed in lieu of cleaning verificationas permitted by §745.85(c), the renovation firm must provide, within 30 days of the completion of the renovation, a copy of the dust sampling report to theperson who contracted for the renovation.

[73 FR 21761, Apr. 22, 2008]

§ 745.87 Enforcement and inspections.

(a) Failure or refusal to comply withany provision of this subpart is a violation of TSCA section 409 (15 U.S.C. 2689). (b) Failure or refusal to establish and
maintain records or to make available or permit access to or copying of records, as required by this subpart, is
a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and 2689). (c) Failure or refusal to permit entry or inspection as required by 40 CFR 745.87 and TSCA section 11 (15 U.S.C. 2610) is a violation of sections 15 and 409 (15 U.S.C. 2614 and 2689). (d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for
each violation. (e) Lead-based paint is assumed to be present at renovations covered by this subpart. EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to ensure compliance with this subpart.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21763, Apr. 22, 2008]

§ 745.88 Recognized test kits.

(a) Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of Standards and Technology research tomeet the negative response criteria described in paragraph (c)(1) of this section. This recognition will last until EPA publicizes its recognition of thefirst test kit that meets both the negative response and positive response criteria in paragraph (c) of this section.(b) No other test kits will be recognized until they are tested through EPA’s Environmental TechnologyVerification Program or other equivalent EPA approved testing program.(1) Effective September 1, 2008, to initiate the testing process, a test kit
manufacturer must submit a sufficientnumber of kits, along with the instructions for using the kits, to EPA. The
test kit manufacturer should first visit the following website for information on where to apply: http://www.epa.gov/ etv/howtoapply.html

. (2) After the kit has been testedthrough the Environmental Technology Verification Program or otherequivalent approved EPA testing program, EPA will review the report to determine whether the required criteria
have been met. (3) Before September 1, 2010, test kits must meet only the negative responsecriteria in paragraph (c)(1) of this section. The recognition of kits that meet only this criteria will last until EPA publicizes its recognition of the first
test kits that meets both of the criteria in paragraph (c) of this section. (4) After September 1, 2010, test kitsmust meet both of the criteria in paragraph (c) of this section. (5) If the report demonstrates that the kit meets the required criteria, EPA will issue a notice of recognition to the kit manufacturer, provide themwith the report, and post the information on EPA’s website. (6) If the report demonstrates thatthe kit does not meet the required criteria, EPA will notify the kit manufacturer and provide them with the report. (c) Response criteria —(1) Negative response criteria. For paint containing lead at or above the regulated level, 1.0 mg/cm 2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative response less than or equal to 5% of the time.


(2) Positive response criteria. For paint containing lead below the regulated level, 1.0 mg/cm 2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a positive response less than or equal to 10% of the time.

[73 FR 21763, Apr. 22, 2008]

§ 745.89 Firm certification.

(a) Initial certification . (1) Firms that perform renovations for compensation must apply to EPA for certification to perform renovations or dust sampling. To apply, a firm must submit to EPA a completed ‘‘Application for Firms,’’ signed by an authorized agent of the firm, and pay at least the correct amount of fees. If a firm pays more than the correct amount of fees, EPA
will reimburse the firm for the excess
amount.(2) After EPA receives a firm’s application, EPA will take one of the following actions within 90 days of the date the application is received:(i) EPA will approve a firm’s application if EPA determines that it is complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability tomaintain compliance with environmental statutes or regulations. An application is complete if it contains all of the information requested on the
form and includes at least the correct amount of fees. When EPA approves a firm’s application, EPA will issue the firm a certificate with an expiration date not more than 5 years from the date the application is approved. EPAcertification allows the firm to perform renovations covered by this section in any State or Indian Tribal areathat does not have a renovation program that is authorized under subpart Q of this part.(ii) EPA will request a firm to supplement its application if EPA determines that the application is incomplete. If EPA requests a firm to supplement its application, the firm must submit therequested information or pay the additional fees within 30 days of the date of the request.(iii) EPA will not approve a firm’s application if the firm does not supplement its application in accordance with paragraph (a)(2)(ii) of this section or if EPA determines that the environmental compliance history of the firm, its principals, or its key employeesdemonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. EPA will send the firm a letter givingthe reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new, complete application that includes the
correct amount of fees. (b) Re-certification . To maintain itscertification, a firm must be re-certified by EPA every 5 years. (1) Timely and complete application . To be re-certified, a firm must submit acomplete application for re-certification. A complete application for recertification includes a completed‘‘Application for Firms’’ which contains all of the information requestedby the form and is signed by an authorized agent of the firm, noting on the
form that it is submitted as a re-certification. A complete application
must also include at least the correct amount of fees. If a firm pays more than the correct amount of fees, EPA
will reimburse the firm for the excess
amount. (i) An application for re-certification is timely if it is postmarked 90 days or
more before the date the firm’s currentcertification expires. If the firm’s application is complete and timely, the
firm’s current certification will remain in effect until its expiration date or
until EPA has made a final decision toapprove or disapprove the re-certification application, whichever is later.(ii) If the firm submits a complete recertification application less than 90days before its current certification expires, and EPA does not approve the application before the expiration date,
the firm’s current certification will expire and the firm will not be able toconduct renovations until EPA approves its re-certification application.(iii) If the firm fails to obtain recertification before the firm’s current certification expires, the firm must not perform renovations or dust sampling until it is certified anew pursuant to paragraph (a) of this section. (2) EPA action on an application . After EPA receives a firm’s application for


re-certification, EPA will review theapplication and take one of the following actions within 90 days of receipt:(i) EPA will approve a firm’s application if EPA determines that it is timely and complete and that the environmental compliance history of the firm, its principals, or its key employeesdoes not show an unwillingness or inability to maintain compliance with environmental statutes or regulations.When EPA approves a firm’s application for re-certification, EPA will issuethe firm a new certificate with an expiration date 5 years from the date that the firm’s current certification expires.
EPA certification allows the firm to perform renovations or dust sampling covered by this section in any State or
Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.(ii) EPA will request a firm to supplement its application if EPA determines that the application is incomplete.(iii) EPA will not approve a firm’s application if it is not received or is not complete as of the date that the firm’s current certification expires, or if EPA
determines that the environmental compliance history of the firm, itsprincipals, or its key employees demonstrates an unwillingness or inabilityto maintain compliance with environmental statutes or regulations. EPA will send the firm a letter giving thereason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new application and paying the correct
amount of fees. (c) Amendment of certification . A firm
must amend its certification within 90days of the date a change occurs to information included in the firm’s most recent application. If the firm fails to amend its certification within 90 days of the date the change occurs, the firm may not perform renovations or dust sampling until its certification is
amended. (1) To amend a certification, a firm must submit a completed ‘‘Application for Firms,’’ signed by an authorized agent of the firm, noting on the form
that it is submitted as an amendment and indicating the information that has changed. The firm must also pay at
least the correct amount of fees.(2) If additional information is needed to process the amendment, or the firm did not pay the correct amount offees, EPA will request the firm to submit the necessary information or fees.
The firm’s certification is not amendeduntil the firm complies with the request. (3) Amending a certification does not affect the certification expiration date. (d) Firm responsibilities . Firms performing renovations must ensure that:(1) All individuals performing renovation activities on behalf of the firm are
either certified renovators or have beentrained by a certified renovator in accordance with § 745.90. (2) A certified renovator is assigned to each renovation performed by the firm and discharges all of the certified renovator responsibilities identified in §745.90. (3) All renovations performed by the firm are performed in accordance with the work practice standards in § 745.85.(4) The pre-renovation education requirements of § 745.84 have been performed. (5) The recordkeeping requirements of §745.86 are met.

[73 FR 21764, Apr. 22, 2008]

§ 745.90 Renovator certification anddust sampling technician certification.

(a) Renovator certification and dust sampling technician certification . (1) To
become a certified renovator or certified dust sampling technician, an individual must successfully complete the appropriate course accredited by EPA under § 745.225 or by a State or Tribal program that is authorized under subpart Q of this part. The course completion certificate serves as proof of certification. EPA renovator
certification allows the certified individual to perform renovations covered by this section in any State or Indian
Tribal area that does not have a renovation program that is authorized under subpart Q of this part. EPA dustsampling technician certification allows the certified individual to perform dust clearance sampling under § 745.85(c) in any State or Indian Tribal
area that does not have a renovation


program that is authorized under subpart Q of this part. (2) Individuals who have successfully completed an accredited abatementworker or supervisor course, or individuals who have successfully completedan EPA, HUD, or EPA/HUD model renovation training course may take an accredited refresher renovator training
course in lieu of the initial renovator training course to become a certified
renovator. (3) Individuals who have successfully completed an accredited lead-based paint inspector or risk assessor course may take an accredited refresher dust sampling technician course in lieu ofthe initial training to become a certified dust sampling technician.(4) To maintain renovator certification or dust sampling technician certification, an individual must completea renovator or dust sampling technician refresher course accredited by EPA under §745.225 or by a State or Tribal program that is authorized under subpart Q of this part within 5years of the date the individual completed the initial course described in paragraph (a)(1) of this section. If theindividual does not complete a refresher course within this time, the individual must re-take the initial course to become certified again. (b) Renovator responsibilities . Certified renovators are responsible for ensuringcompliance with §745.85 at all renovations to which they are assigned. A certified renovator:(1) Must perform all of the tasks described in §745.85(b) and must either perform or direct workers who perform all of the tasks described in §745.85(a). (2) Must provide training to workers on the work practices they will be using in performing their assigned
tasks. (3) Must be physically present at the work site when the signs required by §745.85(a)(1) are posted, while the work area containment required by §745.85(a)(2) is being established, and while the work area cleaning required by §745.85(a)(5) is performed. (4) Must regularly direct work beingperformed by other individuals to ensure that the work practices are beingfollowed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area. (5) Must be available, either on-siteor by telephone, at all times that renovations are being conducted.(6) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by
the renovation contain lead-based paint. (7) Must have with them at the worksite copies of their initial course completion certificate and their most recent refresher course completion certificate. (8) Must prepare the records required by §745.86(b)(7). (c) Dust sampling technician responsibilities . When performing optional dust clearance sampling under §745.85(c), a certified dust sampling
technician:(1) Must collect dust samples in accordance with §745.227(e)(8), must send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and must compare the results to
the clearance levels in accordance with §745.227(e)(8). (2) Must have with them at the worksite copies of their initial course completion certificate and their most recent refresher course completion certificate.

[73 FR 21765, Apr. 22, 2008]

§ 745.91 Suspending, revoking, or modifying an individual’s or firm’s certification.

(a)(1) Grounds for suspending, revoking, or modifying an individual’s certification . EPA may suspend, revoke, or modify an individual’s certification if the individual fails to comply with Federal lead-based paint statutes orregulations. EPA may also suspend, revoke, or modify a certified renovator’s
certification if the renovator fails to ensure that all assigned renovations comply with § 745.85. In addition to an administrative or judicial finding ofviolation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (2) Grounds for suspending, revoking, or modifying a firm’s certification . EPA may


suspend, revoke, or modify a firm’s certification if the firm:(i) Submits false or misleading information to EPA in its application for
certification or re-certification. (ii) Fails to maintain or falsifies records required in §745.86. (iii) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with Federallead-based paint statutes or regulations. In addition to an administrativeor judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (b) Process for suspending, revoking, or modifying certification . (1) Prior to taking action to suspend, revoke, or modify an individual’s or firm’s certification, EPA will notify the affected entity in writing of the following: (i) The legal and factual basis for the proposed suspension, revocation, or
modification. (ii) The anticipated commencement date and duration of the suspension, revocation, or modification.(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or
to receive certification in the future. (iv) The opportunity and method forrequesting a hearing prior to final suspension, revocation, or modification. (2) If an individual or firm requests a hearing, EPA will:(i) Provide the affected entity an opportunity to offer written statements in response to EPA’s assertions of the legal and factual basis for its proposed
action. (ii) Appoint an impartial official of EPA as Presiding Officer to conduct the hearing. (3) The Presiding Officer will:(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing. (ii) Consider all relevant evidence, explanation, comment, and argument
submitted. (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action which may be subject to judicial review. The order must contain the
commencement date and duration ofthe suspension, revocation, or modification. (4) If EPA determines that the public health, interest, or welfare warrantsimmediate action to suspend the certification of any individual or firm prior to the opportunity for a hearing,
it will:(i) Notify the affected entity in accordance with paragraph (b)(1)(i)through (b)(1)(iii) of this section, explaining why it is necessary to suspendthe entity’s certification before an opportunity for a hearing. (ii) Notify the affected entity of itsright to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by EPA under this section, any transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section will beavailable to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any suchhearing at which oral testimony is presented will be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title. (6) EPA will maintain a publicly
available list of entities whose certification has been suspended, revoked, modified, or reinstated. (7) Unless the decision and order issued under paragraph (b)(3)(iii) of this section specify otherwise: (i) An individual whose certificationhas been suspended must take a refresher training course (renovator or dust sampling technician) in order to
make his or her certification current. (ii) An individual whose certification
has been revoked must take an initial renovator or dust sampling technician
course in order to become certified again. (iii) A firm whose certification hasbeen revoked must reapply for certification after the revocation ends in


order to become certified again. If the firm’s certification has been suspended and the suspension ends less than 5years after the firm was initially certified or re-certified, the firm does not need to do anything to re-activate its
certification.

[73 FR 21765, Apr. 22, 2008]

§ 745.92 Fees for the accreditation ofrenovation and dust sampling technician training and the certification of renovation firms.

(a) Persons who must pay fees . Fees in accordance with paragraph (b) of this section must be paid by: (1) Training programs —(i) Non-exempt training programs . All non-exempt training programs applying to EPA for the accreditation and re-accreditation of training programs in one or more of the following disciplines: Renovator, dust sampling technician. (ii) Exemption . No fee shall be imposed on any training program operated by a State, federally recognizedIndian Tribe, local government, or nonprofit organization. This exemption does not apply to the certification of
firms or individuals. (2) Firms . All firms applying to EPA
for certification and re-certification to
conduct renovations. (b) Fee amounts —(1) Certification and accreditation fees . Initial and renewal
certification and accreditation fees are specified in the following table:

Training Program Accreditation Re-accreditation (every 4 years, see 40 CFR 745.225(f)(1) for details)

Initial Renovator or Dust Sampling Technician
Course $560 $340

Refresher Renovator or Dust Sampling Technician Course $400 $310

Renovation Firm Certification Re-certification (every 5 years see 40 CFR 745.89(b))

Firm $300 $300
Combined Renovation and Lead-based Paint Activities Firm Application $550 $550

Combined Renovation and Lead-based Paint Activities Tribal Firm Application $20 $20

Tribal Firm $20 $20

(2) Lost certificate . A $15 fee will be charged for the replacement of a firm
certificate. (c) Certificate replacement . Firms seeking certificate replacement must: (1) Complete the applicable portionsof the ‘‘Application for Firms’’ in accordance with the instructions provided.(2) Submit the application and a payment of $15 in accordance with the instructions provided with the application package. (d) Failure to remit fees . (1) EPA willnot provide certification, re-certification, accreditation, or re-accreditation for any firm or training program
that does not remit fees described inparagraph (b) of this section in accordance with the procedures specified in 40
CFR 745.89. (2) EPA will not replace a certificate for any firm that does not remit the $15 fee in accordance with the proceduresspecified in paragraph (c) of this section.

[74 FR 11869, Mar. 20, 2009]

Subpart F—Disclosure of Known Lead-Based Paint and/or Lead-Based Paint HazardsUpon Sale or Lease of Residential Property

§ 745.100 Purpose.

This subpart implements the provisions of 42 U.S.C. 4852d, which impose certain requirements on the sale orlease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser orlessee the presence of any known leadbased paint and/or lead-based paint hazards; provide available records and reports; provide the purchaser or lessee


with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment orinspection; and attach specific disclosure and warning language to the salesor leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing.

§ 745.101 Scope and applicability.

This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:(a) Sales of target housing at foreclosure. (b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federalcertification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under anyexisting State or tribal inspector certification program. The lessor has theoption of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding. (c) Short-term leases of 100 days orless, where no lease renewal or extension can occur.(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under §745.107 and where no new information described in §745.107 has come into the possession of the lessor.For the purposes of this paragraph, renewal shall include both renegotiationof existing lease terms and/or ratification of a new lease.

§ 745.102 Effective dates.

The requirements in this subpart take effect in the following manner:(a) For owners of more than four residential dwellings, the requirements shall take effect on September 6, 1996.(b) For owners of one to four residential dwellings, the requirements shall take effect on December 6, 1996. § 745.103 Definitions.

The following definitions apply to this subpart.
The Act means the Residential LeadBased Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d. Agent means any party who enters into a contract with a seller or lessor, including any party who enters into a contract with a representative of theseller or lessor, for the purpose of selling or leasing target housing. This term does not apply to purchasers orany purchaser’s representative who receives all compensation from the purchaser.
Available means in the possession of or reasonably obtainable by the seller
or lessor at the time of the disclosure.
Common area means a portion of a building generally accessible to allresidents/users including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, and boundary
fences. Contract for the purchase and sale of residential real property means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated one or more residential dwellings used oroccupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
EPA means the Environmental Protection Agency.
Evaluation means a risk assessment and/or inspection.
Foreclosure means any of the various methods, statutory or otherwise,known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property. Housing for the elderly means retirement communities or similar types ofhousing reserved for households composed of one or more persons 62 yearsof age or more at the time of initial occupancy. HUD means the U.S. Department of Housing and Urban Development. Inspection means: (1) A surface-by-surface investigation to determine the presence of lead-based paint as provided in section 302(c) of the Lead-Based Paint Poisoning and Prevention Act [42 U.S.C. 4822], and


(2) The provision of a report explaining the results of the investigation. Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight. Lead-based paint free housing means target housing that has been found tobe free of paint or other surface coatings that contain lead equal to or inexcess of 1.0 milligram per square centimeter or 0.5 percent by weight. Lead-based paint hazard means any condition that causes exposure to leadfrom lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal agency. Lessee means any entity that enters into an agreement to lease, rent, or sublease target housing, including butnot limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.
Lessor means any entity that offerstarget housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.
Owner means any entity that has legal title to target housing, includingbut not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indiantribes, and nonprofit organizations, except where a mortgagee holds legal title to property serving as collateral for a mortgage loan, in which case the owner would be the mortgagor.
Purchaser means an entity that enters into an agreement to purchase an interest in target housing, includingbut not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.
Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls
and abatement. Residential dwelling means:(1) A single-family dwelling, including attached structures such as porches and stoops; or (2) A single-family dwelling unit in a
structure that contains more than one separate residential dwelling unit, and
in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.
Risk assessment means an on-site investigation to determine and reportthe existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including: (1) Information gathering regarding the age and history of the housing and occupancy by children under age 6; (2) Visual inspection; (3) Limited wipe sampling or other environmental sampling techniques;(4) Other activity as may be appropriate; and (5) Provision of a report explaining the results of the investigation. Secretary means the Secretary of Housing and Urban Development.
Seller means any entity that transfers legal title to target housing, in whole or in part, in return for consideration,including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations. The term ‘‘seller’’ also
includes: (1) An entity that transfers shares ina cooperatively owned project, in return for consideration; and(2) An entity that transfers its interest in a leasehold, in jurisdictions orcircumstances where it is legally permissible to separate the fee title from the title to the improvement, in return
for consideration. Target housing means any housingconstructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is lessthan 6 years of age resides or is expected to reside in such housing) or any 0-bedroom dwelling.
TSCA means the Toxic Substances Control Act, 15 U.S.C. 2601. 0-bedroom dwelling means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio


apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.

§ 745.107 Disclosure requirements for sellers and lessors.

(a) The following activities shall becompleted before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to §745.101. Nothing in this section implies a positive obligation onthe seller or lessor to conduct any evaluation or reduction activities. (1) The seller or lessor shall providethe purchaser or lessee with an EPAapproved lead hazard information pamphlet. Such pamphlets include the EPA
document entitled Protect Your Family
From Lead in Your Home (EPA #747-K94-001) or an equivalent pamphlet that has been approved for use in that State by EPA. (2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The selleror lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such
as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (3) The seller or lessor shall disclose to each agent the presence of anyknown lead-based paint and/or leadbased paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning theknown lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards,and the condition of the painted surfaces. (4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records or reports regarding common areas. This requirement also includesrecords or reports regarding other residential dwellings in multifamily targethousing, provided that such information is part of an evaluation or reduction of lead-based paint and/or leadbased paint hazards in the target housing as a whole. (b) If any of the disclosure activitiesidentified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosureactivities prior to accepting the purchaser’s or lessee’s offer and allow the purchaser or lessee an opportunity to review the information and possibly
amend the offer.

§ 745.110 Opportunity to conduct an evaluation.

(a) Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing,upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. (b) Not withstanding paragraph (a) of this section, a purchaser may waivethe opportunity to conduct the risk assessment or inspection by so indicating in writing.

§ 745.113 Certification and acknowledgment of disclosure.

(a) Seller requirements. Each contract to sell target housing shall include an attachment containing the followingelements, in the language of the contract (e.g., English, Spanish):(1) A Lead Warning Statement consisting of the following language:

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children


may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify thebuyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

(2) A statement by the seller disclosing the presence of known leadbased paint and/or lead-based paint hazards in the target housing being sold or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The sellershall also provide any additional information available concerning theknown lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards,and the condition of the painted surfaces. (3) A list of any records or reports available to the seller pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the purchaser. If no such records or reports are available,
the seller shall so indicate.(4) A statement by the purchaser affirming receipt of the information set out in paragraphs (a)(2) and (a)(3) of
this section and the lead hazard information pamphlet required under 15
U.S.C. 2696. (5) A statement by the purchaser that
he/she has either:(i) Received the opportunity to conduct the risk assessment or inspection required by §745.110(a); or (ii) Waived the opportunity.(6) When one or more agents are involved in the transaction to sell targethousing on behalf of the seller, a statement that: (i) The agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d; and (ii) The agent is aware of his/her dutyto ensure compliance with the requirements of this subpart. (7) The signatures of the sellers, agents, and purchasers certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature. (b) Lessor requirements. Each contract to lease target housing shall include,
as an attachment or within the contract, the following elements, in the language of the contract (e.g., English, Spanish): (1) A Lead Warning Statement with the following language:

Housing built before 1978 may contain leadbased paint. Lead from paint, paint chips,and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnantwomen. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in thedwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

(2) A statement by the lessor disclosing the presence of known leadbased paint and/or lead-based paint hazards in the target housing being leased or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The lessorshall also disclose any additional information available concerning theknown lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards,and the condition of the painted surfaces. (3) A list of any records or reports available to the lessor pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the lessee. If no such records or reports are available, the
lessor shall so indicate.(4) A statement by the lessee affirming receipt of the information set out in paragraphs (b)(2) and (b)(3) of this
section and the lead hazard information pamphlet required under 15 U.S.C.
2696.(5) When one or more agents are involved in the transaction to lease target housing on behalf of the lessor, a
statement that:


(i) The agent has informed the lessor of the lessor as obligations under 42 U.S.C. 4852d; and (ii) The agent is aware of his/her dutyto ensure compliance with the requirements of this subpart. (6) The signatures of the lessors, agents, and lessees, certifying to the accuracy of their statements, to the best of their knowledge, along with the dates of signature. (c) Retention of Certification and Acknowledgment Information

. (1) The seller, and any agent, shallretain a copy of the completed attachment required under paragraph (a) of this section for no less than 3 years from the completion date of the sale. The lessor, and any agent, shall retain a copy of the completed attachment orlease contract containing the information required under paragraph (b) of this section for no less than 3 years from the commencement of the leasing period. (2) This recordkeeping requirement is not intended to place any limitationson civil suits under the Act, or to otherwise affect a lessee’s or purchaser’srights under the civil penalty provisions of 42 U.S.C. 4852d(b)(3). (d) The seller, lessor, or agent shall not be responsible for the failure of apurchaser’s or lessee’s legal representative (where such representative receives all compensation from the purchaser or lessee) to transmit disclosure materials to the purchaser or lessee, provided that all required parties have completed and signed the necessarycertification and acknowledgment language required under paragraphs (a) and (b) of this section.

§ 745.115 Agent responsibilities.

(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent
shall: (1) Inform the seller or lessor of his/ her obligations under §§745.107, 745.110,
and 745.113. (2) Ensure that the seller or lessor has performed all activities required under §§745.107, 745.110, and 745.113, or personally ensure compliance with the requirements of §§745.107, 745.110, and
745.113. (b) If the agent has complied with paragraph (a)(1) of this section, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a
seller or lessor but not disclosed to the agent.

§ 745.118 Enforcement.

(a) Any person who knowingly fails to comply with any provision of thissubpart shall be subject to civil monetary penalties in accordance with the provisions of 42 U.S.C. 3545 and 24 CFR part 30. (b) The Secretary is authorized to take such action as may be necessary to enjoin any violation of this subpart in the appropriate Federal district

court.(c) Any person who knowingly violates the provisions of this subpart shall be jointly and severally liable to the purchaser or lessee in an amountequal to 3 times the amount of damages incurred by such individual. (d) In any civil action brought for damages pursuant to 42 U.S.C. 4852d(b)(3), the appropriate court mayaward court costs to the party commencing such action, together withreasonable attorney fees and any expert witness fees, if that party prevails. (e) Failure or refusal to comply with §745.107 (disclosure requirements forsellers and lessors), §745.110 (opportunity to conduct an evaluation),§745.113 (certification and acknowledgment of disclosure), or §745.115 (agent responsibilities) is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689). (f) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) foreach violation. For purposes of enforcing this subpart, the penalty for each violation applicable under 15 U.S.C. 2615 shall not be more than $11,000 for all violations occuring after July 28, 1997; all violations occuring on or prior to that date are subject to a penalty not more than $10,000.

[61 FR 9085, Mar. 6, 1996, as amended at 62 FR 35041, June 27, 1997]


§ 745.119 Impact on State and local requirements.

Nothing in this subpart shall relievea seller, lessor, or agent from any responsibility for compliance with Stateor local laws, ordinances, codes, or regulations governing notice or disclosureof known lead-based paint or leadbased paint hazards. Neither HUD norEPA assumes any responsibility for ensuring compliance with such State or local requirements.

Subparts G–K [ Reserved ]

Subpart L—Lead-Based Paint

Activities

S OURCE : 61 FR 45813, Aug. 29, 1996, unless
otherwise noted.

§ 745.220 Scope and applicability.

(a) This subpart contains procedures and requirements for the accreditation of training programs for lead-basedpaint activities and renovations, procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, and work practice standards for performing such activities. This subpart also requires that, except as discussed below, all lead-based paint activities, as definedin this subpart, be performed by certified individuals and firms.(b) This subpart applies to all individuals and firms who are engaged in lead-based paint activities as defined in §745.223, except persons who perform
these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner’s immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level. This subpart applies only in those States or Indian Country
that do not have an authorized State or Tribal program pursuant to §745.324 of subpart Q.(c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdictionover any property or facility, or engaged in any activity resulting, or which may result, in a lead-based painthazard, and each officer, agent, or employee thereof shall be subject to, andcomply with, all Federal, State, interstate, and local requirements, both substantive and procedural, includingthe requirements of this subpart regarding lead-based paint, lead-based paint activities, and lead-based paint
hazards. (d) While this subpart establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in this subpart requires that the owner or occupant undertake any particular lead-based paint activity.

[61 FR 45813, Aug. 29, 1996, as amended at 73 FR 21766, Apr. 22, 2008]

§ 745.223 Definitions.

The definitions in subpart A apply to this subpart. In addition, the following definitions apply.
Abatement means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited
to: (1) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement ofpainted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and (2) All preparation, cleanup, disposal, and post-abatement clearance testing
activities associated with such measures. (3) Specifically, abatement includes,
but is not limited to:(i) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in orto a residential dwelling or child-occupied facility that: (A) Shall result in the permanentelimination of lead-based paint hazards; or (B) Are designed to permanently eliminate lead-based paint hazards and are described in paragraphs (1) and (2)
of this definition.(ii) Projects resulting in the permanent elimination of lead-based painthazards, conducted by firms or individuals certified in accordance with


§745.226, unless such projects are covered by paragraph (4) of this definition;(iii) Projects resulting in the permanent elimination of lead-based painthazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to bein the business of performing leadbased paint activities as identified and defined by this section, unless such projects are covered by paragraph (4) of this definition; or(iv) Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response
to State or local abatement orders.(4) Abatement does not include renovation, remodeling, landscaping or other activities, when such activitiesare not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore,or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction orelimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed totemporarily, but not permanently, reduce lead-based paint hazards. Accredited training program means atraining program that has been accredited by EPA pursuant to §745.225 toprovide training for individuals engaged in lead-based paint activities. Adequate quality control means a planor design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling. Business day means Monday through Friday with the exception of Federal holidays. Certified firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to §745.226(f). Certified inspector means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to §745.226 to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified abatement worker means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPApursuant to §745.226 to perform abatements. Certified project designer means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPApursuant to §745.226 to prepare abatement project designs, occupant protection plans, and abatement reports. Certified risk assessor means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPApursuant to §745.226 to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soilfor the purposes of abatement clearance testing. Certified supervisor means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to §745.226 to supervise andconduct abatements, and to prepare occupant protection plans and abatement reports. Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different dayswithin any week (Sunday through Saturday period), provided that each day’s
visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupiedfacilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.

Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

Common area means a portion of a building that is generally accessible toall occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational


rooms, playgrounds, community centers, garages, and boundary fences. Component or building componentmeans specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators andother heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps,balustrades, windows and trim (including sashes, window heads, jambs, sillsor stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing,gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings andrailing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners.
Containment means a process to protect workers and the environment bycontrolling exposures to the lead-contaminated dust and debris created during an abatement. Course agenda means an outline of the key topics to be covered during atraining course, including the time allotted to teach each topic.
Course test means an evaluation of the overall effectiveness of the training
which shall test the trainees’ knowledge and retention of the topics covered during the course. Course test blue print means writtendocumentation identifying the proportion of course test questions devoted toeach major topic in the course curriculum. Deteriorated paint means paint that is cracking, flaking, chipping, peeling, orotherwise separating from the substrate of a building component. Discipline means one of the specific types or categories of lead-based paint activities identified in this subpart for which individuals may receive training from accredited programs and become certified by EPA. For example, ‘‘abatement worker’’ is a discipline. Distinct painting history means the application history, as indicated by itsvisual appearance or a record of application, over time, of paint or other surface coatings to a component or room. Documented methodologies are methods or protocols used to sample for the presence of lead in paint, dust, and soil. Elevated blood lead level (EBL) means an excessive absorption of lead that is
a confirmed concentration of lead in
whole blood of 20 μ g/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15–19 μ g/dl in
two consecutive tests taken 3 to 4 months apart. Encapsulant means a substance that
forms a barrier between lead-basedpaint and the environment using a liquid-applied coating (with or withoutreinforcement materials) or an adhesively bonded covering material. Encapsulation means the application of an encapsulant.
Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate
in order to act as a barrier between lead-based paint and the environment.
Guest instructor means an individual designated by the training programmanager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
Hands-on skills assessment means an evaluation which tests the trainees’ ability to satisfactorily perform thework practices and procedures identified in §745.225(d), as well as any other skill taught in a training course.
Hazardous waste means any waste as
defined in 40 CFR 261.3. Inspection means a surface-by-surfaceinvestigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. Interim certification means the status of an individual who has successfully completed the appropriate trainingcourse in a discipline from an accredited training program, as defined by this section, but has not yet received formal certification in that discipline from EPA pursuant to §745.226. Interim certifications expire 6 months after the


completion of the training course, and is equivalent to a certificate for the 6- month period.
Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, includingspecialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of leadbased paint hazards or potential hazards, and the establishment and operation of management and resident education programs. Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight. Lead-based paint activities means, inthe case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in this subpart. Lead-based paint activities courses means initial and refresher training courses (worker, supervisor, inspector,risk assessor, project designer) provided by accredited training programs. Lead-based paint hazard means any condition that causes exposure to leadfrom lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as identified by the Administrator pursuant to
TSCA section 403.
Lead-hazard screen is a limited riskassessment activity that involves limited paint and dust sampling as described in §745.227(c). Living area means any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children’s
bedrooms. Local government means a county, city, town, borough, parish, district,association, or other public body (including an agency comprised of two or more of the foregoing entities) created
under State law. Multi-family dwelling means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part,
as the home or residence of one or

more persons. Nonprofit means an entity which has demonstrated to any branch of theFederal Government or to a State, municipal, tribal or territorial government, that no part of its net earnings inure to the benefit of any private
shareholder or individual. Paint in poor condition means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is
deteriorated on interior or exterior components with small surface areas (window sills, baseboards, soffits, trim). Permanently covered soil means soil which has been separated from human contact by the placement of a barrierconsisting of solid, relatively impermeable materials, such as pavement orconcrete. Grass, mulch, and other landscaping materials are not considered permanent covering.
Person means any natural or judicialperson including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, orinstrumentality of the Federal government. Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course. Recognized laboratory means an environmental laboratory recognized by EPA pursuant to TSCA section 405(b)as being capable of performing an analysis for lead compounds in paint, soil,
and dust.
Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls
and abatement. Residential dwelling means (1) a detached single family dwelling unit, including attached structures such asporches and stoops; or (2) a single family dwelling unit in a structure that


contains more than one separate residential dwelling unit, which is used oroccupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
Risk assessment means (1) an on-siteinvestigation to determine the existence, nature, severity, and location of lead-based paint hazards, and (2) the provision of a report by the individualor the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
Start date means the first day of any lead-based paint activities training course or lead-based paint abatement activity. Start date provided to EPA means thestart date included in the original notification or the most recent start dateprovided to EPA in an updated notification.
State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone,American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States. Target housing means any housingconstructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling. Training curriculum means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and
skills. Training hour means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture,learning activities, small group activities, demonstrations, evaluations, and/ or hands-on experience. Training manager means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. Training provider means any organization or entity accredited under §745.225 to offer lead-based paint activities

courses. Visual inspection for clearance testing
means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed. Visual inspection for risk assessment
means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

[61 FR 45813, Aug. 29, 1996, as amended at 64 FR 31097, June 9, 1999; 66 FR 1239, Jan. 5, 2001; 69 FR 18495, Apr. 8, 2004]

§ 745.225 Accreditation of training programs: target housing and child-occupied facilities.

(a) Scope . (1) A training program may
seek accreditation to offer courses inany of the following disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, renovator,and dust sampling technician. A training program may also seek accreditation to offer refresher courses for each of the above listed disciplines. (2) Training programs may first apply to EPA for accreditation of their lead-based paint activities courses orrefresher courses pursuant to this section on or after August 31, 1998. Training programs may first apply to EPA
for accreditation of their renovator ordust sampling technician courses or refresher courses pursuant to this section on or after April 22, 2009.(3) A training program must not provide, offer, or claim to provide EPA-accredited lead-based paint activitiescourses without applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after March 1, 1999. A training program must not provide, offer, orclaim to provide EPA-accredited renovator or dust sampling techniciancourses without applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after June 23, 2008. (b) Application process . The following are procedures a training program
must follow to receive EPA accreditation to offer lead-based paint activities courses, renovator courses, or dust sampling technician courses:


(1) A training program seeking accreditation shall submit a written application to EPA containing the following information:(i) The training program’s name, address, and telephone number. (ii) A list of courses for which it isapplying for accreditation. For the purposes of this section, courses taught indifferent languages are considered different courses, and each must independently meet the accreditation requirements.(iii) A statement signed by the training program manager certifying thatthe training program meets the requirements established in paragraph(c) of this section. If a training program uses EPA-recommended modeltraining materials, or training materials approved by a State or Indian Tribe that has been authorized by EPAunder subpart Q of this part, the training program manager shall include a statement certifying that, as well. (iv) If a training program does not use EPA-recommended model trainingmaterials or training materials approved by an authorized State or Indian Tribe, its application for accreditation 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. (C) When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent translator that they had compared the course to the English language version and found the
translation to be accurate.(v) 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 andprocedures that will be used for conducting the assessment of hands-on
skills for each course. (D) A copy of the quality control plan as described in paragraph (c)(9) of this
section. (2) If a training program meets the requirements in paragraph (c) of thissection, then EPA shall approve the application for accreditation no morethan 180 days after receiving a complete application from the trainingprogram. In the case of approval, a certificate of accreditation shall be sentto the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, EPA may, at its discretion, work with the applicant to address inadequacies in the application for accreditation.EPA may also request additional materials retained by the training program under paragraph (i) of this section. If atraining program’s application is disapproved, the program may reapply for accreditation at any time. (3) A training program may apply for
accreditation to offer courses or refresher courses in as many disciplines as it chooses. A training program may
seek accreditation for additionalcourses at any time as long as the program can demonstrate that it meets the requirements of this section. (4) A training program applying foraccreditation must submit the appropriate fees in accordance with §745.238. (c) Requirements for the accreditation of training programs . For a training program to obtain accreditation from EPA to offer lead-based paint activities courses, renovator courses, or dustsampling technician courses, the program must meet the following requirements:(1) 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 management or a related field; or(iii) Two years of experience in managing a training program specializing in environmental hazards; and(iv) Demonstrated experience, education, or training in the construction industry including: lead or asbestos


abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.(2) The training manager shall designate a qualified principal instructor
for each course who has:(i) Demonstrated experience, education, or training in teaching workers or adults; and (ii) Successfully completed at least 16hours of any EPA-accredited or EPAauthorized State or Tribal-accredited lead-specific training; and(iii) Demonstrated experience, education, or training in lead or asbestosabatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (3) The principal instructor shall be responsible for the organization of the course and oversight of the teaching ofall course material. The training manager may designate guest instructorsas needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a

course. (4) The following documents shall be recognized by EPA as evidence thattraining managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in paragraphs (c)(1) and (c)(2) of
this section. This documentation need
not be submitted with the accreditation application, but, if not submitted,shall be retained by the training program as required by the recordkeeping requirements contained in paragraph(i) of this section. Those documents include the following: (i) Official academic transcripts or diploma as evidence of meeting the education requirements. (ii) Resumes, letters of reference, or documentation of work experience, asevidence of meeting the work experience requirements.(iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements. (5) The training program shall ensurethe availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training,
and assessment activities. This includes providing training equipment that reflects current work practicesand maintaining or updating the equipment and facilities as needed.(6) To become accredited in the following disciplines, the training program shall provide training courses that meet the following training hour requirements: (i) The inspector course shall last a minimum of 24 training hours, with a
minimum of 8 hours devoted to handson training activities. The minimumcurriculum requirements for the inspector course are contained in paragraph (d)(1) of this section. (ii) The risk assessor course shall last a minimum of 16 training hours, with a
minimum of 4 hours devoted to handson training activities. The minimum curriculum requirements for the riskassessor course are contained in paragraph (d)(2) of this section. (iii) The supervisor course shall last a minimum of 32 training hours, with a
minimum of 8 hours devoted to handson activities. The minimum curriculum requirements for the supervisor course are contained in paragraph (d)(3) of this section. (iv) The project designer course shall last a minimum of 8 training hours.The minimum curriculum requirements for the project designer course are contained in paragraph (d)(4) of
this section. (v) The abatement worker course shall last a minimum of 16 traininghours, with a minimum of 8 hours devoted to hands-on training activities.The minimum curriculum requirements for the abatement worker course are contained in paragraph (d)(5) of
this section. (vi) The renovator course must last a minimum of 8 training hours, with a
minimum of 2 hours devoted to handson training activities. The minimumcurriculum requirements for the renovator course are contained in paragraph (d)(6) of this section. Hands-ontraining activities must cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containmentand cleanup methods, and post-renovation cleaning verification. (vii) The dust sampling technician
course must last a minimum of 8 training hours, with a minimum of 2 hours


devoted to hands-on training activities.The minimum curriculum requirements for the dust sampling technician course are contained in paragraph (d)(7) of this section. Hands-on training activities must cover dust sampling methodologies.(7) For each course offered, the training program shall conduct either a course test at the completion of the course, and if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline.Each individual must successfully complete the hands-on skills assessment and receive a passing score on thecourse test to pass any course, or successfully complete a proficiency test.(i) The training manager is responsible for maintaining the validity andintegrity of the hands-on skills assessment or profiency test to ensure that itaccurately evaluates the trainees’ performance of the work practices and procedures associated with the course topics contained in paragraph (d) of
this section.(ii) The training manager is responsible for maintaining the validity and integrity of the course test to ensurethat it accurately evaluates the trainees’ knowledge and retention of the course topics.(iii) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application. (8) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion
certificate shall include: (i) The name, a unique identification number, and address of the individual. (ii) The name of the particular course that the individual completed. (iii) Dates of course completion/test

passage.(iv) For initial inspector, risk assessor, project designer, supervisor, or abatement worker course completioncertificates, the expiration date of interim certification, which is 6 months from the date of course completion. (v) The name, address, and telephone number of the training program. (vi) The language in which the course was taught. (vii) For renovator and dust samplingtechnician course completion certificates, a photograph of the individual.(9) The training manager shall develop and implement a quality controlplan. The plan shall be used to maintain and improve the quality of the training program over time. This planshall contain at least the following elements: (i) Procedures for periodic revision of training materials and the course test
to reflect innovations in the field.(ii) Procedures for the training manager’s annual review of principal instructor competency. (10) Courses offered by the training program must teach the work practice standards contained in §745.85 or§745.227, as applicable, in such a manner that trainees are provided with theknowledge needed to perform the renovations or lead-based paint activities they will be responsible for conducting.(11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this section. (12) The training manager shall allow EPA to audit the training program to verify the contents of the applicationfor accreditation as described in paragraph (b) of this section.(13) The training manager must provide notification of renovator, dust sampling technician, or renovator, dust sampling technician, or lead-based paint activities offered.(i) The training manager must provide EPA with notification of all renovator, dust sampling technician, orlead-based paint activities courses offered. The original notification must be received by EPA at least 7 businessdays prior to the start date of any renovator, dust sampling technician, or lead-based paint activities course.(ii) The training manager must provide EPA updated notification when renovator, dust sampling technician, or lead-based paint activities courses will begin on a date other than the startdate specified in the original notification, as follows: (A) For renovator, dust samplingtechnician, or lead-based paint activities courses beginning prior to the start date provided to EPA, an updated notification must be received by EPA


at least 7 business days before the new
start date. (B) For renovator, dust samplingtechnician, or lead-based paint activities courses beginning after the startdate provided to EPA, an updated notification must be received by EPA at least 2 business days before the start date provided to EPA.(iii) The training manager must update EPA of any change in location of renovator, dust sampling technician, or lead-based paint activities courses at least 7 business days prior to the start date provided to EPA.(iv) The training manager must update EPA regarding any course cancellations, or any other change to theoriginal notification. Updated notifications must be received by EPA at least 2 business days prior to the start date provided to EPA.(v) Each notification, including updates, must include the following:(A) Notification type (original, update, cancellation).(B) Training program name, EPA accreditation number, 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 address. (F) Principal instructor’s name.(G) Training manager’s name and signature.(vi) Notification must be accomplished using any of the followingmethods: Written notification, or electronically using the Agency’s CentralData Exchange (CDX). Written notification of renovator, dust samplingtechnician, or lead-based paint activities course schedules can be accomplished by using either the sample form
titled ‘‘Lead-Based Paint Activities Training Course Schedule’’ or a similarform containing the information required in paragraph (c)(13)(v) of this
section. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, orhand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives the notification by the required date). Instructions and sample forms can be obtained from the NLIC at 1–800–424– LEAD(5323), or on the Internet at http:// www.epa.gov/lead. (vii) Lead-based paint activities courses must not begin on a date, or at a location other than that specified inthe original notification unless an updated notification identifying a new start date or location is submitted, in which case the course must begin onthe new start date and/or location specified in the updated notification.(viii) No training program shall provide renovator, dust sampling technician, or lead-based paint activities courses without first notifying EPA of
such activities in accordance with the requirements of this paragraph.(14) The training manager must provide notification following completion of lead-based paint activities courses.(i) The training manager must provide EPA notification after the completion of any lead-based paint activities course. This notice must be received by EPA no later than 10 business days following course completion. (ii) The notification must include the following:(A) Training program name, EPA accreditation number, address, and telephone number.(B) Course discipline and type (initial/refresher). (C) Date(s) of training. (D) The following information for
each student who took the course: ( 1 ) Name. ( 2 ) Address. ( 3 ) Date of birth. ( 4 ) Course completion certificate
number. ( 5 ) Course test score. ( 6 ) A digital photograph of the student.(E) Training manager’s name and signature.(iii) Notification must be accomplished using any of the followingmethods: Written notification, or electronically using the Agency’s CentralData Exchange (CDX). Written notification following lead-based paint activities training courses can be accomplished by using either the sample form
titled ‘‘Lead-Based Paint Activities


Training Course Follow-up’’ or a similar form containing the information required in paragraph (c)(14)(ii) of this
section. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, orhand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives thenotification by the required date). Instructions and sample forms can be obtained from the NLIC at 1–800–424– LEAD(5323), or on the Internet at http:// www.epa.gov/lead

. (d) Minimum training curriculum requirements. To become accredited tooffer lead-based paint courses instruction in the specific disciplines listed below, training programs must ensure that their courses of study include, ata minimum, the following course topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of
the course. (1) Inspector. (i) Role and responsibilities of an inspector. (ii) Background information on lead
and its adverse health effects.(iii) Background information on Federal, State, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities. (iv) Lead-based paint inspection methods, including selection of roomsand components for sampling or testing.* (v) Paint, dust, and soil sampling methodologies.* (vi) Clearance standards and testing, including random sampling.*(vii) Preparation of the final inspection report.* (viii) Recordkeeping. (2) Risk assessor. (i) Role and responsibilities of a risk assessor.(ii) Collection of background information to perform a risk assessment. (iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging,
and food.(iv) Visual inspection for the purposes of identifying 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 other lead sampling results,including all applicable State or Federal 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 report. (3) Supervisor. (i) Role and responsibilities of a supervisor. (ii) Background information on lead
and its adverse health effects.(iii) Background information on Federal, State, and local regulations and guidance that pertain to lead-based paint abatement.(iv) Liability and insurance issues relating to lead-based paint abatement. (v) Risk assessment and inspection report interpretation.*(vi) Development and implementation of an occupant protection plan and abatement report.(vii) Lead-based paint hazard recognition and control.* (viii) Lead-based paint abatement and lead-based paint hazard reductionmethods, including restricted practices.* (ix) Interior dust abatement/cleanup or lead-based paint hazard control and
reduction methods.* (x) Soil and exterior dust abatement or lead-based paint hazard control and
reduction methods.* (xi) Clearance standards and testing. (xii) Cleanup and waste disposal. (xiii) Recordkeeping. (4) Project designer. (i) Role and responsibilities of a project designer. (ii) Development and implementation of an occupant protection plan for large scale abatement projects. (iii) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects. (iv) Interior dust abatement/cleanup
or lead hazard control and reduction methods for large-scale abatement projects. (v) Clearance standards and testing for large scale abatement projects.


(vi) Integration of lead-based paint
abatement methods with modernization and rehabilitation projects for large scale abatement projects. (5) Abatement worker. (i) Role and responsibilities of an abatement worker. (ii) Background information on lead
and its adverse health effects.(iii) Background information on Federal, State and local regulations and guidance that pertain to lead-based paint abatement.(iv) Lead-based paint hazard recognition and control.* (v) Lead-based paint abatement and lead-based paint hazard reductionmethods, including restricted practices.* (vi) Interior dust abatement methods/cleanup or lead-based paint hazard reduction.*(vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction.* (6) Renovator . (i) Role and responsibility of a renovator. (ii) Background information on lead
and its adverse health effects. (iii) Background information on EPA, HUD, OSHA, and 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) Renovation methods to minimize
the creation of dust and lead-based paint hazards.(vi) Interior and exterior containment and cleanup methods.(vii) Methods to ensure that the renovation has been properly completed, including cleaning verification, and clearance testing. (viii) Waste handling and disposal. (ix) Providing on-the-job training to
other workers. (x) Record preparation. (7) Dust sampling technician . (i) Role and responsibility of a dust sampling
technician. (ii) Background information on lead
and its adverse health effects.(iii) Background information on Federal, State, and local regulations and guidance that pertains to lead-based paint and renovation activities. (iv) Dust sampling methodologies. (v) Clearance standards and testing. (vi) Report preparation. (e) Requirements for the accreditation of refresher training programs . A training program may seek accreditation to offer refresher training courses in any of the following disciplines: Inspector,risk assessor, supervisor, project designer, abatement worker, renovator,and dust sampling technician. To obtain EPA accreditation to offer refresher training, a training programmust meet the following minimum requirements: (1) Each refresher course shall review the curriculum topics of the full-length courses listed under paragraph (d) ofthis section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following: (i) An overview of current safety practices relating to lead-based paintin general, as well as specific information pertaining to the appropriate discipline.(ii) Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline. (iii) Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline. (2) Refresher courses for inspector,risk assessor, supervisor, and abatement worker must last a minimum of 8 training hours. Refresher courses for project designer, renovator, and dustsampling technician must last a minimum of 4 training hours.(3) For each course offered, the training program shall conduct a hands-on assessment (if applicable), and at the completion of the course, a course test. (4) A training program may apply for
accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course as described in paragraph (b) of this section. If so, EPA shall use theapproval procedure described in paragraph (b) of this section. In addition, the minimum requirements containedin paragraphs (c) (except for the requirements in paragraph (c)(6)), and


(e)(1), (e)(2) and (e)(3) of this section shall also apply.(5) A training program seeking accreditation to offer refresher trainingcourses only shall submit a written application to EPA containing the following information: (i) The refresher training program’s name, address, and telephone number. (ii) A list of courses for which it is applying for accreditation.(iii) A statement signed by the training program manager certifying that the refresher training program meets the minimum requirements established in paragraph (c) of this section, except for the requirements in paragraph (c)(6) of this section. If a training program uses EPA-developed model trainingmaterials, or training materials approved by a State or Indian Tribe that has been authorized by EPA under§745.324 to develop its refresher training course materials, the training manager shall include a statement certifying that, as well. (iv) If the refresher training course
materials are not based on EPA-developed model training materials or training materials approved by an authorized State or Indian Tribe, the training program’s application for accreditation
shall include:(A) A copy of the student and instructor manuals to be used for each

course. (B) A copy of the course agenda for
each course. (v) All refresher 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 andprocedures that will be used for conducting the assessment of hands-on skills for each course (if applicable). (D) A copy of the quality control plan as described in paragraph (c)(9) of this
section. (vi) The requirements in paragraphs (c)(1) through (c)(5), and (c)(7) through (c)(14) of this section apply to refresher training providers. (vii) If a refresher training program meets the requirements listed in this paragraph, then EPA shall approve the application for accreditation no morethan 180 days after receiving a complete application from the refreshertraining program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall besent to the applicant. Prior to disapproval, EPA may, at its discretion,work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the refresher training program under paragraph (i) of this section. If a refreshertraining program’s application is disapproved, the program may reapply for accreditation at any time. (f) Re-accreditation of training programs. (1) Unless re-accredited, a training program’s accreditation (including refresher training accreditation) shall expire 4 years after the date of issuance. If a training program meets the requirements of this section, thetraining program shall be re-accredited.(2) A training program seeking re-accreditation shall submit an application to EPA no later than 180 days before itsaccreditation expires. If a training program does not submit its application for re-accreditation by that date, EPA cannot guarantee that the program
will be re-accredited before the end of the accreditation period.(3) The training program’s application for re-accreditation shall contain:(i) The training program’s name, address, and telephone number. (ii) A list of courses for which it is applying for re-accreditation. (iii) A description of any changes to the training facility, equipment orcourse materials since its last application was approved that adversely affects the students ability to learn.(iv) A statement signed by the program manager stating:(A) That the training program complies at all times with all requirementsin paragraphs (c) and (e) of this section, as applicable; and (B) The recordkeeping and reporting requirements of paragraph (i) of this
section shall be followed.


(v) A payment of appropriate fees in accordance with §745.238.(4) Upon request, the training program shall allow EPA to audit thetraining program to verify the contents of the application for re-accreditation as described in paragraph (f)(3)
of this section. (g) Suspension, revocation, and modification of accredited training programs.(1) EPA may, after notice and an opportunity for hearing, suspend, revoke,or modify training program accreditation (including refresher training accreditation) if a training program, training manager, or other person with supervisory authority over the training program has: (i) Misrepresented the contents of atraining course to EPA and/or the student population.(ii) Failed to submit required information or notifications in a timely

manner. (iii) Failed to maintain required
records. (iv) Falsified accreditation records,instructor qualifications, or other accreditation-related information or documentation.(v) Failed to comply with the training standards and requirements in this
section. (vi) Failed to comply with Federal,State, or local lead-based paint statutes or regulations.(vii) Made false or misleading statements to EPA in its application for accreditation or re-accreditation whichEPA relied upon in approving the application. (2) In addition to an administrativeor judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (h) Procedures for suspension, revocation or modification of training program
accreditation. (1) Prior to taking actionto suspend, revoke, or modify the accreditation of a training program, EPAshall notify the affected entity in writing of the following: (i) The legal and factual basis for thesuspension, revocation, or modification. (ii) The anticipated commencement date and duration of the suspension, revocation, or modification.(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or
to receive accreditation in the future. (iv) The opportunity and method for requesting a hearing prior to final EPAaction to suspend, revoke or modify accreditation. (v) Any additional information, as appropriate, which EPA may provide.(2) If a hearing is requested by the accredited training program, EPA shall:(i) Provide the affected entity an opportunity to offer written statements in response to EPA’s assertions of the legal and factual basis for its proposed action, and any other explanations,comments, and arguments it deems relevant to the proposed action. (ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. (iii) Appoint an official of EPA asPresiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific matter. (3) The Presiding Officer appointed pursuant to paragraph (h)(2) of this
section shall:(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing. (ii) Consider all relevant evidence, explanation, comment, and argument
submitted. (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action which may be subject to judicial
review. (4) If EPA determines that the public health, interest, or welfare warrantsimmediate action to suspend the accreditation of any training program prior to the opportunity for a hearing,
it shall:(i) Notify the affected entity of its intent to immediately suspend training program accreditation for the reasonslisted in paragraph (g)(1) of this section. If a suspension, revocation, or modification notice has not previously been issued pursuant to paragraph


(g)(1) of this section, it shall be issuedat the same time the emergency suspension notice is issued.(ii) Notify the affected entity in writing of the grounds for the immediate suspension and why it is necessary tosuspend the entity’s accreditation before an opportunity for a suspension, revocation or modification hearing. (iii) Notify the affected entity of the anticipated commencement date and duration of the immediate suspension. (iv) Notify the affected entity of itsright to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by EPA under this section, any transcripts or other verbatim record of oral testimony, and any documents filed by an accredited training program in a hearing under this section shall beavailable to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any suchhearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title. (6) The public shall be notified of the suspension, revocation, modification or reinstatement of a training program’s accreditation through appropriate
mechanisms.(7) EPA shall maintain a list of parties whose accreditation has been suspended, revoked, modified or reinstated. (i) Training program recordkeeping requirements. (1) Accredited training programs shall maintain, and make available to EPA, upon request, the following records:(i) All documents specified in paragraph (c)(4) of this section that demonstrate the qualifications listed inparagraphs (c)(1) and (c)(2) 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 assessment is conducted including, but not limited to: (A) Who conducts the assessment. (B) How the skills are graded. (C) What facilities are used. (D) The pass/fail rate.(v) The quality control plan as described in paragraph (c)(9) of this section. (vi) Results of the students’ hands-on skills assessments and course tests,
and a record of each student’s course completion certificate. (vii) Any other material not listed above in paragraphs (i)(1)(i) through(i)(1)(vi) of this section that was submitted to EPA as part of the program’s application for accreditation. (2) The training program shall retain these records at the address specified on the training program accreditationapplication (or as modified in accordance with paragraph (i)(3) of this section for a minimum of 3 years and 6
months. (3) The training program shall notify EPA in writing within 30 days of changing the address specified on itstraining program accreditation application or transferring the records from
that address.

[61 FR 45813, Aug. 29, 1996, as amended at 64 FR 31098, June 9, 1999; 69 FR 18495, Apr. 8, 2004; 73 FR 21766, Apr. 22, 2008]

§ 745.226 Certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities.

(a) Certification of individuals. (1) Individuals seeking certification by EPA to engage in lead-based paint activities
must either: (i) Submit to EPA an applicationdemonstrating that they meet the requirements established in paragraphs(b) or (c) of this section for the particular discipline for which certification is sought; or (ii) Submit to EPA an application with a copy of a valid lead-based paint activities certification (or equivalent) from a State or Tribal program that has been authorized by EPA pursuant to subpart Q of this part. (2) Individuals may first apply toEPA for certification to engage in leadVerDate Nov<24>2008 13:55 Aug 11, 2009 Jkt 217172 PO 00000 Frm 00647 Fmt 8010 Sfmt 8010 Y:\SGML\217172.XXX 217172cprice-sewell on DSKDVH8Z91PROD with CFR638 40 CFR Ch. I (7–1–09 Edition) § 745.226

based paint activities pursuant to this section on or after March 1, 1999. (3) Following the submission of an application demonstrating that all the requirements of this section have been meet, EPA shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate. (4) Upon receiving EPA certification, individuals conducting lead-based paint activities shall comply with the work practice standards for performingthe appropriate lead-based paint activities as established in §745.227. (5) It shall be a violation of TSCA for an individual to conduct any of the lead-based paint activities described in§745.227 after March 1, 2000, if that individual has not been certified by EPA pursuant to this section to do so.(6) Individuals applying for certification must submit the appropriate fees in accordance with §745.238. (b) Inspector, risk assessor or supervisor. (1) To become certified by EPA asan inspector, risk assessor, or supervisor, pursuant to paragraph (a)(1)(i) of this section, an individual must:(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training

program. (ii) Pass the certification exam in the appropriate discipline offered by EPA; and,(iii) Meet or exceed the following experience and/or education requirements: (A) Inspectors. ( 1 ) No additional experience and/or education requirements. ( 2 ) [Reserved] (B) Risk assessors. ( 1 ) Successful completion of an accredited training course for inspectors; and ( 2 ) Bachelor’s degree and 1 year of experience in a related field (e.g., lead, asbestos, environmental remediationwork, or construction), or an Associates degree and 2 years experience in arelated field (e.g., lead, asbestos, environmental remediation work, or construction); or ( 3 ) Certification as an industrial hygienist, professional engineer, registered architect and/or certification ina related engineering/health/environmental field (e.g., safety professional, environmental scientist); or ( 4 ) A high school diploma (or equivalent), and at least 3 years of experience in a related field (e.g., lead, asbestos,
environmental remediation work or construction). (C) Supervisor: ( 1 ) One year of experience as a certified lead-based paint abatement worker; or ( 2 ) At least 2 years of experience in arelated field (e.g., lead, asbestos, or environmental remediation work) or in the building trades. (2) The following documents shall berecognized by EPA as evidence of meeting the requirements listed in (b)(2)(iii) of this paragraph: (i) Official academic transcripts or diploma, as evidence of meeting the education requirements. (ii) Resumes, letters of reference, or documentation of work experience, asevidence of meeting the work experience requirements. (iii) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. (3) In order to take the certification examination for a particular discipline
an individual must:(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training

program. (ii) Meet or exceed the education and/or experience requirements in paragraph (b)(1)(iii) of this section. (4) The course completion certificate
shall serve as interim certification for
an individual until the next available opportunity to take the certification
exam. Such interim certification shall expire 6 months after issuance.(5) After passing the appropriate certification exam and submitting an application demonstrating that he/shemeets the appropriate training, education, and/or experience prerequisites described in paragraph (b)(1) of this section, an individual shall be issued acertificate by EPA. To maintain certification, an individual must be recertified as described in paragraph (e)
of this section.


(6) An individual may take the certification exam no more than three times within 6 months of receiving a course completion certificate. (7) If an individual does not pass the
certification 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 reapplying for certification from EPA. (c) Abatement worker and project designer. (1) To become certified by EPAas an abatement worker or project designer, pursuant to paragraph (a)(1)(i) of this section, an individual must:(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training

program.(ii) Meet or exceed the following additional experience and/or education requirements: (A) Abatement workers. ( 1 ) No additional experience and/or education requirements. ( 2 ) [Reserved] (B) Project designers. ( 1 ) Successful completion of an accredited training course for supervisors. ( 2 ) Bachelor’s degree in engineering, architecture, or a related profession, and 1 year of experience in building construction and design or a related field; or ( 3 ) Four years of experience in building construction and design or a related field. (2) The following documents shall berecognized by EPA as evidence of meeting the requirements listed in this paragraph: (i) Official academic transcripts or diploma, as evidence of meeting the education requirements. (ii) Resumes, letters of reference, or documentation of work experience, asevidence of meeting the work experience requirements. (iii) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. (3) The course completion certificate
shall serve as an interim certification
until certification from EPA is received, but shall be valid for no morethan 6 months from the date of completion. (4) After successfully completing theappropriate training courses and meeting any other qualifications described in paragraph (c)(1) of this section, an
individual shall be issued a certificate from EPA. To maintain certification,
an individual must be re-certified asdescribed in paragraph (e) of this section. (d) Certification based on prior training.(1) Any individual who received training in a lead-based paint activity between October 1, 1990, and March 1, 1999 shall be eligible for certification by EPA under the alternative procedurescontained in this paragraph. Individuals who have received lead-basedpaint activities training at an EPA-authorized State or Tribal accredited training program shall also be eligiblefor certification by EPA under the following alternative procedures: (i) Applicants for certification as an inspector, risk assessor, or supervisor
shall: (A) Demonstrate that the applicant has successfully completed training or on-the-job training in the conduct of a lead-based paint activity. (B) Demonstrate that the applicant
meets or exceeds the education and/or experience requirements in paragraph (b)(1)(iii) of this section.(C) Successfully complete an accredited refresher training course for the appropriate discipline.(D) Pass a certification exam administered by EPA for the appropriate discipline. (ii) Applicants for certification as an abatement worker or project designer
shall: (A) Demonstrate that the applicant has successfully completed training or on-the-job training in the conduct of a lead-based paint activity. (B) Demonstrate that the applicant meets the education and/or experience requirements in paragraphs (c)(1) of this section; and(C) Successfully complete an accredited refresher training course for the appropriate discipline. (2) Individuals shall have until March1, 2000, to apply to EPA for certification under the above procedures.


After that date, all individuals wishing
to obtain certification must do so through the procedures described in paragraph (a), and paragraph (b) or (c)of this section, according to the discipline for which certification is being sought. (e) Re-certification. (1) To maintain certification in a particular discipline, a certified individual shall apply to andbe re-certified by EPA in that discipline by EPA either: (i) Every 3 years if the individual completed a training course with a course test and hands-on assessment;

or (ii) Every 5 years if the individualcompleted a training course with a proficiency test. (2) An individual shall be re-certified if the individual successfully completes the appropriate accredited refresher training course and submits a valid copy of the appropriate refresher course completion certificate.(3) Individuals applying for re-certification must submit the appropriate fees in accordance with §745.238. (f) Certification of firms. (1) All firms which perform or offer to perform anyof the lead-based paint activities described in §745.227 after March 1, 2000, shall be certified by EPA. (2) A firm seeking certification shall submit to EPA a letter attesting thatthe firm shall only employ appropriately certified employees to conduct lead-based paint activities, and that the firm and its employees shall follow the work practice standards in §745.227for conducting lead-based paint activities. (3) From the date of receiving the firm’s letter requesting certification, EPA shall have 90 days to approve ordisapprove the firm’s request for certification. Within that time, EPA shallrespond with either a certificate of approval or a letter describing the reasons for a disapproval. (4) The firm shall maintain all records pursuant to the requirements in §745.227. (5) Firms may first apply to EPA for certification to engage in lead-basedpaint activities pursuant to this section on or after March 1, 1999. (6) Firms applying for certificationmust submit the appropriate fees in accordance with §745.238. (7) To maintain certification a firmshall submit appropriate fees in accordance with §745.238 every 3 years. (g) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities. (1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify
an individual’s certification if an individual has: (i) Obtained training documentation through fraudulent means.(ii) Gained admission to and completed an accredited training programthrough misrepresentation of admission requirements. (iii) Obtained certification throughmisrepresentation of certification requirements or related documents dealing 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 individual’s own certificate by
another.(vi) Performed work for which certification is required, but for which appropriate certification has not been received.(vii) Failed to comply with the appropriate work practice standards for lead-based paint activities at §745.227. (viii) Failed to comply with Federal,State, or local lead-based paint statutes or regulations. (2) In addition to an administrativeor judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of
an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. (h) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities. (1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify a
firm’s certification if a firm has:(i) Performed work requiring certification at a job site with individuals
who are not certified. (ii) Failed to comply with the work practice standards established in §745.227.


(iii) Misrepresented facts in its letter of application for certification to EPA. (iv) Failed to maintain required
records. (v) Failed to comply with Federal,State, or local lead-based paint statutes or regulations. (2) In addition to an administrativeor judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of
an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. (i) Procedures for suspension, revocation, or modification of the certification of individuals or firms

. (1) If EPA decides to suspend, revoke,or modify the certification of any individual or firm, it shall notify the affected entity in writing of the following: (i) The legal and factual basis for thesuspension, revocation, or modification.(ii) The commencement date and duration of the suspension, revocation, or
modification.(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification or
to receive certification in the future. (iv) The opportunity and method for requesting a hearing prior to final EPA action to suspend, revoke, or modify
certification. (v) Any additional information, as appropriate, which EPA may provide. (2) If a hearing is requested by the certified individual or firm, EPA shall:(i) Provide the affected entity an opportunity to offer written statements in response to EPA’s assertion of the legal and factual basis and any otherexplanations, comments, and arguments it deems relevant to the proposed action. (ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. (iii) Appoint an official of EPA asPresiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific matter. (3) The Presiding Officer shall: (i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing; (ii) Consider all relevant evidence, explanation, comment, and argument submitted; and (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and
order. Such an order is a final EPA action subject to judicial review. (4) If EPA determines that the public health, interest, or welfare warrantsimmediate action to suspend the certification of any individual or firm prior to the opportunity for a hearing,
it shall:(i) Notify the affected entity of its intent to immediately suspend certification for the reasons listed in paragraph (h)(1) of this section. If a suspension, revocation, or modification notice has not previously been issued, it
shall be issued at the same time the immediate suspension notice is issued.(ii) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why itis necessary to suspend the entity’s accreditation before an opportunity for a hearing to suspend, revoke, or modify
the individual’s or firm’s certification. (iii) Notify the affected entity of the
commencement date and duration of the immediate suspension. (iv) Notify the affected entity of itsright to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or orderissued by EPA under this section, transcript or other verbatim record of oral testimony, and any documents filed by
a certified individual or firm in a hearing under this section shall be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented shall be open to the public, except that thePresiding Officer may exclude the public to the extent necessary to allow presentation of information which may
be entitled to confidential treatment


under section 14 of TSCA or part 2 of
this title.

[61 FR 45813, Aug. 29, 1996, as amended at 64 FR 31098, June 9, 1999; 64 FR 42851, Aug. 6, 1999]

§ 745.227 Work practice standards forconducting lead-based paint activities: target housing and child-occupied facilities.

(a) Effective date, applicability, and

terms. (1) Beginning on March 1, 2000, all lead-based paint activities shall beperformed pursuant to the work practice standards contained in this section. (2) When performing any lead-basedpaint activity described by the certified individual as an inspection, leadhazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with the appropriate requirements
below. (3) Documented methodologies that are appropriate for this section arefound in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA
Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, andLead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocolsfor Dust and Soil Sampling (EPA report number 7474–R–95–001); Regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and quidelines. (4) Clearance levels are appropriate for the purposes of this section may be
found in the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminiated Soil or other equivalent guidelines. (b) Inspection. (1) An inspection shall be conducted only by a person certified by EPA as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph. (2) When conducting an inspection,the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint: (i) In a residential dwelling andchild-occupied facility, each component with a distinct painting history and each exterior component with adistinct painting history shall be tested for lead-based paint, except those components that the inspector or risk
assessor determines to have been replaced after 1978, or to not contain lead-based paint; and (ii) In a multi-family dwelling orchild-occupied facility, each component with a distinct painting history inevery common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.(3) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the presence of lead shall be conducted using documentedmethodologies which incorporate adequate quality control procedures; and/

or (ii) All collected paint chip samplesshall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically.(4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following
information: (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 owner or owners of each residential dwelling or child-occupied facility.(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 applicable. (viii) Each testing method and device and/or sampling procedure employed for paint analysis, including quality control 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.(x) The results of the inspection expressed in terms appropriate to the sampling method used. (c) Lead hazard screen. (1) A lead hazard screen shall be conducted only by aperson certified by EPA as a risk assessor. (2) If conducted, a lead hazard screen
shall be conducted as follows:(i) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and
under shall be collected.(ii) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to: (A) Determine if any deteriorated paint is present, and (B) Locate at least two dust sampling
locations. (iii) If deteriorated paint is present, each surface 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, twocomposite dust samples shall be collected, one from the floors and theother from the windows, in rooms, hallways or stairwells where one or more children, age 6 and under, are most likely to come in contact with dust. (v) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in paragraph (c)(1)(iii) 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 contact with dust. (3) Dust samples shall be collected and analyzed in the following manner: (i) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures. (ii) All collected dust samples shall be analyzed according to paragraph (f) of this section to determine if they
contain detectable levels of lead that can be quantified numerically. (4) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the presence of lead shall be conducted using documentedmethodologies which incorporate adequate quality control procedures; and/

or (ii) All collected paint chip samplesshall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. (5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information: (i) The information required in a riskassessment report as specified in paragraph (d) of this section, including paragraphs (d)(11)(i) through (d)(11)(xiv), and excluding paragraphs (d)(11)(xv) through (d)(11)(xviii) of this section. Additionally, any background information collected pursuant to paragraph (c)(2)(i) of this section shall
be included in the risk assessment report; and (ii) Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions. (d) Risk assessment. (1) A risk assessment shall be conducted only by a person certified by EPA as a risk assessor and, if conducted, must be conducted according to the procedures in this paragraph.(2) A visual inspection for risk assessment of the residential dwelling orchild-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards.(3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years and
under shall be collected. (4) The following surfaces which aredetermined, using documented methodologies, to have a distinct painting 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 deteriorated paint.


(5) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in allliving areas where one or more children, age 6 and under, are most likely
to come into contact with dust. (6) For multi-family dwellings and child-occupied facilities, the samplesrequired in paragraph (d)(4) of this section shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surfacesamples) shall be collected and analyzed for lead concentration in the following locations: (i) Common areas adjacent to thesampled residential dwelling or childoccupied facility; and(ii) Other common areas in the building where the risk assessor determines that one or more children, age 6 and under, are likely to come into contact
with dust.(7) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surfacesamples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age 6 and under,
and in other common areas in the child-occupied facility where one or more children, age 6 and under, are likely to come into contact with dust. (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (i) Exterior play areas where bare soil is present; and(ii) The rest of the yard (i.e., nonplay areas) where bare soil is present. (iii) Dripline/foundation areas where bare soil is present. (9) Any paint, dust, or soil samplingor testing shall be conducted using documented methodologies that incorporate adequate quality control procedures. (10) Any collected paint chip, dust, orsoil samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. (11) The certified risk assessor shall prepare a risk assessment report which shall include the following information: (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 owner of each building.(vi) Name, signature, and certification of the certified risk assessor conducting the assessment. (vii) Name, address, and telephone number of the certified firm employingeach certified risk assessor if applicable. (viii) Name, address, and telephone number of each recognized laboratoryconducting analysis of collected samples. (ix) Results of the visual inspection.(x) Testing method and sampling procedure for paint analysis employed. (xi) Specific locations of each painted component tested for the presence of
lead. (xii) All data collected from on-site testing, including quality control data and, if used, the serial number of any
XRF device.(xiii) All results of laboratory analysis on collected paint, soil, and dust samples. (xiv) Any other sampling results. (xv) Any background information collected pursuant to paragraph (d)(3)
of this section. (xvi) To the extent that they are used as part of the lead-based paint hazarddetermination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint-related
hazards. (xvii) A description of the location,type, and severity of identified leadbased paint hazards and any other potential lead hazards.(xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazard anda suggested prioritization for addressing each hazard. If the use of anencapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or
enclosure.


(e) Abatement. (1) An abatement shallbe conducted only by an individual certified by EPA, and if conducted, shallbe conducted according to the procedures in this paragraph. (2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup
of work areas. At all other times whenabatement activities are being conducted, the certified 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. (3) The certified supervisor and thecertified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and allother Federal, State and local requirements. (4) A certified firm must notify EPAof lead-based paint abatement activities as follows: (i) Except as provided in paragraph (e)(4)(ii) of this section, EPA must be notified prior to conducting lead-basedpaint abatement activities. The original notification must be received by EPA at least 5 business days before the start date of any lead-based paint
abatement activities. (ii) Notification for lead-based paintabatement activities required in response to an elevated blood lead level (EBL) determination, or Federal, State, Tribal, or local emergency abatement order should be received by EPA as early as possible before, but
must be received no later than the start date of the lead-based paint
abatement activities. Should the start date and/or location provided to EPA change, an updated notification must be received by EPA on or before thestart date provided to EPA. Documentation showing evidence of an EBL determination or a copy of the Federal/State/Tribal/local emergency abatement order must be included in the written notification to take advantage of this abbreviated notification period. (iii) Except as provided in paragraph(e)(4)(ii) of this section, updated notification must be provided to EPA for lead-based paint abatement activities that will begin on a date other than the start date specified in the original notification, as follows: (A) For lead-based paint abatement activities beginning prior to the startdate provided to EPA an updated notification must be received by EPA at least 5 business days before the new
start date included in the notification. (B) For lead-based paint abatement activities beginning after the startdate provided to EPA an updated notification must be received by EPA on or before the start date provided to EPA. (iv) Except as provided in paragraph(e)(4)(ii) of this section, updated notification must be provided to EPA for any change in location of lead-based paint abatement activities at least 5 business days prior to the start date provided to EPA.(v) Updated notification must be provided to EPA when lead-based paint abatement activities are canceled, or when there are other significant changes including, but not limited to, when the square footage or acreage to be abated changes by more than 20%.This updated notification must be received by EPA on or before the start date provided to EPA, or if work has already begun, within 24 hours of the change. (vi) The following must be included
in each notification:(A) Notification type (original, updated, cancellation). (B) Date when lead-based paint
abatement activities will start.(C) Date when lead-based paint abatement activities will end (approximation using best professional judgement). (D) Firm’s name, EPA certification number, address, telephone number.(E) Type of building (e.g., single family dwelling, multi-family dwelling, child-occupied facilities) on/in which 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 determination or a copy of
the Federal/State/Tribal/local emergency abatement order, if using the abbreviated time period as described in paragraph (e)(4)(ii) of this section.


(I) Name and EPA certification number of the project supervisor.(J) Approximate square footage/acreage to be abated. (K) Brief description of abatement activities to be performed. (L) Name, title, and signature of the representative of the certified firm who prepared the notification.(vii) Notification must be accomplished using any of the followingmethods: Written notification, or electronically using the Agency’s CentralData Exchange (CDX). Written notification can be accomplished using either the sample form titled ‘‘Notification of Lead-Based Paint Abatement Activities’’ or similar form containing the information required in paragraph(e)(4)(vi) of this section. All written notifications must be delivered by U.S.Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they shouldallow 3 additional business days for delivery in order to ensure that EPA receives the notification by the required date). Instructions and sample forms
can be obtained from the NLIC at 1– 800–424–LEAD(5323), or on the Internet
at http://www.epa.gov/lead

.(viii) Lead-based paint abatement activities shall not begin on a date, or at a location other than that specified ineither an original or updated notification, in the event of changes to the original notification.(ix) No firm or individual shall engage in lead-based paint abatement activities, as defined in §745.223, prior tonotifying EPA of such activities according to the requirements of this paragraph. (5) A written occupant protectionplan shall be developed for all abatement projects and shall be prepared according to the following procedures: (i) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement.The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the buildingoccupants from exposure to any leadbased paint hazards. (ii) A certified supervisor or project designer shall prepare the occupant protection plan. (6) The work practices listed below shall be restricted during an abatement
as follows: (i) Open-flame burning or torching of lead-based paint is prohibited; (ii) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency ParticulateAir (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency; (iii) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than 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 leadbased paint is permitted only at temperatures below 1100 degrees Fahrenheit. (7) If conducted, soil abatement shall be conducted in one of the following

ways: (i) If the soil is removed: (A) The soil shall be replaced by soil
with a lead concentration as close to local background as practicable, but no greater than 400 ppm. (B) The soil that is removed shall notbe used as top soil at another residential property or child-occupied facility. (ii) If soil is not removed, the soilshall be permanently covered, as defined in §745.223. (8) The following post-abatementclearance procedures shall be performed only by a certified inspector or
risk assessor: (i) Following an abatement, a visualinspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debrisor residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.


(ii) Following the visual inspectionand any post-abatement cleanup required by paragraph (e)(8)(i) of this section, clearance sampling for lead in
dust shall be conducted. Clearancesampling may be conducted by employing single-surface sampling or composite sampling techniques.(iii) Dust samples for clearance purposes shall be taken using documentedmethodologies that incorporate adequate quality control procedures.(iv) Dust samples for clearance purposes shall be taken a minimum of 1hour after completion of final postabatement cleanup activities. (v) The following post-abatement
clearance activities shall be conducted as appropriate based upon the extent or
manner of abatement activities conducted in or to the residential dwelling or child-occupied facility: (A) After conducting an abatement
with containment 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 containment area. In addition, one dust sample shall be taken
from the 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 four rooms, hallways or stairwellsin the residential dwelling or child-occupied facility. One dust sample shall
be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell
selected. If there are less than four rooms, hallways or stairwells withinthe residential dwelling or child-occupied facility then all rooms, hallways or stairwells shall be sampled. (C) Following an exterior paint abatement, a visible inspection shall be
conducted. All horizontal surfaces in the outdoor living area closest to the
abated surface shall be found to be
cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next tothe foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, State and local requirements.(vi) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies. (vii) The certified inspector or risk assessor shall compare the residuallead level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in paragraph (e)(8)(viii) of this section for lead in dust on floors, interior window sills, and window troughs or from eachcomposite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in asingle surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a compositedust sample equals or exceeds the applicable clearance level divided by halfthe number of subsamples in the composite sample, the components represented by the failed sample shall be
recleaned and retested. (viii) The clearance levels for lead in
dust are 40 μ g/ft 2 for floors, 250 μ g/ft 2 for interior window sills, and 400 μ g/ft 2 for window troughs. (9) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for 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 will be selected for the random sample. (ii) A sufficient number of residentialdwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomlysampled population exceed the appropriate clearance levels.(iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to


the procedures found in paragraph (e)(8) of this section. (10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement reportshall include the following information: (i) Start and completion dates of
abatement.(ii) The name and address of each certified firm conducting the abatementand the name of each supervisor assigned to the abatement project. (iii) The occupant protection plan prepared pursuant to paragraph (e)(5)
of this section. (iv) The name, address, and signature
of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing. (v) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses. (vi) A detailed written description of the abatement, including abatement methods used, locations of rooms and/or components where abatement occurred, reason for selecting particularabatement methods for each component, and any suggested monitoring of encapsulants or enclosures. (f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this
section shall be: (1) Collected by persons certified by EPA as an inspector or risk assessor;
and(2) Analyzed by a laboratory recognized by EPA pursuant to section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (g) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified inparagraphs (c) through (e) of this section. If such sampling is conducted, the following conditions shall apply:(1) Composite dust samples shall consist of at least two subsamples; (2) Every component that is being
tested shall be included in the sampling; and (3) Composite dust samples shall not consist of subsamples from more than one type of component. (h) Determinations. (1) Lead-based paint is present: (i) On any surface that is tested andfound to contain 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. (2) A paint-lead hazard is present: (i) On any friction surface that is subject to abrasion and where the lead
dust levels on the nearest horizontal
surface underneath the friction surface (e.g., the window sill or floor) are equalto or greater than the dust hazard levels identified in §745.227(b); (ii) On any chewable lead-based paint
surface on which there is evidence of teeth marks; (iii) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is cause byimpact from a related building component (such as a door knob that knocks
into a wall or a door that knocks against its door frame; and (iv) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility oron the exterior of any residential building or child-occupied facility. (3) A dust-lead hazard is present in a residential dwelling or child occupied facility: (i) In a residential dwelling on floors
and interior window sills when the weighted arithmetic mean lead loadingfor all single surface or composite samples of floors and interior window sills are equal to or greater than 40 μ g/ft 2 for
floors and 250 μ g/ft 2 for interior window sills, respectively; (ii) On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and (iii) On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.


(4) A soil-lead hazard is present: (i) In a play area when the soil-lead concentration 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 concentrationfrom a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million. (i) Recordkeeping. All reports or plansrequired in this section shall be maintained by the certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or individual also shall provide copies of these reports to the building owner
who contracted for its services.

[61 FR 45813, Aug. 29, 1996, as amended at 64 FR 42852, Aug. 6, 1999; 66 FR 1239, Jan. 5, 2001; 69 FR 18496, Apr. 8, 2004]

§ 745.228 Accreditation of training programs: public and commercialbuildings, bridges and superstructures. [Reserved]

§ 745.229 Certification of individuals and firms engaged in lead-basedpaint activities: public and commercial buildings, bridges and superstructures. [Reserved]

§ 745.230 Work practice standards forconducting lead-based paint activities: public and commercial buildings, bridges and superstructures. [Reserved]

§ 745.233 Lead-based paint activities requirements.

Lead-based paint activities, as defined in this part, shall only be conducted according to the procedures and work practice standards contained in §745.227 of this subpart. No individualor firm may offer to perform or perform any lead-based paint activity as defined in this part, unless certified to perform that activity according to the procedures in §745.226.

§ 745.235 Enforcement.

(a) Failure or refusal to comply with any requirement of §§745.225, 745.226, 745.227, or 745.233 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (b) Failure or refusal to establish,maintain, provide, copy, or permit access to records or reports as requiredby §§745.225, 745.226, or 745.227 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (c) Failure or refusal to permit entry or inspection as required by §745.237 and section 11 of TSCA (15 U.S.C. 2610) is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689).(d) In addition to the above, any individual or firm that performs any of the following acts shall be deemed to havecommitted a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). These include the following: (i) Obtaining certification through fraudulent representation; (ii) Failing to obtain certificationfrom EPA and performing work requiring certification at a job site; or(iii) Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification. (e) Violators are subject to civil and criminal sanctions pursuant to section16 of TSCA (15 U.S.C. 2615) for each violation.

§ 745.237 Inspections.

EPA may conduct reasonable inspections pursuant to the provisions of section 11 of TSCA (15 U.S.C. 2610) to ensure compliance with this subpart.

§ 745.238 Fees for accreditation andcertification of lead-based paint activities.

(a) Purpose. To establish and impose
fees for certified individuals and firms engaged in lead-based paint activitiesand persons operating accredited training programs under section 402(a) of
the Toxic Substances Control Act (TSCA). (b) Persons who must pay fees. Fees in accordance with paragraph (c) of this section must be paid by: (1) Training programs. (i) All non-exempt training programs applying to
EPA for the accreditation and re-accreditation of training programs in oneor more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement worker. (ii) Exemptions. No fee shall be imposed on any training program operated by a State, federally recognized


Indian Tribe, local government, or nonprofit organization. This exemption does not apply to the certification of
firms or individuals. (2) Firms and individuals. All firms and individuals seeking certification
and re-certification from EPA to engage in lead-based paint activities in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement
worker. (c) Fee amounts —(1) Certification and accreditation fees. Initial and renewal
certification and accreditation fees are specified in the following table:

Training Program Accreditation Re-accreditation (every 4 years,see 40 CFR 745.225(f)(1) for details)

Initial Course Inspector
Risk assessor Supervisor
Worker Project Designer $870 $870 $870 $870 $870 $620 $620 $620 $620 $620

Refresher Course Inspector
Risk assessor Supervisor
Worker Project Designer $690 $690 $690 $690 $690 $580 $580 $580 $580 $580

Lead-based Paint Activities—Individual Certification Re-certification (every 3 years, see40 CFR 745.226(e)(1) for details)

Inspector
Risk assessor Supervisor
Worker Project designer Tribal certification (each discipline) $410 $410 $410 $310 $410 $10 $410 $410 $410 $310 $410 $10

Lead-based Paint Activities—Firm Certification Re-certification (every 3 years, see 40 CFR 745.226(f)(7) for details)

Firm $550 $550
Combined Renovation and Lead-based Paint Activities Firm Application $550 $550

Combined Renovation and Lead-based Paint Activities Tribal Firm Application $20 $20

Tribal Firm $20 $20

(2) Certification examination fee. Individuals required to take a certification exam in accordance with §745.226 will be assessed a fee of $70 for each exam attempt. (3) Multi-jurisdiction registration fee.An individual, firm, or training program certified or accredited by EPAmay wish to provide training or perform lead-based paint activities in additional EPA-administered jurisdictions. A fee of $35 per discipline will be
assessed for each additional EPA-administered jurisdiction in which an individual, firm, or training program applies for certification/re-certification
or accreditation/re-accreditation. Forpurposes of this multi-jurisdiction registration fee, an EPA-administered jurisdiction is either an individual state without an authorized program or allIndian Tribes without authorized programs that are within a given EPA Region. (4) Lost identification card or certificate. A $15 fee shall be charged for replacement of an identification card or certificate. (See replacement procedure in paragraph (e) of this section.) (d) Application/payment procedure —(1) Certification and re-certification in one or more EPA-administered jurisdiction —(i)
Individuals. Submit a completed application (titled ‘‘Application for Individuals to Conduct Lead-based Paint Activities’’), the materials described at


§745.226, and the application fee(s) described in paragraph (c) of this section. (ii) Firms. Submit a completed application (titled ‘‘Application for Firms ’’), the materials described at §745.226, and the application fee(s) described in paragraph (c) of this section. (2) Accreditation and re-accreditation inone or more EPA-administered jurisdiction. Submit a completed application (titled ‘‘Accreditation Application forTraining Programs’’), the materials described at §745.225, and the application fee described in paragraph (c) of this
section. (3) Application forms. Application
forms and instructions can be obtained
from the National Lead Information
Center at: 1–800–424–LEAD. (e) Identification card replacement and certificate replacement. (1) Parties seeking identification card or certificatereplacement shall complete the applicable portions of the appropriate application in accordance with the instructions provided. The appropriate applications are: (i) Individuals. ‘‘Application for Individuals to Conduct Lead-based Paint
Activities.’’ (ii) Firms. ‘‘Application for Firms.’’ (iii) Training programs. ‘‘Accreditation Application for Training Programs.’’ (2) Submit application and payment in the amount specified in paragraph (c)(4) of this section in accordance withthe instructions provided with the application package. (f) Adjustment of fees. (1) EPA will collect fees reflecting the costs associated
with the administration and enforcement of subpart L of this part with the exception of costs associated with theaccreditation of training programs operated by a State, federally recognized Indian Tribe, local government, and nonprofit organization. In order to do this, EPA will periodically adjust thefees to reflect changed economic conditions. (2) The fees will be evaluated based
on the cost to administer and enforcethe program, and the number of applicants. New fee schedules will be published in the F EDERAL R EGISTER

. (g) Failure to remit a fee. (1) EPA willnot provide certification, re-certification, accreditation, or re-accreditation for any individual, firm, or training program which does not remit feesdescribed in paragraph (c) of this section in accordance with the proceduresspecified in paragraph (d) of this section.(2) EPA will not replace identification cards or certificates for any individual, firm, or training program whichdoes not remit fees described in paragraph (c) of this section in accordancewith the procedures specified in paragraph (e) of this section.

[64 FR 31098, June 9, 1999, as amended at 74 FR 11870, Mar. 20, 2009]

§ 745.239 Effective dates.

This subpart L shall apply in any State or Indian Country that does nothave an authorized program under subpart Q, effective August 31, 1998. In such States or Indian Country:(a) Training programs shall not provide, offer or claim to provide training or refresher training for certificationwithout accreditation from EPA pursuant to §745.225 on or after March 1, 1999.(b) No individual or firm shall perform, offer, or claim to perform leadbased paint activities, as defined in this subpart, without certification
from EPA to conduct such activities pursuant to §745.226 on or after March 1, 2000. (c) All lead-based paint activities shall be performed pursuant to the work practice standards contained in §745.227 on or after March 1, 2000.

[61 FR 45813, Aug. 29, 1996, as amended at 64 FR 42852, Aug. 6, 1999]

Subparts M–P [ Reserved ]

Subpart Q—State and Indian Tribal

Programs

S OURCE : 61 FR 45825, Aug. 29, 1996, unless
otherwise noted.

§ 745.320 Scope and purpose.

(a) This subpart establishes the requirements that State or Tribal programs must meet for authorization by
the Administrator to administer and enforce the standards, regulations, or other requirements established under
TSCA section 402 and/or section 406 and establishes the procedures EPA will


follow in approving, revising, and withdrawing approval of State or Tribal

programs. (b) For State or Tribal lead-basedpaint training and certification programs, a State or Indian Tribe may
seek authorization to administer and enforce §§745.225, 745.226, and 745.227. The provisions of §§745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 shall be applicable for the purposes of such program authorization. (c) A State or Indian Tribe may seek
authorization to administer and enforce all of the provisions of subpart E of this part, just the pre-renovation education provisions of subpart E ofthis part, or just the training, certification, accreditation, and work practice provisions of subpart E of this part. The provisions of §§745.324 and 745.326 apply for the purposes of such program authorizations. (d) A State or Indian Tribe applyingfor program authorization may seek either interim approval or final approval of the compliance and enforcementportion of the State or Tribal leadbased paint program pursuant to the procedures at §745.327(a). (e) State or Tribal submissions for program authorization shall complywith the procedures set out in this subpart.(f) Any State or Tribal program approved by the Administrator under this subpart shall at all times comply with the requirements of this subpart.(g) In many cases States will lack authority to regulate activities in Indian Country. This lack of authority does not impair a State’s ability to obtainfull program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor IndianTribe has been granted program authorization by EPA.

[61 FR 45825, Aug. 29, 1996, as amended at 73 FR 21767, Apr. 22, 2008]

§ 745.323 Definitions.

The definitions in subpart A apply tothis subpart. In addition, the definitions in §745.223 and the following definitions apply: Indian Country means (1) all landwithin the limits of any American Indian reservation under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and including rights-of-way runningthroughout the reservation; (2) all dependent Indian communities within the
borders of the United States whetherwithin the original or subsequently acquired territory thereof, and whether within or outside the limits of a State;and (3) all Indian allotments, the Indian titles which have not been extinguished, including rights-of-way running through the same.

Indian Tribe means any Indian Tribe, band, nation, or community recognizedby the Secretary of the Interior and exercising substantial governmental duties and powers.

§ 745.324 Authorization of State or Tribal programs.

(a) Application content and procedures

. (1) Any State or Indian Tribe that
seeks authorization from EPA to administer and enforce the provisions of subpart E or subpart L of this partmust submit an application to the Administrator in accordance with this paragraph. (2) Before developing an application for authorization, a State or Indian Tribe shall disseminate a public notice
of intent to seek such authorization and provide an opportunity for a public hearing. (3) A State or Tribal application shall
include: (i) A transmittal letter from the State Governor or Tribal Chairperson(or equivalent official) requesting program approval. (ii) A summary of the State or Tribal program. This summary will be used to provide notice to residents of the State
or Tribe. (iii) A description of the State or Tribal program in accordance with paragraph (b) of this section. (iv) An Attorney General’s or Tribal Counsel’s (or equivalent) statement in accordance with paragraph (c) of this
section. (v) Copies of all applicable State or Tribal statutes, regulations, standards, and other materials that provide the
State or Indian Tribe with the authority to administer and enforce a leadbased paint program.


(4) After submitting an application, the Agency will publish a F EDERAL R EGISTER notice that contains an announcement of the receipt of the State or Tribal application, the summary of the program as provided by the Stateor Tribe, and a request for public comments to be mailed to the appropriate EPA Regional Office. This comment period shall last for no less than 45days. EPA will consider these comments during its review of the State or Tribal application. (5) Within 60 days of submission of a State or Tribal application, EPA will, if requested, conduct a public hearingin each State or Indian Country seeking program authorization and will
consider all comments submitted at that hearing during the review of the State or Tribal application. (b) Program description. A State or Indian Tribe seeking to administer and enforce a program under this subpartmust submit a description of the program. The description of the State or Tribal program must include: (1)(i) The name of the State or Tribal agency that is or will be responsible foradministering and enforcing the program, the name of the official in thatagency designated as the point of contact with EPA, and addresses and phone numbers where this official can
be contacted. (ii) Where more than one agency is or will be responsible for administering and enforcing the program, the Stateor Indian Tribe must designate a primary agency to oversee and coordinate
administration and enforcement of theprogram and serve as the primary contact with EPA. (iii) In the event that more than oneagency is or will be responsible for administering and enforcing the program,the application must also include a description of the functions to be performed by each agency. The desciption shall explain and how the program will be coordinated by the primary agencyto ensure consistency and effective administration of the within the State or
Indian Tribe. (2) To demonstrate that the State or Tribal program is at least as protective as the Federal program, fulfilling the criteria in paragraph (e)(2)(i) of this section, the State or Tribal application
must include: (i) A description of the program thatdemonstrates that the program contains all of the elements specified in §745.325, §745.326, or both; and (ii) An analysis of the State or Tribal program that compares the program to the Federal program in subpart E or subpart L of this part, or both. This analysis must demonstrate how the program is, in the State’s or IndianTribe’s assessment, at least as protective as the elements in the Federal program at subpart E or subpart L of thispart, or both. EPA will use this analysis to evaluate the protectiveness of the State or Tribal program in makingits determination pursuant to paragraph (e)(2)(i) of this section. (3) To demonstrate that the State orTribal program provides adequate enforcement, fulfilling the criteria in paragraph (e)(2)(ii) of this section, theState or Tribal application must include a description of the State or Tribal lead-based paint compliance andenforcement program that demonstrates that the program contains all of the elements specified at §745.327. This description shall include copies ofall policies, certifications, plans, reports, and other materials that demonstrate that the State or Tribal program contains all of the elements specified at §745.327. (4)(i) The program description for an Indian Tribe shall also include a map, legal description, or other information sufficient to identify the geographical extent of the territory over which the Indian Tribe exercises jurisdiction. (ii) The program description for an
Indian Tribe shall also include a demonstration that the Indian Tribe: (A) Is recognized by the Secretary of
the Interior.(B) has an existing government exercising substantial governmental duties and powers.(C) has adequate civil regulatory jurisdiction (as shown in the Tribal legal certification in paragraph (c)(2) of this section) over the subject matter and entities regulated.(D) is reasonably expected to be capable of administering the Federal program for which it is seeking authorization.


(iii) If the Administrator has previously determined that an Indian Tribe has met the prerequisites in paragraphs (b)(4)(ii)(A) and (B) of this section for another EPA program, theIndian Tribe need provide only that information unique to the lead-based paint program required by paragraphs (b)(4)(ii)(C) and (D) of this section. (c) Attorney General’s statement. (1) A
State or Indian Tribe must submit awritten statement signed by the Attorney General or Tribal Counsel (or equivalent) certifying that the laws and regulations of the State or Indian Tribe provide adequate legal authority
to administer and enforce the State or Tribal program. This statement shallinclude citations to the specific statutes and regulations providing that legal authority. (2) The Tribal legal certification (the equivalent to the Attorney General’s statement) may also be submitted andsigned by an independent attorney retained by the Indian Tribe for representation in matters before EPA or the courts pertaining to the Indian Tribe’sprogram. The certification shall include an assertion that the attorneyhas the authority to represent the Indian Tribe with respect to the Indian Tribe’s authorization application.(3) If a State application seeks approval of its program to operate in Indian Country, the required legal certification shall include an analysis of the applicant’s authority to implement its provisions in Indian Country. Theapplicant shall include a map delineating the area over which it seeks to operate the program. (d) Program certification. (1) At the time of submitting an application, aState may also certify to the Administrator that the State program meetsthe requirements contained in paragraphs (e)(2)(i) and (e)(2)(ii) of this section. (2) If this certification is contained in a State’s application, the program shall be deemed to be authorized by
EPA until such time as the Administrator disapproves the program application or withdraws the program authorization. A program shall not be deemed authorized pursuant to this subpart to the extent that jurisdictionis asserted over Indian Country, including non-member fee lands within an Indian reservation. (3) If the application does not contain such certification, the State programwill be authorized only after the Administrator authorizes the program in accordance with paragraph (e) of this
section. (4) This certification shall take the
form of a letter from the Governor orthe Attorney General to the Administrator. The certification shall reference the program analysis in paragraph (b)(3) of this section as the basis for concluding that the State program is at least as protective as the Federalprogram, and provides adequate enforcement. (e) EPA approval. (1) EPA will fully review and consider all portions of a State or Tribal application. (2) Within 180 days of receipt of a complete State or Tribal application,
the Administrator shall either authorize the program or disapprove the application. The Administrator shall authorize the program, after notice and the opportunity for public commentand a public hearing, only if the Administrator finds that: (i) The State or Tribal program is at least as protective of human health
and the environment as the corresponding Federal program under subpart E or subpart L of this part, or both; and(ii) The State or Tribal program provides adequate enforcement. (3) EPA shall notify in writing the
State or Indian Tribe of the Administrator’s decision to authorize the State or Tribal program or disapprove the State’s or Indian Tribe’s application.(4) If the State or Indian Tribe applies for authorization of State or Tribal programs under both subpart E and subpart L, EPA may, as appropriate, authorize one program and disapprove
the other. (f) EPA administration and enforcement. (1) If a State or Indian Tribe doesnot have an authorized program to administer and enforce subpart L of this part in effect by August 31, 1998, theAdministrator shall, by such date, establish and enforce the provisions of subpart L of this part as the Federalprogram for that State or Indian Country.


(2) If a State or Indian Tribe does nothave an authorized program to administer and enforce the pre-renovation education requirements of subpart E ofthis part by August 31, 1998, the Administrator will, by such date, enforce those provisions of subpart E of this part as the Federal program for that State or Indian Country. If a State or
Indian Tribe does not have an authorized program to administer and enforcethe training, certification and accreditation requirements and work practice standards of subpart E of this part by April 22, 2009, the Administrator will, by such date, enforce those provisions of subpart E of this part as the Federalprogram for that State or Indian Country. (3) Upon authorization of a State or Tribal program, pursuant to paragraph (d) or (e) of this section, it shall be an
unlawful act under sections 15 and 409 of TSCA for any person to fail or refuse to comply with any requirements of such program. (g) Oversight. EPA shall periodically evaluate the adequacy of a State’s orIndian Tribe’s implementation and enforcement of its authorized programs. (h) Reports. Beginning 12 monthsafter the date of program authorization, the primary agency for each
State or Indian Tribe that has an authorized program shall submit a written report to the EPA Regional Administrator for the Region in which the
State or Indian Tribe is located. This report shall be submitted at least once every 12 months for the first 3 years after program authorization. If thesereports demonstrate successful program implementation, the Agency willautomatically extend the reporting interval to every 2 years. If the subsequent reports demonstrate problems with implementation, EPA will require a return to annual reporting until thereports demonstrate successful program implementation, at which time the Agency will extend the reporting interval to every 2 years.The report shall include the following information: (1) Any significant changes in the
content or administration of the State or Tribal program implemented since the previous reporting period; and (2) All information regarding thelead-based paint enforcement and compliance activities listed at §745.327(d)‘‘Summary on Progress and Performance.’’ (i) Withdrawal of authorization. (1) If
EPA concludes that a State or IndianTribe is not administering and enforcing an authorized program in compliance with the standards, regulations, and other requirements of sections 401 through 412 of TSCA and this subpart,the Administrator shall notify the primary agency for the State or IndianTribe in writing and indicate EPA’s intent to withdraw authorization of the

program. (2) The Notice of Intent to Withdraw
shall: (i) Identify the program aspects thatEPA believes are inadequate and provide a factual basis for such findings.(ii) Include copies of relevant documents. (iii) Provide an opportunity for the State or Indian Tribe to respond eitherin writing or at a meeting with appropriate EPA officials.(3) EPA may request that an informal conference be held between representatives of the State or Indian
Tribe and EPA officials. (4) Prior to issuance of a withdrawal, a State or Indian Tribe may request that EPA hold a public hearing. At this hearing, EPA, the State or Indian Tribe, and the public may present factsbearing on whether the State’s or Indian Tribe’s authorization should be
withdrawn.(5) If EPA finds that deficiencies warranting withdrawal did not exist or were corrected by the State or Indian Tribe, EPA may rescind its Notice of
Intent to Withdraw authorization. (6) Where EPA finds that deficiencies in the State or Tribal program existthat warrant withdrawal, an agreement to correct the deficiencies shallbe jointly prepared by the State or Indian Tribe and EPA. The agreement
shall describe the deficiencies found in the program, specify the steps the
State or Indian Tribe has taken or will take to remedy the deficiencies, and establish a schedule, no longer than 180 days, for each remedial action to be
initiated.


(7) If the State or Indian Tribe does not respond within 60 days of issuance
of the Notice of Intent to Withdraw or an agreement is not reached within 180 days after EPA determines that aState or Indian Tribe is not in compliance with the Federal program, theAgency shall issue an order withdrawing the State’s or Indian Tribe’s
authorization.(8) By the date of such order, the Administrator will establish and enforce the provisions of subpart E or subpart L of this part, or both, as the Federalprogram for that State or Indian Country.

[61 FR 45825, Aug. 29, 1996, as amended at 73 FR 21767, Apr. 22, 2008]

§ 745.325 Lead-based paint activities:State and Tribal program requirements.

(a) Program elements. To receive authorization from EPA, a State or Tribal program must contain at least thefollowing program elements for leadbased paint activities: (1) Procedures and requirements for the accreditation of lead-based paint activities training programs. (2) Procedures and requirements for the certification of individuals engaged in lead-based paint activities. (3) Work practice standards for the conduct of lead-based paint activities. (4) Requirements that all lead-basedpaint activities be conducted by appropriately certified contractors. (5) Development of the appropriate infrastructure or government capacityto effectively carry out a State or Tribal program. (b) Accreditation of training programs.
The State or Indian Tribe must have
either: (1) Procedures and requirements for the accreditation of training programs
that establish:(i) Requirements for the accreditation of training programs, including
but not limited to:(A) Training curriculum requirements. (B) Training hour requirements. (C) Hands-on training requirements.(D) Trainee competency and proficiency requirements.(E) Requirements for training program quality control. (ii) Procedures for the re-accreditation of training programs. (iii) Procedures for the oversight of training programs. (iv) Procedures for the suspension, revocation, or modification of training program accreditations; or (2) Procedures or regulations, for thepurposes of certification, for the acceptance of training offered by an accredited training provider in a State or Tribe authorized by EPA. (c) Certification of individuals. The
State or Indian Tribe must have requirements for the certification of individuals that: (1) Ensure that certified individuals: (i) Are trained by an accredited training program; and (ii) Possess appropriate education orexperience qualifications for certification.(2) Establish procedures for re-certification. (3) Require the conduct of lead-based paint activities in accordance with work practice standards established by
the State or Indian Tribe.(4) Establish procedures for the suspension, revocation, or modification of
certifications.(5) Establish requirements and procedures for the administration of a thirdparty certification exam. (d) Work practice standards for the conduct of lead-based paint activities. The
State or Indian Tribe must have requirements or standards that ensure that lead-based paint activities are conducted reliably, effectively, andsafely. At a minimum the State’s or Indian Tribe’s work practice standardsfor conducting inspections, risk assessments, and abatements must containthe requirements specified in paragraphs (d)(1), (d)(2), and (d)(3) of this
section. (1) The work practice standards forthe inspection for the presence of leadbased paint must require that: (i) Inspections are conducted only by individuals certified by the appropriate State or Tribal authority to conduct inspections. (ii) Inspections are conducted in a way that identifies the presence of lead-based paint on painted surfaces
within the interior or on the exterior


of a residential dwelling or child-occupied facility. (iii) Inspections are conducted in away that uses documented methodologies that incorporate adequate quality control procedures. (iv) A report is developed that clearlydocuments the results of the inspection.(v) Records are retained by the certified inspector or the firm. (2) The work practice standards for risk assessment must require that: (i) Risk assessments are conductedonly by individuals certified by the appropriate State or Tribal authority to
conduct risk assessments. (ii) Risk assessments are conducted in a way that identifies and reports the presence of lead-based paint hazards. (iii) Risk assessments consist of, at
least: (A) An assessment, including a visualinspection, of the physical characteristics of the residential dwelling or child-occupied facility; (B) Environmental sampling for lead in paint, dust, and soil;(C) Environmental sampling requirements for lead in paint, dust, and soilthat allow for comparison to the standards for lead-based paint hazards established or revised by the State or Indian Tribe pursuant to paragraph (e) of this section; and (D) A determination of the presence of lead-based paint hazards made bycomparing the results of visual inspection and environmental sampling tothe standards for lead-based paint hazards established or revised by the State or Indian Tribe pursuant to paragraph (e) of this section. (iv) The program elements required in paragraph (d)(2)(iii)(C) and (d)(2)(iii)(D) of this section shall beadopted in accordance with the schedule for the demonstration required in paragraph (e) of this section.(v) The risk assessor develops a report that clearly presents the results of
the assessment and recommendations
for the control or elimination of all
identified hazards. (vi) The certified risk assessor or the firm retains the appropriate records. (3) The work practice standards for abatement must require that: (i) Abatements are conducted only by individuals certified by the appropriate State or Tribal authority to conduct or supervise abatements.(ii) Abatements permanently eliminate lead-based paint hazards and areconducted in a way that does not increase the hazards of lead-based paint to the occupants of the dwelling or child-occupied facility.(iii) Abatements include post-abatement lead in dust clearance sampling
and conformance with clearance levels established or adopted by the State or
Indian Tribe.(iv) The abatement contractor develops a report that describes areas of the residential dwelling or child-occupiedfacility abated and the techniques employed.(v) The certified abatement contractor or the firm retains appropriate
records. (e) The State or Indian Tribe must
demonstrate that it has standards for identifying lead-based paint hazards and clearance standards for dust, thatare at least as protective as the standards in §745.227 as amended on February 5, 2001. A State or Indian Tribewith such a section 402 program approved before February 5, 2003 shall
make this demonstration no later than the first report submitted pursuant to §745.324(h) on or after February 5, 2003.
A State or Indian Tribe with such a program submitted but not approved before February 5, 2003 may make thisdemonstration by amending its application or in its first report submittedpursuant to §745.324(h). A State or Indian Tribe submitting its program on or after February 5, 2003 shall make this demonstration in its application.

[61 FR 45825, Aug. 29, 1996, as amended at 66 FR 1240, Jan. 5, 2001]

§ 745.326 Renovation: State and Tribal program requirements.

(a) Program elements . To receive authorization from EPA, a State or Tribal program must contain the following program elements:(1) For pre-renovation education programs, procedures and requirements
for the distribution of lead hazard information to owners and occupants of


target housing and child-occupied facilities before renovations for compensation.(2) For renovation training, certification, accreditation, and work practice standards programs: (i) Procedures and requirements for
the accreditation of renovation anddust sampling technician training programs. (ii) Procedures and requirements for
the certification of renovators and dust sampling technicians. (iii) Procedures and requirements for
the certification of individuals and/or
firms.(iv) Requirements that all renovations be conducted by appropriately
certified individuals and/or firms. (v) Work practice standards for the
conduct of renovations.(3) For all renovation programs, development of the appropriate infrastructure or government capacity to effectively carry out a State or Tribal

program. (b) Pre-renovation education . To be considered at least as protective as the Federal program, the State or Tribal program must:(1) Establish clear standards for identifying renovation activities that trigger the information distribution requirements.(2) Establish procedures for distributing the lead hazard information to owners and occupants of housing andchild-occupied facilities prior to renovation activities. (3) Require that the information tobe distributed include either the pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, developed by EPA under section 406(a) of TSCA, or an alternate pamphlet or package of lead hazard information that has been submitted by the Stateor Tribe, reviewed by EPA, and approved by EPA for that State or Tribe.
Such information must contain renovation-specific information similar to
that in Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, must meet the content requirements prescribed by section 406(a) of TSCA, and must be in
a format that is readable to the diverse audience of housing and child-occupied facility owners and occupants in that
State or Tribe.(i) A State or Tribe with a pre-renovation education program approved before June 23, 2008, must demonstrate that it meets the requirements of this section no later than the first report that it submits pursuant to §745.324(h) on or after April 22, 2009.(ii) A State or Tribe with an application for approval of a pre-renovation education program submitted but not approved before June 23, 2008, mustdemonstrate that it meets the requirements of this section either by amending its application or in the first report that it submits pursuant to §745.324(h) of this part on or after April 22, 2009.(iii) A State or Indian Tribe submitting its application for approval of a pre-renovation education program onor after June 23, 2008, must demonstrate in its application that it meets the requirements of this section. (c) Accreditation of training programs

. To be considered at least as protective as the Federal program, the State orTribal program must meet the requirements of either paragraph (c)(1) or (c)(2) of this section: (1) The State or Tribal program must establish accreditation procedures and requirements, including: (i) Procedures and requirements for the accreditation of training programs, including, but not limited to:(A) Training curriculum requirements. (B) Training hour requirements. (C) Hands-on training requirements.(D) Trainee competency and proficiency requirements.(E) Requirements for training program quality control. (ii) Procedures and requirements forthe re-accreditation of training programs. (iii) Procedures for the oversight of training programs. (iv) Procedures and standards for the suspension, revocation, or modification of training program accreditations; or (2) The State or Tribal program must establish procedures and requirementsfor the acceptance of renovation training offered by training providers accredited by EPA or a State or Tribal program authorized by EPA under this subpart.


(d) Certification of renovator s. To be considered at least as protective as the Federal program, the State or Tribal program must:(1) Establish procedures and requirements for individual certification that
ensure that certified renovators aretrained by an accredited training program.(2) Establish procedures and requirements for re-certification.(3) Establish procedures for the suspension, revocation, or modification of
certifications. (e) Work practice standards for renovations . To be considered at least as protective as the Federal program, the State or Tribal program must establish
standards that ensure that renovations are conducted reliably, effectively, and safely. At a minimum, the State orTribal program must contain the following requirements: (1) Renovations must be conducted only by certified contractors. (2) Renovations are conducted using lead-safe work practices that are at least as protective to occupants as the requirements in § 745.85. (3) Certified contractors must retain appropriate records.

[73 FR 21768, Apr. 22, 2008]

§ 745.327 State or Indian Tribal leadbased paint compliance and enforcement programs.

(a) Approval of compliance and enforcement programs. A State or Indian Tribe seeking authorization of a lead-basedpaint program can apply for and receive either interim or final approval of the compliance and enforcement program portion of its lead-based paintprogram. Indian Tribes are not required to exercise criminal enforcement jurisdiction as a condition for program authorization. (1) Interim approval. Interim approval of the compliance and enforcement program portion of the State or Tribal lead-based paint program may be granted by EPA only once, and subject to a specific expiration date.(i) To be considered adequate for purposes of obtaining interim approval forthe compliance and enforcement program portion of a State or Tribal leadbased paint program, a State or Indian Tribe must, in its application described at §745.324(a):(A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraph (b)
of this section. This demonstration
shall include a statement that theState or Indian Tribe, during the interim approval period, shall carry out alevel of compliance monitoring and enforcement necessary to ensure that the State or Indian Tribe addresses anysignificant risks posed by noncompliance with lead-based paint activity requirements. (B) Present a plan with time frames identified for implementing in the field each element in paragraph (c) of this section. All elements of paragraph (c)of this section must be fully implemented no later than 3 years from the date of EPA’s interim approval of the compliance and enforcement program portion of a State or Tribal lead-basedpaint program. A statement of resources must be included in the Stateor Tribal plan which identifies what resources the State or Indian Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program.(C) Agree to submit to EPA the Summary on Progress and Performance oflead-based paint compliance and enforcement activities as described at paragraph (d) of this section. (ii) Any interim approval granted byEPA for the compliance and enforcement program portion of a State or Tribal lead-based paint program will expire no later than 3 years from the date of EPA’s interim approval. One hundred and eighty days prior to this expiration date, a State or Indian Tribe shall apply to EPA for final approval ofthe compliance and enforcement program portion of a State or Tribal leadbased paint program. Final approval shall be given to any State or IndianTribe which has in place all of the elements of paragraphs (b), (c), and (d) of
this section. If a State or Indian Tribe does not receive final approval for the compliance and enforcement program portion of a State or Tribal lead-based paint program by the date 3 years after the date of EPA’s interim approval, theAdministrator shall, by such date, initiate the process to withdraw the State


or Indian Tribe’s authorization pursuant to §745.324(i). (2) Final approval. Final approval ofthe compliance and enforcement program portion of a State or Tribal leadbased paint program can be granted by EPA either through the application process described at §745.324(a), or, forStates or Indian Tribes which previously received interim approval as described in paragraph (a)(1) of this section, through a separate applicationaddressing only the compliance and enforcement program portion of a State or Tribal lead-based paint program.(i) For the compliance and enforcement program to be considered adequate for final approval through the application described at §745.324(a), aState or Indian Tribe must, in its application:(A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraphs (b) and (c) of this section. (B) Submit a statement of resources
which identifies what resources the
State or Indian Tribe intends to devote
to the administration of its lead-basedpaint compliance and enforcement program.(C) Agree to submit to EPA the Summary on Progress and Performance oflead-based paint compliance and enforcement activities as described at paragraph (d) of this section. (ii) For States or Indian Tribes which previously received interim approval as described in paragraph (a)(1) of this section, in order for the State or Tribal compliance and enforcement programto be considered adequate for final approval through a separate applicationaddressing only the compliance and enforcement program portion of a State or Tribal lead-based paint program, aState or Indian Tribe must, in its application: (A) Demonstrate that it has the legal authority and ability to immediately implement the elements in paragraphs (b) and (c) of this section.(B) Submit a statement which identifies the resources the State or Indian
Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program.(C) Agree to submit to EPA the Summary on Progress and Performance of lead-based paint compliance and enforcement activities as described at paragraph (d) of this section.(D) To the extent not previously submitted through the application described at §745.324(a), submit copies of all applicable State or Tribal statutes,regulations, standards, and other material that provide the State or Indian Tribe with authority to administer andenforce the lead-based paint compliance and enforcement program, and copies of the policies, certifications,plans, reports, and any other documents that demonstrate that the program meets the requirements established in paragraphs (b) and (c) of this
section. (b) Standards, regulations, and authority. The standards, regulations, and authority described in paragraphs (b)(1) through (b)(4) of this section are partof the required elements for the compliance and enforcement portion of aState or Tribal lead-based paint program. (1) Lead-based paint activities and requirements. State or Tribal lead-basedpaint compliance and enforcement programs will be considered adequate if
the State or Indian Tribe demonstrates, in its application at §745.324(a), that it has established a lead-based paint program containing the following requirements:(i) Accreditation of training programs as described at §745.325(b).(ii) Certification of individuals engaged in lead-based paint activities as described at §745.325(c). (iii) Standards for the conduct of lead-based paint activities as described at §745.325(d); and, as appropriate, (iv) Requirements that regulate the
conduct of renovation activities as described at §745.326. (2) Authority to enter. State or Tribal officials must be able to enter, through consent, warrant, or other authority, premises or facilities where lead-based paint activities violations may occur for purposes of conducting inspections. (i) State or Tribal officials must be able to enter premises or facilities where those engaged in training for lead-based paint activities conduct
business.


(ii) For the purposes of enforcing arenovation program, State or Tribal officials must be able to enter a firm’s place of business or work site. (iii) State or Tribal officials musthave authority to take samples and review records as part of the lead-based paint activities inspection process. (3) Flexible remedies. A State or Triballead-based paint compliance and enforcement program must provide for adiverse and flexible array of enforcement remedies. At a minimum, the
remedies that must be reflected in anenforcement response policy must include the following:(i) Warning letters, Notices of Noncompliance, Notices of Violation, or the equivalent; (ii) Administrative or civil actions,including penalty authority (e.g., accreditation or certification suspension, revocation, or modification); and (iii) Authority to apply criminal sanctions or other criminal authority using existing State or Tribal laws, as applicable. (4) Adequate resources. An application
must include a statement that identifies the resources that will be devotedby the State or Indian Tribe to the administration of the State or Triballead-based paint compliance and enforcement program. This statementmust address fiscal and personnel resources that will be devoted to the program. (c) Performance elements. The performance elements described in paragraphs (c)(1) through (c)(7) of this section are part of the required elements for the compliance and enforcement program portion of a State or Tribal lead-based paint program. (1) Training. A State or Tribal leadbased paint compliance and enforcement program must implement a process for training enforcement and inspection personnel and ensure that enforcement personnel and inspectors are well trained. Enforcement personnelmust understand case development procedures and the maintenance of proper case files. Inspectors must successfullydemonstrate knowledge of the requirements of the particular discipline (e.g.,abatement supervisor, and/or abatement worker, and/or lead-based paint inspector, and/or risk assessor, and/or project designer) for which they havecompliance monitoring and enforcement responsibilities. Inspectors must also be trained in violation discovery, methods of obtaining consent, evidence gathering, preservation of evidence andchain-of-custody, and sampling procedures. A State or Tribal lead-basedpaint compliance and enforcement program must also implement a processfor the continuing education of enforcement and inspection personnel. (2) Compliance assistance. A State or Tribal lead-based paint compliance and enforcement program must provide compliance assistance to the publicand the regulated community to facilitate awareness and understanding of and compliance with State or Tribal requirements governing the conduct of lead-based paint activities. The type
and nature of this assistance can be defined by the State or Indian Tribe to achieve this goal. (3) Sampling techniques. A State or Tribal lead-based paint compliance and enforcement program must have the technological capability to ensure compliance with the lead-based paint program requirements. A State or Tribal application for approval of a lead-based paint program must show
that the State or Indian Tribe is technologically capable of conducting alead-based paint compliance and enforcement program. The State or Tribal program must have access to the facilities and equipment necessary toperform sampling and laboratory analysis as needed. This laboratory facilitymust be a recognized laboratory as defined at §745.223, or the State or Tribalprogram must implement a quality assurance program that ensures appropriate quality of laboratory personnel and protects the integrity of analytical
data. (4) Tracking tips and complaints. AState or Tribal lead-based paint compliance and enforcement program must demonstrate the ability to process and react to tips and complaints or other information indicating a violation. (5) Targeting inspections. A State or Tribal lead-based paint compliance andenforcement program must demonstrate the ability to target inspections to ensure compliance with the


lead-based paint program requirements. Such targeting must include amethod for obtaining and using notifications of commencement of abatement activities. (6) Follow up to inspection reports. AState or Tribal lead-based paint compliance and enforcement program must demonstrate the ability to reasonably, and in a timely manner, process and follow-up on inspection reports and other information generated through
enforcement-related activities associated with a lead-based paint program. The State or Tribal program must be in a position to ensure correction ofviolations and, as appropriate, effectively develop and issue enforcement remedies/responses to follow up on the
identification of violations. (7) Compliance monitoring and enforcement. A State or Tribal lead-basedpaint compliance and enforcement program must demonstrate, in its application for approval, that it is in a position to implement a compliance monitoring and enforcement program. Sucha compliance monitoring and enforcement program must ensure correction of violations, and encompass either planned and/or responsive lead-basedpaint compliance inspections and development/issuance of State or Tribalenforcement responses which are appropriate to the violations. (d) Summary on Progress and Performance. The Summary on Progress and Performance described below is part ofthe required elements for the compliance and enforcement program portion of a State or Tribal lead-based paint program. A State or Tribal lead-basedpaint compliance and enforcement program must submit to the appropriate EPA Regional Administrator a reportwhich summarizes the results of implementing the State or Tribal lead-basedpaint compliance and enforcement program, including a summary of the scope of the regulated community within the State or Indian Tribe (which
would include the number of individuals and firms certified in lead-based paint activities and the number oftraining programs accredited), the inspections conducted, enforcement actions taken, compliance assistance provided, and the level of resources committed by the State or Indian Tribe to these activities. The report shall besubmitted according to the requirements at §745.324(h). (e) Memorandum of Agreement. An Indian Tribe that obtains program approval must establish a Memorandumof Agreement with the Regional Administrator. The Memorandum ofAgreement shall be executed by the Indian Tribe’s counterpart to the State Director (e.g., the Director of Tribal Environmental Office, Program orAgency). The Memorandum of Agreement must include provisions for the timely and appropriate referral to the Regional Administrator for those
criminal enforcement matters where
that Indian Tribe does not have the authority (e.g., those addressing criminal violations by non-Indians or violations meriting penalties over $5,000). TheAgreement must also identify any enforcement agreements that may exist between the Indian Tribe and any
State. (f) Electronic reporting under State or Indian Tribe programs. States and tribes
that choose to receive electronic documents under the authorized state or Indian tribe lead-based paint program, must ensure that the requirements of 40 CFR part 3—(Electronic reporting) are satisfied in their lead-based paint

program.

[61 FR 45825, Aug. 29, 1996, as amended at 70 FR 59889, Oct. 13, 2005; 73 FR 21769, Apr. 22, 2008]

§ 745.339 Effective date.

States and Indian Tribes may seek
authorization to administer and enforce subpart L of this part pursuant to this subpart at any time. States and Indian Tribes may seek authorizationto administer and enforce the pre-renovation education provisions of subpart E of this part pursuant to this subpart at any time. States and Indian Tribes may seek authorization to administer and enforce all of subpart E of this part pursuant to this subpart effective June 23, 2008.

[73 FR 21769, Apr. 22, 2008]

PART 747—METALWORKING FLUIDS

Subpart A [ Reserved ]


# APPENDIX 7

UTAH ADMINISTRATIVE PROCEDURES ACT

63G-4, UTAH CODE ANNOTATEDTitle 63G – Chapter 4

Administrative Procedures Act

63G-4-101. Title.

This chapter is known as the "Administrative Proced ures Act."

63G-4-102. Scope and applicability of chapter.

(1) Except as set forth in Subsection (2), and exc ept as otherwise provided by a statute superseding provisions of this chapter by explicit reference to this chapter, the provisions of this chapter apply to every agency of the state and gove rn: (a) state agency action that determines the legal rights, duties, privileges, immunities, or other legal interests of an identifiable person, includin g agency action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, rig ht, or license; and (b) judicial review of the action. (2) This chapter does not govern: (a) the procedure for making agency rules, or judi cial review of the procedure or rules; (b) the issuance of a notice of a deficiency in th e payment of a tax, the decision to waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the issuance of a tax assessment, except that this chapter governs an age ncy action commenced by a taxpayer or by another person authorized by law to contest the val idity or correctness of the action; (c) state agency action relating to extradition, t o the granting of a pardon or parole, a commutation or termination of a sentence, or to the rescission, termination, or revocation of parole or probation, to the discipline of, resoluti on of a grievance of, supervision of, confinement of, or the treatment of an inmate or resident of a correctional facility, the Utah State Hospital, the Utah State Developmental Center, or a person in the custody or jurisdiction of the Division of Substance Abuse and Mental Health, or a person on p robation or parole, or judicial review of the action; (d) state agency action to evaluate, discipline, e mploy, transfer, reassign, or promote a student or teacher in a school or educational institution, or judicial review of the action; (e) an application for employment and internal per sonnel action within an agency concerning its own employees, or judicial review of the action; (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah Occupational Safety and Health Act, and Title 58, Chapter 3a, Architect s Licensing Act, Chapter 11a, Cosmetologist/Barber, Esthetician, Electrologist, a nd Nail Technician Licensing Act, Chapter 17b, Pharmacy Practice Act, Chapter 22, Professiona l Engineers and Professional Land Surveyors Licensing Act, Chapter 53, Landscape Architects Lic ensing Act, Chapter 55, Utah Construction Trades Licensing Act, Chapter 63, Security Personne l Licensing Act, and Chapter 76, Professional Geologist Licensing Act, except that t his chapter governs an agency action commenced by the employer, licensee, or other perso n authorized by law to contest the validity or correctness of the citation or assessment; (g) state agency action relating to management of state funds, the management and disposal of school and institutional trust land assets, and con tracts for the purchase or sale of products, real property, supplies, goods, or services by or for th e state, or by or for an agency of the state,except as provided in those contracts, or judicial review of the action;

(h) state agency action under Title 7, Chapter 1, Article 3, Powers and Duties of Commissioner of Financial Institutions, Title 7, Chapter 2, Poss ession of Depository Institution by Commissioner, Title 7, Chapter 19, Acquisition of F ailing Depository Institutions or Holding Companies, and Title 63G, Chapter 7, Governmental I mmunity Act of Utah, or judicial review of the action; (i) the initial determination of a person's eligib ility for unemployment benefits, the initial determination of a person's eligibility for benefit s under Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Oc cupational Disease Act, or the initial determination of a person's unemployment tax liabil ity; (j) state agency action relating to the distributi on or award of a monetary grant to or between governmental units, or for research, development, o r the arts, or judicial review of the action; (k) the issuance of a notice of violation or order under Title 26, Chapter 8a, Utah Emergency Medical Services System Act, Title 19, Chapter 2, A ir Conservation Act, Title 19, Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Dr inking Water Act, Title 19, Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switc h Removal Act, except that this chapter governs an agency action commenced by a person auth orized by law to contest the validity or correctness of the notice or order; (l) state agency action, to the extent required by federal statute or regulation, to be conducted according to federal procedures; (m) the initial determination of a person's eligib ility for government or public assistance benefits; (n) state agency action relating to wildlife licen ses, permits, tags, and certificates of registratio n; (o) a license for use of state recreational facili ties; (p) state agency action under Title 63G, Chapter 2 , Government Records Access and Management Act, except as provided in Section 63G-2 -603; (q) state agency action relating to the collection of water commissioner fees and delinquency penalties, or judicial review of the action; (r) state agency action relating to the installati on, maintenance, and repair of headgates, caps, values, or other water controlling works and weirs, flumes, meters, or other water measuring devices, or judicial review of the action; (s) the issuance and enforcement of an initial ord er under Section 73-2-25; (t) (i) a hearing conducted by the Division of Sec urities under Section 61-1-11.1; and (ii) an action taken by the Division of Securities pursuant to a hearing conducted under Section 61-1-11.1, including a determination regarding the fairness of an issuance or exchange of securities described in Subsection 61-1-11.1(1); an d (u) state agency action relating to water well dri ller licenses, water well drilling permits, water well driller registration, or water well drilling c onstruction standards, or judicial review of the

action. (3) This chapter does not affect a legal remedy ot herwise available to: (a) compel an agency to take action; or (b) challenge an agency's rule. (4) This chapter does not preclude an agency, prio r to the beginning of an adjudicative proceeding, or the presiding officer during an adju dicative proceeding from:(a) requesting or ordering a conference with parti es and interested persons to:

(i) encourage settlement; (ii) clarify the issues; (iii) simplify the evidence; (iv) facilitate discovery; or (v) expedite the proceeding; or (b) granting a timely motion to dismiss or for sum mary judgment if the requirements of Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedu re are met by the moving party, except to the extent that the requirements of those rules are mod ified by this chapter. (5) (a) A declaratory proceeding authorized by Sec tion 63G-4-503 is not governed by this chapter, except as explicitly provided in that sect ion. (b) Judicial review of a declaratory proceeding au thorized by Section 63G-4-503 is governed by this chapter. (6) This chapter does not preclude an agency from enacting a rule affecting or governing an adjudicative proceeding or from following the rule, if the rule is enacted according to the procedures outlined in Title 63G, Chapter 3, Utah A dministrative Rulemaking Act, and if the rule conforms to the requirements of this chapter. (7) (a) If the attorney general issues a written d etermination that a provision of this chapter

would result in the denial of funds or services to an agency of the state from the federal government, the applicability of the provision to t hat agency shall be suspended to the extent necessary to prevent the denial. (b) The attorney general shall report the suspensi on to the Legislature at its next session. (8) Nothing in this chapter may be interpreted to provide an independent basis for jurisdiction to review final agency action. (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause shown, from lengthening or shortening a time period prescribed in this chapter, except the time period established for judicial review.

63G-4-103. Definitions.

(1) As used in this chapter: (a) "Adjudicative proceeding" means an agency acti on or proceeding described in Section

63G-4-102. (b) "Agency" means a board, commission, department , division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the gove rnor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. (c) "Agency head" means an individual or body of i ndividuals in whom the ultimate legal authority of the agency is vested by statute. (d) "Declaratory proceeding" means a proceeding au thorized and governed by Section

63G-4-503. (e) "License" means a franchise, permit, certifica tion, approval, registration, charter, or similar form of authorization required by statute. (f) "Party" means the agency or other person comme ncing an adjudicative proceeding, allrespondents, all persons permitted by the presiding officer to intervene in the proceeding, and all

persons authorized by statute or agency rule to par ticipate as parties in an adjudicative proceeding. (g) "Person" means an individual, group of individ uals, partnership, corporation, association, political subdivision or its units, governmental su bdivision or its units, public or private organization or entity of any character, or another agency. (h) (i) "Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rule s, or by statute to conduct an adjudicative proceeding. (ii) If fairness to the parties is not compromised , an agency may substitute one presiding officer for another during any proceeding. (iii) A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceedin g. (i) "Respondent" means a person against whom an ad judicative proceeding is initiated, whether by an agency or any other person. (j) "Superior agency" means an agency required or authorized by law to review the orders of another agency. (2) This section does not prohibit an agency from designating by rule the names or titles of the agency head or the presiding officers with responsi bility for adjudicative proceedings before the

agency.

63G-4-104. Bases for certain recommendations and decisions lim ited.

(1) Except as provided in Subsection (2), no agenc y may recommend or rule on the custody, placement, including foster placement, or other dis position alternative for a minor, or the termination of parental rights, based on the fact t hat a parent or guardian of the minor lawfully does one or more of the following: (a) legally possesses or uses a firearm or other w eapon; (b) espouses particular religious beliefs; or (c) schools the minor or other minors outside the public education system or is otherwise sympathetic to schooling a minor outside the public education system. (2) Subsection (1) does not prohibit a recommendat ion or ruling based on the compatibility of a minor with a particular custody, placement, or othe r disposition alternative as determined by the presence of any of the factors in Subsections (1)(a ) through (1)(c).

63G-4-105. Transition procedures.

(1) The procedures for agency action, agency revie w, and judicial review contained in this chapter are applicable to all agency adjudicative p roceedings commenced by or before an agency on or after January 1, 1988. (2) Statutes and rules governing agency action, ag ency review, and judicial review that are in effect on December 31, 1987, govern all agency adju dicative proceedings commenced by or before an agency on or before December 31, 1987, ev en if those proceedings are still pending before an agency or a court on January 1, 1988.63G-4-201. Commencement of adjudicative proceedings.

(1) Except as otherwise permitted by Section 63G-4 -502, all adjudicative proceedings shall be commenced by either: (a) a notice of agency action, if proceedings are commenced by the agency; or (b) a request for agency action, if proceedings ar e commenced by persons other than the agency. (2) A notice of agency action shall be filed and s erved according to the following requirements: (a) The notice of agency action shall be in writin g, signed by a presiding officer, and shall include : (i) the names and mailing addresses of all persons to whom notice is being given by the presiding officer, and the name, title, and mailing address o f any attorney or employee who has been designated to appear for the agency; (ii) the agency's file number or other reference n umber; (iii) the name of the adjudicative proceeding; (iv) the date that the notice of agency action was mailed; (v) a statement of whether the adjudicative procee ding is to be conducted informally according to the provisions of rules adopted under Sections 63G- 4-202 and 63G-4-203, or formally according to the provisions of Sections 63G-4-204 through 63G -4-209; (vi) if the adjudicative proceeding is to be forma l, a statement that each respondent must file a written response within 30 days of the mailing date of the notice of agency action; (vii) if the adjudicative proceeding is to be form al, or if a hearing is required by statute or rule, a statement of the time and place of any scheduled he aring, a statement of the purpose for which the hearing is to be held, and a statement that a party who fails to attend or participate in the hearing may be held in default; (viii) if the adjudicative proceeding is to be inf ormal and a hearing is required by statute or rule, or if a hearing is permitted by rule and may be req uested by a party within the time prescribed by rule, a statement that the parties may request a he aring within the time provided by the agency's rules; (ix) a statement of the legal authority and jurisd iction under which the adjudicative proceeding is to be maintained; (x) the name, title, mailing address, and telephon e number of the presiding officer; and (xi) a statement of the purpose of the adjudicativ e proceeding and, to the extent known by the presiding officer, the questions to be decided. (b) When adjudicative proceedings are commenced by the agency, the agency shall: (i) mail the notice of agency action to each party ; (ii) publish the notice of agency action, if requi red by statute; and (iii) mail the notice of agency action to any othe r person who has a right to notice under statute

or rule. (3) (a) Where the law applicable to the agency per mits persons other than the agency to initiate adjudicative proceedings, that person's request for agency action shall be in writing and signed by the person invoking the jurisdiction of the agency, or by that person's representative, and shall

include: (i) the names and addresses of all persons to whom a copy of the request for agency action is being sent;(ii) the agency's file number or other reference n umber, if known;

(iii) the date that the request for agency action was mailed; (iv) a statement of the legal authority and jurisd iction under which agency action is requested; (v) a statement of the relief or action sought fro m the agency; and (vi) a statement of the facts and reasons forming the basis for relief or agency action. (b) The person requesting agency action shall file the request with the agency and shall mail a copy to each person known to have a direct interest in the requested agency action. (c) An agency may, by rule, prescribe one or more forms eliciting the information required by Subsection (3)(a) to serve as the request for agenc y action when completed and filed by the person requesting agency action. (d) The presiding officer shall promptly review a request for agency action and shall: (i) notify the requesting party in writing that th e request is granted and that the adjudicative proceeding is completed; (ii) notify the requesting party in writing that t he request is denied and, if the proceeding is a formal adjudicative proceeding, that the party may request a hearing before the agency to challenge the denial; or (iii) notify the requesting party that further pro ceedings are required to determine the agency's response to the request. (e) (i) Any notice required by Subsection (3)(d)(i i) shall contain the information required by Subsection 63G-4-203(1)(i) in addition to disclosur e required by Subsection (3)(d)(ii). (ii) The agency shall mail any notice required by Subsection (3)(d) to all parties, except that any notice required by Subsection (3)(d)(iii) may be pu blished when publication is required by statute. (iii) The notice required by Subsection (3)(d)(iii ) shall: (A) give the agency's file number or other referen ce number; (B) give the name of the proceeding; (C) designate whether the proceeding is one of a c ategory to be conducted informally according to the provisions of rules enacted under Sections 6 3G-4-202 and 63G-4-203, with citation to the applicable rule authorizing that designation, or fo rmally according to Sections 63G-4-204 through 63G-4-209; (D) in the case of a formal adjudicative proceedin g, and where respondent parties are known, state that a written response must be filed within 30 days of the date of the agency's notice if mailed, or within 30 days of the last publication d ate of the agency's notice, if published; (E) if the adjudicative proceeding is to be formal , or if a hearing is to be held in an informal adjudicative proceeding, state the time and place o f any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fai ls to attend or participate in a scheduled and noticed hearing may be held in default; (F) if the adjudicative proceeding is to be inform al, and a hearing is required by statute or rule, o r if a hearing is permitted by rule and may be reques ted by a party within the time prescribed by rule, state the parties' right to request a hearing and the time within which a hearing may be requested under the agency's rules; and (G) give the name, title, mailing address, and tel ephone number of the presiding officer. (4) When initial agency determinations or actions are not governed by this chapter, but agency and judicial review of those initial determinations or actions are subject to the provisions of this chapter, the request for agency action seeking revi ew must be filed with the agency within the time prescribed by the agency's rules.(5) For designated classes of adjudicative proceed ings, an agency may, by rule, provide for a

longer response time than allowed by this section, and may provide for a shorter response time if required or permitted by applicable federal law. (6) Unless the agency provides otherwise by rule o r order, an application for a package agency, license, permit, or certificate of approval filed u nder authority of Title 32A, Alcoholic Beverage Control Act, is not considered to be a request for agency action under this chapter. (7) If the purpose of the adjudicative proceeding is to award a license or other privilege as to which there are multiple competing applicants, the agency may, by rule or order, conduct a single adjudicative proceeding to determine the award of t hat license or privilege.

63G-4-202. Designation of adjudicative proceedings as informal -- Standards -- Undesignated proceedings formal.

(1) The agency may, by rule, designate categories of adjudicative proceedings to be conducted informally according to the procedures set forth in rules enacted under the authority of this chapter if: (a) the use of the informal procedures does not vi olate any procedural requirement imposed by a statute other than this chapter; (b) in the view of the agency, the rights of the p arties to the proceedings will be reasonably protected by the informal procedures; (c) in the view of the agency, the agency's admini strative efficiency will be enhanced by categorizations; and (d) the cost of formal adjudicative proceedings ou tweighs the potential benefits to the public of a formal adjudicative proceeding. (2) Subject to the provisions of Subsection (3), a ll agency adjudicative proceedings not specifically designated as informal proceedings by the agency's rules shall be conducted formally in accordance with the requirements of this chapter

. (3) Any time before a final order is issued in any adjudicative proceeding, the presiding officer may convert a formal adjudicative proceeding to an informal adjudicative proceeding, or an informal adjudicative proceeding to a formal adjudi cative proceeding if: (a) conversion of the proceeding is in the public interest; and (b) conversion of the proceeding does not unfairly prejudice the rights of any party.

63G-4-203. Procedures for informal adjudicative proceedings.

(1) If an agency enacts rules designating one or m ore categories of adjudicative proceedings as informal adjudicative proceedings, the agency shall , by rule, prescribe procedures for informal adjudicative proceedings that include the following : (a) Unless the agency by rule provides for and req uires a response, no answer or other pleading responsive to the allegations contained in the noti ce of agency action or the request for agency

action need be filed. (b) The agency shall hold a hearing if a hearing i s required by statute or rule, or if a hearing is permitted by rule and is requested by a party withi n the time prescribed by rule. (c) In any hearing, the parties named in the notic e of agency action or in the request for agency action shall be permitted to testify, present evide nce, and comment on the issues.(d) Hearings will be held only after timely notice to all parties.

(e) Discovery is prohibited, but the agency may is sue subpoenas or other orders to compel production of necessary evidence. (f) All parties shall have access to information c ontained in the agency's files and to all materials and information gathered in any investigation, to t he extent permitted by law. (g) Intervention is prohibited, except that the ag ency may enact rules permitting intervention where a federal statute or rule requires that a sta te permit intervention. (h) All hearings shall be open to all parties. (i) Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing that states the following: (i) the decision; (ii) the reasons for the decision; (iii) a notice of any right of administrative or j udicial review available to the parties; and (iv) the time limits for filing an appeal or reque sting a review. (j) The presiding officer's order shall be based o n the facts appearing in the agency's files and on the facts presented in evidence at any hearings. (k) A copy of the presiding officer's order shall be promptly mailed to each of the parties. (2) (a) The agency may record any hearing. (b) Any party, at the party's own expense, may hav e a reporter approved by the agency prepare a transcript from the agency's record of the hearing. (3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.

63G-4-204. Procedures for formal adjudicative proceedings -- R esponsive pleadings.

(1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 63G-4-201(5), the respondent, if any, shall file an d serve a written response signed by the respondent or the respondent's representative withi n 30 days of the mailing date or last date of publication of the notice of agency action or the n otice under Subsection 63G-4-201(3)(d), which

shall include: (a) the agency's file number or other reference nu mber; (b) the name of the adjudicative proceeding; (c) a statement of the relief that the respondent seeks; (d) a statement of the facts; and (e) a statement summarizing the reasons that the r elief requested should be granted. (2) The respondent shall send a copy of the respons e filed under Subsection (1) to each party. (3) The presiding officer, or the agency by rule, may permit or require pleadings in addition to the notice of agency action, the request for agency act ion, and the response. All documents permitted or required to be filed shall be filed with the age ncy and one copy shall be sent to each party.

63G-4-205. Procedures for formal adjudicative proceedings -- D iscovery and subpoenas.

(1) In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery adequate to permit the parties to obtain all releva nt information necessary to support their claims or defenses. If the agency does not enact rules un der this section, the parties may conductdiscovery according to the Utah Rules of Civil Proc edure.

(2) Subpoenas and other orders to secure the atten dance of witnesses or the production of evidence in formal adjudicative proceedings shall b e issued by the presiding officer when requested by any party, or may be issued by the pre siding officer on the presiding officer's own

motion. (3) Nothing in this section restricts or precludes any investigative right or power given to an agency by another statute.

63G-4-206. Procedures for formal adjudicative proceedings -- H earing procedure.

(1) Except as provided in Subsections 63G-4-201(3) (d)(i) and (ii), in all formal adjudicative proceedings, a hearing shall be conducted as follow s: (a) The presiding officer shall regulate the cours e of the hearing to obtain full disclosure of relevant facts and to afford all the parties reason able opportunity to present their positions. (b) On the presiding officer's own motion or upon objection by a party, the presiding officer: (i) may exclude evidence that is irrelevant, immat erial, or unduly repetitious; (ii) shall exclude evidence privileged in the cour ts of Utah; (iii) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original doc ument; and (iv) may take official notice of any facts that co uld be judicially noticed under the Utah Rules of Evidence, of the record of other proceedings before the agency, and of technical or scientific facts within the agency's specialized knowledge. (c) The presiding officer may not exclude evidence solely because it is hearsay. (d) The presiding officer shall afford to all part ies the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebu ttal evidence. (e) The presiding officer may give persons not a p arty to the adjudicative proceeding the opportunity to present oral or written statements a t the hearing. (f) All testimony presented at the hearing, if off ered as evidence to be considered in reaching a decision on the merits, shall be given under oath. (g) The hearing shall be recorded at the agency's expense. (h) Any party, at the party's own expense, may hav e a person approved by the agency prepare a transcript of the hearing, subject to any restricti ons that the agency is permitted by statute to impose to protect confidential information disclose d at the hearing. (i) All hearings shall be open to all parties. (2) This section does not preclude the presiding o fficer from taking appropriate measures necessary to preserve the integrity of the hearing.

63G-4-207. Procedures for formal adjudicative proceedings -- I ntervention.

(1) Any person not a party may file a signed, writ ten petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each party. The petition shall include: (a) the agency's file number or other reference nu mber; (b) the name of the proceeding; (c) a statement of facts demonstrating that the pe titioner's legal rights or interests aresubstantially affected by the formal adjudicative p roceeding, or that the petitioner qualifies as an

intervenor under any provision of law; and (d) a statement of the relief that the petitioner seeks from the agency. (2) The presiding officer shall grant a petition f or intervention if the presiding officer determines

that: (a) the petitioner's legal interests may be substa ntially affected by the formal adjudicative proceeding; and (b) the interests of justice and the orderly and p rompt conduct of the adjudicative proceedings will not be materially impaired by allowing the int ervention. (3) (a) Any order granting or denying a petition t o intervene shall be in writing and mailed to the petitioner and each party. (b) An order permitting intervention may impose co nditions on the intervenor's participation in the adjudicative proceeding that are necessary for a just, orderly, and prompt conduct of the adjudicative proceeding. (c) The presiding officer may impose the condition s at any time after the intervention.

63G-4-208. Procedures for formal adjudicative proceedings -- O rders.

In formal adjudicative proceedings: (1) Within a reasonable time after the hearing, or after the filing of any posthearing documents permitted by the presiding officer, or within the t ime required by any applicable statute or rule of the agency, the presiding officer shall sign and is sue an order that includes: (a) a statement of the presiding officer's finding s of fact based exclusively on the evidence of record in the adjudicative proceedings or on facts officially noted; (b) a statement of the presiding officer's conclus ions of law; (c) a statement of the reasons for the presiding o fficer's decision; (d) a statement of any relief ordered by the agenc y; (e) a notice of the right to apply for reconsidera tion; (f) a notice of any right to administrative or jud icial review of the order available to aggrieved parties; and (g) the time limits applicable to any reconsiderat ion or review. (2) The presiding officer may use the presiding of ficer's experience, technical competence, and specialized knowledge to evaluate the evidence. (3) A finding of fact that was contested may not b e based solely on hearsay evidence unless that

evidence is admissible under the Utah Rules of Evid ence. (4) This section does not preclude the presiding o fficer from issuing interim orders to: (a) notify the parties of further hearings; (b) notify the parties of provisional rulings on a portion of the issues presented; or (c) otherwise provide for the fair and efficient c onduct of the adjudicative proceeding.

63G-4-209. Default.

(1) The presiding officer may enter an order of de fault against a party if: (a) a party in an informal adjudicative proceeding fails to participate in the adjudicative proceeding;(b) a party to a formal adjudicative proceeding fa ils to attend or participate in a properly

scheduled hearing after receiving proper notice; or (c) a respondent in a formal adjudicative proceedi ng fails to file a response under Section

63G-4-204. (2) An order of default shall include a statement of the grounds for default and shall be mailed to all parties. (3) (a) A defaulted party may seek to have the age ncy set aside the default order, and any order in the adjudicative proceeding issued subsequent to the default order, by following the procedures

outlined in the Utah Rules of Civil Procedure. (b) A motion to set aside a default and any subseq uent order shall be made to the presiding

officer. (c) A defaulted party may seek agency review under Section 63G-4-301, or reconsideration under Section 63G-4-302, only on the decision of th e presiding officer on the motion to set aside

the default. (4) (a) In an adjudicative proceeding begun by the agency, or in an adjudicative proceeding begun by a party that has other parties besides the party in default, the presiding officer shall, after issuing the order of default, conduct any further p roceedings necessary to complete the adjudicative proceeding without the participation o f the party in default and shall determine all issues in the adjudicative proceeding, including th ose affecting the defaulting party. (b) In an adjudicative proceeding that has no part ies other than the agency and the party in default, the presiding officer shall, after issuing the order of default, dismiss the proceeding.

63G-4-301. Agency review -- Procedure.

(1) (a) If a statute or the agency's rules permit parties to any adjudicative proceeding to seek review of an order by the agency or by a superior a gency, the aggrieved party may file a written request for review within 30 days after the issuanc e of the order with the person or entity designated for that purpose by the statute or rule. (b) The request shall: (i) be signed by the party seeking review; (ii) state the grounds for review and the relief r equested; (iii) state the date upon which it was mailed; and (iv) be mailed to the presiding officer and to eac h party. (2) (a) Within 15 days of the mailing date of the request for review, or within the time period provided by agency rule, whichever is longer, any p arty may file a response with the person designated by statute or rule to receive the respon se. (b) The party who files a response under Subsectio n (2)(a) shall mail a copy of the response to each of the parties and to the presiding officer. (3) If a statute or the agency's rules require rev iew of an order by the agency or a superior agency, the agency or superior agency shall review the order within a reasonable time or within the time required by statute or the agency's rules. (4) To assist in review, the agency or superior ag ency may by order or rule permit the parties to file briefs or other documents, or to conduct oral argument. (5) Notice of hearings on review shall be mailed t o all parties. (6) (a) Within a reasonable time after the filing of any response, other filings, or oral argument, o rwithin the time required by statute or applicable r ules, the agency or superior agency shall issue a

written order on review. (b) The order on review shall be signed by the age ncy head or by a person designated by the agency for that purpose and shall be mailed to each party. (c) The order on review shall contain: (i) a designation of the statute or rule permittin g or requiring review; (ii) a statement of the issues reviewed; (iii) findings of fact as to each of the issues re viewed; (iv) conclusions of law as to each of the issues r eviewed; (v) the reasons for the disposition; (vi) whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adj udicative proceeding is to be remanded; (vii) a notice of any right of further administrat ive reconsideration or judicial review available to aggrieved parties; and (viii) the time limits applicable to any appeal or review.

63G-4-302. Agency review -- Reconsideration.

(1) (a) Within 20 days after the date that an orde r is issued for which review by the agency or by a superior agency under Section 63G-4-301 is unavai lable, and if the order would otherwise constitute final agency action, any party may file a written request for reconsideration with the agency, stating the specific grounds upon which rel ief is requested. (b) Unless otherwise provided by statute, the fili ng of the request is not a prerequisite for seeking judicial review of the order. (2) The request for reconsideration shall be filed with the agency and one copy shall be mailed to each party by the person making the request. (3) (a) The agency head, or a person designated fo r that purpose, shall issue a written order granting the request or denying the request. (b) If the agency head or the person designated fo r that purpose does not issue an order within 20 days after the filing of the request, the request f or reconsideration shall be considered to be

denied.

63G-4-401. Judicial review -- Exhaustion of administrative rem edies.

(1) A party aggrieved may obtain judicial review o f final agency action, except in actions where judicial review is expressly prohibited by statute. (2) A party may seek judicial review only after ex hausting all administrative remedies available, except that: (a) a party seeking judicial review need not exhau st administrative remedies if this chapter or any other statute states that exhaustion is not require d; (b) the court may relieve a party seeking judicial review of the requirement to exhaust any or all

administrative remedies if: (i) the administrative remedies are inadequate; or (ii) exhaustion of remedies would result in irrepa rable harm disproportionate to the public benefit derived from requiring exhaustion.(3) (a) A party shall file a petition for judicial review of final agency action within 30 days after the date that the order constituting the final agen cy action is issued or is considered to have been issued under Subsection 63G-4-302(3)(b). (b) The petition shall name the agency and all oth er appropriate parties as respondents and shall meet the form requirements specified in this chapte r.

63G-4-402. Judicial review -- Informal adjudicative proceeding s.

(1) (a) The district courts have jurisdiction to r eview by trial de novo all final agency actions resulting from informal adjudicative proceedings, e xcept that the juvenile courts have jurisdiction over all state agency actions relating to: (i) the removal or placement of children in state custody; (ii) the support of children under Subsection (1)( a)(i) as determined administratively under Section 78A-6-1106; and (iii) substantiated findings of abuse or neglect m ade by the Division of Child and Family Services, after an evidentiary hearing. (b) Venue for judicial review of informal adjudica tive proceedings shall be as provided in the statute governing the agency or, in the absence of such a venue provision, in the county where the petitioner resides or maintains the petitioner's pr incipal place of business. (2) (a) The petition for judicial review of inform al adjudicative proceedings shall be a complaint governed by the Utah Rules of Civil Procedure and s hall include: (i) the name and mailing address of the party seek ing judicial review; (ii) the name and mailing address of the responden t agency; (iii) the title and date of the final agency actio n to be reviewed, together with a copy, summary, or brief description of the agency action; (iv) identification of the persons who were partie s in the informal adjudicative proceedings that led to the agency action; (v) a copy of the written agency order from the in formal proceeding; (vi) facts demonstrating that the party seeking ju dicial review is entitled to obtain judicial review ; (vii) a request for relief, specifying the type an d extent of relief requested; and (viii) a statement of the reasons why the petition er is entitled to relief. (b) All additional pleadings and proceedings in th e district court are governed by the Utah Rules

of Civil Procedure. (3) (a) The district court, without a jury, shall determine all questions of fact and law and any constitutional issue presented in the pleadings. (b) The Utah Rules of Evidence apply in judicial p roceedings under this section.

63G-4-403. Judicial review -- Formal adjudicative proceedings.

(1) As provided by statute, the Supreme Court or t he Court of Appeals has jurisdiction to review all final agency action resulting from formal adjud icative proceedings. (2) (a) To seek judicial review of final agency ac tion resulting from formal adjudicative proceedings, the petitioner shall file a petition f or review of agency action with the appropriate appellate court in the form required by the appella te rules of the appropriate appellate court. (b) The appellate rules of the appropriate appella te court shall govern all additional filings andproceedings in the appellate court.

(3) The contents, transmittal, and filing of the a gency's record for judicial review of formal adjudicative proceedings are governed by the Utah R ules of Appellate Procedure, except that: (a) all parties to the review proceedings may stip ulate to shorten, summarize, or organize the record; (b) the appellate court may tax the cost of prepar ing transcripts and copies for the record: (i) against a party who unreasonably refuses to st ipulate to shorten, summarize, or organize the record; or (ii) according to any other provision of law. (4) The appellate court shall grant relief only if , on the basis of the agency's record, it determine s that a person seeking judicial review has been subs tantially prejudiced by any of the following: (a) the agency action, or the statute or rule on w hich the agency action is based, is unconstitutional on its face or as applied; (b) the agency has acted beyond the jurisdiction c onferred by any statute; (c) the agency has not decided all of the issues r equiring resolution; (d) the agency has erroneously interpreted or appl ied the law; (e) the agency has engaged in an unlawful procedur e or decision-making process, or has failed to follow prescribed procedure; (f) the persons taking the agency action were ille gally constituted as a decision-making body or were subject to disqualification; (g) the agency action is based upon a determinatio n of fact, made or implied by the agency, that is not supported by substantial evidence when viewe d in light of the whole record before the

court; (h) the agency action is: (i) an abuse of the discretion delegated to the ag ency by statute; (ii) contrary to a rule of the agency; (iii) contrary to the agency's prior practice, unl ess the agency justifies the inconsistency by givin g facts and reasons that demonstrate a fair and ratio nal basis for the inconsistency; or (iv) otherwise arbitrary or capricious.

63G-4-404. Judicial review -- Type of relief.

(1) (a) In either the review of informal adjudicat ive proceedings by the district court or the review of formal adjudicative proceedings by an app ellate court, the court may award damages or compensation only to the extent expressly authorize d by statute. (b) In granting relief, the court may: (i) order agency action required by law; (ii) order the agency to exercise its discretion a s required by law; (iii) set aside or modify agency action; (iv) enjoin or stay the effective date of agency a ction; or (v) remand the matter to the agency for further pr oceedings. (2) Decisions on petitions for judicial review of final agency action are reviewable by a higher court, if authorized by statute.

63G-4-405. Judicial review -- Stay and other temporary remedie s pending finaldisposition.

(1) Unless precluded by another statute, the agenc y may grant a stay of its order or other temporary remedy during the pendency of judicial re view, according to the agency's rules. (2) Parties shall petition the agency for a stay o r other temporary remedies unless extraordinary circumstances require immediate judicial interventi on. (3) If the agency denies a stay or denies other te mporary remedies requested by a party, the agency's order of denial shall be mailed to all par ties and shall specify the reasons why the stay or other temporary remedy was not granted. (4) If the agency has denied a stay or other tempo rary remedy to protect the public health, safety, or welfare against a substantial threat, the court may not grant a stay or other temporary remedy

unless it finds that: (a) the agency violated its own rules in denying t he stay; or (b) (i) the party seeking judicial review is likel y to prevail on the merits when the court finally disposes of the matter; (ii) the party seeking judicial review will suffer irreparable injury without immediate relief; (iii) granting relief to the party seeking review will not substantially harm other parties to the proceedings; and (iv) the threat to the public health, safety, or w elfare relied upon by the agency is not sufficientl y serious to justify the agency's action under the ci rcumstances.

63G-4-501. Civil enforcement.

(1) (a) In addition to other remedies provided by law, an agency may seek enforcement of an order by seeking civil enforcement in the district courts. (b) The action seeking civil enforcement of an age ncy's order must name, as defendants, each alleged violator against whom the agency seeks to o btain civil enforcement. (c) Venue for an action seeking civil enforcement of an agency's order shall be determined by the requirements of the Utah Rules of Civil Procedure. (d) The action may request, and the court may gran t, any of the following: (i) declaratory relief; (ii) temporary or permanent injunctive relief; (iii) any other civil remedy provided by law; or (iv) any combination of the foregoing. (2) (a) Any person whose interests are directly im paired or threatened by the failure of an agency to enforce an agency's order may timely file a comp laint seeking civil enforcement of that order, but the action may not be commenced: (i) until at least 30 days after the plaintiff has given notice of the plaintiff's intent to seek civ il enforcement of the alleged violation to the agency head, the attorney general, and to each alleged violator against whom the petitioner seeks civil en forcement; (ii) if the agency has filed and is diligently pro secuting a complaint seeking civil enforcement of the same order against the same or a similarly situ ated defendant; or (iii) if a petition for judicial review of the sam e order has been filed and is pending in court. (b) The complaint seeking civil enforcement of an agency's order must name, as defendants, the agency whose order is sought to be enforced, the ag ency that is vested with the power to enforcethe order, and each alleged violator against whom t he plaintiff seeks civil enforcement.

(c) Except to the extent expressly authorized by s tatute, a complaint seeking civil enforcement of an agency's order may not request, and the court ma y not grant, any monetary payment apart from

taxable costs. (3) In a proceeding for civil enforcement of an ag ency's order, in addition to any other defenses allowed by law, a defendant may defend on the groun d that: (a) the order sought to be enforced was issued by an agency without jurisdiction to issue the order; (b) the order does not apply to the defendant; (c) the defendant has not violated the order; or (d) the defendant violated the order but has subse quently complied. (4) Decisions on complaints seeking civil enforcem ent of an agency's order are reviewable in the

same manner as other civil cases.

63G-4-502. Emergency adjudicative proceedings.

(1) An agency may issue an order on an emergency b asis without complying with the requirements of this chapter if: (a) the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and (b) the threat requires immediate action by the ag ency. (2) In issuing its emergency order, the agency sha ll: (a) limit its order to require only the action nec essary to prevent or avoid the danger to the public health, safety, or welfare; (b) issue promptly a written order, effective imme diately, that includes a brief statement of findings of fact, conclusions of law, and reasons f or the agency's utilization of emergency adjudicative proceedings; and (c) give immediate notice to the persons who are r equired to comply with the order. (3) If the emergency order issued under this secti on will result in the continued infringement or impairment of any legal right or interest of any pa rty, the agency shall commence a formal adjudicative proceeding in accordance with the othe r provisions of this chapter.

63G-4-503. Declaratory orders.

(1) Any person may file a request for agency actio n, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstanc es. (2) Each agency shall issue rules that: (a) provide for the form, contents, and filing of petitions for declaratory orders; (b) provide for the disposition of the petitions; (c) define the classes of circumstances in which t he agency will not issue a declaratory order; (d) are consistent with the public interest and wi th the general policy of this chapter; and (e) facilitate and encourage agency issuance of re liable advice. (3) (a) An agency may not issue a declaratory orde r if: (i) the request is one of a class of circumstances that the agency has by rule defined as beingexempt from declaratory orders; or

(ii) the person requesting the declaratory order p articipated in an adjudicative proceeding concerning the same issue within 12 months of the d ate of the present request. (b) An agency may issue a declaratory order that w ould substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory procee ding. (4) Persons may intervene in declaratory proceedin gs if: (a) they meet the requirements of Section 63G-4-20 7; and (b) they file timely petitions for intervention ac cording to agency rules. (5) An agency may provide, by rule or order, that other provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings. (6) (a) After receipt of a petition for a declarat ory order, the agency may issue a written order: (i) declaring the applicability of the statute, ru le, or order in question to the specified circumstances; (ii) setting the matter for adjudicative proceedin gs; (iii) agreeing to issue a declaratory order within a specified time; or (iv) declining to issue a declaratory order and st ating the reasons for its action. (b) A declaratory order shall contain: (i) the names of all parties to the proceeding on which it is based; (ii) the particular facts on which it is based; an d (iii) the reasons for its conclusion. (c) A copy of all orders issued in response to a r equest for a declaratory proceeding shall be mailed promptly to the petitioner and any other par ties. (d) A declaratory order has the same status and bi nding effect as any other order issued in an adjudicative proceeding. (7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after rec eipt of the petition for a declaratory order, the petition is denied.

63G-4-601. Electronic records and conversion of written record s by governmental agencies.

A governmental agency may make rules regarding elec tronic records and conversion of written records as prescribed by Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies.

# APPENDIX 8

UTAH ENVIRONMENTAL QUALITY CODE

19-1, UTAH CODE ANNOTATEDTitle 19 Environmental Quality Code

Chapter 1

General Provisions

19-1-101. Short title.

This title is known as the "Environmental Quality C ode."

19-1-102. Purposes.

The purpose of this title is to: (1) clarify the powers and duties of the Departmen t of Environmental Quality in relationship to local health departments; (2) provide effective, coordinated management of s tate environmental concerns; (3) safeguard public health and quality of life by protecting and improving environmental quality while considering the benefits to public he alth, the impacts on economic development, property, wildlife, tourism, business, agriculture, forests, and other interests, and the costs to the public and to industry; and (4) (a) strengthen local health departments' envir onmental programs; (b) build consensus among the public, industry, an d local governments in developing environmental protection goals; and (c) appropriately balance the need for environment al protection with the need for economic and industrial development.

19-1-103. Definitions.

As used in this title: (1) "Department" means the Department of Environme ntal Quality. (2) "Executive director" means the executive direc tor of the department appointed pursuant to Section 19-1-104. (3) "Local health department" means a local health department as defined in Title 26A, Chapter 1, Part 1. (4) "Person" means an individual, trust, firm, est ate, company, corporation, partnership, association, state, state or federal agency or enti ty, municipality, commission, or political

subdivision of a state.

19-1-104. Creation of department -- Appointment of executive director.

(1) There is created within state government the D epartment of Environmental Quality. The department shall be administered by an executiv e director. (2) The executive director shall be appointed by t he governor with the consent of the Senate and shall serve at the pleasure of the gover nor. (3) The executive director shall have demonstrated the necessary administrative andprofessional ability through education and experien ce to efficiently and effectively manage

the department's affairs. (4) The Legislature shall fix the compensation of the executive director in accordance with Title 67, Chapter 22, State Officer Compensati on.

19-1-105. Divisions of department -- Control by division dire ctors.

(1) The following divisions are created within the department: (a) the Division of Air Quality, to administer Tit le 19, Chapter 2; (b) the Division of Drinking Water, to administer Title 19, Chapter 4; (c) the Division of Environmental Response and Rem ediation, to administer Title 19, Chapter 6, Parts 3 and 4; (d) the Division of Radiation, to administer Title 19, Chapter 3; (e) the Division of Solid and Hazardous Waste, to administer Title 19, Chapter 6, Parts 1, 2, and 5; and (f) the Division of Water Quality, to administer T itle 19, Chapter 5. (2) Each division is under the immediate direction and control of a division director appointed by the executive director. (3) Each division director shall possess the neces sary administrative skills and training to adequately qualify him for his position. He shall have graduated from an accredited college or university with: (a) a four-year degree in physical or biological s cience or engineering; (b) a related degree; or (c) a degree in law. (4) Each director may be removed at the will of th e executive director.

19-1-106. Boards within department.

(1) The following policymaking boards are created within the department: (a) the Air Quality Board, appointed under Section 19-2-103; (b) the Radiation Control Board, appointed under S ection 19-3-103; (c) the Drinking Water Board, appointed under Sect ion 19-4-103; (d) the Water Quality Board, appointed under Secti on 19-5-103; and (e) the Solid and Hazardous Waste Control Board, a ppointed under Section 19-6-103. (2) The authority of the boards created in Subsect ion (1) is limited to the specific authority granted them under this title.

19-1-108. Creation of Environmental Quality Restricted Accoun t -- Purpose of

restricted account -- Sources of funds -- Uses of f unds.

(1) There is created the Environmental Quality Res tricted Account. (2) The sources of monies for the restricted accou nt are: (a) radioactive waste disposal fees collected unde r Sections 19-3-106 and 19-3-106.4 and other fees collected under Subsection 19-3-104(5); (b) hazardous waste disposal fees collected under Section 19-6-118;(c) PCB waste disposal fees collected under Sectio n 19-6-118.5;

(d) nonhazardous solid waste disposal fees collect ed under Section 19-6-119; and (e) all investment income derived from money in th e restricted account created in this

section. (3) In each fiscal year, the first $400,000 collec ted from all waste disposal fees listed in Subsection (2), collectively, shall be deposited in the General Fund as free revenue. The balance shall be deposited in the restricted accoun t created in this section. (4) The Legislature may annually appropriate monie s from the Environmental Quality

Restricted Account to: (a) the department for the costs of administering radiation control programs; (b) the department for the costs of administering solid and hazardous waste programs;

and (c) the Hazardous Substances Mitigation Fund, up t o $400,000, for purposes set forth in Title 19, Chapter 6, Part 3, Hazardous Substances M itigation Act. (5) In order to stabilize funding for the radiatio n control program and the solid and hazardous waste program, the Legislature shall in y ears of excess revenues reserve in the restricted account sufficient monies to meet depart mental needs in years of projected shortages. (6) The Legislature may not appropriate money from the General Fund to the department as a supplemental appropriation to cover the costs of the radiation control program and the solid and hazardous waste program in an amount exceeding 25% of the amount of waste disposal fees collected during the most recen t prior fiscal year. (7) The Legislature may annually appropriate not m ore than $200,000 from this account to the Department of Public Safety, created in Sect ion 53-1-103, to be used by that department solely for hazardous materials: (a) management training; and (b) response preparation and emergency response tr aining. (8) All funds appropriated under this part that ar e not expended at the end of the fiscal year lapse into the account created in Subsection ( 1).

19-1-201. Powers of department.

(1) The department shall: (a) enter into cooperative agreements with the Dep artment of Health to delineate specific responsibilities to assure that assessment and mana gement of risk to human health from the environment are properly administered; (b) consult with the Department of Health and ente r into cooperative agreements, as needed, to ensure efficient use of resources and ef fective response to potential health and safety threats from the environment, and to prevent gaps in protection from potential risks from the environment to specific individuals or pop ulation groups; and (c) coordinate implementation of environmental pro grams to maximize efficient use of resources by developing, with local health departme nts, a Comprehensive Environmental Service Delivery Plan that: (i) recognizes that the department and local healt h departments are the foundation for providing environmental health programs in the stat e;(ii) delineates the responsibilities of the depart ment and each local health department for

the efficient delivery of environmental programs us ing federal, state, and local authorities, responsibilities, and resources; (iii) provides for the delegation of authority and pass through of funding to local health departments for environmental programs, to the exte nt allowed by applicable law, identified in the plan, and requested by the local health department; and (iv) is reviewed and updated annually. (2) The department may: (a) investigate matters affecting the environment; (b) investigate and control matters affecting the public health when caused by environmental hazards; (c) prepare, publish, and disseminate information to inform the public concerning issues involving environmental quality; (d) establish and operate programs, as authorized by this title, necessary for protection of the environment and public health from environmenta l hazards; (e) use local health departments in the delivery o f environmental health programs to the extent provided by law; (f) enter into contracts with local health departm ents or others to meet responsibilities established under this title; (g) acquire real and personal property by purchase , gift, devise, and other lawful means; (h) prepare and submit to the governor a proposed budget to be included in the budget submitted by the governor to the Legislature; (i) (i) establish a schedule of fees that may be a ssessed for actions and services of the department according to the procedures and requirem ents of Section 63J 1 504; and (ii) in accordance with Section 63J 1 504, all fee s shall be reasonable, fair, and reflect the cost of services provided; (j) prescribe by rule reasonable requirements not inconsistent with law relating to environmental quality for local health departments; (k) perform the administrative functions of the bo ards established by Section 19 1 106, including the acceptance and administration of gran ts from the federal government and from other sources, public or private, to carry out the board's functions; and (l) upon the request of any board or the executive secretary, provide professional, technical, and clerical staff and field and laborat ory services, the extent of which are limited by the funds available to the department fo r the staff and services.

19-1-202. Duties and powers of the executive director.

(1) The executive director shall: (a) administer and supervise the department; (b) coordinate policies and program activities con ducted through boards, divisions, and offices of the department; (c) approve the proposed budget of each board, div ision, and office within the department; (d) approve all applications for federal grants or assistance in support of any department

program;(e) with the governor's specific, prior approval, expend funds appropriated by the

Legislature necessary for participation by the stat e in any fund, property, or service provided by the federal government; and (f) in accordance with Section 19-1-301, appoint o ne or more administrative law judges to hear an adjudicative proceeding within the depar tment. (2) The executive director may: (a) issue orders to enforce state laws and rules e stablished by the department except where the enforcement power is given to a board cre ated under Section 19-1-106, unless

the executive director finds that a condition exist s that creates a clear and present hazard to the public health or the environment and require s immediate action, and if the enforcement power is vested with a board created un der Section 19-1-106, the executive director may with the concurrence of the governor o rder any person causing or contributing to the condition to reduce, mitigate, or eliminate the condition; (b) with the approval of the governor, participate in the distribution, disbursement, or administration of any fund or service, advanced, of fered, or contributed by the federal government for purposes consistent with the powers and duties of the department; (c) accept and receive funds and gifts available f rom private and public groups for the purposes of promoting and protecting the public hea lth and the environment and expend the funds as appropriated by the Legislature; (d) make policies not inconsistent with law for th e internal administration and government of the department, the conduct of its employees, an d the custody, use, and preservation of the records, papers, books, documents, and property of the department; (e) create advisory committees as necessary to ass ist in carrying out the provisions of this title; (f) appoint division directors who may be removed at the will of the executive director and who shall be compensated in an amount fixed by the executive director; (g) advise, consult, and cooperate with other agen cies of the state, the federal government, other states and interstate agencies, a ffected groups, political subdivisions, and industries in carrying out the purposes of this title; (h) consistent with Title 67, Chapter 19, Utah Sta te Personnel Management Act, employ employees necessary to meet the requirements of thi s title; (i) authorize any employee or representative of th e division to conduct inspections as permitted in this title; (j) encourage, participate in, or conduct any stud ies, investigations, research, and demonstrations relating to hazardous materials or s ubstances releases necessary to meet the requirements of this title; (k) collect and disseminate information about haza rdous materials or substances releases; (l) review plans, specifications, or other data re lating to hazardous substances releases as provided in this title; and (m) maintain, update not less than annually, and m ake available to the public a record of sites, by name and location, at which response acti ons for the protection of the public health and environment under Title 19, Chapter 6, P art 3, Hazardous Substances Mitigation Act, or under Title 19, Chapter 8, Volun tary Cleanup Program, have been completed in the previous calendar year, and those that the department plans to address in the upcoming year pursuant to this title, including if upon completion of the responseaction the site:

(i) will be suitable for unrestricted use; or (ii) will be suitable only for restricted use, sta ting the institutional controls identified in the remedy to which use of the site is subject.

19-1-203. Representatives of department authorized to enter r egulated premises.

(1) Authorized representatives of the department, upon presentation of appropriate credentials, may enter at reasonable times upon the premises of properties regulated under this title to perform inspections to insure complia nce with rules made by the department. (2) The inspection authority provided in this sect ion does not apply to chapters in this title which provide for specific inspection procedures an d authority.

19-1-204. Legal advice and representation for department.

(1) The attorney general is the legal adviser for the department and the executive director and shall defend them in all actions and proceeding s brought against either of them. (2) The attorney general or the county attorney of the county in which a cause of action arises or a public offense occurs shall bring any c ivil or criminal action requested by the executive director or any board created in Section 19-1-106 to abate a condition which exists in violation of, or to prosecute for the vio lation of or for the enforcement of, the laws or standards, orders, and rules of the departm ent.

19-1-205. Assumption of responsibilities.

The department assumes all the policymaking functio ns, regulatory and enforcement powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air Conservation Committee, the Solid and Hazardous Was te Committee, the Utah Safe Drinking Water Committee, and the Water Pollution C ontrol Committee previously vested in the Department of Health and its executive direc tor: (1) including programs for individual wastewater d isposal systems, liquid scavenger operations, and vault and earthen pit privies; but (2) excluding all other sanitation programs, which shall be administered by the Department of Health.

19-1-206. Contracting powers of department Hea lth insurance coverage.

(1) For purposes of this section: (a) "Employee" means an "employee," "worker," or " operative" as defined in Section 34A

2 104 who: (i) works at least 30 hours per calendar week; and (ii) meets employer eligibility waiting requiremen ts for health care insurance which may not exceed 90 days from the date of hire. (b) "Health benefit plan" has the same meaning as provided in Section 31A 1 301. (c) "Qualified health insurance coverage" means a health benefit plan that at the time thecontract is entered into or renewed:

(i) (A) provides coverage that is actuarially equi valent to the current benefit plan determined by the Children's Health Insurance Progr am under Section 26 40 106; and (B) under which the employer pays at least 50% of the premium for the employee and the dependents of the employee; (ii) (A) is a federally qualified high deductible health plan that has: (I) the lowest deductible permitted for a federall y qualified high deductible health plan;

and (II) an out of pocket maximum that does not exceed three times the amount of the annual deductible; and (B) under which the employer pays 75% of the premi um for the employee and the dependents of the employee; or (iii) (A) provides coverage that is actuarially eq uivalent to 75% of the benefit plan determined under Subsection (1)(c)(i); and (B) under which the employer pays at least 75% of the premium of the employee and the dependents of the employee. (d) "Subcontractor" has the same meaning provided for in Section 63A 5 208. (2) Except as provided in Subsection (3), this sec tion applies to all contracts entered into by or delegated to the department or a division or board of the department on or after July 1, 2009, if: (a) the contract is for design or construction; an d (b) (i) the prime contract is in the amount of $1, 500,000 or greater; or (ii) a subcontract is in the amount of $750,000 or greater. (3) This section does not apply to contracts enter ed into by the department or a division or board of the department if: (a) the application of this section jeopardizes th e receipt of federal funds; (b) the contract or agreement is between: (i) the department or a division or board of the d epartment; and (ii) (A) another agency of the state; (B) the federal government; (C) another state; (D) an interstate agency; (E) a political subdivision of this state; or (F) a political subdivision of another state;

(c) the executive director determines that applyin g the requirements of this section to a particular contract interferes with the effective r esponse to an immediate health and safety threat from the environment; or (d) the contract is: (i) a sole source contract; or (ii) an emergency procurement. (4) (a) This section does not apply to a change or der as defined in Section 63G 6 102, or a modification to a contract, when the contract doe s not meet the initial threshold required by Subsection (2). (b) A person who intentionally uses change orders or contract modifications tocircumvent the requirements of Subsection (2) is gu ilty of an infraction.

(5) (a) A contractor subject to Subsection (2) sha ll demonstrate to the executive director

that the contractor has and will maintain an offer of qualified health insurance coverage for the contractor's employees and the employees' depen dents during the duration of the

contract. (b) If a subcontractor of the contractor is subjec t to Subsection (2), the contractor shall

demonstrate to the executive director that the subc ontractor has and will maintain an offer of qualified health insurance coverage for the subc ontractor's employees and the employees' dependents during the duration of the co ntract. (c) (i) (A) A contractor who fails to comply with Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6). (B) A contractor is not subject to penalties for t he failure of a subcontractor to meet the requirements of Subsection (5)(b). (ii) (A) A subcontractor who fails to meet the req uirements of Subsection (5)(b) during the duration of the contract is subject to penaltie s in accordance with administrative rules adopted by the department under Subsection (6). (B) A subcontractor is not subject to penalties fo r the failure of a contractor to meet the requirements of Subsection (5)(a). (6) The department shall adopt administrative rule s: (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) in coordination with: (i) a public transit district in accordance with S ection 17B 2a 818.5; (ii) the Department of Natural Resources in accord ance with Section 79 2 404; (iii) the State Building Board in accordance with Section 63A 5 205; (iv) the State Capitol Preservation Board in accor dance with Section 63C 9 403; (v) the Department of Transportation in accordance with Section 72 6 107.5; and (vi) the Legislature's Administrative Rules Review Committee; and (c) which establish: (i) the requirements and procedures a contractor m ust follow to demonstrate to the public transit district compliance with this section which shall include: (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or (b) more than twice in any 12 month period; and (B) that the actuarially equivalent determination required in Subsection (1) is met by the contractor if the contractor provides the departmen t or division with a written statement of actuarial equivalency from either the Utah Insur ance Department or an actuary selected by the contractor or the contractor's insurer; and

(ii) the penalties that may be imposed if a contra ctor or subcontractor intentionally violates the provisions of this section, which may include: (A) a three month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation; (B) a six month suspension of the contractor or su bcontractor from entering into future contracts with the state upon the second violation; (C) an action for debarment of the contractor or s ubcontractor in accordance withSection 63G 6 804 upon the third or subsequent viol ation; and

(D) notwithstanding Section 19 1 303, monetary pen alties which may not exceed 50% of the amount necessary to purchase qualified health i nsurance coverage for an employee and the dependents of an employee of the contractor or subcontractor who was not offered qualified health insurance coverage during the dura tion of the contract. (7) (a) In addition to the penalties imposed under Subsection (6)(c), a contractor or subcontractor who violates the provisions of this s ection shall be liable to the employee for health care costs not covered by insurance. (b) An employee has a private right of action only against the employee's employer to enforce the provisions of this Subsection (7). (8) Any penalties imposed and collected under this section shall be deposited into the

Medicaid Restricted Account created in Section 26 1 8 402. (9) The failure of a contractor or subcontractor t o provide health insurance as required by

this section: (a) may not be the basis for a protest or other ac tion from a prospective bidder, offeror, or contractor under Section 63G 6 801 or any other provision in Title 63G, Chapter 6, Part 8, Legal and Contractual Remedies; and (b) may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that w ould suspend, disrupt, or terminate the design or construction.

19-1-301. Adjudicative proceedings.

(1) As used in this section, "dispositive action" is a final agency action that: (a) a board takes following an adjudicative procee ding on a request for agency action; and (b) is subject to judicial review under Section 63 G-4-403. (2) (a) The department and its boards shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (b) The procedures for an adjudicative proceeding conducted by an administrative law judge are governed by: (i) Title 63G, Chapter 4, Administrative Procedure s Act; (ii) rules adopted by a board as authorized by: (A) Subsection 63G-4-102(6); and (B) this title; and (iii) the Utah Rules of Civil Procedure, in the ab sence of a procedure established under Subsection (2)(b)(i) or (ii). (3) An administrative law judge shall hear a party 's request for agency action made to a

board created in Section 19-1-106. (4) The executive director shall appoint an admini strative law judge who: (a) is a member in good standing of the Utah State Bar; (b) has a minimum of: (i) 10 years of experience practicing law; and (ii) five years of experience practicing in the fi eld of: (A) environmental compliance; (B) natural resources;(C) regulation by an administrative agency; or

(D) a field related to a field listed in Subsectio ns (4)(b)(ii)(A) through (C); and (c) has a working knowledge of the federal laws an d regulations and state statutes and rules applicable to a request for agency action. (5) In appointing an administrative law judge who meets the qualifications listed in Subsection (4), the executive director may: (a) compile a list of persons who may be engaged a s an administrative law judge pro tempore by mutual consent of the parties to an adju dicative proceeding; (b) appoint an assistant attorney general as an ad ministrative law judge pro tempore; or (c) (i) appoint an administrative law judge as an employee of the department; and (ii) assign the administrative law judge responsib ilities in addition to conducting an adjudicative proceeding. (6) (a) An administrative law judge shall: (i) conduct an adjudicative proceeding; (ii) take any action that is not a dispositive act ion; and (iii) submit to the board a proposed dispositive a ction, including: (A) written findings of fact; (B) written conclusions of law; and (C) a recommended order. (b) A board may: (i) approve, approve with modifications, or disapp rove a proposed dispositive action submitted to the board under Subsection (6)(a); or (ii) return the proposed dispositive action to the administrative law judge for further

action as directed. (7) To conduct an adjudicative proceeding, an admi nistrative law judge may: (a) compel: (i) the attendance of a witness; and (ii) the production of a document or other evidenc e; (b) administer an oath; (c) take testimony; and (d) receive evidence as necessary. (8) A party may appear before an administrative la w judge in person, through an agent or employee, or as provided by a board rule. (9) (a) An administrative law judge or board membe r may not communicate with a party to an adjudicative proceeding regarding the merits of the adjudicative proceeding unless notice and an opportunity to be heard are afforded to all parties. (b) An administrative law judge or board member wh o receives an ex parte communication shall place the communication into th e public record of the proceedings and afford all parties an opportunity to comment on the information. (10) Nothing in this section limits a party's righ t to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.

19-1-302. Violation of laws and orders unlawful.

It is unlawful for any person:(1) to violate the provisions of the laws of this title or the terms of any order or rule

issued under it; or (2) to fail to remove or abate from private proper ty under the person's control at his own expense within 48 hours, or such other reasonable t ime as the department determines, after being ordered to do so, any nuisance, source of filth, or other sanitation violation.

19-1-303. Criminal and civil penalties -- Liability for viola tions.

(1) (a) Any person who violates any provision of t his title or lawful orders or rules adopted under this title by the department shall: (i) in a civil proceeding be assessed a penalty no t to exceed the sum of $5,000; or (ii) in a criminal proceeding: (A) for the first violation, be guilty of a class B misdemeanor; and (B) for a subsequent similar violation within two years, be guilty of a class A

misdemeanor. (b) In addition, a person is liable for any expens e incurred by the department in removing or abating any violation. (2) Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which wa s also a violation of the public health

laws. (3) Each day of violation of this title or rules m ade by the department under it may be considered a separate violation. (4) The enforcement procedures and penalties provi ded in Subsections (1) through (3) do not apply to chapters in this title which provide f or other specific enforcement procedures and penalties. (5) Unless otherwise specified in statute, the dep artment shall deposit all civil penalties and fines imposed and collected under this title in to the General Fund.

19-1-304. Principal and branch offices of department.

(1) The principal office of the department shall b e in Salt Lake County. (2) The department may establish branch offices at other places in the state to furnish comprehensive and effective environmental programs and to coordinate with and assist

local health officers.

19-1-305. Administrative enforcement proceedings Tolling of limitation period.

Issuing a notice of a violation, an order, or a not ice of agency action under this title tolls the running of the period of limitation for commenc ing a civil action to assess or collect a penalty until the sooner of: (1) the day on which the notice of violation, orde r, or agency action becomes final under Title 63G, Chapter 4, Administrative Procedures Act ; or (2) three years from the day on which the departme nt issues a notice or order described in

this section.19-1-306. Records of the department.

(1) Except as provided in this section, records of the department shall be subject to Title 63G, Chapter 2, Government Records Access and Manag ement Act. (2) (a) The standards of the federal Freedom of In formation Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 63G-2-305(1) and ( 2), shall govern access to records of the department for which business confidentiality h as been claimed under Section 63G-2-309, to the extent those records relate to a program: (i) that is delegated, authorized, or for which pr imacy has been granted to the state; (ii) for which the state is seeking delegation, au thorization, or primacy; or (iii) under the federal Comprehensive Environmenta l Response, Compensation, and Liability Act. (b) The regulation of the United States Environmen tal Protection Agency interpreting the federal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shall also apply to the records described in Subsection (1). (3) (a) The department may, upon request, make tra de secret and confidential business

records available to the United States Environmenta l Protection Agency insofar as they relate to a delegated program, to a program for whi ch the state is seeking delegation, or to a program under the federal Comprehensive Environme ntal Response, Compensation and Liability Act. (b) In the event a record is released to the Unite d States Environmental Protection Agency under Subsection (3)(a), the department shal l convey any claim of confidentiality to the United States Environmental Protection Agenc y and shall notify the person who

submitted the information of its release. (4) Trade secret and confidential business records under Subsection (2) shall be managed as protected records under the Government Records A ccess and Management Act, and all provisions of that act shall apply except Subsectio ns 63G-2-305(1) and (2). (5) Records obtained from the United States Enviro nmental Protection Agency and requested by that agency to be kept confidential sh all be managed as protected records under the Government Records Access and Management Act, and all provisions of that act shall apply except to the extent they conflict with this section.

19-1-307. Evaluation of closure, postclosure, and perpetual c are and maintenance

for hazardous waste and radioactive waste treatment and disposal facilities -- Report.

(1) (a) Beginning in 2006, the Solid and Hazardous Waste Control Board created in Section 19-1-106 shall direct an evaluation every f ive years of: (i) the adequacy of the amount of financial assura nce required for closure and postclosure care under 40 C.F.R. subpart H, Sections 264.140 th rough 264.151 submitted pursuant to a hazardous waste operation plan for a commercial h azardous waste treatment, storage, or disposal facility under Section 19-6-108; and (ii) the adequacy of the amount of financial assur ance or funds required for perpetual care and maintenance following the closure and postclosu re period of a commercial hazardous waste treatment, storage, or disposal facility, if found necessary following the evaluationunder Subsection (1)(c).

(b) The evaluation shall determine: (i) whether the amount of financial assurance requ ired is adequate for closure and postclosure care of hazardous waste treatment, stor age, or disposal facilities; (ii) whether the amount of financial assurance or funds required is adequate for perpetual care and maintenance following the closure and post closure period of a commercial hazardous waste treatment, storage, or disposal fac ility, if found necessary following the evaluation under Subsection (1)(c); and (iii) the costs above the minimal maintenance and monitoring for reasonable risks that may occur during closure, postclosure, and perpetua l care and maintenance of commercial hazardous waste treatment, storage, or disposal fac ilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (c) The Solid and Hazardous Waste Control Board sh all evaluate in 2006 whether financial assurance or funds are necessary for perp etual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility to protect human health and the e nvironment. (2) (a) Beginning in 2006, the Radiation Control B oard created in Section 19-1-106 shall direct an evaluation every five years of: (i) the adequacy of the Radioactive Waste Perpetua l Care and Maintenance Fund; and (ii) the adequacy of the amount of financial assur ance required for closure and postclosure care of commercial radioactive waste tr eatment or disposal facilities under Subsection 19-3-104(12). (b) The evaluation shall determine: (i) whether the fund is adequate to provide for pe rpetual care and maintenance of commercial radioactive waste treatment or disposal facilities; (ii) whether the amount of financial assurance req uired is adequate to provide for closure and postclosure care of commercial radioactive wast e treatment or disposal facilities; (iii) the costs under Subsection 19-3-106.2(5)(b) of using the Radioactive Waste Perpetual Care and Maintenance Fund during the peri od before the end of 100 years following final closure of the facility for mainten ance, monitoring, or corrective action in the event that the owner or operator is unwilling o r unable to carry out the duties of postclosure maintenance, monitoring, or corrective action; and (iv) the costs above the minimal maintenance and m onitoring for reasonable risks that may occur during closure, postclosure, and perpetua l care and maintenance of commercial radioactive waste treatment or disposal facilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (3) The boards under Subsections (1) and (2) shall submit a joint report on the evaluations to the Legislative Management Committee on or before October 1 of the year in which the report is due.

19-1-401. Title.This part is known as the "Clean Fuels and Vehicle Technology Program Act."

19-1-402. Definitions.

As used in this part: (1) "Clean fuel" means: (a) propane, natural gas, or electricity; (b) other fuel the Air Quality Board certifies, as authorized by Subsection 19-1-405(1)(d), to be at least as effective in reducing air polluti on as fuels under Subsection (1)(a); or (c) other fuel that meets the clean fuel vehicle s tandards in the federal Clean Air Act Amendments of 1990, 42 U.S.C. Sec. 7521 et seq. (2) "Clean fuel vehicle" means a vehicle that: (a) uses a clean fuel; and (b) meets clean fuel vehicle standards in the fede ral Clean Air Act Amendments of 1990, 42 U.S.C. Sec. 7521 et seq. (3) "Electric-hybrid vehicle" means a vehicle: (a) primarily powered by an electric motor that dr aws current from: (i) rechargeable storage batteries; (ii) fuel cells; or (iii) other sources of electric current; and (b) also operates on or is capable of operating on a nonelectrical source of power. (4) "Fuel system" means tanks, pumps, hoses, injec tors, electronic controls, and related components that deliver fuel or energy or both to a motor used to propel a vehicle. (5) "Fund" means the Clean Fuels and Vehicle Techn ology Fund created in Section

19-1-403. (6) (a) "Government vehicle" means a motor vehicle : (i) registered in Utah; and (ii) owned and operated by: (A) the state; (B) a public trust authority; (C) a school district; (D) a county; or (E) a municipality. (b) "Government vehicle" includes a metropolitan r apid transit motor vehicle, bus, truck, law enforcement vehicle, or emergency vehicle. (7) "Incremental cost" means the difference betwee n the cost of the OEM vehicle and the

same vehicle model manufactured without the clean f uel fueling system. (8) "OEM vehicle" means a vehicle manufactured by the original vehicle manufacturer or

its contractor to use a clean fuel. (9) "Private sector business vehicle" means a moto r vehicle registered in Utah that is owned and operated solely in the conduct of a priva te business enterprise. (10) "Refueling equipment" means compressors when used separately, compressors used in combination with cascade tanks, and other equipm ent that constitute a central refueling system capable of dispensing vehicle fuel.(11) "Retrofit" means conversion or augmentation o f an existing motor, fuel system,

exhaust system, or related components to systems th at lead to a reduction in air pollution.

19-1-403. Clean Fuels and Vehicle Technology Fund -- Contents -- Loans or grants

made with fund monies.

(1) (a) There is created a revolving fund known as the Clean Fuels and Vehicle Technology Fund. (b) The fund consists of: (i) appropriations to the fund; (ii) other public and private contributions made u nder Subsection (1)(d); (iii) interest earnings on cash balances; and (iv) all monies collected for loan repayments and interest on loans. (c) All money appropriated to the fund is nonlapsi ng. (d) The department may accept contributions from o ther public and private sources for deposit into the fund. (2) (a) Except as provided in Subsection (3), the department may make a loan or a grant

with monies available in the fund for: (i) the conversion of a private sector business ve hicle or a government vehicle to use a clean fuel, if certified by the Air Quality Board u nder Subsection 19-1-405(1)(a); (ii) the purchase of: (A) an OEM vehicle for use as a private sector bus iness vehicle or government vehicle; or (B) a vehicle, certified by the Air Quality Board under Subsection 19-1-405(1)(d), for use as a private sector business vehicle or government vehicle; (iii) the retrofit, certified by the Air Quality B oard under Subsection 19-1-405(1)(d), of a private sector business vehicle or government vehic le; (iv) a fuel system, certified by the Air Quality B oard under Subsection 19-1-405(1)(d), for a private sector business vehicle or government vehicle; or (v) a state match of a federal or nonfederal grant for any item under this Subsection (2)(a). (b) The amount of a loan for any vehicle under Sub section (2)(a)(i) or (2)(a)(ii)(A) may

not exceed: (i) the actual cost of the vehicle conversion; (ii) the incremental cost of purchasing the OEM ve hicle; or (iii) the cost of purchasing the OEM vehicle if th ere is no documented incremental cost. (c) The amount of a grant for any vehicle under Su bsection (2)(a)(i) or (2)(a)(ii)(A) may

not exceed: (i) 50% of the actual cost of the vehicle conversi on minus the amount of any tax credit

claimed under Section 59-7-605 or 59-10-1009 for th e vehicle for which a grant is requested; or (ii) 50% of the incremental cost of purchasing an OEM vehicle minus the amount of any

tax credit claimed under Section 59-7-605 or 59-10- 1009 for the vehicle for which a grant is requested. (d) (i) Except as provided in Subsection (3) and s ubject to the availability of monies in the fund, the department may make a loan for the purcha se of vehicle refueling equipment fora private sector business vehicle or a government v ehicle.

(ii) The maximum amount loaned per installation of refueling equipment may not exceed the actual cost of the refueling equipment. (iii) Except as provided in Subsection (3) and sub ject to the availability of monies in the fund, the department may make a grant for a state m atch of a federal or nonfederal grant for the purchase of vehicle refueling equipment for a private sector business vehicle or a government vehicle. (3) The department may not make a loan or grant un der this part for an electric-hybrid

vehicle. (4) The department may: (a) reimburse itself for the costs incurred in adm inistering the fund from: (i) the fund; or (ii) application fees; and (b) establish an application fee for a loan or gra nt from the fund by following the procedures and requirements of Section 63J-1-504. (5) (a) The fund balance may not exceed $10,000,00 0. (b) Interest on cash balances and repayment of loa ns in excess of the amount necessary to maintain the fund balance at $10,000,000 shall be d eposited in the General Fund. (6) (a) Loans made from monies in the fund shall b e supported by loan documents evidencing the intent of the borrower to repay the loan. (b) The original loan documents shall be filed wit h the Division of Finance and a copy shall be filed with the department.

19-1-404. Department duties -- Rulemaking -- Loan repayment.

(1) The department shall: (a) administer the fund created in Section 19-1-40 3 to encourage government officials and private sector business vehicle owners and oper ators to obtain and use clean fuel vehicles; and (b) by following the procedures and requirements o f Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules: (i) specifying the amount of money in the fund to be dedicated annually for grants; (ii) limiting the amount of a grant given to any p erson claiming a tax credit under Section

59-7-605 or 59-10-1009 for the motor vehicle for wh ich a grant is requested to assure that the sum of the tax credit and grant does not exceed : (A) 50% of the incremental cost of the OEM vehicle ; or (B) 50% of the cost of conversion equipment; (iii) limiting the number of motor vehicles per fl eet operator that may be eligible for a grant in a year; (iv) specifying criteria the department shall cons ider in prioritizing and awarding loans and grants; (v) specifying repayment periods; (vi) specifying procedures for: (A) awarding loans and grants; and (B) collecting loans;(vii) requiring all loan and grant applicants to:

(A) apply on forms provided by the department; (B) agree in writing to use the clean fuel for whi ch each vehicle is converted or purchased using loan or grant proceeds for a minimum of 70% o f the vehicle miles traveled beginning from the time of conversion or purchase of the vehi cle; (C) agree in writing to notify the department if a vehicle converted or purchased using loan or grant proceeds becomes inoperable through m echanical failure or accident and to pursue a remedy outlined in department rules; (D) provide reasonable data to the department on a vehicle converted or purchased with loan or grant proceeds; and (E) submit a vehicle converted or purchased with l oan or grant proceeds to inspections by the department as required in department rules and as necessary for administration of the loan and grant program; and (viii) specifying the criteria for awarding a stat e match under Subsection 19-1-403(2). (2) (a) When developing repayment schedules for th e loans, the department shall consider the projected savings from use of the clean fuel ve hicle. (b) A repayment schedule may not exceed 10 years. (c) The department shall make a loan from the fund for a private sector vehicle at an interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as determined the month immediately preceding the closing date of the loan. (d) The department shall make a loan from the fund for a government vehicle with no

interest rate. (3) The Division of Finance shall: (a) collect and account for the loans; and (b) have custody of all loan documents, including all notes and contracts, evidencing the

indebtedness of the fund.

19-1-405. Air Quality Board duties -- Rulemaking.

(1) By following the procedures and requirements o f Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Air Quality Boar d may make rules to: (a) certify a motor vehicle on which conversion eq uipment has been installed if: (i) before the installation of conversion equipmen t, the motor vehicle does not exceed the emission cut points for: (A) a transient test driving cycle, as specified i n 40 CFR 51, Appendix E to Subpart S; or (B) an equivalent test for the make, model, and ye ar of the motor vehicle; and (ii) the motor vehicle's emissions of regulated po llutants, when operating with clean fuel,

is less than the emissions were before the installa tion of conversion equipment; (b) recognize a test or standard that demonstrates a reduction in emissions; (c) recognize a certification standard from anothe r state; (d) certify a fuel, vehicle, retrofit, or fuel sys tem if it is at least as effective in reducing air pollution as fuels under Subsection 19-1-402(1)(a) or vehicles under Subsection 19-1-402(2); or (e) establish criteria for determining the effecti veness of a fuel, vehicle, retrofit, or fuel system in reducing air pollution.(2) A reduction in emissions under Subsection (1)( a)(ii) is demonstrated by:

(a) certification of the conversion equipment by t he federal Environmental Protection Agency or by a state whose certification standards are recognized by the Air Quality Board; (b) testing the motor vehicle, before and after th e installation of the conversion equipment, in accordance with 40 CFR 86, Control of Air Pollution from New and In-use Motor Vehicle Engines: Certification and Test Proce dures, using all fuel the motor vehicle is capable of using; or (c) any other test or standard recognized by the A ir Quality Board in rule.

# APPENDIX 9

UTAH AIR CONSERVATION ACT

19-2, UTAH CODE ANNOTATED

# Air Conservation Act

Utah Code -- Title 19 -- Chapter 02 (May 28, 2009)

19-2-101. Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision

of coordinated st atewide program. .............................................................................................. ..................................2
19-2-102. Definitions........................................................................................................ ...........................................2 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Pe r diem and expenses.............................3
19-2-104. Powers of board. ................................................................................................... ......................................3
19-2-105. Duties of board.................................................................................................... ........................................5
19-2-105.3. Clean fuel requirements for fleets. .............................................................................. .............................5 19-2-106. Rulemaking au thority and procedure. ................................................................................ .........................6 19-2-107. Executive secretary -- Appointment -- Powers. ...................................................................... ....................6 19-2-108. Notice of construction or modification of installations required -- Authority of executive secretary to prohibit construction -- Hearings -- Limitations on authority of board -- Inspections authorized............................... ..7 19-2-109. Air quality standards -- Hearings on adoptio n -- Orders of executive secretary -- Adoption of emission control requirements........................................................................................................... ...........................................7 19-2-109.1. Operating permit require d -- Emissions fee -- Implementation. .................................................... ..........7
19-2-109.2. Small busin ess assistance program. ............................................................................... ..........................9
19-2-109.3. Public access to info rmation. .................................................................................... ...............................9
19-2-109.5. Pr ivate sector air quality permitting pr ofessionals certifi cation pr ogram........................................ .........9
19-2-110. Violations -- Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by board -- Hearings.............................................................................................................. ...........................................10 19-2-112. Generalized condition of air pollution creating em ergency -- Sources causing imminent danger to health
-- Powers of executive director -- Declaration of emergency.................................................................... ..................10
19-2-113. Variances -- Judicial review....................................................................................... ...............................10
19-2-114. Activities not in vi olation of chap ter or rules.................................................................... ........................11
19-2-115. Violations -- Penaltie s -- Reimbursement for expenses. ............................................................. ..............11 19-2-116. Injunction or other remedies to pr event violations -- Civil actions not abridged................................... ...12 19-2-117. Attorney general as legal advisor to board -- Duties of attorney general and county attorneys................12 19-2-118. Violation of inju nction evidence of contempt....................................................................... ....................13 19-2-119. Civil or criminal remedies not excluded -- Actionable rights under chapter -- No liability for acts of God or other catastrophes.......................................................................................................... ..........................................13 19-2-120. Information required of owners or operators of air contaminant sources. ............................................ ....13 19-2-121. Ordinances of pol itical subdivisions authorized.................................................................... ....................13 19-2-122. Cooperative agreements betwee n political subdivisions and department. .............................................. ..13 19-2-123. Tax relief to encourage investment in facilities -- Sales an d use tax exemption.................................... ...13 19-2-124. Application for certification of po llution control facility -- Refunds -- Interest. ................................ ......13 19-2-125. Action on app lication for ce rtification. ........................................................................... ..........................14
19-2-126. Revocation of certif ication -- Grounds -- Procedure................................................................ .................14
19-2-127. Rules for administer ing certification for tax relief............................................................... .....................15Title 19. Environmental Quality Code Chapter 2. Air Conservation Act

19-2-101. Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program.

(1) This chapter is known as the "Air

Conservation Act." (2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human hea lth and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. (3) Local and regional air pollution control programs shall be supported to the extent practicable as essential instruments to secure and maintain appropriate levels of air quality. (4) The purpose of this chapter is to: (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of
government; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which air quality may be protected and consid eration given to the public interest at all levels of planning and development within the

state.

19-2-102. Definitions.

As used in this chapter: (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any combination of them, excluding steam and water vapors. (2) "Air contaminant source" means all sources

of emission of air contamin ants whether privately or publicly owned or operated. (3) "Air pollution" means the presence in the

ambient air of one or more air contaminants in the quantities and duration and under conditions and

circumstances as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by th e rules adopted by the board. (4) "Ambient air" means the surrounding or

outside air. (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite),cummingtonite-grunerite, anthophyllite, and actinolitetremolite. (6) "Asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M,
National Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the pr esence or location, or to assess the condition of, asbest os-containing material or suspected asbestos-containing ma terial, whether by visual or physical examination, or by taking samples of the

material. (8) (a) "Board" means the Air Quality Board. (b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality Board or the Water Quality Board. (9) "Clean school bus" has the same meaning as
defined in 42 U.S.C. Sec. 16091. (10) "Executive secretary" means the executive secretary of the board. (11) (a) "Facility" means machinery, equipment, structures, or any part or accessories of them, installed or acquired for the primary purpose of controlling or disposing of air pollution. (b) "Facility" does not include an air conditioner, fan, or other similar facility for the comfort of personnel. (12) "Friable asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission St andard for Asbestos, that hand pressure can crumble, pul verize, or reduce to powder when dry. (13) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. (14) (a) "Pollution control facility" or "facility" means, as used in Sections 19-2-123 through 19-2-126, any land, structure, building, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement or improvement of, land or an existing structure, building, installation, excavation, machinery, equipment, or device reasonably used, erected, constructed, acquired, or inst alled by any person if the primary purpose of the use, erection, construction, acquisition, or installation is the prevention, control, or reduction of air or water pollution by: (i) the disposal or elim ination of or redesign to
eliminate waste and the use of treatment works for

industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or (ii) the disposal, elimin ation, or reduction of or redesign to eliminate or reduc e air contaminants or air pollution or air contamination sources and the use of air cleaning devices. (b) "Pollution control facility" or "facility" does not include air conditioners, sept ic tanks, or other facilities for human waste, nor any propert y installed, constructed, or used for the moving of sewage to the collection facilities of a public or quasi-public sewerage system.19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem and expenses.

(1) The board comprises 11 members, one of

whom shall be the executive di rector and 10 of whom shall be appointed by the governor with the consent of the

Senate. (2) The members shall be knowledgeable of air pollution matters and shall be: (a) a practicing physician and surgeon licensed in the state not connected with industry; (b) a registered professional engineer who is not from industry; (c) a representative from municipal government; (d) a representative from county government; (e) a representative from agriculture; (f) a representative from the mining industry; (g) a representative from manufacturing; (h) a representative from the fuel industry; and (i) two representatives of the public not representing or connected with industry, at least one of whom represents organized environmental interests. (3) No more than five of the appointed members shall belong to the same political party. (4) The majority of the members may not derive any significant portion of their income from persons subject to permits or orders under this chapter. Any potential conflict of interest of any member or the executive secretary, relevant to the interests of the board, shall be adequately disclosed. (5) Members serving on the Air Conservation Committee created by Laws of Utah 1981, Chapter 126, as amended, shall serve as members of the board throughout the terms for which they were appointed. (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of four years. (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time of appointment or reappointment, ad just the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two

years. (7) A member may serve more than one term. (8) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's term. (9) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (10) The board shall elect annually a chair and a

vice chair from its members. (11) (a) The board shall meet at least quarterly, and special meetings may be called by the chair upon his own initiative, upon the request of the executive secretary, or upon the request of three members of the board. (b) Three days' notice shall be given to each member of the board prior to any meeting. (12) Six members constitute a quorum at any meeting, and the action of a majority of members present is

the action of the board. (13) (a) (i) A member who is not a government employee shall receive no compensation or benefits for the member's services, but may r eceive per diem and expenses incurred in the performance of the member’s official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107. (ii) A member may decline to receive per diem and expenses for the member's service. (b) (i) A state government officer and employee
member who does not receive sa lary, per diem, or expenses from the agency the member represents for the member's service may receive per diem and expenses incurred in the performance of the member's official duties from the board at the rates established by the Division of Finance under

Sections 63A-3-106 and 63A-3-107. (ii) A state government officer and employee member may decline to receive per diem and expenses for
the member's service. (c) (i) A local government member who does not receive salary, per diem, or expenses from the entity that the member represents for the member's service may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by
the Division of Finance under Sections 63A-3-106 and

63A-3-107. (ii) A local government member may decline to receive per diem and expenses for the member's service.

19-2-104. Powers of board.

(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention of air pollution from all sources and the

establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source; (b) establishing air quality standards; (c) requiring persons engaged in operations which result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic re ports containing information relating to the rate, period of emission, and composition of the air contaminant; and (iii) provide access to records relating to emissions which cause or contribute to air pollution; (d) implementing 15 U. S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management plans submitted by local education agencies under that act; (e) establishing a requirement for a diesel emission opacity inspection a nd maintenance program for diesel-powered motor vehicles; (f) implementing an oper ating permit program as required by and in conformity with Titles IV and V of the
federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and ma intenance programs after obtaining agreement from the counties that would be affected by the requirements;(h) with the approval of the governor, implementing in air quality nona ttainment areas employerbased trip reduction programs applicable to businesses having more than 100 employee s at a single location and applicable to federal, state, and local governments to the extent necessary to attain and maintain ambient air quality

standards consistent with the state implementation plan and federal requirements under th e standards set forth in Subsection (2); and (i) implementing lead-based paint remediation training, certification, and performance requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subc hapter IV -- Lead Exposure Reduction, Sections 402 and 406. (2) When implementing Subsection (1)(h) the

board shall take into consideration: (a) the impact of the business on overall air quality; and (b) the need of the business to use automobiles in order to carry out its business purposes. (3) The board may: (a) (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of or matter in the administration of this chapter and compel the attendance of witnesses and the production of documents and other evidence, administer oaths and take testimony, and receive evidence as necessary; (ii) receive a proposed dispositive action from an administrative law judge as provided by Section 19-1-301;

and (iii) (A) approve, approve with modifications, or disapprove a proposed dispositive action; or (B) return the proposed dispositive action to the administrative law judge for further action as directed; (b) issue orders necessary to enforce the provisions of this chapter, enfo rce the orders by appropriate administrative and judicial proceedings, and institute judicial proceedings to secure compliance with this chapter; (c) settle or compromise any civil action initiated to compel compliance with this chapter and the rules made under this chapter; (d) secure necessary scientific, technical, administrative, and operati onal services, including laboratory facilities, by contract or otherwise; (e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this state; (f) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (g) encourage local units of government to handle air pollution within their respective jurisdictions on a cooperative basis and provide technical and consultative assistance to them; (h) encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their ca uses, effects, prevention, abatement, and control; (i) determine by means of field studies and sampling the degree of air contamination and air pollution in all parts of the state; (j) monitor the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere in all part s of this state and take appropriate action with respect to them; (k) collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution; (l) advise, consult, c ontract, and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government, and with interested persons or groups; (m) consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source in the state concerning the efficacy of any proposed control device, or system for this source, or the air pollution problem which may be related to the source, device, or system, but a consultation does not relieve any person from compliance with this chapter, the rules adopted under it, or an y other provision of law; (n) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter; (o) require the owner and operator of each new source which directly emits or has the potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing s ource which by modification will increase emissions or have the potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the reasonable

costs of: (i) reviewing and acting upon the notice required under Section 19-2-108; and (ii) implementing and enforcing requirements placed on the sources by any approval order issued pursuant to notice, not including any court costs associated with any enforcement action; (p) assess and collect noncompliance penalties as required in Section 120 of the federal Clean Air Act, 42 U.S.C. Sec. 7420; (q) meet the requirements of federal air pollution laws; (r) establish work prac tice, certification, and clearance air sampling requi rements for persons who: (i) contract for hire to conduct demolition, renovation, salvage, encapsula tion work involving friable asbestos-containing materials, or asbestos inspections; (ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public has unrestrained access or in school buildings that are subject

to the federal Asbestos Haza rd Emergency Response Act of 1986; (iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or (iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction; (s) establish certification requirements for persons required under 15 U. S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be accredited as inspectors, management planners, abat ement project designers,asbestos abatement contractors and supervisors, or asbestos abatement workers; (t) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of persons who, prior to establishment of the certification requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours of experience as project monitors; (u) establish certif ication procedures and requirements for certification of the conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59- 10-1009; (v) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109.5; (w) establish certif ication requirements for persons required under 15 U. S.C.A. 2601 et seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited as inspectors, risk assessors, supervisors, project designers, or abatement workers; and (x) assist the State Board of Education in adopting school bus idling reduction standards and implementing an idling reduction program in accordance
with Section 41-6a-1308. (4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if any, relating

to control of motor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation of or payment for any monitoring equipment by the owner or operator of a source if the owner or operator has installe d or is operating monitoring equipment that is e quivalent to equipm ent which the board would require under this section.

19-2-105

. Duties of board.

The board, in conjunction with the governing body of each county identifie d in Section 41-6a-1643 and other interested parties, shall perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to: (1) the implementation of a standardized inspection and maintenance program; (2) out-of-state registration of vehicles used in Utah; (3) out-of-county registration of vehicles used within the areas required to have an inspection and maintenance program; (4) use of the farm truck exemption; (5) mechanic training programs; (6) emissions standards; and (7) emissions waivers.

19-2-105.3. Clean fuel requirements
for fleets.

(1) As used in this section: (a) "1990 Clean Air Act" means the federal
Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) propane, compressed natural gas, or electricity; (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air C onservation Act, determines annually on or before July 1 is at least as eff ective as fuels under Subsection (1)(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel vehicle
standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned or operated by a single entity as defined by board rule; and (ii) capable of being fueled or that are fueled at a

central location. (d) "Fleet" does not in clude motor vehicles that

are: (i) held for lease or re ntal to the general public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations or tests; (iv) authorized emergenc y vehicles as defined in Section 41-6a-102; (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1a-102; (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation of reasonably available pollution control strategies, and as part of the state implementation plan demonstr ating attainment of the national ambient air quality standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified geographical areas to use clean fuels if the board

determines fleet use of clean fuels is: (i) necessary to demonstrate attainment of the national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment of the national ambient air quality standards. (b) State implementation plans developed prior to July 1, 1995, may require fleets to use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels is necessary prior to July 1, 1995, to

demonstrate attainment of th e national ambien t air quality standards in any area by an attainment date established by

federal law. (c) The board may not require more than 50% of

those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (2)(b).(3) (a) After evaluation of reasonably available pollution control strategies, and as part of a state implementation plan demonstr ating only maintenance of the national ambient air quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified geographical areas to use clean fuels if the board

determines fleet use of clean fuels is: (i) necessary to demonstrate maintenance of the national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective as compared with other similarly beneficial control strategies for demonstrating maintenance of the national ambient air quality standards. (b) Under Subsection (3)(a) the board may require no more than: (i) 30% of a fleet to use clean fuels before January 1, 1998; (ii) 50% of a fleet to use clean fuels before January 1, 1999; and (iii) 70% of a fleet to use clean fuels before January 1, 2000. (c) The board may not require more than 50% of

those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (3)(b). (4) Rules the board makes under this section may include: (a) dates by which fleets are required to convert to clean fuels under the prov isions of this section; (b) definitions of fl eet owners or operators; (c) definitions of vehicles exempted from this section by rule; (d) certification requi rements for persons who
install clean fuel conversion equipment, including testing

and certification standards regarding installers; and (e) certification fees for installers, established
under Section 63J-1-504. (5) Implementation of this section and rules

made under this section are subject to the reasonable availability of clean fuel in the local market as determined by the board.

19-2-106. Rulemaking authority and procedure.

(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of administering a program under the federal Cl ean Air Act may be more stringent than the correspondi ng federal regulations which

address the same circumstances. In making rules, the board may incorporate by reference corresponding federal regulations. (2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record, that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmen tal information and studies
contained in the record which form the basis for the board's

conclusion.

19-2-107. Executive secretary -- Appointment -- Powers.

(1) The executive secretary shall be appointed by the executive director, with th e approval of the board, and
shall serve under the administrative direction of the

executive director. (2) The executive secretary may: (a) develop programs for the prevention, control,
and abatement of new or existi ng air pollution resources of the state; (b) advise, consult, and cooperate with other agencies of the state, the fe deral government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter; (c) employ full-time employees necessary to carry out this chapter; (d) as authorized by the board, subject to the provisions of this chapter, authorize any employee or representative of the department to enter at reasonable time and upon reasonable notice in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible air pollution; (e) encourage, particip ate in, or conduct studies, investigations, research, and de monstrations relating to air pollution and causes of it as advisable and necessary for the discharge of duties assigned under this chapter, including

the establishment of invent ories of pollution sources; (f) collect and disseminate information relating to air pollution and the prevention, control, and abatement of it; (g) as authorized by the board subject to the provisions of this chapter, enforce rules through the issuance of orders, including: (i) prohibiting or aba ting discharges of wastes affecting ambient air; (ii) requiring the construction of new control facilities or any parts of new control facilities or the modification, extens ion, or alteration of existing control facilities or any parts of new control facilities; or (iii) the adoption of other remedial measures to prevent, control, or abate air pollution; (h) review plans, spec ifications, or other data relative to pollution control systems or any part of the systems provided in this chapter; (i) as authorized by the board, subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to any state or federal authorities for tax purposes the fact of cons truction, installation, or acquisition of any facility, land, building, machinery, or equipment or any part of them, in conformity with this chapter; (j) cooperate with any person in studies and research regarding air pollution, its control, abatement, and prevention; and(k) represent the state with the specific
concurrence of the executive director in all matters pertaining to interstate air po llution, including interstate compacts and similar agreements.

19-2-108

. Notice of construction or modification of installations required -- Authority of executive secretary to prohibit construction -- Hearings -- Limitations on authority of board -- Inspections authorized.

(1) The board shall require that notice be given to the executive secretary by any person planning to construct a new installation which will or might r easonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be expected to increase the amount of or change the character or

effect of air contaminants discha rged, so that the installation may be expected to be a source or indirect source of air pollution, or by any person planning to install an air cleaning device or other equipment intended to control emission of air contaminants. (2) (a) (i) The executive secretary may require, as a condition precedent to the constructi on, modification, installation, or establishment of the air contaminant source or indirect source, the submission of plans, specificati ons, and other information as he finds necessary to determine wh ether the proposed construction, modification, installation, or esta blishment will be in accord with applicable rules in force under this chapter. (ii) Plan approval for an indirect source may be delegated by the executive secret ary to a local authority when requested and upon assurance that the local authority has and will maintain sufficient expertise to in sure that the planned installation will meet the requirements established by law. (b) If within 90 days af ter the receipt of plans, specifications, or other informati on required under this subsection, the executive secretary determines that the proposed construction, installation, or establishment or an y part of it will not be in accord with the requirements of this chap ter or applicable rules or that further time, not exceeding three extensions of 30 days each, is required by the board to adequately review the plans, specifications, or other informa tion, he shall issue an order prohibiting the construction, installa tion, or establishment of the air contaminant source or sources in whole or in part. (3) In addition to any other remedies, any person aggrieved by the issuance of an order either granting or denying a request for the construction of a new installation, and prior to invoking any such other remedies shall, upon request, in

accordance with the rules of the board, be entitled to a hearing conducted by an administrative la w judge as provided by Section 19-1-301. Following the hearing a nd the receipt by the board of the proposed dispositive action from the administrative law judge, the board may affirm, modify, or withdraw the permit. (4) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted under Subsection (1) shall be maintained in good working order. (5) This section does not authorize the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer if the required performance standards may be met by machinery, devices, or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative of the board may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, m odified, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and the rules adopted under it. (b) (i) A person may not refuse entry or access to any authorized representative of the board who requests entry for purposes of inspection and who presents appropriate credentials. (ii) A person may not obstruct, hamper, or interfere with any inspection. (c) If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.

19-2-109

. Air quality standards -- Hearings on adoption -- Orders of executive secretary -- Adoption of emission control requirements.

(1) (a) The board, in adopting standards of quality for ambient air, shal l conduct public hearings. (b) Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. (c) The notice shall be: (i) (A) published at leas t twice in any newspaper of general circulation in the area affected; and (B) published, in acco rdance with Section 45-1- 101, at least 20 days before the public hearing; and (ii) mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the executive secretary has reason to believe will be affected by the

standards. (d) The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the executive secretary following formal action of the board with respect to the standards. (e) The order shall be published: (i) in a newspaper of general circulation in the area affected; and (ii) as required in Section 45-1-101. (2) (a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. (b) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1).

19-2-109.1

. Operating permit required -- Emissions fee -- Implementation.

(1) As used in this section and Sections 19-2-
109.2 and 19-2-109.3: (a) "EPA" means the federal Environmental Protection Agency. (b) "1990 Clean Air Act" means the federal
Clean Air Act as amended in 1990. (c) "Operating permit" means a permit issued by the executive secretary to sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air

Act.(d) "Program" means the air pollution operating permit program established unde r this section to comply
with Title V of the 1990 Clean Air Act. (e) "Regulated pollutant" has the same meaning
as defined in Title V of the 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source of air pollution required to have a permit under Title V of the 1990 Clean Air Act without having obtained an operating permit from the executive secr etary under procedures the board establishes by rule. (b) A person is not required to submit an operating permit applica tion until the governor has submitted an operating permit program to the EPA. (c) Any operating permit issued under this section may not become effective until the day after the EPA issues approval of the permit program or November 15, 1995, whichever occurs first. (3) (a) Operating permits issued under this section shall be for a period of five years unless the board makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and th e environment of the state. (b) The executive secretary may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing. (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the cond itions of issued operating permits to incorporate applic able federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the remaining period of the permit is three or more

years. (d) The executive secretary may terminate, modify, revoke, or reissue an operating permit for cause. (4) (a) The board shall establish a proposed

annual emissions fee that conforms with Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources requi red to obtain a permit. The

emissions fee established under th is section is in addition to
fees assessed under Section 19-2-108 for issuance of an approval order. (b) In establishing the fee the board shall comply with the provisions of Sect ion 63J-1-504 that require a public hearing and require the established fee to be submitted to the Legislature for its approval as part of the department's annual appropriations request. (c) The fee shall cover all reasonable direct and indirect costs required to develop and administer the program and the small business assistance program
established under Section 19-2- 109.2. The board shall prepare an annual report of the emissions fees collected and the costs covered by those fees under this Subsection (4). (d) The fee shall be established uniformly for all sources required to obtain an operating permit under the program and for all regulated pollutants. (e) The fee may not be assessed for emissions of any regulated pollutant if the emissions are already accounted for within the emissions of another regulated pollutant. (f) An emissions fee may not be assessed for any amount of a regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant. (5) Emissions fees for the period: (a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissions inventory prepared by the executive secretary; and (b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be based on the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee on allowable emissions, if applicable for a regulated pollutant. (6) After an operating permit is issued the

emissions fee shall be based on actual emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a permit, to base the fee during the period of the permit on allowable emissions for that regulated pollutant. (7) If the owner or operator of a source subject to this section fails to timely pa y an annual emissions fee, the executive secretary may: (a) impose a penalty of not more than 50% of the fee, in addition to the fee, pl us interest on the fee computed at 12% annually; or (b) revoke the operating permit. (8) The owner or operato r of a source subject to this section may contest an emissions fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4, Administ rative Procedures Act, and Section 19-1-301, as provide d in this Subsection (8). (a) The owner or operator must pay the fee under protest prior to being entitled to a hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to contest the fee or penalty under this section. (b) A request for a hear ing under this Subsection (8) shall be made after payment of the emissions fee and
within six months after the emissions fee was due. (9) To reinstate an operating permit revoked under Subsection (7) the owner or operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees, and interest on the outstanding emissions fees computed at 12% annually. (10) All emissions fees and penalties collected by the department under this s ection shall be deposited in the General Fund as the Air Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by the department in developing an d administering the program

and the small business assist ance program under Section

19-2-109.2. (11) Failure of the executive secretary to act on any operating permit application or renewal is a final administrative action only for the purpose of obtaining judicial review by any of th e following persons to require the executive secretary to take action on the permit or its renewal without additional delay: (a) the applicant; (b) any person who participated in the public
comment process; or (c) any other person who could obtain judicial
review of that action under applicable law.19-2-109.2

. Small business assistance

program.
(1) The board shall establish a small business stationary source technical and environmental compliance assistance program that conf orms with Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air pollution laws. (2) There is created the Compliance Advisory Panel to advise and monitor the program created in Subsection (1). The seven panel members are: (a) two members who are not owners or representatives of owners of small business stationary air pollution sources, selected by the governor to represent the general public; (b) four members who are owners or who represent owners of small business stationary sources selected by leadership of the Utah Legislature as follows: (i) one member selected by the majority leader of the Senate; (ii) one member selected by the minority leader of the Senate; (iii) one member selected by the majority leader of the House of Representatives; and (iv) one member selected by the minority leader of the House of Representatives; and (c) one member selected by the executive director to represent the Division of Air Quality, Department of Environmental Quality. (3) (a) Except as required by Subsection (b), as terms of current panel memb ers expire, the department shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (a), the departme nt shall, at the time of appointment or reappointment, ad just the length of terms to ensure that the terms of pa nel members are staggered so that approximately half of th e panel is appointed every two

years. (4) Members may serve more than one term. (5) Members shall hold office until the expiration of their terms a nd until their successors are appointed, but not more than 90 days after the expiration of

their terms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (7) Every two years, the panel shall elect a chair

from its members. (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the executive secretary, or upon writ ten request of three of the members of the panel. (b) Three days' notice shall be given to each member of the panel prior to a meeting. (9) Four members constitute a quorum at any meeting, and the action of the majority of members present is the action of the panel. (10) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member’s official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107. (ii) Members may decline to receive per diem and expenses for their service. (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the panel at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-

107. (ii) State government officer and employee members may decline to receive per diem and expenses for
their service. (c) Legislators on the committee shall receive compensation and expenses as provided by law and legislative rule.

19-2-109.3

. Public access to
information.

A copy of each permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

19-2-109.5

. Private sector air quality permitting professionals certification

program.
(1) As used in this section, "AQPP" means an air quality permitting professional. (2) The board may establish a program to certify private sector AQPPs, includi ng consultants and employees of companies that may seek air quality permits from the division. Any program establ ished under this section shall

include: (a) a training program established and operated by the department, which desc ribes and explains the state law and rules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement to pass an exam to measure qualifications of AQPP applicants; (c) an option for certification of an AQPP by passing the exam without undergoing any training required under the program; (d) an application process, including a fee
established under Section 63J-1- 504 that covers the costs of the training, testing, and application process and the department's maintenance of a list of certified AQPPs; (e) certification of qualified AQPP applicants; (f) maintenance by the department of a current list of certified AQPPs, which is available to the public; (g) procedures for the expedited review by the department of air quality permit applications submitted by certified AQPPs; and (h) professional standards for AQPPs. (3) The board may not require AQPP certification as a condition of preparing or submitting anotice of intent or operating permit application under this chapter. (4) Any program under this section shall provide for revocation of any certifica tion issued under this section if the department determines, through an administrative hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, that the AQPP: (a) knowingly or negligently submitted false information or data as part of an air quality permit application; (b) prepared more than three air quality permit applications in one calendar year in a manner that each did not substantially comply w ith department application requirements; or (c) prepared any air qua lity permit application in violation of the professional standards defined by department rule.

19-2-110

. Violations -- Notice to
violator -- Corrective action orders -- Conference, conciliation, and persuasion by board -- Hearings.

(1) (a) Whenever the executive secretary has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, he may
serve written notice of th e violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable

time. (b) In lieu of beginning an adjudicative proceeding under Subsection (1)(a), the board may initiate an action pursuant to Section 19-2-115. (2) Nothing in this chapter prevents the board from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means. (3) Hearings may be held before an administrative law judge as provided by Section 19-1-301.

19-2-112

. Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers
of executive director -- Declaration of

emergency.
(1) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any other provision of law to the contrary notwithstanding, if the executive director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence of the governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the em ission of air contaminants. (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing to be held before the governor. (c) Not more than 24 hours after the commencement of this hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order
of the executive director. (2) (a) In the absence of a generalized condition of air pollution referred to in Subsection (1), but if the

executive director finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section

63G-4-502. (b) Notwithstanding Section 19-1-301, the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge. (3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis of that declaration.

19-2-113

. Variances -- Judicial
review.

(1) (a) Any person who owns or is in control of any plant, building, structure, establishment, process, or equipment may apply to the bo ard for a variance from its

rules. (b) The board may grant the requested variance following an announced public m eeting, if it finds, after considering the endangerment to human health and safety and other relevant factors, th at compliance with the rules

from which variance is s ought would produce serious hardship without equal or grea ter benefits to the public. (2) A variance may not be granted under this

section until the board has cons idered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. (3) Any variance or renewal of a variance shall be granted within the requir ements of Subsection (1) and for time periods and under condit ions consistent with the reasons for it, and within the following limitations: (a) if the variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary means for prevention, abatemen t, or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe; (b) (i) if the variance is granted on the grounds that compliance with the requirements from which variance is sought will require that measures, because of their extent or cost, must be spread over a long period of time, the variance shall be granted for a reasonable time that, in the view of the board, is requi red for implementation of the necessary measures; and (ii) a variance granted on this ground shall

contain a timetable for the implementation of remedial measures in an expediti ous manner and shall be conditioned on adherence to the timetable; or (c) if the variance is granted on the ground that it is necessary to relieve or prevent hardship of a kind other than that provided for in Subsection (a) or (b), it shall not be granted for more than one year.(4) (a) Any variance granted under this section may be renewed on terms and conditions and for periods that would be appropriate for initially granting a variance. (b) If a complaint is made to the board because of the variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal is justified. (c) To receive a renewal, an applicant shall submit a request for agency action to the board requesting a
renewal. (d) Immediately upon rece ipt of an application for renewal, the board shall give public notice of the application as requi red by its rules. (5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the board's

discretion. (b) A person aggrieved by the board's decision may obtain judicial review. (c) Venue for judicial review of informal adjudicative proceedings is in the district court in which the

air contaminant source is situated. (6) (a) The board may review any variance during the term for which it was granted. (b) The review procedure is the same as that for an original application. (c) The variance may be revoked upon a finding

that: (i) the nature or amount of emission has changed or increased; or (ii) if facts existing at the date of the review had existed at the time of the original application, the variance would not have been granted. (7) Nothing in this section and no variance or renewal granted pursuant to it shall be construed to prevent or limit the application of the emergency provisions and procedures of Section 19-2-112 to any person or property.

19-2-114

. Activities not in violation of chapter or rules.

The following are not a violation of this chapter or of any rules made under it: (1) burning incident to horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants; or (b) dead or diseased trees, bushes, and plants, including stubble; (2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes; (3) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heati ng do not violate minimum standards set by the board; and (4) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United Stat es Weather Service clearing

index is above 500.

19-2-115

. Violations -- Penalties -- Reimbursement for expenses.

(1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall
mean as defined in Section 76-2-103. (2) (a) A person who violat es this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2-104, for implementation of 15 U.S.C. A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response. (c) Penalties assessed fo r violations described in 15 U.S.C.A. 2647, Toxic S ubstances Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts speci fied in that section and

shall be used in accordance with that section. (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $25 ,000 per day of violation who knowingly: (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter. (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty under
Section 19-2-109.1. (6) A person who willfully violates Section 19-2- 120 is guilty of a class A misdemeanor. (7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the executive secretary that the person is violating the requirement, knowingly violat es an order issued under Subsection 19-2-110(1)(a), or knowingly handles or disposes of asbestos in violation of a rule made under this chapter is guilty of a third degree felony and subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation in the case of the first offense, and not more than $50,000 per day of violation in the case of subsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. 7412 or any extremely hazardous substance listed under 42 U.S.C. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, establis hed or organized for any purpose, and includes a corporat ion, company, association, firm, partnership, joint stock company, foundation,institution, trust, society, union, or any other association of

persons. (iii) "Serious bodily injury" means bodily injury
which involves a substantial ri sk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person w ith criminal negligence: (A) releases into the ambient air any hazardous air pollutant; and (B) places another pers on in imminent danger of death or serious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (c) A person is guilty of a second degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $50,000 per day of violation if that

person: (i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time th at the person is placing another person in imminent da nger of death or serious bodily injury. (d) If a person is an organization, it shall, upon conviction of violating Subsec tion (8)(c), be subject to a fine of not more than $1,000,000. (e) (i) A defendant who is an individual is

considered to have acte d knowingly under Subsections (8)(c) and (d), if: (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. (ii) Knowledge possessed by a person other than the defendant may not be attr ibuted to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirma tive defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable

hazards of: (A) an occupation, a business, a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. (ii) The defendant has the burden of proof to establish any affirmative de fense under this Subsection (8)(f) and must prove that defense by a preponderance of
the evidence. (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federa l law, all penalties assessed and collected under the authority of this section shall be deposited in the General Fund. (b) The department may reimburse itself and local governments from monies collected from civil penalties for extraordinary expenses incurred in
environmental enforcement activities. (c) The department shall regulate reimbursements by ma king rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (i) define qualifying environmental enforcement activities; and (ii) define qualifying extraordinary expenses.

19-2-116

. Injunction or other remedies to prevent violations -- Civil actions not abridged.

(1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The board has the power to institute and maintain in the name of the state any and all enforcement proceedings. (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of an y person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this

purpose. (3) (a) In addition to any other remedy created in this chapter, upon failure of any person to comply with any provision of this chapter or any rule adopted under it or any final order made by the board, the executive secretary, or the executive director and when it appears necessary for the protection of health and welf are, the board may initiate through its executive secretary an action for appropriate injunctive relief. (b) The attorney general shall bring injunctive relief actions on request. (c) A bond is not required.

19-2-117

. Attorney general as legal advisor to board -- Duties of attorney general and county attorneys.

(1) The attorney general is the legal advisor to the board and its executive secretary and shall defend them or any of them in all actions or proceedings brought against them or any of them. (2) The county attorney in the county in which a cause of action arises may, upon request of the board or its executive secretary, bring any action, civil or criminal, to abate a condition which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the standards, orders, or rules of the board or the executive secretary issued under this chapter. (3) The board or its executive secretary may bring any action and be represen ted by the attorney general. (4) In the event any person fails to comply with a

cease and desist order of the board or its executive secretary that is not subject to a stay pending administrative or judicial review, the board may, through its executivesecretary, initiate an action for, and is entitled to, injunctive relief to prevent any further or continued violation of the

order.

19-2-118

. Violation of injunction evidence of contempt.

Failure to comply with the terms of any injunction issued under this chap ter is prima f acie evidence of contempt which is punis hable as for other civil
contempts.

19-2-119

. Civil or criminal remedies not excluded -- Actionable rights under chapter -- No liability for acts of God or other catastrophes.

(1) Existing civil or criminal remedies for any wrongful action which is a violation of any part of the law are not excluded by this chapter. (2) Persons other than the state or the board do not acquire actionable rights by virtue of this chapter. (3) The liabilities imposed for violation of this chapter are not imposed for any violation caused by an act of God, war, strike, ri ot, or othe r catastrophe.

19-2-120. Information required of owners or operators of air contaminant

sources.
The owner or operator of any stationary air

contaminant source in the state shall furnish to the board the reports required under Section 19-2-104 and any other information the board finds necessary to determine whether the source is in compliance with state and federal regulations and standards. The information shall be correlated with applicable emission standards or limitations and shall be available to the public during normal business hours at the office of the department.

19-2-121

. Ordinances of political
subdivisions authorized.

Any political subdivision of the state may enact and enforce ordinances to control air pollution that are consistent with this chapter.

19-2-122. Cooperative agreements between political subdivisions and department.

(1) Any political subdivision of the state may enter into and perform with ot her political subdivisions of the state or with the department contracts and agreements as they find proper for establishing, planning, operating, and financing air pollution programs. (2) The agreements may provide for an agency

to: (a) supervise and operate an air pollution

program; (b) prescribe, subject to the approval of the board, the agency's powers and duties; and (c) fix the compensation of the agency's members and employees.

19-2-123

. Tax relief to encourage
investment in facilities -- Sales and use tax exemption.

(1) It is in the public interest of the state to encourage, through tax relief, investment in pollution control and pollution elimination facilities while at the same time making and keeping the state an attractive location for continued industrial development, including the expansion of existing plants, thereby increasing employment and payrolls and upgrading the natural

resources of the state. (2) All materials and equipment purchased, leased, or otherwise procured and services utilized for the construction or installation in a pollution control facility are exempt from sales and use ta xes imposed by Title 59, Chapter 12, Sales and Use Tax Act, upon obtaining a certification of pollution control facility from the board.

19-2-124

. Application for certification of pollution control facility --
Refunds -- Interest.

(1) (a) A person who qua lifies under Subsection (2) may apply to the board for certification of a pollution control facility erected, construc ted, or installed, or to be erected, constructed, or installed in the state. (b) The person may file the application after: (i) a firm construction contract has been entered;

or (ii) construction has commenced. (2) (a) (i) A person who applies under Subsection (1) shall be: (A) the owner of a trade or business that uses property in the state requiring a pollution control facility to prevent or minimize pollution; or (B) a person who, as a lessee or pursuant to an agreement, conducts the trade or business that operates or uses the property. (ii) For purposes of this Subsection (2), "owner" includes a contract purchaser. (b) The facility shall be owned, operated, or leased during a part of the tax year in which the exemption

is claimed. (c) A person who obtains certification for a pollution control facility may claim an exemption from sales and use taxes as provided in Sections 19-2-123 and
59-12-104. (d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that: (i) is not certified under Section 19-2-125, may

obtain a refund of the tax if: (A) the board subsequently certifies the pollution control facility; (B) the tangible personal property or services meet the requirements for exemption provided inSubsections 19-2-123(2) and 59-12-104(11), except for the certification requirement; and (C) the person files a claim for the refund with
the State Tax Commission within the lesser of: (I) three years after the day on which the pollution control facility is certified under Section 19-2- 125; or (II) six years after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act; or (ii) is certified under Section 19-2-125, may

obtain a refund of the tax if: (A) the tangible personal property or services meet the requirements for exemption provided in Subsections 19-2-123(2) and 59-12-104(11); and (B) the person files a claim for the refund with the State Tax Commission within three years after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. (e) (i) If a person files a claim for a refund of taxes under Subsection (2)(d)(i) paid on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that was not certifie d under Section 19-2-125 at the time of the purchase: (A) within 180 days after the day on which the board certifies the pollution control facility, interest shall accrue to the amount of the refund granted by the State Tax

Commission: (I) at the rate prescribed in Section 59-1-402;

and (II) beginning on the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act, for which the person is claiming a refund; or (B) more than 180 days after the day on which the board certifies the pollution control facility, interest shall be added to the amount of the refund granted by the

State Tax Commission: (I) at the rate prescribed in Section 59-1-402;

and (II) beginning 30 days after the day on which the person files the claim for a refund under Subsection (2)(d). (ii) If a person files a claim for a refund of taxes under Subsection (2)(d)(ii) paid on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that was
certified under Section 19-2-125 at the time of the purchase, interest shall accrue to the amount of the refund granted by the State Tax Commission: (A) at the rate prescr ibed in Section 59-1-402;

and (B) beginning 30 days after the day on which the person files a claim for a refund under Subsection (2)(d). (3) (a) Each application shall: (i) be in a format prescribed by the board; and (ii) contain: (A) a description of the facility and materials incorporated in the facility; (B) the machinery and equipment; (C) the existing or proposed operational procedure; and (D) a statement of the purpose of pollution prevention, control, or reducti on served or to be served by the facility. (b) The board may require any further

information it finds necessa ry before issuance of a

certificate.

19-2-125

. Action on application for
certification.

(1) (a) The board shall certify the facility if, after consulting with the State Tax Commission, the board finds

that: (i) a pollution control facility or a part of a pollution control facility, for which application is made
under Section 19-2-124: (A) was or is to be erected, constructed, acquired, or installed; and (B) is designed and is being operated or will operate primarily to prevent, co ntrol, or reduce air or water pollution; and (ii) the applicant qualifies under Section 19-2-

124. (b) If one or more facilities constitute an operational unit, the board may certify those facilities under

one certificate. (2) (a) The board and the State Tax Commission shall act on an application under Section 19-2-124 before the 120th day after filing. (b) Failure of the board and the State Tax Commission to timely act constitutes automatic acceptance of the application and the board shall furnish a certificate to the applicant on demand.

19-2-126

. Revocation of certification
-- Grounds -- Procedure.

(1) (a) The board, after consulting with the State Tax Commission, may revoke the certification issued under Section 19-2-125 of any pollution control facility if it finds

that the: (i) certification was obtained by fraud or gross misrepresentation; or (ii) holder of the certificate has failed substantially to operate the facility for the purpose of, and to the extent necessary to prevent, control, or reduce air or water pollution as specified in the certificate. (b) A shutdown of the facility due to force majeure, including obsolescence , is not cause to revoke certification of any facility. (2) (a) The board shall provide notice of the revocation by issuing a not ice of agency action. (b) The holder of the certificate may obtain judicial review of the revocation. (c) The revocation is final and conclusive unless an appeal is taken. (d) If the revocation is affirmed on appeal,
revocation is final on the da te notice of revocation was received by the holder. (3) As soon as a revoca tion under this section is final, the board shall notify the State Tax Commission of
the revocation.(4) (a) If the certification of a pollution control facility is revoked, all prior ta x relief provided to the holder

because of the certificate is forfeited. (b) The State Tax Commission shall collect taxes not paid by the holder because of the tax relief provided the holder to the extent permitted by the applicable statute of

limitations.

19-2-127

. Rules for administering
certification for tax relief.

In addition to the powers granted it, the board may formulate, amend, or cancel rules establishing procedures for processing and evaluating applications for certification, establishing procedures for the issuance and revocation of certificates, and al l other matters pertaining to the board in administering certification for tax relief on pollution control facilities.