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 Asbestos Section 

Manager 

Agency: Utah Department of Environmental Quality 

Division of Air Quality 

Title: Utah Lead-Based Paint Certification, Accreditation 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 Letter 

 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 Summary 

 4) Utah Lead-Based Paint Program - Program Description 

 5) Utah Lead-Based Paint Program - Program Analysis 

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

 7) Appendices 

Appendix 1 - Utah Administrative Rulemaking Act - 63-46a, 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 Session) 

Appendix 4 - Lead-Based Paint Accreditation, Certification and Work Practice 

 Standards - R307-840, UAC 

Appendix 5 - General Requirements - R307-101-102, UAC 

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

Poisoning Prevention in Certain Residential Structures 

Appendix 7 - Utah Administrative Procedures Act - 63-46b, 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 process 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 Department of Environmental Quality/ Division of 

Air Quality (UDEQ/DAQ) on both subjects simultaneously. 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, Utah. No written or oral comments were received 

by the UDEQ/DAQ during the hearing or public comment period relating to the rulemaking or to the 

intent of the UDEQ/DAQ to seek LBP Program authorization from the USEPA. 

The UDEQ/DAQ rulemaking process must follow the requirements outlined in the Utah 

Administrative Rulemaking Act (63-46a, Utah Code Annotated (UCA))(Appendix 1) and the 

procedures outlined in Utah Administrative Rules, Utah Administrative Code (UAC))(Appendix 2). 

To help document the public hearing process, this section 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 Hearing Roster, and the March 16, 2010 

Memorandum from Robert W. Ford to the Utah Air Quality. 




































UTAH LEAD-BASED PAINT PROGRAM

PROGRAM SUMMARY 
1 

UTAH LEAD-BASED PAINT PROGRAM 

RENOVATION, REPAIR, AND PAINTING PROGRAM

SUMMARY

Legislative Summary 

During the 1998 Utah legislative session, Senate Bill 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 administrative rules for a Utah Lead-Based Paint (LBP) 

Program. The legislation specifically gives authority to the Board to make rules for training, 

certification and performance requirements in accordance 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, certification and clearance sampling requirements 

for persons who conduct LBP inspections in facilities subject to TSCA Title IV. 

The Utah Attorney General's Office reviewed the content 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 Environmental Quality/Division of Air Quality 

(UDEQ/DAQ) provided the Board with a proposed modification to our existing administrative 

rule (Utah Administrative Code (UAC) R307-840 - Lead-Based Paint Accreditation, 

Certification and Work Practice Standards) to establish the rules necessary for the Utah LBP 

Program to administer 40 CFR 745 Subpart E - Residential Property Renovation which is 

otherwise known as the Renovation, Repair, and Painting 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 Board subsequently adopted the UDEQ/DAQ 

proposed modifications to the existing version of UAC R307-840 (Appendix 4) with an effective 

date of April 7, 2010. 
2 

UAC R307-840, R307-841, and R307-842 incorporate the federal regulation with a few 

modifications to facilitate LBP program implementation by the State of Utah. The UDEQ/DAQ 

considers these modifications necessary to implement an effective LBP program and also 

considers these modifications to be as protective to human health and the environment as the 

federal LBP program. The following paragraphs provide a brief summary of the three sections in 

UAC R307-840. Each section will identify which parts of the federal regulations in 40 CFR 745 

- Subpart E are adopted by reference and gives a brief overview of the contents of each section. 

Throughout UAC R307-840, R307-841, and R307-842, where appropriate, references to "EPA" 

(the U.S. Environmental Protection Agency) have been replaced with "the Executive Secretary" 

(meaning Executive Secretary of the Utah Air Quality Board) when "EPA" is used for LBP 

program administrative activities. 

R307-840 Lead-Based Paint Program Purpose, Applicability, and 

Definitions. 

This section substantially adopts 40 CFR 745.83 and 745.220 by reference. Where 

appropriate, references to federal rules were replaced with the corresponding reference 

to the DAQ LBP rule. Additionally, identical provisions that had separate definitions in 

different subparts of the federal regulation were replaced by the most stringent 

definition. 

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

This section substantially adopts 40 CFR 745.80, 745.81, 745.82, 745.84, 745.85, 

745.86, 745.89, 745.90 and 745.91(a) from the federal LBP regulations by reference. 

This section of the Utah LBP rule outlines the requirements for Utah LBP Rule 

purpose, effective dates, applicability, information distribution requirements, work 

practice standards, recordkeeping and reporting, and firm and renovator certification 

regulations as they apply to the Utah Renovation, Repair, and Painting Rule. The 

federal rule was also modified to better conform to State rule formatting and 

punctuation and references to federal rules were replaced with the corresponding 

reference to the DAQ LBP rule. References to fee refunds 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 made 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 references to federal rules were replaced 

with the corresponding reference to the DAQ LBP rule. Finally this section was also 

modified to include fees for renovator, dust sampling technician and firm certification. 
3 
UTAH LEAD-BASED PAINT PROGRAM

PROGRAM DESCRIPTION 
1 

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.gov 
2 

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 Code of Federal Regulations (40 CFR) Part 745 

Subpart E. The Board finalized the rulemaking process modifying Utah Administrative Code (UAC) 

R307-840 - Lead-Based Paint Accreditation, Certification 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 substantially adopt 40 CFR 745 Subpart E by 

reference. Because the DAQ substantially adopted the 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 detailed explanation of the modifications found in 

UAC R307-840, UAC R307-841, and UAC R307-842 will be described in the following program 

analysis section. It is the opinion of the DAQ that 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 UAC 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 believes it has established the procedures and work 

practice requirements for compensated renovation, repair, and painting projects in regulated facilities 

as well as training program accreditation, and renovator 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 clear standards for identifying activities 

that trigger the RRP requirements and establishes procedures for certification of firms and individuals 

and work practice requirements equivalent to the federal standards. 
UTAH LEAD-BASED PAINT PROGRAM

PROGRAM ANALYSIS 
1 

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 adopted Title 40 Code of Federal 

Regulations (40 CFR) Part 745 - Subpart E (including 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 made 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 the modifications of 40 CFR 745 - 

Subpart E found in Utah Administrative Code (UAC) R307-840, UAC R307-841, and UAC 

R307-842. In this rule analysis document, text added to the federal LBP regulation by the 

state rule is underlined (e.g. Rule R307-840 establishes) 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 sections 402 and 406 of the 

Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all 

renovations 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 Sec. 745.82 

are properly trained; renovators and firms performing these renovations are 

certified; and the work practices in Sec. 745.85 are 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 and 2686) and applies to all 

renovations performed for compensation in target housing and child-occupied 

facilities. The purpose of this rule subpart is to ensure the following: 

(1) Owners and occupants of target housing and child-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

§ 745.82 are properly trained; renovators and firms performing 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 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 authorized under 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 June 23, 2008, no training program may provide, 

offer, or claim to provide training or refresher training for EPA certification as a 

renovator or a dust sampling technician without accreditation from EPA under 

Sec. 745.225. Training programs may apply for accreditation under Sec. 745.225 

beginning April 22, 

2009. 

(2) Firms. (i) Firms may apply for certification under Sec. 745.89 beginning 

October 22, 2009. 

(ii) On or after April 22, 2010, no firm may perform, offer, or claim to perform 

renovations without certification from EPA under Sec. 745.89 in target housing or 

child-occupied facilities, unless the renovation qualifies for one of the exceptions 

identified in Sec. 745.82(a) or (c). 

(3) Individuals. On or after April 22, 2010, all renovations must be directed by 

renovators certified in accordance with Sec. 745.90(a) and performed by certified 
3 

renovators or individuals trained in accordance with Sec. 745.90(b)(2) in target 

housing or child-occupied facilities, unless the renovation 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 Sec. 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 qualifies 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 22, 2008, renovators or firms 

performing renovations in States and Indian Tribal areas without an authorized 

program may provide owners and 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 Renovate Right: Important Lead Hazard Information for 

Families, Child Care Providers and Schools, the provisions 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 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 authorized under subpart Q 

of this part. The training, certification and accreditation requirements 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 refresher training for Executive 

Secretary EPA certification as a renovator or a dust sampling technician 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 beginning 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, unless the 
4 

renovation qualifies for one of the exceptions identified 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 trained 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 exceptions 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 R307-841-5 § 745.85 and the 

associated recordkeeping requirements in R307-841-6(2)(f) and (2)(g) § 

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 R307-841-3(1) or (3) § 

745.82(a) or (c). 

(e) The suspension and revocation provisions in § 745.91 are effective April 22, 

2010.

(2) Renovation-specific pamphlet. Before December 22, 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 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.

(3) Pre-Renovation Education Rule. With the exception of the requirement to use 

the pamphlet entitled Renovate Right: Important Lead Hazard Information for 

Families, Child Care Providers and Schools, the provisions of the Pre-Renovation 

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 statement “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 authorized under 

subpart Q of this part.” as the State of Utah has no authority to require such and this 

authority is retained by USEPA. Additionally, in order 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 made. 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. Second, instances of “EPA” were replaced 

with “Executive Secretary” or “the Executive Secretary”, as appropriate, as the Executive 
5 

Secretary administers RRP training program accreditation and individual certification. 

Finally, effective dates were removed as the rule went 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 the statement “§ 745.89 beginning 

October 22, 2009” and with “R307-841-7” in order for references to refer to corresponding 

sections in the State RRP Rule and to show that those 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 CFR 745.324. 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 the rule immediately went into effect 

when the Air Quality Board adopted the State RRP Rule. 

40 CFR 745.81(a)(2)(ii) was modified by removing the 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 administers RRP training firm certification. 

Additionally, references to § 745 were replaced with references to corresponding sections in 

the State RRP Rule. 

40 CFR 745.81(a)(3) was modified by removing the 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. References to § 745 were replaced with 

references to corresponding sections in the State RRP Rule. 

40 CFR 745.81(a)(4) was modified by removing the 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. References to § 745 were replaced with 

references to corresponding sections in the State RRP Rule. 

40 CFR 745.81(a)(5) was removed as the rule immediately 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 statements “Before December 22, 2008,”, 

“with either of the following EPA pamphlets: Protect Your Family From Lead in Your 

Home or”, and “After that date, Renovate Right: Important Lead Hazard Information for 

Families, Child Care Providers and Schools must be used exclusively.” and replacing “States 

and Indian Tribal areas without an authorized program may” with “must”. The date was 

removed as the rule immediately went into effect when the Air Quality Board adopted the 

State RRP Rule and the rule was adopted after December 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 immediately went into effect when the Air 
6 

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 performed 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 Tribal certification program authorized 

pursuant to Sec. 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 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 component 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 weight. If the components make up an 

integrated whole, such as the individual stair treads and risers of a single staircase, the 

renovator is required to test only one of the individual components, unless the individual 

components appear to have been repainted or refinished separately. 

(b) The information distribution requirements in Sec. 745.84 do not apply to emergency 

renovations, which are renovation 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 

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 Sec. Sec. 745.85, 745.89, and 745.90 to 

the extent necessary to respond to the emergency. Emergency 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 with 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 Sec. 745.86(b)(6) and (b)(7). 

(c) The training requirements in Sec. 745.90 and the 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 performing the renovation has obtained a 

statement signed by the owner that the renovation will occur in the owner's residence, no 

child under age 6 resides there, no pregnant woman resides there, the housing is not a childoccupied 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 
7 

purposes of this section, a child resides in the primary residence of his or her custodial 

parents, legal guardians, and foster parents. 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. 

R307-841-3. Applicability.

(1) This rule subpart applies to all renovations performed for compensation in 

target housing and child-occupied facilities, except 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 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/cm2) or 0.5% by weight, where the firm performing 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 defined 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 to 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 treads and risers of a single staircase, the renovator is required to 

test only one of the individual components, unless the individual components 

appear to have been repainted or refinished separately. 

(2) The information distribution requirements in R307-841-4 § 745.84 do not 

apply to emergency renovations, which are renovation 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 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 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 exempt 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 accordance with R307-841-8(2)(b) § 

745.90(b)(2), the cleaning verification requirements of R307-841-5(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 § 745.90 and the work practice 

standards for renovation activities in R307-841-5 § 745.85 apply to all 

renovations covered by this rule subpart, except for renovations in target 

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 resides there, the housing 

is not a child-occupied facility, and the owner acknowledges that the 

renovation firm will not be required to use the work practices contained in the 

Executive Secretary’s EPA’s renovation, repair, and painting rule. For the 

purposes of this section, a child resides in the primary residence of his or her 

custodial parents, legal guardians, and foster parents. 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. 

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 “(certified pursuant to either Federal 

regulations at § 745.226 or a State or Tribal certification 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 section in the State RRP Rule and text 

referring to other State or Tribal certification programs was removed as the Executive 

Secretary administers inspector and risk assessor certification. 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 CFR 745.324. In Utah, regulated work 

activities performed in regulated structures must be 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 “§ 745.83” with “R307-840-2”, the 

corresponding section in the State RRP Rule. 

40 CRF 745.82(b) was modified by replacing references to § 745 with references to 

corresponding sections in the State RRP Rule. 

40 CRF 745.82(c) was modified by replacing references to § 745 with references to 

corresponding sections in the State RRP Rule. 

The definitions found in 40 CFR 745.83 were moved into 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 Environmental Protection Agency. 

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

Administrator means the administrator of the Environmental 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 Code Annotated (UCA) Section 19-2-

102 of the Utah Air Conservation Act) in UAC R307-840. For the Utah Lead RRP 

Rule, the Executive Secretary will be the administrator rendering the definition in 40 

CFR 745.83 obsolete. 

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

is as follows: 

Component or Building Component means 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 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 and railing caps, siding, 

handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills 

or stools and troughs, casings, sashes and wells, and air conditioners. 

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

Component or Building Component means 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 

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 and railing caps, siding, handrails, stair risers and treads, stair stringers,

columns, balustrades, windowsills or stools and troughs, casings, sashes and 

wells, and air conditioners.

"Component or Building Component" means 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: C 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 stools and troughs), built in cabinets, 

columns, beams, bathroom vanities, counter tops, and 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, lattice work, railings and railing caps, 

siding, handrails, stair risers and treads, stair stringers, columns, balustrades, 

window sills or stools and troughs, casings, sashes and wells, and air 

conditioners.

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

found in 40 CFR 745.223 as latter definition was deemed to be more comprehensive 

and specifically included “child-occupied facility”. Colons were removed and capital 

letters, following the colon, were change to lowercase to improve sentence structure.

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

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. 

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

"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 that performs 

lead-based paint abatement activities or renovations. 

The statement “that performs lead-based paint abatement 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 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 activities or 20 square 

feet or less of painted surface for exterior activities 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 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. 

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

"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 activities or 

20 square feet or less of painted surface for exterior 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 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. 

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 Right: Important Lead Hazard 
12 

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 Sec. 745.326. 

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

"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.

First, where the statement “, or any State or Tribal pamphlet approved by EPA pursuant to 

40 CFR 745.326 that is developed for the same purpose” has been removed. DAQ plans to 

only use USEPA produced pamphlets for compliance with the Lead Pre-Renovation 

Education Rule. Second, the statement “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.” has been removed. DAQ has 

adopted the RRP Rule after the aforementioned date making it moot. 

6. The definition of “Recognized Test Kit”. The definition 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 per 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 available 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 excess of 1.0 milligrams per square 
13 

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 recognize such kits. 

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

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

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

as part of an abatement 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 in painted surfaces to install blown-in insulation or to 

gain access to attics, planing thresholds to install weather-stripping), and interim 

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

converting a building, or part of a building, into target housing or a child-occupied 

facility is a renovation under this subpart. The term 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 this rule part (40 CFR 745.223). 

 The term renovation includes, (but is not limited to,): Tthe removal, modification 

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

doors, 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 in painted surfaces to install blown-in insulation or to gain access to attics, 

planning thresholds to install weather-stripping), and interim controls that disturb 

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

building, or part of a building, into target housing or a child-occupied facility is 

a renovation 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. Additionally, the parenthesis surrounding the 

statement “but is not limited to” were replaced by commas and the colon and following 
14 

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 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. 

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

"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 either performs or directs workers 

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

successfully completed a renovator course accredited by the EPA or an EPAauthorized State or Tribal program. 

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

certified renovator is a renovator who has successfully 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 “Certified” was also added to the beginning 

of the definition for better clarity. 

Program Analysis Item #5 

40 CFR 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, a written acknowledgment that the occupant 

has received the pamphlet; or certify in writing that a pamphlet has been delivered 
15 

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 performing the 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 and make 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 shall describe the 

general nature and locations of the planned renovation activities; the expected 

starting and ending dates; 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 the renovation and the anticipated 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 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 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 providing 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 more than 60 days before 

beginning renovation activities in any child-occupied 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: 
16 

(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, 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 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 acknowledgment from an adult representative. 

Such certification 

must include the address of the child-occupied facility 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 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 guardians of 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 the renovation 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 a posted copy of the pamphlet or information on how interested parents or 

guardians can review a copy of the pamphlet or obtain a copy from the renovation 

firm at no cost to the parents or guardians. 

(3) The renovation firm must prepare, sign, and date 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 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 the owner or occupant'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 written contract or service agreement 

for the renovation. 

(3) Be written in the same language as the text of the contract or agreement for the 
17 

renovation or, in the case of non-owner occupied target housing, in the same 

language as the lease or rental agreement or the pamphlet. 

R307-841-4. Information distribution requirements.

(1) 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: 

(a) Provide the owner of the unit with the pamphlet, and comply with one of the 

following: 

(i) Obtain, from the owner, a written acknowledgement that the owner has 

received the pamphlet.; or

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.; and

(b)In addition to the requirements in paragraph (a)(1) of this section, iIf 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 acknowledgement that the occupant 

has received the pamphlet; or certify in writing that a pamphlet has been 

delivered to the dwelling and that the renovator has been unsuccessful in 

obtaining a written acknowledgement 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 acknowledgement (e.g., occupant refuses to sign, no adult occupant 

available), the signature of the firm performing the 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 acknowledgement that the owner has 

received the pamphlet.; or

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.;

(b) Comply with one of the following: 

(i) Notify in writing, or ensure written notification of, each affected unit and make 

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 shall describe the general nature and locations of the planned 

renovation activities; the expected starting and ending dates; 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 the renovation and the anticipated completion 

date. These signs must be posted in areas where they are likely to be seen by the 
18 

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.;

(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 and ending dates of the planned 

renovation activities change after the initial notification, 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 providing 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. 

(3) Renovations in child-occupied facilities. No more than 60 days before 

beginning renovation activities in any child-occupied facility, the firm performing 

the renovation must: 

(a) Provide the owner of the building 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; or.

(ii) Obtain a certificate of mailing at least 7 days 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 child-occupied facility with the 

pamphlet, and comply with one of the following: 

(i) 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 acknowledgment from an adult representative. 

Such certification must include the address of the child-occupied facility 

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 

performing the renovation, and the date of signature; or.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.;

(c) Provide the parents and guardians of 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; or.

(ii) While the renovation is ongoing, post informational signs describing the 

general nature and locations of the renovation and the anticipated completion 
19 

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 a posted copy of the pamphlet or information on how 

interested parents or guardians can review a copy 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 date 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 acknowledgements 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 occupant’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.;

(b) Be either a separate sheet or part of any written 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 occupied target housing, in the same 

language as the lease or rental agreement or the pamphlet. 

Analysis

40 CFR 745.84(a)(1)(i) was modified by replacing the 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 statement “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 the 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 the 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 format. 

40 CFR 745.84(b)(2)(i) was modified by replacing the comma with “;” at the end of the 
20 

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 format. 

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 “the adult representative of the” before the 

first instance of “child-occupied facility” to clarify the requirement. 

40 CFR 745.84(c)(1)(i)(B) and 40 CFR 745.84(c)(1)(ii)(B) were 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(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 the period at the end of the paragraph 

with “; and” to further clarify the information distribution 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 period at the end of the paragraph with 

“; and” to further clarify the information distribution options. 

Program Analysis Item #6 

40 CFR 745.85. Work practice standards.

(a) Standards for renovation activities. Renovations 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 clearly 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 practicable, these signs must be in 

the primary language of the occupants. These signs must be posted before 
21 

beginning the renovation and must remain in place and 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 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 area while the 

renovation is being performed. In addition, the firm 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 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 opening in 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, 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 sufficient distance to contain the 

dust, whichever is greater. 

(E) Use precautions to ensure that all personnel, 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 multi-story 

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 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 debris, whichever is greater, unless 

the property line prevents 10 feet of such ground covering. 
22 

(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 remove lead-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 lead-based 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 removed from 

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 work day and at the conclusion of the renovation, 

waste that has been collected from 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 debris. 

(iii) When the firm transports waste from renovation activities, the firm must 

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 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 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, 
23 

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, these 

conditions must be removed by re-cleaning 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 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 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 verification card, 

wait for 1 hour or until the surface has dried completely, whichever is longer. 

(4)After waiting for the windowsill to dry, 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. Floors must 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. 
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 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 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 visual inspection must be 

performed. When the area 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 perform dust 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 Sec. 745.227(e)(8) or 

any applicable State, Territorial, Tribal, or local standard. 

(d) Activities conducted after post-renovation cleaning verification. Activities that 

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 postrenovation cleaning verification has been performed. 

R307-841-5. Work practice standards.

(1) Standards for renovation activities. Renovations 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 clearly 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 practicable, 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 this section. 

(b) Containing the work area. Before beginning the renovation, the firm must 
25 

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 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 opening in 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, 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 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 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 multi-story 

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 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 debris, whichever is 

greater, unless the property line prevents 10 feet of such ground covering; and.

(D) 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. 

(c) Prohibited and restricted practices. The work practices listed below shall be 

prohibited or restricted during a renovation as follows: 
26 

(i)Open-flame burning or torching of lead-based paint is prohibited.;

(ii)The use of machines that remove lead-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; 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 contained to prevent releases of dust 

and debris before the waste is removed from 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 work day and at the conclusion of the renovation, 

waste that has been collected from 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 debris. 

(iii) When the firm transports waste from renovation activities, the firm must 

contain the waste to prevent 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, without dispersing any of it, seal this 

material in a heavy-duty bag; and.

(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 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 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; and.

(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. 

(2) Standards for post-renovation cleaning verification. 

(a) Interiors. 
27 

(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, these 

conditions must be removed by re-cleaning 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. 

(I) 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 verification card, the 

windowsill has been adequately cleaned. 

(II) If the cloth does not match and is darker than 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 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. 

(III) If the cloth does not match and is darker than the cleaning verification card, 

wait for 1 hour or until the surface has dried completely, whichever is longer. 

After waiting for the windowsill to dry, wipe the windowsill with a dry disposable 

cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

After waiting for the windowsill to dry, 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. Floors must be wiped using 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.Wipe each such section separately with a new wet 

disposable cleaning cloth. 

(I) 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.

(II) 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 (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 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 surface section does not match the 

cleaning verification card after the surface has been re-cleaned, wait for 1 hour 
28 

or until the entire surface within the work area has 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 post-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 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. 

(b 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 visual inspection must be 

performed. When the area passes the visual inspection, remove the warning 

signs. 

(3) 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: 

(a) The renovation firm to perform dust clearance sampling at the conclusion of a 

renovation covered by this rule subpart. 

(b) The dust clearance samples are required to be collected by a certified 

inspector, risk assessor, or dust sampling technician. 

(c) 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) or 

any applicable State, Territorial, Tribal, or local standard R307-842-3(5)(h). 

(4) Activities conducted after post-renovation cleaning verification. Activities that 

do not disturb paint, such as applying paint to walls that have already been 

prepared, are not regulated by this rule subpart if they are conducted after postrenovation cleaning verification has been performed. 

Analysis

40 CFR 745.85(a) was modified by replacing the statement “certified firms” with firms 

certified under R307-841-7” and replacing the statement “as directed in § 745.89” with 

“certified under R307-841-8”. These changes were made to better clarify the section. 

Additionally, references to § 745 were replaced with references to corresponding sections in 

the State RRP Rule. 

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

semicolon at the end of the section to better conform 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 containment 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 State Rules format. 

40 CFR 745.85(a)(2)(ii)(C) was modified by replacing 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 the 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 the period at the end of the 

paragraph with “; and” to further clarify prohibited 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 requirements. 

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

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

40 CFR 745.85(a)(5)(ii)(B) was modified by replacing 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 replacing Federal RRP Rule references 

“(a)(5)(ii)(B) and (a)(5)(ii)(C)” with corresponding 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 text thereof was added to 40 CFR 

745.85(b)(1)(ii)(A)(3) to better clarify the re-cleaning 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 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.” 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 replacing Federal RRP Rule references 

“(a)(5)(ii)(B) and (a)(5)(ii)(C)” with corresponding 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 text thereof was added to 40 CFR 
30 

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

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

with the State RRP Rule format. 

40 CFR 745.85(c)(3) was modified by replacing “§ 745.227(e)(8) or any applicable State, 

Territorial, Tribal, or local standard” with the corresponding State RRP Rule reference, 

“R307-842-3(5)(h)”. Additionally, the DAQ is not seeking any authority to administer the 

program on tribal lands but expects EPA to administer 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 requirements.

(a) Firms performing renovations must retain and, if requested, make available to 

EPA all records necessary to demonstrate compliance with this subpart for a 

period of 3 years following completion of the renovation. This 3-year retention 

requirement does not supersede longer obligations required by other provisions for 

retaining the same documentation, including any applicable State or Tribal laws or 

regulations. 

(b) Records that must be retained pursuant 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 Sec. 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 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 described in Sec. 745.84(a)(2)(i) and 

(c)(1)(ii)(A). 

(4) Certificates of mailing as described in Sec. 745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), 

(c)(1)(i)(B), and (c)(1)(ii)(B). 

(5) Records of notification activities performed regarding 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 owner-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 owner's residence, a declaration 

that no children under age 6 reside there, a declaration that no pregnant woman 
31 

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 include all 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 the same language as the text of the 

renovation contract, if any. 

(7) Documentation of compliance with the requirements of Sec. 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 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 the 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 were not followed. This 

documentation must include a copy of the certified 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 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 (interiors) or covering the ground with plastic sheeting 

or other disposable impermeable material anchored to the building 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, 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. 
32 

(vi) The work area was properly cleaned after the renovation by: 

(A) Picking up all chips and debris, misting protective sheeting, folding it dirty 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 of the 

completion of the renovation, provide identifying information as to the 

manufacturer and model of the test kits used, a description 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 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. 

R307-841-6. Recordkeeping and reporting requirements.

(1) Firms performing renovations must retain and, if 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 the 

renovation. This 3-year retention requirement does not supersede longer 

obligations required by other provisions for retaining the same documentation, 

including any applicable State or Tribal laws or regulations. 

(2) Records that must be retained pursuant to paragraph (1) (a) of this section 

shall include (where applicable): 

(a) 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 R307-842) that lead-based paint 

is not present on the components affected by the renovation, 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 described 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 R307-841-4(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 regarding common area 

renovations, as described in R307-841-4(2)(c) and (2)(d) §745.84(b)(3) and 
33 

(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 owner-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 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 practices 

contained in the Executive Secretary’s EPA’s renovation, repair, and painting 

rule, the signature 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. 

(g) Documentation of compliance with the requirements 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 training 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 verification 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 defined 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 include a copy of the certified 

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 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 (interiors) or covering the ground with plastic 

sheeting or other disposable impermeable material anchored to the building 
34 

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, 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 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 it dirty 

side inward, and taping it for removal; and.

(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). 

(3) When test kits are used, the renovation firm must, within 30 days of the 

completion of the renovation, provide identifying information as to the 

manufacturer and model of the test kits used, a description 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” with “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 regulations” was removed as it is not 

applicable to the State RRP program and the Executive Secretary does not have authority to 

enforce regulations on Tribal lands. 

40 CFR 745.86(b) was modified by replacing the Federal RRP Rule reference “(a)” with the 

corresponding State RRP Rule reference “(1)”. 

40 CFR 745.86(b)(1) was modified by replacing the statement “either Federal regulations at 

§745.226 or an EPA-authorized State or Tribal certification program” with “R307-842” as 

the Executive Secretary administers inspector certification 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 CFR 745.324. In Utah, regulated work 

activities performed in regulated structures must be performed by individuals certified by the 
35 

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 to correct the inaccurate rule reference 

found in the current version of the Federal RRP Rule. 

40 CFR 745.86(b)(2) was modified by replacing Federal 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 Federal RRP Rule references 

“§745.84(a)(2)(i) and (c)(1)(ii)(A)” with corresponding State RRP Rule references “R307-

841-4(1)(b)(i) and (3)(b)(i)”. 

40 CFR 745.86(b)(4) was modified by replacing Federal 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 Federal 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)”, respectively. 

40 CFR 745.86(b)(6) was modified by replacing “§ 745.85” with the corresponding State 

RRP Rule references “R307-841-5” and “EPA’s” was replaced with “Executive 

Secretary’s” as the Executive Secretary administers the State RRP Rule. 

40 CFR 745.86(b)(7) was modified by replacing Federal 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 better conform to State Rules format. 

40 CFR 745.86(b)(7)(iv)(F) was modified by replacing the period at the end of the 

paragraph with “; and” to further clarify recordkeeping requirements. 

40 CFR 745.86(b)(7)(vi)(A) was modified by replacing the period at the end of the 

paragraph with “; and” to further clarify recordkeeping requirements. 

40 CFR 745.86(d) was modified by replacing “§ 745.85(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 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. 

Analysis

40 CFR 745.87 was not incorporated into Utah Administrative Code because the DAQ 

already has authorities for enforcement and inspections 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 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.

Program Analysis Item #9

40 CFR 745.88. Recognized test kits.
37 

(a) Effective June 23, 2008, EPA recognizes the test kits that have been 

determined by National Institute of Standards and Technology research to meet the 

negative response criteria described in paragraph (c)(1) of this section. This 

recognition will last until EPA publicizes its recognition of the first 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 Technology Verification 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 sufficient number 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 tested through the Environmental Technology 

Verification Program or other equivalent 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 response 

criteria 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 kits must 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 them with the report, 

and post the information on EPA’s website. 

(6) If the report demonstrates that the 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/cm2 or 0.5% by weight, a demonstrated 

probability (with 95% confidence) of a negative response less than or equal to 5% 

of the time. 

Analysis

40 CFR 745.88 was not incorporated into Utah Administrative Code because the DAQ is 

not seeking authority to recognize test kits and believes that authority rests with USEPA: 

§ 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 to meet 
38 

the negative response criteria described in paragraph (c)(1) of this section. This 

recognition will last until EPA publicizes its recognition of the first 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 Technology Verification 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 sufficient number 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 tested through the Environmental Technology 

Verification Program or other equivalent 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 response 

criteria 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 kits must 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 them with the report, 

and post the information on EPA’s website. 

(6) If the report demonstrates that the 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/cm2 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/cm2 or 0.5% by weight, a demonstrated probability (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 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 
39 

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 to maintain 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. EPA certification allows the firm 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. 

(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 the requested 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 employees demonstrates an unwillingness or inability to maintain 

compliance with environmental statutes or regulations. EPA will send the firm a 

letter giving the 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 its certification, a firm must be re-certified by 

EPA every 5 years. 

(1) Timely and complete application. To be re-certified, a firm must submit a 

complete application for re-certification. A complete 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 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 current certification 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 to approve or disapprove 

the re-certification application, whichever is later. 

(ii) If the firm submits a complete re-certification application less than 90 days 

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 to conduct renovations until EPA approves its re-certification 
40 

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 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 determines that it is timely and 

complete and that the environmental compliance history of the firm, its principals, 

or its key employees does 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 issue the 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, its principals, or 

its key employees demonstrates an unwillingness or inability to maintain 

compliance with environmental statutes or regulations. EPA will send the firm a 

letter giving the 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 

application and paying the correct amount of fees. 

(c) Amendment of certification. A firm must amend its 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 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 of fees, EPA will request the firm to submit the 

necessary information or fees. The firm's certification is not amended until 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 been trained by a certified renovator in accordance 
41 

with Sec. 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 Sec. 745.90. 

(3) All renovations performed by the firm are performed in accordance with the 

work practice standards in Sec. 745.85. 

(4) The pre-renovation education requirements of Sec. 745.84 have been 

performed. 

(5) The recordkeeping requirements of Sec. 745.86 are 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 sampling. To 

apply, a firm must submit to EPA the Executive Secretary a completed “LeadBased Paint Certification 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.

(b) After EPA the Executive Secretary receives a firm’s application, EPA the 

Executive Secretary will take one of the following actions within 90 days 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 environmental 

compliance history of the firm, its 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 information 

requested on the form and includes at least the correct 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 expiration date not more than 5 

years from the date the application is approved.; EPA certification allows the firm 

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.

(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 the 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 with 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 principals, or its key employees 

demonstrates an unwillingness or inability to maintain compliance with 
42 

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, 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-certified, a firm must submit a 

complete application for re-certification. A complete application for recertification includes a completed “Lead-Based Paint Certification Application 

for Firms” which contains all of the information requested by 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 current certification 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 the Executive Secretary has made a final decision to 

approve or disapprove the re-certification application, whichever is later. 

(ii) If the firm submits a complete re-certification 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 conduct 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 renovations 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 following 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 principals, or its key employees 

does not show an unwillingness or inability to maintain 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 expiration 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 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.
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 compliance 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 amount of fees.

(3) Amendment of certification. A firm must amend its 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 certification within 90 days of the date 

the change occurs, the firm may not perform renovations 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 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. 

(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. The firm’s certification is not 

amended until the firm complies with the request. 

(c) Amending a certification does not affect the certification expiration date. 

(4) Firm responsibilities. Firms performing renovations must ensure that: 

(a) All individuals performing renovation activities 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 renovation performed by the firm and 

discharges all of the certified renovator responsibilities identified in R307-841-8;

§ 745.90.

(c) All renovations performed by the firm are performed in accordance with the 

work practice standards in R307-841-5; § 745.85. 

(d) The pre-renovation education requirements of R307-841-4 § 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 certifications within the State of Utah. The 
44 

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

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

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

40 CFR 745.89(a)(2) was modified by replacing “EPA” with “the Executive Secretary” as 

the Executive Secretary administers firm certifications within the State of Utah. 

40 CFR 745.89(a)(2)(i) was modified by replacing “EPA” with “the Executive Secretary” as 

the Executive Secretary administers firm certifications within the State of Utah. 

Additionally, the statement “EPA certification allows the firm 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.” was removed because the State of 

Utah has no authority to require such and this authority 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 certifications within the State of Utah. The 

period at the end of the paragraph was replaced with “; 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 certifications within the State of Utah. The 

citation “(a)(2)(ii)” was replaced with the corresponding State RRP Rule reference, 

“(1)(b)(ii)”. 

40 CFR 745.89(b) was modified by replacing “EPA” with “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-Based Paint Certification” before the 

statement ‘Application for Firms’ in order to include the corresponding DAQ form title. 

Additionally, the statement “If a firm pays more than the correct amount of fees, EPA will 

reimburse the firm for the excess amount.” was removed as fees are nonrefundable per State 

of Utah policy. 

40 CFR 745.89(b)(1)(i) & (ii) were modified by replacing “EPA” with “the Executive 

Secretary” as the Executive Secretary administers firm 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 certifications within the State of Utah. 
45 

40 CFR 745.89(b)(2)(i) was modified by replacing “EPA” with “the Executive Secretary” as 

the Executive Secretary administers firm certifications within the State of Utah. 

Additionally, the statement “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.” 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 replacing “EPA” with “the Executive 

Secretary” as the Executive Secretary administers firm certifications within the State of 

Utah. 

40 CFR 745.89(c)(1) was modified by adding “Lead-Based Paint Certification” before the 

statement ‘Application for Firms’ in order to include 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 certifications 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 “§ 745.85.” with the corresponding State 

RRP Rule reference, “R307-841-5;”. 

40 CFR 745.89(d)(4) was modified by replacing “§ 745.84” with the corresponding State 

RRP Rule reference, “R307-841-4;”. Additionally, the period at the end of the paragraph 

was replaced with “; and” to further clarify firm responsibility requirements. 

40 CFR 745.89(d)(5) was modified by replacing “§ 745.86” with the corresponding State 

RRP Rule reference, “R307-841-4”. 

Program Analysis Item #11 

40 CFR 745.90. Renovator certification and dust 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 Sec. 

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 dust 
46 

sampling technician certification allows the certified individual to perform dust 

clearance sampling under Sec. 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 abatement worker 

or supervisor course, or individuals who have successfully completed an 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 of the initial training to become a certified dust sampling 

technician. 

(4) To maintain renovator certification or dust sampling technician certification, an 

individual must complete a renovator or dust sampling 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 years 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 within this time, the individual 

must re-take the initial course to become certified again. 

(b) Renovator responsibilities. Certified renovators are responsible for ensuring 

compliance with Sec. 745.85 at all renovations to which 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 tasks described in Sec. 

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 Sec. 

745.85(a)(1) are posted, while the work area containment required by Sec. 

745.85(a)(2) is being established, and while the work area cleaning required by 

Sec. 745.85(a)(5) is performed. 

(4) Must regularly direct work being performed by other individuals to ensure that 

the work practices are being followed, 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-site or 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 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. 745.86(b)(7). 
47 

(c) Dust sampling technician responsibilities. When performing optional dust 

clearance sampling under Sec. 745.85(c), a certified dust sampling technician: 

(1) Must collect dust samples in accordance with Sec. 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 

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 sampling technician certification.

(1) Renovator certification and dust sampling technician certification. 

(a) To become a certified renovator or certified dust sampling technician, an 

individual must successfully complete the appropriate 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 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 dust sampling 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.

(b) Individuals who have successfully completed an accredited abatement worker 

or supervisor course, or individuals who have successfully completed an 

Executive Secretary, 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. 

(c) 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 of the initial training to become a certified dust 

sampling technician. 

(d) To maintain renovator certification or dust sampling technician certification, 

an individual must complete a renovator or dust sampling 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 complete a 

refresher course within this time, the individual must re-take the initial course to 

become certified again. 

(2) Renovator responsibilities. Certified renovators 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 all of the tasks described in 

R307-841-5(1); § 745.85(a). 

(b) Must provide training to workers on the work practices they will be using in 

performing their assigned tasks.;

(c) Must be physically present at the work site when the signs required by R307-

841-5(1)(a) § 745.85(a)(1) are posted, while the work area containment required 

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 other individuals to ensure 

that the work practices are being followed, including 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 telephone, at all times that renovations 

are being conducted.;

(f) 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; and.

(g) 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 Renovator certification 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 R307-843-4(5)(h)(i) through (v)

§ 745.227(e)(8), must send the collected samples to a laboratory recognized 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 Technician certification card. 

Analysis

40 CFR 745.90(a)(1) was modified by replacing “EPA” with “the Executive Secretary” as 

the Executive Secretary administers course accreditation 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 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 
49 

authorized under subpart Q of this part. EPA dust sampling 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 “Executive 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 accreditation within the State of Utah. Next, “§ 

745.225” and “(a)(1)” were replaced with the corresponding 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 authority is retained by USEPA.

40 CFR 745.90(b) was modified by replacing “§ 745.85”, with the corresponding State LBP 

Rule reference, “R307-841-5”. 

40 CFR 745.90(b)(1) was modified by replacing “§ 745.85(b)”, with the corresponding 

State LBP Rule reference, “R307-841-5(2)” and replacing “§ 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 “§ 745.85(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)”, respectively. The period at the end of the 

section was replaced with a semicolon to better conform to State Rules format. 

40 CFR 745.89(b)(4) and (5) were modified by replacing 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 period at the end of the paragraph with 

“; and” to further clarify renovator responsibilities. 

40 CFR 745.90(b)(7) was modified by replacing the statement “copies of their initial course 

completion certificate and their most recent refresher course completion certificate” with 

“their current Utah Lead-Based Paint Renovator certification card”. State of Utah RRP 

rules require renovators to certify through the Executive Secretary to work within the State 

of Utah (course completion certificates are insufficient). Renovators who are certified by 
50 

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

work within the State. 

40 CFR 745.90(b)(8) was modified by replacing “§ 745.86(b)(7)” with the corresponding 

State LBP Rule reference, “R307-841-6(2)(g)”. 

40 CFR 745.90(c) was modified by replacing “§ 745.85(c)” with the corresponding State 

LBP Rule reference, “R307-841-5(3)”. 

40 CFR 745.90(c)(1) was modified by replacing the first 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 clarify dust sampling technician sample 

collection requirements and avoid confusion with the text related to inspectors and risk 

assessors in § 745.227(e)(8). The final instance of “§ 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 responsibilities. 

40 CFR 745.90(c)(2) was modified by replacing the statement “copies of their initial course 

completion certificate and their most recent refresher course completion certificate” with 

“their current Utah Lead-Based Paint Dust Sampling Technician certification card”. State of 

Utah RRP rules require renovators to certify through the Executive Secretary to work 

within the State of Utah (course completion certificates are insufficient). Dust Sampling 

Technicians who are certified by the Executive Secretary are issued an individual 

certification card indicating that they may work within 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 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 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, 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. 
51 

(ii) Fails to maintain or falsifies records required 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 statutes 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 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 for requesting 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 of the suspension, revocation, or modification. 

(4) If EPA determines that the public health, interest, or welfare warrants 

immediate 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 suspend the entity's 

certification before an opportunity for a hearing. 

(ii) Notify the affected entity of its right 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 be available to the public, 

except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any 
52 

such hearing 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 certification has 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 has been 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 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 with Federal State lead-based paint 

statutes or regulations administrative rules. EPA The Executive Secretary may 

also suspend, revoke, or modify a certified renovator’s certification if the 

renovator fails to ensure that all assigned renovations comply with R307-841-5 § 

745.85. 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 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 certification 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 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. 
53 

Analysis

40 CFR 745.91(a)(1) was modified by replacing all instances of “EPA” with “The Executive 

Secretary”, “Federal” with “State”, and “statutes or regulations” with “administrative rules” 

because the Executive Secretary and State of Utah administrative rules are the basis for 

administering and enforcing the Federal statutes and 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 replacing “EPA” with “the Executive 

Secretary” as the Executive Secretary administers firm certifications within the State of 

Utah. Additionally, the period was replaced by a comma at the end of the section to better 

clarify the list of criteria which are considered grounds 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, revoking, 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 administering and enforcing the Federal statutes and 

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(b) was not incorporated into Utah Administrative Code because the DAQ 

already has authority and procedures to suspend, revoke, 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) 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 for requesting 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 
54 

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 of the suspension, revocation, or modification. 

(4) If EPA determines that the public health, interest, or welfare warrants 

immediate 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 suspend the entity’s 

certification before an opportunity for a hearing. 

(ii) Notify the affected entity of its right 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 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 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 certification has 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 has been 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 5 years after 

the firm was initially certified or re-certified, the firm does not need to do 
55 

anything to re-activate its certification.

Program Analysis Item #13

40 CFR 745.92. Fees for the accreditation of renovation 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 recognized Indian Tribe, local government, or non-profit 

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: 

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

 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 
56 

 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 certificate replacement must: 

(1) Complete the applicable portions of 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 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 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 procedures specified in paragraph (c) of this section. 

Analysis

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

has chosen to establish its own fee schedule for RRP certifications in order for a more 

equitable fee requirement for both RRP and LBP Activities Certifications. The change is 

as follows: 

§ 745.92 Fees for the accreditation of renovation 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 recognized 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 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:

(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 portions of 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 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 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 procedures specified in paragraph (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 Firm

 Application

Combined Renovation and Lead- $20 $20

 based Paint Activities Tribal

 Firm Application
58 

Tribal Firm $20 $20

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

The DAQ RRP individual certification and re-certification fees are found in UAC R307-

842-2(1)(e) and R307-842-2(4)(c) as follows: 

(e) Individuals applying for certification must submit the appropriate fees in 

accordance with the current Department 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 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 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-Based Paint Dust 

Sampling Technician shall be $100.00 per year.

The DAQ RRP individual certification and recertification fees are found in UAC R307-

842-2(5)(f) and (g) as follows: 

(f) Firms applying for certification must submit the appropriate fees in 

accordance with the current Department of Environmental 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 Quality Fee Schedule. The firm 

re-certification fee for a Lead-Based Paint Renovator 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 effort to focus on changes related to 

the RRP Rule and for the sake of brevity, previously 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 requirements for the accreditation of 
59 

training programs for lead-based paint 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 defined in 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 Sec. 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 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 local 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 requirements for performing leadbased paint activities should they be undertaken, nothing 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 establish procedures and 

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

activities and renovations, procedures and requirements for the certification of 

individuals and firms engaged in lead-based paint activities and renovations, and 

work practice standards for performing such activities. 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 performed 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 activities and renovations as 

defined in R307-840-2, except for 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. 

 (3) The standards for lead-based paint hazards apply to target housing and 
60 

child-occupied facilities. 

 (4) R307-840, R307-841, and R307-842 do not require the owner of the 

property or properties subject to these rules to evaluate the property or properties 

for the presence of lead-based paint hazards or take any action to control these 

conditions if one or more of them is identified. 

 (5) While R307-840, R307-841, and R307-842 establish specific requirements 

for performing lead-based paint activities 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, R307-841, and R307-842 in addition 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 language 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 accreditation of their lead-based 

paint activities courses or refresher courses pursuant 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, 1998. Training programs may first

apply to EPA the Executive Secretary for accreditation of their renovator or dust 

sampling technician courses or refresher courses pursuant 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 accreditation 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 Quality Board approval. Finally, all instances 

of “first” were removed to improve sentence structure 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 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, or claim to provide 

EPA-accredited renovator or dust sampling technician courses without applying 

for and receiving accreditation from EPA as required 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 claim to provide Executive 

Secretary EPA-accredited lead-based paint activities courses without applying for 

and receiving accreditation from the Executive Secretary 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 Executive Secretary-accredited 

renovator or dust sampling technician courses without applying for and receiving 

accreditation from the Executive Secretary as required under paragraph (2) (b) of 

this section on or after June 23, 2008. 

Analysis: 

40 CFR 745.225(a)(3) was modified by replacing references to section “(b)” with the 

corresponding section reference, “(2)”, in the State 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 requirements. 

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

(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, courses taught in different languages are considered different 

courses, and each must independently meet the accreditation 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 Environmental 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 State 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 translator that they had compared 

the course to the English language version and found the translation to be 

accurate. 

R307-842-1(2)(a)(ix)(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.;

Analysis: 

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

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

40 CFR 745.225(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 activities. The minimum 

curriculum requirements for the renovator course are 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-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 
63 

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 activities. The minimum 

curriculum requirements for the renovator course are 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 post-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-on training activities. The 

minimum curriculum requirements for the dust sampling 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 section 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 with “; and” to further clarify training 

course requirements. 

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

(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 completion certificates, 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 sampling technician course completion 

certificates, a photograph of the individual. 

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

(i) The name, a unique identification number, and address of the individual; 

(ii) The name of the particular course that the individual 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 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.; and

(vii) For renovator and dust sampling technician course completion certificates, 

a photograph of the individual.;

Analysis: 

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

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

40 CFR 745.225(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 replacing 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 teach 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 knowledge needed to perform the 

renovations or lead-based paint activities they will be responsible for conducting. 

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

(k) Courses offered by the training program must teach 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 provided with the knowledge 

needed to perform the renovations or lead-based paint activities they are 

responsible for conducting.;

Analysis: 

40 CFR 745.225(c)(10) was modified by replacing references to “Sec. 745.85” and “Sec. 

745.227” with the corresponding State LBP Rule references, “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 notification of all renovator, dust 

sampling technician, or lead-based paint activities courses offered. The original 

notification must be received by EPA at least 7 business days prior to the start date of 

any renovator, dust sampling technician, or lead-based 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-based paint activities courses 

offered. The original notification must be received by the Executive Secretary at 

least 7 business days prior to the start date of any renovator, dust sampling 

technician, or lead-based paint activities course.;

Analysis: 

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

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

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

(A) For renovator, dust sampling technician, 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. 

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

(A) For renovator, dust sampling technician, or lead-based paint activities 

courses beginning prior to the start date provided to the Executive Secretary, an 

updated notification must be received by the Executive Secretary at least 7 

business days before the new start date.; and

Analysis: 

40 CFR 745.225 (c)(13)(ii)(A) was modified by replacing the period at the end of the 

section with “; and” to further clarify updated notification requirements. The change is 

demonstrated below: 

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

(B) For renovator, dust sampling technician, or lead-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 lead-based paint activities 

courses beginning after the start date provided to the Executive Secretary, an 

updated notification must be received by the Executive 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 replacing the period with a semicolon at 

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

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

(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. 

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

(iii) The training manager must update the Executive 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 replacing the period with a semicolon at 

the end of the section to better conform to State Rules 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 Agency's Central Data Exchange 

(CDX). Written notification of renovator, dust sampling technician, 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 similar 

form 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, or hand 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). 
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.gov/lead. 

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

(vi) Notification must be accomplished using any of the following methods: 

Written notification, or electronically using the Utah Division of Air Quality 

electronic notification system. Written notification of renovator, dust sampling 

technician, or lead-based paint activities course schedules 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)(n)(v) (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 submitting notification by 

U.S. Postal Service are reminded that they should allow 3 additional business 

days for delivery in order to ensure that the Executive Secretary receives the 

notification by 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)(13)(vi) was modified by replacing the reference to section 

“(c)(13)(v)” with the corresponding section reference, “(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 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. 

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

(i) The training manager must provide the Executive Secretary notification after 

the completion of any renovator, dust sampling technician, or lead-based paint 

activities course. This notice must be received by the Executive Secretary no later 

than 10 business days following the course completion.;

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 of the following methods: 

Written notification, or electronically using the Agency's Central Data 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, or hand 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. 

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

(iii) Notification must be accomplished using any of the following methods: 

Written notification, or electronically using the Utah Division of Air Quality 

electronic notification system. Written notification following training courses can 

be accomplished by using either the sample form titled “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 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 should allow 3 additional business days for delivery in order to ensure that 

the Executive Secretary receives the notification by 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 replacing the reference to section 

“(c)(14)(ii)” with the corresponding section reference, “(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. Refresher courses for project 

designer, renovator, and dust sampling technician must 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. Refresher courses for project 

designer, renovator, and dust sampling technician must 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 format. 

Program Analysis Item #16

40 CFR 745.226. Certification of individuals and firms engaged in lead-based paint 

activities: target housing and child-occupied facilities.

40 CFR 745.226(a)(6): 

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

accordance with Sec. 745.238. 

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

(e) Individuals applying for certification must submit the appropriate fees in 

accordance with the current Department 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 Paint Dust 

Sampling Technician shall be $100.00 per year.

40 CFR 745.226(a) was modified by adding the statement “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.” at the end of section (a)(6) to allow for fee 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 submit the appropriate fees in 

accordance with the current Department 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-Based Paint Dust 

Sampling Technician shall be $100.00 per year. 

Analysis: 

40 CFR 745.226(e)(3) was modified by adding the statement “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 Paint 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 the appropriate fees in accordance 

with Sec. 745.238. 

(7) To maintain certification a firm shall submit appropriate fees in accordance 

with Sec. 745.238 every 3 years. 

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

(f) Firms applying for certification must submit the appropriate fees in 

accordance with the current Department of Environmental 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 Quality Fee Schedule. The firm 

re-certification fee for a Lead-Based Paint Renovator 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 statement “The firm certification fee 

for a Lead-Based Paint Renovator Firm and/or Dust Sampling 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 statement “The firm re-certification 

fee for a Lead-Based Paint Renovator Firm and/or Dust Sampling Technician Firm shall 

be $200.00 per year.” at the end section to allow for fee collection for program 
71 

administration funding: 
UTAH LEAD-BASED PAINT PROGRAM

ENFORCEMENT AND COMPLIANCE PROGRAM 

DESCRIPTION
1 

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, administrative rules and legal authority as demonstrated 

below in E/C Element 1. The DAQ will carry out a level of compliance monitoring and enforcement 

necessary to ensure that the Utah LBP program addresses any significant risks posed by noncompliance with the Utah LBP administrative rules. 

Additionally, the DAQ will implement all of the components outlined in E/C Element 2 and E/C 

Element 3. This requires the DAQ to submit an annual report to the USEPA Region 8 Administrator 

summarizing the Utah LBP E/C program activities performed during the previous year for, at least, 

the first three years of authorization. 

The existing Utah LBP program dedicates 2.5 full time employees (FTEs) to perform program 

administration and enforcement of the TSCA 402 program (Environmental Scientist - 1.4 FTEs, 

Manager - 0.2 FTE, Environmental Program Coordinator - 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 implementation of the RRP program for the Manager, 

Environmental Program Coordinator and the Office Technician will be incorporated under the 

existing level of funding. 

The following sections provide the additional required information about E/C Elements 1-3 (as 

outlined in 40 CFR 745.327) for USEPA Region 8 to authorize 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 standards, regulations and authority 

described in paragraphs (b)(1) through (b)(4) of this 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 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: 

(iv) Requirements that regulate the conduct of renovation 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 enrolled copy of Senate Bill 118, House Bill 165 

(Appendix 3) and the Utah Air Conservation Act (Appendix 9)) and that our LBP administrative rules 

meet the standards outlined in Title 40 Code of Federal Regulations (CFR) 745.326 (as shown in 

R307-840, R307-841, and R307-842 Utah Administrative Code (UAC), Appendix 4). 

Authority to Enter - Authority to enter for the Utah LBP program is found in the Utah Air 

Conservation Act 19-2-107(2)(d), Utah Code Annotated (UCA) which states: 

(2) The executive secretary may: 

(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. 

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 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, modified, 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.

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 office that the authority stated above is sufficient to 

perform the inspections necessary to assess compliance with UAC R307-840, UAC R307-841, and 

UAC R307-842. 

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

enforcement remedies. These remedies will include warning letters, notices of noncompliance, notices 

of violation, administrative or civil actions and criminal actions, when appropriate. The Utah LBP 

Program will be able to select from several enforcement alternatives taking into consideration the 
3 

potential or actual risk and the gravity of the violation. 

Warning letters, notices of noncompliance and notices of violations are methods currently being used 

within the DAQ and specifically the Utah LBP program. Specific authority to issue notices of 

violation are found in UCA 19-2-110(1)(a), which states: 

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 the 

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.

Authority to issue warning letters or notices of noncompliance to initiate voluntary compliance is 

found in UCA 19-2-110(2), which states: 

Nothing in this chapter prevents the board from making efforts to obtain voluntary 

compliance through warning, conference, conciliation, persuasion, or other appropriate 

means. 

Civil or criminal actions can also be used as a flexible remedy by the Utah LBP Program which was 

authorized through the Utah Air Conservation Act (Title 19, Chapter 2, UCA). The authority to 

assess civil penalties is found in the Utah Air Conservation 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 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. 
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 duties. 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 additional inspection support to the DAQ. These LHDs 

can provide the necessary inspections of LBP activities performed within their jurisdiction. Personnel 

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 currently limited to the EPA LBP grant authorized 

through 40 CFR 745.330 and fees generated by LBP abatement 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 procedures 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 LBP abatement supervisor, abatement worker, 

inspector, risk assessor, project designer, renovator and dust sampling technician disciplines. 

Inspectors will also be trained in violation discovery, obtaining consent, evidence gathering, 

preservation of evidence and chain-of-custody sampling 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 compliance assistance 

program for the public and the regulated community to help facilitate awareness and understanding of 

the Utah LBP program. The Utah compliance assistance program will continue to focus on the 

requirements established in the Utah LBP rule but will 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 samples 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 chip, 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 kits at the DAQ and similar kits have been 

distributed to the LHDs. The DAQ has contracted with EMSL Analytical, Inc. (EMSL) to conduct 

the analysis of paint chip, dust wipe, soil and water samples. EMSL has been accredited by the 

American Industrial Hygiene Association (AIHA) through 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 for use with the Renovation, Repair, and Painting 

Program (RRP). 

Targeting inspections - The Utah LBP program will continue to use our existing procedures for 

targeting inspections to ensure compliance with the Utah LBP rules. The principal mechanism to 

target compliance inspections will be through inspection 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 ability to 

reasonably, and in a timely manner, process and follow 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 Violators" and the Division's "Compliance 

Program Operating Plan", or equivalent, which outlines 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 developed and issued enforcement responses, as 

appropriate, based on the violation. 

Enforcement and Compliance Element 3

The DAQ will submit the Summary on Progress and Performance 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 discretion of the USEPA. 
APPENDIX 1 

UTAH ADMINISTRATIVE RULEMAKING ACT 

63G-3, UTAH CODE ANNOTATED
Utah Administrative Rulemaking Act 

Utah Code Title 63G, Chapter 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 Rulemaking - 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 Rules created -- Appointment of director. ........................................................ 5

63G-3-402. Division of Administrative Rules -- Duties generally. ................................................................................. 6

63G-3-403. Repeal and reenactment of Utah Administrative Code. ............................................................................... 6

Part 5. Legislative Oversight. ............................................................................................................................................... 7

63G-3-501. Administrative Rules Review Committee. ................................................................................................... 7

63G-3-502. Legislative reauthorization of agency 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 official compilation of rules -- 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 Chapter 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, change 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 licenses, grant or withhold relief 

from legal obligations, or perform 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 the division and entitled "Utah 

Administrative Code." 

(6) "Director" means the director of the Division of 

Administrative Rules. 
Utah Administrative Rulemaking 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" means 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, governmental 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 including 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 management 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 adjudicative 

proceedings, 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 Chapter 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 facility, 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 administrative 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 all 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 provided 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 Rulemaking Act, 2009 Page 3 

3 

(ii) state agency implementation plans 

mandated by the federal 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, and are available 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 Chapter 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 federal mandates; and 

(d) rules made by the division to implement this 

chapter. 

(3) Subject to the requirements 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 file 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 consider 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 consider, 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 performance 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 Rulemaking 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 public 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 may 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 made 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 presented at public hearings 

conducted by the agency within the time period under 

Subsection (11)(a). 

(12) (a) Except as provided 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 days of publication. 

 (13) (a) As used in this 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 provision 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 rulemaking 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 rule, or repeal of a rule if: 

(a) a public hearing is required 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 Chapter 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 containing 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 last change in proposed rule. 

(e) A changed proposed rule and its associated 

proposed rule lapse if a notice of effective date or 

another change to a proposed rule is not filed with the 

division within 120 days of publication 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 procedures specified in Section 63G-3-

301. 
Utah Administrative Rulemaking Act, 2009 Page 5 

5 

Renumbered and Amended by Chapter 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 Chapter 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, amend, 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 statements, 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 prior 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 division 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 review, described in 

Subsection (3); or 

(ii) an extension described in Subsection (6). 

Renumbered and Amended by Chapter 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 Division of Administrative Rules, 

to be administered by a director. 
Utah Administrative Rulemaking Act, 2009 Page 6 

6 

(2) The director of administrative rules shall be 

appointed by the executive director with the approval of the 

governor. 

Renumbered and Amended by Chapter 382, Laws of Utah 2008 

General Session, effective May 5, 2008 (formerly Section 63-46a-9.5) 

63G-3-402. Division of Administrative Rules -- Duties 

generally. 

(1) The Division of Administrative 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 rules, 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 determines necessary to 

implement this chapter; 

(i) distribute without charge the bulletin and 

administrative code to state-designated repositories, the 

Administrative Rules Review Committee, the Office of 

Legislative Research and General 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 publications 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 uniform 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 publication 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 Chapter 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 obsolete or redundant words; 

(e) correcting obvious errors 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 Rulemaking 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 publication 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 designated 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 Chapter 382, Laws of Utah 2008 

General 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 speaker 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 chairmen of the appropriation 

subcommittee that have jurisdiction over the agency 

whose existing rules are being reviewed to participate as 

nonvoting, ex officio members 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 principles 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 chairs of the Appropriation 

Subcommittee that have jurisdiction over the agency 

whose rules are the subject of the findings. 
Utah Administrative Rulemaking 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 recommendations 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 Chapter 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 should 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 legislative 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 governor 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 may 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 Chapter 382, Laws of Utah 2008 

General 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 section, "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, amendment, 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 its 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 rulemaking 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 challenge 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 Rulemaking 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 district 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 legal 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 constitutional 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 rulemaking 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 not the plaintiff has requested 

the agency review under Section 63G-3-601. 

Renumbered and Amended by Chapter 382, Laws of Utah 2008 

General 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 procedural 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 substantial 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 rule shall be commenced within 

two years of the date the change was made. 

Renumbered and Amended by Chapter 382, Laws of Utah 2008 

General Session, effective May 5, 2008 (formerly Section 63-46a-14) 

Part 7. Official Compilation 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. All courts shall take judicial 

notice of the code and its provisions. 

Renumbered and Amended by Chapter 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; and 
Utah Administrative Rulemaking 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 Chapter 382, Laws of Utah 2008 

General Session, effective May 5, 2008 (formerly Section 63-46a-9.6) 

NOTE: Source http://le.utah.gov/~code/TITLE63G/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 CODE
Administrative 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 of 
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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 part 
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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 the 
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August 1, 2009 Utah Administrative Code - 4 - 

rule, including relevant 

affiliation, if any; 

 (d) include a statement 

as 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 time 

frame provided by Section 63G3-601. 

 (2) The petitioned 

agency may, within the time 

frame 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 be 
Administrative 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 law
Administrative 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 Sections 

63G-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 review 

required 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) and 
Administrative 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 notice 
Administrative 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 for 
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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 the 

procedures 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 to 

Subsections 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 reasoned 

narrative 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 Implemented 

or 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 as 

required 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 a 
Administrative 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 agency 

and 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

- 2 -
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

- 3 -
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;

- 4 -
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.

- 5 -
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 which the special service district

creating that improvement district was organized, any project or improvement reasonably related

to the purposes for which the special service district creating that improvement 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 municipality under Section 10-8-58 to

provide, operate, and maintain facilities for the temporary incarceration, 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 provide 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 Division 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, 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:

- 41 -
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 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 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;

(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 under the 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,

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:

- 42 -
Enrolled Copy H.B. 165

(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 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;

- 43 -
H.B. 165 Enrolled Copy

(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 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 (3)(r)(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;

(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic

- 44 -
Enrolled Copy H.B. 165

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;

(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;

(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.

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:

- 45 -
H.B. 165 Enrolled Copy

(a) "Proof of identity" means some form of photo identification, such as a driver license

or identification card, that establishes a person's identity.

(b) "Proof of residence" means some official document or form, such 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 Section 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 established [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 in 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

- 46 -
APPENDIX 4 

LEAD-BASED PAINT RULES 

R307-840, R307-841, AND R307-842, UTAH 

ADMINISTRATIVE CODE
R307. Environmental Quality, Air Quality.

R307-840. Lead-Based Paint Program Purpose, Applicability, and 

Definitions.

R307-840-1. Purpose and Applicability. 

 (1) Rule R307-840, R307-841, and R307-842 establish 

procedures and requirements for the accreditation of training 

programs for lead-based paint activities and renovations, 

procedures and requirements for the certification of individuals 

and firms engaged in lead-based paint activities and renovations, 

and work practice standards for performing such activities. 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 performed 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 activities and renovations as defined in R307-840-2, except 

for 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. 

 (3) The standards for lead-based paint hazards apply to 

target housing and child-occupied facilities. 

 (4) R307-840, R307-841, and R307-842 do not require the owner 

of the property or properties subject to these rules to evaluate 

the property or properties for the presence of lead-based paint 

hazards or take any action to control these conditions if one or 

more of them is identified. 

 (5) While R307-840, R307-841, and R307-842 establish specific 

requirements for performing lead-based paint activities 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, R307-841, 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 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 of painted 

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: 

 (a) Projects for which there is a written contract or other 

documentation, which provides that an individual or firm will be 

conducting activities in or to a residential dwelling or childoccupied facility that: 

 (i) Shall result in the permanent elimination of lead-based 
paint hazards, or 

 (ii) Are designed to permanently eliminate lead-based paint 

hazards and are described in paragraphs (1) and (2) of this 

definition; 

 (b) Projects resulting in the permanent elimination of leadbased paint hazards conducted by firms or individuals certified in 

accordance with R307-842-2, unless such projects are covered by 

paragraph (4) of this definition; 

 (c) Projects resulting in the permanent elimination of leadbased paint hazards conducted by firms or individuals who, through 

their company name or promotional literature, represent, advertise, 

or hold themselves out to be in 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 

 (d) Projects resulting in the permanent elimination of leadbased 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 activities are 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 or elimination of lead-based 

paint hazards. Furthermore, abatement does not include interim 

controls, operations and maintenance activities, or other measures 

and activities designed to temporarily, but not permanently, reduce 

lead-based paint hazards. 

 "Accredited Training Program" means a training program that 

has been accredited by the Executive Secretary pursuant to R307-

842-1 to provide training for individuals engaged in lead-based 

paint activities. 

 "Adequate Quality Control" means a plan or 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. 

 "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 divided by the number 

of samples). 

 "Business Day" means Monday through Friday with the exception 

of Federal and State of Utah holidays. 

 "Certificate of Mailing" means Certificate of Mailing as 

defined by the United States Postal Service. 

 "Certified Abatement Worker" means an individual who has been 

trained by an accredited training program and certified by the 

Executive Secretary pursuant to R307-842-2 to perform abatements. 

 "Certified Dust Sampling Technician" 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 

collect dust samples. 

 "Certified Inspector" means an individual who has been trained 

by an accredited training program and certified by the Executive 
Secretary pursuant to R307-842-1 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 Project Designer" means an individual who has been 

trained by an accredited training program and certified by the 

Executive Secretary pursuant to R307-842-2 to prepare abatement 

project designs, occupant protection plans, and abatement 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 certified by the 

Executive Secretary pursuant to R307-842-2 to conduct risk 

assessments. A risk assessor also samples for the presence of lead 

in dust and soil for the purposes of abatement clearance testing. 

 "Certified Supervisor" means an individual who has been 

trained by an accredited training program and certified by the 

Executive Secretary pursuant to R307-842-2 to supervise and conduct 

abatements, and to prepare occupant protection plans and abatement 

reports. 

 "Chewable Surface" means an interior or exterior surface 

painted with lead-based 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 can not be dented by the bite of a young child are 

not considered chewable. 

 "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, 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 common areas in 

public or commercial buildings that contain child-occupied 

facilities, the child-occupied facility encompasses only 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 the common areas routinely used by children under age 

6. 

 "Cleaning Verification Card" means a card developed and 

distributed, or otherwise approved, by EPA for the purpose of 

determining, through comparison of wet and dry disposable cleaning 

cloths with the card, whether post-renovation cleaning has been 

properly completed. 

 "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 to all occupants. Such an area may include, but is not 

limited to, hallways, stairways, laundry and recreational rooms, 

playgrounds, community centers, garages, and boundary fences. 

 "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, stairways, and laundry 

rooms. 

 "Component or Building Component" means 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 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 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 and railing caps, siding, 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 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. 

 "Containment" means a process to protect workers and the 

environment by controlling 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 a training 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 written documentation 

identifying the proportion of course test questions devoted to each 

major topic in the course curriculum. 

 "Deteriorated Paint" means any interior or exterior paint or 

other coating that is peeling, chipping, chalking, or cracking, or 

any other paint or coating located on an interior or exterior 

surface or fixture that is otherwise damaged or separated from the 

substrate. 

 "Discipline" means one of the specific types or categories of 

lead-based paint activities identified in this rule for which 

individuals may receive training from accredited programs and 

become certified by the Executive Secretary. Disciplines include 

Abatement Worker, Dust Sampling Technician, Inspector, Project 
Designer, Renovator, Risk Assessor, and Supervisor.

 "Distinct Painting History" means the application history, as 

indicated by its visual 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. 

 "Dripline" means the area within 3 feet surrounding the 

perimeter of the building. 

 "Dry Disposable Cleaning Cloth" means a commercially available 

dry, electrostatically charged, white disposable cloth designed to 

be used for cleaning hard surfaces such as uncarpeted floors or 

counter tops. 

 "Dust-lead hazard" means surface dust in a residential 

dwelling or child-occupied facility that contains a mass-per-area 

concentration of lead equal to or exceeding 40 ug/ft2 on floors or 

250 ug/ft2 on interior window sills based on wipe samples. 

 "Elevated Blood Lead Level (EBL)" means an excessive 

absorption of lead that is a confirmed concentration 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 failures 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 equipment and/or 

property with significant damage. 

 "Encapsulant" means a substance that forms a barrier between 

lead based paint and the environment using a liquid-applied coating 

(with or without reinforcement 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. 

 "EPA" means the United States Environmental Protection Agency. 

 "Executive Secretary" means the Executive Secretary of the 

Utah Air Quality Board. 

 "Friction Surface" means an interior or exterior surface 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, association, or other 

business entity; a Federal, State, Tribal, or local government 

agency; or a nonprofit organization that performs lead-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 activities, or work 

practice components of a course. 

 "Hands-On Skills Assessment" means an evaluation which 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 been designed 

with a high-efficiency particulate air (HEPA) filter as 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. 

 "Housing for the Elderly" means retirement communities or 

similar types of housing reserved for households composed of one or 

more persons 62 years of age or more at the time of initial 

occupancy. 

 "HUD" means the United States Department of Housing and Urban 

Development. 

 "Impact Surface" means an interior or exterior surface that is 

subject to damage by repeated sudden force such as certain parts of 

door frames. 

 "Inspection" means a surface-by-surface investigation 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 training course in a 

discipline from an accredited training program, as defined by this 

section, but has not yet received formal certification in that 

discipline from the Executive Secretary pursuant to R307-842-2. 

Interim certification expires 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, including specialized cleaning, repairs, 

maintenance, painting, temporary containment, ongoing monitoring of 

lead-based paint hazards or potential hazards, and the 

establishment and operation of management and resident education 

programs. 

 "Interior Window Sill" means the portion of the horizontal 

window ledge that protrudes into the interior of the room. 

 "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% by weight. 

 "Lead-Based Paint Activities" means, in the case of target 

housing and child-occupied facilities, inspection, risk assessment, 

and abatement. 

 "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 hazardous lead-based paint, 

dust-lead hazard, or soil-lead hazard as identified in R307-840-2. 

 "Lead-Hazard Screen" means a limited risk assessment activity 

that involves limited paint and dust sampling as described in R307-

842-3(3). 

 "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. 

 "Loading" means the quantity of a specific substance present 

per unit of surface area, such as the amount of lead in micrograms 

contained in the dust collected from a certain surface area divided 

by the surface area in square feet or square meters. 

 "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. 

 "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 a residential 

building and another building on the same property.

 "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 activities or 20 square 

feet or less of painted surface for exterior activities where none 

of the work practices prohibited or restricted by R307-841-5(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 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. 

 "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. 

 "Multi-Family Housing" means a housing property consisting of 

more than four dwelling units. 

 "Nonprofit" means an entity which has demonstrated to any 

branch of the Federal 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. 

 "Owner" means any entity that has legal title to target 

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 square feet of 

deteriorated paint on exterior components with large surface areas, 

or more than 2 square 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). 

 "Paint-lead hazard" means any of the following: 

 (a) 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 the definition of “Dust-lead hazard”. 

 (b) 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). 

 (c) Any chewable lead-based painted surface on which there is 

evidence of teeth marks. 

 (d) Any other deteriorated lead-based paint in any 

residential building or child-occupied facility or on the exterior 

of any residential building or child-occupied facility. 

 "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. 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). 

 "Permanently Covered Soil" means soil which has been separated 

from human contact by the placement of a barrier consisting of 

solid, relatively impermeable materials, such as pavement or 

concrete. Grass, mulch, and other landscaping materials are not 

considered permanent covering. 

 "Person" means any natural or judicial person including any 

individual, corporation, partnership, or association, any indian 

tribe, State, or political subdivision thereof, any interstate 

body, and any government department, agency, or instrumentality. 

 "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 the presence of play equipment (e.g., 

sandboxes, swing sets, and sliding boards), toys, or other 

children’s possessions, observations of play patterns, or 

information provided by parents, residents, care givers, or 

property owners. 

 "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. 

 "Recognized Test Kit" means a commercially available kit 

recognized by EPA under 40 CFR 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. 

 "Reduction" means measures designed to reduce or eliminate 

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 includes, but is not 
limited to, the removal, modification, or repair of painted 

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

doors, 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 in painted surfaces to 

install blown-in insulation or to gain access to attics, planning 

thresholds to install weather-stripping), and interim controls that 

disturb painted surfaces. A renovation performed for the purpose 

of converting a building, or part of a building, into target 

housing or a child-occupied facility is a renovation under this 

rule. The term renovation does not include minor repair 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 as porches and 

stoops; or (2) a single family dwelling unit in 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. 

 "Risk Assessment" means (1) an on-site investigation to 

determine the existence, nature, severity, and location of leadbased paint hazards; and (2) the provision of a report by the 

individual or firm conducting the risk assessment, explaining the 

results of the investigation and options for reducing lead-based 

paint hazards. 

 "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 if built-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 for Lead Determination by Atomic Spectrometry 

Techniques,” or equivalent method. 

 "Soil-lead hazard" means 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 

(ug/g) in a play area or average 1,200 parts per million 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 abatement activity. 

 "Start Date Provided to the Executive Secretary" means the 

start date included in the original notification or the most recent 

start date provided to the Executive Secretary in an updated 

notification. 

 "State" means any State of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the United States 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 housing constructed 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 hands-on experience. 

 "TSCA" means the Toxic Substances Control Act, 15 U.S.C. 2601. 

 "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 R307-842-1 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 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. 

 "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 the surface 

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 of each single 

surface sample in the composite. The weighted arithmetic mean is 

obtained by summing, for all samples, the product of the sample’s 

result multiplied 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 ug/ft2, a composite sample (3 

subsamples) containing 100 ug/ft2, and a composite sample (4 

subsamples) containing 110 ug/ft2 is 100 ug/ft2. This result is 

based on the equation [60+(3*100)+(4*110)]/(1+3+4).

 "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 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 equivalent efficacy. 

 "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 Lead Determination by Atomic 

Spectrometry Techniques”, or equivalent method, with an acceptable 

wipe material as defined in ASTM E1792, “Standard Specification for 

Wipe Sampling Materials for Lead in Surface Dust.” 

 "Work Area" means the area that the certified renovator 

establishes to contain the dust and debris generated by a 

renovation. 

 "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. 

KEY: definitions, paint, lead-based paint 

Date of Enactment or Last Substantive Amendment: 2010 

Notice of Continuation: May 7, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(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 Sections 402 and 406 

of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and 

applies to all renovations performed for compensation 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 child-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, renovators, and 

firms performing these renovations are certified, and the work 

practices in R307-841-5 are followed during these renovations. 

R307-841-2. Effective Dates. 

 (1) Training, certification and accreditation requirements, 

and work practice standards. The training, certification and 

accreditation requirements, and work practice standards in this 

rule will become effective as follows: 

 (a) Training programs. No training program may provide, 

offer, or claim to provide training or refresher training 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 accreditation 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 perform 

renovations without certification from the Executive Secretary 

under R307-841-7 in target housing or child-occupied facilities, 

unless the renovation qualifies as one of the exceptions identified 

in R307-841-3(1) or (3). 

 (c) Individuals. All renovations must be directed by 

renovators certified in accordance with R307-841-8(1) and performed 

by certified renovators or individuals trained in accordance with 

R307-841-8(2)(b) in target housing or child-occupied facilities, 

unless the renovation qualifies as one of the exceptions identified 

in R307-841-3(1) or (3). 

 (d) Work practices. All renovations must be performed 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 facilities, unless the 

renovation qualifies as one of the exceptions identified in R307-

841-3(1) or (3). 

 (2) Renovation-specific pamphlet. Renovators or firms 

performing renovations must provide owners and occupants 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 performed for 
compensation in target housing and child-occupied facilities, 

except 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, 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/cm2) or 0.5% by weight, 

where the firm performing 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 defined in R307-840-2 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 to 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 treads and risers of 

a single staircase, the renovator is required to test only one of 

the individual components, unless the individual components 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 renovation 

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 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 R307-841-5, R307-841-7, 

and R307-841-8 to the extent necessary to respond to the emergency. 

 Emergency renovations are not exempt from the cleaning 

requirements of R307-841-5(1)(e) which must be performed by 

certified renovators or individuals trained in accordance with 

R307-841-8(2)(b), the cleaning verification requirements of R307-

841-5(2) which must be performed by certified renovators, or the 

recordkeeping requirements of R307-841-6(2)(f) and (g). 

 (3) The training requirements in R307-841-8 and the work 

practice standards for renovation activities in R307-841-5 apply to 

all renovations covered by this rule, except for renovations in 

target 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 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 painting rule. 

For the purposes of this section, a child resides in the primary 

residence of his or her custodial parents, legal guardians, or 

foster parents. 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. 
R307-841-4. Information distribution requirements.

 (1) 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: 

 (a) Provide the owner of the unit with the pamphlet, and 

comply with one of the following: 

 (i) Obtain, from the owner, a written acknowledgement that 

the owner has received the pamphlet; or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation; and 

 (b) 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 acknowledgement 

that the occupant has received the pamphlet, or certify in writing 

that a pamphlet has been delivered to the dwelling and that the 

renovator has been unsuccessful in obtaining a written 

acknowledgement 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 acknowledgement (e.g., occupant 

refuses to sign, no adult occupant available), the signature of the 

firm performing the renovation, and the date of signature; or 

 (ii) Obtain a certificate of mailing at least 7 days 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 comply with one 

of the following: 

 (i) Obtain, from the owner, a written acknowledgement that 

the owner has received the pamphlet; or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation; 

 (b) Comply with one of the following: 

 (i) Notify in writing, or ensure written notification of each 

affected unit and make 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 

shall describe the general nature and locations of the planned 

renovation activities, the expected starting and ending dates, 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 the renovation 

and the anticipated 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 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; 

 (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 and ending 

dates of the planned renovation activities change after the initial 

notification, 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 providing 

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. 

 (3) Renovations in child-occupied facilities. No more than 

60 days before beginning renovation activities in any childoccupied facility, the firm performing the renovation must: 

 (a) Provide the owner of the building 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; or 

 (ii) Obtain a certificate of mailing at least 7 days 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 child-occupied facility with the pamphlet, 

and comply with one of the following: 

 (i) 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 acknowledgment from an 

adult representative. Such certification must include the address 

of the child-occupied facility 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 performing the renovation, and the date of signature; 

or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation; 

 (c) Provide the parents and guardians of 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 childoccupied facility; or 

 (ii) While the renovation is ongoing, post informational 

signs describing the general nature and locations of the renovation 

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 a posted copy of the pamphlet or information on 

how interested parents or guardians can review a copy 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 date 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 acknowledgements 

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 occupant’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; 

 (b) Be either a separate sheet or part of any written 

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 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. Renovations must be 

performed by firms certified under R307-841-7 using renovators 

certified under R307-841-8. The responsibilities of certified 

firms are set forth in R307-841-7(4) and the responsibilities of 

certified renovators are set forth in R307-841-8(2). 

 (a) Occupant protection. Firms must post signs clearly 

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 practicable, 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 this section. 

 (b) Containing the work area. Before beginning the 

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 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 duct openings in 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, 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 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 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 multi-story 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 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 debris, whichever is greater, 

unless the property line prevents 10 feet of such ground covering; 

and 

 (D) 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. 

 (c) 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 remove lead-based paint through 

high speed operation such as sanding, grinding, power planning, 

needle gun, abrasive blasting, or sandblasting, is prohibited 

unless such 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 contained to 

prevent releases of dust and debris before the waste is removed 

from 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 work day and at the conclusion 

of the renovation, waste that has been collected from 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 debris. 

 (iii) When the firm transports waste from renovation 
activities, the firm must contain the waste to prevent 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, without 

dispersing any of it, seal this material in a heavy-duty bag; and 

 (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 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 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; and 

 (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. 

 (2) Standards for post-renovation cleaning verification. 

 (a) 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, these conditions must be 

removed by re-cleaning 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. 

 (I) 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 verification card, the windowsill has been adequately 

cleaned. 

 (II) If the cloth does not match and is darker than 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 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. 

 (III) If the cloth does not match and is darker than the 

cleaning verification card, wait for 1 hour or until the surface 
has dried completely, whichever is longer. After waiting for the 

windowsill to dry, 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. Floors must be wiped 

using 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. 

 (I) 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. 

 (II) 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 (1)(e)(ii)(B) and 

(1)(e)(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. 

 (III) 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. After 

waiting for the entire surface within the work area to dry, wipe 

each section of the surface that has not yet achieved postrenovation 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. 

 (b) 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 visual 

inspection must be performed. When the area passes the visual 

inspection, remove the warning signs. 

 (3) 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: 

 (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 sampling 

technician. 

 (c) The renovation firm is required to re-clean the work area 

until the dust clearance sample results are below the clearance 

standards in R307-842-3(5)(h). 
 (4) Activities conducted after post-renovation cleaning 

verification. Activities that do not disturb paint, such as 

applying paint to walls that have already been prepared, are not 

regulated by this rule if they are conducted after post-renovation 

cleaning verification has been performed. 

R307-841-6. Recordkeeping and reporting requirements. 

 (1) Firms performing renovations must retain and, if 

requested, make available to the Executive Secretary all records 

necessary to demonstrate compliance with this rule for a period of 

3 years following completion of the renovation. This 3-year 

retention requirement does not supersede longer obligations 

required by other provisions for retaining the same documentation. 

 (2) Records that must be retained pursuant to paragraph (1), 

of this section, shall include (where applicable): 

 (a) Reports certifying that a determination had been made by 

an inspector (certified pursuant to R307-842) that lead-based paint 

is not present on the components affected by the renovation, 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 described 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), and (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 facilities, as described 

in R307-841-4(3)(c). 

 (f) Any signed and dated statements received from owneroccupants 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 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 include all of the lead-safe work practices contained 

in the Executive Secretary’s renovation, repair, and painting rule, 

the signature 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. 

 (g) Documentation of compliance with the requirements of 

R307-841-5, including documentation that a certified renovator was 

assigned to the project, that the certified renovator provided onthe-job training 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), and that the certified 

renovator performed the post-renovation cleaning verification 

described in R307-841-5(2). If the renovation firm was unable to 

comply with all of the requirements of this rule due to an 

emergency as defined in R307-841-3, 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 their 

current Utah Lead-Based Paint Renovator certification card, 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 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 (interiors) or covering the ground with plastic sheeting 

or other disposable impermeable material anchored to the building 

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, 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 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 it dirty side inward, and taping it for removal; 

and 

 (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). 

 (3) When test kits are used, the renovation firm must, within 

30 days of the completion of the renovation, provide identifying 

information as to the manufacturer and model of the test kits used, 

a description 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), 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. 

R307-841-7. Firm certification. 

 (1) Initial certification. 

 (a) Firms that perform renovations for compensation must 

apply to the Executive Secretary for certification to perform 

renovations or dust sampling. To apply, a firm must submit to the 

Executive Secretary a completed "Lead-Based Paint Certification 

Application for Firms" signed by an authorized agent 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 complete and that 

the environmental compliance history of the firm, its 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 information 

requested on the form and includes at least the correct amount of 

fees. When the Executive Secretary approves a firm’s application, 

the Executive Secretary will issue the firm a certificate 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 Secretary determines 

that the application is incomplete. If the Executive Secretary 

requests a firm to supplement its application, the firm must submit 

the requested information or pay the additional fees 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 application in 

accordance with paragraph (1)(b)(ii) of this section or if 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 compliance 

with environmental statutes or regulations. The Executive 

Secretary will send the firm a letter giving the reason for not 

approving the application. The Executive Secretary 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. 

 (2) Re-certification. To maintain its certification, a firm 

must be re-certified by the Executive Secretary. 

 (a) Timely and complete application. To be re-certified, a 

firm must submit a complete application for re-certification. A 

complete application for re-certification includes a completed 

"Lead-Based Paint Certification Application for Firms" which 
contains all of the information requested by 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 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 is complete and 

timely, the firm’s current certification will remain in effect 

until its expiration date or until the Executive Secretary has made 

a final decision to approve or disapprove the re-certification 

application, whichever is later. 

 (ii) If the firm submits a complete re-certification 

application less than 90 days before its current certification 

expires, and 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 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 for recertification, the Executive Secretary will review the application 

and take one of the following actions within 90 days of receipt: 

 (i) The Executive Secretary will approve a firm’s application 

if the Executive Secretary determines that it is timely and 

complete and that the environmental compliance history of the firm, 

its principals, or its key employees does not show an unwillingness 

or inability to maintain compliance with environmental statutes or 

regulations. When the Executive Secretary approves a firm’s 

application for re-certification, the Executive Secretary 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 Secretary 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 complete as of the date 

that the firm’s current certification expires, or if 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 compliance with 

environmental statutes or regulations. The Executive Secretary 

will send the firm a letter giving the reason for not approving the 

application. 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 amount of fees. 

 (3) Amendment of certification. A firm must amend its 

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 certification within 90 days of the date 
the change occurs, the firm may not perform renovations 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 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. 

 (b) If additional information is needed to process the 

amendment, or the firm did not pay the correct amount of fees, the 

Executive Secretary will request the firm to submit the necessary 

information or fees. The firm’s certification is not amended until 

the firm complies with the request. 

 (c) Amending a certification does not affect the 

certification expiration date. 

 (4) Firm responsibilities. Firms performing renovations must 

ensure that: 

 (a) All individuals performing renovation activities 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 renovation 

performed by the firm and discharges all of the certified renovator 

responsibilities identified in R307-841-8; 

 (c) All renovations performed by the firm are performed 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 sampling technician 

certification. 

 (1) Renovator certification and dust sampling technician 

certification. 

 (a) To become a certified renovator or certified dust 

sampling technician, an individual must successfully complete the 

appropriate course accredited by the Executive Secretary under 

R307-842-1. 

 (b) Individuals who have successfully completed an accredited 

abatement worker or supervisor course, or individuals who have 

successfully completed an Executive Secretary, 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. 

 (c) 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 of the 

initial training to become a certified dust sampling technician. 

 (d) To maintain renovator certification or dust sampling 

technician certification, an individual must complete a renovator 

or dust sampling technician refresher course accredited by the 

Executive Secretary under R307-842-1 within 5 years of the date the 

individual completed the initial course described in paragraph 

(1)(a) of this section. If the individual does not complete a 

refresher course within this time, the individual must re-take the 
initial course to become certified again. 

 (2) Renovator responsibilities. Certified renovators 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 R307-841-5(2) 

and must either perform or direct workers who perform 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 tasks; 

 (c) Must be physically present at the work site when the 

signs required by R307-841-5(1)(a) are posted, while the work area 

containment required by R307-841-5(1)(b) is being established, 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 being followed, 

including 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 telephone, at all 

times that renovations are being conducted; 

 (f) 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; 

 (g) Must have with them at the work site their current 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. When 

performing optional dust clearance sampling under R307-841-5(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 samples to a 

laboratory recognized by EPA under Section 405(b) of TSCA, and must 

compare the results to the clearance levels in accordance with 

R307-842-3(5)(h); and 

 (b) Must have with them at the work site their current Utah 

Lead-Based Paint Dust Sampling Technician certification card. 

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. The Executive Secretary may suspend, 

revoke, or modify an individual’s certification if the individual 

fails to comply with State lead-based paint administrative rules. 

The Executive Secretary may also suspend, revoke, or modify a 

certified renovator’s certification if the renovator fails to 

ensure that all assigned renovations comply with R307-841-5. 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 statutes or regulations. 

 (2) Grounds for suspending, revoking, or modifying 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 the Executive 

Secretary in its application for certification or re-certification, 

 (b) Fails to maintain or falsifies records required 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 lead-based paint 

administrative rules. 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 

statutes or regulations. 

KEY: paint, lead-based paint, lead-based paint renovation 

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i)
R307. Environmental Quality, Air Quality.

R307-842. Lead-Based Paint Activities.

R307-842-1. Accreditation of training programs: target housing and 

child-occupied facilities.

 (1) Scope. 

 (a) A training program may seek accreditation to offer 

courses in any 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. 

 (b) Training programs may apply to the Executive Secretary 

for accreditation of their lead-based paint activities courses or 

refresher courses pursuant to this section. Training programs may 

apply to the Executive Secretary for accreditation of their 

renovator or dust sampling technician courses or refresher courses 

pursuant to this section. 

 (c) A training program must not provide, offer, or claim to 

provide Executive Secretary-accredited lead-based paint activities 

courses without applying for and receiving accreditation from the 

Executive Secretary as required under paragraph (2) of this 

section. A training program must not provide, offer, or claim to 

provide Executive Secretary-accredited renovator or dust sampling 

technician courses without applying for and receiving accreditation 

from the Executive Secretary as required under paragraph (2) of 

this section. 

 (2) Accreditation process. The following are procedures a 

training program must follow to receive Executive Secretary 

accreditation to offer lead-based paint activities courses, 

renovator courses, or dust sampling technician courses: 

 (a) A training program seeking accreditation shall submit a 

written application to the Executive Secretary containing the 

following information: 

 (i) The training program's name, address, and telephone 

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, courses taught in 

different languages are considered different courses, and each must 

independently meet the accreditation requirements; 

 (iv) A description of the facilities and equipment 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 procedures that will 

be used for conducting the assessment of hands-on skills for each 

course; and 

 (vii) A copy of the quality control plan as described in 

paragraph (3)(j) of this section; and 

 (viii) A statement signed by the training program manager 

certifying that the training program meets the requirements 

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-recommended model 

training materials, 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; and 

 (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; 

 (b) If a training program meets the requirements in paragraph 

(3) of this section, then the Executive Secretary shall 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 sent to the 

applicant. In the case of disapproval, a letter describing the 

reasons for disapproval shall be sent to the applicant. Prior to 

disapproval, the Executive Secretary may, at its discretion, work 

with the applicant to address inadequacies in the application for 

accreditation. The Executive Secretary may also request additional 

materials retained by the training program under paragraph (8) of 

this section. If a training program's application is disapproved, 

the program may reapply for accreditation at any time; and 

 (c) 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 additional courses at 

any time as long as the program can demonstrate that it meets the 

requirements of this section; 

 (3) Requirements for the accreditation of training programs. 

 For a training program to obtain accreditation from the Executive 

Secretary to offer lead-based paint activities courses, renovator 

courses, or dust sampling technician courses, the program 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 abatement, 

painting, carpentry, renovation, remodeling, occupational safety 

and health, or industrial hygiene in addition to one 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 management or a 

related field; or 

 (iii) Two years of experience in managing a training program 

specializing in environmental hazards; 

 (b) 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; 

 (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 training in lead 

or asbestos abatement, painting, carpentry, renovation, remodeling, 

occupational safety and health, or industrial hygiene; 

 (c) The principal instructor shall be responsible for the 

organization of the course and oversight of the teaching of all 

course material. The training manager may designate guest 

instructors as needed to provide instruction specific to the 

lecture, hands-on activities, or work practice components of a 

course; 

 (d) The following documents shall be recognized by the 

Executive Secretary as evidence that training managers and 

principal instructors have the education, work experience, training 

requirements or demonstrated experience, specifically listed in 

paragraphs (3)(a) and (3)(b) of this section: 

 (i) Official academic transcripts or diploma as evidence of 

meeting the education requirements; 

 (ii) Resumes, letters of reference, or documentation of work 

experience, as evidence of meeting the work experience 

requirements; and 

 (iii) Certificates from train-the-trainer courses and leadspecific training courses, as evidence of meeting the training 

requirements; 

 (e) The documentation in (d) 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 (8) of this section. 

 (f) The training program shall ensure the 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 

practices and maintaining or updating the equipment and facilities 

as needed; 

 (g) 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 hands-on training 

activities. The minimum curriculum requirements for the inspector 

course are contained in paragraph (4)(a) of this section; 

 (ii) The risk assessor course shall last a minimum of 16 

training hours, with a minimum of 4 hours devoted to hands-on 

training activities. The minimum curriculum requirements 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 to hands-on 

activities. The minimum curriculum requirements for the supervisor 

course are contained in paragraph (4)(c) 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 (4)(d) of this 

section; 

 (v) The abatement worker course shall last a minimum of 16 

training hours, 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 (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-on training 

activities. The minimum curriculum requirements for the renovator 

course are contained in paragraph (4)(f) 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-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-on 

training activities. The minimum curriculum requirements for the 

dust sampling technician course are contained in paragraph (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 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 the course test to pass any course, or 

successfully complete a proficiency test. 

 (i) The training manager is responsible for maintaining the 

validity and integrity of the hands-on skills assessment or 

proficiency test to ensure that it accurately evaluates the 

trainees’ performance of the work practices and procedures 

associated with the course topics contained in paragraph (4) of 

this section; 

 (ii) The training manager is responsible for maintaining the 

validity and integrity of the course test to ensure that it 

accurately evaluates the trainees’ knowledge and retention of the 

course topics; and 

 (iii) The course test shall be developed in accordance with 

the test blueprint submitted with the training accreditation 

application; 

 (i) 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, abatement worker, renovator, or dust sampling 

technician course completion certificates, 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; and 

 (vii) For renovator and dust sampling technician course 
completion certificates, a photograph of the individual; 

 (j) The training manager shall develop and implement a 

quality control plan. The plan shall be used to maintain and 

improve the quality of the training program over time. 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 field; 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 provided 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 with all of the 

requirements in this section; 

 (m) The training manager shall allow the Executive Secretary 

or the Executive Secretary’s authorized representative to audit the 

training program to verify the contents of the application for 

accreditation as described in paragraph (2) of this section; 

 (n) The training manager must provide notification of 

renovator, dust sampling technician, or lead-based paint activities 

courses offered. 

 (i) The training manager must provide the Executive Secretary 

with notification of all renovator, dust sampling technician, or 

lead-based paint activities courses offered. The original 

notification must be received by the Executive Secretary at least 7 

business days prior to the start date of any renovator, dust 

sampling technician, or lead-based paint activities course; 

 (ii) The training manager must provide the Executive 

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 original 

notification, as follows: 

 (A) For renovator, dust sampling technician, or lead-based 

paint activities courses beginning prior to the start date provided 

to the Executive Secretary, an updated notification must be 

received by the Executive Secretary at least 7 business days before 

the new start date; and 

 (B) For renovator, dust sampling technician, or lead-based 

paint activities courses beginning after the start date provided to 

the Executive Secretary, an updated notification must 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 Executive 

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; 

 (iv) The training manager must update the Executive Secretary 

regarding any course cancellations, or any other change to the 

original notification. Updated notifications must be received by 

the Executive Secretary at least 2 business days prior to the start 
date provided to the Executive Secretary; 

 (v) Each notification, including updates, must include the 

following: 

 (A) Notification type (original, update, or cancellation); 

 (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 address; 

 (F) Principal instructor’s name; and 

 (G) Training manager’s name and signature; 

 (vi) Notification must be accomplished using any of the 

following methods: Written notification, or electronically using 

the Utah Division of Air Quality electronic notification system. 

Written notification of renovator, dust sampling technician, or 

lead-based paint activities course schedules 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)(n)(v) of this section. All written 

notifications must be delivered by United States Postal 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 Paint Program web 

site; 

 (vii) Lead-based paint activities courses must not begin on a 

date, or at a location other than that specified in the original 

notification unless an updated notification identifying a new start 

date or location is submitted, in which case the course must begin 

on the new start date and/or location specified in the updated 

notification; and 

 (viii) No training program shall provide renovator, dust 

sampling technician, or lead-based paint activities courses without 

first notifying the Executive Secretary of such activities in 

accordance with the requirements of this paragraph.

 (o) The training manager must provide notification following 

completion of renovator, dust sampling technician, or lead-based 

paint activities courses. 

 (i) The training manager must provide the Executive Secretary 

notification after the completion of any renovator, dust sampling 

technician, or lead-based paint activities course. This notice 

must be received by the Executive Secretary no later 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 who 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 courses 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 electronically using 

the Utah Division of Air Quality electronic notification 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 Postal 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 Paint Program web 

site. 

 (4) Minimum training curriculum requirements. To become 

accredited to offer lead-based paint course instruction in the 

specific disciplines listed below, training programs 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 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 rooms and 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. 

 (ix) Items (iv) through (viii) require hands-on activities as 

an integral component of the course. 

 (b) 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. 

 (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 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 

reduction methods, 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. 

 (xiv) Items (v), and (vii) through (x) require hands-on 

activities as an integral component of the course. 

 (d) 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. 

 (e) 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 

reduction methods, 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. 

 (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 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. 

 (g) 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. 

 (5) 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 

Executive Secretary accreditation to offer refresher training, a 

training program must meet the following minimum requirements: 

 (a) Each refresher course shall review the curriculum topics 

of the full-length courses listed under paragraph (4) of this 

section, as appropriate. In addition, to become accredited to 

offer refresher training courses, training programs shall ensure 

that their courses of study include, at a minimum, the following: 

 (i) An overview of current safety practices relating to leadbased paint in 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; 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 assessor, 

supervisor, and abatement worker must last a minimum of 8 training 
hours. Refresher courses for project designer, renovator, and dust 

sampling technician must last a minimum of 4 training 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 accreditation 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 Executive Secretary 

shall use the approval procedure described in paragraph (2) of this 

section. In addition, the minimum requirements contained in 

paragraphs (3) (except for the requirements in paragraph (3)(g)), 

and (5)(a), (5)(b), and (5)(c) of this section shall also apply; 

and 

 (e) A training program seeking accreditation to offer 

refresher training courses only shall submit a written application 

to the Executive Secretary 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 (3) of this section, except 

for the requirements in paragraph (3)(g) of this section. If a 

training program uses EPA-developed model training 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, the training 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 procedures that will 

be used for conducting the assessment of hands-on skills for each 

course (if applicable); and 

 (D) A copy of the quality control plan as described in 

paragraph (3)(j) of this section; 

 (vi) The requirements in paragraphs (3)(a) through (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 requirements 

listed in this paragraph, then the Executive Secretary shall 

approve the application for accreditation no more than 180 days 

after receiving a complete application from the refresher training 

program. In the case of approval, a certificate of accreditation 

shall be sent to the applicant. In the case of disapproval, a 

letter describing the reasons for disapproval shall be sent to the 
applicant. Prior to disapproval, the Executive Secretary may, at 

its discretion, work with the applicant to address inadequacies in 

the application for accreditation. The Executive Secretary may 

also request additional materials retained by the refresher 

training program under paragraph (8) of this section. If a 

refresher training program’s application is disapproved, the 

program may reapply for accreditation at any time. 

 (6) Re-accreditation of training programs. 

 (a) 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, the training program shall be reaccredited. 

 (b) A training program seeking re-accreditation shall submit 

an application to the Executive Secretary no later than 180 days 

before its accreditation expires. If a training program does not 

submit its application for re-accreditation by that date, the 

Executive Secretary cannot guarantee that the program will be reaccredited before the end of the accreditation period. 

 (c) 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 reaccreditation; 

 (iii) A description of any changes to the training facility, 

equipment or course 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 

requirements in paragraphs (3) and (5) of this section, 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 with the 

current Department of Environmental Quality Fee Schedule. 

 (d) Upon request, the training program shall allow the 

Executive Secretary or the Executive Secretary’s authorized 

representative to audit the training program to verify the contents 

of the application for re-accreditation as described in paragraph 

(6)(c) of this section. 

 (7) Suspension, revocation, and modification of accredited 

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 person with 

supervisory authority over the training program has: 

 (i) Misrepresented the contents of a training course to the 

Executive Secretary 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 leadbased paint statutes or regulations; or 

 (vii) Made false or misleading statements to the Executive 

Secretary in its application for accreditation or re-accreditation 

which the Executive Secretary relied upon in approving the 

application. 

 (b) 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 statutes or 

regulations. 

 (8) Training program recordkeeping requirements. 

 (a) Accredited training programs shall maintain, and make 

available to the Executive Secretary or the Executive Secretary's 

authorized representative, upon request, the following records: 

 (i) All documents specified in paragraph (3)(d) of this 

section that demonstrate the qualifications listed in paragraphs 

(3)(a) and (3)(b) of this section of the training manager and 

principal instructors; 

 (ii) Current curriculum/course materials and documents 

reflecting any changes made to these materials; 

 (iii) The course test blueprint; 

 (iv) Information regarding how the hands-on assessment 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 paragraph (3)(j) 

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; and 

 (vii) Any other material not listed above in paragraphs 

(8)(a)(i) through (8)(a)(vi) of this section that was submitted to 

the Executive Secretary as part of the program’s application for 

accreditation. 

 (b) The training program shall retain these records at the 

address specified on the training program accreditation 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 Executive Secretary 

in writing within 30 days of changing the address specified on its 

training program accreditation application or transferring the 

records from that address. 

R307-842-2. Certification of individuals and firms engaged in 

lead-based paint activities: target housing and child-occupied 

facilities. 

 (1) Certification of individuals. 
 (a) Individuals seeking certification by the Executive 

Secretary to engage in lead-based paint activities must either: 

 (i) Submit to the Executive Secretary an application 

demonstrating that they meet the requirements established in 

paragraphs (2) or (3) of this section for the particular discipline 

for which certification is sought; or 

 (ii) Submit to the Executive Secretary an application with a 

copy of a valid lead-based paint activities certification (or 

equivalent) from the EPA or a State or Tribal program that has been 

authorized by EPA pursuant to subpart Q of 40 CFR 745. 

 (b) Following the submission of an application demonstrating 

that all the requirements of this section have been met, the 

Executive Secretary shall certify an applicant as an inspector, 

risk assessor, supervisor, project designer, or abatement worker, 

as appropriate. 

 (c) Upon receiving Executive Secretary certification, 

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 Administrative Rules for 

an individual to conduct any of the lead-based paint 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 submit the 

appropriate fees in accordance with the current Department 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 Paint Dust 

Sampling Technician shall be $100.00 per year. 

 (2) Inspector, risk assessor or supervisor. 

 (a) To become certified by the Executive Secretary as an 

inspector, risk assessor, or supervisor, pursuant to paragraph 

(1)(a)(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 the Executive Secretary; and 

 (iii) Meet or exceed the following experience and/or 

education requirements: 

 (A) Inspectors. No additional experience and/or education 

requirements; 

 (B) Risk assessors. Risk assessors must have successful 

completion of an accredited training course for inspectors 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 remediation 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, professional 

engineer, registered architect and/or certification in a related 

engineering/health/environmental field (e.g., safety 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); and 

 (C) Supervisor: 

 (I) One year of experience as a certified lead-based 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 by the 

Executive Secretary as evidence of meeting the requirements 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 documentation of work 

experience, as evidence of meeting the work experience 

requirements; and 

 (iii) Course completion certificates from lead-specific or 

other related training courses, issued by accredited training 

programs, as evidence of meeting the training requirements. 

 (c) 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; and 

 (ii) Meet or exceed the education and/or experience 

requirements in paragraph (2)(a)(iii) of this section. 

 (d) The course completion certificate shall serve as interim 

certification for an individual until the next available 

opportunity to take the certification exam. Such interim 

certification shall expire 6 months after issuance.

 (e) After passing the appropriate certification exam 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 individual shall 

be issued a certificate by the Executive Secretary. To maintain 

certification, an individual must be re-certified as described in 

paragraph (4) of this section. 

 (f) An individual may take the certification exam no more 

than three times within 6 months of receiving a course completion 

certificate. 

 (g) 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 the Executive Secretary. 

 (3) Abatement worker and project designer. 

 (a) To become certified by the Executive Secretary as an 

abatement worker or project designer, pursuant to paragraph 

(1)(a)(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; and 

 (ii) Meet or exceed the following additional experience 
and/or education requirements: 

 (A) Abatement workers. No additional experience and/or 

education requirements; and 

 (B) Project designers. 

 (I) Successful completion of an accredited training course for 

supervisors; 

 (II) 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 

 (III) Four years of experience in building construction and 

design or a related field. 

 (b) The following documents shall be recognized by the 

Executive Secretary 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, as evidence of meeting the work experience 

requirements; and 

 (iii) Course completion certificates from lead-specific or 

other related training courses, issued by accredited training 

programs, as evidence of meeting the training requirements. 

 (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 more than 6 months 

from the date of completion. 

 (d) After successfully completing the appropriate training 

courses and meeting any other qualifications described in paragraph 

(3)(a) of this section, an individual shall be issued a certificate 

from the Executive Secretary. To maintain certification, an 

individual must be re-certified as described in paragraph (4) of 

this section. 

 (4) Re-certification. 

 (a) To maintain certification in a particular discipline, a 

certified individual shall apply to and be re-certified by the 

Executive Secretary in that discipline by the Executive Secretary 

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 individual completed a training 

course with a proficiency test. 

 (b) 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. 

 (c) Individuals applying for recertification must submit the 

appropriate fees in accordance with the current Department 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-Based Paint Dust 

Sampling Technician shall be $100.00 per year. 

 (5) Certification of firms. 

 (a) All firms which perform or offer to perform any of the 

lead-based paint activities or renovations described in R307-842-3 
shall be certified by the Executive Secretary. 

 (b) A firm seeking certification shall submit to the 

Executive Secretary a letter attesting that the firm shall 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 R307-842-3 for conducting lead-based 

paint activities. 

 (c) From the date of receiving the firm’s letter requesting 

certification, the Executive Secretary shall have 90 days to 

approve or disapprove the firm’s request for certification. Within 

that time, the Executive Secretary shall respond with 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 for 

certification to engage in lead-based paint activities pursuant to 

this section. 

 (f) Firms applying for certification must submit the 

appropriate fees in accordance with the current Department of 

Environmental 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 

Quality Fee Schedule. The firm re-certification fee for a LeadBased Paint Renovator Firm and/or Dust Sampling Technician 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 individual’s 

certification if an individual has: 

 (i) Obtained training documentation through fraudulent means; 

 (ii) Gained admission to and completed an accredited training 

program through misrepresentation of admission requirements; 

 (iii) Obtained certification through misrepresentation 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 R307-842-3; or 

 (viii) Failed to comply with Federal, State, or local leadbased paint statutes or regulations. 

 (b) In addition to an administrative or 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. 

 (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 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 R307-842-3; 

 (iii) Misrepresented facts in its letter of application for 

certification to the Executive Secretary; 

 (iv) Failed to maintain required records; or 

 (v) Failed to comply with Federal, State, or local lead-based 

paint statutes or regulations. 

 (b) In addition to an administrative or 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. 

R307-842-3. Work practice standards for conducting lead-based paint 

activities: target housing and child-occupied facilities. 

 (1) Effective date, applicability, and terms. 

 (a) All lead-based paint activities shall be performed 

pursuant to the work practice standards contained in 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 individual must perform 

that activity in compliance with the appropriate requirements 

below. 

 (c) Documented methodologies that are appropriate for this 

section are found in the following: the 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, and Lead-Contaminated Soil, the EPA Residential Sampling for 

Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-

R-95-001), and other equivalent methods and guidelines. 

 (d) 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 Contaminated Soil or other 

equivalent guidelines. 

 (2) Inspection. 

 (a) An inspection shall be conducted only by a person 

certified by the Executive Secretary as an inspector or risk 

assessor and, if conducted, must be conducted according to the 

procedures in this paragraph. 

 (b) 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 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 or 
risk assessor determines to have been replaced after 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 manner: 

 (i) The analysis of paint to determine the presence of lead 

shall be conducted using documented methodologies which incorporate 

adequate quality control procedures; and/or 

 (ii) All collected paint chip samples shall be analyzed 

according to paragraph (6) of this section to determine if they 

contain detectable levels of lead that can be quantified 

numerically. 

 (d) 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; and 

 (x) The results of the inspection expressed in terms 

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 assessor. 

 (b) 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, two composite dust samples 

shall be collected, one from the floors and the other 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; and 

 (v) In multi-family dwellings and child-occupied facilities, 

in addition to the floor and window samples required 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 documented 

methodologies that incorporate adequate quality control procedures; 

and 

 (ii) All collected dust samples shall be analyzed according 

to paragraph (6) of this section to determine if they contain 

detectable levels of lead that can be quantified numerically. 

 (d) Paint shall be sampled in the following manner: 

 (i) The analysis of paint to determine the presence of lead 

shall be conducted using documented methodologies which incorporate 

adequate quality control procedures; and/or 

 (ii) All collected paint chip samples shall be analyzed 

according to paragraph (6) of this section to determine if they 

contain detectable levels of lead that can be quantified 

numerically. 

 (e) The risk assessor shall prepare a lead hazard screen 

report, which shall include the following information: 

 (i) The information required in a risk assessment report as 

specified in paragraph (4) of this section, including paragraphs 

(4)(k)(i) through (4)(k)(xiv), and excluding paragraphs (4)(k)(xv) 

through (4)(k)(xviii) of this section. Additionally, any 

background information collected pursuant to paragraph (3)(b)(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. 

 (4) Risk assessment. 

 (a) A risk assessment shall be conducted only by a person 

certified by the Executive Secretary as a risk assessor and, if 

conducted, must be conducted according to the procedures in this 

paragraph. 

 (b) A visual inspection for risk assessment of the 

residential dwelling or child-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. 

 (c) 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. 

 (d) The following surfaces which are determined, 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. 

 (e) 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 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 section 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 locations: 

 (i) Common areas adjacent to the sampled residential 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 window sill and 

floor dust samples (either composite or single-surface samples) 

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. 

 (h) 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., non-play areas) where bare 

soil is present. 

 (i) Any paint, dust, or soil sampling or testing shall be 

conducted using documented methodologies that incorporate adequate 

quality control procedures. 

 (j) Any collected paint chip, dust, or soil samples 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 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 employing each certified risk assessor if applicable; 

 (viii) Name, address, and telephone number of each recognized 

laboratory conducting 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 (4)(c) of this section; 

 (xvi) To the extent that they are used as part of the leadbased paint hazard determination, 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 lead-based paint hazards and any other potential 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 encapsulant or 

enclosure. 

 (5) Abatement. 

 (a) An abatement shall be conducted only by an individual 

certified by the Executive Secretary, and if conducted, shall be 

conducted according to the procedures in this paragraph. 

 (b) 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 

when abatement 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. 

 (c) The certified supervisor and the certified firm employing 

that supervisor shall ensure that all abatement activities are 

conducted according to the requirements of this section and all 

other Federal, State, and local requirements. 

 (d) A certified firm must notify the Executive Secretary of 

lead-based paint abatement activities as follows: 

 (i) Except as provided in paragraph (5)(d)(ii) of this 

section, the Executive Secretary must be notified prior to 

conducting lead-based paint abatement activities. The original 

notification must be received by the Executive Secretary at least 5 

business days before the start date of any lead-based paint 

abatement activities; 

 (ii) Notification for lead-based paint abatement 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 the Executive Secretary 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 the Executive Secretary 

change, an updated notification must be received by the Executive 

Secretary on or before the start date provided to the Executive 
Secretary. Documentation showing evidence of an EBL determination 

or a copy of the Federal/State/Tribal/local emergency abatement 

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 the Executive 

Secretary 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 start date provided to the Executive Secretary an updated 

notification must be received by the Executive Secretary at least 5 

business days before the new start date included in the 

notification; and 

 (B) For lead-based paint abatement activities beginning after 

the start date provided to the Executive Secretary an updated 

notification must be received by the Executive Secretary on or 

before the start date provided to the Executive Secretary; 

 (iv) Except as provided in paragraph (5)(d)(ii) of this 

section, updated notification must be provided to the Executive 

Secretary for any change in location of lead-based paint abatement 

activities at least 5 business days prior to the start date 

provided to the Executive Secretary; 

 (v) Updated notification must be provided to the Executive 

Secretary 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 

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 notification: 

 (A) Notification type (original, updated, or 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 judgment); 

 (D) Firm’s name, Utah lead-based paint firm certification 

number, address, and telephone number; 

 (E) Type of building (e.g., single family dwelling, 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 determination or 

a copy of the Federal/State/Tribal/local emergency abatement order, 

if using the abbreviated time period as described in paragraph 

(5)(d)(ii) of this section; 

 (I) Name and Utah lead-based paint individual certification 

number of the project supervisor; 

 (J) Approximate square footage/acreage to be abated; 

 (K) Brief description of abatement activities to be 

performed; and 
 (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 

following methods: Written notification, or electronically using 

the Utah Division of Air Quality electronic notification system. 

Written notification can be accomplished using either the sample 

form titled “Lead-Based Paint Abatement Project Notification” or 

similar form containing the information required in paragraph 

(5)(d)(vi) of this section. All written notifications must be 

delivered by United States Postal 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 Paint Program web site; 

 (viii) Lead-based paint abatement activities shall not begin 

on a date, or at a location other than that specified in either an 

original or updated notification, in the event of changes to the 

original notification; and 

 (ix) No firm or individual shall engage in lead-based paint 

abatement activities, as defined in R307-840-2, prior to notifying 

the Executive Secretary of such activities according to the 

requirements of this paragraph. 

 (e) A written occupant protection plan 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 building occupants from exposure to 

any lead-based paint hazards; and 

 (ii) A certified supervisor or project designer shall prepare 

the occupant protection plan. 

 (f) 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 Particulate Air (HEPA) exhaust control 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 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 lead-based paint is permitted 

only at temperatures below 1100 degrees Fahrenheit.

 (g) 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; and 
 (B) The soil that is removed shall not be used as top soil at 

another residential property or child-occupied facility; or 

 (ii) If soil is not removed, the soil shall be permanently 

covered, as defined in R307-840-2. 

 (h) The following post-abatement clearance procedures shall 

be performed only by a certified inspector or risk assessor: 

 (i) Following an abatement, a visual inspection shall be 

performed to determine if deteriorated painted surfaces and/or 

visible amounts of dust, debris, or 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 inspection and any post-abatement 

cleanup required by paragraph (5)(h)(i) of this section, clearance 

sampling for lead in dust shall be conducted. Clearance sampling 

may be conducted by employing single-surface sampling or composite 

sampling techniques; 

 (iii) Dust samples for clearance purposes shall be taken 

using documented methodologies that incorporate adequate quality 

control procedures; 

 (iv) Dust samples for clearance purposes shall be taken a 

minimum of 1 hour after completion of final post-abatement cleanup 

activities; 

 (v) The following post-abatement clearance 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 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 rooms, hallways, 

or stairwells within the residential dwelling or child-occupied 

facility, then all rooms, hallways, or stairwells shall be sampled; 

and 

 (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 to the 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 residual lead level (as determined by the laboratory 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 each composite 

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 a single surface dust sample equals or 

exceeds the applicable clearance level or if the residual lead 

level in a composite dust sample equals or exceeds the applicable 

clearance level divided by half the number of subsamples 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, and 400 ug/ft2 

for window troughs. 

 (i) 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 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 sampled population 

exceed the appropriate clearance levels; and 

 (iii) The randomly selected residential dwellings shall be 

sampled and evaluated for clearance according to the procedures 

found in paragraph (5)(h) of this section. 

 (j) An abatement report shall be prepared by a certified 

supervisor or project designer. The abatement report 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 assigned to the 

abatement project; 

 (iii) The occupant protection plan prepared pursuant to 

paragraph (5)(e) 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; and 

 (vi) A detailed written description of the abatement, 

including abatement methods used, locations of rooms and/or 

components where abatement occurred, reason for selecting 

particular abatement methods for each component, and any suggested 

monitoring of encapsulants or enclosures. 
 (6) Collection and laboratory analysis of samples. Any paint 

chip, dust, or soil samples collected pursuant to the work practice 

standards contained in this section shall be: 

 (a) Collected by persons certified by the Executive Secretary 

as an inspector or risk assessor; and 

 (b) 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. 

 (7) Composite dust sampling. Composite dust sampling may 

only be conducted in the situations specified in paragraphs (3) 

through (5) of this section. If such sampling is conducted, the 

following conditions shall apply: 

 (a) Composite dust samples shall consist of at least two 

subsamples; 

 (b) Every component that is being tested shall be included in 

the sampling; and 

 (c) Composite dust samples shall not consist of subsamples 

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 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. 

 (b) 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 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 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); and 

 (iv) If there is any other deteriorated lead-based paint in 

any residential building or child-occupied facility or on the 

exterior of any residential building or child-occupied facility. 

 (c) 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 loading for all single 

surface or composite samples of floors and interior window sills 

are equal to or greater than 40 ug/ft2 for floors and 250 ug/ft2 

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. 

 (d) 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 

concentration from 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. 

 (9) Recordkeeping. All reports or plans required 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. 

R307-842-4. Lead-based paint activities requirements. 

 Lead-based paint activities, as defined in R307-840-2, shall 

only be conducted according to the procedures and work 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 perform 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, Subpart 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 paint per room 

or equivalent, 

 (b) Twenty square feet of deteriorated paint on the exterior 

building, or 

 (c) Ten percent of the total surface area of deteriorated 

paint on an interior or exterior type of component with a small 

surface area. 

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

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i)
APPENDIX 5 

GENERAL REQUIREMENTS 

R307-101 & 102, UTAH ADMINISTRATIVE CODE
R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-1. Foreword.

 Chapter 19-2 and the rules adopted by the Air Quality Board 

constitute the basis for control of air pollution sources in the 

state. These rules apply and will be enforced throughout the 

state, and are recommended for adoption in local jurisdictions 

where environmental specialists are available to cooperate in 

implementing rule requirements. 

 National Ambient Air Quality Standards (NAAQS), National 

Standards of Performance for New Stationary Sources (NSPS), 

National Prevention of Significant Deterioration of Air Quality 

(PSD) standards, and the National Emission Standards for Hazardous 

Air Pollutants (NESHAPS) apply throughout the nation and are 

legally enforceable in Utah. 

R307-101-2. Definitions.

 Except where specified in individual rules, definitions in 

R307-101-2 are applicable to all rules adopted by the Air Quality 

Board. 

 "Actual Emissions" means the actual rate of emissions of a 

pollutant from an emissions unit determined as follows: 

 (1) In general, actual emissions as of a particular date 

shall equal the average rate, in tons per year, at which the unit 

actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of normal 

source operations. The Executive Secretary shall allow the use of 

a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall 

be calculated using the unit's actual operating hours, production 

rates, and types of materials processed, stored, or combusted 

during the selected time period. 

 (2) The Executive Secretary may presume that source-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 not 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 change 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 period of 5 years 

from the date the unit resumes regular operation, information 

demonstrating that the physical or operational change did not 

result in an emissions increase. A longer period, not to exceed 10 

years, may be required by the executive secretary if the executive 

secretary determines such a period to be more representative of 

normal source post-change operations. 

 "Acute Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - ceiling 

(TLV-C) has been adopted by the American Conference of Governmental 
Industrial Hygienists (ACGIH) in its "Threshold Limit Values for 

Chemical Substances and Physical Agents and Biological 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 owned 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 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 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 restrict 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 of any city, 

town or county. 

 "Atmosphere" means the air that envelops or surrounds 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 combination fire 

department; or other local agency duly designated by appropriate 

authority, with approval of the state Department of Health; and 

other lawfully adopted ordinances, codes or regulations not in 

conflict therewith. 

 "Board" means Air Quality Board. See Section 19-2-102(6)(a). 

 "Breakdown" means any malfunction or procedural error, to 

include but not limited to any malfunction or procedural 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 instrument meter 

readout over a stated period of time of normal continuous operation 

when the VOC concentration at the time of measurement is the same 

known upscale value. 

 "Carbon Adsorption System" means a device containing 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 hazardous air 

pollutant that is classified as a known human carcinogen (A1) or 
suspected human carcinogen (A2) by the American Conference 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 pollutant 

except the following: 

 (1) Carbon monoxide; 

 (2) Any pollutant that is a regulated air pollutant 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 pollutant solely 

because it is subject to a standard or regulation under Section 

112(r) of the Act, Prevention of Accidental Releases. 

 "Chronic Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - time 

weighted average (TLV-TWA) having no threshold limit value - 

ceiling (TLV-C) has been adopted by the American Conference 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 amended in 

1990. 

 "Clean Coal Technology" means any technology, including 

technologies applied at the precombustion, combustion, or post 

combustion stage, at a new or existing facility which will achieve 

significant reductions in air emissions of sulfur dioxide or oxides 

of nitrogen associated with the utilization of coal in the 

generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990. 

 "Clean Coal Technology Demonstration Project" means a project 

using funds appropriated under the heading "Department 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 Environmental 

Protection Agency. The Federal contribution for a qualifying 

project shall be at least 20 percent of the total cost of the 

demonstration project. 

 "Clearing Index" means an indicator of the predicted rate of 

clearance of ground level pollutants from a given area. This 

number is provided by the National Weather Service.

 "Commence" as applied to construction of a major source 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 program of actual 

on-site construction of the source, to be completed within a 

reasonable time; or 

 (2) Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without 

substantial loss to the owner or operator, to undertake a program 

of actual construction of the source to be completed within a 

reasonable time. 

 "Compliance Schedule" means a schedule of events, by date, 

which will result in compliance with these regulations. 
 "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 prevents or 

controls the emission of any air contaminant directly or indirectly 

into the outdoor atmosphere. 

 "Department" means Utah State Department of Environmental 

Quality. See Section 19-1-103(1). 

 "Electric Utility Steam Generating Unit" means any steam 

electric generating unit that is constructed for the purpose of 

supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steamelectric generator that would produce electrical energy for sale is 

also considered in determining the electrical energy output 

capacity of the affected facility. 

 "Emission" means the act of discharge into the atmosphere 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 any source 

operation, equipment or control apparatus: 

 (1) Information necessary to determine the identity, amount, 

frequency, concentration, or other characteristics related to air 

quality of any air contaminant which has been emitted by the source 

operation, equipment, or control apparatus; 

 (2) Information necessary to determine the identity, amount, 

frequency, concentration, or other characteristics (to the extent 

related to air quality) of any air contaminant which, under an 

applicable standard or limitation, the source operation was 

authorized to emit (including, to the extent necessary for such 

purposes, a description of the manner or rate of operation of the 

source operation), or any combination of the foregoing; and 

 (3) A general description of the location and/or nature of 

the source operation to the extent necessary to identify the source 

operation and to distinguish it from other source operations 

(including, to the extent necessary for such purposes, a 

description of the device, installation, or operation constituting 

the source operation). 

 "Emission Limitation" means a requirement established by the 

Board or the Administrator, EPA, which limits the quantity, rate or 

concentration of emission of air pollutants on a continuous 

emission reduction including any requirement relating to the 

operation or maintenance of a source to assure continuous emission 

reduction (Section 302(k)). 

 "Emissions Unit" means any part of a stationary source which 

emits or would have the potential to emit any pollutant subject to 

regulation under the Clean Air Act. 

 "Enforceable" means all limitations and conditions which are 

enforceable by the Administrator, including those requirements 

developed pursuant to 40 CFR Parts 60 and 61, requirements 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, Method 9, 

"Visual Determination of Opacity of Emissions from Stationary 

Sources," and Alternate 1, "Determination of the opacity of 

emissions from stationary sources remotely by LIDAR." 

 "Executive Director" means the Executive Director of the Utah 

Department of Environmental Quality. See Section 19-1-103(2). 

 "Executive Secretary" means the Executive Secretary of the 

Board. 

 "Existing Installation" means an installation, construction of 

which began prior to the effective date of any regulation having 

application to it. 

 "Facility" means machinery, equipment, structures of any part 

or accessories thereof, installed or acquired for the primary 

purpose of controlling or disposing of air pollution. It does not 

include an air conditioner, fan or other similar device for the 

comfort of personnel. 

 "Fireplace" means all devices both masonry or factory built 

units (free standing fireplaces) with a hearth, fire chamber or 

similarly prepared device connected to a chimney which provides the 

operator with little control of combustion air, leaving its fire 

chamber fully or at least partially open to the room. Fireplaces 

include those devices with circulating systems, heat exchangers, or 

draft reducing doors with a net thermal efficiency of no greater 

than twenty percent and are used for aesthetic purposes. 

 "Fugitive Dust" means particulate, composed of soil and/or 

industrial particulates such as ash, coal, minerals, etc., which 

becomes airborne because of wind or mechanical disturbance of 

surfaces. Natural sources of dust and fugitive emissions are not 

fugitive dust within the meaning of this definition. 

 "Fugitive Emissions" means emissions from an installation or 

facility which are neither passed through an air cleaning device 

nor vented through a stack or could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening. 

 "Garbage" means all putrescible animal and vegetable matter 

resulting from the handling, preparation, cooking and consumption 

of food, including wastes attendant thereto. 

 "Gasoline" means any petroleum distillate, used as a fuel for 

internal combustion engines, having a Reid vapor pressure of 4 

pounds or greater. 

 "Hazardous Air Pollutant (HAP)" means any pollutant listed by 

the EPA as a hazardous air pollutant in conformance with Section 

112(b) of the Clean Air Act. A list of these pollutants is 

available at the Division of Air Quality. 

 "Household Waste" means any solid or liquid material normally 

generated by the family in a residence in the course of ordinary 

day-to-day living, including but not limited to garbage, paper 

products, rags, leaves and garden trash. 

 "Incinerator" means a combustion apparatus designed for high 

temperature operation in which solid, semisolid, liquid, or gaseous 

combustible wastes are ignited and burned efficiently and from 

which the solid and gaseous residues contain little or no 

combustible material. 

 "Installation" means a discrete process with identifiable 
emissions which may be part of a larger industrial plant. 

Pollution equipment shall not be considered a separate installation 

or installations. 

 "LPG" means liquified petroleum gas such as propane or butane. 

 "Maintenance Area" means an area that is subject to the 

provisions of a maintenance plan that is included in 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 maintenance 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 maintenance 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 maintenance 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 July 6, 2005; and 

 (iii) Ogden City, effective on the date that EPA approves the 

maintenance plan that was adopted by the Board on July 6, 2005. 

 (d) The following area is considered a maintenance area for 

sulfur dioxide: all of Salt Lake County and the eastern portion of 

Tooele County above 5600 feet, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board on 

January 5, 2005. 

 "Major Modification" means any physical change in or change in 

the method of operation of a major source that would 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 for 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 any PM10 

precursor is also a significant net emission increase for PM10. A 

physical change or change in the method of operation 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 Supply and 

Environmental Coordination Act of 1974, or by reason of a natural 

gas curtailment plan pursuant to the Federal Power Act; 

 (3) use of an alternative fuel by reason of an order or rule 

under section 125 of the federal Clean Air Act; 

 (4) use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal 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 prohibited 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 the 

production rate unless such change would be prohibited under any 

enforceable permit condition; 

 (7) any change in ownership at a source 

 (8) the addition, replacement or use of a pollution control 

project at an existing electric utility steam generating unit, 

unless the executive secretary determines that such addition, 

replacement, or use renders the unit less environmentally 

beneficial, or except: 

 (a) when the executive secretary has reason to believe that 

the pollution control project would result in a significant net 

increase in representative actual annual emissions of any criteria 

pollutant over levels used for that source in the most recent air 

quality impact analysis in the area conducted for the purpose of 

Title I of the Clean Air Act, if any, and 

 (b) the executive secretary determines that the increase will 

cause or contribute to a violation of any national ambient air 

quality standard or PSD increment, or visibility limitation. 

 (9) the installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided 

that the project complies with: 

 (a) the Utah State Implementation Plan; and 

 (b) other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after 

it is terminated. 

 "Major Source" means, to the extent provided by the 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 year or more of any 

pollutant subject to regulation under the Clean Air Act; or 

 (a) any source located in a nonattainment area for carbon 

monoxide which emits, or has the potential to emit, carbon monoxide 

in the amounts outlined in Section 187 of the federal Clean Air Act 

with respect to the severity of the nonattainment area as outlined 

in Section 187 of the federal Clean Air Act; or 

 (b) any source located in Salt Lake or Davis Counties or in a 

nonattainment area for ozone which emits, or has the potential to 

emit, VOC or nitrogen oxides in the amounts outlined in Section 182 

of the federal Clean Air Act with respect to the severity of the 

nonattainment area as outlined in Section 182 of the federal Clean 

Air Act; or 

 (c) any source located in a nonattainment area for PM10 which 

emits, or has the potential to emit, PM10 or any PM10 precursor in 

the amounts outlined in Section 189 of the federal Clean Air Act 

with respect to the severity of the nonattainment area as outlined 

in Section 189 of the federal Clean Air Act. 

 (2) any physical change that would occur at a source not 

qualifying under subpart 1 as a major source, if the change would 

constitute a major source by itself; 

 (3) the fugitive emissions and fugitive dust of a stationary 
source shall not be included in determining for any of the purposes 

of these R307 rules whether it is a major stationary source, unless 

the source belongs to one of the following categories 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 more 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 hour heat input; 

 (v) Petroleum storage and transfer units with a total 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 more 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 112 of the federal 

Clean Air Act. 

 "Modification" means any planned change in a source which 

results in a potential increase of emission. 

 "National Ambient Air Quality Standards (NAAQS)" means the 

allowable concentrations of air pollutants in the ambient 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 particular 

physical change or change in method of operation at a source; and 

 (2) any other increases and decreases in actual emissions at 

the source that are contemporaneous with the particular change and 

are otherwise creditable. For purposes of determining a "net 

emissions increase": 

 (a) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only 

if it occurs between the date five years before construction on the 
particular change commences; and the date that the increase from 

the particular change occurs. 

 (b) An increase or decrease in actual emissions is creditable 

only if it has not been relied on in issuing a prior approval for 

the source which approval is in effect when the increase in actual 

emissions for the particular change occurs. 

 (c) An increase or decrease in actual emission of sulfur 

dioxide, nitrogen oxides or particulate matter which occurs before 

an applicable minor source baseline date is creditable only if it 

is required to be considered in calculating the amount of maximum 

allowable increases remaining available. With respect to 

particulate matter, only PM10 emissions will be used 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 exceeds 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 the 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 significance 

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 permit under 

R307-401 nor has it been relied on in demonstrating attainment or 

reasonable further progress. 

 (f) An increase that results from a physical change at a 

source occurs when the emissions unit on which construction 

occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown period, not to exceed 

180 days. 

 "New Installation" means an installation, construction of 

which began after the effective date of any regulation having 

application to it. 

 "Nonattainment Area" means an area designated by the 

Environmental Protection Agency as nonattainment under 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 such source by 

these regulations and/or the State Implementation Plan. 

 "Opacity" means the capacity to obstruct the transmission of 

light, expressed as percent. 

 "Open Burning" means any burning of combustible materials 

resulting in emission of products of combustion into ambient air 

without passage through a chimney or stack. 

 "Owner or Operator" means any person who owns, leases, 

controls, operates or supervises a facility, an emission source, or 

air pollution control equipment. 

 "PSD" Area means an area designated as attainment or 
unclassifiable under section 107(d)(1)(D) or (E) of the federal 

Clean Air Act. 

 "PM2.5" means particulate matter with an aerodynamic 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 aerodynamic diameter 

less than or equal to a nominal 10 micrometers as measured by an 

EPA reference or equivalent method. 

 "PM10 Precursor" means any chemical compound or substance 

which, after it has been emitted into the atmosphere, undergoes 

chemical or physical changes that convert it into particulate 

matter, specifically PM10. 

 "Part 70 Source" means any source subject to the permitting 

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 political 

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 innovative pollution 

control technology, including but not limited to advanced flue gas 

desulfurization, sorbent injection for sulfur dioxide and nitrogen 

oxides controls and electrostatic precipitators; 

 (2) An activity or project to accommodate switching 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 demonstration project 

conducted under Title II, sec. 101(d) of the Further Continuing 

Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United 

States Code), or subsequent appropriations, 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 Environmental Protection Agency; or 

 (4) A permanent clean coal technology demonstration 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 equipment and 

restrictions on hours of operation or on the type or amount of 

material combusted, stored, or processed shall be treated as part 

of its design if the limitation or the effect it would have on 

emissions is enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. 

 "Process Level" means the operation of a source, specific to 

the kind or type of fuel, input material, or mode of operation. 

 "Process Rate" means the quantity per unit of time of any raw 

material or process intermediate consumed, or product generated, 

through the use of any equipment, source operation, or control 
apparatus. For a stationary internal combustion unit 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 commencement of commercial 

operations by a coal-fired utility unit after a period of 

discontinued operation where the unit: 

 (1) Has not been in operation for the two-year period 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 continuous system 

of emissions control that achieves a removal efficiency for sulfur 

dioxide of no less than 85 percent and a removal efficiency 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 requirements of the 

Clean Air Act. 

 "Reasonable Further Progress" means annual incremental 

reductions in emission of an air pollutant which are sufficient to 

provide for attainment of the NAAQS by the date identified in the 

State Implementation Plan. 

 "Refuse" means solid wastes, such as garbage and trash. 

 "Regulated air pollutant" means any of the following: 

 (a) Nitrogen oxides or any volatile organic compound; 

 (b) Any pollutant for which a national ambient air quality 

standard has been promulgated; 

 (c) Any pollutant that is subject to any standard promulgated 

under Section 111 of the Act, Standards of Performance for New 

Stationary Sources; 

 (d) Any Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act, 

Stratospheric Ozone Protection; 

 (e) Any pollutant subject to a standard promulgated under 

Section 112, Hazardous Air Pollutants, or other requirements 

established under Section 112 of the Act, including Sections 

112(g), (j), and (r) of the Act, including any of the following: 

 (i) Any pollutant subject to requirements under Section 

112(j) of the Act, Equivalent Emission Limitation by 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 applicable 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) requirement. 

 "Repowering" means replacement of an existing coal-fired 

boiler with one of the following clean coal technologies: 

atmospheric or pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, direct and 
indirect coal-fired turbines, integrated gasification fuel cells, 

or as determined by the Administrator, in consultation with the 

Secretary of Energy, a derivative of one or more of these 

technologies, and any other technology capable of controlling 

multiple combustion emissions simultaneously with improved boiler 

or generation efficiency and with significantly greater 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 demonstration 

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 projected 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 the effect any 

such change will have on increasing or decreasing the hourly 

emissions rate and on projected capacity utilization. In 

projecting future emissions the executive secretary shall: 

 (1) Consider all relevant information, including but not 

limited to, historical operational data, the company'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 emissions that 

results from the particular physical change or change in the method 

of operation at an electric utility steam generating unit, that 

portion of the unit's emissions following the change that could 

have been accommodated during the representative baseline period 

and is attributable to an increase in projected capacity 

utilization at the unit that is unrelated to the particular 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 chimney that burns 

solid fuel and is capable of, and intended for use as a space 

heater, domestic water heater, or indoor cooking appliance, and has 

an air-to-fuel ratio less than 35-to-1 as determined by the test 

procedures prescribed in 40 CFR 60.534. It must also have a 

useable firebox volume of less than 6.10 cubic meters or 20 cubic 

feet, a minimum burn rate less than 5 kilograms per hour or 11 

pounds per hour as determined by test procedures prescribed in 40 

CFR 60.534, and weigh less than 800 kilograms or 362.9 pounds. 

Appliances that are described as prefabricated fireplaces and are 

designed to accommodate doors or other accessories that would 

create the air starved operating conditions of a residential solid 
fuel burning device shall be considered as such. Fireplaces are 

not included in this definition for solid fuel burning devices. 

 "Road" means any public or private road. 

 "Salvage Operation" means any business, trade or industry 

engaged in whole or in part in salvaging or reclaiming any product 

or material, including but not limited to metals, chemicals, 

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 the source or 

modification which causes the secondary emissions. Secondary 

emissions include emissions from any off-site support facility 

which would not be constructed or increase its emissions except as 

a result of the construction or operation of the major source or 

major modification. Secondary emissions do not include any 

emissions which come directly from a mobile source such as 

emissions from the tailpipe of a motor vehicle, from a train, or 

from a vessel. 

 Fugitive emissions and fugitive dust from the source or 

modification are not considered secondary emissions. 

 "Significant" means: 

 (1) In reference to a net emissions increase or the potential 

of a source to emit any of the following pollutants, a rate of 

emissions that would equal or exceed any of the following 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 organic 

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 agents. 

 "Source" means any structure, building, facility, or 

installation which emits or may emit any air pollutant subject to 

regulation under the Clean Air Act and which is located 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 means all of the 

pollutant-emitting activities which belong to the same industrial 

grouping. Pollutant-emitting activities shall be considered as 

part of the same industrial grouping if they belong to the same 

"Major Group" (i.e. which have the same two-digit code) as 

described in the Standard Industrial Classification Manual, 1972, 

as amended by the 1977 Supplement (US Government Printing Office 

stock numbers 4101-0065 and 003-005-00176-0, respectively). 

 "Stack" means any point in a source designed to emit solids, 

liquids, or gases into the air, including a pipe or duct but not 
including flares. 

 "Standards of Performance for New Stationary Sources" means 

the Federally established requirements for performance 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 Project" means 

a clean coal technology demonstration project that is operated for 

a period of 5 years or less, and which complies with the Utah State 

Implementation Plan and other requirements necessary 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 the airborne 

concentration of a substance which may not be exceeded, as adopted 

by the American Conference of Governmental Industrial Hygienists in 

its "Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices, (2009)." 

 "Threshold Limit Value - Time Weighted Average (TLV-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 Chemical Substances 

and Physical Agents and Biological Exposure Indices, (2009)." 

 "Total Suspended Particulate (TSP)" means minute separate 

particles of matter, collected by high volume sampler. 

 "Toxic Screening Level" means an ambient concentration of an 

air contaminant equal to a threshold limit value - ceiling (TLV- C) 

or threshold limit value -time weighted average (TLV-TWA) divided 

by a safety factor. 

 "Trash" means solids not considered to be highly flammable or 

explosive including, but not limited to clothing, rags, leather, 

plastic, rubber, floor coverings, excelsior, tree leaves, yard 

trimmings and other similar materials. 

 "Volatile Organic Compound (VOC)" means VOC as defined in 40 

CFR 51.100(s)(1), effective as of the date referenced in R307-101-

3, is hereby adopted and incorporated by reference.

 "Waste" means all solid, liquid or gaseous material, 

including, but not limited to, garbage, trash, household refuse, 

construction or demolition debris, or other refuse including that 

resulting from the prosecution of any business, trade or industry. 

 "Zero Drift" means the change in the instrument meter readout 

over a stated period of time of normal continuous operation 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) incorporated 

throughout R307 is dated July 1, 2008. 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: December 2, 2009

Notice of Continuation: July 2, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

R307. Environmental Quality, Air Quality.

R307-102. General Requirements: Broadly Applicable Requirements.

R307-102-1. Air Pollution Prohibited; Periodic Reports Required.

 (1) Emission of air contaminants in sufficient quantities to 

cause air pollution as defined in R307-101-2 is prohibited. 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 Information. The 

owner or operator of any stationary air contaminant source in Utah 

shall furnish to the Board the periodic reports required under 

Section 19-2-104(1)(c) and any other information as the Board may 

deem necessary to determine whether the source is in compliance 

with Utah and Federal regulations and standards. The information 

thus obtained will be correlated with applicable emission 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 these 

regulations may request that such information be treated as a trade 

secret or on a confidential basis, in which case the executive 

secretary and Board shall so treat such information. If no claim 

is made at the time of submission, the executive secretary may make 

the information available to the public without further notice. 

Information required to be disclosed to the public under State or 

Federal law may not be requested to be kept confidential. 

Justification supporting claims of confidentiality shall be 

provided at the time of submission on the information. Each page 

claimed "confidential" shall be marked "confidential business 

information" by the applicant and the confidential information on 

each page shall be clearly specified. Claims of confidentiality 

for the name and address of applicants for an approval order will 

be denied. Confidential information or any other information or 

report received by the executive secretary or Board shall be 

available to EPA upon request and the person who submitted 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 granted by the 

Board as provided by law (See Section 19-2-113) unless prohibited 

by the Clean Air Act: 

 (a) to permit operation of an air pollution source for the 

time period involved in installing or constructing air pollution 

control equipment in accordance with a compliance schedule 

negotiated by the Executive Secretary and approved by the Board. 

 (b) to permit operation of an air pollution source where 

there is no practicable means known or available for adequate 

prevention, abatement or control of the air pollutants involved. 

Such a variance shall be only until the necessary means for 

prevention, abatement or control becomes known and available, 
subject to the use of substitute or alternate measures the Board 

may prescribe. 

 (c) to permit operation of an air pollution source 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 control 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 temporarily reduce 

the pay of any employee by reason of the use of a supplemental or 

intermittent or other dispersion dependent control system for the 

purposes of meeting any air pollution requirement adopted pursuant 

to the Clean Air Act as amended August 1977. 

R307-102-6. Emissions Standards.

 Other provisions of R307 may require more stringent controls 

than listed herein, in which case those requirements must be met. 

KEY: air pollution, confidentiality of information, variances

Date of Enactment or Last Substantive Amendment: December 7, 2000

Notice of Continuation: February 8, 2008

Authorizing, and Implemented or Interpreted Law: 19-2-104; 63G-4-

202; 19-2-113
APPENDIX 6

40 CFR 745 

LEAD-BASED PAINT POISONING PREVENTION IN 

CERTAIN RESIDENTIAL STRUCTURES 
600 

§ 725.1000 40 CFR Ch. I (7–1–09 Edition) 

(2) The Director, or a designee, will 

consider 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 explain 

why 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 a 

microorganism should be limited or revoked, EPA will propose the changes in 

a notice in the FEDERAL REGISTER, 

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 development 

in 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 Paint 

Hazards 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. 


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Environmental Protection Agency § 745.63 

745.226 Certification of individuals and 

firms 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 and 

firms 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-based 

paint compliance and enforcement programs. 

745.339 Effective date. 

AUTHORITY: 15 U.S.C. 2605, 2607, 2681–2692 

and 42 U.S.C. 4852d. 

SOURCE: 61 FR 9085, Mar. 6, 1996, unless otherwise noted. 

Subparts A–C [Reserved] 

Subpart D—Lead-Based Paint 

Hazards 

SOURCE: 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 to 

these 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 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 divided by the number of samples). 

Chewable surface means an interior or 

exterior 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 that 

is 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 feet 

surrounding the perimeter of a building. 

Friction surface means an interior or 

exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair 

surfaces. 

Impact surface means an interior or 

exterior surface that is subject to damage by repeated sudden force such as 

certain parts of door frames. 


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§ 745.65 40 CFR Ch. I (7–1–09 Edition) 

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 in 

micrograms 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 a 

residential 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 the 

following: the presence of play equipment (e.g., sandboxes, swing sets, and 

sliding boards), toys, or other children’s possessions, observations of play 

patterns, or information provided by 

parents, 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 if 

built-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 for 

Lead 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 the 

surface 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 of 

each single surface sample in the composite. The weighted arithmetic mean 

is obtained by summing, for all samples, the product of the sample’s result 

multiplied 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 μg/ft2, 

a composite sample (three subsamples) 

containing 100 μg/ft2, and a composite 

sample (4 subsamples) containing 110 

μg/ft2 is 100 μg/ft2. 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 Lead 

Determination 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. 


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Environmental Protection Agency § 745.81 

(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 or 

child-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 μg/ft2

on floors or 250 μg/ft2 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 

(μg/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 24 

CFR part 35, subpart R. The work practice standards in those regulations do 

not apply when treating paint-lead hazards of less than: 

(1) Two square feet of deteriorated 

lead-based paint per room or equivalent, 

(2) Twenty square feet of deteriorated 

paint on the exterior building, or 

(3) Ten percent of the total surface 

area of deteriorated paint on an interior or exterior type of component with 

a small surface area. 

Subpart E—Residential Property 

Renovation 

SOURCE: 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 all 

renovations 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 authorized 

under 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 June 

23, 2008, no training program may provide, offer, or claim to provide training 

or refresher training for EPA certification as a renovator or a dust sampling technician without accreditation 

from 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 firm 

may perform, offer, or claim to perform renovations without certification 

from 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). 


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§ 745.82 40 CFR Ch. I (7–1–09 Edition) 

(3) Individuals. On or after April 22, 

2010, all renovations must be directed 

by renovators certified in accordance 

with §745.90(a) and performed by certified renovators or individuals trained 

in 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 April 

22, 2010, all renovations must be performed in accordance with the work 

practice standards in §745.85 and the 

associated recordkeeping requirements 

in §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 owners 

and 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 Renovate 

Right: 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 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 §745.226 or a State or Tribal 

certification 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/ 

cm2) 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 §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 to 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 treads and 

risers of a single staircase, the renovator is required to test only one of 

the individual components, unless the 

individual components appear to have 

been repainted or refinished separately. 

(b) The information distribution requirements in §745.84 do not apply to 

emergency renovations, which are renovation 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 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 are 

not 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). 


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Environmental Protection Agency § 745.83 

(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 in 

target 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 resides 

there, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm will not 

be required to use the work practices 

contained in EPA’s renovation, repair, 

and painting rule. For the purposes of 

this section, a child resides in the primary residence of his or her custodial 

parents, legal guardians, and foster 

parents. 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, 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 common areas in 

public or commercial buildings that 

contain child-occupied facilities, the 

child-occupied facility encompasses 

only 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 the 

common areas routinely used by children under age 6. 

Cleaning verification card means a 

card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning 

cloths with the card, whether post-renovation cleaning has been properly 

completed. 

Component or building component 

means 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 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 and 

railing 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 a 

commercially 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. 


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§ 745.83 40 CFR Ch. I (7–1–09 Edition) 

HEPA vacuum means a vacuum cleaner which has been designed with a highefficiency particulate air (HEPA) filter 

as 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, including 

specialized 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 activities 

or 20 square feet or less of painted surface for exterior activities where none 

of 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 judicial 

person including any individual, corporation, partnership, or association; 

any Indian Tribe, State, or political 

subdivision thereof; any interstate 

body; and any department, agency, or 

instrumentality of the Federal Government. 

Recognized test kit means a commercially available kit recognized by EPA 

under §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 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 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 in 

painted 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 renovation 

performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under 

this subpart. The term renovation does 

not include minor repair and maintenance activities. 

Renovator means an individual who 

either performs or directs workers who 


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Environmental Protection Agency § 745.84 

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 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 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, a 

written 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 performing 

the 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 and 

make 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 shall 

describe the general nature and locations of the planned renovation activities; the expected starting and ending 

dates; 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 the 

renovation and the anticipated 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 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 


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§ 745.85 40 CFR Ch. I (7–1–09 Edition) 

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 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 providing 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 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, 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 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 acknowledgment 

from an adult representative. Such certification must include the address of 

the child-occupied facility 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 

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 guardians 

of 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 the 

renovation 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 a 

posted copy of the pamphlet or information on how interested parents or 

guardians can review a copy of the 

pamphlet or obtain a copy from the 

renovation firm at no cost to the parents or guardians. 

(3) The renovation firm must prepare, 

sign, and date 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 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 the 

owner or occupant’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 written contract or service 

agreement for the renovation. 

(3) Be written in the same language 

as 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 


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Environmental Protection Agency § 745.85 

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 other 

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 must be 

posted before beginning the renovation 

and must remain in place and 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 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 area 

while the renovation is being performed. In addition, the firm 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 

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 opening 

in 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, 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 sufficient distance to 

contain the dust, whichever is greater. 

(E) Use precautions to ensure that all 

personnel, 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 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 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 remove 

lead-based paint through high speed operation such as sanding, grinding, 

power planing, needle gun, abrasive 

blasting, or sandblasting, is prohibited 


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§ 745.85 40 CFR Ch. I (7–1–09 Edition) 

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 removed 

from 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 work 

day and at the conclusion of the renovation, waste that has been collected 

from 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 debris. 

(iii) When the firm transports waste 

from renovation activities, the firm 

must 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 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 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, these 

conditions 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 verification 

card, the windowsill has been adequately cleaned. 

(2) If the cloth does not match and is 

darker than the cleaning verification 

card, 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 verification 

card, wait for 1 hour or until the surface has dried completely, whichever is 

longer. 

(4)After waiting for the windowsill to 

dry, 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. Floors 

must be wiped using an application device with a long handle and a head to 


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Environmental Protection Agency § 745.86 

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 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 visual inspection must be performed. When the 

area 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 perform 

dust 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) or 

any applicable State, Territorial, Tribal, or local standard. 

(d) Activities conducted after post-renovation cleaning verification. Activities 

that 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 this 

subpart for a period of 3 years following completion of the renovation. 

This 3–year retention requirement does 

not supersede longer obligations required by other provisions for retaining 

the same documentation, including any 

applicable State or Tribal laws or regulations. 

(b) Records that must be retained 

pursuant 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). 


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§ 745.86 40 CFR Ch. I (7–1–09 Edition) 

(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 activities 

performed 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 statements 

received 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’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 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 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 the 

same language as the text of the renovation contract, if any. 

(7) Documentation of compliance 

with 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 on 

the project, that the certified renovator performed or directed workers 

who 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 the 

certified 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 feet 

beyond 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 other 

disposable impermeable material anchored to the building 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, 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 it 

dirty 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). 


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Environmental Protection Agency § 745.88 

(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 of 

the completion of the renovation, provide identifying information as to the 

manufacturer and model of the test 

kits used, a description 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 §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. 

[73 FR 21761, Apr. 22, 2008] 

§ 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 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 to 

meet the negative response criteria described in paragraph (c)(1) of this section. This recognition will last until 

EPA publicizes its recognition of the 

first 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 Technology 

Verification 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 sufficient 

number 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 tested 

through the Environmental Technology Verification Program or other 

equivalent 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 response 

criteria 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 kits 

must 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 them 

with the report, and post the information on EPA’s website. 

(6) If the report demonstrates that 

the 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/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative response less 

than or equal to 5% of the time. 


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§ 745.89 40 CFR Ch. I (7–1–09 Edition) 

(2) Positive response criteria. For paint 

containing lead below the regulated 

level, 1.0 mg/cm2 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 to 

maintain 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. EPA 

certification allows the firm 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. 

(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 the 

requested 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 employees 

demonstrates an unwillingness or inability to maintain compliance with 

environmental statutes or regulations. 

EPA will send the firm a letter giving 

the 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 its 

certification, a firm must be re-certified by EPA every 5 years. 

(1) Timely and complete application. To 

be re-certified, a firm must submit a 

complete application for re-certification. A complete application for recertification includes a completed 

‘‘Application for Firms’’ which contains all of the information requested 

by 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 current 

certification 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 to 

approve or disapprove the re-certification application, whichever is later. 

(ii) If the firm submits a complete recertification application less than 90 

days 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 to 

conduct 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 


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Environmental Protection Agency § 745.90 

re-certification, 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 determines that it is timely and complete and that the environmental compliance history of the firm, 

its principals, or its key employees 

does 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 issue 

the 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, its 

principals, or its key employees demonstrates an unwillingness or inability 

to maintain compliance with environmental statutes or regulations. EPA 

will send the firm a letter giving the 

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 

application and paying the correct 

amount of fees. 

(c) Amendment of certification. A firm 

must amend its 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 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 of 

fees, EPA will request the firm to submit the necessary information or fees. 

The firm’s certification is not amended 

until 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 been 

trained 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 and 

dust 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 dust 

sampling 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 


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§ 745.91 40 CFR Ch. I (7–1–09 Edition) 

program that is authorized under subpart Q of this part. 

(2) Individuals who have successfully 

completed an accredited abatement 

worker or supervisor course, or individuals who have successfully completed 

an 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 of 

the initial training to become a certified dust sampling technician. 

(4) To maintain renovator certification or dust sampling technician certification, an individual must complete 

a 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 5 

years 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 within this time, the individual must re-take the initial 

course to become certified again. 

(b) Renovator responsibilities. Certified 

renovators are responsible for ensuring 

compliance 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 being 

performed by other individuals to ensure that the work practices are being 

followed, 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-site 

or 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 work 

site 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 work 

site 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 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 § 745.85. 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 statutes or regulations. 

(2) Grounds for suspending, revoking, or 

modifying a firm’s certification. EPA may 


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Environmental Protection Agency § 745.91 

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 Federal 

lead-based paint statutes 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 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 for 

requesting 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 of 

the suspension, revocation, or modification. 

(4) If EPA determines that the public 

health, interest, or welfare warrants 

immediate 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 suspend 

the entity’s certification before an opportunity for a hearing. 

(ii) Notify the affected entity of its 

right 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 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 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 certification 

has 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 has 

been revoked must reapply for certification after the revocation ends in 


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§ 745.92 40 CFR Ch. I (7–1–09 Edition) 

order to become certified 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 do anything to re-activate its 

certification. 

[73 FR 21765, Apr. 22, 2008] 

§ 745.92 Fees for the accreditation of 

renovation 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 recognized 

Indian 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 portions 

of 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 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 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 procedures 

specified 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 Hazards 

Upon 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 or 

lease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or 

lessee the presence of any known leadbased paint and/or lead-based paint 

hazards; provide available records and 

reports; provide the purchaser or lessee 


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Environmental Protection Agency § 745.103 

with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or 

inspection; and attach specific disclosure and warning language to the sales 

or 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 Federal 

certification 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 any 

existing State or tribal inspector certification program. The lessor has the 

option 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 or 

less, 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 renegotiation 

of 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 the 

seller or lessor, for the purpose of selling or leasing target housing. This 

term does not apply to purchasers or 

any 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 all 

residents/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 or 

occupied, 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 of 

housing reserved for households composed of one or more persons 62 years 

of 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 


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§ 745.103 40 CFR Ch. I (7–1–09 Edition) 

(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 to 

be free of 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 hazard means any 

condition that causes exposure to lead 

from 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 but 

not limited to individuals, partnerships, corporations, trusts, government 

agencies, housing agencies, Indian 

tribes, and nonprofit organizations. 

Lessor means any entity that offers 

target 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, 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. 

Purchaser means an entity that enters into an agreement to purchase an 

interest in target housing, including 

but 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 report 

the 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 in 

a cooperatively owned project, in return for consideration; and 

(2) An entity that transfers its interest in a leasehold, in jurisdictions or 

circumstances where it is legally permissible to separate the fee title from 

the title to the improvement, in return 

for consideration. 

Target housing means any housing 

constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less 

than 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 


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Environmental Protection Agency § 745.113 

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 be 

completed 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 on 

the seller or lessor to conduct any evaluation or reduction activities. 

(1) The seller or lessor shall provide 

the 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 seller 

or 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 any 

known 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 the 

known 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 includes 

records or reports regarding other residential dwellings in multifamily target 

housing, 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 activities 

identified 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 disclosure 

activities 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 waive 

the 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 following 

elements, 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 


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§ 745.113 40 CFR Ch. I (7–1–09 Edition) 

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 the 

buyer 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 seller 

shall also provide any additional information available concerning the 

known 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 target 

housing 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 duty 

to 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 pregnant 

women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based 

paint and/or lead-based paint hazards in the 

dwelling. 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 lessor 

shall also disclose any additional information available concerning the 

known 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: 


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Environmental Protection Agency § 745.118 

(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 duty 

to 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, shall 

retain 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 or 

lease 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 limitations 

on civil suits under the Act, or to otherwise affect a lessee’s or purchaser’s 

rights 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 a 

purchaser’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 necessary 

certification 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 this 

subpart 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 amount 

equal 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 may 

award court costs to the party commencing such action, together with 

reasonable attorney fees and any expert witness fees, if that party prevails. 

(e) Failure or refusal to comply with 

§745.107 (disclosure requirements for 

sellers 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) for 

each 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] 


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§ 745.119 40 CFR Ch. I (7–1–09 Edition) 

§ 745.119 Impact on State and local requirements. 

Nothing in this subpart shall relieve 

a seller, lessor, or agent from any responsibility for compliance with State 

or local laws, ordinances, codes, or regulations governing notice or disclosure 

of known lead-based paint or leadbased paint hazards. Neither HUD nor 

EPA assumes any responsibility for ensuring compliance with such State or 

local requirements. 

Subparts G–K [Reserved] 

Subpart L—Lead-Based Paint 

Activities 

SOURCE: 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-based 

paint 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 defined 

in 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 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 local 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 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 of 

painted 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 or 

to a residential dwelling or child-occupied facility that: 

(A) Shall result in the permanent 

elimination 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 paint 

hazards, conducted by firms or individuals certified in accordance with 


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Environmental Protection Agency § 745.223 

§745.226, unless such projects are covered by paragraph (4) of this definition; 

(iii) Projects resulting in the permanent elimination of lead-based paint 

hazards, conducted by firms or individuals who, through their company name 

or promotional literature, represent, 

advertise, or hold themselves out to be 

in 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 activities 

are 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 or 

elimination of lead-based paint hazards. Furthermore, abatement does not 

include interim controls, operations 

and maintenance activities, or other 

measures and activities designed to 

temporarily, but not permanently, reduce lead-based paint hazards. 

Accredited training program means a 

training program that has been accredited by EPA pursuant to §745.225 to 

provide training for individuals engaged in lead-based paint activities. 

Adequate quality control means a plan 

or 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 EPA 

pursuant 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 EPA 

pursuant 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 EPA 

pursuant to §745.226 to conduct risk assessments. A risk assessor also samples 

for the presence of lead in dust and soil 

for 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 and 

conduct 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 days 

within 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-occupied 

facilities 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 to 

all occupants. Such an area may include, but is not limited to, hallways, 

stairways, laundry and recreational 


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§ 745.223 40 CFR Ch. I (7–1–09 Edition) 

rooms, playgrounds, community centers, garages, and boundary fences. 

Component or building component 

means 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 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 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 and 

railing 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 by 

controlling 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 a 

training 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 written 

documentation identifying the proportion of course test questions devoted to 

each major topic in the course curriculum. 

Deteriorated paint means paint that is 

cracking, flaking, chipping, peeling, or 

otherwise 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 its 

visual 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 μg/dl (micrograms of 

lead per deciliter of whole blood) for a 

single venous test or of 15–19 μg/dl in 

two consecutive tests taken 3 to 4 

months apart. 

Encapsulant means a substance that 

forms a barrier between lead-based 

paint and the environment using a liquid-applied coating (with or without 

reinforcement 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 program 

manager 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 the 

work 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-surface 

investigation 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 training 

course 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 


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Environmental Protection Agency § 745.223 

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, including 

specialized 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, in 

the 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 lead 

from 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 risk 

assessment 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 the 

Federal 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 2 

square 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 barrier 

consisting of solid, relatively impermeable materials, such as pavement or 

concrete. Grass, mulch, and other landscaping materials are not considered 

permanent covering. 

Person means any natural or judicial 

person including any individual, corporation, partnership, or association; 

any Indian Tribe, State, or political 

subdivision thereof; any interstate 

body; and any department, agency, or 

instrumentality 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 as 

porches and stoops; or (2) a single family dwelling unit in a structure that 


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§ 745.225 40 CFR Ch. I (7–1–09 Edition) 

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. 

Risk assessment means (1) an on-site 

investigation to determine the existence, nature, severity, and location of 

lead-based paint hazards, and (2) the 

provision of a report by the individual 

or 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 the 

start date included in the original notification or the most recent start date 

provided 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 housing 

constructed 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 in 

any 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 or 

refresher courses pursuant 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. 

(3) A training program must not provide, offer, or claim to provide EPA-accredited lead-based paint activities 

courses 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, or 

claim to provide EPA-accredited renovator or dust sampling technician 

courses 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: 


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Environmental Protection Agency § 745.225 

(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 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 requirements. 

(iii) A statement signed by the training program manager certifying that 

the training program meets the requirements established in paragraph 

(c) of this section. If a training program uses EPA-recommended model 

training materials, or training materials approved by a State or Indian 

Tribe that has been authorized by EPA 

under 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 training 

materials 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 and 

procedures 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 this 

section, then EPA shall 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 sent 

to 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 a 

training 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 additional 

courses at any time as long as the program can demonstrate that it meets 

the requirements of this section. 

(4) A training program applying for 

accreditation 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 dust 

sampling 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 


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§ 745.225 40 CFR Ch. I (7–1–09 Edition) 

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 16 

hours of any EPA-accredited or EPAauthorized State or Tribal-accredited 

lead-specific training; and 

(iii) Demonstrated experience, education, or training in lead or asbestos 

abatement, 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 of 

all course material. The training manager may designate guest instructors 

as 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 that 

training 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, as 

evidence 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 ensure 

the 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 practices 

and 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 minimum 

curriculum 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 risk 

assessor 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 training 

hours, 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 minimum 

curriculum requirements for the renovator course are 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-renovation cleaning verification. 

(vii) The dust sampling technician 

course must last a minimum of 8 training hours, with a minimum of 2 hours 


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Environmental Protection Agency § 745.225 

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 the 

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

(i) The training manager is responsible for maintaining the validity and 

integrity of the hands-on skills assessment or profiency test to ensure that it 

accurately 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 ensure 

that 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 completion 

certificates, 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 sampling 

technician course completion certificates, a photograph of the individual. 

(9) The training manager shall develop and implement a quality control 

plan. The plan shall be used to maintain and improve the quality of the 

training program over time. 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 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 the 

knowledge 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 application 

for 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, or 

lead-based paint activities courses offered. The original notification must 

be received by EPA at least 7 business 

days 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 start 

date specified in the original notification, as follows: 

(A) For renovator, dust sampling 

technician, or lead-based paint activities courses beginning prior to the 

start date provided to EPA, an updated 

notification must be received by EPA 


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at least 7 business days before the new 

start date. 

(B) For renovator, dust sampling 

technician, or lead-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. 

(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 the 

original 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 following 

methods: Written notification, or electronically using the Agency’s Central 

Data Exchange (CDX). Written notification of renovator, dust sampling 

technician, 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 similar 

form 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, or 

hand 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 in 

the original notification unless an updated notification identifying a new 

start date or location is submitted, in 

which case the course must begin on 

the 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 following 

methods: Written notification, or electronically using the Agency’s Central 

Data 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 


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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, or 

hand 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. 

(d) Minimum training curriculum requirements. To become accredited to 

offer lead-based paint courses instruction in the specific disciplines listed 

below, training programs must ensure 

that their courses of study include, at 

a 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 rooms 

and 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 reduction 

methods, 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. 


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(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 reduction 

methods, 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 program 

must meet the following minimum requirements: 

(1) Each refresher course shall review 

the curriculum topics of the full-length 

courses listed under paragraph (d) of 

this 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 paint 

in 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 dust 

sampling 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 the 

approval procedure described in paragraph (b) of this section. In addition, 

the minimum requirements contained 

in paragraphs (c) (except for the requirements in paragraph (c)(6)), and 


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Environmental Protection Agency § 745.225 

(e)(1), (e)(2) and (e)(3) of this section 

shall also apply. 

(5) A training program seeking accreditation to offer refresher training 

courses 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 training 

materials, 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 and 

procedures 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 more 

than 180 days after receiving a complete application from the refresher 

training 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 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 refresher training program under paragraph (i) of this section. If a refresher 

training 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, the 

training program shall be re-accredited. 

(2) A training program seeking re-accreditation shall submit an application 

to EPA no later than 180 days before its 

accreditation 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 or 

course 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 requirements 

in 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. 


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(v) A payment of appropriate fees in 

accordance with §745.238. 

(4) Upon request, the training program shall allow EPA to audit the 

training 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 a 

training 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 which 

EPA relied upon in approving the application. 

(2) 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 statutes or regulations. 

(h) Procedures for suspension, revocation or modification of training program 

accreditation. (1) Prior to taking action 

to suspend, revoke, or modify the accreditation of a training program, EPA 

shall notify the affected entity in writing of the following: 

(i) The legal and factual basis for the 

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 accreditation in the future. 

(iv) The opportunity and method for 

requesting a hearing prior to final EPA 

action 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 as 

Presiding 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 warrants 

immediate 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 reasons 

listed in paragraph (g)(1) of this section. If a suspension, revocation, or 

modification notice has not previously 

been issued pursuant to paragraph 


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(g)(1) of this section, it shall be issued 

at 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 to 

suspend 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 its 

right 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 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 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 in 

paragraphs (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 accreditation 

application (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 its 

training 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 application 

demonstrating 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 to 

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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 performing 

the 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 as 

an 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 remediation 

work, or construction), or an Associates degree and 2 years experience in a 

related field (e.g., lead, asbestos, environmental remediation work, or construction); or 

(3) Certification as an industrial hygienist, professional engineer, registered architect and/or certification in 

a 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 a 

related field (e.g., lead, asbestos, or environmental remediation work) or in 

the building trades. 

(2) The following documents shall be 

recognized 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, as 

evidence 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/she 

meets the appropriate training, education, and/or experience prerequisites 

described in paragraph (b)(1) of this 

section, an individual shall be issued a 

certificate by EPA. To maintain certification, an individual must be recertified as described in paragraph (e) 

of this section. 


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Environmental Protection Agency § 745.226 

(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 EPA 

as 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 be 

recognized 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, as 

evidence 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 more 

than 6 months from the date of completion. 

(4) After successfully completing the 

appropriate 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 as 

described 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 procedures 

contained in this paragraph. Individuals who have received lead-based 

paint activities training at an EPA-authorized State or Tribal accredited 

training program shall also be eligible 

for 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 March 

1, 2000, to apply to EPA for certification under the above procedures. 


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§ 745.226 40 CFR Ch. I (7–1–09 Edition) 

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 and 

be 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 individual 

completed 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 any 

of 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 that 

the 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 §745.227 

for conducting lead-based paint activities. 

(3) From the date of receiving the 

firm’s letter requesting certification, 

EPA shall have 90 days to approve or 

disapprove the firm’s request for certification. Within that time, EPA shall 

respond 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-based 

paint activities pursuant to this section on or after March 1, 1999. 

(6) Firms applying for certification 

must submit the appropriate fees in accordance with §745.238. 

(7) To maintain certification a firm 

shall 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 program 

through misrepresentation of admission requirements. 

(iii) Obtained certification through 

misrepresentation 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 administrative 

or 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. 


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Environmental Protection Agency § 745.226 

(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 administrative 

or 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 the 

suspension, 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 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 as 

Presiding 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 warrants 

immediate 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 it 

is 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 its 

right 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, 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 the 

Presiding Officer may exclude the public to the extent necessary to allow 

presentation of information which may 

be entitled to confidential treatment 


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§ 745.227 40 CFR Ch. I (7–1–09 Edition) 

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 for 

conducting 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 be 

performed pursuant to the work practice standards contained in this section. 

(2) When performing any lead-based 

paint 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 are 

found 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, and 

Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols 

for 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 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 or risk 

assessor determines to have been replaced after 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. 

(3) Paint shall be sampled in the following manner: (i) The analysis of 

paint to determine the presence of lead 

shall be conducted using documented 

methodologies which incorporate adequate quality control procedures; and/ 

or 

(ii) All collected paint chip 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) 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. 


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Environmental Protection Agency § 745.227 

(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 a 

person 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, two 

composite dust samples shall be collected, one from the floors and the 

other 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 documented 

methodologies which incorporate adequate quality control procedures; and/ 

or 

(ii) All collected paint chip 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. 

(5) The risk assessor shall prepare a 

lead hazard screen report, which shall 

include the following information: 

(i) The information required in a risk 

assessment 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 or 

child-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 are 

determined, 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. 


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§ 745.227 40 CFR Ch. I (7–1–09 Edition) 

(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 all 

living 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 samples 

required in paragraph (d)(4) of this section 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 locations: 

(i) Common areas adjacent to the 

sampled 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-surface 

samples) 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 sampling 

or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures. 

(10) Any collected paint chip, dust, or 

soil 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 employing 

each certified risk assessor if applicable. 

(viii) Name, address, and telephone 

number of each recognized laboratory 

conducting 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 hazard 

determination, 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 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 encapsulant or 

enclosure. 


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Environmental Protection Agency § 745.227 

(e) Abatement. (1) An abatement shall 

be conducted only by an individual certified by EPA, and if conducted, shall 

be 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 when 

abatement 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 the 

certified firm employing that supervisor shall ensure that all abatement 

activities are conducted according to 

the requirements of this section and all 

other Federal, State and local requirements. 

(4) A certified firm must notify EPA 

of 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-based 

paint 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 paint 

abatement 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 the 

start 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 start 

date 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 start 

date 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. 


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§ 745.227 40 CFR Ch. I (7–1–09 Edition) 

(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 following 

methods: Written notification, or electronically using the Agency’s Central 

Data 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 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. 

(viii) Lead-based paint abatement activities shall not begin on a date, or at 

a location other than that specified in 

either 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 to 

notifying EPA of such activities according to the requirements of this 

paragraph. 

(5) A written occupant protection 

plan 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 building 

occupants 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 Particulate 

Air (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 not 

be used as top soil at another residential property or child-occupied facility. 

(ii) If soil is not removed, the soil 

shall be permanently covered, as defined in §745.223. 

(8) The following post-abatement 

clearance procedures shall be performed only by a certified inspector or 

risk assessor: 

(i) Following an abatement, a visual 

inspection shall be performed to determine if deteriorated painted surfaces 

and/or visible amounts of dust, debris 

or 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. 


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Environmental Protection Agency § 745.227 

(ii) Following the visual inspection 

and any post-abatement cleanup required by paragraph (e)(8)(i) of this section, clearance sampling for lead in 

dust shall be conducted. Clearance 

sampling may be conducted by employing single-surface sampling or composite sampling techniques. 

(iii) Dust samples for clearance purposes shall be taken using documented 

methodologies that incorporate adequate quality control procedures. 

(iv) Dust samples for clearance purposes shall be taken a minimum of 1 

hour after completion of final 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 stairwells 

in 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 within 

the 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 to 

the 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 residual 

lead 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 each 

composite 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 a 

single surface dust sample equals or exceeds the applicable clearance level or 

if the residual lead level in a composite 

dust sample equals or exceeds the applicable clearance level divided by half 

the 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 μg/ft2 for floors, 250 μg/ft2 for 

interior window sills, and 400 μg/ft2 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 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 

sampled population exceed the appropriate clearance levels. 

(iii) The randomly selected residential dwellings shall be sampled and 

evaluated for clearance according to 


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§ 745.227 40 CFR Ch. I (7–1–09 Edition) 

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 report 

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 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 particular 

abatement 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 in 

paragraphs (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 and 

found 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 equal 

to 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 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; and 

(iv) If there is any other deteriorated 

lead-based paint in any residential 

building or child-occupied facility or 

on 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 loading 

for all single surface or composite samples of floors and interior window sills 

are equal to or greater than 40 μg/ft2 for 

floors and 250 μg/ft2 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. 


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Environmental Protection Agency § 745.238 

(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 concentration 

from 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 plans 

required 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 commercial 

buildings, bridges and superstructures. [Reserved] 

§ 745.229 Certification of individuals 

and firms 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. 

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 individual 

or 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 required 

by §§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 have 

committed 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 certification 

from 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 section 

16 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 and 

certification of lead-based paint activities. 

(a) Purpose. To establish and impose 

fees for certified individuals and firms 

engaged in lead-based paint activities 

and 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 one 

or 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 


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§ 745.238 40 CFR Ch. I (7–1–09 Edition) 

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, see 

40 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 EPA 

may 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. For 

purposes of this multi-jurisdiction registration fee, an EPA-administered jurisdiction is either an individual state 

without an authorized program or all 

Indian 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 


cprice-sewell on DSKDVH8Z91PROD with CFR
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Environmental Protection Agency § 745.320 

§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 in 

one or more EPA-administered jurisdiction. Submit a completed application 

(titled ‘‘Accreditation Application for 

Training 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 certificate 

replacement 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 with 

the 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 the 

accreditation 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 the 

fees to reflect changed economic conditions. 

(2) The fees will be evaluated based 

on the cost to administer and enforce 

the program, and the number of applicants. New fee schedules will be published in the FEDERAL REGISTER. 

(g) Failure to remit a fee. (1) EPA will 

not provide certification, re-certification, accreditation, or re-accreditation for any individual, firm, or training program which does not remit fees 

described in paragraph (c) of this section in accordance with the procedures 

specified in paragraph (d) of this section. 

(2) EPA will not replace identification cards or certificates for any individual, firm, or training program which 

does not remit fees described in paragraph (c) of this section in accordance 

with 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 not 

have 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 certification 

without 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 

SOURCE: 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 


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§ 745.323 40 CFR Ch. I (7–1–09 Edition) 

follow in approving, revising, and withdrawing approval of State or Tribal 

programs. 

(b) For State or Tribal lead-based 

paint 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 of 

this 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 applying 

for program authorization may seek either interim approval or final approval 

of the compliance and enforcement 

portion 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 comply 

with 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 obtain 

full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor Indian 

Tribe 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 to 

this subpart. In addition, the definitions in §745.223 and the following definitions apply: 

Indian Country means (1) all land 

within 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 running 

throughout the reservation; (2) all dependent Indian communities within the 

borders of the United States whether 

within 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 recognized 

by 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 part 

must 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. 


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Environmental Protection Agency § 745.324 

(4) After submitting an application, 

the Agency will publish a FEDERAL

REGISTER notice that contains an announcement of the receipt of the State 

or Tribal application, the summary of 

the program as provided by the State 

or 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 45 

days. 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 hearing 

in 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 subpart 

must 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 for 

administering and enforcing the program, the name of the official in that 

agency 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 State 

or Indian Tribe must designate a primary agency to oversee and coordinate 

administration and enforcement of the 

program and serve as the primary contact with EPA. 

(iii) In the event that more than one 

agency 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 agency 

to 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 that 

demonstrates 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 Indian 

Tribe’s assessment, at least as protective as the elements in the Federal program at subpart E or subpart L of this 

part, or both. EPA will use this analysis to evaluate the protectiveness of 

the State or Tribal program in making 

its determination pursuant to paragraph (e)(2)(i) of this section. 

(3) To demonstrate that the State or 

Tribal program provides adequate enforcement, fulfilling the criteria in 

paragraph (e)(2)(ii) of this section, the 

State or Tribal application must include a description of the State or 

Tribal lead-based paint compliance and 

enforcement program that demonstrates that the program contains 

all of the elements specified at §745.327. 

This description shall include copies of 

all 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. 


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§ 745.324 40 CFR Ch. I (7–1–09 Edition) 

(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, the 

Indian 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 a 

written 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 shall 

include 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 and 

signed by an independent attorney retained by the Indian Tribe for representation in matters before EPA or the 

courts pertaining to the Indian Tribe’s 

program. The certification shall include an assertion that the attorney 

has 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. The 

applicant 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, a 

State may also certify to the Administrator that the State program meets 

the 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 jurisdiction 

is asserted over Indian Country, including non-member fee lands within an Indian reservation. 

(3) If the application does not contain 

such certification, the State program 

will 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 or 

the 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 Federal 

program, 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 comment 

and 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 does 

not have an authorized program to administer and enforce subpart L of this 

part in effect by August 31, 1998, the 

Administrator shall, by such date, establish and enforce the provisions of 

subpart L of this part as the Federal 

program for that State or Indian Country. 


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Environmental Protection Agency § 745.324 

(2) If a State or Indian Tribe does not 

have an authorized program to administer and enforce the pre-renovation 

education requirements of subpart E of 

this 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 enforce 

the 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 Federal 

program 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 or 

Indian Tribe’s implementation and enforcement of its authorized programs. 

(h) Reports. Beginning 12 months 

after 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 these 

reports demonstrate successful program implementation, the Agency will 

automatically 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 the 

reports 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 the 

lead-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 Indian 

Tribe 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 Indian 

Tribe 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 that 

EPA 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 either 

in 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 facts 

bearing 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 exist 

that warrant withdrawal, an agreement to correct the deficiencies shall 

be 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. 


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§ 745.325 40 CFR Ch. I (7–1–09 Edition) 

(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 a 

State or Indian Tribe is not in compliance with the Federal program, the 

Agency 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 Federal 

program 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 the 

following 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-based 

paint activities be conducted by appropriately certified contractors. 

(5) Development of the appropriate 

infrastructure or government capacity 

to 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 the 

purposes 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 or 

experience 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, and 

safely. At a minimum the State’s or Indian Tribe’s work practice standards 

for conducting inspections, risk assessments, and abatements must contain 

the requirements specified in paragraphs (d)(1), (d)(2), and (d)(3) of this 

section. 

(1) The work practice standards for 

the 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 


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Environmental Protection Agency § 745.326 

of a residential dwelling or child-occupied facility. 

(iii) Inspections are conducted in a 

way that uses documented methodologies that incorporate adequate quality 

control procedures. 

(iv) A report is developed that clearly 

documents 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 conducted 

only 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 visual 

inspection, 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 soil 

that 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 by 

comparing the results of visual inspection and environmental sampling to 

the 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 be 

adopted 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 are 

conducted 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-occupied 

facility 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, that 

are at least as protective as the standards in §745.227 as amended on February 5, 2001. A State or Indian Tribe 

with 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 this 

demonstration by amending its application or in its first report submitted 

pursuant 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 


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§ 745.326 40 CFR Ch. I (7–1–09 Edition) 

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 and 

dust 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 and 

child-occupied facilities prior to renovation activities. 

(3) Require that the information to 

be 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 State 

or 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, must 

demonstrate 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 on 

or 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 or 

Tribal 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 for 

the 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 requirements 

for the acceptance of renovation training offered by training providers accredited by EPA or a State or Tribal 

program authorized by EPA under this 

subpart. 


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Environmental Protection Agency § 745.327 

(d) Certification of renovators. 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 are 

trained 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 or 

Tribal 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-based 

paint program can apply for and receive either interim or final approval 

of the compliance and enforcement 

program portion of its lead-based paint 

program. 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 for 

the 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 the 

State or Indian Tribe, during the interim approval period, shall carry out a 

level of compliance monitoring and enforcement necessary to ensure that the 

State or Indian Tribe addresses any 

significant 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-based 

paint program. A statement of resources must be included in the State 

or 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 of 

lead-based paint compliance and enforcement activities as described at 

paragraph (d) of this section. 

(ii) Any interim approval granted by 

EPA 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 of 

the compliance and enforcement program portion of a State or Tribal leadbased paint program. Final approval 

shall be given to any State or Indian 

Tribe 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, the 

Administrator shall, by such date, initiate the process to withdraw the State 


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§ 745.327 40 CFR Ch. I (7–1–09 Edition) 

or Indian Tribe’s authorization pursuant to §745.324(i). 

(2) Final approval. Final approval of 

the 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, for 

States or Indian Tribes which previously received interim approval as 

described in paragraph (a)(1) of this 

section, through a separate application 

addressing 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), a 

State 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-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. 

(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 program 

to be considered adequate for final approval through a separate application 

addressing only the compliance and enforcement program portion of a State 

or Tribal lead-based paint program, a 

State 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 and 

enforce 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 part 

of the required elements for the compliance and enforcement portion of a 

State or Tribal lead-based paint program. 

(1) Lead-based paint activities and requirements. State or Tribal lead-based 

paint 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. 


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Environmental Protection Agency § 745.327 

(ii) For the purposes of enforcing a 

renovation program, State or Tribal officials must be able to enter a firm’s 

place of business or work site. 

(iii) State or Tribal officials must 

have authority to take samples and review records as part of the lead-based 

paint activities inspection process. 

(3) Flexible remedies. A State or Tribal 

lead-based paint compliance and enforcement program must provide for a 

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

remedies that must be reflected in an 

enforcement response policy must include 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 devoted 

by the State or Indian Tribe to the administration of the State or Tribal 

lead-based paint compliance and enforcement program. This statement 

must 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 personnel 

must understand case development procedures and the maintenance of proper 

case files. Inspectors must successfully 

demonstrate 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 have 

compliance monitoring and enforcement responsibilities. Inspectors must 

also be trained in violation discovery, 

methods of obtaining consent, evidence 

gathering, preservation of evidence and 

chain-of-custody, and sampling procedures. A State or Tribal lead-based 

paint compliance and enforcement program must also implement a process 

for 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 public 

and 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 a 

lead-based paint compliance and enforcement program. The State or Tribal program must have access to the facilities and equipment necessary to 

perform sampling and laboratory analysis as needed. This laboratory facility 

must be a recognized laboratory as defined at §745.223, or the State or Tribal 

program 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. A 

State 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 and 

enforcement program must demonstrate the ability to target inspections to ensure compliance with the 


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§ 745.339 40 CFR Ch. I (7–1–09 Edition) 

lead-based paint program requirements. Such targeting must include a 

method for obtaining and using notifications of commencement of abatement activities. 

(6) Follow up to inspection reports. A 

State 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 of 

violations 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-based 

paint 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. Such 

a compliance monitoring and enforcement program must ensure correction 

of violations, and encompass either 

planned and/or responsive lead-based 

paint compliance inspections and development/issuance of State or Tribal 

enforcement responses which are appropriate to the violations. 

(d) Summary on Progress and Performance. The Summary on Progress and 

Performance described below is part of 

the required elements for the compliance and enforcement program portion 

of a State or Tribal lead-based paint 

program. A State or Tribal lead-based 

paint compliance and enforcement program must submit to the appropriate 

EPA Regional Administrator a report 

which summarizes the results of implementing the State or Tribal lead-based 

paint 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 of 

training 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 be 

submitted according to the requirements at §745.324(h). 

(e) Memorandum of Agreement. An Indian Tribe that obtains program approval must establish a Memorandum 

of Agreement with the Regional Administrator. The Memorandum of 

Agreement shall be executed by the Indian Tribe’s counterpart to the State 

Director (e.g., the Director of Tribal 

Environmental Office, Program or 

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

timely and appropriate referral to the 

Regional Administrator for those 

criminal enforcement matters where 

that Indian Tribe does not have the authority (e.g., those addressing criminal 

violations by non-Indians or violations 

meriting penalties over $5,000). The 

Agreement must also identify any enforcement agreements that may exist 

between the 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 authorization 

to 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] 


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APPENDIX 7 

UTAH ADMINISTRATIVE PROCEDURES ACT 

63G-4, UTAH CODE ANNOTATED
Title 63G – Chapter 4

Administrative Procedures Act

63G-4-101. Title. 

This chapter is known as the "Administrative Procedures Act." 

63G-4-102. Scope and applicability of chapter. 

(1) Except as set forth in Subsection (2), and except 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 govern: 

(a) state agency action that determines the legal rights, duties, privileges, immunities, or other 

legal interests of an identifiable person, including agency action to grant, deny, revoke, suspend, 

modify, annul, withdraw, or amend an authority, right, or license; and 

(b) judicial review of the action. 

(2) This chapter does not govern: 

(a) the procedure for making agency rules, or judicial review of the procedure or rules; 

(b) the issuance of a notice of a deficiency in the 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 agency action commenced by a taxpayer or by 

another person authorized by law to contest the validity or correctness of the action; 

(c) state agency action relating to extradition, to 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, resolution 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 probation or parole, or judicial review of the 

action; 

(d) state agency action to evaluate, discipline, employ, 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 personnel 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, Architects Licensing Act, Chapter 11a, 

Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act, Chapter 

17b, Pharmacy Practice Act, Chapter 22, Professional Engineers and Professional Land Surveyors 

Licensing Act, Chapter 53, Landscape Architects Licensing Act, Chapter 55, Utah Construction 

Trades Licensing Act, Chapter 63, Security Personnel Licensing Act, and Chapter 76, 

Professional Geologist Licensing Act, except that this chapter governs an agency action 

commenced by the employer, licensee, or other person 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 contracts for the purchase or sale of products, real 

property, supplies, goods, or services by or for the 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, Possession of Depository Institution by 

Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding 

Companies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or judicial review of 

the action; 

(i) the initial determination of a person's eligibility for unemployment benefits, the initial 

determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers' 

Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial 

determination of a person's unemployment tax liability; 

(j) state agency action relating to the distribution or award of a monetary grant to or between 

governmental units, or for research, development, or 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, Air Conservation Act, Title 19, Chapter 3, 

Radiation Control Act, Title 19, Chapter 4, Safe Drinking 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 Switch Removal Act, except that this chapter 

governs an agency action commenced by a person authorized 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 eligibility for government or public assistance benefits;

(n) state agency action relating to wildlife licenses, permits, tags, and certificates of registration; 

(o) a license for use of state recreational facilities; 

(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 installation, 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 order under Section 73-2-25; 

(t) (i) a hearing conducted by the Division of Securities 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); and 

(u) state agency action relating to water well driller licenses, water well drilling permits, water 

well driller registration, or water well drilling construction standards, or judicial review of the 

action. 

(3) This chapter does not affect a legal remedy otherwise available to: 

(a) compel an agency to take action; or 

(b) challenge an agency's rule. 

(4) This chapter does not preclude an agency, prior to the beginning of an adjudicative 

proceeding, or the presiding officer during an adjudicative proceeding from: 
(a) requesting or ordering a conference with parties 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 summary judgment if the requirements of Rule 

12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party, except to the 

extent that the requirements of those rules are modified by this chapter. 

(5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by this 

chapter, except as explicitly provided in that section. 

(b) Judicial review of a declaratory proceeding authorized 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 Administrative Rulemaking Act, and if the rule 

conforms to the requirements of this chapter. 

(7) (a) If the attorney general issues a written determination 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 that agency shall be suspended to the extent 

necessary to prevent the denial. 

(b) The attorney general shall report the suspension 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 action 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 governor, 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 individuals in whom the ultimate legal 

authority of the agency is vested by statute. 

(d) "Declaratory proceeding" means a proceeding authorized and governed by Section 

63G-4-503. 

(e) "License" means a franchise, permit, certification, approval, registration, charter, or similar 

form of authorization required by statute. 

(f) "Party" means the agency or other person commencing an adjudicative proceeding, all 
respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all 

persons authorized by statute or agency rule to participate as parties in an adjudicative 

proceeding. 

(g) "Person" means an individual, group of individuals, partnership, corporation, association, 

political subdivision or its units, governmental subdivision 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 rules, 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 proceeding. 

(i) "Respondent" means a person against whom an adjudicative 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 responsibility for adjudicative proceedings before the 

agency. 

63G-4-104. Bases for certain recommendations and decisions limited. 

(1) Except as provided in Subsection (2), no agency may recommend or rule on the custody, 

placement, including foster placement, or other disposition alternative for a minor, or the 

termination of parental rights, based on the fact that a parent or guardian of the minor lawfully 

does one or more of the following: 

(a) legally possesses or uses a firearm or other weapon; 

(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 recommendation or ruling based on the compatibility of a 

minor with a particular custody, placement, or other 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 review, and judicial review contained in this 

chapter are applicable to all agency adjudicative proceedings commenced by or before an agency 

on or after January 1, 1988. 

(2) Statutes and rules governing agency action, agency review, and judicial review that are in 

effect on December 31, 1987, govern all agency adjudicative proceedings commenced by or 

before an agency on or before December 31, 1987, even 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 are commenced by persons other than the agency. 

(2) A notice of agency action shall be filed and served according to the following requirements: 

(a) The notice of agency action shall be in writing, 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 of any attorney or employee who has been 

designated to appear for the agency; 

(ii) the agency's file number or other reference number; 

(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 proceeding 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 formal, 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 formal, or if a hearing is required by statute or rule, a 

statement of the time and place of any scheduled hearing, 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 informal and a hearing is required by statute or rule,

or if a hearing is permitted by rule and may be requested by a party within the time prescribed by 

rule, a statement that the parties may request a hearing within the time provided by the agency's 

rules; 

(ix) a statement of the legal authority and jurisdiction under which the adjudicative proceeding is 

to be maintained; 

(x) the name, title, mailing address, and telephone number of the presiding officer; and 

(xi) a statement of the purpose of the adjudicative 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 required by statute; and 

(iii) mail the notice of agency action to any other person who has a right to notice under statute 

or rule. 

(3) (a) Where the law applicable to the agency permits 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 number, if known; 

(iii) the date that the request for agency action was mailed; 

(iv) a statement of the legal authority and jurisdiction under which agency action is requested; 

(v) a statement of the relief or action sought from 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 agency 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 the request is granted and that the adjudicative 

proceeding is completed; 

(ii) notify the requesting party in writing that the 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 proceedings are required to determine the agency's 

response to the request. 

(e) (i) Any notice required by Subsection (3)(d)(ii) shall contain the information required by 

Subsection 63G-4-203(1)(i) in addition to disclosure 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 published 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 reference number; 

(B) give the name of the proceeding; 

(C) designate whether the proceeding is one of a category to be conducted informally according 

to the provisions of rules enacted under Sections 63G-4-202 and 63G-4-203, with citation to the 

applicable rule authorizing that designation, or formally according to Sections 63G-4-204 through 

63G-4-209; 

(D) in the case of a formal adjudicative proceeding, 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 date 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 of any scheduled hearing, the purpose for which 

the hearing is to be held, and that a party who fails to attend or participate in a scheduled and 

noticed hearing may be held in default; 

(F) if the adjudicative proceeding is to be informal, and a hearing is required by statute or rule, or 

if a hearing is permitted by rule and may be requested 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 telephone 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 review must be filed with the agency within the 

time prescribed by the agency's rules. 
(5) For designated classes of adjudicative proceedings, 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 or order, an application for a package agency, 

license, permit, or certificate of approval filed under 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 that 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 violate any procedural requirement imposed by a 

statute other than this chapter; 

(b) in the view of the agency, the rights of the parties to the proceedings will be reasonably 

protected by the informal procedures; 

(c) in the view of the agency, the agency's administrative efficiency will be enhanced by 

categorizations; and 

(d) the cost of formal adjudicative proceedings outweighs the potential benefits to the public of a 

formal adjudicative proceeding. 

(2) Subject to the provisions of Subsection (3), all 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 adjudicative 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 more 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 requires a response, no answer or other pleading 

responsive to the allegations contained in the notice of agency action or the request for agency 

action need be filed. 

(b) The agency shall hold a hearing if a hearing is required by statute or rule, or if a hearing is 

permitted by rule and is requested by a party within the time prescribed by rule. 

(c) In any hearing, the parties named in the notice of agency action or in the request for agency 

action shall be permitted to testify, present evidence, 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 issue subpoenas or other orders to compel 

production of necessary evidence. 

(f) All parties shall have access to information contained in the agency's files and to all materials

and information gathered in any investigation, to the extent permitted by law. 

(g) Intervention is prohibited, except that the agency may enact rules permitting intervention 

where a federal statute or rule requires that a state 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 judicial review available to the parties; and 

(iv) the time limits for filing an appeal or requesting a review. 

(j) The presiding officer's order shall be based on 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 have 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 -- Responsive pleadings. 

(1) In all formal adjudicative proceedings, unless modified by rule according to Subsection 

63G-4-201(5), the respondent, if any, shall file and serve a written response signed by the 

respondent or the respondent's representative within 30 days of the mailing date or last date of 

publication of the notice of agency action or the notice under Subsection 63G-4-201(3)(d), which 

shall include: 

(a) the agency's file number or other reference number; 

(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 relief requested should be granted. 

(2) The respondent shall send a copy of the response 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 action, and the response. All documents permitted 

or required to be filed shall be filed with the agency and one copy shall be sent to each party. 

63G-4-205. Procedures for formal adjudicative proceedings -- Discovery and subpoenas. 

(1) In formal adjudicative proceedings, the agency may, by rule, prescribe means of discovery 

adequate to permit the parties to obtain all relevant information necessary to support their claims 

or defenses. If the agency does not enact rules under this section, the parties may conduct 
discovery according to the Utah Rules of Civil Procedure. 

(2) Subpoenas and other orders to secure the attendance of witnesses or the production of 

evidence in formal adjudicative proceedings shall be issued by the presiding officer when 

requested by any party, or may be issued by the presiding 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 -- Hearing 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 follows: 

(a) The presiding officer shall regulate the course of the hearing to obtain full disclosure of 

relevant facts and to afford all the parties reasonable 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, immaterial, or unduly repetitious; 

(ii) shall exclude evidence privileged in the courts 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 document; and 

(iv) may take official notice of any facts that could 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 parties the opportunity to present evidence, argue, 

respond, conduct cross-examination, and submit rebuttal evidence. 

(e) The presiding officer may give persons not a party to the adjudicative proceeding the 

opportunity to present oral or written statements at the hearing. 

(f) All testimony presented at the hearing, if offered 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 have a person approved by the agency prepare a 

transcript of the hearing, subject to any restrictions that the agency is permitted by statute to 

impose to protect confidential information disclosed at the hearing. 

(i) All hearings shall be open to all parties. 

(2) This section does not preclude the presiding officer from taking appropriate measures 

necessary to preserve the integrity of the hearing.

63G-4-207. Procedures for formal adjudicative proceedings -- Intervention. 

(1) Any person not a party may file a signed, written 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 number; 

(b) the name of the proceeding; 

(c) a statement of facts demonstrating that the petitioner's legal rights or interests are 
substantially affected by the formal adjudicative proceeding, 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 for intervention if the presiding officer determines

that: 

(a) the petitioner's legal interests may be substantially affected by the formal adjudicative 

proceeding; and 

(b) the interests of justice and the orderly and prompt conduct of the adjudicative proceedings 

will not be materially impaired by allowing the intervention. 

(3) (a) Any order granting or denying a petition to intervene shall be in writing and mailed to the 

petitioner and each party. 

(b) An order permitting intervention may impose conditions 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 conditions at any time after the intervention. 

63G-4-208. Procedures for formal adjudicative proceedings -- Orders. 

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 time required by any applicable statute or rule of 

the agency, the presiding officer shall sign and issue an order that includes: 

(a) a statement of the presiding officer's findings 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 conclusions of law; 

(c) a statement of the reasons for the presiding officer's decision; 

(d) a statement of any relief ordered by the agency; 

(e) a notice of the right to apply for reconsideration; 

(f) a notice of any right to administrative or judicial review of the order available to aggrieved 

parties; and 

(g) the time limits applicable to any reconsideration or review. 

(2) The presiding officer may use the presiding officer's experience, technical competence, and 

specialized knowledge to evaluate the evidence. 

(3) A finding of fact that was contested may not be based solely on hearsay evidence unless that 

evidence is admissible under the Utah Rules of Evidence. 

(4) This section does not preclude the presiding officer 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 conduct of the adjudicative proceeding. 

63G-4-209. Default. 

(1) The presiding officer may enter an order of default 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 fails to attend or participate in a properly 

scheduled hearing after receiving proper notice; or

(c) a respondent in a formal adjudicative proceeding 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 agency 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 subsequent 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 the 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 proceedings necessary to complete the 

adjudicative proceeding without the participation of the party in default and shall determine all 

issues in the adjudicative proceeding, including those affecting the defaulting party. 

(b) In an adjudicative proceeding that has no parties 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 agency, the aggrieved party may file a written 

request for review within 30 days after the issuance 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 requested; 

(iii) state the date upon which it was mailed; and

(iv) be mailed to the presiding officer and to each 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 party may file a response with the person 

designated by statute or rule to receive the response. 

(b) The party who files a response under Subsection (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 review 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 agency 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 to all parties. 

(6) (a) Within a reasonable time after the filing of any response, other filings, or oral argument, or 
within the time required by statute or applicable rules, the agency or superior agency shall issue a 

written order on review. 

(b) The order on review shall be signed by the agency 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 permitting or requiring review; 

(ii) a statement of the issues reviewed; 

(iii) findings of fact as to each of the issues reviewed; 

(iv) conclusions of law as to each of the issues reviewed; 

(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 adjudicative proceeding is to be remanded; 

(vii) a notice of any right of further administrative 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 order is issued for which review by the agency or by 

a superior agency under Section 63G-4-301 is unavailable, 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 relief is requested. 

(b) Unless otherwise provided by statute, the filing 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 for that purpose, shall issue a written order 

granting the request or denying the request. 

(b) If the agency head or the person designated for that purpose does not issue an order within 20 

days after the filing of the request, the request for reconsideration shall be considered to be 

denied. 

63G-4-401. Judicial review -- Exhaustion of administrative remedies. 

(1) A party aggrieved may obtain judicial review of final agency action, except in actions where 

judicial review is expressly prohibited by statute.

(2) A party may seek judicial review only after exhausting all administrative remedies available, 

except that: 

(a) a party seeking judicial review need not exhaust administrative remedies if this chapter or any 

other statute states that exhaustion is not required; 

(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 irreparable 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 agency 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 other appropriate parties as respondents and shall 

meet the form requirements specified in this chapter. 

63G-4-402. Judicial review -- Informal adjudicative proceedings. 

(1) (a) The district courts have jurisdiction to review by trial de novo all final agency actions 

resulting from informal adjudicative proceedings, except 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 made by the Division of Child and Family Services, 

after an evidentiary hearing. 

(b) Venue for judicial review of informal adjudicative 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 principal place of business. 

(2) (a) The petition for judicial review of informal adjudicative proceedings shall be a complaint 

governed by the Utah Rules of Civil Procedure and shall include: 

(i) the name and mailing address of the party seeking judicial review; 

(ii) the name and mailing address of the respondent agency; 

(iii) the title and date of the final agency action to be reviewed, together with a copy, summary, 

or brief description of the agency action; 

(iv) identification of the persons who were parties in the informal adjudicative proceedings that 

led to the agency action; 

(v) a copy of the written agency order from the informal proceeding; 

(vi) facts demonstrating that the party seeking judicial review is entitled to obtain judicial review; 

(vii) a request for relief, specifying the type and extent of relief requested; and 

(viii) a statement of the reasons why the petitioner is entitled to relief. 

(b) All additional pleadings and proceedings in the 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 proceedings under this section. 

63G-4-403. Judicial review -- Formal adjudicative proceedings.

(1) As provided by statute, the Supreme Court or the Court of Appeals has jurisdiction to review 

all final agency action resulting from formal adjudicative proceedings. 

(2) (a) To seek judicial review of final agency action resulting from formal adjudicative 

proceedings, the petitioner shall file a petition for review of agency action with the appropriate 

appellate court in the form required by the appellate rules of the appropriate appellate court. 

(b) The appellate rules of the appropriate appellate court shall govern all additional filings and 
proceedings in the appellate court. 

(3) The contents, transmittal, and filing of the agency's record for judicial review of formal 

adjudicative proceedings are governed by the Utah Rules of Appellate Procedure, except that: 

(a) all parties to the review proceedings may stipulate to shorten, summarize, or organize the 

record; 

(b) the appellate court may tax the cost of preparing transcripts and copies for the record: 

(i) against a party who unreasonably refuses to stipulate 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 determines 

that a person seeking judicial review has been substantially prejudiced by any of the following: 

(a) the agency action, or the statute or rule on which the agency action is based, is 

unconstitutional on its face or as applied; 

(b) the agency has acted beyond the jurisdiction conferred by any statute; 

(c) the agency has not decided all of the issues requiring resolution; 

(d) the agency has erroneously interpreted or applied the law; 

(e) the agency has engaged in an unlawful procedure or decision-making process, or has failed to 

follow prescribed procedure; 

(f) the persons taking the agency action were illegally constituted as a decision-making body or 

were subject to disqualification; 

(g) the agency action is based upon a determination of fact, made or implied by the agency, that 

is not supported by substantial evidence when viewed in light of the whole record before the 

court; 

(h) the agency action is: 

(i) an abuse of the discretion delegated to the agency by statute; 

(ii) contrary to a rule of the agency; 

(iii) contrary to the agency's prior practice, unless the agency justifies the inconsistency by giving 

facts and reasons that demonstrate a fair and rational 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 adjudicative proceedings by the district court or the 

review of formal adjudicative proceedings by an appellate court, the court may award damages or 

compensation only to the extent expressly authorized by statute. 

(b) In granting relief, the court may: 

(i) order agency action required by law; 

(ii) order the agency to exercise its discretion as required by law; 

(iii) set aside or modify agency action; 

(iv) enjoin or stay the effective date of agency action; or 

(v) remand the matter to the agency for further proceedings. 

(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 remedies pending final 
disposition. 

(1) Unless precluded by another statute, the agency may grant a stay of its order or other 

temporary remedy during the pendency of judicial review, according to the agency's rules. 

(2) Parties shall petition the agency for a stay or other temporary remedies unless extraordinary 

circumstances require immediate judicial intervention. 

(3) If the agency denies a stay or denies other temporary remedies requested by a party, the 

agency's order of denial shall be mailed to all parties 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 temporary 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 the stay; or 

(b) (i) the party seeking judicial review is likely 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 welfare relied upon by the agency is not sufficiently 

serious to justify the agency's action under the circumstances. 

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 agency's order must name, as defendants, each 

alleged violator against whom the agency seeks to obtain 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 grant, 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 impaired or threatened by the failure of an agency 

to enforce an agency's order may timely file a complaint 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 civil 

enforcement of the alleged violation to the agency head, the attorney general, and to each alleged 

violator against whom the petitioner seeks civil enforcement; 

(ii) if the agency has filed and is diligently prosecuting a complaint seeking civil enforcement of 

the same order against the same or a similarly situated defendant; or 

(iii) if a petition for judicial review of the same 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 agency that is vested with the power to enforce 
the order, and each alleged violator against whom the plaintiff seeks civil enforcement. 

(c) Except to the extent expressly authorized by statute, a complaint seeking civil enforcement of 

an agency's order may not request, and the court may not grant, any monetary payment apart from 

taxable costs. 

(3) In a proceeding for civil enforcement of an agency's order, in addition to any other defenses 

allowed by law, a defendant may defend on the ground 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 subsequently complied. 

(4) Decisions on complaints seeking civil enforcement 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 basis 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 agency. 

(2) In issuing its emergency order, the agency shall: 

(a) limit its order to require only the action necessary to prevent or avoid the danger to the public

health, safety, or welfare; 

(b) issue promptly a written order, effective immediately, that includes a brief statement of 

findings of fact, conclusions of law, and reasons for the agency's utilization of emergency 

adjudicative proceedings; and 

(c) give immediate notice to the persons who are required to comply with the order. 

(3) If the emergency order issued under this section will result in the continued infringement or 

impairment of any legal right or interest of any party, the agency shall commence a formal 

adjudicative proceeding in accordance with the other provisions of this chapter. 

63G-4-503. Declaratory orders. 

(1) Any person may file a request for agency action, 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 circumstances. 

(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 the agency will not issue a declaratory order; 

(d) are consistent with the public interest and with the general policy of this chapter; and 

(e) facilitate and encourage agency issuance of reliable advice. 

(3) (a) An agency may not issue a declaratory order if: 

(i) the request is one of a class of circumstances that the agency has by rule defined as being 
exempt from declaratory orders; or 

(ii) the person requesting the declaratory order participated in an adjudicative proceeding 

concerning the same issue within 12 months of the date of the present request. 

(b) An agency may issue a declaratory order that would 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 proceeding. 

(4) Persons may intervene in declaratory proceedings if: 

(a) they meet the requirements of Section 63G-4-207; and 

(b) they file timely petitions for intervention according 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 declaratory order, the agency may issue a written order: 

(i) declaring the applicability of the statute, rule, or order in question to the specified 

circumstances; 

(ii) setting the matter for adjudicative proceedings; 

(iii) agreeing to issue a declaratory order within a specified time; or 

(iv) declining to issue a declaratory order and stating 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; and 

(iii) the reasons for its conclusion. 

(c) A copy of all orders issued in response to a request for a declaratory proceeding shall be 

mailed promptly to the petitioner and any other parties. 

(d) A declaratory order has the same status and binding 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 receipt of the petition for a declaratory order, the 

petition is denied. 

63G-4-601. Electronic records and conversion of written records by governmental 

agencies. 

A governmental agency may make rules regarding electronic 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 ANNOTATED
Title 19

Environmental Quality Code

Chapter 1 

General Provisions 

19-1-101. Short title. 

This title is known as the "Environmental Quality Code." 

19-1-102. Purposes. 

The purpose of this title is to: 

(1) clarify the powers and duties of the Department of Environmental Quality in 

relationship to local health departments; 

(2) provide effective, coordinated management of state environmental concerns; 

(3) safeguard public health and quality of life by protecting and improving environmental 

quality while considering the benefits to public health, 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' environmental programs; 

(b) build consensus among the public, industry, and local governments in developing 

environmental protection goals; and 

(c) appropriately balance the need for environmental protection with the need for 

economic and industrial development. 

19-1-103. Definitions. 

As used in this title: 

(1) "Department" means the Department of Environmental Quality. 

(2) "Executive director" means the executive director 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, estate, company, corporation, partnership, 

association, state, state or federal agency or entity, 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 Department of Environmental Quality. 

The department shall be administered by an executive director. 

(2) The executive director shall be appointed by the governor with the consent of the 

Senate and shall serve at the pleasure of the governor. 

(3) The executive director shall have demonstrated the necessary administrative and 
professional ability through education and experience 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 Compensation. 

19-1-105. Divisions of department -- Control by division directors. 

(1) The following divisions are created within the department: 

(a) the Division of Air Quality, to administer Title 19, Chapter 2; 

(b) the Division of Drinking Water, to administer Title 19, Chapter 4; 

(c) the Division of Environmental Response and Remediation, 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 Title 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 necessary 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 science or engineering; 

(b) a related degree; or 

(c) a degree in law. 

(4) Each director may be removed at the will of the 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 Section 19-3-103; 

(c) the Drinking Water Board, appointed under Section 19-4-103; 

(d) the Water Quality Board, appointed under Section 19-5-103; and 

(e) the Solid and Hazardous Waste Control Board, appointed under Section 19-6-103. 

(2) The authority of the boards created in Subsection (1) is limited to the specific 

authority granted them under this title. 

19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of 

restricted account -- Sources of funds -- Uses of funds. 

(1) There is created the Environmental Quality Restricted Account. 

(2) The sources of monies for the restricted account are: 

(a) radioactive waste disposal fees collected under 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 Section 19-6-118.5; 

(d) nonhazardous solid waste disposal fees collected under Section 19-6-119; and 

(e) all investment income derived from money in the restricted account created in this 

section. 

(3) In each fiscal year, the first $400,000 collected 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 account created in this section. 

(4) The Legislature may annually appropriate monies 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 to $400,000, for purposes set forth in 

Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act. 

(5) In order to stabilize funding for the radiation control program and the solid and 

hazardous waste program, the Legislature shall in years of excess revenues reserve in the 

restricted account sufficient monies to meet departmental 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 recent prior fiscal year. 

(7) The Legislature may annually appropriate not more than $200,000 from this account 

to the Department of Public Safety, created in Section 53-1-103, to be used by that 

department solely for hazardous materials: 

(a) management training; and 

(b) response preparation and emergency response training. 

(8) All funds appropriated under this part that are 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 Department of Health to delineate specific 

responsibilities to assure that assessment and management of risk to human health from 

the environment are properly administered; 

(b) consult with the Department of Health and enter into cooperative agreements, as 

needed, to ensure efficient use of resources and effective 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 population groups; and 

(c) coordinate implementation of environmental programs to maximize efficient use of 

resources by developing, with local health departments, a Comprehensive Environmental 

Service Delivery Plan that: 

(i) recognizes that the department and local health departments are the foundation for 

providing environmental health programs in the state; 
(ii) delineates the responsibilities of the department and each local health department for 

the efficient delivery of environmental programs using 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 extent 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 environmental hazards; 

(e) use local health departments in the delivery of environmental health programs to the 

extent provided by law; 

(f) enter into contracts with local health departments 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 assessed for actions and services of the 

department according to the procedures and requirements of Section 63J 1 504; and 

(ii) in accordance with Section 63J 1 504, all fees 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 boards established by Section 19 1 106, 

including the acceptance and administration of grants 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 laboratory services, the extent of which are 

limited by the funds available to the department for 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 conducted through boards, divisions, and 

offices of the department; 

(c) approve the proposed budget of each board, division, 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 state in any fund, property, or service 

provided by the federal government; and 

(f) in accordance with Section 19-1-301, appoint one or more administrative law judges 

to hear an adjudicative proceeding within the department. 

(2) The executive director may: 

(a) issue orders to enforce state laws and rules established by the department except 

where the enforcement power is given to a board created under Section 19-1-106, unless 

the executive director finds that a condition exists that creates a clear and present hazard 

to the public health or the environment and requires immediate action, and if the 

enforcement power is vested with a board created under Section 19-1-106, the executive 

director may with the concurrence of the governor order 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, offered, 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 from private and public groups for the 

purposes of promoting and protecting the public health and the environment and expend 

the funds as appropriated by the Legislature; 

(d) make policies not inconsistent with law for the internal administration and government 

of the department, the conduct of its employees, and the custody, use, and preservation of 

the records, papers, books, documents, and property of the department; 

(e) create advisory committees as necessary to assist 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 agencies of the state, the federal 

government, other states and interstate agencies, affected groups, political subdivisions, 

and industries in carrying out the purposes of this title; 

(h) consistent with Title 67, Chapter 19, Utah State Personnel Management Act, employ 

employees necessary to meet the requirements of this title; 

(i) authorize any employee or representative of the division to conduct inspections as 

permitted in this title; 

(j) encourage, participate in, or conduct any studies, investigations, research, and 

demonstrations relating to hazardous materials or substances releases necessary to meet 

the requirements of this title; 

(k) collect and disseminate information about hazardous materials or substances releases; 

(l) review plans, specifications, or other data relating to hazardous substances releases as 

provided in this title; and 

(m) maintain, update not less than annually, and make available to the public a record of 

sites, by name and location, at which response actions for the protection of the public 

health and environment under Title 19, Chapter 6, Part 3, Hazardous Substances 

Mitigation Act, or under Title 19, Chapter 8, Voluntary 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 response 
action the site: 

(i) will be suitable for unrestricted use; or 

(ii) will be suitable only for restricted use, stating the institutional controls identified in the 

remedy to which use of the site is subject. 

19-1-203. Representatives of department authorized to enter regulated 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 compliance with rules made by the department. 

(2) The inspection authority provided in this section does not apply to chapters in this title 

which provide for specific inspection procedures and 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 proceedings 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 civil 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 violation of or for the enforcement of, the 

laws or standards, orders, and rules of the department. 

19-1-205. Assumption of responsibilities. 

The department assumes all the policymaking functions, regulatory and enforcement 

powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air 

Conservation Committee, the Solid and Hazardous Waste Committee, the Utah Safe 

Drinking Water Committee, and the Water Pollution Control Committee previously vested 

in the Department of Health and its executive director: 

(1) including programs for individual wastewater disposal 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 Health 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 requirements 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 the 
contract is entered into or renewed: 

(i) (A) provides coverage that is actuarially equivalent to the current benefit plan 

determined by the Children's Health Insurance Program 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 federally 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 premium for the employee and the 

dependents of the employee; or 

(iii) (A) provides coverage that is actuarially equivalent 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 section 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; and 

(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 entered into by the department or a division 

or board of the department if: 

(a) the application of this section jeopardizes the receipt of federal funds; 

(b) the contract or agreement is between: 

(i) the department or a division or board of the department; 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 applying the requirements of this section to a 

particular contract interferes with the effective response 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 order as defined in Section 63G 6 102, or 

a modification to a contract, when the contract does not meet the initial threshold required 

by Subsection (2). 

(b) A person who intentionally uses change orders or contract modifications to 
circumvent the requirements of Subsection (2) is guilty of an infraction. 

(5) (a) A contractor subject to Subsection (2) shall 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' dependents during the duration of the 

contract. 

(b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall 

demonstrate to the executive director that the subcontractor has and will maintain an offer 

of qualified health insurance coverage for the subcontractor's employees and the 

employees' dependents during the duration of the contract. 

(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 the failure of a subcontractor to meet the 

requirements of Subsection (5)(b). 

(ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during 

the duration of the contract is subject to penalties in accordance with administrative rules 

adopted by the department under Subsection (6). 

(B) A subcontractor is not subject to penalties for the failure of a contractor to meet the 

requirements of Subsection (5)(a). 

(6) The department shall adopt administrative rules: 

(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 

(b) in coordination with: 

(i) a public transit district in accordance with Section 17B 2a 818.5; 

(ii) the Department of Natural Resources in accordance with Section 79 2 404; 

(iii) the State Building Board in accordance with Section 63A 5 205; 

(iv) the State Capitol Preservation Board in accordance 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 must 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 department or division with a written statement 

of actuarial equivalency from either the Utah Insurance Department or an actuary selected 

by the contractor or the contractor's insurer; and 

 

(ii) the penalties that may be imposed if a contractor 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 subcontractor from entering into future 

contracts with the state upon the second violation;

(C) an action for debarment of the contractor or subcontractor in accordance with 
Section 63G 6 804 upon the third or subsequent violation; and 

(D) notwithstanding Section 19 1 303, monetary penalties which may not exceed 50% of 

the amount necessary to purchase qualified health insurance 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 duration 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 section 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 18 402. 

(9) The failure of a contractor or subcontractor to provide health insurance as required by 

this section: 

(a) may not be the basis for a protest or other action 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 would 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 proceeding on a request for agency action; and 

(b) is subject to judicial review under Section 63G-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 Procedures 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 absence 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 administrative 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 field of: 

(A) environmental compliance; 

(B) natural resources; 
(C) regulation by an administrative agency; or 

(D) a field related to a field listed in Subsections (4)(b)(ii)(A) through (C); and 

(c) has a working knowledge of the federal laws and 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 as an administrative law judge pro 

tempore by mutual consent of the parties to an adjudicative proceeding; 

(b) appoint an assistant attorney general as an administrative 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 responsibilities 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 action; and 

(iii) submit to the board a proposed dispositive action, 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 disapprove 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 administrative law judge may: 

(a) compel: 

(i) the attendance of a witness; and 

(ii) the production of a document or other evidence; 

(b) administer an oath; 

(c) take testimony; and 

(d) receive evidence as necessary. 

(8) A party may appear before an administrative law judge in person, through an agent or 

employee, or as provided by a board rule. 

(9) (a) An administrative law judge or board member 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 who receives an ex parte 

communication shall place the communication into the 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 right 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 property under the person's control at his own 

expense within 48 hours, or such other reasonable time 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 violations. 

(1) (a) Any person who violates any provision of this title or lawful orders or rules 

adopted under this title by the department shall: 

(i) in a civil proceeding be assessed a penalty not 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 expense 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 was also a violation of the public health 

laws. 

(3) Each day of violation of this title or rules made by the department under it may be 

considered a separate violation. 

(4) The enforcement procedures and penalties provided in Subsections (1) through (3) do 

not apply to chapters in this title which provide for other specific enforcement procedures 

and penalties. 

(5) Unless otherwise specified in statute, the department shall deposit all civil penalties 

and fines imposed and collected under this title into the General Fund. 

19-1-304. Principal and branch offices of department. 

(1) The principal office of the department shall be 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 notice of agency action under this title tolls 

the running of the period of limitation for commencing a civil action to assess or collect a 

penalty until the sooner of: 

(1) the day on which the notice of violation, order, or agency action becomes final under 

Title 63G, Chapter 4, Administrative Procedures Act; or 

(2) three years from the day on which the department 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 Management Act. 

(2) (a) The standards of the federal Freedom of Information 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 has been claimed under Section 

63G-2-309, to the extent those records relate to a program: 

(i) that is delegated, authorized, or for which primacy has been granted to the state; 

(ii) for which the state is seeking delegation, authorization, or primacy; or 

(iii) under the federal Comprehensive Environmental Response, Compensation, and 

Liability Act. 

(b) The regulation of the United States Environmental 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 trade secret and confidential business 

records available to the United States Environmental Protection Agency insofar as they 

relate to a delegated program, to a program for which the state is seeking delegation, or to 

a program under the federal Comprehensive Environmental Response, Compensation and 

Liability Act. 

(b) In the event a record is released to the United States Environmental Protection 

Agency under Subsection (3)(a), the department shall convey any claim of confidentiality 

to the United States Environmental Protection Agency 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 Access and Management Act, and all 

provisions of that act shall apply except Subsections 63G-2-305(1) and (2). 

(5) Records obtained from the United States Environmental Protection Agency and 

requested by that agency to be kept confidential shall 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 care 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 five years of: 

(i) the adequacy of the amount of financial assurance required for closure and postclosure 

care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted pursuant to 

a hazardous waste operation plan for a commercial hazardous waste treatment, storage, or 

disposal facility under Section 19-6-108; and 

(ii) the adequacy of the amount of financial assurance or funds required for perpetual care 

and maintenance following the closure and postclosure period of a commercial hazardous 

waste treatment, storage, or disposal facility, if found necessary following the evaluation 
under Subsection (1)(c). 

(b) The evaluation shall determine: 

(i) whether the amount of financial assurance required is adequate for closure and 

postclosure care of hazardous waste treatment, storage, or disposal facilities; 

(ii) whether the amount of financial assurance or funds required is adequate for perpetual 

care and maintenance following the closure and postclosure period of a commercial 

hazardous waste treatment, storage, or disposal facility, 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 perpetual care and maintenance of commercial 

hazardous waste treatment, storage, or disposal facilities 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 shall evaluate in 2006 whether 

financial assurance or funds are necessary for perpetual 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 environment. 

(2) (a) Beginning in 2006, the Radiation Control Board created in Section 19-1-106 shall 

direct an evaluation every five years of: 

(i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Fund; and 

(ii) the adequacy of the amount of financial assurance required for closure and 

postclosure care of commercial radioactive waste treatment or disposal facilities under 

Subsection 19-3-104(12). 

(b) The evaluation shall determine: 

(i) whether the fund is adequate to provide for perpetual care and maintenance of 

commercial radioactive waste treatment or disposal facilities; 

(ii) whether the amount of financial assurance required is adequate to provide for closure 

and postclosure care of commercial radioactive waste 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 period before the end of 100 years 

following final closure of the facility for maintenance, monitoring, or corrective action in 

the event that the owner or operator is unwilling or unable to carry out the duties of 

postclosure maintenance, monitoring, or corrective action; and 

(iv) the costs above the minimal maintenance and monitoring for reasonable risks that 

may occur during closure, postclosure, and perpetual 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 pollution as fuels under Subsection (1)(a); or 

(c) other fuel that meets the clean fuel vehicle standards 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 federal 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 draws 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, injectors, 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 Technology 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 rapid transit motor vehicle, bus, truck, 

law enforcement vehicle, or emergency vehicle. 

(7) "Incremental cost" means the difference between the cost of the OEM vehicle and the 

same vehicle model manufactured without the clean fuel 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 motor vehicle registered in Utah that is 

owned and operated solely in the conduct of a private business enterprise. 

(10) "Refueling equipment" means compressors when used separately, compressors used 

in combination with cascade tanks, and other equipment that constitute a central refueling 

system capable of dispensing vehicle fuel. 
(11) "Retrofit" means conversion or augmentation of an existing motor, fuel system, 

exhaust system, or related components to systems that 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 under 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 nonlapsing. 

(d) The department may accept contributions from other 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 vehicle or a government vehicle to use a 

clean fuel, if certified by the Air Quality Board under Subsection 19-1-405(1)(a); 

(ii) the purchase of: 

(A) an OEM vehicle for use as a private sector business 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 Board under Subsection 19-1-405(1)(d), of a 

private sector business vehicle or government vehicle; 

(iv) a fuel system, certified by the Air Quality Board 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 Subsection (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 vehicle; or 

(iii) the cost of purchasing the OEM vehicle if there is no documented incremental cost. 

(c) The amount of a grant for any vehicle under Subsection (2)(a)(i) or (2)(a)(ii)(A) may 

not exceed: 

(i) 50% of the actual cost of the vehicle conversion 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; 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 subject to the availability of monies in the 

fund, the department may make a loan for the purchase of vehicle refueling equipment for 
a private sector business vehicle or a government vehicle. 

(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 subject to the availability of monies in the 

fund, the department may make a grant for a state match 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 under this part for an electric-hybrid 

vehicle. 

(4) The department may: 

(a) reimburse itself for the costs incurred in administering the fund from: 

(i) the fund; or 

(ii) application fees; and 

(b) establish an application fee for a loan or grant from the fund by following the 

procedures and requirements of Section 63J-1-504. 

(5) (a) The fund balance may not exceed $10,000,000. 

(b) Interest on cash balances and repayment of loans in excess of the amount necessary to 

maintain the fund balance at $10,000,000 shall be deposited in the General Fund. 

(6) (a) Loans made from monies in the fund shall be supported by loan documents 

evidencing the intent of the borrower to repay the loan. 

(b) The original loan documents shall be filed with 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 19-1-403 to encourage government officials 

and private sector business vehicle owners and operators to obtain and use clean fuel 

vehicles; and 

(b) by following the procedures and requirements of 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 person claiming a tax credit under Section 

59-7-605 or 59-10-1009 for the motor vehicle for which 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 fleet operator that may be eligible for a 

grant in a year; 

(iv) specifying criteria the department shall consider 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 which each vehicle is converted or purchased 

using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled beginning 

from the time of conversion or purchase of the vehicle; 

(C) agree in writing to notify the department if a vehicle converted or purchased using 

loan or grant proceeds becomes inoperable through mechanical 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 loan 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 state match under Subsection 19-1-403(2). 

(2) (a) When developing repayment schedules for the loans, the department shall consider 

the projected savings from use of the clean fuel vehicle. 

(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 of Title 63G, Chapter 3, Utah 

Administrative Rulemaking Act, the Air Quality Board may make rules to: 

(a) certify a motor vehicle on which conversion equipment has been installed if: 

(i) before the installation of conversion equipment, the motor vehicle does not exceed the 

emission cut points for: 

(A) a transient test driving cycle, as specified in 40 CFR 51, Appendix E to Subpart S; or 

(B) an equivalent test for the make, model, and year of the motor vehicle; and 

(ii) the motor vehicle's emissions of regulated pollutants, when operating with clean fuel, 

is less than the emissions were before the installation of conversion equipment; 

(b) recognize a test or standard that demonstrates a reduction in emissions; 

(c) recognize a certification standard from another state; 

(d) certify a fuel, vehicle, retrofit, or fuel system 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 effectiveness 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 the 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 the 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 Procedures, using all fuel the motor vehicle 

is capable of using; or 

(c) any other test or standard recognized by the Air 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 statewide program. ................................................................................................................................2 

19-2-102. Definitions...................................................................................................................................................2 

19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per 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 authority 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 adoption -- Orders of executive secretary -- Adoption of emission 

control requirements......................................................................................................................................................7 

19-2-109.1. Operating permit required -- Emissions fee -- Implementation. ..............................................................7 

19-2-109.2. Small business assistance program. .........................................................................................................9 

19-2-109.3. Public access to information. ...................................................................................................................9 

19-2-109.5. Private sector air quality permitting professionals certification program.................................................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 emergency -- 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 violation of chapter or rules............................................................................................11 

19-2-115. Violations -- Penalties -- Reimbursement for expenses. ...........................................................................11 

19-2-116. Injunction or other remedies to prevent 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 injunction 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 political subdivisions authorized........................................................................................13 

19-2-122. Cooperative agreements between political subdivisions and department. ................................................13 

19-2-123. Tax relief to encourage investment in facilities -- Sales and use tax exemption.......................................13 

19-2-124. Application for certification of pollution control facility -- Refunds -- Interest. ......................................13 

19-2-125. Action on application for certification. .....................................................................................................14 

19-2-126. Revocation of certification -- Grounds -- Procedure.................................................................................14 

19-2-127. Rules for administering certification for tax relief....................................................................................15 
Title 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 health 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 consideration 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 contaminants 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 the 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 presence or location, or to 

assess the condition of, asbestos-containing material or 

suspected asbestos-containing material, 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 Standard for Asbestos, that 

hand pressure can crumble, pulverize, 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 installed 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 elimination 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, elimination, or reduction of or 

redesign to eliminate or reduce 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, septic tanks, or other facilities 

for human waste, nor any property 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 director 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, adjust 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 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 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 salary, 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 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 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; 
 (h) with the approval of the governor, 

implementing in air quality nonattainment areas employerbased 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 under the 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, Subchapter 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, 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 

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 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; 

 (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 Hazard 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, 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; 

 (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-

10-1009; 

 (v) establish a program to certify private sector 

air quality permitting professionals (AQPP), as described in 

Section 19-2-109.5; 

 (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; 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 installed or is operating monitoring 

equipment that is equivalent to equipment 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 identified 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 Conservation Act, determines 

annually on or before July 1 is at least as effective 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 include motor vehicles that 

are: 

 (i) held for lease or rental 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 emergency 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 demonstrating 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 the national ambient 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 demonstrating 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 provisions of this section; 

 (b) definitions of fleet owners or operators; 

 (c) definitions of vehicles exempted from this 

section by rule; 

 (d) certification requirements 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 Clean Air Act may be more 

stringent than the corresponding 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 environmental 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 the 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 existing air pollution resources of 

the state; 

 (b) advise, consult, and cooperate with other 

agencies of the state, the federal 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, participate in, or conduct studies, 

investigations, research, and demonstrations 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 inventories 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 abating discharges of wastes 

affecting ambient air; 

 (ii) requiring the construction of new control 

facilities or any parts of new control facilities or the 

modification, extension, 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, specifications, 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 construction, 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 pollution, 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 reasonably 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 discharged, 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 construction, modification, installation, 

or establishment of the air contaminant source or indirect source, 

the submission of plans, specifications, and other information as he 

finds necessary to determine whether the proposed construction, 

modification, installation, or establishment 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 secretary to a local authority when 

requested and upon assurance that the local authority has and will 

maintain sufficient expertise to insure that the planned installation 

will meet the requirements established by law. 

 (b) If within 90 days after the receipt of plans, 

specifications, or other information required under this subsection, 

the executive secretary determines that the proposed construction, 

installation, or establishment or any part of it will not be in accord 

with the requirements of this chapter 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 information, he shall issue an order 

prohibiting the construction, installation, 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 law judge as provided by Section 

19-1-301. Following the hearing and 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, modified, 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, shall 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 least twice in any newspaper 

of general circulation in the area affected; and 

 (B) published, in accordance 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 under 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 secretary under procedures the 

board establishes by rule. 

 (b) A person is not required to submit an 

operating permit application 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 the 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 conditions of issued operating 

permits to incorporate applicable 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 required to obtain a permit. The 

emissions fee established under this 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 Section 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 pay 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, plus interest on the fee computed 

at 12% annually; or 

 (b) revoke the operating permit. 

 (8) The owner or operator 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, Administrative Procedures Act, and 

Section 19-1-301, as provided 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 hearing 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 section 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 and administering the program 

and the small business assistance 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 the 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 conforms 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 members expire, the department 

shall appoint each new member or reappointed member to a 

four-year term. 

 (b) Notwithstanding the requirements of 

Subsection (a), the department shall, at the time of 

appointment or reappointment, adjust the length of terms to 

ensure that the terms of panel members are staggered so 

that approximately half of the 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 and 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 written 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, including consultants and employees 

of companies that may seek air quality permits from the 

division. Any program established under this section shall 

include: 

 (a) a training program established and operated 

by the department, which describes 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 a 
notice of intent or operating permit application under this 

chapter. 

 (4) Any program under this section shall provide 

for revocation of any certification 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 with department application 

requirements; or 

 (c) prepared any air quality 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 the 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 emission 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 board for a variance from its 

rules. 

 (b) The board may grant the requested variance 

following an announced public meeting, if it finds, after 

considering the endangerment to human health and safety 

and other relevant factors, that compliance with the rules 

from which variance is sought would produce serious 

hardship without equal or greater benefits to the public. 

 (2) A variance may not be granted under this 

section until the board has considered 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 requirements of Subsection (1) and 

for time periods and under conditions 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, abatement, 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 required 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 expeditious 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 receipt of an application 

for renewal, the board shall give public notice of the 

application as required 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 heating 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 States 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 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. 

 (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 for violations described in 

15 U.S.C.A. 2647, Toxic Substances Control Act, 

Subchapter II - Asbestos Hazard Emergency Response, 

may not exceed the amounts specified 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 violates 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, established or organized for any 

purpose, and includes a corporation, 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 risk 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 with criminal negligence: 

 (A) releases into the ambient air any hazardous 

air pollutant; and 

 (B) places another person 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 that the person is placing 

another person in imminent danger of death or serious 

bodily injury. 

 (d) If a person is an organization, it shall, upon 

conviction of violating Subsection (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 acted 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 attributed 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 affirmative 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 defense 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 federal 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 making 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 any 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 welfare, 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 represented 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 executive 
secretary, 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 chapter is prima facie evidence 

of contempt which is punishable 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, riot, or other 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 other 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 taxes 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 qualifies under Subsection 

(2) may apply to the board for certification of a pollution 

control facility erected, constructed, 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 in 
Subsections 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 certified 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 prescribed 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 reduction served or to be served by 

the facility. 

 (b) The board may require any further 

information it finds necessary 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, control, 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 notice 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 date notice of revocation was 

received by the holder. 

 (3) As soon as a revocation 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 tax 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 all other matters pertaining to 

the board in administering certification for tax relief on 

pollution control facilities.