y 

p

p

, 

Application of thi. section t4 proceedings before Cornmisoion on Environmental Quality for 

violationr of provisio~ governing mineral leases, exploration or testing on scats lands, see 

g ,%7-17. 

;\ppsaI from decieion of Commhion on Environmental Quality under .bbesta Abatement 

Accreditation and Cartiecation Act, eee 4 37-138-27. 

Application of this sedion to proceedings before the commission on violations of the 

underground storage tank act of 1988, see 9 4917427. 

Application of this section to the appeal righta of a pelJon %grieved by aay decision with 

respcCt to the undeqmund storage tank act of 1988, sce 9 49-1741. 

Appeal to chancery court from order of State Permit Board or Commission on Environmental 

Quality with respect to water resource reguiation, sea 9 51-349. 

Hearings before the Cornmimion on Environmental Quality relative to water mume 

regulation, see 98 51381 and 51-3-56. 

Ramarch and hctice Retemnces93 CJS, Waters gg 63 et seq. hnotation8- 

Judicial review under 4 16 of Noiss Control Act of 1972 (42 USCS 94915) of action of 

Administrator of Environmental Protection Agency. 59 ALR Fed 705. 

- 1UDICIAL DECISIONS 

In an action by a citizenr' group challeng- satisfy the hearing requirement of g 49-17-41, 

ing the issuance of a waete water discharge deapite the prohibition in that section of mulpermit to an industrial plant, a public hear- tiple hearings on the same subject matter. 

ing solely for the purpcm of permitting inter- Save the Bay. Inc. v ,Whippi Air & Water 

ested parties to express their viem with re Pollution Control Corn. (1976, Mise) 341 So 2d apect to discharge permits war incrufRcient to 98. 

$ 49-17-43. Penalties. 

(a) Any person found by the commission violating any of the provisions of 

Sections 49-17-1 through 49-17-43, or any rule or regulation or written order 

of the commission in pursuance thereof or any condition or limitation of a 

permit, except a permit required under the Solid Wastes Disposal Law of 

1974 (Sections 17-17-1 through 17-17-47), shall be subject to a civil penalty of 

not more than Twenty-five Thousand Dollars ($25,000.001, for each violation, 

such penalty to be assessed and levied by the commission after a hearing as 

provided hereinabove. Appeals from the imposition of the civil penalty may 

be taken to the chancery court in the same manner as appeals from orders 

of the commission. If the appellant desires to stay the execution of a civil penalty assessed by the commission, he shall give bond with sufficient 

resident sureties of one or more guaranty or surety companies authorized to 

do business in this state, payable to the State of Mississippi, in an amount 

equal to double the amount of any civil penalty assessed by the commission, 

as to which the stay of execution is desired, conditioned, if the judgment 
In the event an emergency is found to exist by the commission, it may 

issue an emergency order as circumstances may require. Said emergency 

order shall become operative at the time and date designated therein and 

shall remain in force until modified or cancelled by the commission or 

superseded by a regular order of the commission or for a period of forty-five 

(45) days from its effective date, whichever shall occur first, and may be enforced by an injunction if necessary. 

The chancery court shall always be deemed open for hearing requests for 

injunctions to enforce such emergency orders and the same shall have 

precedence over other matters. 

When, in the opinion of the commission or its executive director, an 

emergency situation exists which creatqs an imminent and substantial 

endangerment threatening the public health and safetv nt ui-d 

propertv of th~ pnpkd&s state, notice shall be given immediately to 

local governing authorities, both county and municipal, the state emernencv - - 

management organization, and the governor fo; appropriate action in 

acccrdance with applicable laws for protections against disaster situations. SOURCESr Codes, 194% $7108123; Laws, 1968, ch. 358. 5 13: 1972. ch. 508, 4 11; 1980, ch. 

491.5 23, eel from and &or pasuage (approved May 9, 1980). 

Editor's Note- 

%tion 49-176 provides that the word "cornmisaion", for purposa of 30 49-17-1 through 4% 

17-43, meam the Middpp: Commiuion on Natural Resources acting through the Bureau of 

Pollution Control of the Department of Natural Resources. Section 49-17-7 provider that the 

worda "Missisnippi Air and Water Pollution Control Comrniaaion" wherever they may appcar in 

the laws of the Stab of Mississippi shall be construed to mean the Mississippi &&ion on 

Natural Resources. Saction 49-28, however, provides that the term "Miss~ppi Gmmisrion on 

Natural Resources" shall mean tho ~biwippi Commission on Environmental Quality wherever it may appear in the laws of the Stab of Mississippi. Cross referent* 

Stab emergency management agency, see Q9 33-15-1 et seq. 

Research and Pmctice References61A Am Jur 2d, Pollution Control 39 6, 134 

93 US, Waten 39 43 et seq. 

hotattotlsValidity of state and local air pollution edrninistrativs rules. 74 ALR4th 566. 

5 49-17-28, Permit board; membership. 

'Shere is hereby created a permit board for the purpose of issuing, 

modifying, revoking or denying, under such conditions and limitations as it 

may prescribe, pennits to control or prevent the discharge of contaminants 

and wastes into the air and waters of the state; for the purpose of issuing, 
civil or administrative proceeding and is not subject to any discovery pursuant 

to the rules of civil procedure or administrative procedure, unless: 

(a) The person for whom the eiwironmental self-evaluation report was 

 re pa red, irrespective of whether the self-evaluation report was conducted 

and/or prepared by a private contractor hired by the person, expressly 

waives the provisions of this section; 

~bi The court of record, or hearing officer, who shall be neutral and 

independent, after in camera review, determines that: 

(i) The environmental self-evaluation report shows evidence that the 

person for which the environmental self-evaluation report was prepared is 

not or was not in compliance with an environmental law; 

(ii) The person did not initiate appropriate efforts to achieve compliance with the environmental law or complete any necessary permit 

application promptly after the noncompliunce with the environmental law 

was discovered and, as a result, the person did not or will not achieve 

compliance with the environmental law or complete the necessary permit 

application within a reasonable amount of time; 

iiii) For the purposes of paragraphs (b)(i) and (b)(.ii) only, if the 

evidence shows noncompliance by a person with more than one (1) 

environmental law, the person may demonstrate that appropriate efforts 

to achieve compliance were or are being taken by instituting a comprehensive program that establishes a phased schedule of actions to be taken 

to bring the person into compliance with all of such environmental laws; 

(c) The court of record or hearing officer, who shall be neutral and 

independent, after an in camera review, determinee that the privilege is 

being asserted for a fraudulent purpose, or that the environmental selfevaluation report was prepared to avoid disclosure of information in an 

investigative, administrative, or judicial proceeding that was underway, or 

for which the person had been provided written notification that an investigation into a specific violation had been initiated; or 

(d)(i) For environmental self-evaluation reports made before January 

20, 2003, the court of record or hearing officer, who shall be neutral and 

independent, determines that even if subject to the privilege, it is found 

that a condition exists that demonstrates an imminent and substantial 

hazard or endangerment to the public health and safety or the environment; 

(ii) For an environmental self-evaluation report that was made on or 

after January 20, 2003, the court of record or hearing officer, who shall be 
(b) Documents or other information required to be made available or 

furnished to a regulatory agency pursuant to any environmental law or any 

other law or regulation; or 

(c) Information in the possession of a regulatory agency obtained 

through observation, sampling, monitoring or otheiwise and which is subject 

to public disclosure pursuant to the Mississippi Public Records Act of 1983; 

or 

(d) Information obtained through any source independent of the environmental self-evaluation report; or 

(e) Documents existing prior to the commencement of and independent 

of the voluntary self-evaluation with the exception of evidence establishing 

a request for compliance assistance to the appropriate government agency or 

authority. 

(3)(a) Upon a showing by any party, based upon independent knowledge, 

that probable cause exists to believe that an exception to the self-evaluation 

privilege under subsection (1) of this section is applicable to an environmental self-evaluation report or that the privilege does not apply to the 

environmental self-evaluation report pursuant to the provisions of subsection (2) of this section, then a court of record or hearing officer, who shall be 

neutral and independent, may allow such party limited access to the 

environmental self-evaluation report for the purposes of an in camera review 

only. The court of record or the hearing officer may grant limited access to all 

or part of the environmental self-evaluation report under the provisions of 

this subsection (3) upon such conditions as may be necessary to protect the 

confidentiality of the environmental self-evaluation report. A moving party 

who obtains access to an environmental self-evaluatiorl report pursuant to 

the provisions of this subsection (3) may not divulge any information from 

the report except as specifically allowed by the court or hearing officer. 

(b) If any party divulges all or any part of the information contained in 

an environmental self-evaluation report in violation of the provisions of 

paragraph (a) of this subsection (3) or if any other person knowingly divulges 

or disseminates all or any part of the information contained in an environmental self-evaluation report that was provided to such person in violation 

of the provisions of paragraph (a) of this subsection (3), such party or other 

person is liakle for any damages caused by the divulgence or dissemination 

of the inforhation that are incurred by the person for which the environmental self-evaluation report was prepared. The court or hearing officer also 
proving that such privilege does not exist under this section. 

(6) All environmental self-evaluation reports that are protected by the 

self-evaluation privilege created by this section shall be privileged and exempt 

from the provisions of the Mississippi Public Records Act in accordance with 

Section 26-61-11, Mississippi Code of 1972. 

SOURCES; ]taw% 1996, ch, 627, B 2; Laws, 2003, ch. 301,g 1, eff from and after 

passage (approved Jan. 20,2003.) 

Editor's Note - Thia section was originally enacted ae 4 49-2-61 and was 

renumbered a8 9 49-2-71 at the direction of the Attorney General in view of the 

existence of a prior 4 49-2-61, which was enacted by Laws, 1979, ch. 471,j 6, and was 

repealed by Laws, 1980, ch. 548, 9 19, effective May 26, 1980. 

Amendment Notes - The 2003 amendment in the introductory paragraph of (I), 

substituted 'civil or administrativeN for "civil, criminal or administrative" and deleted 

'criminal procedure" following "civil procedureN; made a minor stylistic change in 

(lXbX1); redeaignated former (l)(d), as present (lMdXi), and added "For environmental 

self-evaluation reports made before January 20, 2003"; and added (lHd)(ii). 

ATTORNEY GENERAL OPINIONS 

The privilege created by the statute 

exte?ds not only to the document that is 

the "environmental self-evaluation report," but also to written communications 

and written opinions associated with the 

voluntary self-evaluation and facts gathered in preparation for the voluntary selfevaluation. Chisolm, Sept, 19, 2001, A.G. 

Op. Wl-0486. 

"Imminent and substantial hazard or 

endangerment to the public health and 

safety or the environment," as used in 

subection (lXd), may in fact cover viola- 

, ti0~ that have actually caused serioua 

harm to human health or the environment 

at the time the court or hearing officer is 

making that determination, and not just 

futufa possible ham or endangerment. 

Chisolm, Sept. 19, 2001, A.G. Op. #Ol0486. 

The existence of a self-evaluation report 

that includes a report of facts demonstrating a need for injunctive relief does not 

necessarily prohibit the Commission's exercise of ita enforcement authority. 

Chisolm, Sept. 19, 2001, A.G. Op. #01- 

0486. 

If a "whistleblower," informant, or witness provides the Cornrnisaion with information otheNvise contained in a self-evaluation report, that person is not subject to 

sanctions sanctions under subsection 

(3Xb). Chisolm, Sept. 19, 2001, A.G. Op. 

it01-0486. 

A witnesa must respond to any discovery request that goes to the facts that 

underlie an environmental self-evaluation 

report, and only the documents and document preparation communications are 

protected from discovery. Chisolm, Nov. 

21, 2001, A.G. Op. #01-0681. 
25-43-1. Short title. 

26433. DetLnitions. 

Agency adoption of nrles dencribing ita organizatioa and rulea of practiq 

public inspection of agency rules, ordem and decisions. 

2-7. Notice of pro@ agency adoption, amendment or repeal of rulm: em* 

gency ruler. 

2643-9. Filing of agency ruler in otace of secretary of state; effective date of rules 26-43-11. Campilatioa and indexing of rules, 26-43-13. Notice of intended revocation, suepension, annulment or withdrawal 

license, emergency suspension of License. 

2&43-15. Application of conflicting statutary pmvMoM governing agency prow 

durer in conterrted cam 

25-43-17. Opponenk of propod rdar to have opportunity to present their vim and to review adverw rulings. 

25-4-19. Proceedingr to which chapter applicable. 

9 2643-1. Short title. 

This chapter shall be known and may be cited ae the "Miseiseippi 

Administrative Procedurea Law." SOUR- bwa, le?B. ch 481, f 1, e@ from md after Jonu~rp 1, leTT. 

Croa referenAuthority of Department of Finlam and Adminirtration to pmrndgat. rulea and regulatfoar 

to impbment federd-stak programr, sea f 7-1-ZSU. 

Apphtion of this cbnptar to adoption of rulm, regulntiocu and policy by executive 

of deputmsnt. of thm executive branch. asr, f 7-174. 

Applicabllifg of thie chams to pmmdgation of rub and reguhtioru by the department 

archivem and Wry, with rrspat to srchfvea and mrdr management, sue 9 2669-9. Applicllbfltty of thi. chnptw to p~~fnufgati~n by the Stat. Tar: (hSUnhi0n of rub and 

regulatfolu rslntiva to mtaL against income tax robdo for debt. owe3 for child auppott or maintenann, rn f 27-7-616. 

Due of bureau of blemmmunicatioa, to promulgat. rulea and regulatfaar governing foof caatract. for acquirition of talecommunications mms, sea f 31-7-22S. 

Applicability of thi. chaptar to pmmulption of rules and rcgulationa by the atat. board 

education, eer JI 37-14 

Applicability of this chaptar to pmmulgation of rulm and regulationr of Mbhdppi Board d 

Vixationd and Technical Ed~tion, asc, f 37-31-206. 

Complkma with MMdppd Admhhtmti-m Procedura Law by Stat. Department of Heal& 

in pmmulgating rulee and ngul.tio~ under the Hsrrltb Cue Csrtificat. of Need Act of 1979, 

ac~lg 41-7-186. 

Applicability of tho sdmlnhtntiw pmcedura law to the adoption, promulgation, amendla(, 

and repaling of lea and rgulationr de&g with the atat. medical eraminer, see 8 41-61-69. 

Applicability of thh chapter to promulgation of rulea, ngulatioru and standah gm 

home health agencies, see f 41-71-13. 

Applicability of thio chapter to promulgation of ruler, rtgulatioru and staadardm for am& 

toq surgical faciliti~ aa $41-75-13. 

Applicabiliw d thb chaw to tho promulgation of rula, rqlulationr, and dandurfr 

applidlo to birthing cantem, seo 9 41-77-11. 
12&+3. DeBnltionr 

us& in this chapter: 

"~gency" meam each state board, commission, department or officer, 

other than the legislature and the courts. authorind by law to 

make rulea or to determine contested caw. 

(b) onte tested case" means a proceeding, including but not restricted to 

ratemaking, pricefixing and licensing in which the legal righb, 

duties or privileges of a party are required by law to be determined 

by an agency afker an opportunity for a hearing, other than 

disciplinary proceedings or agency action involving only employen, 

of an agency. 

(e) t'License" includes the whole or part of any agency permit, certi8- 

cab, approval, registration, charter or similar form of permiseion 

required by law, but it does not include a license required solely for 

revenue purposes, and does not include any order, permit or license 

issued, granted, revoked, suspended, annulled or withdraw by any 

state agency in compliance with statutory praeedurer or in compliance with published rulea and regulations adopted by such agency 

under statutory authority. 

(dl "Licensing" include. the agency pi& respecting the grant, denial, 

renewal, revocation, suspension, annulment, withdrawal or amendment of a license. 

(e) "Person" mew any individual. partnership, corporation. association, governmental subdivision or public or private organization of 

any character other than an agency. 
dures available to the publiq or (ii) declaratory rulingr hbd 

pursuant to don 25-43-17; or (iii) intra-agency memoranda 

JUDICIAL DECISIONS 

(1) In addition to other rulemaking authority and requirements imposed 

by law, each agency shall: 

(a) Adopt as a rule a dedption of its organization, etatine the general 

course and method of it. operatione and the methods whereby the 

public may obtain information or make submissions or requa 

(b) Adopt ruler of practice setting forth the nature and requiremenb of 

all formal and informal procedures available, hh.iing all require 

menta respecting the filing of applications for any license and the 

liceneing procedure employed by the agency and the method whereby petsons desiring notice of pending applications may obtain 

such notice and request an opportunity to be heard. 

(c) Allow public inapection of all tulea and other written statementr d 

policy or interpretations formulated, adopted or med by the agency 

in the discharge of itm functione. 

(dl Allow public inspection of all ha1 orders, decisions and opinions. 

(2) No agency rule, order or decision i~ valid or effective against any 

peraon or party, nor may it be invoked by the agency for any purpass, until 

it ham been made available ford. iic inspection as herein required. Thu 

provleion is not applicable in fWor of any person or party who has actual knowledge thereof. 

SOURCES 1WC ch. 487, f 3. ell hm and dtsr January 1.lW7. 

Research md Pncttco Ebfatencsc 

2 Am JUT 24 Adminhtrativw Low 99 92 et mq., 237 et wq. 73 CJS, Public Adrninistmtivo Bodisr and Prvceduro $9 71.72 
p

g

~Yid pu-. 46 iUR Fed 780. w whs 4 memkr of federal regulatory board, commiariols authority, or a* My & parklpatm~ in *letanking or adiudicatov pmdg of Iqpmnd biu enJ~.?_~ rlieaualiflcation" under 5 USCS 4 566(b). 51 ALR Fed J00. 

JUDICIAL DECISIONS 

Any rulM or reNationr of administrative hkChwm (1989, b) 849 So 2d 244, 105 boordr provide no lea whsr of the OGR 63. 

to their pmcbedingr and recod than The Mhimippi Rule# of Civil hedun do dorded tder the Meeting Act, not apply ta pmcem bfors the Stab oil 

pj ~1-1 et and the Pubh fkord GM Baud. Stat* OL1 & Gar Bd v Mhan p(l 25-61-1 et seq. Stah & Gm v (Iw~ Mia) 542 SO M 2.44. 

(1) Prior to the adoption, anendment or repeal of any rule, the mencv - -., give at least thirty (301days' notice of ita intendedaction. The notice 

-- -+-__ include a statemen$of either the terms or substance <f thi intend& 

,,tion or a description of the subjects and _hues involved, and the manner 

sn which interested persona may present their views thereon. The notice 

be Ped with the office of the secretary of state and mailed by the 

agency to all pe~ns who have made timely request of the wency for 

advance notice of its rulemaking proceedinge. The secretary of state shall 

furnish copier3 at the request of any person and shall be reimbumed by the 

requesting person for the expense of providing such service. 

(2) ~f an agency 5nds that an imminent peril to the public health. safety 

or welfare requires adoption of a rule upon fewer than thirty (30) days' 

and stat- in writing its reasons for that Bnding, it may proeeed 

ithout prior notice of hearing or upon any abbreviated notice and hearing 

that it fin& practicable to adopt an emergency rule. The rule may be 

for a period of not longer than one hundred twenty (120) days. 

once for a period not excnl +q ninety (90) days. but the adoption 

of an identical rule under subsection (1) fi* section is not preeludd. 

(3) No rule hereafter adopted is valid unleu adopted in substantid 

compliance with this section. A proceeding to contest any rule on the 

ground of noncompliance with the procedural requirements of this section 

must be commenced within one (1) year from the effective date of the mle. 

SOURCFS: kwh 197% cb. 487.4 4, eb from and after January 1, Jgn. 
73 CJS, Publla AdmipSIltradw Bodia and Rocsdw $4 11% 113. 

1A Am Jur Pt & R Form (X.*lh Adminttratim kw, Fom 1 eC q. (capuanrl 

IA ~m Jur Pt & R Fom Obvh AQlinirtrsti~e Law, Forms 31 at 

rulemakin(l). * '-ah v 

Annatatio* 

Amriva dsddoa or Bnding bad on widen- socud outrid. of hp-c. ot Intad per@ ot counvL 18 ALE12d W2. '-'tbon, AAm(ni.trrtiva doddon by otlkar not prwsnt whoa evtdancr, War hlrea 18 &JQ, Weight, in admhhtr8ti~. pk%d~ of evidence of Wq or poh of put&, 

opinion, rscognltioa, praferm~~, or Ih. lh 76 A.LR2d 839. 

Co-rnt No~-AppIfdilitf of decbh dodrin* b dadrrio~ d -8 

cia 79 ALRZ~ 112d hh,, 

Camment not.: Rfght to aa&tuta b~ cod lo admialtrative p- 33 

 omm mat now H-7 4- i. P-@ ~0- stah -tim%? 

0 2543-9. FWng of agency rules in of3ce of mcretary 

effective date of rule& Of * 

(1) Each egency shall file in the oface of the 9-w of 8t.t. a mw 

copy of each rule adopted by it, including all rule8 existing on Jan- I, 

1977. The secretary of state shall keep a permanent r-ter of the 

open to public inspection. 

(2) Each rule hereafter adopted is effective thirty (30) day 

except that: 

*k 

(a) If a later date b required by statute or specified in the rule, the 

date ia the effective date. 

(b) Subject to applicable constitutional or statutory provisions, ap 

gency rule becomes effective immediately upon Bling with tb 

secretary of state, or at a stated date lesa than thirty (30) &, 

thereaffsr if the agency fin& that this effective date h nbecause of imminent peril to the public health, safety or mulur 

The agency'a finding and a brief statement of the reamu thedo, 

shall be filed with the rule. The wency shall take approp* 

measures to make emc&ncy rules known to the pemna who nu, 

be affected by them. 

SOUR- bwe, 1870, ch. 48% 18, eU from and after Jan- 1,1977. 

Reoeueh uid Prrctico %?orencoo2 Am Jw 24 Adminirtrative Lea 40 287,290. 

73 CIS, Public Administrative Bodies and Pmcedum 94 89,98,98, 111,114. 
2tj.&&13. Notice of intended revocation, suspemion, -ulment 

or of license; emergency suspension of licenee. 

No suspension, annulment or withdrawal of any license is ,dl unle~ prior to the institution of agency proceedings the agency gives 

lotice by mail to the licensee of facts or conduct which warrant the 

,tended action and the licensee is given an opportunity to show compliance ith $11 lawful rquirementa for the retention of the licew. If the qeney 

h& that public health, safety or welfare imperatively require. emergency 

:,tion and incorporates a hding to that effect in its order, summary 

,,pension of a license may be ordered pending proceedings for revocation 

;,, action. These proceedings shall be promptly instituted and deter- 

,nined. ,;ouRCES: Low* 1976, ch. 487.9 7. eQ from and atbr Januorg 1,1~. 

.~dministrative decision or 6nding based on evidence secured outside of hearing, and without 

1rrJance of interested party or counsel. 18 ALR2d 552. 

Comment note: Right to anrisrance by counsel in adminktrative proceedings. 33 ALR3d 229. Comment noto: Hemay evidence in proceedings before stata administrative agenci~. 36 

\tFW 12. 

Valrdity and construction of sta* statubr~ provision forbidding coun to swy, pending 

?mew. judgment or order revoking or suspending professional, trade, or occupational license. 

,? .ALRQth 516. 

"Willfulneu" and "public health. intereat. or safety" exceptions to notice and opportunity for 
8 25-43-17. Opponenb of propom3 rulu to have oPporhrsl 

pmnt their viewr and to review adverse ruhgr, 3 t, 

Each agency ahall adopt procedures to assure that pem 

timely notice of their desire to contest the making of any rule LU &ve opportunity to present their views and have the opporhrnity 'WhQ, I,, rwo 

adverss rulings. d 

SOURCEga Laws, 1976, ch. 467.1 8, sd &om d nibr J.nw 1,18TI, 

cmm rsfsrcmcclcHew quest on ded or revocation of certificate to conduct utlllvtion min bw 

rs~)urcoa and medical mrvfcer, me 4 11-83-13 

AMotatlonrc 

AdmtnLtratiw dadrion or hdlng bd on evidence sccursd outside of h~ and 

prwmnn of Inhmtat putg or counsel. 18 ALR2d 552 

Abninirtntive docbioa by oftlcer not pmnnt when evidence WM taken. 18 AL~ 

Comment not&-Applicrrbiliw of d&k doctrine ta d&io~ of nd.h - - - 

79 ALRZd 1128. 

Comment not.: Right to datum by counaal in admini8tmtive ptacaadingr. 33 Comment note-Heuaay evidence in procesdlngr before stah admkrintmth apmdr a 

ALR3d 12 

8 26-43-19. Proceeding8 to which chapter applicable. 

This chapter shall not apply to proceedinas pending on January 1, lgn, 

but &hall apply to all agencies and agency proceedingr thereinafter bseup 

and not expreesly exempted herein, 

SOURCES Law% 197% ch. 487, 10, eU from and nilsr JMU- 1,1877. 
nual publication, available to publicf copies; index, 

The commission shall keep the minutes of the commission, including al! 

orders, rules and regulations promulgated, in a record book, or books, espts. 

cially prepared for that purpose. 

All minutes of commission meetings and hearings, and all rules, 'regula.1 

tions, and ordera made by the commission shall be in writing and shall h, 

filed in full by the commission in a book for such purposes, to be kept hy the 

commission which shall be a public record and open to inspection by the pub 

lic at all times during all reasonable hours. The commisaion shall compile 

and publish annually the rules and regulations promulgated by the commia 

sion in current consolidated version. The commission shall provide the 

consolidated compilation of the rules and regulations to the public for a coat 

sufllcient to cover printing and postage and administrative expenses, includ. 

ing the cost of any contractual services necessary to compile and publish 

such rules and regulations on an annual basis. A copy of any rule, minutes, 

regulation or order certified by the commission shall be received in evidence 

in all courta of this state with the ,=me effect as the original. The commk 

sion shall compile and index on a current date basis all orders of the commis 

sion in a book for such purposes that shall be available for inspection and 

copying by the public. All responsibilities of the commission pursuant to this 

section may be delegated by the commission to the Executive Director. 

SOURCES: Laws, 1999, ch. 011, f 5, et? brn and after paamage (approved April 18,19933 

49-17-25. Procedures for publication, adoption, amendment or 

repeal of rules and regulations necessary to im lement laws administered by Department of Environmental @ahy. 

(1) Prior to the adoption, amendment or repeal of rules and regulations 

necessary to implement this chapter, Sedions 17-17-1 through 17-17-47, See 

tions 21-27-201 through 21-27-221, Sections 37-1381 through 37-138-31, and 

all other laws administered by the department, the commission shall conduct 

a public hearing or hearings thereon aRer public notice. Such notice shall be 

given by publication once a week for three (3) successive weeks in a 

newspaper having a general circulation throughout the state. The notice 

shall contain a description of the proposed regulation and the time, date and 

place of the hearing. 

(2) Additionally, the adoption, amendment or repeal of any rule or regulation under this chapter, Sections 17-17-1 through 17-1747, Sections 21-27-201 

through 21-27-221, Sections 37-1381 through 37-138-31 and all other laws 

administered by the department shall be governed by the "Mississippi 

Administrative Procedures Law." Any rule or regulation heretofore or here 

after adopted, amended or repealed in substantial compliance with the 

procedural requirements under Section 25-43-7 shall be valid A proceeding 
p

p

p

, 

y g

iiB,e need to establish water usa caution area. and hold public hearing. as provided in this sec- 

,,on "nd jectmn 2%3-7, see $512-11 

49-17-20. Notification procedures as to chemicals in underground 

water exceeding state standards. 

,--ass reference* 

?lotice from Commissioner of Environmental Quality, under this section, to bc given in relato modificatlan of labeling or suspension or cancellation of reestration, in relation to 

Fjrlc~des, see 5 69.23-7. 

6 49-17-28. Permit board; membership. 'J 

(1) There is hereby created a permit board for the purpose of issuing, 

flodifying, revoking or denying, under such conditions and limitations as it 

prescribe, permits to control or prevent the discharge of contaminants 

wastes into the air and waters of the state; for the purpose of issuing, 

modifying, revoking or denying, under such terms and conditions specified by 

the commission pursuant to paragraph (Wd) of Section 17-17-27, permits 

under the Solid Wastes Disposal Law of 1974 (Sections 17-17-1 

17-17-47); and for the purpose of issuing, modifying, revoking or 

denying, under such terms and conditions specified by the commission, 

prrnits required under the provisions of Eections 51-3-1 through 51-3-35. The 

membership of the permit board shall be composed of the chief of the Bureau 

of Environmental Health of the State Board of Health, or his designee; the 

Executive Director of the Department of Wildlife, Fisheries and Parks, or his 

designee; the Director of the Bureau of Land and Water Resources of the 

Department of Environmental Quality, or his designee; the Supervisor of the State Oil and Gas Board, or his designee; the Executive Director of the 

Department of Marine Resources, or his designee; the Director of the Bureau 

of Geology and Energy Resources of the Department of Environmental Quality, or his designee; the Commissioner of Agriculture and Commerce, or his 

designee; a retired professional engineer knowledgeable in the engineering of 

water wells and water supply systems, to be appointed by the Governor for a 

term concurrent with that of the Governor and until his successor is ap 

pinted and qualified; and a retired water well contractor, to be appointed by 

the Governor for a term concurrent with that of the Governor and until his 

~iuccessor is appointed and qualified. The retired professional engineer and 

the retired water well contractor shall only vote on matters pertaining to the 

Bureau of Land and Water Resources. 

(2) Members of the permit board who are officers and employees of the 

state shall receive no compensation for their services on the board, but other 

board members shali receive per diem compensation as provided in Section 

23-3-69, A11 board members shall be reimbursed for actual and necessary ex- 
IN GENERAL 

SEC. 

49-22. Definitions. 49-2-7. Department of Environmental Quality assuming powers and duties of Department of Natural Resources; organization of department; duties. 

49-2-11. Economic and fiscal impact statements; prerequisite to enactment of rule or 

regulation and notice of action; effect of statements. 

49.2-27. Repealed 

49-2-29. Strategic plan for operations of Department of Environmental Quality. 

49-2-31. Comparative risk assessment, 

5 49-2-1. Declaration of purpose. 

Cross referencesMississippi Brownfields Voluntary Cleanup and Redevelopment Act, see § 49-35-1 et 

seq. Research and Practice ReferenceBennett, Environmental Concerns in Banlauptcy Litigation. 10 Miss C L R 5, Fall 1989. 

Hauberg and Dawkins, Framework for an Environmental Crimes Act in Mississippi 61 

Miss L J 256 (Fall 1991). 

5 49-2-2. Definitions. 

For purposes of this chapter, the following words and phtases shall have the 

meanings ascribed herein, unless the context otherwise requires: 

(a) "Department" means the Mississippi Department of Environmental Quality. 

(b) "Commission" means the Mississippi Commission on Environmental 

Quality. 

(c) "Office" means an administrative subdivision of the department. 

(d) "Executive director" means the chief officer of the department. 

(e) "Environmental self-evaluation report" means any document, including 

any audit, report, finding, communication, or opinion or any draft of an audit, 

report, finding, communication or opinion, prepared solely as a part of or in 

connection with a voluntary self-assessment that is done in good faith, which 

report is kept and maintained solely within the confines of the evaluated party. 

(0 'Toluntary self-evaluation" means a self-initiated internal assessment. 

audit, or review, not othemise expressly requked by environmental law, of a 

16 For assistance call 1-900325-1880 
y 

p

SOCRCES: Laws. 1!)4.i. ch. 627. 5 .:, ell from and after July 1, 1'3'~~. 

-424 Department of Environmental Quality; executive director: 

qualifications. 

Cross referencesProcedures for pubtication. adoption. amendment or repeal of rules and regulations 

necessary to implement any law administered by the department of Environmental 

Quality, see 5 49-17-25. 

5 -19-2-5. Commission on Environmental Quality. 

Cross referencesPromulgation of rules and regulations by commission on environmental quality for 

administration of Surface Coal Mining and Reclamation Law. see 4 33-9-11. 

JUDICLU, DECISIONS 

1. In Generl inconsistent in view of the process in which 

The blississippi Commission on Environ- $56 19-2-1 et seq. and 49-17-1 et seq. demental Quality (Commission) acted arbi- termine the hierarchy ad method in which trarily and capriciously, and in conflict with the ~~~~~i~~ and the issi sip pi E~,,,- the moratorium statute (9 17-17-.59), in de- ,n,ental ~~~li~~ permit Board are to gov- ciding that it had no jurisdiction pertaining ern, and 61 li-li-l et seq. delegat- to the issuance, modiiicstion. revocation or 

transfer of a non-hazardous solid waste dis- ed authority to the Commission to enact 

posal permit while dso holding that it did sufficient rules and regulations to both dehave jurisdiction over the and sub- fie "tmsfe?' and suificiently carry out 

ject matter concerning Commission rules the process as a matter of important public 

and regulations requiring the contract oper- policy. Mississippi Dept. of Environmental 

ator of the solid waste facility to hold a Quality v. Weems (Miss. 1995) 653 SO..'^ 

perrnit; these :! determinations were totally 266. 

9 49-24, Mississippi Commission on ~nvironmental. Quality assuming 

powers and duties of Mississippi Commission on Natural Resources. 

JUDICI-IL DECISIOSS 

I. In General cidinq that it had no jurisdiction pertaining 

The )[issijsippi Commission on Environ- to the issuance. modification. revocation or 

menrd Quality (Commission) acted arbi- transfer of a non-hazardous solid waste dijtruly and clrpriciously. and in conrlict with posal permit while also noldiny that it tli~l 

cht! rnuratc~rium statute (3 1;-1749). in tle- have jurisdiction over the parties and subFor assi~tance cull l-~t~I~I".Y-lW) 17 
Inc. v Mmre (1990, SD Mimj 748 F Supp 1156. 

The Attorney General WM authorized to 

assume control of the defense of a racial 

discrimination suit against the Board of 

viewable by courta to survive constitutional 

scrutiny. Wade v Sii~iuippi Cooperative Ex. 

tension Service (1975, ND Miss) 392 F Supp 229. 

8 7-3-3. Deputy attorney general. 

There shall be no more than two (2) deputy attorneys general whose 

qualifications shall be the same as that of the Attorney General, who shall 

be appointed by the Attorney General to serve at his will and pleasure and 

whose compensation shall be fued by the Legislature. The Attorney General 

may, in writing filed with the office of the Secretary of State, designate the 

deputy attorneys general to perform any duties and powers conferred on the 

Attorney General and to serve in his place and stead on any nonconstitutional board or cornmirrsion for a particular meeting or seriea of called or 

regular meetings; and on such boarda or commissions the deputy attorney 

general's vote, decision or signature thereon shall have the full force and 

effect and shall be legal and binding on the State of Mississippi aa if the 

Attorney General had personally participated in such meeting or meetings. 

SOURCES Codes, 1830,136LM; 1942 9 3826; Laws, 1930, ch, 164; 1970, ch 348.8 1; 1986, cb. 

347, eU itom and &or July 1,1985. 

Crou relersncmOath of office, wo Mim Const g 288. 

Before whom oath of omce u to ba taken, sea $25-1-9. 

Place of filing of oath of ofice, me 4 25-1-11. 

Requirement of atate oefcialr to make guaranty or surety ban&, see 125-1-13. 

Compenaation of deputy attorney general, aca 8 2tM-33. 

Remuch utd Practice References7 Am Jur Zd, Attorney General 8 3. 

7A CJS. Attorney General $9 4, 5. 

$7-6-6. Assistants to the attorney general. 

The attorney general shall appoint nine (9) competent attorneys, each of 

whom shall be designated ae an assistant attorney general. The assistants 

shall each posaeaa all of the qualiacations required by law of the attorney 

general and shall have power and authority under the direction and 

supervision of the attorney general to perform all of the duties required by 

law of that officer; and each shall be liable to the pains and penalties to 

which the attorney general is liable. The assistants shall serve at the will 

and pleasure of the attorney general, and they shall devote their entire time 

and attention to the duties pertaining to the department of justice as 
courts of any suit, filed or threatened, against the state of Mississippi, 

against any subdivision thereof, or against any agency or instrumentality of 

said state or subdivision, including all elected officials and any other officer 

or employee thereof. When the circumstances permit, such assistants may 

perform any of the attorney general's powers and duties, including but not 

limited to engaging in lawsuits outside the state when in his opinion same 

would help bring about the equal application of federal laws and court 

decisions in every state and guaranteeing equal protection of the laws as 

guaranteed every citizen by the United States Constitution. To further 

prosecute and insure such purposes, the attorney general irc hereby further 

expressly authorized, empowered, and directed to employ such additional 

counsel as special assistant attorneys general as may be necessary or 

advisable, on a fee or contract basis; and the attorney general shall be the 

sole judge of the compensation in such cams. 

The attorney general may discharge any assistant attorney general or 

special mistant attorney general at his pleaaure and appoint another in his 

stead. The assistant attorneys general shall devote their entire time and 

attention to the dutiea pertaining to the department of justice under the 

control and supervision of the attorney general. 

SOURCES: Cod* IsOB, 1 163; Hemlngwsy'r 1817, 1 3471; 1930, 1 3668: 1942, $5 3831, 3827- 01, 3827-041 IAW% 1904 ch. 68; 1929, ch. 11; 1930, ch. 1M: 1866, ch. 358, 1; 1960, ch. 

2701 lo@& ch. 487, $5 1. 4i 1970, ch. 348, $9 2. 3, eff from and after pmsago (approved 

April 1, 1970). 

Crom referenccn-- 

Appointment and duties of revisor of statutes, see j 7-611. 

Salariea of mintant attorney general, see g 25-3-33. 

Attorney general appointing asshtant attorney general to represent state board of funeral 

service, Q 73-1 1-49. 

Attorney general appointing an aslistant attorney general to advise public service cornmib 

sion, see 8 77-3-9. 

Remuch and F'rsctice Referenctb 

7 Am Jur 24 Attorney General g 3. 7A CJS, Attorney General 59 4,s. 

$ 76'7. Special counsel and investigators. 

The governor may engage counsel to assist the attorney general in cases 

to which the state is a party when, in his opinion, the interest of the state 

requires it, subject to the action of the legislature in providing compensation 

for such services. 

The attorney general is hereby authorized and empowered to appoint and 

employ special counsel, on a fee or salary basis, to assist the attorney 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"REGULATIONS FOR LEAD-BASED PAINT ACTIVITIES" 

APC-S-9 

Amended December 10,2009 
I . Accreditation of Training Programs .................................................................................. 11 

Scope ................................................................................................................................ 11 

Application Process ....................................................................................................... 11 

Requirements for the Accreditation of Training Programs .............................................. 12 

Minimum Training Curriculum Requirements ................................................................ 15 

Requirements for the Accreditation of Refresher Training Programs ............................. 19 

Re-accreditation of Training Programs ............................................................................ 21 

Suspension. Revocation. and Modification of Accredited Training Programs ............... 22 

Procedures for Suspension. Revocation. or Modification of Training Program 

Accreditation ................................................................................................................... 22 

I . Training Program Recordkeeping Requirements ............................................................. 23 

J . Training Course Notification ........................................................................................... 23 

K . Non-English Language Courses ...................................................................................... 24 

H . .................................................................................... 

. 

Type and Duration of Certificates 

....................................................................................................................... 

25 

J Reciprocity 25 

I1 . Certification of Individuals and Firms Engaged in Lead-Based Paint Activities 

A . Certification of Individuals .............................................................................................. 26 

B . Inspector ........................................................................................................................... 26 

C . Risk Assessor ................................................................................................................... 27 

D . Supewisor ........................................................................................................................ 27 E . Project Designer ............................................................................................................... 28 F . Abatement Worker ........................................................................................................... 28 

G . Renovator ......................................................................................................................... 29 

H . Dust Sampling Technician ............................................................................................... 30 

I . Documents ....................................................................................................................... 30 

J . Certification Based on Prior Training .............................................................................. I 

K . Re-Certification ................................................................................................................ 31 L . Certification of Firms ....................................................................................................... 32 

M . Suspension, Revocation, and Modification of Certifications of Individuals Engaged in 

Lead-Based Paint Activities ............................................................................................. 33 

N . Suspension, Revocation, and Modification of Certifications of Firms Engaged in 

Lead-Based Paint Activities ............................................................................................. 33 

0 . Procedures for Suspension, Revocation, or Modification ofthe Certification of Individuals or 

Firms ................................................................................................................................ 33 

P . Type and Duration of Certificates .................................................................................... 34 

Q . Reciprocity ....................................................................................................................... 34 

Regulat~ons for Lead-based Pamt Actrv~t~es 

Amended Decemher 10. 2009 
Abatement ........................................................................................................................ 40 

Renovation ....................................................................................................................... 43 

Collection and Laboratory Analysis of Samples ............................................................. 54 Composite Dust Sampling ............................................................................................... 54 

Recordkeeping ................................................................................................................. 54 

Project Notifications ........................................................................................................ 54 Lead-Based Paint Activities Requirements ..................................................................... 56 

IV . Compliance Monitoring and Enforcement 

A . Compliance Inspections and Investigations ..................................................................... 57 

B . Enforcement . Penalties. Reprimands. Suspensions. Revocation of Certificates. 

Proceedings. and Hearings before the Commission and Appeals ................................... 57 

C . Severability ...................................................................................................................... 57 

A&nded December 10.2009 
work practice standards for performing such activities. No person may engage in lead

based paint 

activities in target housing or child-occupied facilities as an inspector, risk assessor, project designer, 

supervisor, worker, renovator, dust sampling technician, or firrn on or after the effective date ofthese 

regulations, unless applicable initial or renewed certificates to so engage in lead-based paint 

activities have been issued to such persons by the Commission, and are currently in effect. No firm 

shall employ any person on a lead-based paint activity who does not possess a current certificate 

issued by the Commission. No individual will be certified as an inspector, risk assessor, or 

supervisor until the individual has passed the required certification (3rd party) examination for the 

discipline. These regulations are applicable to all persons engaged in lead-based paint activities in target 

housing and child-occupied facilities. Persons who perform lead-based paint activities within 

residential dwellings that they own are exempt from the regulations unless the residential dwelling is 

occupied by a person or persons other than the owner or 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 as determined by the United States Department of Health and Human 

Services; Centers for Disease Control and Prevention. 

Also exempt from the required work practice standards of the regulations are renovations performed 

in target housing if 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 firrn will not be required to use the work practices applicable to 

renovation activities. These regulations do not require the performance of lead-based paint activities but establish 

requirements and procedures to follow when lead-based paint activities are performed. 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 of the requirements of these regulations regarding 

lead-based paint, lead-based paint activities and lead-based paint hazards. 

These regulations require that owners and occupants of target housing and child-occupied facilities 

receive information on lead-based paint hazards before renovations begin. The pamphlet, Renovate 

Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, must be 

distributed. 

Compliance with these regulations shall not affect or substitute for compliance with all other applicable laws and regulations of the United States Department of Housing and Urban 

Development, the United States Occupational Safety and Health Administration, the United States 

Regulations for Lead-based Pamt Activ~t~es 

Amended December 10,2009 
reflect the type of certificate and the size of the project, as the case may be. Fees for more than one 

(1) discipline shall be paid by a separate check or money order for each discipline. All fees shall be 

submitted to the Commission by check or money order, payable to the Lead-Based Paint Program 

Operations Funds. 

Kegulat~ons for Lead-bawd Pant Act~v~tles 

Amended December 10 2009 
the removal or covering of lead

contaminated soil; and 

b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated 

with such measures. 

c. Specifically, abatement includes, but is not limited to: 

(1) Projects for which there is a written contract or other documentation, which provides that 

a person will be conducting activities in or to a residential dwelling or child-occupied 

facility that will result in the permanent elimination of lead-based paint hazards; or are 

designed to permanently eliminate lead-based paint hazards as defined in this section. 

(2) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by 

persons certified in accordance with Chapter 11, unless such projects are covered by 

subsection d. of this definition: 

(3) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by 

persons who, through their company name or promotional literature, represent, advertise, 

or hold themselves out to be in the business of performing lead-based paint activities as 

identified and defined by this section, unless such projects are covered by subsection d. 

of this definition; or 

(4) Projects resulting in the permanent elimination of lead-based paint hazards, that are 

conducted in response to State or local abatement orders. 

d. Abatement does not include renovation, remodeling, painting or repainting, 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. 

2. "Accredited training program" means a training program that has been accredited by either the 

Commission, the United States Environmental Protection Agency (EPA) or an EPA-approved 

lead-based paint program in a state or tribe with reciprocity agreements with the Commission, to 

provide training for individuals engaged in lead-based paint activities. 

3. "Adequate quality control" means a plan or design to ensure the authenticity, integrity, and 

accuracy ofsamples, including dust, soil, and paint chip or paint film samples. Adequate quality 

control also includes provisions for representative sampling. 

Regulat~ons for 1 cad-based Pant Actrv~t~es Amended December 10, 2009 
g 

p

, 

g

y 

y 

, 

y

g

, 

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. 

b'Child-occupied facility", as the term applies to renovations, 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. 

8. "Clearance levels" are values that indicate the maximum amount of lead permitted in dust on a 

surface following completion of an abatement or renovation activity. 

9. "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. 

10. "Commission" means the Mississippi Commission on Environmental Quality 

1 1. "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. 

12. "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 

Kegulatlons for Lead-based Pam! Actwct~es 

Amended December 10,2009 
to the lead-contaminated dust and debris created during an abatement or renovation. 

14. "Course agenda" means an outline of the key topics to be covered during a training course. 

including the time allotted to teach each topic. 

15. "Course test" means an evaluation of the overall effectiveness ofthe training which shall test the 

trainee's knowledge and retention of the topics covered during the course. 

16. "Course test blue print" means written documentation identifying the proportion of course test 

questions devoted to each major topic in the course curriculum. 

17. "Department" means the Mississippi Department of Environmental Quality. 

18. "Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise 

separating from the substrate of a building component or unit. 

19. "Discipline" means one ofthe 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 the Commission. For example, "worker" is a discipline. 

20. "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, room, or 

unit of a building structure. 

2 1. "Documented methodologies" are methods or protocols used to sample for the presence of lead 

in paint, dust, and soil. 

22. "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. 

23. "Dust sampling technician'' means an individual employed to perform dust clearance sampling. 

24. "Elevated blood lead level (EBL)" means an excessive absorption of lead as determined by the 

United States Department of Health and Human Services; Centers for Disease Control and 

Prevention. 

25. "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. 

Regulatrons for ].cad-based Pamt Act~v~t~es Amended December 10,2009 
29. "Executive Director'' means the Executive Director of the Mississippi Department of 

Environmental Quality. 

30. "Firm" means a company, partnership, corporation, sole proprietorship or individual doing 

business, association, or other business entity that performs or offers to perform lead-based paint 

activities. This term also includes a Federal, State, Tribal, or local government agency, or a 

nonprofit organization that performs or offers to perform lead-based paint activities. 

3 1. "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. 

32. "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 

dekgnedsb that all the air drawn into the machine is expelled through the HEPA filter with none 

of the air leaking past it. 

33. "Hands-on skills assessment" means an evaluation which tests the trainees' ability to 

satisfactorily perform the work practices and procedures identified in Chapter I. D., as well as 

any other skills taught in a training course. 

34. "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. 

35. "Inspector" means an individual employed to inspect or reinspect for the presence of lead-based 

paint, to collect samples for the presence of lead in dust and soil for the purposes of abatement 

and renovation clearance testing and to prepare inspection reports. 

36. "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. 

37. "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. 

38. "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, 

inspection, risk assessment, renovation, and abatement, as defined in this section. 

39. "Lead-based paint hazard" means any condition that causes exposure to lead from leadRegulat~ons for Lead-based Pamt Act~v~tres 

Amended December 10,2009 
the Department pursuant to TSCA Section 403. 

4 1. "Lead-contaminated soil" means bare soil on residential real property and on the property of a 

child-occupied facility that contains lead at or in excess of levels identified by the Department 

pursuant to TSCA section 403. 

42. "Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust 

sampling as described in Chapter 111. C. 

43. "Living area", involving abatement activities, 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 

44. "Living area", in the case of renovations, means any area ofa residential dwelling used by one or 

more children age 5 or under, including, but not limited to, living rooms, kitchen areas, dens, 

play rooms, and children's bedrooms. 

45. "Minor repair and maintenance activities" are activities including minor heating, ventilation or 

air conditioning work, electrical work, and plumbing, that disrupts 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 paragraph 

F.2.a.(3) of Chapter I11 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. 

46. "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. 

47. "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 ofdeteriorated paint on interior 

components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent 

ofthe total surface area of the component is deteriorated on interior or exterior components with 

small surface areas (window sills, baseboards, soffits. trim). 

48. "Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard InJrirmation 

jor 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 

Regular~ons for Lead-based Pant Actlvftfes 

Amended December 10,2009 
49. 

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. 

50. "Person" means any natural orjudicial 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. 

5 1. "Principal instructor" means the individual who has the primary responsibility for organizing and 

teaching a particular course. 

52. "Project designer" means an individual employed to prepare abatement project designs, occupant 

protection plans and abatement project reports. 

53. "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. 

54. "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. 

55. "Reduction" means measures designed to reduce or eliminate human exposure to lead-based 

paint hazards through methods including interim controls, and abatement. 

56. "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 regulation. 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 or a building, into target housing or a childoccupied facility is a renovation under this subpart. The term renovation does not include minor 

repair and maintenance activities. 

57. "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 

Regulations for Lead-haed Pamt Actn~t~es 

Amended December 10.2009 
59. "Risk assessment" means (I) 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 person 

conducting the risk assessment, explaining the results of the investigation and options for 

reducing lead-based paint hazards. 

60. "Risk assessor" means an individual employed to conduct risk assessments and lead hazard 

screens. to prepare inspection reports and to collect samples for the presence of lead in dust and 

soil for the purposes of abatement and renovation clearance testing. 

61. "Room" means an enclosed or semi-enclosed living space within a residential dwelling or a 

child-occupied facility. 

62. "Supervisor" means an individual designated by a contractor or certified firm to be responsible 

for the direction and conduct of lead-based paint abatement activities and to prepare occupant 

protection plans and abatement reports. 

63. "Target housing", as the term applies to abatement activities, 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 zero-bedroom dwelling. 

64. "Target housing" as the term applies to renovations, means any housing constructed before 1978, 

except housing for the elderly or persons with disabilities (unless any one or more children under 

the age of 6 years resides or is expected to reside in that housing for the elderly or persons with 

disabilities) or any zero-bedroom dwelling. 

65. "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. 

66. "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, andlor 

hands-on experience. 

67. "Training manager" means the individual responsible for administering a training program and 

monitoring the performance of principal instructors and guest instructors. 

68. "Visual inspection for clearance testing" means the visual examination of a residential dwelling 

or a child-occupied facility following an abatement or renovation to determine whether or not the 

abatement or renovation has been successfully completed. 

Regulattons for Lead-based Paint Acttvtt~es 

Amended I>ecember 10,2000 
7 1. "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. 

72. "Work area" means the area that the certified renovator establishes to contain the dust and debris 

generated by a renovation. 

73. "Worker", as the term applies to abatements, means an individual certified as a worker to work 

on abatement projects. 

74. "Worker", as the term applies to renovations, means an individual trained by a certified 

renovator to work on a renovation project. 

Regulatrons for Lead-based Pamt Act~vrtres 

Amended December 10.2009 
accreditation to offer refresher courses for each of the above listed disciplines. 

2. A training program shall not provide. offer, or claim to provide Commission accredited leadbased paint activities courses without applying for and receiving accreditation from the 

Commission as required under paragraph B. of this chapter on or after August 3 1, 1998. 

B . Applicarion Process. 

The following are procedures a training program shall follow to receive Commission 

accreditation to offer lead-based paint activities courses: 

1. A training program seeking accreditation shall submit the required accreditation fee along 

with the completed form prescribed by the Commission containing the following 

information: 

a. The training program's name, address, and telephone number. 

b. A list of courses for which it is applying for accreditation. 

c. A statement signed by the training program manager certifying that the training program 

meets the requirements established in paragraph C. of this chapter. 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, the training program manager shall 

include a statement certifying that, as well. 

d. A copy of the student and instructor manuals, or other materials to be used for each 

course. 

e. A copy of the course agenda for each course, including the time allotted to teaching each 

course topic. 

f. A copy of the course examination with the correct answers marked for each question. 

g. All training programs shall include in their application for accreditation the following: 

(1) A description of the facilities and equipment to be used for lecture and hands-on 

training. 

(2) A copy of the course test blueprint for each course. (3) A description of the activities and procedures that will be used for conducting the 

Regulat~ons for 1-cad-based Pant Act~v~t~es 

Amended December 10,2009 
2. If a training program meets the requirements in paragraph C. of this chapter, then the 

Commission shall approve the application for accreditation no more than 180 days after 

receiving a complete application from the training program contingent upon a satisfactory 

on-site course audit by the Department. 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 Department may, at its discretion, work with the applicant to address inadequacies in the application for 

accreditation. The Department may also request additional materials retained by the training 

program, under paragraph I. of this chapter. 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 chapter. 

4. For the purposes of this chapter, courses taught in different languages are considered 

different courses and each must independently meet the accreditation requirements. 

5. 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. 

C. Requirementsfor the Accreditation of Training Programs. 

For a training program to obtain accreditation from the Commission to offer lead-based paint 

activities courses, the program shall meet the following requirements for each discipline for which the program is seeking accreditation: 

1. The training program shall employ a training manager who has: 

a. At least 2 years of experience, education, or training in teaching adults; or 

b. 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 

c. Two years of experience in managing a training program specializing in environmental 

hazards; and 

d. Demonstrated 2 years experience, education, or training in the construction industry 

Regulat~ons for Lend-based Pamt Act~v~t~es 

Amended [kcember 10.2009 
EPA-accredited or EPA-authorized State or Tribal-accredited training course to be 

taught; and 

c. 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. Guest instructors that teach work practice standards and hands-on 

activities must meet the qualifications of the principal instructor. 

4. The following documents shall be recognized by the Commission as evidence that training 

managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in paragraphs C. I. and C.2. of 

this chapter. 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 1. of this chapter. Those documents 

include the following: 

a. Official academic transcripts or diploma as evidence of meeting the education 

requirements. 

b. Resumes, letters of reference. or documentation of work experience as evidence of 

meeting the work experience requirements. 

c. Certificates from the 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: 

a. 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 D. 1. of this chapter. 

Regulat~ons for Lead-based Pant Act~v~ttes 

Amended December 10.2009 
supervisor course are contained in paragraph D.3. of this chapter. 

d. 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 chapter. 

e. 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 

chapter. 

f. The renovator course shall 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 chapter. Hands-on training 

activities must cover renovation methods that minimize the creation of dust and leadbased paint hazards, interior and exterior containment and cleanup methods, and postrenovation cleaning verification. 

g. The dust sampling technician course shall last a minimum of 8 training hours, with a 

minimum of 2 hours devoted to hands-on training activities. The minimum curriculum 

requirements for the dust sampling technician course are contained in paragraph D.7. of 

this chapter. Hands-on training activities must cover dust sampling methodologies. 

7. For each course offered, the training program shall conduct a course test at the completion of 

the course, and if applicable, a hands-on skills assessment. Each individual must 

successfully complete the hands-on skills assessment and receive a minimum score of 70% 

on the course test to pass any course. 

a. The training manager is responsible for maintaining the validity and integrity of the 

hands-on skills assessment to ensure that it accurately evaluates the trainees7 

performance of the work practices and procedures associated with the course topics 

contained in paragraph D. of this chapter. 

b. The training manager is responsible for maintaining the validity and integrity of the 

course test to ensure that it accurately evaluates the trainees7 knowledge and retention of 

the course topics. 

c. 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 

llegulat~ons for Lead-based Pam Act~v~t~es 

Amended Decembcr 10.2009 
The name, address, and telephone number of the training program. 

The printed name and signature of the training manager and printed name of the principal 

instructor. 

The language in which the course was taught, if other than English. 

An "approval statement" including the name of the approving agency(s) and dates 

approvals were issued. 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: 

a. Procedures for periodic revision of training materials and the course test to reflect 

innovations in the field. 

b. Procedures for the training manager's annual review of principal instructor competency. 

10. The training program shall offer courses which teach the work practice standards for 

conducting lead-based paint activities contained in Chapter 111 and other standards developed 

by EPA pursuant to Title IV of TSCA. These standards shall be taught in the appropriate 

courses to provide trainees with the knowledge needed to perform the lead-based paint 

activities they are responsible for conducting. 

1 I. The training manager shall be responsible for ensuring that the training program complies at 

all times with all of the requirements in this chapter. 

12. The training manager shall allow the Department to audit the training program to verify the 

contents of the application for accreditation as described in paragraph B. of this chapter and 

to assure compliance with all requirements of the regulations regarding training. 

D. hfinimtrm Trnining 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. 

Kegulatlons for L.ead-based Pamt Actlv~tles 

Amended December lO,2009 
g

, 

, 

g

g

pertains to lead-based paint and lead-based paint activities. 

Lead-based paint inspection methods, including selection of rooms and components for 

sampling or testing. 

Paint, dust, and soil sampling methodologies. 

Clearance standards and testing, including random sampling. 

Preparation of the final inspection report. 

Recordkeeping. 

Requirements d., e., f., and g. require hands-on activities as an integral component of the 

course. 

2. Risk Assessor 

a. Role and responsibilities of a risk assessor. 

b. Collection of background information to perform a risk assessment. 

c. Sources of environmental lead contamination such as paint, surface dust and soil, water, 

air, packaging, and food. 

d. Visual inspection for the purposes of identifying potential sources of lead-based paint 

hazards. 

e. Lead hazard screen protocol. 

f. Sampling for other sources of lead exposure. 

g. 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. 

h. Development of hazard control options, the role of interim controls, and operations and 

maintenance activities to reduce lead-based paint hazards. 

i. Preparation of a final risk assessment report. 

Reguldtions for Lead-based Palnt Act~v~t~es 

Amended December 10,2009 
Background information on lead and its adverse health effects. 

Background information on Federal, State, and local regulations and guidance that 

pertain to lead-based paint abatement. 

Liability and insurance issues related to lead-based paint abatement. 

Risk assessment and inspection report interpretation. 

Development and implementation of an occupant protection plan and abatement report. 

Lead-based paint hazard recognition and control. 

Lead-based paint abatement and lead-based paint hazard reduction methods, including 

restricted practices. 

Interior dust abatementlcleanup or lead-based paint hazard control and reduction 

methods. 

Soil and exterior dust abatement or lead-based paint hazard control and reduction 

methods. 

Clearance standards and testing. 

Cleanup and waste disposal. 

m. Recordkeeping. 

Requirements e., g., h., i., and j. require hands-on activities as an integral component of the 

course. 

4. Project Designer 

a. Role and responsibilities of a project designer. 

b. Development and implementation of an occupant protection plan for large scale 

abatement projects. 

c. Lead-based paint abatement and lead-based paint hazard reduction methods, including 

restricted practices for large-scale abatement projects. 

Kegulat~ons for Lead-based Pamt Act~v~t~es 

Amended December 10.2009 
5. Abatement Worker 

a. Role and responsibilities of an abatement worker. 

b. Background information on lead and its adverse health effects. 

c. Background information on Federal, State, and local regulations and guidance that 

pertain to lead-based paint abatement. 

d. Lead-based paint hazard recognition and control. 

e. Lead-based paint abatement and lead-based paint hazard reduction methods, including 

restricted practices. 

f. Interior dust abatement methods/cleanup or lead-based paint hazard reduction. 

g. Soil and exterior dust abatement methods or lead-based paint hazard reduction. 

Requirements d., e., f., and g. require hands-on activities as an integral component of the 

course. 

6. Renovator 

a. Role and responsibilities of a renovator. b. Background information on lead and its adverse health effects. 

c. Background information on EPA, HUD, OSHA, and other Federal, State, and local 

regulations and guidance that pertains to lead-based paint and renovation activities. 

d. Procedures for using acceptable test kits to determine whether paint is lead-based paint. 

e. Renovation methods to minimize the creation of dust and lead-based paint hazards. 

f. Interior and exterior containment and cleanup methods. 

g. - Methods to ensure that the renovation has been properly completed, including cleaning 

verification, and clearance testing. 

Reeulatrons for Lead-based Paint Aclivtt~es 

~Gnded December 10.2009 
7. Dust sampling technician 

a. Role and responsibilities of a dust sampling technician. 

b. Background information on lead and its adverse health effects. 

c. Background information on Federal, State, and local regulations and guidance that 

pertains to lead-based paint and renovation activities. 

d. Dust sampling methodologies. 

e. Clearance standards and testing. 

f. Report preparation. 

Requirement d. requires hands-on activities as an integral component of the course. 

E. Requirements for the Accreditation of Repesher Training Programs. 

A training program may seek accreditation to offer refresher courses in any of the following 

disciplines: inspector, risk assessor, supervisor, project designer, renovator, dust sampling 

technician, and abatement worker. To obtain Commission 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 chapter, 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: 

a. An overview of current safety practices relating to lead-based paint activities in general, 

as well as specific information pertaining to the appropriate discipline. 

b. Current laws and regulations relating to lead-based paint activities in general, as well as 

specific information pertaining to the appropriate discipline. 

c. Current technologies relating to lead-based paint activities in general, as well as specific 

information pertaining to the appropriate discipline. 

2. Each refresher course, except for the project designer, renovator, and dust sampling 

technician courses, shall last a minimum of 8 training hours. The project designer, 

Regulat~ons for Lead-based Pamt Act~v~t~es 

Amended December 10.2009 
application for accreditation of the corresponding training course as described in paragraph 

B. of this chapter. If so, the Commission shall use the approval procedure described in 

paragraph B. of this chapter. In addition, the minimum requirements contained in paragraphs 

C., except for the requirements in paragraph C.6., and E.l., E.2., and E.3. of this chapter 

shall also apply. 

A training program seeking accreditation to offer refresher training courses only shall submit 

a completed application on forms provided by the Commission containing the following 

information: 

a. The refresher training program's name, address, and telephone number. 

b. A list of courses for which it is applying for accreditation. 

c. A statement signed by the training program manager certifying that the refresher training 

program meets the minimum requirements established in paragraph C. of this chapter, 

except for the requirements in paragraph C.6. of this chapter. 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 to develop its refresher training course 

materials, the training manager shall include a statement certifying that, as well. 

d. A copy of the student and instructor manuals to be used for each course. 

e. A copy of the course agenda for each course. 

f. A copy of the course examination with the correct answers marked for each question. 

g. A11 refresher training programs shall include in their application for accreditation the 

following: 

(1) A description of the facilities and equipment to be used for lecture and hands-on 

training. 

(2) A copy of the course test blueprint for each course. 

(3) A description of the activities and procedures that will be used for conducting the 

assessment of hands-on skills for each course (if applicable). 

(4) A copy of the quality control plan as described in paragraph C.9. of this chapter. 

(5) A list of learning objectives for each lecture, exercise, and hands-on activity. 

Kegulat~ons for Lead-hased Pant Actlvlt~es 

Amended December 10.2009 
Department. 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 Commission may, at its discretion, 

work with the applicant to address inadequacies in the application for accreditation. The 

Commission may also request additional materials retained by the refresher training 

program under paragraph I. of this chapter. 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 chapter, the training program shall be re-accredited. 

2. A training program seeking re-accreditation shall submit an application to the Commission 

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 Commission 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: 

a. The training program's name, address, and telephone number. 

b. A list of courses for which it is applying for re-accreditation. 

c. A description of any changes to the training facility, equipment, or course materials since 

the last application was approved. 

d. A statement signed by the program manager stating: 

(I) That the training program complies at all times with all requirements in paragraphs 

C. and E. of this chapter, as applicable; and 

(2) The recordkeeping and reporting requirements in paragraph I. of this chapter shall be 

followed. 

4. Upon request, the training program shall allow the Department to audit the training program 

to verify the contents of the application for re-accreditation as described in paragraph F.3. of . . - - 

this chapter and to assure compliance with all requirements of the regulations regarding 

training. 

Reeulat~ons for Lead-based Pamt Act1vltle5 
a. Misrepresented the contents of a training course to the Commission and/or the student 

population. 

b. Failed to submit required information or notifications in a timely manner. 

c. Failed to maintain required records. 

d. Falsified accreditation records, instructor qualifications, or other accreditation-related 

information or documentation. 

e. Failed to comply with the training standards and requirements in this chapter. 

f. Failed to comply with Federal, State, or local lead-based paint statutes or regulations. 

g. Made false or misleading statements to the Commission in its application for 

accreditation or re-accreditation which the Commission relied upon in approving the 

application. 

H. Procedures for Suspension, Revocation or ModiJication of Training Program Accreditation. 

1. Prior to taking action to suspend, revoke, or modify the accreditation of a training program, 

the Commission shall notify the affected entity in writing of the following: 

a. The legal and factual basis for the suspension, revocation, or modification. 

b. The anticipated commencement date and duration of the suspension, revocation, or 

modification. 

c. Actions, if any, which the affected entity may take to avoid suspension, revocation, or 

modification, or to receive accreditation in the future. 

d. The opportunity and method for requesting a hearing prior to final Commission action to 

suspend, revoke or modify accreditation. 

e. Any additional information, as appropriate, which the Commission may provide. 

2. If a hearing is requested by the accredited training program, all proceedings and hearings 

before the Commission shall be conducted in accordance with sections 49- 17-3 1 through 49- - 

17-41, Mississippi Code of 1972. 

Regulattons for Lead-based Pamt Actlvtt~es 

Amended December 10,2009 
and principal instructors. 

b. Current curriculurn/course materials and documents reflecting any changes made to these 

materials. 

c. The course test blueprint. 

d. Information regarding how the hands-on assessment is conducted including, but not 

limited to: 

(1) Who conducts the assessment. 

(2) How the skills are graded. (3) What facilities are used. 

(4) The passlfail rate. 

e. The quality control plan as described in paragraph C.9. of this chapter. 

f. Results of the student's hands-on skills assessments and course tests, and a record of 

each student's course completion certificate. 

g. Any other material not listed above in paragraphs I. 1 .a. through 1.1 .f. of this chapter that 

was submitted to the Commission as part ofthe 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 1.3. of this 

chapter) for a minimum of 3 years and 6 months. 

3. The training program shall notify the Commission in writing within 30 days of changing the 

address specified on its training program accreditation application or transferring the records 

from that address. 

J. Training Course No(z$cution. 

I. Not less than ten (10) days prior to the first day of an anticipated training course, training 

course providers must provide written notification to the Department, on forms developed by 

the Department, of the following: 

a. The course discipline; 

Regulatfons for Lead-based Pant Act~v~t~es 

Amended December 10,2009 
d. Information about the language to be used in the training course; 

e. The name of the principal instructor; and 

f. A copy of the training course agenda. (If the agenda is identical to an agenda which has 

previously been submitted, an additional copy of the agenda is not required with the 

notification). 

2. Failure to provide re-notification of changes in the time or location of the training course or 

any other information listed on the original notification within two (2) working days prior to 

the first day of the pending training course may lead to rejection of any certificate of training 

issued by the training provider in support of individual accreditation in Mississippi. 

3. Within seven (7) calendar days after completion of a training course, the training course 

provider must provide the Department with a written roster containing the following: 

a. The name of the course indicating the discipline and whether the course is an initial or 

refresher training course; 

b. The names of all course applicants; 

c. For each participant, whether the participant passed or failed the examination; 

d. The date, time and location of the training course; 

e. For each participant, the training certificate number; 

f. The name of the principal instructor&; 

g. The name, address and phone number of the training provider; and 

h. For renovator or dust sampling technician courses only, a digital photograph of each 

participant. 

4. Failure to submit a roster may result in the rejection of any certificate of training submitted 

to the Department in support of an application for accreditation. 

K. Non- English Language Courses. 

The following shall apply to all courses taught in non-English languages: 

Kryuldt~ons for Lead-based Pant Act~vlt~es 

Amended December 10,2009 
L. Type and Duration of Certificates 

Unless the Commission revokes or suspends a certificate, an initial certification of training providers shall be valid for one year. Training providers may obtain a renewal of their 

certificates annually. To maintain certification, training providers must be reaccredited every four (4) years. 

M. Reciprocity 

Any training provider which has been issued a certificate of accreditation in another state or a 

tribe which has certification, educational, and experience requirements equal to or greater than 

those of this State, and which grants equal accreditation privileges to training providers 

accredited in this State, may be issued an equivalent accreditation in this State upon terms and 

conditions determined by the Department. 

Regulat~ons for Lead-bsed Pant Act~v~t~es 

Amended December 10, 2009 
a. Submit to the Commission an application demonstrating that they meet the requirements 

established in paragraphs B. thru H. of this chapter for the particular discipline for which 

certification is sought; or 

b. Submit to the Commission an application with a copy of a valid lead-based paint 

activities certification from a State or Tribal program that has been authorized by EPA 

and has established accreditation and certification reciprocity agreements with the State 

of Mississippi covering the certification being requested. 

2. Following the submission of an application provided by the Department demonstrating that 

all the requirements of this chapter have been met, and the required fee, the Commission 

shall certify an applicant as an inspector, risk assessor, supervisor, project designer, 

renovator, dust sampling technician, or abatement worker, as appropriate. 

3. Upon receiving certification by the Commission, individuals conducting lead-based paint 

activities shall comply with the work practice standards for performing the appropriate leadbased paint activities as established in Chapter 111. 

4. Beginning on the date of adoption, it shall be a violation of these regulations for an 

individual to conduct any of the lead-based paint activities described in Chapter 111 if that 

individual has not been certified by the Commission pursuant to this chapter to do so. 

B. Inspector. 

1. To become certified as an inspector, an individual must: 

a. Have a high school diploma or its equivalent; 

b. Successfully complete an accredited training program for lead-based paint inspectors; 

c. Pass the EPA approved inspector certification exam offered by the Commission; and 

d. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

e. The inspector certification exam must be passed with a minimum score of 70% within 

six (6) months of receiving the course completion certificate. During this six (6) months, 

the certification exam can be taken no more than three (3) times. If an individual does 

not pass the certification exam and receive a certificate within the six (6) month period 

after receiving their course completion certificate, the individual must retake the course 

Regulat~ons for Lead-based Pamt Act~v~tces 

Amended December l0.2009 
(2) Have a bachelor's degree in a profession related to engineering, health or 

environmental science and one ( I) year of experience in a related field. as determined 

by the Commission (e.g., lead, asbestos, or environmental remediation work); or 

(3) Have an associate's degree and two (2) years of experience in a related field, as 

determined by the Commission (e.g., lead, asbestos, or environmental remediation 

work); or 

(4) Have a high school diploma or equivalent and three (3) years of experience in a 

related field, as determined by the Commission (e.g., lead, asbestos, or 

environmental remediation work); 

b. Successfully complete an accredited training program for lead-based paint risk assessors 

and lead-based paint inspectors; 

c. Pass the EPA approved risk assessor certification exam offered by the Commission; 

d. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations; and 

e. The risk assessor certification exam must be passed with a minimum score of 70% within 

six (6) months of receiving the course completion certificate. During this six (6) months, 

the certification exam can be taken no more than three (3) times. If an individual does 

not pass the certification exam and receive a certificate within the six (6) month period 

after receiving their course completion certificate, the individual must retake the course 

from an accredited training program before reapplying for certification from the 

Commission. 

1. To become certified as a supervisor, an individual must: 

a. Have a high school diploma or its equivalent and one (1) year of experience as acertified 

lead-based paint abatement worker or two (2) years of experience in a related field, as 

determined by the Commission (e.g., lead, asbestos, or environmental remediation work) 

or in the building trades; 

b. Successfully complete an accredited training program for lead-based paint supervisors: 

Reeulat~ons - for Lead-based Pamt Act~v~t~es 

Amended I>ecernber lO,2009 
the certification exam can be taken no more than three (3) times. If an individual does 

not pass the certification exam and receive a certificate within the six (6) month period 

after receiving their course completion certificate, the individual must retake the course 

from an accredited training program before reapplying for certification from the 

Commission. 

E. Project Designer. 

1. To become certified as a project designer an individual must: 

a. (I) Be a registered professional engineer or a licensed architect; or 

(2) Have a bachelor's degree in engineering, architecture or a profession 

related to engineering or architecture and one (I) year of experience in building 

design or a related field, as determined by the Commission; or 

(3) Have an associate's degree and two (2) years of experience in building design or a 

related field, as determined by the Commission; or 

(4) Have a high school diploma or equivalent and three (3) years of experience in 

building design or a related field, as determined by the Commission. 

b. Successfully complete an accredited training program for lead-based paint project 

designers and lead-based paint supervisors; and 

c. Demonstrate to the satisfaction ofthe Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

F. Worker. 

1. To become certified as an abatement worker an individual must: 

a. Successfully complete an accredited training program for lead-based paint abatement 

workers; and 

b. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

2. An individual working on renovation projects as a worker does not have to be certified but 

must be trained by a certified renovator to perform the required renovation work duties. 

Regul.~t~ons for Imd-based Pamt Act~vities 

Amrnded December 10,2009 
b. Successfully complete an accredited training program for lead-based paint renovators; 

c. Demonstrate to the satisfaction ofthe Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations; 

d. Individuals who have successfully completed an accredited abatement worker or 

supervisor course, or individuals who have successfully completed courses in lead safe 

work practices meeting Environmental Protection Agency Renovation, Repair, and 

Painting Rule requirements may take an accredited refresher renovator training course in 

lieu of the initial renovator training course to become a certified renovator. 

2. Renovator responsibilities. Certified renovators are responsible for ensuring compliance 

with paragraph F.2. of Chapter I11 at all renovations to which they are assigned. A certified 

renovator must: 

a. Perform all of the tasks described in paragraph F.2.b. of Chapter 111 and must either 

perform or direct workers who perform all of the tasks described in paragraph F.2.a. of 

Chapter 111; 

b. Provide training to workers on the work practices they will be using in performing their 

assigned tasks; 

c. Be physically present at the work site when the signs required by paragraph F.2.a.(l) of 

Chapter I11 are posted, while the work area containment required by paragraph F.2.a.(2) 

of Chapter 111 is being established, and while the work area cleaning required by 

paragraph F.2.a.(5) of Chapter I11 is performed; 

d. 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. 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, use an acceptable test 

kit to determine whether components to be affected by the renovation contain lead-based 

paint; 

g. Have with them at the work site copies of their initial course completion certificate, their 

Kegulat~ons for Lead-based Pam Actlv~t~es Amended December 10,2004 
a. Have a high school diploma or its equivalent; 

b. Successfully complete an accredited training program for lead-based paint dust sampling 

technicians; and 

c. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

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. 

2. Dust sampling technician responsibilities. When performing optional dust clearance 

sampling under paragraph F.2.c. of Chapter Ill, a certified dust sampling technician must: 

a. Collect dust samples in accordance with paragraph E.8. of Chapter 111, 

b. Send the collected samples to a laboratory recognized by EPA under TSCA section 

405(b), and 

c. Compare the results to the clearance levels in accordance with paragraph A.4. of Chapter 

111. 

d. Have with them at the work site a copy of their current Mississippi dust sampling 

technician certification certificate. 

1. Documents. 

1. The following documents shall be recognized by the Commission as evidence of meeting the 

requirements listed in paragraphs B. thru F. of this chapter. 

a. Official academic transcripts or diploma, as evidence of meeting the education 

requirements. 

b. Resumes, letters of reference, or documentation of work experience, as evidence of 

meeting the work experience requirements. 

c. Course completion certificates from lead-specific or other related training courses, issued 

by accredited training programs, as evidence of meeting the training requirements. 

Kegulst~ons for Lead-based Pant Acttvtt~es 

Amended December 10,2009 
by the Commission under the following alternative procedures. 

a. Applicants for certification as an inspector, risk assessor, or supervisor shall: 

(1) Show proof that the applicant has successfully completed training for the appropriate 

discipline. 

(2) Show proof that the applicant meets or exceeds the education andlor experience 

requirements in paragraphs B. thru D. of this chapter for the appropriate discipline. 

(3) Successfully complete an accredited refresher training course for the appropriate 

discipline. 

(4) Pass a certification exam administered by the Commission for the appropriate 

discipline. 

b. Applicants for certification as an abatement worker or project designer shall: 

(1) Show proof that the applicant has successfully completed training for the appropriate 

discipline, 

(2) Show proofthat the applicant meets the education and/or experience requirements in 

paragraph E. or F. of this chapter as applicable; and 

(3) Successfully complete an accredited refresher training course for the appropriate 

discipline. 

2. Individuals shall have until February 1, 1999, to apply to the Commission for certification 

under the above procedures. After that date, all individuals wishing to obtain certification 

must do so through the procedures described in paragraphs A. thru H. of this chapter, 

according to the discipline for which certification is sought. 

1. To maintain certification in the project designer, inspector, risk assessor, renovator, dust 

sampling technician, supervisor and abatement worker disciplines, the certified individual 

shall apply to and be re-certified by the Commission in that discipline every three (3) years. 

2. An individual shall be re-certified if the individual successfully completes the appropriate 

accredited refresher training course and submits the appropriate refresher course completion 

Regulat~ons for Lead-based Pacnt Actw~tces 

Amended December 10,2009 
2. A firm seeking certification shall submit to the Commission: a completed application 

provided by the Department; 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 Chapter 111 for conducting lead-based 

paint activities; and the required fee. 

3. After receiving the firm's application, letter requesting certification, and the required 

certification fee, the Commission shall have 90 days to approve or disapprove the firm's 

request for certification. Within that time, the Commission shall respond with either a 

certificate of approval or a letter describing the reasons for disapproval. 

4. The firm shall maintain all records pursuant to the requirements in Chapter 111. 

5. To maintain their certification, firms must renew their certification license annually by 

submitting the required application and renewal fee. 

6. A firm must amend its certification within 90 days of the date a change occurs to the 

information included in the firm's most recent certification application. 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 the correct amount of 

fees. 

7. 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 paragraph 

(3.2. of this chapter. 

b. A certified renovator is assigned to each renovation performed by the firm and 

discharges all of the certified renovator responsibilities identified in paragraph G.2. of 

this chapter. 

c. All renovations performed by the firm are performed in accordance with the work 

practice standards in paragraph F.2. of Chapter 111. 

d. The pre-renovation education requirements of paragraph F.4. of Chapter I11 have been 

performed. Requires distribution of pamphlet Renovate Right: Important Lead Hazard 

Information for Families, Child Care Providers and Schools. 

e. The recordkeeping requirements of paragraph F.3. of Chapter Ill are met. 

Regulat~ons for Lead-based Pant Act~v~t~es 

Amended December 10.2009 
a. Obtained training documentation through fraudulent means. 

b. Gained admission to and completed an accredited training program through 

misrepresentation of admission requirements. 

c. Obtained certification through misrepresentation of certification requirements or related 

documents dealing with education, training, professional registration, or experience. 

d. Performed work requiring certification at a job site without having proof of certification. 

e. Permitted the duplication or use of the individual's own certificate by another 

f. Performed work for which certification is required, but for which appropriate 

certification has not been received. 

g. Failed to comply with the appropriate work practice standards for lead-based paint 

activities at Chapter 111. 

h. Failed to comply with Federal, State, or local lead-based paint statutes or regulations. 

N. Suspension, Revocation, and Modrfication of Certrfications of Firms Engaged in Lead-Based 

Paint Activities. 

1. The Commission may, after notice and opportunity for hearing, suspend, revoke, or modify a 

firm's certification if a firm has: 

a. Performed work requiring certification at a job site with individuals who are not 

certified. 

b. Failed to comply with the work practice standards established in Chapter 111. 

c. Misrepresented facts in its letter of application for certification to the Commission. 

d. Failed to maintain required records. 

e. Failed to comply with Federal, State, or local lead-based paint statutes or regulations. 

0. Procedures for Suspension, Revocation, or Modrjication of the Certrfication of Individuals or 

Firms. 

Regulat~ons for Lead-based Pamt Actwtt~es 

Amended December 10,2009 
c. Actions, if any, which the individual or affected entity may take to avoid suspension, 

revocation, or modification or to receive certification in the future. 

d. The opportunity and method for requesting a hearing prior to final Commission action to 

suspend. revoke, or modify certification. 

e. Any additional information, as appropriate, which Commission may provide. 

2. If a hearing is requested by the certified individual or firm, all proceedings and hearings 

before the Commission shall be conducted in accordance with Sections 49-1 7-3 1 through 49- 

17-4 1, Mississippi Code of 1972. 

P. Type and Duration of Certificates 

1. Certification of Individuals (Inspectors, Risk Assessors, Project Designers, Supervisors, 

Renovators, Dust Sampling Technicians and Abatement Workers). 

Unless the Commission revokes or suspends a certificate, an initial certificate shall remain in 

effect during the period of time training is effective, but not to exceed one (I) year after the 

date of issuance. To maintain certification in a particular discipline an individual must 

comply with the following requirements: 

a. Each certificate must be renewed annually during the period of required training. 

b. Refresher training must be successfully completed in each discipline every three (3) 

years following successful completion of the initial training course. 

2. Certification of Firms 

Unless the Commission revokes or suspends a certificate, the initial certificate shall remain 

in effect for a period of one (1) year. To maintain certification, the certification license must 

be renewed annually. 

Q. Reciprocity 

Any person who has been issued a certificate in another state or a tribe which has certification, 

educational, and experience requirements equal to or greater than those of this State, and which grants equal certification privileges to persons certified in this State, may be issued a certificate 

in this State upon terms and conditions determined by the Department. 

Regul~t~ons for1 ead-based Pamt Actwties 

Amended December 10,2009 
inspection, lead-hazard screen, risk assessment, renovation, 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 US. 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, Lead-Contaminated Soil; the EPA 

Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 

7474-R-95-001); 40 CFR Part 745, Lead; Requirements for Lead-Based Paint activities in 

Target Housing and Child-occupied Facilities: Final Rule (Federal Register, Volume 61, 

Number 169, Thursday, August 29, 1996); EPA Lead; Renovation, Repair, and Painting 

Program: Final Rule (Federal Register, Volume 73, Number 78, April 22,2008); and other 

equivalent methods and guidelines. 

4. Clearance levels appropriate for the purposes of this section may be found in the EPA 

January 2001 rules (40 CFR 745; identification of Dangerous Levels of Lead, Final Rule) at 

745.227(e)(S)(viii). 

B. Inspection. 

1. An inspection shall be conducted only by a person certified by the Commission 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: 

a. 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 

b. 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: 

a. The analysis of paint to determine the presence of lead shall be conducted using 

Regulat~ons for L ead-based Pant Act~c~t~es 

Amended December 10.2009 
the following information: 

a. Date of each inspection. 

b. Address of building. 

c. Date of construction. 

d. Apartment numbers (if applicable). 

e. Name, address, and telephone number of the owner or owners of each residential 

dwelling or child-occupied facility. 

f. Name, signature, and certification number of each certified inspector and/or risk assessor 

conducting testing. 

g. Name, address, and telephone number of the certified firm employing each inspector 

andlor risk assessor, if applicable. 

h. Each testing method and device and/or sampling procedure employed for paint analysis, 

including quality control data and, if used, the serial number of an x-ray fluorescence 

(XRF) device. 

i. Specific locations of each painted component tested for the presence of lead-based paint. 

j. The results ofthe inspection expressed in terms appropriate to the sampling method used. 

C. Lead Huzurd Screen. 

1. A lead hazard screen shall be conducted only by a person certified by the Commission as a 

risk assessor. 

2. If conducted, a lead hazard screen shall be conducted as follows: 

a. Background information regarding the physical characteristics ofthe 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. 

b. A visual inspection of the residential dwelling or child-occupied facility shall be 

conducted to: 

Regulations for Lead-based Pam Act~v~ttes 

Amended December 10,2009 
d. 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 or under, are most likely to come in contact with dust. 

e. In multi-family dwellings and child-occupied facilities, in addition to the floor and 

window samples required in paragraph C.2.d. of this chapter, 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: 

a. All dust samples shall be taken using documented methodologies that incorporate 

adequate quality control procedures. 

b. All collected dust samples shall be analyzed according to paragraph F. of this chapter to 

determine if they contain detectable levels of lead that can be quantified numerically. 

4. Paint shall be sampled in the following manner: 

a. The analysis of paint to determine the presence of lead shall be conducted using 

documented methodologies which incorporate adequate quality control procedures; 

and/or 

b. All collected paint chip samples shall be analyzed according to paragraph F. of this 

chapter 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: 

a. The information required in a risk assessment report as specified in paragraph D. of this 

chapter, including paragraphs D. 1 I .a. through D. 1 I .n., and excluding paragraphs D. 1 I .o. 

through D.l I .r. of this chapter. Additionally, any background information collected 

pursuant to paragraph C.2.a. of this chapter shall be included in the risk assessment 

report; and 

b. Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any 

further actions. 

Regulat~ons for Lead-hased Pant Act~v~t~es 

Amended December 10.2009 
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. 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. Each other surface determined, using documented methodologies, to be a potential 

lead-based paint hazard and having a distinct painting history, shall also be tested for the 

presence of lead. 

5. In residential dwellings, dust samples (either composite or single-surface samples) from the 

window and floor shall be collected 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 dwelling and child-occupied facilities, the samples required in paragraph 

D.4. of this chapter shall be taken. In addition, window and floor dust samples (either 

composite or single-surface samples) shall be collected in the following locations: 

a. Common areas adjacent to the sampled residential dwelling or child-occupied facility; 

and 

b. Other common areas in the building where the risk assessor determines that one or more 

children, age 6 or under, are likely to come into contact with dust. 

7. For child-occupied facilities, window and floor dust samples (either composite or singlesurface samples) shall be collected 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 the risk assessor determines one or more children, age 6 or under, are likely to come 

into contact with dust. 

8. Soil samples shall be collected and analyzed for lead concentrations in the following 

locations: 

a. Exterior play areas where bare soil is present; and 

b. Driplinelfoundation areas where bare soil is present; and 

c. The rest of the yard (i.e., non-play areas) where bare soil is present. 

Regulattons for Lead-based Paint Activit~es Amended December 10,2009 
following information: 

a. Date of assessment. 

b. Address of each building. 

c. Date of construction of buildings. d. Apartment number (if applicable). 

e. Name, address, and telephone number of each owner of each building. 

f. Name, signature, and certification of the certified risk assessor conducting the 

assessment. 

g. Name, address and telephone number of the certified firm employing each certified risk 

assessor if applicable. 

h. Name, address, and telephone number of each recognized laboratory conducting analysis 

of collected samples. 

i. Results of the visual inspection. 

j. Testing method and sampling procedure for paint analysis employed. 

k. Specific locations of each painted component tested for the presence of lead. 

1. All data collected from on-site testing, including quality control data and, if used, the 

serial number of any XRF device. 

m. All results of laboratory analysis on collected paint, soil, and dust samples. 

n. Any other sampling results. 

o. Any background information collected pursuant to paragraph D.3. of this chapter. 

p. 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. 

Rcgulatlons for Lead-based Pamt Act~v~t~es 

Amended December 10.2009 
E. Abatement. 

1. An abatement shall be conducted only by an individual certified by the Commission, 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 and clearance 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: (1) ensure 

that all abatement activities are conducted according to the requirements of this chapter and 

all other Federal, State, and local requirements, and (2) maintain all certificates for all firms, 

supervisors and workers who are employed in connection with the abatement project at the 

abatement project site. All such certificates shall be made available to Department personnel 

during abatement project inspections. 

4. Notification of the commencement of lead-based paint abatement activities in a residential 

dwelling or child-occupied facility or as a result of a Federal, State, or local order shall be 

given to the Department prior to the commencement of abatement activities as required in 

paragraph I. of this chapter. 

5. A written occupant protection plan shall be developed for all abatement projects and shall be 

prepared according to the following procedures: a. The occupant protection plan shall be unique to each residential dwelling or childoccupied 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. 

b. 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: 

a. Open-flame burning or torching of lead-based paint is prohibited; 

b. 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 

Kegulat~ons for Lead-based Palnt Actlv~ttes 

Amended December l0.2009 
d. Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 

degrees Fahrenheit. 

7. If conducted, soil abatement shall be conducted in one of the following ways: 

a. If soil is removed, the lead-contaminated soil shall be replaced with soil that is not leadcontaminated; or 

b. If soil is not removed, the lead-contaminated soil shall be permanently covered. as 

defined in these regulations. 

8. The following post-abatement clearance procedures shall be performed only by a certified 

inspector or risk assessor: 

a. 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. 

b. Following the visual inspection and any post-abatement cleanup required by paragraph 

E.8.a. of this chapter, clearance sampling for lead-contaminated dust shall be conducted 

by employing single-surface sampling or composite sampling techniques. 

c. Dust samples for clearance purposes shall be taken using documented methodologies that 

incorporate adequate quality control procedures. 

d. Dust samples for clearance purposes shall be taken a minimum of 1 hour after 

completion of final post-abatement cleanup activities. 

e. The following post-abatement clearance activities shall be conducted as appropriate 

based upon the extent or manner ofabatement activities conducted in or to the residential 

dwelling or child-occupied facility: 

(I ) After conducting an abatement with containment between abated and unabated areas, 

one dust sample~shall be taken from one window (if available) and one dust sample 

shall be taken from the floor 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. 

Kegulat~ons for Lead-hased Pam Act~v~t~es 

Amended December 10.2009 
(3) Following an exterior paint abatement, a visual 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. 

f. The rooms, hallways or stairwells selected for sampling shall be selected according to 

documented methodologies. 

g. The certified inspector or risk assessor shall compare the residual lead level (as 

determined by the laboratory analysis) from each dust sample with applicable clearance 

levels for lead in dust on floors and windows. If the residual lead levels in a dust sample 

exceed the clearance levels, all the components represented by the failed sample shall be 

recleaned and retested until clearance levels are met. 

9. In a multi-family dwelling with similarly constructed and maintained residential dwellings, 

random sampling for the purposes of clearance may be conducted provided: 

a. The certified individuals who abate or clean the residential dwellings do not know which 

residential dwelling will be selected for the random sample. 

b. 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. 

c. The randomly selected residential dwellings shall be sampled and evaluated for clearance 

according to the procedures found in paragraph E.8. of this chapter. 

10. An abatement report shall be prepared by a certified supervisor or project designer. The 

abatement report shall include the following information: 

a. Start and completion dates of abatement. 

b. The name and address of each certified firm conducting the abatement and the name of 

each supervisor assigned to the abatement project. 

Regulat~ons for Lead-hased Paint Act~v~ttes 

Amended December 10,2009 
p

, 

g 

, 

locations of rooms andlor components where abatement occurred, reason for selecting 

particular abatement methods for each component, and any suggested monitoring of 

encapsulants or enclosures. 

F. Renovation 

I. Applicability 

a. This section 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 a certified inspector or risk assessor 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 milligramslper 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 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. 

(3) Persons who perform lead-based paint activities within residential dwellings that they 

own are exempt from the regulations unless the residential dwelling is occupied by a 

person or persons other than the owner or 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 as determined by the United States 

Department of Health and Human Services; Centers for Disease Control and 

Prevention. 

b. The training requirements in paragraphs G. and H. of Chapter I1 and the work practice 

standards for renovation activities in paragraph F.2. of this chapter, apply to all 

renovations covered by this regulation, except for renovations in target housing for 

which the firm performing the renovation has obtained a statement signed by the owner 

Kegulatlons for Lead-based Pamt Act~v~t~es 

Amended December 10,2009 
c. The information distribution requirements in paragraph F.4. of this chapter 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 

paragraph F.2. of this chapter, L. of Chapter 11, and G. of Chapter I1 to the extent 

necessary to respond to the emergency. Emergency renovations are not exempt from the 

cleaning requirements of paragraph F.2.a.(5) ofthis chapter, which must be performed by 

certified renovators or individuals trained in accordance with paragraph (3.2. of chapter 

11, the cleaning verification requirements of paragraph F.2.b. of this chapter, which must 

be performed by certified renovators, and recordkeeping requirements of paragraphs 

F.3.b.(6) and F.3.b.(7) of this chapter. 

2. Work practice standards listed below shall be followed. 

a Standards for renovation activities. Renovations must be performed by certified firms 

using certified renovators as required in paragraph L.7.a. of Chapter 11. The 

responsibilities of certified firms are set forth in paragraph L.7. of Chapter 11. The 

responsibilities of certified renovators are set forth in paragraph G.2. of Chapter 11. 

(1) Occupant protection. Firms must post signs clearly defining the work area warning 

occupants and other persons not involved in renovation activities to remain outside of 

the work areas. 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 postrenovation cleaning verification has been completed. If warning signs have been 

posted in accordance with 24 CFR 35.1 345(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 

Regulations for Lead-based Paint Act~cit~es 

Amended December l0.2009 
(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 ofthe renovation. On multi-story 

buildings, close all doors and windows within 20 feet ofthe 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. 

Regulat~ons for Lead-based Pamt Activ~ttes Amended December 10,2009 
control; and 

(iii)Operating a heat gun on lead-based paint is permitted only at temperatures below 

1 I00 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 renovation. 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. 

Regulatmns for Lead-based Patnt Act~v~tfes 

Amended December 10,2009 
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 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 working area has been adequately cleaned, 

using the following procedure: 

(a) 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. 

(b) If the cloth does not match and is darker than the cleaning verification 

card, re-clean the windowsill as directed in paragraphs F.2.a.(5)(ii)(B) 

and a.(S)(ii)(C) of this chapter, 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. 

(c) 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. 

(d) 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 c-leaning 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 

Kegulat~ons for Lead-based Pamt Act~v~t~es 

Amended December 10,2009 
(a) If the cloth used to wipe a particular section does not match the cleaning 

verification card, re-clean that section of the surface as directed in 

paragraphs F.2.a.(5)(ii)(B) and a.(S)(ii)(C) of this chapter, then use a new 

wet disposal cleaning cloth to wipe that section again. If the cloth 

matches the cleaning verification card, that section of the surface has 

been adequately cleaned. 

(b) 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 

one hour or until the entire surface within the work area has dried 

completely, whichever is longer. 

(c) 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 

requires: 

(I) 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 tirm is required to re-clean the work area until the dust clearance 

sample results are below the clearance standards in paragraph A.4. of this chapter. 

Kegulat~ons for Lead-based Paint Actw~ties 
Commission all records necessary to demonstrate compliance with this subpart for a 

period of 3 years following completion of the renovation. 

b. Records that must be retained pursuant to paragraph F.3.a. of this chapter shall include 

(where applicable): 

(1) Reports certifying that a determination had been made by a certified inspector that 

lead-based paint is not present on the companents affected by the renovation as 

described in paragraph F. 1 .a.(l) of this chapter. 

(2) Signed and dated acknowledgments of receipt as described in paragraphs F.4.a.(l)(i), 

a.(2)(i), b.(l)(i), c.(l)(i)(A) and c.(l)(ii)(A) of this chapter 

(3) Certificates of attempted delivery as described in paragraphs F.4.a.(2)(i) and 

c.(l)(ii)(A) of this chapter. 

(4) Certificates of mailing as described in paragraphs F.4.a.(l)(ii), a.(2)(ii), b.(l)(ii), 

c.(l)(i)(B) and c.(I)(ii)(B) of this chapter. 

(5) Records of notification activities performed regarding common area renovations, as 

described in paragraphs F.4.(b)(3) and (4) of this chapter, and renovations in childoccupied facilities, as described in paragraph F.4.c.(2) of this chapter. 

(6) Any signed and dated statements received from owner-occupants documenting that 

the renovation requirements of paragraph F.2. of this chapter 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 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 

acknowledgement 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 paragraph F.2. of this 

chapter, 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 paragraph F.2.a. of this chapter, and that the certified 

Regulations for Lead-based Paint Activities Amended December 10,2009 
(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. 

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

Reguldrlons for I edd-based Pamt Act~vlt~es 

Amended December 10,2009 
y 

, 

g 

y 

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 results to the person who contracted for the renovation. 

d. If dust clearance sampling is performed in lieu of cleaning verification as permitted by 

paragraph F.2.c. of this chapter, 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. 

4. 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 Renovate Right: Important Lead 

Hazard Information for Families, Child Care Providers and Schools, and comply 

with one of the following: 

(i) Obtain, from the owner, a written acknowledgement 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 F.4.a.(l) of this chapter, 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: 

) Obtain, from the adult occupant, a written acknowledgement that the occupant 

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 renovator, and the date of signature. 

Reeulatlons for Lead-baed Pamt Act~v~tres 

~&nded December 10,2009 
the following: 

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

Reeulat~ons for Lead-bad Pamt Actw~t~es 

~&nded December 10,2009 
(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 certifL 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 acknowledgement 

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; 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. 

(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 acknowledgements required by paragraphs 

F.4.a.(l)(i), a.(2)(i), b.(l)(i), c.(I)(i)(A), and c.(l)(ii)(A) of this chapter must: 

Regulat~ons for Lead-based Pamt Activrtles 

Amended December 10,2009 
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. 

G, 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 the Commission as an inspector, er risk assessor, or dust 

sampling technician; 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, or soil samples. 

H. Composite Dust Sampling. 

Composite dust sampling may only be conducted in the situations specified in paragraphs C. 

through E. ofthis chapter. 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. 

1. Recordkeeping. 

All reports or plans required in this chapter shall be maintained by the certified firm or individual 

who prepared the report for a minimum of 3 years. The certified firm or individual also shall 

provide copies of these reports to the building owner who contracted for its services. 

J. Project Notr$cations. 

1. General Provision. The Department shall be notified in writing on a form provided by the 

Department of any lead-based paint abatement or renovation activity in target housing or 

child-occupied facility no less than six (6) working days prior to commencement of the 

activity. Abatement or renovation notifications involving one or more units at the same 

Regulations for Lead-based Paint Act~vittes 

Amended December 10,2009 
form. A copied signature is not acceptable. The notification shall be considered invalid if it 

does not contain an original signature. 

Responsibility. It is the responsibility of the certified firm's owner or an authorized agent of 

the firm to notify the Department under this section. 

Timeliness of Notification. Written notifications of lead-based paint abatement or 

renovation activity must be hand delivered, express mailed, or postmarked at least six (6) 

working days (not calendar days) before the start of lead-based paint abatement or 

renovation. Notifications must be delivered by United States Postal Service, commercial 

delivery, or by hand delivery. Telephone facsimile (FAX) is not permitted. The start date is 

considered to be the date when lead-based paint abatement or renovation begins. 

Start-Date Change to Later Date. When lead-based paint abatement or renovation activity 

will begin later than the date contained in the notice, the certified firm's owner or an 

authorized agent of the firm shall: 

a. Notify the Department of the changed start date by telephone as soon as possible but 

prior to the original start date. An amended notification is required in writing 

immediately following the foregoing notification; and 

b. Provide the Department with a written notice of the new start date as soon as possible, 

but no later than the original start date. Delivery of the updated notice by the United 

States Postal Service, commercial delivery service, or hand delivery is acceptable. 

Start-Date Change to Earlier Date. When lead-based paint abatement or renovation will 

begin on a date earlier than the date contained in the notice, the certified firm's owner or an 

authorized agent of the firm shall provide the Department with a written notice of the new 

start date at least six working days before the start of work. 

Start-DateIStop-Date (completion date) requirement. In no event shall lead-based paint 

abatement or renovation activity, as covered by this chapter, begin or be completed on a date 

other than the date contained in the written notice. Amendments to start date changes are to 

be submitted as required in 5.4. and J.5. of this chapter. An amendment is required for any 

stop dates which change by more than one work day for each week (seven calendar day 

period) for which the project has been scheduled and notification submitted. The certified 

firm shall provide schedule changes to the Department no less than 24 hours prior to the 

change or completion of the project. Emergency notification can be confirmed with the 

Department telephonically and followed up in writing. 

Provision for Emergency. In the event lead-based paint abatement or renovation activity is 

Regulatrons for Lead-based Parnt Actrv~ties 

Amended December 10,2009 
presents a public health or safety hazard, and is necessary to protect equipment from damage, 

or is necessary to avoid imposing an unreasonable financial burden. This term includes 

activities necessitated by non-routine failures of equipment. This term does not include 

immediate abatement or renovation work solely from a lack of adequate planning for 

foreseeable lead-based paint abatement activity. 

8. Lead-based Paint Abatement and Renovation Notification Fees. 

a. Applicability. The certified firm's owner or an authorized agent of the firm shall remit to 

the Department a fee that is based on each individual and separate residential dwelling or 

multi-family dwelling or child-occupied facility at the same address to be abated or 

renovated-as listed in this paragraph. 

K. Lead-Based Paint Activities Requirements. 

Lead-based paint activities, as defined in these regulations, shall only be conducted according to 

the procedures and work practice standards contained in this chapter. No individual or firm may 

offer to perform or perform any lead-based paint activity as defined in these regulations, unless 

certified to perform that activity according to the procedures in Chapter 11. 

Reeulat~ons for Lead-based Paint Actlv~t~es 

~Gnded December 10,2009 
p

2. Advance notice of inspections or investigations by the Department is not required. 

3. Department representatives shall not be impeded or refused entry in the course of their 

official duties in accordance with these regulations by reason of any regulatory or contractual 

specification. 

4. All persons engaged in lead-based paint activities must have the Commission-issued 

certificate present at the worksite. 

B. Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates, Proceedings and 

Hearings before the Commission and Appeals. 

Penalties, reprimands, suspensions and revocations of certificates shall be governed by Section 

49-1 7-529, Mississippi Code Annotated. All proceedings and hearings before the Commission 

regarding violations of Section 49-17-501, et. seq. Mississippi Code Annotated, or any rule or 

regulation, written order of the Commission, emergency order of the Executive Director or 

certificates issued or renewed by the Commission pursuant to Section 49-17-501, et. seq., 

Mississippi Code Annotated and all appeals therefrom shall be conducted in accordance with 

Section 49- 17-3 1 through 49- 17-4 1, Mississippi Code Annotated. 

C. Severability. 

If any provision, section, subsection, sentence, clause or phrase of any of these regulations, or 

the application of same to any person or set of circumstances is for any reason challenged or held 

to be invalid or void, the validity of the remaining regulations and/or portions thereof or their 

application to other persons or sets of circumstances shall not be affected thereby. 

Kegulat~ons for [.cad-based Pamt Act~v~t~es mended December 10,2009 
MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY 

"REGULATIONS FOR LEAD-BASED PAINT ACTIVITIES" 

APC-S-9 

Adopted January 22,1998 

Amended November 20,2003 

Proposed Amendments 

December 1 0,2009 
I . Accreditation of Training Programs .................................................................................. 11 

A . Scope ................................................................................................................................ 11 

B . Application Process ......................................................................................................... 1 

C . Requirements for the Accreditation of Training Programs .............................................. 12 D . Minimum Training Curriculum Requirements ................................................................ 1 6 

E . Requirements for the Accreditation of Refresher Training Programs ............................. 19 F ............................................................................ . Re-accreditation of Training Programs 21 

G . Suspension, Revocation, and Modification of Accredited Training Programs ............... 22 H . Procedures for Suspension, Revocation, or Modification of Training Program 

Accreditation ................................................................................................................... 22 

I . Training Program Recordkeeping Requirements ............................................................. 23 

........................................................................................... J . Training Course Notification 24 

K . Non-English Language Courses ...................................................................................... 25 H . Type and Duration of Certificates .................................................................................... 25 J . Reciprocity ....................................................................................................................... 25 

11 . Certification of Individuals and Firms Engaged in Lead-Based Paint Activities 

A . Certification of .............................................................................................. Individuals 26 

........................................................................................................................... B . Inspector 26 

C . Risk Assessor ................................................................................................................... 27 

....................................................................................................................... D Supervisor . -27 

E . Project Designer ............................................................................................................... 28 F Abatement Worker . ........................................................................................................... 28 

G . Renovator ......................................................................................................................... 29 H ............................................................................................... . Dust Sampling Technician 30 

1.6.Documents ...................................................................................................................... - -30 

- J.W.Certification Based on Prior Training ........................................................................... 31 - K . $.Re-Certification .............................................................................................................. 31 

- L.,F,Certification of Firms ....................................................................................................... 32 

- M.IC.Suspension, Revocation, and Modification of Certifications of Individuals Engaged in 

... Lead-Based Paint Activities ............................................................................................. 33 

&L.Suspension, Revocation, and Modification of Certifications of Firms Engaged in 

Lead-Based Paint Activities ............................................................................................. 33 

- 0.M.Procedures for Suspension, Revocation, or Modification of the Certification of Individuals 

or Firms ............................................................................................................................ 34 

- P.KType and Duration of Certificates .................................................................................. 34 

Regulations for Lead-based Paint Activities Proposed amendments 

December 10. 2009 
F. Renovation ...................................................................................................................... -44 

G.F.Collection and Laboratory Analysis of Samples ............................................................ 55 

- H.G.Composite Dust Sampling .............................................................................................. 5 5 

................................................................................................................ 

- LX.Recordkeeping -5 6 

....................................................................................................... - J.I. Project Notifications -56 

K.&Lead-Based Paint Activities Requirements ..................................................................... 57 

IV. Compliance Monitoring and Enforcement 

A. Compliance Inspections and Investigations ..................................................................... 59 B. Enforcement - Penalties, Reprimands, Suspensions, Revocation of Certificates, 

Proceedings, and Hearings before the Commission and Appeals ................................... 59 

C. ..................................................................................................................... Severability .59 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
supervisor, worker, renovator, dust samplin~ technician, or firm on or after the effective date of these 

regulations, unless applicable initial or renewed certificates to so engage in lead-based paint 

activities have been issued to such persons by the Commission, and are currently in effect. No firm 

shall employ any person on a lead-based paint activity who does not possess a current certificate 

issued by the Commission. No individual will be certified as an inspector, risk assessor, or 

supervisor until the individual has passed the required certification (3rd party) examination for the 

discipline. These regulations are applicable to all persons engaged in lead-based paint activities in target 

housing and child-occupied facilities. Persons who perform lead-based paint activities within residential dwellings that they own are exempt from the regulations unless the residential dwelling is 

occupied by a person or persons other than the owner or 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 as determined by the United States Department of Health and Human 

Services; Centers for Disease Control and Prevention. 

Also exempt from the required work practice standards of the regulations are renovations performed 

in target housing if the firm perform in^ the renovation has obtained a statement signed by the owner 

that the renovation will occur in the owner's residence, no child under ape 6 resides there, no 

premant 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 applicable to 

renovation activities. 

These regulations do not require the performance of lead-based paint activities 

but establish requirements and procedures to follow when lead-based 

paint activities are performed. 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 of the requirements 

of these regulations regarding lead-based paint, lead-based paint activities and lead-based paint 

hazards. 

These regulations require that owners and occupants of target housing arid child-occupied facilities 

receive information on lead-based paint hazards before renovations begin. The pamphlet, Renovate 

Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, must be 

distributed. 

Compliance with these regulations shall not affect or substitute for compliance with all other 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
reflect the type of certificate and the size of the project, as the case may be. Fees for more than one 

(1) discipline shall be paid by a separate check or money order for each discipline. All fees shall be 

submitted to the Commission by check or money order, payable to the Lead-Based Paint Program 

Operations Funds. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated 

with such measures. 

c. Specifically, abatement includes, but is not limited to: 

(1) Projects for which there is a written contract or other documentation, which provides that 

a person will be conducting activities in or to a residential dwelling or child-occupied 

facility that will result in the permanent elimination of lead-based paint hazards; or are 

designed to permanently eliminate lead-based paint hazards as defined in this section. 

(2) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by 

persons certified in accordance with Chapter 11, unless such projects are covered by 

subsection d. of this definition; 

(3) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by 

persons who, through their company name or promotional literature, represent, advertise, 

or hold themselves out to be in the business of performing lead-based paint activities as 

identified and defined by this section, unless such projects are covered by subsection d. 

of this definition; or 

(4) Projects resulting in the permanent elimination of lead-based paint hazards, that are 

conducted in response to State or local abatement orders. 

d. Abatement does not include renovation, remodeling, painting or repainting, 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. 

2. "Accredited training program" means a training program that has been accredited by either the 

Commission, the United States Environmental Protection Agency (EPA) or an EPA-approved 

lead-based paint program in a state or tribe with reciprocity agreements with the Commission, to 

provide training for individuals engaged in lead-based paint activities. 

3. "Adequate quality control" means a plan or design to ensure the authenticity, integrity, and 

accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10.2009 
g 

p

g

y 

y 

y

g

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. 

7. "Child-occupied facility", as the terrn applies to renovations, 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 davs within any week (Sundav 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 uublic or commercial buildinm 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 parages are not included. In addition, with respect to exteriors 

of public or commercial buildinps that contain chdd-occupied facilities, the child-occupied 

facility encompasses only the exterior sides of the building that are immediately adiacent to the 

child-occupied facility or the common areas routinely used bv children under age 6. 

- 8.6, "Clearance levels" are values that indicate the maximum amount of lead permitted in dust on 

a surface following completion of an abatement or renovation activity. 

9. clean in^ 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 clean in^ has been properly completed. 

- 10.7, "Commission" means the Mississippi Commission on Environmental Quality. - 1 1.8; "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. 

- 12.9, "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 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
 

p

p

y 

g 

exposures to the lead-contaminated dust and debris created during an abatement or renovation. 

- 14.4-L "Course agenda" means an outline of the key topics to be covered during a training course, 

including the time allotted to teach each topic. 

- 15.42- "Course test" means an evaluation of the overall effectiveness of the training which shall test 

the trainee's knowledge and retention of the topics covered during the course. 

- 16.4% "Course test blue print" means written documentation identifying the proportion of course 

test questions devoted to each major topic in the course curriculum. 

- 17.14, "Department" means the Mississippi Department of Environmental Quality. 

- 18.g "Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise 

separating from the substrate of a building component or unit. 

- 19.6 "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 the Commission. For example, "worker" is a discipline. 

- 20.12, "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, room, or unit of a building structure. 

- 21 .% "Documented methodologies" are methods or protocols used to sample for the presence of 

lead in paint, dust, and soil. 

22. "Dry disposable cleaning cloth'' means a commercially available dry, electrostatically charged, 

white disposable cloth designed to be used for cleaning hard surfaces such as uncmeted floors 

or counter tops. 

23. "Dust sampling technician" means an individual employed to perform dust clearance sampling. 

- 24.a "Elevated blood lead level (EBL)" means an excessive absorption of lead as determined by 

the United States Department of Health and Human Services; Centers for Disease Control and 

Prevention. 

- 25.4% "Encapsulant" means a substance that forms a barrier between lead-based paint and the 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
28,g "EPA" means the United States Environmental Protection Agency. 

- 29.a "Executive Director" means the Executive Director of the Mississippi Department of 

Environmental Quality. 

w 

30.24 "Firm" means a company, partnership, corporation, sole proprietorship or individual doing 

- business, association, or other business entity that performs or offers to pefiorrn lead-based paint 

activities. This term also includes a Federal, State, Tribal, or local government agency, or a 

non~rofit organization that performs or offers to perform lead-based paint activities. 

- 31.25. "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. 

32. "HEPA vacuum" means a vacuum cleaner which has been designed with a hi&-efficiency 

particulate air IHEPA) filter as the last filtration stave. 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 IHEPA filter with none 

of the air leaking past it. 

- 33.g "Hands-on skills assessment" means an evaluation which tests the trainees' ability to 

satisfactorily perform the work practices and procedures identified in Chapter I. D., as well as 

any other skills taught in a training course. 

- 34.2% "Inspection" means a surface-by-surface investigation to determine the presence of leadbased paint and the provision of a report explaining the results of the investigation. 

- 352% "Inspector" means an individual employed to inspect or reinspect for the presence of leadbased paint, to collect samples for the presence of lead in dust and soil for the purposes of 

abatement and renovation clearance testing and to prepare inspection reports. 

- 36.2% "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. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
p

, 

, 

p

human health effects as identified by the Department pursuant to the federal Toxic Substances 

Control Act (TSCA) section 403. 

40.33. "Lead-contaminated dust" means surface dust in residential dwellings, or child-occupied 

facilities that contains an area or mass concentration of lead at or in excess of levels identified by 

the Department pursuant to TSCA Section 403. 

- 4 1.34, "Lead-contaminated soil" means bare soil on residential real property and on the property of 

a child-occupied facility that contains lead at or in excess of levels identified by the Department 

pursuant to TSCA section 403. 

42.35: "Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust 

sampling as described in Chapter 111. C. 

43% "Living area", involvinu abatement activities, 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 

44. "Living area", in the case of renovations, means any area of a residential dwelling used by one or 

more children age 5 or under, including, but not limited to, living rooms, kitchen areas, dens, 

play rooms, and children's bedrooms. 

45. "Minor repair and maintenance activities" are activities including minor heating, ventilation or 

air conditioning work, electrical work, and plumbing that disrupts 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 paragraph 

F.2.a.(3) of Chapter 111 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 iob for the purpose of determining whether the job is a minor repair and 

maintenance activity. 

46.3% "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. 

- 47.3% "Paint in poor condition" means more than 10 square feet of deteriorated paint on exterior 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
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 7, 2008, the term "pamphlet" also meant any pamphlet developed by EPA 

under Section 406(a) of 'PSCA or any State or Tribal pamphlet approved by EPA ~ursuant to 40 

CFR 745.326. 

- 49.39; "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. 

- 50.48: "Person" means any natural or iudicial 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. th&&e-m 

- 5 1 .& "Principal instructor" means the individual who has the primary responsibility for organizing 

and teaching a particular course. 

- 52.42, "Project designer" means an individual employed to prepare abatement project designs, 

occupant protection plans and abatement project reports. 

- 53.43: "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. 

54. "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 .O milligrams per square centimeter, or more than 0.5% lead by wei~ht, in a paint 

chip, paint powder or painted surface. 

- 55.44 "Reduction" means measures designed to reduce or eliminate human exposure to lead-based 

paint hazards through methods including interim controls, and abatement. 

56. "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 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
p

y 

p

repair and maintenance activities. 

57. "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 and has been certified 

to perform renovations in the State of Mississippi. 

- 58.45: "Residential dwelling" means (I) 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. 

w 

59.6 "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 person 

conducting the risk assessment, explaining the results of the investigation and options for 

reducing lead-based paint hazards. 

- 60.43, "Risk assessor" means an individual employed to conduct risk assessments and lead hazard 

screens, to prepare inspection reports and to collect samples for the presence of lead in dust and 

soil for the purposes of abatement and renovation clearance testing. 

- 6 1.48, "Room" means an enclosed or semi-enclosed living space within a residential dwelling or a 

child-occupied facility. 

- 62.49, "Supervisor" means an individual designated by a contractor or certified firm to be 

responsible for the direction and conduct of lead-based paint abatement activities and to prepare 

occupant protection plans and abatement reports. 

- 63 .%A "Target housing': as the term applies to abatement activities, 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 zero-bedroom dwelling. 

64. "Target housing" - as the term applies to renovations, means any housing constructed before 1978, 

except housing for the elderly or persons with disabilities (unless any one or more cbldren under 

the ape of 6 years resides or is expected to reside in that housing for the elderly or persons with 

disabilities) or any zero-bedroom dwelling. 

Regulations for Lead-based Paint Activities Proposed amendments December 10.2009 
w 67.53; 

Training manager

 means the individual responsible for administering a training program 

and monitoring the performance of principal instructors and guest instructors. 

- 68.54; "Visual inspection for clearance testing" means the visual examination of a residential 

dwelling or a child-occupied facility following an abatement or renovation to determine whether 

or not the abatement or renovation has been successfully completed. 

- 69.55, "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. 

70. "Wet disposable cleaning cloth" means a commercially available. premoistened, white 

disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or 

counter tops. 

71. "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 cleaninp solution onto a floor, 

or a method of equivalent efficacy. 

72. "Work area" means the area that the certified renovator establishes to contain the dust and debris 

generated by a renovation. 

- 73.56; "Worker", as the term applies to abatements, means individual 

certified as a worker to work on abatement projects. 

74. "Worker", as the term applies to renovations, means an individual trained by a certified 

renovator to work on a renovation project. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
2. A training program shall not provide, offer, or claim to provide Commission accredited leadbased paint activities courses without applying for and receiving accreditation from the 

Commission as required under paragraph B. of this chapter on or after August 3 1, 1998. 

B . Application Process. 

The following are procedures a training program shall follow to receive Commission 

accreditation to offer lead-based paint activities courses: 

1. A training program seeking accreditation shall submit the required accreditation fee along 

with the completed form prescribed by the Commission containing the following 

information: a. The training program's name, address, and telephone number. 

b. A list of courses for which it is applying for accreditation. 

c. A statement signed by the training program manager certifying that the training program 

meets the requirements established in paragraph C. of this chapter. 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, the training program manager shall 

include a statement certifying that, as well. 

d. A copy of the student and instructor manuals, or other materials to be used for each 

course. 

e. A copy of the course agenda for each course, including the time allotted to teaching each 

course topic. 

f. A copy of the course examination with the correct answers marked for each question. 

g. All training programs shall include in their application for accreditation the following: 

(1) A description of the facilities and equipment to be used for lecture and hands-on 

training. 

(2) A copy of the course test blueprint for each course. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
2. If a training program meets the requirements in paragraph C. of this chapter, then the 

Commission shall approve the application for accreditation no more than 180 days after 

receiving a complete application from the training program contingent upon a satisfactory on-site course audit by the Department. 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 Department may, at its 

discretion, work with the applicant to address inadequacies in the application for 

accreditation. The Department may also request additional materials retained by the training 

program, under paragraph I. of this chapter. 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 chapter. 

4. For the purposes of this chapter, courses taught in different languages are considered 

different courses and each must independently meet the accreditation requirements. 

5. When applying for accreditation of a course in a lanpuage 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. 

C. Requirementsfor the Accreditation of Training Programs. 

For a training program to obtain accreditation from the Commission to offer lead-based paint 

activities courses, the program shall meet the following requirements for each discipline for 

which the program is seeking accreditation: 

1. The training program shall employ a training manager who has: 

a. At least 2 years of experience, education, or training in teaching adults; or 

b. 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 

c. Two years of experience in managing a training program specializing in environmental 

hazards; and 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
b. Successfully completed the initial and prerequisite training course requirements of the 

EPA-accredited or EPA-authorized State or Tribal-accredited training course to be 

taught; and 

c. 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. Guest instructors that teach work practice standards and hands-on 

activities must meet the qualifications of the principal instructor. 

4. The following documents shall be recognized by the Commission 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 chapter. 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 chapter. Those documents 

include the following: 

a. Official academic transcripts or diploma as evidence of meeting the education 

requirements. 

b. Resumes, letters of reference, or documentation of work experience as evidence of 

meeting the work experience requirements. 

c. Certificates from the 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: 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
c. 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 D.3. of this chapter. 

d. 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 chapter. 

e. 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 

chapter. 

f. The renovator course shall 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 chapter. Hands-on training 

activities must cover renovation methods that minimize the creation of dust and leadbased paint hazards, interior and exterior containment and cleanup methods, and postrenovation cleaning verification. 

g. The dust sampling technician course shall last a minimum of 8 training hours, with a 

minimum of 2 hours devoted to hands-on training activities. The minimum curriculum 

requirements for the dust sampling technician course are contained in paragraph D.7. of 

this chapter. Hands-on training activities must cover dust sampling methodologies. 

7. For each course offered, the training program shall conduct a course test at the completion of 

the course, and if applicable, a hands-on skills assessment. Each individual must 

successfully complete the hands-on skills assessment and receive a minimum score of 70% 

on the course test to pass any course. 

a. The training manager is responsible for maintaining the validity and integrity of the 

hands-on skills assessment 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 chapter. 

b. 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 to~ics. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
b. The name of the particular course that the individual completed. c. Dates of course completion/test passage. 

d. The name, address, and telephone number of the training program. 

e. The printed name and signature of the training manager and printed name of the principal 

instructor. 

f. The language in which the course was taught, if other than English. 

g. An "approval statement" including the name of the approving agency(s) and dates 

approvals were issued. 

h, 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: a. Procedures for periodic revision of training materials and the course test to reflect 

innovations in the field. 

b. Procedures for the training manager's annual review of principal instructor competency. 

10. The training program shall offer courses which teach the work practice standards for 

conducting lead-based paint activities contained in Chapter 111 and other standards developed 

by EPA pursuant to Title IV of TSCA. These standards shall be taught in the appropriate 

courses to provide trainees with the knowledge needed to perform the lead-based paint 

activities they are responsible for conducting. 

1 1. The training manager shall be responsible for ensuring that the training program complies at 

all times with all of the requirements in this chapter. 

12. The training manager shall allow the Department to audit the training program to verify the 

contents of the application for accreditation as described in paragraph B. of this chapter and 

to assure compliance with all requirements of the regulations regarding training. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
a. Role and responsibilities of an inspector. 

b. Background information on lead and its adverse health effects. 

c. Background information on Federal, State, and local regulations and guidance that 

pertains to lead-based paint and lead-based paint activities. 

d. Lead-based paint inspection methods, including selection of rooms and components for 

sampling or testing. 

e. Paint, dust, and soil sampling methodologies. 

f. Clearance standards and testing, including random sampling. 

g. Preparation of the final inspection report. 

h. Recordkeeping. 

Requirements d., e., f., and g. require hands-on activities as an integral component of the 

course. 

2. Risk Assessor 

a. Role and responsibilities of a risk assessor. 

b. Collection of background information to perform a risk assessment. 

c. Sources of environmental lead contamination such as paint, surface dust and soil, water, 

air, packaging, and food. 

d. Visual inspection for the purposes of identifying potential sources of lead-based paint 

hazards. 

e. Lead hazard screen protocol. 

f. Sampling for other sources of lead exposure. 

g. Interpretation of lead-based paint and other lead sampling results, including all 

applicable State or Federal guidance or regulations pertaining to lead-based paint 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
course. 

3. Supervisor 

a. Role and responsibilities of a supervisor. 

b. Background information on lead and its adverse health effects. 

c. Background information on Federal, State, and local regulations and guidance that 

pertain to lead-based paint abatement. 

d. Liability and insurance issues related to lead-based paint abatement. 

e. Risk assessment and inspection report interpretation. 

f. Development and implementation of an occupant protection plan and abatement report. 

g. Lead-based paint hazard recognition and control. h. Lead-based paint abatement and lead-based paint hazard reduction methods, including 

restricted practices. 

i. Interior dust abatement/cleanup or lead-based paint hazard control and reduction 

methods. 

j. Soil and exterior dust abatement or lead-based paint hazard control and reduction 

methods. 

k. Clearance standards and testing. 

1. Cleanup and waste disposal. 

m. Recordkeeping. Requirements e., g., h., i., and j. require hands-on activities as an integral component of the 

course. 

4. Project Designer 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
d. Interior dust abatement/cleanup or lead hazard control and reduction methods for largescale abatement projects. 

e. Clearance standards and testing for large scale abatement projects. f. Integration of lead-based paint abatement methods with modernization and rehabilitation 

projects for large scale abatement projects. 

5. Abatement Worker 

Role and responsibilities of an abatement worker. 

Background information on lead and its adverse health effects. 

Background information on Federal, State, and local regulations and guidance that 

pertain to lead-based paint abatement. 

Lead-based paint hazard recognition and control. 

Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted i practices. 

Interior dust abatement methods/cleanup or lead-based paint hazard reduction. 

Soil and exterior dust abatement methods or lead-based paint hazard reduction. 

Requirements d., e., f., and g. require hands-on activities as an integral component of the course. 

6. Renovator 

a. Role and responsibilities of a renovator. b. Background information on lead and its adverse health effects. 

c. Background information on EPA, HUD. OSHA, and other Federal, State, and local 

regulations and guidance that pertains to lead-based paint and renovation activities. 

d. Procedures for using acceptable test kits to determine whether paint is lead-based paint. 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
h. Waste handling and disposal. 

i. Providin~ on-the-iob traininv to other workers. 

j. Record preparation. 

Requirement e., f., and a. require hands-on activities as an integral component of the course. 

7. Dust sampling technician 

a. Kole and responsibilities of a dust sampling technician. 

b. Background information on lead and its adverse health effects. 

c. Background information on Federal, State, and local re~ulations and guidance that 

pertains to lead-based paint and renovation activities. 

d. Dust sampling methodolo~ies. 

e. Clearance standards and testinp. 

f. Report preparation. Requirement d. rewires hands-on activities as an integral component of the course. 

E. Requirements-for the Accredilation of Refresher Training Programs. 

A training program may seek accreditation to offer refresher courses in any of the following 

disciplines: inspector, risk assessor, supervisor, project designer, renovator, dust sampling 

technician, and abatement worker. To obtain Commission 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 chapter, 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: 

a. An overview of current safety practices relating to lead-based paint activities in general, 

as well as specific information pertaining to the appropriate discipline. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
renovator, and dust samplin~ technician refresher courses shall last a minimum of 4 training 

hours. 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. 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 chapter. If so, the Commission shall use the approval procedure described in 

paragraph B. of this chapter. In addition, the minimum requirements contained in paragraphs 

C., except for the requirements in paragraph C.6., and E.1., E.2., and E.3. of this chapter 

shall also apply. 

A training program seeking accreditation to offer refresher training courses only shall submit 

a completed application on forms provided by the Commission containing the following 

information: a. The refresher training program's name, address, and telephone number. b. A list of courses for which it is applying for accreditation. 

c. A statement signed by the training program manager certifying that the refresher training 

program meets the minimum requirements established in paragraph C. of this chapter, 

except for the requirements in paragraph C.6. of this chapter. 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 to develop its refresher training course 

materials, the training manager shall include a statement certifying that, as well. 

d. A copy of the student and instructor manuals to be used for each course. 

e. A copy of the course agenda for each course. 

f. A copy of the course examination with the correct answers marked for each question. 

g. All refresher training programs shall include in their application for accreditation the 

following: 

(I) A description of the facilities and equipment to be used for lecture and hands-on 

- 

Regulations for Lead-based Paint Activities 

proposed amendments 

December 10.2009 
(5) A list of learning objectives for each lecture, exercise, and hands-on activity. 

f. The requirements in paragraphs C. 1. through C.5. and C.7. through C. 12. of this chapter 

apply to refresher training providers. 

g. If a refresher training program meets the requirements listed in this paragraph and has 

paid the required fee, then the Commission shall approve the application for 

accreditation no more than 180 days after receiving a complete application from the 

refresher training program contingent upon a satisfactory on-site course audit by the 

Department. 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 Commission may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. The 

Commission may also request additional materials retained by the refresher training 

program under paragraph I. of this chapter. 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 chapter, the training program shall be re-accredited. 

2. A training program seeking re-accreditation shall submit an application to the Commission 

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 Commission 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: 

a. The training program's name, address, and telephone number. 

b. A list of courses for which it is applying for re-accreditation. 

c. A description of any changes to the training facility, equipment, or course materials since 

the last application was approved. 

d. A statement signed by the program manager stating: 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
y 

pp

p

g

p

this chapter and to assure compliance with all requirements of the regulations regarding 

training. 

G. Suspension, Revocation, and Modzfication of Accredited Training Programs. 

1. The Commission 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: 

Misrepresented the contents of a training course to the Commission and/or the student 

population. 

Failed to submit required information or notifications in a timely manner. 

Failed to maintain required records. Falsified accreditation records, instructor qualifications, or other accreditation-related 

information or documentation. 

Failed to comply with the training standards and requirements in this chapter. 

Failed to comply with Federal, State, or local lead-based paint statutes or regulations. Made false or misleading statements to the Commission in its application for 

accreditation or re-accreditation which the Commission relied upon in approving the 

application. 

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, 

the Commission shall notifjr the affected entity in writing of the following: 

a. The legal and factual basis for the suspension, revocation, or modification. b. The anticipated commencement date and duration of the suspension, revocation, or 

modification. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
g 

q

y 

g p

g

, 

p

g

g

before the Commission shall be conducted in accordance with sections 49-1 7-3 1 through 49- 

17-41, Mississippi Code of 1972. 

I. Training Program Recordkeeping Re y uirements. 

1. Accredited training programs shall maintain, and make available to the Commission or the 

Department upon request, the following records: 

a. All documents specified in paragraph C.4. of this chapter that demonstrate the 

qualifications listed in paragraphs C. 1. and C.2. of this chapter of the training manager 

and principal instructors. 

b. Current curriculum/course materials and documents reflecting any changes made to these 

materials. 

c. The course test blueprint. 

d. Information regarding how the hands-on assessment is conducted including, but not 

limited to: 

(1) Who conducts the assessment. 

(2) How the skills are graded. (3) What facilities are used. 

(4) The pasdfail rate. 

e. The quality control plan as described in paragraph C.9. of this chapter. 

f. Results of the student's hands-on skills assessments and course tests, and a record of 

each student's course completion certificate. 

g. Any other material not listed above in paragraphs I. I .a. through I. 1 .f. of this chapter that 

was submitted to the Commission 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 1.3. of this 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
1. Not less than ten (10) days prior to the first day of an anticipated training course, training 

course providers must provide written notification to the Department, on forms developed by 

the Department, of the following: 

a. The course discipline; b. Date and time of the training course; c. Exact location of the site of the training course (if the location is different from the 

principal location of the training provider, a vicinity map, sketch or detailed written 

directions showing the training site location shall be included in the notification, unless a 

vicinity map has previously been submitted for the specific location); 

d. Information about the language to be used in the training course; 

e. The name of the principal instructor; and f. A copy of the training course agenda. (If the agenda is identical to an agenda which has 

previously been submitted, an additional copy of the agenda is not required with the 

notification). 

2. Failure to provide re-notification of changes in the time or location of the training course or 

any other information listed on the original notification within two (2) working days prior to 

the first day of the pending training course may lead to rejection of any certificate of training 

issued by the training provider in support of individual accreditation in Mississippi. 

3. Within seven (7) calendar days after completion of a training course, the training course 

provider must provide the Department with a written roster containing the following: 

a. The name of the course indicating the discipline and whether the course is an initial or 

refresher training course; 

b. The names of all course applicants; 

c. For each participant, whether the participant passed or failed the examination; 

d. The date, time and location of the training course; 

e. For each participant, the training certificate number; 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
4. Failure to submit a roster may result in the rejection of any certificate of training submitted 

to the Department in support of an application for accreditation. 

K. Non-English Language Courses. 

The following shall apply to all courses taught in non-English languages: 

1. Training courses shall be taught in the language in which all participating students are fluent; 

2. Written materials, including examinations, must be correctly translated into the language in 

which all participating students are fluent; and 

3. Interpreters may not be used to teach or instruct training courses. 

L. Type and Duration of Certzficates 

a Unless the Commission revokes or suspends a certificate, an initial certification of training 

providers shall be valid for one year. Training providers may obtain a renewal of their 

certificates annually. To maintain certification, training providers must be reaccredited every four (4) years. 

M. Reciprocity 

Any training provider which has been issued a certificate of accreditation in another state or a 

tribe which has certification, educational, and experience requirements equal to or greater than 

those of this State, and which grants equal accreditation privileges to training providers 

accredited in this State, may be issued an equivalent accreditation in this State upon terms and 

conditions determined by the Department. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
pp

g 

y 

q

established in paragraphs B. thru F tf. of this chapter for the particular discipline for 

which certification is sought; or 

b. Submit to the Commission an application with a copy of a valid lead-based paint 

activities certification from a State or Tribal program that has been authorized by EPA 

and has established accreditation and certification reciprocity agreements with the State 

of Mississippi covering the certification being requested. 

2. Following the submission of an application provided by the Department demonstrating that 

all the requirements of this chapter have been met, and the required fee, the Commission 

shall cedi@ an applicant as an inspector, risk assessor, supervisor, project designer, 

renovator, dust samplina technician, or abatement worker, as appropriate. 

3. Upon receiving certification by the Commission, individuals conducting lead-based paint 

activities shall comply with the work practice standards for performing the appropriate leadbased paint activities as established in Chapter 111. 

4. Beginning on the date of adoption, it shall be a violation of these regulations for an 

individual to conduct any of the lead-based paint activities described in Chapter I11 & 

31 IW 

>I) I , if that individual has not been certified by the Commission pursuant to this 

chapter to do so. 

B. Inspector. 

1. To become certified as an inspector, an individual must: 

a. Have a high school diploma or its equivalent; 

b. Successfully complete an accredited training program for lead-based paint inspectors; c. Pass the EPA approved inspector certification exam offered by the Commission; and 

d. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

e. The inspector certification exam must be passed with a minimum score of 70% within 

six (6) months of receiving the course completion certificate. During this six (6) months, 

the certification exam can be taken no more than three (3) times. If an individual does 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
a. (1) Be a registered professional engineer or a licensed architect; or 

(2) Have a bachelor's degree in a profession related to engineering, health or 

environmental science and one (1) year of experience in a related field, as determined 

by the Commission (e.g., lead, asbestos, or environmental remediation work); or 

(3) Have an associate's degree and two (2) years of experience in a related field, as 

determined by the Commission (e.g., lead, asbestos, or environmental remediation 

work); or 

(4) Have a high school diploma or equivalent and three (3) years of experience in a 

related field, as determined by the Commission (e.g., lead, asbestos, or 

environmental remediation work); 

b. Successfully complete an accredited training program for lead-based paint risk assessors 

and lead-based paint inspectors; 

c. Pass the EPA approved risk assessor certification exam offered by the Commission; 

d. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations; and 

e. The risk assessor certification exam must be passed with a minimum score of 70% within 

six (6) months of receiving the course completion certificate. During this six (6) months, 

the certification exam can be taken no more than three (3) times. If an individual does 

not pass the certification exam and receive a certificate within the six (6) month period 

after receiving their course completion certificate, the individual must retake the course 

from an accredited training program before reapplying for certification from the 

Commission. 

D. Supervisor. 

1. To become certified as a supervisor, an individual must: 

a. Have a high school diploma or its equivalent and one (1) year of experience as a certified 

lead-based paint abatement worker or two (2) years of experience in a related field, as determinedby the Commission (e.g., lead, asbestos, or environmental remediation work) or in the building trades; 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
e. The supervisor certification exam must be passed with a minimum score of 70% within 

six (6) months of receiving the course completion certificate. During this six (6) months, 

the certification exam can be taken no more than three (3) times. If an individual does 

not pass the certification exam and receive a certificate within the six (6) month period 

after receiving their course completion certificate, the individual must retake the course 

from an accredited training program before reapplying for certification from the 

Commission. 

E. Project Designer. 

1. To become certified as a project designer an individual must: 

a. (1) Be a registered professional engineer or a licensed architect; or 

(2) Have a bachelor's degree in engineering, architecture or a profession 

related to engineering or architecture and one (1) year of experience in building 

design or a related field, as determined by the Commission; or 

(3) Have an associate's degree and two (2) years of experience in building design or a 

related field, as determined by the Commission; or 

(4) Have a high school diploma or equivalent and three (3) years of experience in 

building design or a related field, as determined by the Commission. 

b. Successfully complete an accredited training program for lead-based paint project 

designers and lead-based paint supervisors; and 

c. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

F. Worker 

1. To become certified as a an abatement worker an individual must: 

a. Successfully complete an accredited training program for lead-based paint abatement 

workers; and 

b. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

Regulations for Lead-based Paint Activities Proposed amendments 

December 10,2009 
g

p

q

(

) y

p

lead-based paint abatement worker or two (2) years of experience in a related field, as 

determined by the Commission (e.g., lead, asbestos, or environmental remediation work) 

or in the building trades; 

b. Successfully complete an accredited training program for lead-based paint renovators; 

c. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations; 

d. Individuals who have successfully completed an accredited abatement worker or 

supervisor course, or individuals who have successfully completed courses in lead safe 

work practices meeting Environmental Protection Agency Renovation, Repair, and 

Painting Rule requirements may take an accredited refresher renovator training course in 

lieu of the initial renovator training course to become a certified renovator. 

2. Renovator responsibilities. Certified renovators are responsible for ensuring compliance 

with paragraph F.2. of Chapter I11 at all renovations to which they are assigned. A certified 

renovator must: a. Perform all of the tasks described in para~raph F.2.b. of Chapter 111 and must either 

perform or direct workers who perform all of the tasks described in paravraph F.2.a. of 

Chapter 111; 

b. Provide training to workers on the work practices they will be using in performing their 

assigned tasks; 

c. Be physically present at the work site when the signs required by paragraph F.2.a.(l) of 

Chapter 111 are posted, while the work area containment required by paragraph F.2.a.(2) 

of Chapter 111 is being established, and while the work area clean in^ required by 

paragraph F.2.a.(5) of Chapter I11 is performed; 

d. 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. Be available, either on-site or by telephone, at all times that renovations are being 

conducted: 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
h. Prepare the records required by paragraph F.3.b.(7) of Chapter 111. 

H. Dust Sampling Technician 

I. To become certified as a dust sampling technician an individual must: 

a. Have a high school diploma or its equivalent; 

b. Successfully complete an accredited training program for lead-based paint dust sampling 

technicians; and 

c. Demonstrate to the satisfaction of the Commission that the applicant is familiar with and 

capable of complying with all applicable federal and state laws and regulations. 

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. 

2. Dust sampling technician responsibilities. When performing optional dust clearance 

sampling under paragraph F.2.c. of Chapter 111, a certified dust sampling technician must: 

a. Collect dust samples in accordance with paragraph E.8. of Chapter 111, 

b. Send the collected samples to a laboratory recognized by EPA under TSCA section 

405(b), and 

c. Compare the results to the clearance levels in accordance with paragraph A.4. of Chapter 

TII. 

d. Have with them at the work site a copy of their current Mississippi dust sampling 

technician certification certificate. 

- I. G. Documents. 

1. The following documents shall be recognized by the Commission as evidence of meeting the 

requirements listed in paragraphs B. thru F. of this chapter. 

a. Official academic transcripts or diploma, as evidence of meeting the education 

requirements. 

Regulations - for Lead-based Paint Activities Proposed amendments December 10,2009 
1. Any individual who received risk assessor, inspector, proiect designer, supervisor, or worker 

. . lead based paint activity training between October 1,1990, and 

August 3 1, 1998, shall be eligible for certification by the Commission 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 the Commission under the following alternative procedures. 

a. Applicants for certification as an inspector, risk assessor, or supervisor shall: 

(1) Show proof that the applicant has successfully completed training for the appropriate 

discipline. 

(2) Show proof that the applicant meets or exceeds the education and/or experience 

requirements in paragraphs B. thru D. of this chapter for the appropriate discipline. 

(3) Successfully complete an accredited refresher training course for the appropriate 

discipline. 

(4) Pass a certification exam administered by the Commission for the appropriate 

discipline. 

b. Applicants for certification as an abatement worker or project designer shall: 

(I) Show proof that the applicant has successfully completed training for the appropriate 

discipline, 

(2) Show proof that the applicant meets the education andlor experience requirements in 

paragraph E. or F. of this chapter as applicable; and 

(3) Successfully complete an accredited refresher training course for the appropriate 

discipline. 

2. Individuals shall have until February 1, 1999, to apply to the Commission for certification 

under the above procedures. After that date, all individuals wishing to obtain certification 

must do so through the procedures described in paragraphs A. thru F H. of this chapter, 

according to the discipline for which certification is sought. 

- K. .I: Re-Certzjkation. 

Reedations - for Lead-based Paint Activitjes Proposed amendments December 10,2009 
certificate, the appropriate application and fee. 

- L. ,F, Certificution of Firms. 

1. Beginning on the date of adoption, all firms which perform or offer to perform any of the 

lead-based paint activities described in Chapter 111 ..kpr+?%, must be certified 

by the Commission. 

2. A firm seeking certification shall submit to the Commission: a completed application 

provided by the Department; 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 Chapter I11 for conducting lead-based 

paint activities; and the required fee. 

3. Afier receiving the firm's application, letter requesting certification, and the required 

certification fee, the Commission shall have 90 days to approve or disapprove the firm's 

request for certification. Within that time, the Commission shall respond with either a 

certificate of approval or a letter describing the reasons for disapproval. 

4. The firm shall maintain all records pursuant to the requirements in Chapter 111. 

5. To maintain their certification, firms must renew their certification license annually by 

submitting the required application and renewal fee. 

6. A firm must amend its certification within 90 days of the date a change occurs to the 

information included in the firm's most recent certification application. 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 the correct amount of 

7. 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 bv a certified renovator in accordance with paragaph 

G.2. of this chapter. 

Regulations - for Lead-based Paint Activities Proposed amendments December 10,2009 
p

q

p

p

g

p

Information for Families, Child Care Providers and Schools. 

e. The recordkeeping requirements of paragraph F.3. of Chapter 111 are met. 

- M. 44. Suspension, Revocation, and Mod$cation of CertlJications qflndividuals Enguged in LeadBased Paint Activities. 

1. The Commission may, after notice and opportunity for hearing, suspend or revoke or modify 

an individual's certification if an individual has: 

a. Obtained training documentation through fraudulent means. 

b. Gained admission to and completed an accredited training program through 

misrepresentation of admission requirements. 

c. Obtained certification through misrepresentation of certification requirements or related 

documents dealing with education, training, professional registration, or experience. 

d. Performed work requiring certification at a job site without having proof of certification. 

e. Permitted the duplication or use of the individual's own certificate by another. 

f. Performed work for which certification is required, but for which appropriate 

certification has not been received. 

g. Failed to comply with the appropriate work practice standards for lead-based paint 

activities at Chapter 111. 

h. Failed to comply with Federal, State, or local lead-based paint statutes or regulations. 

- N. . Suspension, Revocation, and Modzfication of Certijkations of Firms Engaged in Lead-Based 

Paint Activities. 

1. The Commission may, after notice and opportunity for hearing, suspend, revoke, or modify a 

firm's certification if a firm has: 

a. Performed work requiring certification at a job site with individuals who are not 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
e. Failed to comply with Federal, State, or local lead

based paint statutes or regulations. 

- 0. M. Procedures for Suspension, Revocation, or Mod$cation clfhe CertJication ofZndividuals or 

Firms. 

1. If the Commission decides to suspend, revoke, or modify the certification of any individual 

or firm, it shall notify the affected entity in writing of the following: 

a. The legal and factual basis for the suspension, revocation, or modification. 

b. The commencement date and duration of the suspension, revocation, or modification. 

c. Actions, if any, which the individual or affected entity may take to avoid suspension, 

revocation. or modification or to receive certification in the future. 

d. The opportunity and method for requesting a hearing prior to final Commission action to 

suspend, revoke, or modify certification. 

e. Any additional information, as appropriate, which Commission may provide. 

2. If a hearing is requested by the certified individual or firm, all proceedings and hearings 

before the Commission shall be conducted in accordance with Sections 49-1 7-3 1 through 49- 

17-41, Mississippi Code of 1972. 

- P. Type and Duration of CertiJicates 

1. Certification of Individuals (Inspectors, Risk Assessors, Project Designers, Supervisors, 

Renovators, Dust Sampling Technicians and Abatement Workers). 

Unless the Commission revokes or suspends a certificate, an initial certificate shall remain in 

effect during the period of time training is effective, but not to exceed one (I) year after the 

date of issuance. To maintain certification in a particular discipline an individual must 

comply with the following requirements: 

a. Each certificate must be renewed annually during the period of required training. 

b. Refresher training must be successfully completed in each discipline every three (3) 

years following successful completion of the initial training course. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10.2009 
Any person who has been issued a certificate in another state or a tribe which has certification, 

educational, and experience requirements equal to or greater than those of this State, and which 

grants equal certification privileges to persons certified in this State, may be issued a certificate 

in this State upon terms and conditions determined by the Department. 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10.2009 
inspection, lead-hazard screen, risk assessment, renovation, 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, Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 

7474-R-95-001); 40 CFR Part 745, Lead; Requirements for Lead-Based Paint activities in 

'Tarpet Housin~ and Child-occupied Facilities: Final Rule (Federal Register, Volume 61, 

Number 169, Thursday, August 29, 1996); EPA Lead; Renovation, Repair, and Painting 

Program: Final Rule (Federal Register, Volume 73, Number 78, April 22,2008); and other 

equivalent methods and guidelines. 

4. Clearance levels appropriate for the purposes of this section may be found in the EPA 

January 2001 rules (40 CFR 745; Identification of Dangerous Levels of Lead, Final Rule) at 

745.227(e)(8)(viii). 

B. Inspection. 

1. An inspection shall be conducted only by a person certified by the Commission 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: 

a. 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 

b. 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: 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
4. The certified inspector or risk assessor shall prepare an inspection report which shall include 

the following information: 

Date of each inspection. Address of building. 

Date of construction. 

Apartment numbers (if applicable). 

Name, address, and telephone number of the owner or owners of each residential 

dwelling or child-occupied facility. 

Name, signature, and certification number of each certified inspector and/or risk assessor 

conducting testing. 

Name, address, and telephone number of the certified firm employing each inspector 

and/or risk assessor, if applicable. Each testing method and device and/or sampling procedure employed for paint analysis, 

including quality control data and, if used, the serial number of an x-ray fluorescence 

(XRF) device. 

Specific locations of each painted component tested for the presence of lead-based paint. 

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 the Commission as a 

risk assessor. 

2. If conducted, a lead hazard screen shall be conducted as follows: 

a. 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. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
c. 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. 

d. 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 or under, are most likely to come in contact with dust. 

e. In multi-family dwellings and child-occupied facilities, in addition to the floor and 

window samples required in paragraph C.2.d. of this chapter, 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: 

a. All dust samples shall be taken using documented methodologies that incorporate 

adequate quality control procedures. 

b. All collected dust samples shall be analyzed according to paragraph F. of this chapter to 

determine if they contain detectable levels of lead that can be quantified numerically. 

4. Paint shall be sampled in the following manner: 

a. The analysis of paint to determine the presence of lead shall be conducted using 

documented methodologies which incorporate adequate quality control procedures; andlor 

b. All collected paint chip samples shall be analyzed according to paragraph F. of this 

chapter 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: a. The information required in a risk assessment report as specified in paragraph D. of this 

chapter, including paragraphs D. 1 1 .a. through D. 1 1 .n., and excluding paragraphs D. 1 1 .o. 

through D. 1 1 .r. of this chapter. Additionally, any background information collected 

pursuant to paragraph C.2.a. of this chapter shall be included in the risk assessment 

report; and 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10.2009 
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. 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. Each other surface determined, using documented methodologies, to be a potential 

lead-based paint hazard and having a distinct painting history, shall also be tested for the 

presence of lead. 

5. In residential dwellings, dust samples (either composite or single-surface samples) from the 

window and floor shall be collected 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 dwelling and child-occupied facilities, the samples required in paragraph 

D.4. of this chapter shall be taken. In addition, window and floor dust samples (either 

composite or single-surface samples) shall be collected in the following locations: 

a. Common areas adjacent to the sampled residential dwelling or child-occupied facility; 

and 

b. Other common areas in the building where the risk assessor determines that one or more 

children, age 6 or under, are likely to come into contact with dust. 

7. For child-occupied facilities, window and floor dust samples (either composite or singlesurface samples) shall be collected 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 the risk assessor determines one or more children, age 6 or under, are likely to come 

into contact with dust. 

8. Soil samples shall be collected and analyzed for lead concentrations in the following 

locations: a. Exterior play areas where bare soil is present; and 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
y 

p

p

p

y

g 

p

g

p

this chapter 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: 

Date of assessment. Address of each building. 

Date of construction of buildings. 

Apartment number (if applicable). 

Name, address, and telephone number of each owner of each building. 

Name, signature, and certification of the certified risk assessor conducting the 

assessment. 

Name, address and telephone number of the certified firm employing each certified risk 

assessor if applicable. 

Name, address, and telephone number of each recognized laboratory conducting analysis 

of collected samples. Results of the visual inspection. 

Testing method and sampling procedure for paint analysis employed. 

Specific locations of each painted component tested for the presence of lead. 

All data collected from on-site testing, including quality control data and, if used, the 

serial number of any XRF device. 

m. All results of laboratory analysis on collected paint, soil, and dust samples. 

n. Any other sampling results. 

Regulations for Lead-based Paint Activities Proposed amendments December 10, 2009 
r. 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. 

E. Abatement. 

1. An abatement shall be conducted only by an individual certified by the Commission, 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 and clearance 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: (1) ensure 

that all abatement activities are conducted according to the requirements of this chapter and 

all other Federal, State, and local requirements, and (2) maintain all certificates for all firms, 

supervisors and workers who are employed in connection with the abatement project at the 

abatement project site. All such certificates shall be made available to Department personnel 

during abatement project inspections. 

4. Notification of the commencement of lead-based paint abatement activities in a residential 

dwelling or child-occupied facility or as a result of a Federal, State, or local order shall be 

given to the Department prior to the commencement of abatement activities as required in 

paragraph I. of this chapter. 

5. A written occupant protection plan shall be developed for all abatement projects and shall be 

prepared according to the following procedures: 

a. The occupant protection plan shall be unique to each residential dwelling or childoccupied 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. 

b. A certified supervisor or project designer shall prepare the occupant protection plan. 

Regulations for Lead-based Paint Activities Proposed amendments 

December 10,2009 
efficiency; 

c. 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 

d. Operating a heat gun on lead-based paint is permitted only at temperatures below 1 100 

degrees Fahrenheit. 

7. If conducted, soil abatement shall be conducted in one of the following ways: 

a. If soil is removed, the lead-contaminated soil shall be replaced with soil that is not leadcontaminated; or 

b. If soil is not removed, the lead-contaminated soil shall be permanently covered, as 

defined in these regulations. 

8. The following post-abatement clearance procedures shall be performed only by a certified 

inspector or risk assessor: 

a. Following an abatement, a visual inspection shall be performed to determine if 

deteriorated painted surfaces andlor 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. 

b. Following the visual inspection and any post-abatement cleanup required by paragraph 

E.8.a. of this chapter, clearance sampling for lead-contaminated dust shall be conducted 

by employing single-surface sampling or composite sampling techniques. 

c. Dust samples for clearance purposes shall be taken using documented methodologies that 

incorporate adequate quality control procedures. 

d. Dust samples for clearance purposes shall be taken a minimum of 1 hour after 

completion of final post-abatement cleanup activities. 

e. 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 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
(2) After conducting an abatement with no containment, two dust samples shall be taken 

from no less than four rooms, hallways or stairwells in the residential dwelling or 

child-occupied facility. One dust sample shall be taken from one window (if available) 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. 

(3) Following an exterior paint abatement, a visual 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. 

f. The rooms, hallways or stairwells selected for sampling shall be selected according to 

documented methodologies. 

g. The certified inspector or risk assessor shall compare the residual lead level (as 

determined by the laboratory analysis) from each dust sample with applicable clearance 

levels for lead in dust on floors and windows. If the residual lead levels in a dust sample 

exceed the clearance levels, all the components represented by the failed sample shall be 

recleaned and retested until clearance levels are met. 

9. In a multi-family dwelling with similarly constructed and maintained residential dwellings, 

random sampling for the purposes of clearance may be conducted provided: 

a. The certified individuals who abate or clean the residential dwellings do not know which 

residential dwelling will be selected for the random sample. 

b. 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. 

c. The randomly selected residential dwellings shall be sampled and evaluated for clearance 

according to the procedures found in paragraph E.8. of this chapter. 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
c. The occupant protection plan prepared pursuant to paragraph E.5. of this chapter. 

d. The name, address, and signature of each certified risk assessor or inspector conducting 

clearance sampling and the date of clearance testing. 

e. The results of clearance testing and all soil analyses (if applicable) and the name of each 

recognized laboratory that conducted the analyses. 

f. A detailed written description of the abatement, including abatement methods used, 

locations of rooms andlor components where abatement occurred, reason for selecting 

particular abatement methods for each component, and any suggested monitoring of 

encapsulants or enclosures. 

F. Renovation 

1. Applicability 

a. This section applies to all renovations performed for compensation in target housing and 

child-occupied facilities, except for the following: 

[l) Renovations in tarpet housing or child-occupied facilities in which a written 

determination has been made by a certified inspector or risk assessor 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 millimamsl~er square centimeter (mg/cm2i 

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 and followinp 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 ma/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. 

(3) Persons who perform lead-based paint activities within residential dwellings that they 

own are exempt from the regulations unless the residential dwelling is occupied by a 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
renovations covered by this regulation, exceut 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. 

c. The information distribution requirements in paragraph F.4. of this chapter 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 sipificant 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 warninp sign, containment, waste handling, training, and certification requirements in 

paramaah F.2. of this chapter, L. of Chapter 11, and G. of Chapter I1 to the extent 

necessary to respond to the emergency. Emergency renovations are not exempt fiom the 

cleaning requirements of paragraph F.2.a.(5) of this chapter, which must be performed by 

certified renovators or individuals trained in accordance with paragraph G.2. of chapter 

11, the cleaning verification requirements of paragraph F.2.b. of this chapter, which must 

be performed by certified renovators, and recordkeeping requirements of paragraphs 

F.3.b.(6) and F.3.b.(7) of this chapter. 

2. Work practice standards listed below shall be followed. 

a. Standards for renovation activities. Renovations must be performed by certified firms 

using certified renovators as required in paragraph L.7.a. of Chapter 11. The 

responsibilities of certified firms are set forth in paragraph L.7. of Chapter 11. The 

responsibilities of certified renovators are set forth in paragraph G.2. of Chapter 11. 

(I) Occupant protection Firms must post signs clearly defining the work area warning 

occupants and other persons not involved in renovation activities to remain outside of 

the work areas. 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- 

- 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
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: 

LA)Kemove all obiects 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 

sheet in^ 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. 

IB) 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 

Regulations for Lead-based Paint Activities Proposed amendments 

December 10.2009 
(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 adiacent properties. 

13) 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 pun, abrasive blasting, or 

sandblasting, is prohibited unless such machines are used with EfEPA exhaust 

control; and 

(iii)Operating a heat gun on lead-based paint is permitted only at temperatures below 

1 100 de~rees 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. 

li) Interior and exterior renovations. The firm must: 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
(ii) Additional cleaning for interior renovation. 'The firm must clean all obiects 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 wipin~ with a damp cloth. 

(B ) Remaining surfaces. 'I'horouvhl y vacuum all remaining surfaces and obiects 

in the work area, includinp furniture and fixtures, with a IEPA vacuum. The 

HEPA vacuum must be equipped with a beater bar when vacuuming carpets 

and rum. 

(C) Wipe all remaining surfaces and objects in the work area, except for carpeted 

or u~holstered surfaces, with a damp cloth. Mop uncarpeted floors 

thoroughly, usinrs 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. 

(I) 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 in^ area has been adequately cleaned, 

using the following procedure: 

(a) 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. 

(b) If the cloth does not match and is darker than the cleaning verification 

card, re-clean the windowsill as directed in paragraphs F.2.a.iNii)iB) 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
(dj After waitin? for the windowsill to dry, wipe the windowsill with a dry 

disposable cleanins 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 postrenovation cleaning verification. If the surface withm the work area is 

meater 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. Ifthe cloth 

used to wipe each section of the surface within the work area matches the 

cleaning verification card, the surface has been adequately cleaned. 

ja)? 

verification card, re-clean that section of the surface as directed in 

paragraphs F.2.a.(5)(ii)(B) and a.(S)(ii)(C) of this chapter, then use a new 

wet disposal cleaning cloth to wipe that section again. If the cloth 

matches the cleaning verification card, that section of the surface has 

been adequately cleaned. 

/b) If the cloth used to wipe a particular surface section does not match the 

cleanin? verification card after the surface has been re-cleaned, wait for 

one hour or until the entire surface within the work area has dried completely, whichever is longer. 

fc) After 

: 

waiting for the entire surface withm the work area to dry, wipe each 

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 

warn in^ 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 around. If dust, debris or residue is present, these 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
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 paragraph A.4. of this chapter. 

d. Activities conducted after post-renovation cleaning verification. Activities that do not 

disturb paint, such as applyinp 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. 

3. Recordkeeping and reporting requirements. 

a. Firms performing renovations must retain and, if requested, make available to the 

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

period of 3 years following completion of the renovation. 

b. Records that must be retained pursuant to paragraph F.3.a. of this chapter shall include 

(where applicable): (1) Reports certifying that a determination had been made by a certified inspector that 

lead-based paint is not present on the components affected by the renovation as 

described in paragraph F. I .a.(l) of this chapter. 

(2) Signed and dated acknowledgments of receipt as described in paragraphs F.4.a.(l)(il, 

a.(2)(i), b.(l)(i), c.(l)(i)(A) and c.(l)(ii)(A) of this chapter 

[3) Certificates of attempted delivery as described in paragraphs F.4.a.(2)(i) and 

c.(l)(ii)(A) of this chapter. 

(4) Certificates of mail in^ as described in paragraphs F.4.a.(l)(ii), a.(2)(ii), b.(l)(ii), 

c.(l)(i)(B) and c.(I)(ii)(B) of this chapter. 

(5) Records of notification activities performed regarding common area renovations, as 

described in paragraphs F.4.(b)(3) and (4) of this chapter, and renovations in childoccupied facilities. as described in paragraph F.4.c.(2) of this chapter. 

e Reeulations - for Lead-based Paint Activities 

Proposed amendments December 10,2009 
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 paragraph F.2. of this 

chapter, 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 paragraph F.2.a. of this chapter, and that the certified 

renovator performed the post-renovation cleaning verification described in paragraph 

F.2.b. of this chapter. If the renovation firm was unable to comply with all of the 

requirements of this rule due to an emergency as defined in paragraph F. 1 .c. of this 

chapter, the firm must document the nature of the emerpency and the provisions of 

the rule that were not followed. This documentation must include a copy of the 

certified renovator's training certificate, a copy of the renovator's Mississid 

renovator certification certificate, and a certification by the certified renovator 

assigned to the proiect that: 

(i) Training was provided to workers (topics must be identified for each worker). 

[ii) Warning sipns 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 bv: 

(A)Removing or covering all objects in the work area (interiors). 

/B) Closing and covering all HVAC ducts in the work area (interiors). JC) 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. 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
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 adiacent property (exteriors). 

lv) Waste was contained on-site and while being transported off-site. 

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

(A)Pickin~ 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 (interiorsr, 

(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 identifving 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 results to the person who contracted for the renovation. 

d. If dust clearance sampling is performed in lieu of cleaning verification as permitted bv 

paragraph F.2.c. of this chapter, 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. 

4. Information distribution requirements. 

a. Renovations in dwelling units. No more than 60 days before bepinning 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 Renovate Right: Important Lead 

Hazard Information for Families, Child Care Providers and Schools, and comply 

with one of the following: 

Regulat~ons for Lead-based Pamt Activ~t~es 

Proposed amendments December 10,2009 
pamphlet, and comply with one of the followina: 

[i) Obtain, from the adult occupant, a written acknowledgement that the occupant 

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

the dwell in^ and that the renovator has been unsuccessful in obtain in^ a written 

acknowledgement fiom 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 simature of the renovator. and the date of simature. 

(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 Renovate Right: Important Lead Hazard 

Information for Families, Child Care Providers and Schools, and comaly with one of 

the following: 

[i) Obtain, from the owner, a written acknowledgement 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 notitication 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 

jii) 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 

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
(4) If the scope, locations, or expected starting and ending dates of the planned 

renovation activities change after the initial notification, and the firrn 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 planned activities. 'Ihis subsequent notification 

must be provided before the firm performing the renovation initiates work beyond 

that which was described in the oripinal 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 Renovate Right: Important 

Lead Hazard Information for Families, Child Care Providers and Schools, and 

comply with one of the following: 

(AiObtain, from the owner, a written acknowledgement 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 acknowledgement 

from an adult representative. Such certification must include the address of 

the child-occupied facility undergoin? 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 firrn performing the renovation, and the 

date of signature. 

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

Regulations for Lead-based Paint Activities Proposed amendments December 10,2009 
fii) 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 puardians of the intended renovation activities 

and to provide the pamphlet. 

d. Written acknowledgment. The written acknowledgements required by para~raphs 

F.4.a.i I )(ij, a.(2 )(i), b.( I )(i), c.( l)(i)(A), and c.( 1 )(ii )(A) of this chapter 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 

under~oing 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. 

- G. 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 the Commission as an inspector, w risk assessor, or dust 

sampling technician; 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, or soil samples. 

- El. 6; Composite Dust Sampling. 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10,2009 
3. Composite dust samples shall not consist of subsamples from more than one type of 

component. 

- I. E.I: Recordkeeping. 

All reports or plans required in this chapter shall be maintained by the certified firm or individual who prepared the report for a minimum of 3 years. The certified firm or individual also shall 

provide copies of these reports to the building owner who contracted for its services. 

- J. I: Project Notzfications. 

1. General Provision. The Department shall be notified in writing on a form provided by the 

Department of any lead-based paint abatement or renovation activity in target housing or 

child-occupied facility no less than six (6) working days prior to commencement of the activity. Abatement or renovation notifications involving one or more units at the same 

address may be submitted on a single notification form; however, only one address per each 

notification form submitted to the Department. The Department notification form must be 

filled out completely and properly. Blanks which do not apply shall be marked "NIA". The 

designation of "NIA" will not be accepted for references requiring identification of the work 

site, building description, building owner, abatement and transportation companies, and 

individuals required to be identified on the notification form. An original signature is 

required of the certified firm's owner or an authorized agent of the firm on each notification 

form. A copied signature is not acceptable. The notification shall be considered invalid if it 

does not contain an original signature. 

2. Responsibility. It is the responsibility of the certified firm's owner or an authorized agent of 

the firm to notify the Department under this section. 

3. Timeliness of Notification. Written notifications of lead-based paint abatement or 

renovation activity must be hand delivered, express mailed, or postmarked at least six (6) 

working days (not calendar days) before the start of lead-based paint abatement renovation. Notifications must be delivered by United States Postal Service, commercial 

delivery, or by hand delivery. Telephone facsimile (FAX) is not permitted. The start date is 

considered to be the date when lead-based paint abatement or renovation begins. 

4. Start-Date Change to Later Date. When lead-based paint abatement or renovation activity 

will begin later than the date contained in the notice, the certified firm's owner or an 

authorized agent of the firm shall: 

Regulations for Lead-based Paint Activities 

Proposed amendments December 10.2009 
Start

Date Change to Earlier Date. When lead

based paint abatement or renovation will 

begin on a date earlier than the date contained in the notice, the certified firm's owner or an 

authorized agent of the firm shall provide the Department with a written notice of the new 

start date at least %R a working days before the start of work. 

Start-DateIStop-Date (completion date) requirement. In no event shall lead-based paint 

abatement or renovation activity, as covered by this chapter, begin or be completed on a date 

other than the date contained in the written notice. Amendments to start date changes are to 

be submitted as required in 4-1.4. and I J.5. of this chapter. An amendment is required for 

any stop dates which change by more than one work day for each week (seven calendar day 

period) for which the project has been scheduled and notification submitted. The certified 

firm shall provide schedule changes to the Department no less than 24 hours prior to the 

change or completion of the project. Emergency notification can be confirmed with the 

Department telephonically and followed up in writing. 

Provision for Emergency. In the event lead-based paint abatement or renovation activity is 

required due to an unexpected or unplanned lead-based paint incident, notification shall be 

made as soon as practicable, but not later than the following work day after the occurrence of 

the incident. Initial notification can be made by telephone, followed by formal notification 

on the Department's notification form. Emergencies shall be documented to the extent that 

the need for the emergency is evident. An emergency lead-based paint abatement 9 

renovation activity means a lead-based paint abatement or renovation activity that was not planned, but results from a sudden, unexpected event which if not immediately attended to, 

presents a public health or safety hazard, and is necessary to protect equipment from damage, 

or is necessary to avoid imposing an unreasonable financial burden. This term includes 

activities necessitated by non-routine failures of equipment. This term does not include 

immediate abatement or renovation work solely from a lack of adequate planning for 

foreseeable lead-based paint abatement activity. Lead-based Paint Abatement and Renovation Notification Fees. a. Applicability. The certified firm's owner or an authorized agent of the firm shall remit to 

the Department a fee that is based on each individual and separate residential dwelling or 

multi-family dwelling or child-occupied facility at the same address to be abated 3 

renovated as listed in this paragraph. 

Lead-Based Paint Activities Requirements. 

Lead-based paint activities, as defined in these regulations, shall only be conducted according to 

Regulations for Lead-based Paint Activities 

Proposed amendments 

December 10,2009 
Regulations for Lead-based Paint Activities 

Proposed amendments December 10.2009