Applying for: (circle one or both)

enovationEducation atioepair,andPaintiu.

Contact Name: Shelley Bruce

Agency: Wisconsin Department of Health Services

Title: Asbestos & Lead Certification Program Manager

Address: Asbestos & Lead Section

I West Wilson Street, Room 137

P0 Box 2659Madison WI 53701-2659

Phone: 608-267-0928

Fax: 608-266-9711

E-Mail: sheIIev.brucewisconsin.gov

The following documents (with a check mark) are included, in order, with this application.

V A summary of the State or Tribal program;V A transmittal letter from the Governor;V An Attorney General’s or Tribal equivalent’s statement that the State’s or Tribe’s laws and regulations

provide the necessary legal authority to administer and enforce this program;

V A program description, including an enforcement and compliance program description and, for any Tribe,

documentation that the Tribe is eligible for Treatment as a State (This must include an analysis

comparing the program to the Federal Program and demonstrating how the program is as protective as the

Federal Program);

{_ Copies of all applicable State or Tribal statutes and regulations; and

V OPTIONAL. For States Only: A certification, signed by the Governor, that the State program

meets the criteria established for program authorization
g

g 

child-occupied facility built before 1978. Work practice standards are also prescribed, as well as

reporting and recordkeeping requirements. In addition, no person may offer or conduct a lead training

course represented as qualifving a person for certification unless the course is accredited by the

department and uses approved instructors.

Revisions to ch. DHS 163 have been promulgated to incorporate the pre-renovation educationdistribution (PRE) and renovation, repair and painting (RRP) requirements programs under the

Environmental Protection Agency’s regulations at 40 CFR Part 745, Subpart F. The Department’s lead

program regulates the following lead-based paint activities in target housing and child-occupied

facilities built before 1978:

• Pre-renovation information disthbution and renovation activities conducted for compensation

• Lead hazard reduction, including abatement and ordered lead remediation

Lead investigation, including dust, paint, soil sampling and onsite testing; clearance, inspection,

hazard screen, risk assessment and elevated blood lead investigation activities

Applicability to Renovations

The PRE and RRP provisions are described in detail at DHS 163, Subchapter II. These rules apply to

renovations performed for compensation in target housing and child-occupied facilities, except when:

The paint involved in the renovation is determined to be lead-free by a certified lead inspector, riskassessor or hazard investigator or by a certified renovator using a Wisconsin-recognized test kit.

The work is minor repair or maintenance.

The work is renovation not performed for compensation and no other conditions requiringcertification exist.

The work is renovation performed by the homeowner in the owner’s owner-occupied unit.

Emergency renovations are exempt from certain provisions, including the PRE requirements, but not

from cleaning and post renovation cleaning verification.

Accreditation of Training Courses

Training course accreditation is described in detail at DHS 163, Subchapter III. A person wishing to

offer a course leading to certification, including lead-safe renovation and lead sampling initial or

refresher courses, must submit a complete application with course materials and fee to the Department.The course must cover all curriculum requirements identified in Subchapter ifi. Initial contingent

accreditation lasts for 2 years during which time the Department will conduct onsite course audits to

determine if the course, as held, meets and complies with all course requirements. Courses deemed tomeet all requirements are granted full approval and may renew their accreditations at 4-year intervals.

Pre-Renovation Education Requirements

The PRE requirements are described in detail at DM5 163.14 (10). Renovation companies must:

Provide the pamphlet, Renovate Right, to owners and occupants of target housing and to owners,

operators and parents or guardians in child-occupied facilities before beginning renovation work.Obtain signature acknowledging receipt of pamphlet, or other proof of delivery.

Post information in child-occupied facilities and multi-family housing.
Create and maintain required records.

Certified Renovator RequirementsCertified renovator responsibilities are described at DHS 163.13 and 163.14 (11). To be certified as a

lead-safe renovator, an individual must complete a one-day lead-safe renovation course and apply withfee to the department for a 2-year certification. Certified renovators must:

Provide training to untrained workers on the lead-safe work practices to be used.

• Be onsite to conduct or oversee posting of signs, containment setup, and final cleaning.

• Be onsite regularly to direct and ensure ongoing maintenance of containment barriers and use of

lead-safe work practices.

Be available on-site during work or by telephone to return immediately to the worksite.Be in possession of a valid, unexpired certification card when at thejobsite.Personally conduct the post-renovation cleaning verification.

• Prepare required renovation records.

Certified Lead Sampling Technician Requirements

Lead sampling technicians may conduct clearance after renovation, but not lead abatement, activities

and their responsibilities are described at DHS 163.13 and 163.14 (5). A lead sampling technician

must complete a one-day lead sampling course and apply with fee for a 2-year certification. Sampling

technicians must:

Complete clearance requirements, including collect and send dust-wipe samples to a recognized lab.

Interpret laboratory results and prepare a clearance report for the contractor and owner.

Be in possession of a valid, unexpired certification card when conducting regulated work

Renovation Work Practice RequirementsRenovation work practices are described at DHS 163.14(11). Workers must follow documentedmethodologies to protect occupants from lead hazards created during renovations, including:

Posting warning signs, containing work areas, protecting furnishings and cleaning.Prohibitions on using certain dangerous work practices, including: open-flame burning or torching,operating a heat gun over 1100 F, using a chemical paint stripper with methylene chloride, using a

high speed machine to remove paint without a FIEPA-filtered exhaust system, high-pressure waterblasting without HEPA-filtered exhaust control and a water collection system, using an improperlyoperating HEPA vacuum, and dry sweeping in the work area.

Proper handling and transporting of waste.Final visual inspection and post renovation cleaning verification using prescribed protocol.

Renovation Recordkeeping Requirements

Recordkeeping requirements for renovations are described in detail at DHS 163.13 (3). The renovation

company must maintain records of its regulated activities for 3 years, including:

Any paint testing results.

Copies of signed pamphlet acknowledgements forms or other documentation of delivery.

Documentation and certification that renovation requirements were followed.Individual worker training records.
October 7, 2009

Bharat Mathur, Acting Regional AdministratorU.S. Environmental Protection Agency Region 577 W Jackson Blvd.Chicago, IL 60604

Dear Mr. Mathur:In accordance with Section 404 (a) of the Toxic Substance Control Act, I am forwarding an

application for authorization of the Pre-Renovation Education and Lead-Based Paint

Renovation Programs for Wisconsin. The application has been forwarded directly to the

Environmental Protection Agency’s Region 5 program office for review. I believe you will findit contains the provisions necessary to implement effective pre-renovation education and

lead-based paint renovation programs.

The Department of Health Services is the designated agency to administer and enforce theseprograms. Should you require further information, please contact Shelley Bruce, Asbestos

and Lead Certification Program Supervisor, at 608-267-0928 orshelley.bmcdhs.wisconsin.gov.

Sincerely,

Governor

cc: EPA Region 5 Lead Coordinator

Enclosure

P.O. Box 7863, MADISON, WISCONSIN 53707-7863 • (608) 266-1212 • FAX: (608) 267-8983 • WWW.WISGOV.STATE.WLUS
Mr. Bharat Mathur

Acting Regional Administrator

U.S. Environmental Protection Agency, Region 5

77 West Jackson Blvd.

Chicago, IL 60604

Dear Mr. Mathur:

I hereby certify pursuant to my authority as the Wisconsin Attorney General and in

accordance with Section 404 (a) of the Toxic Substances Control Act and 40 C.F.R. § 745.324 that the laws and regulations of the State of Wisconsin provide adequate legal authority to

administer and enforce the Pre-Renovation Education and Lead Based Paint Renovation

Programs as described in the enclosed application and submission. The statutes and regulatory

citations below have been lawfully adopted at the time this statement is signed and will be

effective by the time these programs are approved. - The statutory and regulatory authorities providing adequate legal authority are:

I. Sec. 250.04(7), Wis. Stats.

2. Sec. 250.041, Wis. Stats.

3. Sec. 254.115, Wis. Stats.

4. Sec. 254.167, Wis. Stats.

5. Sec. 254.172, Wis. Stats.

6. Sec. 254.176(1) and (3), Wis. Stats.

7. Sec. 254.178(2), Wis. Stats.
ct o

October 19, 

009.

Sincerely,

TB. Van Hollen

Attorney General

JBVH:JSL:rk
October 7, 2009

Bharat Mathur, Acting Regional Administrator

U.S. Environmental Protection Agency Region 5

77 W Jackson Blvd.

Chicago, IL 60604

Dear Mr. Mathur:

I hereby certify in accordance with Section 404 (a) of the Toxic Substances Control Act and

40 CFR § 745.324 (c), that based on the analysis conducted as part of this application, the laws and regulations of Wisconsin as described in this application are at least as protective

as the Federal Pre-Renovation Education and Lead-Based Paint Renovation Programs found

at 40 CFR Part 745, subpart E and provide authority to adequately enforce compliance with

our Pre-Renovation Education and Lead-Based Paint Renovation Programs.

Sincerely,

Governor

cc: EPA Region 5 Lead Coordinator

Enclosure

P.O. Box 7863, MADISON, WIscoNsu 53707-7863 • (608) 266-1212 • FAX: (608) 267-8983 • WWW.WISGOV.STATE.WLIJS

P0 BOX 2659, Room 150

Madison, WI 53701-2659

Notice of Intent of the the laad sampling technician, lead-sate

Department of Health Services worker and lead hazard Investigator dieTo Apply to the U.S. Environmental clplinee; -implemented the lead-free and

Protection Agency laad-saia proprrty registry program; end.

For Authorization to Administer incorporated -EPA definitions for lead, 2

A Lead-Safe Renovation Progreni beeed.palnt hazard, duat--lead. hazard.

Notice is hereby gvan that the Depart- toil lead hazards. and amended clear-.

ment of Health Services IDHS inrenas ance levels,

To fi.Mly nieet:EPA criteria fqr:’

to aeek authorization ‘rem the U.S. En’ authorization ol’ acorrsin’s pro-renDvirorunental Proteceon Agency IEPAI to vahon’:educatiotl:.end.laed renovation. -

administer a lead-safe renovation carti’ .rcpetan9*itL.pro?’aiTs. DHS lisa

fication and training .accrediEation pm- ,hed. lLeadTechriI’.gram in Wiaconaki. OHS wIll conduct!. -‘zal. y’Conmteeraptlqten&;to

- heering.to discuss this intenttoapplyfor

-EPA authorizatinivlf a request fore .*t.nrfl4rkfa -

pg ta.eceivad by OHS within 15 days ‘sllmleatflaeieeid.yIeeikab after publicaton of this notice In addl- ,ccoenewt raøaaettwCse new one-ãay

-don to,orjn-4ieu of;-a hearthg 1flhl pta?, -1eedl.de,anOvaor-CouraeSid helf’day

-ested:partiea ‘are irwited to convnent’oal. - leadade rano.4nêeslaer cowste

--this intent To request a heacfr.g ecabi,lt.

comments. or obtain eddltiot liotma 4&.ipia’renevetion.!e8aOoi..ren0VaE

tion,wrfteto: -.. - -. dapJaaoatcprsetoa--end-reco4aeOPing

Shelley8m,cst - -J . -eaedte7Mntsredd --:•. v’’--’

- DHSAsbeetoa and Lead Section ;--.,. ,.fCreate renovotor-cleaning veifficalon

P0-8ox2659 -. -prococolr4or-’renovaton-ectivles theyMadison Wi 53701-2659 - i’ £onduct’in-prw1978*ousirlg andth’.,

Email: shetiey.bruta@Wiaconstn.DOv occupied fazilites. -

- :2,t...:.

Analysis - - v--. :, -pU8;.WS:Septernber82009t. Under faders! E!A regulations at 40 CFR 4. -

- #iss85 WNAXLP

Subpert-Ot-if the-Stale doesnot have-en - .authortzad.prOgraFn to -administer and: 

-- -enforca-EPA lead renovation, repairand” -- inting requirements.underSubpartE.’ a - -Apdl -22,2009; the Administrator of.

Awill anforceshe.tratning, certification

mid accraditenion requirements-and workpractice siandards.ofSubpart.E.inWis consin as part of the Federal-program,

- DI-IS currently adminisiats an EPA,ap

proved lead certification and - -courss- accreditation program for -leadtwzard ,eductiori and lath. Invesligetidetactivitlea conducted inWissondn. ‘Under

-a. 254.176, Stasa., OHS-is authortzedfd

write miatlist require persons-who per-.

form or.auperviie lead hazard reductIonor lead n,ansgenenl activities to becer,tifled by DHS A lead nazard reduction

- orlaadn,anagementflkiiflg0mitaettat

is represented asqLiallfyiriq persons for

- ceidflcstion-Thmt-b accredited’by’DHS

sod bave-course lneiructors approved

- undtiris25417%’Stats. OHS rulesfor- certification -of lead -abatement other

leadhazárd reduction and lead nmane 9emeni -activities end for acc,editatiootrtraining courses are located. inch- OHS

163, Wis. Adm. Code. Chapter DHS’163

was first iaaued in 1903 under an emet’gency rule order, followed by permanent

- - rules that established training and certtft

cation rkquiranlents for lead abatement (Signed)

4 workers and lead supervisors. and’a’ath’ ing course accreditation requirements.. l lncludiijg instructor approval.’ Tharthó’

was -amended effective Ferusry 18,

1 997.’by an emergency ordertbet.added

the certification - disciplines ‘of. -lead inspector, lead prdject designer, end lead risk assessor :-for..persons engaged :in

lead management activities and addedaccreditation requirements for the cotitiaponding training courses. The perma nent rule published in November 1997

expanded the -scope of the rule to in clude dli target (pre-18781 housing. The

rule wee again amended by emergencyorder on Auguat 29, 1998 to incorporate

work praclice atandards for lead abate

ment, inspection, risk assessment, leadhazard screen and clearance activttiea;require lead cornpany certification; add enforcement lengusge; and mandatestate.adminietered examinations for leadsupervisors, inspectors and risk assessors. Application for program approval’waa made to EPA in August 1998 and

EPA granted Wisconsin lead certificationprogram authorization on January-2Z

1999. Later amendments to the adminis’

trative rule made in 2000. 200Z and 2003 - created one-day lead sampling, lead-safe work-end lead abatement work coursea;

Arlene Staff

being duly sworn, doth depose and say that

he (she) is an authorized representative of

Capital Newspapers, publishers of

Wisconsin State Journal

newspaper, at Madison, the seat of government of said State,

and that an advertisement of which the annexed is a true

copy, taken from said paper, was published therein on

September 8th, 2009

I__i O i -4

(Title)

Subscribed and sworn to before me on

izi.z21

Lk

Notary Pub1i Dane runty, Wisconsin

My Commission expires May 24th, 2013
authorization if a request for a hearing is received by DI-IS within 15 days after publication of this notice. In

addition to, or in lieu of, a hearing, all interested parties are invited to comment on this intent. To request a

hearing, submit conmients, or obtain additional information, write to:

Shelley Bruce

DHS Asbestos and Lead SectionP0 Box 2659

Madison WI 53701-2659Email: e.bpicwisconsingpy

Analysis

Under federal EPA regulations at 40 CFR Subpart Q, if the State does not have an authorized program toadminister and enforce EPA lead renovation, repair and painting requirements under Subpart E by April 22,2009, the Administrator of EPA will enforce the training, certification and accreditation requirements and work

practice standards of Subpart E in Wisconsin as part of the Federal program. DUS currently administers an

EPA-approved lead certification and training course accreditation program for lead hazard reduction and lead

investigation activities conducted in Wisconsin. Under s. 254.176, Stats., DFIS is authorized to write rules that

require persons who perform or supervise lead hazard reduction or lead management activities to be certified byDHS. A lead hazard reduction or lead management training course that is represented as quali’ing persons forcertification must be accredited by DHS and have course instructors approved under s. 254.178, Stats. DHS

rules for certification of lead abatement, other lead hazard reduction and lead management activities and for

accreditation or training courses are located in ch. DHS 163, Wis. Adm. Code. Chapter DHS 163 was first

issued in 1993 under an emergency rule order, followed by permanent rules that establishedtraining and

certification requirements for lead abatement workers and lead supervisors, and training course accreditation

requirements, including instructor approval. The rule was amended effective February 18, 1997, by an

emergency order that added the certification disciplines of lead inspector, lead project designer, and lead riskassessor for persons engaged in lead management activities and added accreditation requirements for the

corresponding training courses. The permanent rule published in November 1997 expanded the scope of the

rule to include all target (pre-1978) housing. The rule was again amended by emergency order on August 29,

1998 to incorporate work practice standards for lead abatement, inspection, risk assessment, lead hazard screen

and clearance activities; require lead company certification; add enforcement language; and mandate stateadministered examinations for lead supervisors, inspectors and risk assessors. Application for program approval

was made to EPA in August 1998 and EPA granted Wisconsin lead certification program authorization onJanuary 27, 1999. Later amendments to the administrative rule made in 2000, 2002 and 2003 created one-day

lead sampling, lead-safe work and lead abatement work courses; the lead sampling technician, lead-safe worker

and lead hazard investigator disciplines; implemented the lead-free and lead-safe property registry program; andincorporated EPA definitions for lead-based paint hazard, dust lead hazard, soil lead hazards, and amended

clearance levels. To fully meet EPA criteria for authorization of Wisconsin’s pre-renovation education and lead

renovation, repair and painting programs, DHS has held open meetings with its Lead Technical AdvisoryCommittee and intends to revise its current lead program and administrative rule to:• Eliminate the one-day lead-safe worker course and replace it with a new one-day lead-safe renovator course

and half-day lead-safe renovator refresher course;

• Add renovator training and certification, pre-renovation education, renovation work practice and

recordkeepmg requirements; and

• Create renovator cleaning verification protocols for renovation activities they conduct in pre-1978 housing

and child-occupied facilities.