-. Table 0 — Enforcement Authority Elements: For compliance and enforcement “standards, regulations and authority” program elements and performance objectives. (Note: this represents a generic compliance and enforcement program analysis checklist —an applicant need only address those elements and objectives that relate tothe specific program for which itis seeking authorization). Listof applicable EPA Reg. citations Listof corresponding Comment or analysis Comparison

(40 CFR 745 subparts E/L/Q) State authority citations - (provides/does not -OHS 163 provide adequate ____________________________ enforcement) 745.327(b) (1)— Standards, regulations Ch. 254, Wis. Stats. and Ch. 254.115, 254.167, 254172, 254.176, 254.178 and provides adequate & authority that cover lead-based paint DES 163, Wis. Adm. Code 254.30, Wis. Stats. enforcement activities & requirements. 163.30 - 163.33, Wis. Adm. Code 745 .327(b)(1)(i) — accreditation of 163.20 — 163.25 Complete accreditation program covering all elements provides adequate training programs as described at required under 745.325 (b), including training enforcement 745.325(b). curriculum, training hour, hands-on training, trainee competency and proficiency, and training program quality control requirements, and procedures forre . accreditation, training program oversight, andthe suspension, revocation or modification of training program accreditations. See Table Cfor accreditation program details. 745.327(b)(1)(ii) — certification of Ch. 254.176, Wis. Stats. WI’s certification requirements under 163.10 to 163.11 provides adequate individuals engaged in lead-based paint and meet allofthe provisions of 745.325 (c)for enforcement

activities as described at 745.326. 163.10— 163.11 certification of individuals. The program hasthe rules, policies and procedures to ensure that individuals are trained by accredited training programs and possess . appropriate education or experience qualifications for certification, andhas procedures for re-certification. The department has clear enforceable work practice standards foralllead disciplines and enforcement procedures for suspension, revocation or modification of certifications. See Table Cfor certification program ;_details. 745.327(b)(1)(iii) — standards forthe 163.14 DHS 163 includes complete work practice standards for provides adequate conduct of lead-based paint activities as lead inspection, risk assessment and abatement enforcement ‘ described at745 .325(d), andas activities. The Wisconsin lead certification program for appropriate, lead hazard reduction and lead investigation activities, including lead inspection, risk assessment and abatement activities, was approved by EPAin January, 1999.745.327(b)(1)(iv) — requirements that 163.10 (1) DM5 163.14 (10) provides requirements and procedures provides adequate regulate the conduct of renovation 163.14 (10) and (11) for renovation disclosure, including for distribution of enforcement activities as described at 745.326. approved lead hazard information to affected owners and occupants before renovations for compensation and

an approved pamphlet, which isthe EPA Renovate Right pamphlet. TheWI program also has clear standards for identifying renovations that trigger pamphlet distribution under 163.10 (1)and procedures at 163.14 (10)forthe distribution ofthe pamphlet. 745.327(b) (2) —Authority to enter S. 254.30(1), Wis. Stats., Under DM5 163.30 (3)a representative ofthe provides adequate

premises or facilities where lead-based and department may inspect thesite where a violation is enforcement paint activities violations may occur for 163.30 (3) alleged tobe occurring ortohave occurred, enterasite purposes of conducting inspections, where regulated activity isorhas been conducted or thatthe department has reason to believe maybe involved witha regulated activity, enterasite where a

person conducts business regulated under department rule, entera premises forthe purpose of conducting an audit ofa training course. 745 .327(b)(2)(i)

—State officials must be 163.30 (3)(a) -(c) Under these provisions department representatives may provides adequate abletoenter premises or facilities where enter the place of business ofa training provider to enforcement those engaged in training for lead-based review and copy records ortake other actions needed to paint activities conduct business, determine compliance with the chapter, andto conduct an audit ofan accredited training course to determine ;_________________________________________ compliance with accreditation requirements. I 745.327(b)(2)(ii) —Forthe purposes of 163.30 (3)(b) This provision specifically provides the department provides adequate enforcing a renovation program, State authority toenteraplace where a regulated entity enforcement

officials must beabletoenterafirm’s conducts business. place of business or work site.

745 .327(b)(2)(iii) —State officials must 163.30 (3)(b) This provision also provides the department authority to provides adequate have authority totake samples and conduct tests, take samples, review work practices, enforcement review records aspartofthe lead-based review and copy records, and perform other activities to

paint activities inspection process. determine compliance. 745.327(b) (3)—A State compliance and 163.32 andthe DM5 The lead program hasafull array of flexible and provides adequate enforcement program must provide fora Asbestos and Lead increasingly serious enforcement remedies provided enforcement diverse and flexible array of remedies Program Enforcement under administrative code and procedures for their use that are documented inan enforcement Policy Manual, outlined inthe enforcement manual. response policy. Pages 15—21 and App. D, Penalty Guidelines 745.327(b)(3)(i)

— Warning letters, 163.32 DHS 163.32, Enforcement Actions, includes issuing provides adequate notices of noncompliance, notices of letters of inquiry, letters of warning, and enforcement violation, orthe equivalent, noncompliance statements —none of which are appealable.745.327(b)(3)(ii) — Administrative or 163.32 (1)— (6) DITS 163.32 (1)— (6) includes administrative actions provides adequate civil actions, including penalty authority, including: Notices of noncompliance with orders to enforcement stop performing regulated activities; denials of certification, accreditation or approval or renewals; civil forfeitures of from $100 -$1,000 per violation per ;day; suspensions of certification, accreditation or approvals; summary suspension of certification; or revocation of certification, accreditation or approval. 745 327(b)(3)(iii) — Authority to apply S. 254.30 (1)(b)and(2) Statutory authority ats. 254.30 (2)(b), Wis. Stats., provides adequate criminal sanctions or other criminal (b), Stats. establishes criminal penalties fora person who enforcement authority using existing State or Tribal 163.30 (4)and knowingly violates any provision ofthe statute orrule laws, as applicable. 163.32 (6) Note promulgated or order issued under the statute. The : department may refer any violation ofthe ruleor orders issued under the ruletothe district attorney ofthe county in which the affected dwelling is located. 745.327(b) (4)—A statement identfving See attached Resources Statement, provides adequate the resources tobe devoted to enforcement administering the State or Tribal compliance and enforcement program; which addresses both fiscal and psonnel resources. - — — —Table E — Enforcement Performance Elements: For compliance and enforcement “performance” program elements and objectives. oq: this represents a generic compliance and enforcement program analysis checklist —an applicant need only address those elements and objectives that relate tothe specific program for which itis seeking authorization).

Listof applicable EPA Reg. citations Listof corresponding Comment or analysis Comparison

(40 CFR 745 subparts E/L/Q) State authority (provides/does not citations —DHS 163 provide adequateperformance or L enforcement) 7 45.327(c)

—The State or Tribal compliance & enforcement program must address the required performance elements. 745.327(c)(1) The program must DHS Asbestos and Lead The program conducts extensive on-the-job training for provides adequate implement a process for training Program Enforcement new environmental health specialists (ERS) who conduct performance enforcement and inspection personnel, Policy Manual, field inspections and case investigations. All EHS ‘s ensure they are well trained, and provide Pages 3-4 complete the department’s 3-day Investigation Course for appropriate continuing education. offered bythe Office of Legal Counsel and must complete lead abatement supervisor and risk assessor certification training, become certified and pass the lead supervisor and lead risk assessor slate exams. In addition, employees who conduct inspections and investigations either have degrees inthe environmental sciences or extensive experience inthe field. 745.327(c)(2) —The program must DHS Asbestos and Lead The lead program is committed to providing information to provides adequate provide compliance assistance tothe Program Enforcement assist the regulated community in understanding and performance

public & regulated community to Policy Manual, complying with the regulations administered bythe facilitate awareness and understanding Page? program andtohelp ensure the safety ofthe public. of& compliance with Stateor Tribal Outreach activities include mass mailings and e-mailings of requirements. regulatory information to affected persons; holding open meetings and public information sessions around the state; providing training and technical assistance tolocal government agencies and industry groups; presenting at regional and statewide conferences; distributing outreach materials attrade shows, home shows and conferences; providing one-on-one compliance assistance during regular inspections; and responding to phone and written inquiries The program also develops outreach materials and mass produces EPAIHUD/CDC materials onlead poisoning and lead-safe work practices. Outreach activities forthe RRP regulations began inthe spring_of 2009_with_a_mass_mailing_and_statewide_public745 327(c)(3)

—The program must have the technological capability to ensure compliance withits requirements,

including access to facilities & equipment necessary to perform

sampling & laboratory analysis, useof recognized labs, and adherence toa quality assurance program. The program follows its Quality Management Plan developed bythe department and approved byEPA Region 5on October 6,2005.Enforcement staff uses documented protocols to perform all sampling activities. These may include: Documented methodologies are required andare defined in Chapter HFS 163as “written protocols, standards or methods that are generally used and accepted for conducting regulated activities.” For dust-wipe sampling, program staff uses: 1995 HUD Guidelines forthe Evaluation and Control for Lead-Based Paint Hazards in Housing (Ch.5, “Risk Assessment,” Ch.15, “Clearance,” and

App. 13.1 “Wipe Sampling for Settled LeadContaminated Dust.” For paint chip sampling: 1995 HIJD Guidelines forthe Evaluation and Control for Lead-Based Paint Hazards in Housing, App. 13.2, “Paint Chip Sampling.”For soil sampling: 1995 HUD Guidelines forthe Evaluation and Control for Lead-Based Paint Hazards in Housing, App. 13.3, “Soil Sampling Protocol for Housing.” Other acceptable documented methods are described in: EPA Guidance on Residential Lead-Based Paint Hazards in Housing EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and LeadContaminated Soil I meetings for contractors, local health departments and other interested persons. Outreach has continued during the

summer andfall with participation in several regional and statewide conference, including for state building inspectors, apartment owners, childcare regulators, and local health department staff, Plans areinplacetomeet .with various builders associations and school conferences. Outreach and compliance assistance activities are reported regularly toEPAinthelead program’s mid-year and annual reports. EPA QMP approval letter,HUD Guidelines,chapters 5,15and Appendices 13.1, 13.2 and 13.3 provides adequateperformance•EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-0Ol, March 1995) •WI Childhood Lead Poisoning Prevention and Control Handbook The program owns an XRF machine, Niton XL-309, for usein identi’ing lead-based painted surfaces andhasand maintains XRF licensing with the state. The program

follows the manufacturer’s use instructions. The program maintains the necessary supplies to conduct dust-wipe and soil sampling and uses the state’s Occupational Health Laboratory (WOHL) inthe State Laboratory of Hygiene, which is NLLAP-accredited and follows itsown quality assurance program as described inthe QMP documents.

Program staffis trained totake tips and complaints. The program accepts tips and complaints and documents and tracks them through its enforcement program using the Wisconsin Asbestos and Lead Database Online (WALDO). The enforcement coordinator ensures thatan inspection officer is assigned to investigate. Complaints are followedupas necessary to determine ifthereis sufficient evidence ofa violation to proceed withacase investigation or referral to another agency. Investigations are pursued when evidence points to possible violations ofDHS 163. The department tracks inspections and enforcement cases in WALDO and uses data and inspector inputto determine appropriate targets for additional oversight. The program hasa proven track record of effective targeting initslead abatement inspection program and plans touse similar techniques and methods inthe lead renovation program. The program has successfully worked with contractors through targeted inspections to improve their work practices and achieve compliance, aswellasto develop a caseofa pattern of non-compliance leading to revocation. The same procedures willbeused forthe renovation program. 745.327(c)(4) —The program must

demonstrate the ability to process & reacttotips& complaints or other information indicating a violation. DHS Asbestos and Lead Program Enforcement

Policy Manual,

Page8 745.327(c)(5) —The program must

demonstrate the ability to target

inspections to ensure compliance. provides adequateenforcement DHS Asbestos and Lead Program Enforcement Policy Manual, Pages 10-12 provides adequateenforcement 745.327(c)(6) —The program must DHS Asbestos and Lead The program hasan established and effective lead provides adequate

demonstrate the bi1ity to reasonably, Program Enforcement enforcement program that includes several environmental enforcement and timely, process & follow-up on Policy Manual, health specialists (EHS’s) asfield inspectors anda inspection reports generated through Pages 13 -15 regulatory specialist who coordinates, processes and tracks enforcement-related activities. all enforcement cases forthe program. The program utilizes its enforcement policy/procedure manual and enforcement. notice/letter templates to assist in efficient and effective , enforcement actions. The EHS documents all inspections in WALDO that includes written comments onthe ! violations observed or found. All cases are discussed at : regular bi-weekly enforcement team meetings. The ‘ regulatory specialist then uses the WALDO information and team decisions, andin consultation with the pnmary EHS, develops the case and writes the notice ofnon compliance letter. 7 4 5.327(c)(7) —The program must DHS Asbestos and Lead The program hasthe ability to order corrections andto provides adequate demonstrate its ability to ensure the Program Enforcement provide oversight to ensure compliance with ordered enforcement

correction of violations. Policy Manual, corrections of violations. Failure to respond to notices of Pages 15 —20 non-compliance orto correct violations leads to increased enforcement actions, including revocation of certification to conduct regulated activities. All new and open cases are reviewed atthe bi-weekly enforcement meetings to ensure timely and appropriate investigations and enforcement actions. The program is supported byan attorney from the department’s Office of Legal Counsel who assists with more complex cases and with appeals. 745.32 7(d) —The State or Tribal The Wisconsin lead certification program commits to provides adequate program must commit to submitting the submitting the required Summary on Progress and performance required Summary on Progress & Performance toEPA ona schedule provided by EPA. Performance. 7 45.327(e)

—An Indian Tribe seeking NA NA NA program authorization must establish a Memorandum ofAgreernent with the • Regional Administrator addressing criminal enforcement matters. 745.327(J) —AState or Tribal program The program will ensure that any electronic reporting provides adequate must ensure that the electronic reporting requirements are met- performance requirements of40 CFR part3are satisfied, f applicable.