reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.01 - Radioactive Hazardous Substances Management › Section 26.15.01.03 - Availability and Confidentiality of Information

Current through Register Vol. 51, No. 14, July 12, 2024
Availability and confidentiality of information contained
					 in documents submitted to the Department under this subtitle shall be subject
					 to the requirements of COMAR
					 26.13.01.02 s and State Government
					 Article, 10-611-----10-630, Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.01 - Radioactive Hazardous Substances Management › Section 26.15.01.04 - Rule-Making Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
Petitions to the Secretary to modify or revoke any
					 provision in this subtitle will be subject to the requirements of COMAR
					 26.13.01.04 a and
					 26.01.03.03 a.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.02 - Identification, Classification, and Minimum Predisposal Requirements to RHS › Section 26.15.02.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter identifies those solid wastes which are
					 subject to regulation as RHS under this subtitle. Regulation .02 of this
					 chapter defines RHS. Regulation .03 of this chapter discusses classification of
					 RHS. Regulation .04 of this chapter establishes predisposal requirements for
					 classes of RHS.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.02 - Identification, Classification, and Minimum Predisposal Requirements to RHS › Section 26.15.02.02 - Definition of Radioactive Hazardous Substance

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Radioactive hazardous substance (RHS)"
				  means a solid waste that contains or is contaminated with radioactive material
				  emitting primarily gamma or beta radiation and is not transuranic waste or
				  high-level nuclear waste.
B. "RHS"
				  does not include:
(1) RHS owned or generated
				  by the U.S. Department of Energy;
(2) RHS owned or generated by the U.S. Navy
				  as a result of the decommissioning of vessels of the U.S. Navy;
(3) RHS owned or generated by the federal
				  government as a result of any research, development, testing, or production of
				  any atomic weapon;
(4) Any other
				  RHS with concentrations of radionuclides that exceed the limits established by
				  the U.S. Nuclear Regulatory Commission for class C radioactive waste, as
				  defined by 10 CFR §
												61.55, in effect on January 26,
				  1983;
(5) Waste that, when surveyed
				  at the container surface or, if deemed appropriate by the Secretary, sampled
				  and analyzed, demonstrates the absence of radioactivity that can be
				  distinguished from the background radiation level using radiation detection
				  methods considered appropriate by the Secretary; or
(6) Excreta from individuals undergoing
				  medical diagnosis or therapy with radioactive material.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.02 - Identification, Classification, and Minimum Predisposal Requirements to RHS › Section 26.15.02.03 - Classification of Radioactive Hazardous Substances for Near-Surface Disposal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An RHS is
				  classified according to the concentration of long-lived radionuclides and their
				  shorter-lived precursors.
B. The
				  class of an RHS is determined using Table 1 in §C of this regulation or Table 2
				  in §D of this regulation, as applicable.
C. Classification Determined by Long-Lived
				  Radionuclides.
(1) If the RHS contains only
				  radionuclides listed in Table 1, classification is determined as follows:
(a) If the concentration does not exceed 0.1
				  times the value in Table 1, the RHS is Class A;
(b) If the concentration exceeds 0.1 times
				  the value in Table 1, and does not exceed the value in Table 1, the RHS is
				  Class C;
(c) If the concentration
				  exceeds the value in Table 1, the RHS is greater than Class C and is not
				  generally acceptable for near-surface disposal.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.02 - Identification, Classification, and Minimum Predisposal Requirements to RHS › Section 26.15.02.04 - Minimum Predisposal Requirements for Classes of RHS

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before shipping RHS for disposal, a
				  person:
(1) Shall package RHS in conformance
				  with the conditions of the RHS facility permit issued to the site owner or
				  operator to which the RHS will be shipped;
(2) May not package RHS for disposal in
				  cardboard or fiberboard boxes;
(3)
				  Shall package RHS that is in a liquid state in sufficient absorbent material to
				  absorb twice the volume of any liquid that is present;
(4) Shall package solid RHS containing liquid
				  to contain as little free-standing and noncorrosive liquid as is reasonably
				  achievable, but the liquid may not exceed 1 percent of the volume;
(5) Shall insure that RHS is not readily
				  capable of detonation, of explosive decomposition or reaction at normal
				  pressures and temperatures, or of explosive reaction with water;
(6) Shall assure that the RHS does not
				  contain, and is not capable of generating, concentrations of toxic gases,
				  vapors, or fumes harmful to persons transporting, handling, or disposing of the
				  waste, except that this does not apply to gaseous RHS packaged in accordance
				  with §A(8) of this regulation;
(7)
				  Shall treat, prepare, and package RHS that contains pyrophoric materials in a
				  manner which assures that the flash point is above 100°F or 37.8°C;
(8) Shall package RHS that is in a gaseous
				  state at an absolute pressure that does not exceed 1.5 atmospheres at
				  20°C;
(9) May not permit the total
				  radioactivity to exceed 100 curies per container for RHS packages described in
				  §A(8) of this regulation; and
(10)
				  Shall manage RHS waste containing other hazardous waste or special medical
				  waste, in accordance with the requirements of COMAR 26.13, to reduce, to the
				  maximum extent practicable, the potential nonradiological hazard.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.02 - Identification, Classification, and Minimum Predisposal Requirements to RHS › Section 26.15.02.9999 - Administrative History

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A person who generates RHS using generally or specifically
					 licensed radioactive materials, or materials subject to the general or specific
					 licensing requirements of COMAR
					 26.12.01.01 a or comparable
					 regulations issued by the U.S. Nuclear Regulatory Commission or another
					 agreement state, is subject to these regulations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.02 - Characterization and Management of RHS

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who generates a solid waste as
				  defined in COMAR
				  26.13.02.02 a shall determine if
				  that waste is an RHS by determining whether the RHS is excluded from the RHS
				  disposal requirements under COMAR
				  26.15.02.02 a, or RCIR, §§C.3 and
				  C.4.
B. If radioactive components
				  of the waste are not excluded under §A of this regulation, they shall be
				  managed and disposed of in accordance with this subtitle.
C. A person who generates an RHS which
				  contains, or is contaminated with, another CHS shall also manage that material
				  in compliance with COMAR 26.13.01-26.13.13.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.03 - Audits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons who
				  arrange for transfer of RHS to a near-surface disposal facility permitted by
				  another agreement state or the U.S. Nuclear Regulatory Commission shall
				  establish and maintain an audit program to assure that the waste form,
				  packaging, and content meet the criteria for waste form, packaging, and content
				  of COMAR 26.15.02.04 a.
B. A person subject to this regulation shall
				  assure that:
(1) The audits are performed, in
				  accordance with written procedures and check lists, by appropriately trained
				  personnel not having direct responsibility in the areas being
				  audited;
(2) Audit results are
				  documented, and the results are reviewed by management having responsibility in
				  the area audited; and
(3) Follow-up
				  action, including correction and reauditing of deficient areas, is taken when
				  indicated.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.04 - Transportation of RHS

Current through Register Vol. 51, No. 14, July 12, 2024
Before transportation of RHS outside of the confines of the
					 RHS facility or other location where the RHS is generated, and before delivery
					 to a transporter, an RHS generator shall comply with the applicable packaging
					 and labeling requirements of the regulations appropriate to the mode of
					 transport in 49 CFR 170 ----- 189, which is incorporated by
					 reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.05 - RHS Manifest

Current through Register Vol. 51, No. 14, July 12, 2024
RHS generators, facility owners or operators, and
					 transporters who ship RHS for transfer and disposal shall comply with the
					 manifest requirements of 10
					 CFR §
											20.2006.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.06 - Disposal of Specific Wastes

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A person may dispose of the following RHS in accordance with a general or
				  specific license without regard for the radioactivity of the RHS:
(1) 0.05 microcurie or less of hydrogen 3 or
				  carbon 14 per gram of medium for liquid scintillation counting;
(2) 0.05 microcurie or less of hydrogen 3 or
				  carbon 14 per gram of animal tissue averaged over the weight of the entire
				  animal, except that tissue may not be disposed of under this regulation in a
				  manner that would permit its use either as food for humans or as animal
				  feed.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.07 - Annual Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for
				  persons identified in § D of this regulation, a person managing RHS shall
				  prepare and submit a single copy of an annual report to the Secretary by March
				  1 of each year. The Department shall provide the report form and instructions
				  to be used for the report.
B. A
				  person required to submit an annual report under §A of this regulation shall
				  ensure that the annual report covers RHS management activities during the
				  previous calendar year and includes the following information:
(1) The facility's name, address, and
				  material user's license number;
(2)
				  The calendar year covered by the report;
(3) For facilities that accepted RHS from off
				  site, the materials user's license number of each RHS generator from which the
				  facility received a shipment of RHS during the year;
(4) A description, and the volume and
				  activity, of each RHS the facility received during the year;
(5) The method of management for each RHS;
				  and
(6) For RHS received from
				  generators in states other than those that are party states to the Appalachian
				  States Low-Level Radioactive Waste Compact, the name and address of the compact
				  commission having responsibility, under the terms of P.L. 99-240, the Low-Level
				  Radioactive Policy Amendments Act of 1985, for the state in which the waste was
				  generated.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 15 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES › Chapter 26.15.03 - Standards Applicable to Generators of RHS › Section 26.15.03.08 - Audits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons who
				  arrange for transfer of RHS to a near-surface disposal facility permitted by
				  another agreement state or the U.S. Nuclear Regulatory Commission shall
				  establish and maintain an audit program to assure that the waste form,
				  packaging, and content meet the criteria for waste form, packaging, and content
				  of COMAR 26.15.02.04 a.
B. A person subject to this regulation shall
				  assure that:
(1) The audits are performed, in
				  accordance with written procedures and check lists, by appropriately trained
				  personnel not having direct responsibility in the areas being
				  audited;
(2) Audit results are
				  documented, and the results are reviewed by management having responsibility in
				  the area audited; and
(3) Follow-up
				  action, including correction and reauditing of deficient areas, is taken when
				  indicated.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes:
A. Requirements and standards for the
				  accreditation of contractors, supervisors, inspectors, project designers, and
				  trainers providing lead paint abatement services for residential, public, or
				  commercial buildings, bridges, or other structures or
				  superstructures;
B. Job performance
				  standards for contractors, supervisors, and other persons disturbing a
				  lead-containing substance in residential, public, and commercial buildings;
				  and
C. Training requirements for
				  workers who perform lead paint abatement services.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abatement" means a set of measures
				  designed to eliminate or reduce lead-based paint hazards in residential,
				  public, or commercial buildings, bridges, or other structures or
				  superstructures in accordance with standards established by the Department,
				  which may include:
(a) The removal of
				  lead-based paint and lead-contaminated dust, the containment or encapsulation
				  of lead-based paint, the replacement or demolition of lead-painted surfaces or
				  fixtures, and the removal or covering of lead-contaminated soil; and
(b) All preparation, cleanup, disposal, and
				  post-abatement clearance testing activities associated with these
				  measures.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.02-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1)
											40 CFR §
												745.225(d) and (e)
				  (2003).
(2)
											40 CFR §
												745.227 (2003).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.03 - Applicability of this Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  presence of a lead-containing substance is presumed in any residential building
				  constructed before 1950 unless a person determines that all painted surfaces
				  are lead-free in accordance with §B of this regulation.
B. Determination of lead content in paint
				  shall be based on:
(1) Use of an XRF by an
				  accredited person;
(2) Analysis by
				  a qualified laboratory of paint samples from surfaces to be disturbed during
				  the project;
(3) A specific
				  knowledge of the painting history of the structure; or
(4) Other procedures approved on a
				  case-by-case basis by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.04 - Accreditation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a person
				  is accredited by the Department or trained under this chapter, the person may
				  not provide:
(1) Lead paint abatement
				  services as a contractor, inspector, lead paint risk assessor, supervisor, or
				  worker; or
(2) Training to others
				  who provide lead paint abatement services.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.05 - General Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not provide a lead paint
				  abatement service unless the individual has successfully completed the
				  appropriate accredited training course for that service.
B. The curriculum for each training course
				  shall be developed by the training provider in conformance with standards
				  included in this chapter, including all applicable topics set forth in
				  40 CFR §
											745.225(d) and (e), and
				  subject to approval by the Department.
C. The curriculum shall include:
(1) Required topics, as specified in this
				  chapter;
(2) Learning activities
				  which include lecture, demonstration of techniques and methods, and direct,
				  hands-on experience; and
(3)
				  Written instructional and reference materials.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.06 - Examination Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  training provider shall only administer examinations approved or provided by
				  the Department.
B. The examination
				  for a course shall reflect each of the designated content areas for the course
				  and may include written, oral, and practical application components.
C. The training provider shall administer the
				  examination for each course.
D. The
				  Department may establish and administer a qualifying examination for
				  instructors for each category of training course.
E. The passing score for the instructors'
				  examination shall be 90 percent, and the passing score for all other
				  examinations shall be 70 percent.
F. Third-Party Examinations.
(1) Accreditation for the following lead
				  paint abatement service categories requires a third-party examination after
				  successfully completing and passing an initial course for that particular lead
				  paint abatement service category:
(a) Lead
				  paint inspector technician;
(b)
				  Lead paint risk assessor; or
(c)
				  Lead paint removal and demolition supervisor.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.07 - Lead Paint Abatement Worker Training Requirements for Residential, Commercial, and Public Buildings

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) A lead paint abatement
				  worker shall have:
(a) Successfully completed
				  an initial course and any review courses, as specified in this
				  chapter;
(b) Received an
				  identification card, issued by the training provider as proof of training,
				  indicating an expiration date which is 36 months following the completion date;
				  and
(c) Completed the specified
				  review course before the expiration date.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.08 - Project Designer Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. A project designer
				  shall have:
(1) Successfully completed the
				  lead paint removal and demolition supervisor course during the previous 24
				  months;
(2) Received, as proof of
				  training, an identification card, issued by the training provider, indicating
				  an expiration date which is 24 months following the course completion
				  date;
(3) Completed the specified
				  review course and passed the examination designated for that course before the
				  expiration date on the identification card; and
(4) Responsibility for oversight of a large
				  scale lead paint abatement project and shall ensure completion of the abatement
				  project in compliance with the applicable requirements of this chapter, COMAR
				  26.02.07, and COMAR 26.16.01.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.09 - Lead Paint Abatement Services Contractor Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A contractor who
				  offers to perform lead paint abatement services shall be accredited.
B. In order to be accredited, a contractor
				  shall pay the fee in Regulation .20 of this chapter and submit to the
				  Department:
(1) A letter certifying that the
				  contractor will employ, hire, or contract only with:
(a) Supervisors accredited by the Department
				  in the area for which their expertise is used;
(b) Workers trained in the work being
				  performed; and
(c) Accredited
				  inspectors and lead paint risk assessors;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.10 - Supervisor Accreditation Requirements for Residential, Commercial, and Public Buildings

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) A lead paint abatement
				  supervisor shall have:
(a) Successfully
				  completed an initial course and passed the examination designated for that
				  course, as specified in this regulation; and
(b) Received, as proof of training and
				  accreditation, an identification card and a certificate indicating an
				  expiration date which is 24 months following the accreditation date.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.11 - Contractor/Supervisor Performance Standards for Residential Buildings and Child Care Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for
				  performance of lead hazard reduction treatments, persons performing lead paint
				  abatement services shall ensure that the provision of lead paint abatement
				  services involving residential buildings and child care centers conforms to
				  COMAR 26.02.07.
A-1. At least 24
				  hours but not more than 10 days before beginning lead paint abatement projects
				  for residential buildings, the contractor or supervisor shall notify the
				  Department of the location and anticipated start and completion dates for the
				  projects.
B. On-Site Inspections.
(1) The accredited supervisor providing
				  oversight for lead paint abatement services shall, at a minimum, conduct an
				  on-site review at the following times:
(a) At
				  the beginning of a project to ensure that required containment measures are in
				  place; and
(b) During final cleanup
				  of a project to ensure that all work has been satisfactorily completed and that
				  cleanup is conducted in compliance with COMAR
				  26.02.07.08 a or §C of this
				  regulation, as applicable.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.12 - Contractor/Supervisor Performance Standards for Commercial and Public Buildings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for
				  performance of lead paint abatement services in residential buildings and child
				  care centers, persons accredited under this chapter shall ensure that lead
				  paint abatement services involving commercial and public buildings conform to
				  this regulation.
B. For the
				  purposes of this regulation:
(1) "Commercial
				  building" means offices, stores, shops, or other retail space and any building
				  accessible to the public; and
(2)
				  "Public building" means any government building accessible to the
				  public.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.13 - Structural Steel Lead Paint Abatement Training and Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Structural Steel Worker Training Requirements.
(1) The general requirements for lead paint
				  abatement worker training specified in Regulation .07A of this chapter apply to
				  structural steel lead paint abatement workers.
(2) Initial Training Course Requirements.
(a) The initial structural steel worker
				  course shall provide at least 7 hours of instruction time.
(b) The initial course shall cover the
				  following topics:
(i) Core topics listed in
				  Regulation .05 of this chapter;
(ii) Control of environmental lead
				  contamination, including establishing and maintaining containment, and disposal
				  of contaminated debris;
(iii)
				  Prevention of lead exposures, including engineering controls, providing and
				  maintaining ventilation in containment, hygiene, use of personal protection
				  clothing and equipment, and respirator selection, maintenance, and fit testing;
				  and
(iv) Protection from heat,
				  falls, chemical exposures, and other hazards associated with materials and
				  equipment commonly employed in lead paint removal.
(c) The course shall provide realistic
				  demonstration of abatement techniques and direct hands-on experience with
				  appropriate techniques.
(3) The structural steel worker review course
				  shall:
(a) Provide at least 7 hours of
				  instruction; and
(b) Cover the
				  topics included in the initial course, with specific emphasis on new and
				  emerging techniques and procedures.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.14 - Lead Paint Inspector Technician Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) A lead paint inspector
				  technician shall have successfully completed an initial course, as specified in
				  this regulation, and passed the examination designated for that
				  course.
(2) A lead paint inspector
				  technician shall have received, as proof of training and accreditation, an
				  identification card and a certificate indicating an expiration date which is 24
				  months following the accreditation date.
(3) Unless the lead paint inspector
				  technician has completed the specified review course, passed the examination
				  designated for that course, and applied for renewal of accreditation before the
				  expiration date, the lead paint inspector technician's accreditation expires as
				  of that date.
(4) A lead paint
				  inspector technician who is employed by or otherwise performs inspections for a
				  lead paint inspection contractor shall conduct inspections to identify and
				  measure the lead content in paint, as specified in COMAR 26.16.05.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.15 - Lead Paint Visual Inspector Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements. A lead paint visual
				  inspector shall have:
(1) Successfully
				  completed an initial course, as specified in this regulation, and passed the
				  examination designated for that course;
(2) Received, as proof of training, a
				  certificate and identification card indicating an expiration date which is 24
				  months following the accreditation date; and
(3) Completed the specified review course and
				  passed the examination designated for that course before the expiration
				  date.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.16 - Lead Paint Risk Assessor Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1) A lead paint risk assessor shall have:
(a) Successfully completed the lead paint
				  inspector technician course and passed the examination designated for that
				  course; and
(b) Received, as proof
				  of training and accreditation, an identification card and a certificate
				  indicating an expiration date which is 24 months following the accreditation
				  date.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.17 - Training Provider Accreditation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may accredit a training
				  provider separately for each training course to be provided by that training
				  provider. Accreditation is based on:
(1)
				  Approval by the Department of an application submitted by the training
				  provider; and
(2) An audit, by the
				  Department, of a class conducted by the training provider implementing the
				  curriculum included in the application.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.18 - Lead Abatement Instructor Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Accreditation.
(1) The primary instructor and, except as
				  provided in §B of this regulation, any other instructor for a lead paint
				  abatement training course, shall be currently accredited by the Department
				  before participating in the presentation of the course.
(2) The Department may issue a certificate to
				  an instructor who meets the qualifications specified in this regulation. The
				  certificate shall:
(a) Specify the training
				  courses which the instructor is qualified to teach; and
(b) Indicate an expiration date which is 12
				  months following the date of the instructor accreditation examination or
				  examinations.
(3) An
				  instructor shall have successfully completed a course which is comparable to
				  that which the instructor will teach and which has been approved by the
				  Department.
(4) Instructor
				  Accreditation Examination.
(a) The Department
				  may establish a standardized instructor accreditation examination for each
				  category of training to be provided under these regulations.
(b) An accredited instructor shall have
				  successfully attained a passing score on the instructor accreditation
				  examination for any category of training which the instructor is to
				  provide.
(5) Unless the
				  instructor has passed the examination or examinations for the designated course
				  or courses and has applied for renewal of accreditation before the expiration
				  date, the instructor's accreditation expires as of that date.
(6) Experience. An accredited instructor:
(a) Shall have documented on-site experience
				  with lead paint abatement projects which have been conducted in accordance with
				  COMAR 26.02.07 or other lead paint abatement standards established by the
				  Department; and
(b) For a lead
				  paint inspector technician course shall:
(i)
				  Be an accredited lead paint inspector, and
(ii) Have at least 6 months of experience in
				  the performance of lead paint inspection work, using portable XRF devices and
				  other relevant techniques.
(7) An individual who has served as an
				  instructor in a worker training course approved by the Department under COMAR
				  26.02.07.11 a satisfies the
				  training and experience required by §A(6) of this regulation to serve as an
				  instructor for a lead paint abatement worker training course.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.19 - Suspension or Revocation of Accreditation or Training Identification Card

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may suspend or revoke the accreditation or training identification card of a
				  person accredited or trained under provisions of this chapter if the person:
(1) Misrepresents or falsifies, to the
				  Department, to a client, or to a customer, facts relating to lead paint
				  abatement services;
(2) Fails at
				  any time to meet the qualifications for accreditation or training established
				  in this chapter;
(3) Violates
				  provisions of this chapter or other applicable regulatory
				  requirements;
(4) Is determined by
				  the Department or another competent regulatory authority to be negligent or
				  incompetent in performing lead paint abatement services;
(5) Issues or uses false or altered
				  accreditation, certificates or training identification cards;
(6) As a training provider or an instructor,
				  is determined at any time by the Department to provide inaccurate information
				  or inadequate training; or
(7)
				  Performs an activity at a job site, requiring accreditation or training,
				  without being in physical possession of a current accreditation certificate or
				  training identification card.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.01 - Accreditation and Training for Lead Paint Abatement Services › Section 26.16.01.20 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees shall be
				  deposited in the Lead Accreditation Fund.
B. Payment of fees under this subtitle shall
				  be in the form of a personal check, cashier's check, or money order made
				  payable to the Lead Accreditation Fund.
C. Accreditation fees may not be imposed on
				  the following:
(1) A State or local
				  government;
(2) An employee of a
				  State or local government providing a lead paint abatement service on behalf of
				  that government; or
(3) A nonprofit
				  training program.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes requirements and standards for the
					 maintenance and inspection of residential rental properties.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.02-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The U.S. Department of Housing and Urban Development
					 Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
					 Housing (Second Edition, July, 2012), Chapter 7: Lead-Based Paint Inspection is
					 incorporated by reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.03 - Certificate to Verify Satisfaction of the Risk Reduction Standard

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner of a
				  rental property shall:
(1) Verify compliance
				  with the risk reduction standard of Environment Article, §
											6-815, Annotated Code of
				  Maryland, by an inspection for lead-contaminated dust, as specified in §B of
				  this regulation, provided that any chipping, peeling, or flaking paint has been
				  removed or repainted on the exterior painted surfaces of the residential
				  building in which the rental dwelling unit is located and the interior painted
				  surfaces of the rental dwelling unit; or by satisfaction of the requirements in
				  §A(2) of this regulation; and
(2)
				  Verify compliance with the risk reduction standard of Environment Article, §
											6-819, Annotated Code of
				  Maryland, by a visual inspection as specified in §C of this regulation, to
				  verify compliance with the required lead hazard reduction treatments, and an
				  inspection for lead-contaminated dust, as specified in §B of this
				  regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.04 - Certification of Lead-Safe Housing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An accredited lead paint inspection contractor may issue a certificate of
				  lead-safe housing following an inspection that:
(1) Establishes compliance with the risk
				  reduction standard as specified in Environment Article, §
											6-815, Annotated Code of
				  Maryland;
(2) Incorporates the lead
				  dust sample location methods set forth in §B(3) of this regulation;
				  and
(3) Verifies that all windows
				  are either lead-free or have been treated so that all friction surfaces are
				  lead-free.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.06 - Issuance of Failing Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inspection demonstrates that a unit
				  has not been brought into compliance with the applicable standards under
				  Environment Article, §
										6-804,
				  6-815, or
				  6-819, Annotated Code of
				  Maryland, the unit is considered to have failed the inspection and a failing
				  certificate shall be issued.
B. If
				  a unit fails inspection, the lead paint inspection contractor shall submit a
				  copy of the failing certificate to the Department within 30 calendar days
				  following the inspection or receipt of the laboratory analysis of dust
				  samples.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.07 - Encapsulant Coating of Lead-Based Paint

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application of an encapsulant coating used
				  to meet risk reduction standards under Environment Article, §
										6-819(a)(2),
				  Annotated Code of Maryland, shall conform to the standards of this
				  regulation.
B. An encapsulant
				  coating using fiberglass mats shall:
(1)
				  Fully cover the surface which contains lead-based paint; and
(2) Be secured at all edges.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.08 - Invalid Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  certificate is invalid if the inspector or risk assessor is not accredited at
				  the time it is issued.
B. A
				  certificate issued by an accredited inspector or risk assessor following
				  procedures set forth in the lead paint inspection contractor's approved
				  protocols, as required by COMAR
				  26.16.01.09 a, may be invalidated
				  by the Department if:
(1) The accreditation
				  of the lead paint inspection contractor had expired before the issuance of the
				  certificate; and
(2) Application
				  for renewal was not submitted to the Department in a timely manner.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.04 - Verifiable Methods Approved by the Department › Section 26.16.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth verifiable methods for sending
					 notice when notice is required under Environment Article, 6-801-6-852,
					 Annotated Code of Maryland
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.04 - Verifiable Methods Approved by the Department › Section 26.16.04.02 - Manner of Sending Notice

Current through Register Vol. 51, No. 14, July 12, 2024
In any instance when notice is permitted by a verifiable
					 method under Environment Article, amp;pound;$6-817, 6-819, 6-820, and 6-823,
					 Annotated Code of Maryland, notice shall be sent by any method in which written
					 receipt may be acknowledged by the intended recipient, agent, or
					 representative.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.01 - Scope and Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter governs the performance of lead paint abatement services in
				  Maryland.
B. A person performing a
				  lead inspection, lead risk assessment, or clearance inspection shall:
(1) Be accredited by the Department;
				  and
(2) Comply with the applicable
				  procedures in this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Lead-based paint inspection" means a
				  surface-by-surface evaluation of painted surfaces to determine if the
				  concentration of lead exceeds State standards.
(2) "Quantitation limit" has the meaning
				  stated in COMAR
				  26.02.07.02B.
(3) "Risk assessment" means an
				  inspection to determine the presence of lead hazards.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following documents are incorporated
					 by reference:
A.
										40 CFR §
											745.227, as amended;
B. Standard Practice for Collection of
				  Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead
				  Determination (ASTM Standard E1728/E1728M-20, 2020 Edition); and
C. Standard Specification for Wipe Sampling
				  Materials for Lead in Surface Dust (ASTM Standard E1792-03, Reapproved
				  2016).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.04 - Notice to the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A person shall provide the Department advance notice before
					 performing an inspection under this chapter. Notice shall be in writing and
					 shall be provided by hand delivery, facsimile, or mail and shall be received by
					 the Department at least 24 hours before the commencement of the
					 inspection.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.05 - MDE 330 Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Inspections performed under this chapter to satisfy the Maryland Reduction of
				  Lead Risk in Housing Act requirements shall be documented on MDE 330
				  certificates and supporting forms according to procedures established by the
				  Department. MDE 330 forms may not be used for any other purpose.
B. All results of passing inspections shall
				  be submitted to the Department within 10 days of performing a visual
				  inspection, or within 10 days of obtaining laboratory analysis of dust
				  samples.
C. All results of failing
				  inspections shall be submitted to the Department within 30 days of performing a
				  visual inspection, or within 30 days of obtaining laboratory analysis of dust
				  samples.