North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-24 - Standards for Lead-Based Paint Activities › Section 33.1-15-24-02 - Standards for activities

Current through Supplement No. 393, July, 2024
745.220 Scope and applicability is amended as follows:
(a) This subpart contains procedures and
				requirements for the accreditation of lead-based paint activities training
				programs, procedures, and requirements for the certification of individuals and
				the licensing of firms engaged in lead-based paint activities and work practice
				standards for performing such activities. This subpart also requires that,
				except as discussed below, all lead-based paint activities, as defined in this
				subpart, be performed by certified individuals and licensed firms.
(b) This subpart applies to all individuals
				and firms who are engaged in lead-based paint activities as defined in subpart
				745.223, except persons who conduct these activities within residential
				dwellings that they own, unless the residential dwelling is occupied by a
				person or persons other than the owner or the owner's immediate family while
				these activities are being performed, or a child residing in the building has
				been identified as having an elevated blood lead level.
(c) Each department, agency, and
				instrumentality of the executive, legislative, and judicial branches of the
				federal government having jurisdiction over any property or facility, or
				engaged in any activity resulting, or which may result, in a lead-based paint
				hazard, and each officer, agent, or employee thereof shall be subject to, and
				comply with, all federal, state, interstate, and local requirements, both
				substantive and procedural, including the requirements of this subpart
				regarding lead-based paint, lead-based paint activities, and lead-based paint
				hazards.
(d) While this subpart
				establishes specific requirements for performing lead-based paint activities
				should they be undertaken, nothing in this subpart requires that the owner or
				occupant undertake any particular lead-based paint activity.
745.223 Definitions
The terms United States environmental protection agency
				  administrator and agency are deleted and replaced with department, except for
				  those duties that cannot be delegated by the United States environmental
				  protection agency. For those duties that cannot be delegated, environmental
				  protection agency means the United States environmental protection agency and
				  administrator means the administrator of the United States environmental
				  protection agency.
"Authorized state" is added and means a state that has been
				  authorized in accordance with title 40 Code of Federal Regulations part 745,
				  subpart Q, to administer and enforce sections 745.225, 745.226, and
				  745.227.
The acronym "EPA" is added and means the United States
				  environmental protection agency or authorized state when used in the phrases
				  "accredited by EPA" and "certified by EPA" or when referring to EPA
				  accreditation of a training course or referring to EPA certification of an
				  individual.
Certified firm is amended as follows: delete the words
				  certified and certificate and replace with licensed and license.
"Child-occupied facility" means a building, or portion of a
				  building, constructed prior to 1978, visited regularly by the same child, six
				  years of age or under, on at least two different days within any week (Sunday
				  through Saturday period), provided that each day's visit lasts at least three
				  hours and the combined weekly visit lasts at least six hours, and the combined
				  annual visits last at least sixty hours. Child-occupied facilities may include
				  day care centers, preschools, and kindergarten classrooms.
"Department" means the North Dakota department of
				  environmental quality.
"Elevated blood lead level" means three and five-tenths
				  micrograms of lead per deciliter of whole blood for a single venous
				  test.
"Lead-based paint activities" means in the case of target
				  housing and child-occupied facilities, inspection, risk assessment, and
				  abatement, as defined in this subpart.
"Lead-based paint hazard" is amended as defined in
				  40
				  CFR 745.223 and as defined in
				  40
				  CFR 745.63 and means hazardous lead-based
				  paint, dust-lead hazard or soil-lead hazard or any condition that causes
				  exposure to lead from lead-contaminated dust, lead-contaminated soil, or
				  lead-contaminated paint that is deteriorated or present in accessible surfaces,
				  friction surfaces, or impact surfaces that would result in adverse human health
				  effects as identified by the administrator pursuant to TSCA section 403.
"Licensed firm" is added and means a company, partnership,
				  corporation, sole proprietorship, association, or other business entity that
				  performs lead-based paint activities to which the department has issued a
				  license approval pursuant to North Dakota Administrative Code
				  chapter
				  33.1-15-24.
"Target housing" means any housing constructed prior to 1978,
				  except housing for the elderly or persons with disabilities (unless any one or
				  more children age six years or under resides or is expected to reside in such
				  housing for the elderly or persons with disabilities) or any zero-bedroom
				  dwelling.
The following definitions are incorporated into section
				  745.223:
"Chewable surface" as defined in
				  40
				  CFR 745.63.
"Concentration" as defined in
				  40
				  CFR 745.63.
"Dripline" as defined in
				  40
				  CFR 745.63.
"Dust-lead hazard" as defined in
				  40 CFR
				  745.65(b).
"Friction surface" as defined in
				  40
				  CFR 745.63.
"Impact surface" as defined in
				  40
				  CFR 745.63.
"Paint-lead hazard" as defined in
				  40 CFR
				  745.65(a).
"Play area" as defined in
				  40
				  CFR 745.63.
"Renovation" as defined in
				  40
				  CFR 745.83.
"Soil-lead hazard" as defined in
				  40 CFR
				  745.65(c).
"Soil sample" as defined in
				  40
				  CFR 745.63.
"Wipe sample" as defined in
				  40
				  CFR 745.63.
"Work practice requirements" as defined in
				  40 CFR
				  745.65(d).
745.225 Accreditation of training programs: Target housing
				  and child-occupied facilities.
745.225(a)(2) is deleted.
In 745.225(b)(4), the reference to section 745.238 is deleted
				  and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.225(f)(3)(v), the reference to section 745.238 is
				  deleted and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.225(h)(4)(iv), the number fifteen is deleted and
				  replaced with ten.
In 745.225(h)(5), the references to section 14 of TSCA or by
				  part 2 of this title is deleted and replaced with North Dakota Administrative
				  Code section
				  33.1-15-01-16.
745.226 Certification of individuals and firms engaged in
				  lead-based paint activities: target housing and child-occupied
				  facilities.
745.226(a)(2) is deleted.
In 745.226(a)(6), the reference to section 745.238 is deleted
				  and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.226(b)(1)(ii) after EPA add: or an authorized
				  state.
745.226(d) is deleted and replaced with: Certification based
				  on prior training or prior certification with the United States environmental
				  protection agency or an authorized state.
(1) Anyone who has completed an approved lead
				training course within nine months of the effective date of this rule and has
				not completed a certification examination will have six months from the
				effective date of this rule to complete a certification examination and make
				application to the state.
(2)
				Anyone who is certified by the United States environmental protection agency or
				an authorized state prior to the effective date of this rule will have six
				months from the effective date of this rule to apply for reciprocal lead-based
				paint certification and license in North Dakota. Reciprocity applicants should
				submit an application, proof of training and certification, and the appropriate
				fee in accordance with North Dakota Administrative Code section
				33.1-15-24-04.
				Certification will be for a period of three years from the date of the last
				training course attended.
In 745.226(e)(3), the reference to section 745.238 is deleted
				  and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.226(f), delete the words certification and certified
				  and replace with licensing and licensed.
745.226(f)(5) is deleted.
In 745.226(f)(6), the reference to section 745.238 is deleted
				  and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.226(f)(7), the reference to section 745.238 is deleted
				  and replaced with North Dakota Administrative Code section
				  33.1-15-24-04.
In 745.226(h), delete the word certifications and replace
				  with licenses.
In 745.226(h)(1)(i), delete the words certification and
				  certified and replace with licensing and licensed.
In 745.226(h)(1)(iii), delete the word certification and
				  replace with licensing.
In 745.226(i), delete the words certification and certified
				  and replace with license and licensed when referring to a firm.
In 745.226(i)(4)(iv), the number fifteen is deleted and
				  replaced with ten.
In 745.226(i)(5), the references to TSCA section 14 or by
				  part 2 of this title is deleted and replaced with North Dakota Administrative
				  Code section
				  33.1-15-01-16.
745.227 Work practice standards for conducting lead-based
				  paint activities: target housing and child-occupied facilities.
In 745.227(e)(3), certified firm is deleted and replaced with
				  licensed firm.
745.227(e)(4) is deleted in its entirety and replaced with
				  North Dakota Administrative Code section
				  33.1-15-24-03.
745.227(i) is amended as follows:
(i) Recordkeeping. All reports or plans
				required in this section shall be maintained by the licensed firm or individual
				who prepared the report for no fewer than three years. The licensed firm or
				individual shall also provide copies of these reports to the building owner who
				contracted for its services.
745.233 Lead-based paint activities requirements.