Rev. 0313 1101 STATE STATUTES, REGULATIONS AND lMAYOR'S ORDER Department of Health .

Environmental Health Administration Lead Based Paint Abatement Program APPENDIX C Rev. 0313 1/ 01 STATE STATUTES, REGULATIONS AND MAYOR S ORDERS 1. D. C. Law 11 221 2. D. C. Code 6 997 3. Title 20 DCMR, Section 806 ( Regulations) 4. D. C. Law 5 35,   Lead Based Paint Poisoning Prevention Act of 1983 5. Title 14 DCMR, Section 707.3 et seq. 6. Title 22 DCMR, Section 118 7. D. C. Law 2 28,   Public Property Lead Elimination Act of 1977 8. D. C. Code Section 9 302 9. D. C. Law 6 66, Student Health Care Act 10. 11. 12. 13. 14. 15. 16.

17. 18. 19. D. C. Code Section 31 2401 Title 29 DCMR, Section 327.4 Mayor s Order 97 42 Mayor s Order 99 68 The Department of Health Organization Order No. 99 24 D. C. Law 13 103 16 DCMR, Section 3240 ( Civil Infractions for Lead Based Paint Abatement and Control) Civil Infractions Act 9 6 2701 16 DCMR, Section 3100 ( Civil Infractions Administrative Procedures) 16 DCMR, Section 3201 ( Civil Infractions Schedule of Fines) 16 DCMR, Section 3226 ( X) @ CRA housing Divisions Infractions) LEAD POISONING PREVENTION LAWS APPLICABLE IN THE DISTRICT OF COLUMBIA 3 D. C. LAW 11 221 THE LEAD BASED PAINT ABATEMENT AND CONTROL ACT OF 1996.

D. C. Law 11 221, The Lead Based Paint Abatement and Control Act of 1996, regulates all lead based paint activities, as defined, in all types of housing. This Act exemp persons with disabilities unless any chi1 esides in, is expected to reside in or regularly visits such housing. Any zero ( 0) bedroom unit such an efficiency apartment or housing built after 1978 is exempted. Additionally, individuals who perform lead based paint activities at residences. which they own and occupy, are exempted, of eight ( 8) ye* sides or is expected to reside or s such housing.  blsMaofCdhrmbtbfh# shw YAY 2 1m COUNCIL OF THE DISTRICT OF COLUMBIA ri

NOTICE . D. C. LAW 11 221 " Lead Based Paint Abatement and Control Act of 1996".

Pursuanr to Section 4 I2 of the Disrnct of Columbia Self Government and Governmental Reorganization Act. P. 1. 93 I98 " the Act". the Council of the Dismct of Columbia adopted Bill ko. 1 1 640. on first and second readings. Ocrober 1. 1996 and \ ovember _ 1996. respective& Foliowing the signarure of rhe Mavor on Sovember 70. 1996. pursuant to Secrion 404e) of " the Act". ana was assigned Act ho. I 1438.

and published in the December 27. ! 996. edirron of the D. C. Register ( Vol. 43 page 6854) and transmitted to Congress on Janw 23. 1997 for a 30 day review. in accordance uith Secrion 602rcrr I oi ! he Acl The Council of the Disirici of Columbia hereby ewes nitice rhar rhe jO day Congressional Review Period has crpircd. and therefore. cltes this enactment as D. C Law I 1 2' !. effective .4pnl 9. I997 r\

_.

I Chairman Pro Tempore of the Councl)

Feb 5.<. <IP_ADDRESS>.1 l.:'. i1._';.' 5.76.~ 7. Z8 \ tar. I. <IP_ADDRESS>.1I. 2. i 3.14. . <IP_ADDRESS> 1 4 DT '. S 5 i DEC 2 7 1996 ENROLLED ORICISAL.

AN ACT 3, C. ACT 11 438 N THE COCSCIL OFTHE DISTRICTOF COLUMBM Toestablisn a program to reuuc?. : liminate. . md abate Icau bahed paint hdznrah in the District ot \

UuM.*

CoI urnbia. 1K I DEC 2 7 1996 ENROLLED 0RIG 1NA L corpordtmn. sole propnetorstnp. government. quasi government entity. non protit organlrauon. or orner business concern [ hat conducts icad based paint activitieh. ( 5) " Centried business enrity or cemfied individual" means 3 businw entity or mdividual who has mer the requirement% ror conducrrng lead based paint activities purhuanr to thtS dCt.

16) " Fncrion sunlice ' mean3 dn intenor or exrenor sun; ice that is subjecf IO & brasion or rncuon. including certain winao\ v. rloor. ; ind stair sunaces.

I i\ ' Impact sunace ' memh . in interior or exterror wnact. rhar is subiect to ?=:: in:. chipping. cnalkinp. crxking. or J?!? nnrarron b!. repeateu imuacrs. ( 8) " had based painr ' means mv painr or other sunace coating containing lead csicL ': or iead in ILS compounds in any quanut? exc, o: ding 3% or rhe total weight a1 the marend ( 11' : 2 ' ,: L.&. more than seven tenths 01 ; 1milligram per square centimeter t. U. 7 mgcm'l. or in quantity L;' '.. hazard. 7 . surticicnt to constitute Y health oi. envrronrnenta1 1'. ( 9) " Leiid based paint acfiviries" means the rollowing ( A 1 Identification. nsk assessment. inspectJon. and abatement of lead based paint. lead based paint hazards. lead contaminated dust. and lead conramlnatedsoil: and IB) Planning. prnrect designing. and supemston or anv of the xtivities / i% U in subparagraon ( A 1 of this uaI2prJDh. cC1 The rum ' Ieaci bued paint activities mes nor include routine. ( minap. Lnrl common maintenance and repairs.

[ 10) " kad b& sed paint hazard" means any civicfirion char cduses 01. may cause 2xDosure to lead from lead contaminated dust. lead contaminated soil. or lead ctlntarn~ nared. painr that is dercriciraceL! or present in , uxesslble sun'aces. tricfion sunaces. or impact sunaces that could rehult in adverse human healrh ertects ; LS determined bv the Mayor.

L I 1 I ' Lz; ld contamtnared . wi" means bare soil ( in real property that conrains 1eaU at. or in excehs ( 11.. the leveh derennincd by the Mavor to be huirdous fo human neajth.

Scc. .;. Emblishment ( it Ictd bad pain1 abatement anci ciintrol program. \ ma bUW The \ layor \ hall establish ; 1 DrOgUll tor the reduction. elirninimon. And abatement of Iau baed pant hwards in the Di.\ rnct pursuant to the proviswns or thls act that wfil meet TErirrai requiremenn. to include: '. I ) Developmenr or standards md procedures ror conducring lead based paint JcIIviLles; :. Community ourrexn dncl education: Jnd ? iOther runctions tn imoiement this acr ; ib determtnecl b\, the Mavor. DE 2 7 1996 ENROLLED 0R1G1NA L ( I) Conduct a lead based paint acnvitv: ( 2) kndenake ; 1 lead based paint abatement protect: or ( 31 Provide trdinin_ r 10 nrhers who conduct lead based paint activiUc>. ( b) An individual shall nm apply a lead based paint or glaze to any sunace includin:. but not limited to:

I 1 ) The intenor wkextennr sunaces or: ( A) Anv residential. public. klr commercial buildins. bridge. or t! rhzr \ rruc. ture nr \ uperstmcture: or 81 . Any rix turf. ! iouhenoid , lopilance. i. riokin_ r. cfnnking. : ir cltin: utensii. furniture. c) r toy or other articlc intended for use oy cnildren: or' ( 21 Anypaved sunace. IcI . A business enrity or indivtdual ahall not seil. orrer for hale Jcli\ er. rmnsrcr. possess with intent to sell. deliver.. or. tmnsrer anv rixture. househoid ippliance. ctitjkiflg.

dnnkinp. or eating utensil. furniture. or toy or tither anicie intended tor usc by children to \ Vhic. n d lead based oaint or glaze has been appijed. DEC 2 7 199 ENROLLED ORlGlSAL DEC 2 7 1996 E3 R( IL LE I) ( 1RI (; 1 A 1, DEC 2 7 1996 EX ROLLED ORlCIS AL ( 7) . Any other intr, rrnation [ hat the Slavnr requires DEC 27 1996 EZROLLED ORIGI\ AL r kT ez3  DISTRICT OF COLUMBIA CODE 1981 PART I. GOVERNMENT OF DISTRICT. TITLE 6. Environmental Controls Subchapter IX. Lead Based Paint Abatement and Control. Copyright ( C) 1981  1998 by the District of Columbia. All rights reserved. Current through Laws 12 1 to 12 104,12 113,12 114, 12 125 to 12 127, and Act 12 138 of the 12* District Council Sess. ( 1997 1998)

5 6 997.1 Definitions.

For the purposes of this subchapter, the term:

( 1)   Abatement  means any set of measures designed, in accordance with standards established by the Mayor, to eliminate or reduce lead based paint hazards; but, such measures exclude routine, ordinary, and common maintenance and repairs; such measures may include;

cv ( A) The removal of lead based paint and lead contaminated dust, the encapsulation, Q1 containment, enclosure, or covering of lead based paint, the replacement or*.

ac3 z demolition of lead painted structures, surfaces or fixtures, and the removal or L  Ja, a covering of lead contaminated soul;> Ip Ug

B) All preparation, cleanup, disposal, transportation, testing, and post abatement+ = a 3 clearance testing associated with the activities described in subparagraph ( A) of \ M this paragraph; and Jza N ( C) Renovation, remodeling, repair, and landscaping activities on or around any structure built prior to 1978.

( 2)   Accessible surface  means an interior or exterior surface painted with lead based paint that is accessible to a child under the age of 8 years.

( 3)   Accredited training provider  means a training provider that has been approved by the Mayor to provide training for individuals who conduct lead based paint activities.

( 4)   Business entity  means a partnership, firm, company, association, corporation, sole proprietorship, government, quasi government entity, non profit organization, or other business concern that conducts lead based paint activities.

( 6)   Certified business entity or certified individual  means a business entity or individual who has met the requirements for conducting lead based paint activities pursuant to this subchapter.

( 7)   Impact surface  means an interior or exterior surface that is subject to peeling, chipping, chalking, cracking, or deterioration by repeated impacts. ( 8)   Lead based paint  means any paint or other surface coating containing lead or lead in its compounds in any quantity exceeding .5% or the totalweight or the material or more than seven tenths of a milligram per square centimeter ( 0.7 mg/ cm2), or in any quantity sufficient to constitute a health or environmental hazard.

( 9)   Lead based paint activities  means the following:

( A)( i) Identification, risk assessment, inspection, and abatement of lead based paint, lead based paint hazards, lead contaminated dust, and lead contaminated soil; and ( B)( ii) Planning, project designing, and supervision of any of the activities listed in sub subparagraph ( i) of this subparagraph.

( C) The term   lead based paint activities does not include routine, ordinary, and common maintenance and repairs.

( 10)   Lead based paint hazard  means any condition that causes or may cause 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 could result in adverse human health effects as determined by the Mayor.

( 1 I)   Lead contaminated soil  means bare soil on real property that contains lead at, or in excess of, the levels determined by the mayor to be hazardous to human health.

 j 6 997.2 Establishment of lead based paint abatement and control program.

The Mayor shall establish a program for the reduction, elimination, and abatement of lead based paint hazards in the District pursuant to the provisions of this subchapter that will meet federal requirements, to include:

( 1) Development of standards and procedures for conducting lead based paint activities;

( 2) Community outreach and education; and ( 3) Other functions to implement this subchapter as determined by the Mayor.

 j 6 997.3 Prohibition on lead based paint activities.

( a) A business entity or individual shall not do any of the following in violation of the provisions of this subchapter or rules promulgated pursuant to this subchapter:

( 1) Conduct a lead based paint activity;

( 2) Undertake a lead based paint abatement project; or ( 3) Provide training to others who conduct lead based paint activities. ( b) An individual shall not apply a lead based paint or glaze to any surface including, but not limited to:

( 1) The interior and exterior surfaces of ( A) Any residential, public, or commercial building, bridge, or other structure or superstructure; or ( B) Any fixture, household appliance, cooking, drinking, or eating utensil, furniture, or toy or other article intended for use by children; or ( 2) Any paved surface.

( c) A business entity or individual shall not sell, offer for sale, deliver, transfer, or possess with intent to sell, deliver, or transfer any fixture, household appliance, cooking, drinking, or eating utensil, furniture, or toy or other article intended for use by children to which a lead based paint or glaze has been applied.

3 6 997.4 Exemptions from the provisions of this subchapter.

The following are exempt from the provisions of this subchapter:

( 1) Individuals who perform lead based paint act5ivities at residences which they own, unless the residence is occupied by a person or persons other than the owner or the owner s immediate family; unless any child under the age of 8 years resides, is expected to reside in, or regularly visits such housing;

( 2) Housing for the elderly or persons with disabilities; unless any child under the age of 8 years resides, is expected to reside in, or regularly visits such housing;

( 3) Any ( 0) bedroom unit, such as an efficiency apartment; and ( 4) Housing built after 1978.

9 6 997.5 Certification requirementsfor individuals and business entities.

( a) An individual shall be certified by the Mayor or possess certification provided by a training program that has been formally accredited either by EPA or by an EPAapproved state program prior to conducting a lead based paint activity in the District. To obtain certification from the Mayor, an individual shall:

( 1) Submit proof to the Mayor that he or she has successfully completed an accredited training course and any required accredited review course;

( 2) Pass an examination requiredby the Mayor, and 3 ( 3) Meet or exceed any additional requirements set by the Mayor.

( b) A business entity shall be certified by the Mayor prior to conducting a lead based paint activity or project in the District. To obtain certification, a business entity shall demonstrate to the satisfaction of the Mayor the following;

( 1) That all its employees and subcontractors conducting lead based paint activities are certified pursuant to this subchapter;

( 2) That the business entity and its employees and subcontractors will conduct ieadbased paint activities in accordance with all applicable federal and District environmental, occupational safety, and health laws, regulations, and rules;

( 3) That the business entity and its employees and subcontractors will comply with all applicable federal and District laws, regulations, and rules governing the disposal of all waste containing lead; and ( 4) Any additional requirements set by the Mayor necessary to implement this subchapter.

( c) The Mayor shall establish criteria, procedures, and fees for reciprocity of certification.

( d) All certificates issued to business entities shall expire 12 months from the date of certification.

( e) Individuals and business entities seeking certification and certification renewal in the District shall pay a reasonable fee set by the Mayor. The Mayor shall, by rulemaking, revise the certification and certification renewal fees as necessary to cover the administrative costs associated with the issuance of certificates.

3 6 997.6 Accreditation of training providers.

( a) A training provider shall be accredited separately for each training course offered by that training provider. To receive accreditation, a training provider shall:

( 1) Submit an application to the Mayor for approval, or provide proof of accreditation by EPA, or a state EPA approved accredited training provider; the application shall contain the following idormation:

( A) Qualifications of all training managers and instructors:

( B) Copies of all instructor and student course materials for each course offered;

( C) A description of the facilities and equipment available for lecture and hands on training; and 4 ( D) Any other information determined by the Mayor to be necessary for approval of any application for accreditation; and ( 2) Pay a reasonable fee with each application, except that fees shall not be imposed on any District government or nonprofit training program; the Mayor may by rulemaking revise the application fees as necessary to cover the administrative costs associated with accreditation and accreditation renewal.

( b) Accreditation by the Mayor shall expire 12 months from the date of accreditation.

0 6 997.7 Permit requirements.

( a) Prior to conducting a lead based paint abatement as defined in 5 6 997.1( l)( A), business entities and individuals, except governmental agencies, shall obtain a permit from the Mayor. To obtain a permit, an application shall be submitted to the Mayor for approval with the appropriate fee. The application shall contain the following information:

( 1) The location of the lead based paint abatement project;

( 2) The starting and completion dates of the lead based paint activity;

( 3) The appmximate amount of lead based paint or lead based paint containing materials to be abated.

( 4) The method of abatement to be employed;

( 5) The provisions for medical surveillance and worker protection;

( 6) The manner in which the waste containing lead will be disposed and location of the disposal site;

( 7) A description of the areas immediately adjacent to the abatement site;

( 8) Proof of certification, pursuant to 9 6 997.5, of the business entity and of all individuals who will be engaging in the lead based paint abatement; and ( 9) Any other information required by the Mayor.

( b) A permit fee determined by the Mayor shall be assessed for each lead based paint abatement project. The Mayor may by rulemaking revise permit feesas necessary to recover the costs of administering and enforcing this subchapter. Permits shall be valid for a period not to exceed one year from the date of issuance. Each permit shall be limited to one site and shall not be transferable to another site. ,

9 6 997.8 Record keeping requirements.

( a) Business entities and individuals conducting lead based paint activities shall: ( 1) Keep a record of all lead based paint activities performed; and ( 2) Make that record available to the Mayor upon reasonable request.

( b) The records required by this section shall be kept for a minimum of 3 years ( c) The records required by this section shall include:

( 1) The address or location of each lead based paint activity;

( 2) The name and address of the individual who supervised the lead based paint activity;

( 3) A description of the lead based paint activity and the amount of lead based paint, if any, that was abated;

( 4) The starting and completion dates of the lead based paint activity;

( 5) A summary of the procedures that were used to comply with all applicable standards;

( 6) The name and address of each disposal site where the waste containing lead is deposited; and ( 7) Any other information that the Mayor requires.

tj 6 997.9 Inspection by the Mayor.

( a) The Mayor shall have the right to randomly and periodically inspect any and all lead based paint activities in the District, and all pertinent records, documents, or data compilations , for the purpose of ensuring compliance with this subchapter. Inspections may bake place at any reasonable time upon the presentation of appropriate credentials.

( b) If, upon inspection, the Mayor has reason to believe that ( i) there has been a violation of this subchapter or ofthe rules and regulations issued pursuant to this subchapter, or ( ii) a threat exists to human health, the public welfare, or the environment, the Mayor may:

( 1) Give written notice of the alleged violation or threat to the party responsible and order the party to take such corrective measures as the Mayor determines reasonable and necessary;

( 2) Issue a cease and desist order;

( 3) Impose civil or criminal fines and penalties in accordance with 96 997.12 and 9 6 997.13; or ( 4) Request the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief.

( e) If the Mayor is denied access to conduct an inspection in accordance with this section, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant. Denial of access to conduct an inspection is an offense punishable pursuant to 5 6 997.13.

6 6 997.10 Denial, suspension, or revocation.

The Mayor may, after notice and opportunity for hearing, suspend, revoke, modify, or refbse to issue, renew, or restore a certificate, permit, or accreditation issued under 3 6 997.5, tj 6 997.6, or tj 6 997.7 to protect the public health, safety, or welfare, if the Mayor finds that the applicant or holder has:

( 1) Failed to comply with any provision of this subchapter or rule issued pursuant to this subchapter;

( 2) Misrepresented facts relating to a lead based paint activity to a client or customer;

( 3) Made a false statement or misrepresentation material to the issuance, modification or renewal of a certificate, permit, or accreditation;

( 4) Submitted a false or fraudulent record, invoice, or report;

( 5) As a training provider, or as an instructor, provided inaccurate information or inadequate training;

( 6) Had a history of repeated violations; or ( 7) Had a certificate, permit, or accreditation denied, revoked, or suspended in another state or jurisdiction.

5 6 997.11 Hearings.

Any party adversely affected by an action taken pursuant to the provisions of this subchapter, or the rules or regulations promulgated pursuant to this subchapter, is entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days from the date of such action, a written request for it hearing. Such hearing shall be held in accordance with tj 1 1509.

9 6 997.12 Criminal penaltieslfines.

( a) Notwithstanding any other provision of this subchapter, any violation of 5 6 997.3, 9 6997.5 6 997.6, or tj 6 997.7, or the implementing rules and regulations shall be 7 punishable by a fine not to exceed $ 1000 for the first offense, or $ 5,000 for any subsequent offense, imprisonment not to exceed 6 months, or both.

( b) Each day of each violation shall constitute a separate offense, and the penalties described shall be applicable to each of the separate offenses.

( c) All prosecutions under this section shall be in the Superior Court of the District of Columbia in the name of the District of Columbia and shall be instituted by the Corporation Counsel.

0 6 997.13 Civil penaltiedfnes; civil infractions.

( a) Any violation of this subchapter is punishable by a fine not to exceed $ 500 for each day of each violation.

( b) Civil fines, penalties, and fees may be imposed as alternativesanctions for any infraction of the provisions of this subchapter or the rules issued under authority of Chapter 27 of this title. Adjudication of any infractions shall be pursuant to Chapter 27 of this title.

0 6 997.14 Rulemaking.

The Mayor shall issue rules and regulations to implement the provisions of this subchapter, in accordance with subchapter I of Chapter 15 of Title 1. A<,

§ 9 302 Inspection of public buildings for lead paint  Required.

( a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public buildings and publicly  operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 6 ym of age. Where there are reasonable grounds to believe that a hazard exists to the health of such children because of the presence of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of paint, plaster, or structural materials of the interior structure to determine the quantity of lead or lead compounds contained in the materials. If the analysis reveals the presence of lead or lead compounds in a quantity in excess of 1 milligram per square centimeter of surface or in a quantity otherwise sufficient to constitute a hazard to the health of any user of the building, the Mayor shall cause the lead condition to be repaired: Provided, that the repairs shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia. , I ( b) When an inspection mandated by subsection ( a) of this section indicates the necessity for a repair, the repair shall begin not later than 10 days after the inspection.

( c) All inspections mandated by subsection ( a) of this section shall be commenced within 180 days afier October 16,1977. 20 DCMR, Section 806 ACCREDIATION, CERTIFICATION, AND WORK PRACTICE FOR LEAD BASED PAINT AND LEAD HAZARD REGULATIONS There are regulations in the District Housing Code, Title 20 DCMR section 806, that govern the procedures for the accreditation of training programs and certification of individuals and business entities engaged in lead based paint activities, and the work practice standards for conducting lead based paint activities.

EST COPY AVAILABLE DISTRK7 OFCOLUMBtA R GISTER JAN 2  I998 DEP. XRTMENT OF CONSUMER AWDREGCL.= ITORY . AFFAlRS NOTICE OF FNAL RLZE? JAKI; UG The Director. Department of Cons" mer and Replatory . XTairs. pursuant to the authority set forth in $ I5 ofthe Lead Based Paint Abatement Control Act of 1996. efectrve April 9. 1997. D C Law I 1 22 1. D C Code 5 6 997 14 ( I997 Supp ). and Mavor's Order 97 I IS. dated June 3, 1997. herebv gives notice of the adoption of the foliowine amendments to Title 20 ot'rhe , District oi Columbia Municipal Reeulations ( DCMR) Final action 10 adopt this rule ma kin^ icas taken on December 9, 1997 Vo comments have been received and no substantive changes have been made to the text of the proposed miemakin3 as published on October 24. 1997 at 44 DCR 6090 This final rulemalung will be effective upon publication in the D C Register The purpose of the proposed ruiemaking IS IO set fonh procedures for the accreditation ot training programs and certification of individuals and business entlries engazed ! n lead based paint activities. and to establish work practice standards for conductins lead based paint activities Chapter 8 ot'Title 30 DCMR is amended bv revising the headins and bv adding a new 5 506 ( Control of Lead) to read as follows CHAPTER 8 . ASBESTOS. SULFLR NITROGES OXIDES AhD LE. m 806 CONTROL OF LE.=

806 I The requirements of40 CFR 4 745 223 ( Definitions). 40 CFR b ' Iizz! 4ccreditation of trairung programs tarset housinz and child occupied facilities 1 40 CFR h 745 226 ( certification of indivtduals and firms engased in lead based paint actibities target housing and chld occupied facilities) and 40 CFR b 745 2:(\ LOA practice standards for conducting lead based paint actibities target housing and child occupied facilities) are adopted and incorporated bv rererence v, tth the rem> used and defined except that ( a) The term " Admistrator" as used In the 40 CFR ? I5 223. 7 li 225. 745 226 and 745 227 shall mean the Director of the Dtstnct of Columbia Depanment . of Consumer and Regulatory Affairs (" Director").

( b) Lead based punt activities subject to this section shall not De staned prior [ O receipt of wrinen approval from the Director.

ic) The phrase " EPA" as used in 40 CFR $$ 745 123. ' Ai ' 2'.  4: ' 76 and 745 217 shall mean the Distnct' ofColumbia Department of Consumer and Resulatory . Waifs (" DCRA"),

1 d) The terns " abatement." " lead based paint." " lead based paint acrtL'irv "

" lead based pant hazard" and " lead contaminated soil" shall have the ~ S77ltCTOF COLUMBIA REGIS7ER JAN 2  1996  r) i 806 2 SO6 3 SO6 4 same meaning as used in D C Code ( j 6 997 1. and ( e) To receive cenificarion as a nsk assessor. the iollowing additional requirements shall apply ( I ) The person certified as a risk assessor shall not maintain a financial interest in a lead abatement business enritv.

( 2) The person certified as a nsk assessor shall not certifv his or her own residence. and ( 3) If performing clearance tests. the person cenified as a risk assessor must submit to the Director pnor to resting proof ofcurrenr liabtlitv insurance. including professional. environmental and general Itabilitv. in an amount sufficient ro cover the lead based paint activitv For the convenience of persons subject to the requirements of $ 06 I. Appendix 8 3 of this Subtitle contains pertinent sections of 40 CFR Pan 745. Ij I Fed Res 45778 ( 1996)

To obtain a lead abatement permit. a business entirv or individual shall ( a) Submit a permit application to the Director at least ten ( 10) business davs pnor to commencement of proposed acrn it!.

( b) Submit proof of current liability insurance. lnciudine professional. environmental and senera1 liabilitv, in an amount suficient to cmer the lead based paint actrvitv. and ( c) Cerci& and describe intended compliance with the requirements for hazardous waste prescribed by Title 20 DCMR Chapters 40 54 To obtain certification through reciprocity, an individual shalt ( a) Submit proof of current certification provided by a training program that has been formally accredited by EPA or bv an EP. 4 approved state program that is at least as stnngent as the requirements of this section.

rb) Pass the examination required by the Director IC) \ feet or exceed any additional requirements set by the Director. and f d) Pay the rectprocitv certification fee SO6 5 To obrain accreditation throush reciprocity. a trainmp provider shall 3 21 DISTRICT OFCOLUMBIA REGSER JAN 2  1996  ( a) Submit proof of current accreditation by EPA or by an EP. 4 approved state program that IS at least as stringent as the requirements of this secrron.

( b) Pass a training course audit administered bv the Director. and ( c) Pay the accreditation reciprocity fee 806 6 The fee schedule shall be as follows

DocumenU'Activity Business Entity Certification Inspector Certification ksk Assessor Cenificatron Supervisor Certification Project Designer Certification . Abatement Worker Certification Reciprocity Certification inspector Course Accreditation ksk Assessor Course Accreditation Supervisor Course . Accreditation ,

. Prolect Designer Course Accreditation Abatement Worker Course Accreditation Reciprocctv Accreditation 4batement Permit Fee Amount lnitiaVRenewal S300lyear Initial and Renewal 930012 years Initial and Renewal % 300/ 2years Initial and Renewal 930012 years Initial and Renewal $ 30012 years Initial and Renewal 460/ 2 years lnitial and Renewal Same as above Same as above S 1,200lyear Initial Course $ 400/ vear Refresher Course S800lyear Initial Course $ 400lyear Refresher Course S 1,600lvear Initial Course $ 400/ yeat Refresher Course $ 400/ vear lnitial Course $ 200lyear Refresher Course S800lvea. r Initial Course $ 400lyear Refresher Course Same as above Same as above $ 40 + 3% of 22 I ' WSTFIICT OF COLUMBIA AEGISTEFI' JM 2  1998 abatement cost Returned Check s25 Section 199 I of Title 20 DCMR is amended bv addine a new definition to read as follows 199 I Lead based paint project  shall have the same meaning as the term " lead based paint activity "

Sire  means one specific address. including unit number In a multi unit building. ( 8) USEPA. 1995. A Field Test Of Lead Based Point Twng Technologies: Surnmory Report. ( EPA 747 R 95 002a. Mav 19951. ( 9) USEPA. 1995. A Revieiv ofStudies Addressing Lcod. Abatemcnt Effectiveness. ( EPA747 R 95406, June 19951.' ( 101hitai, Y. Brown. M. L. Chef. J. W.. and Cosgrove. E. 1991. " Residential Delealng: Effects on the Blood Lead Levels of Lead Poisoned Children." Pediorncs. 88( 5): 893 897. ( 11) Farfel. M. R. and Chisoh. 1. j. Jr. 1990. " Health and Envlronmenlal Outcomes of Traditional and Modified Practices foc .4batement of Residentid Lead PainL" Amencon journd Oi Public Health. 80( 10): 1240 1245. ( 12) HUD. Office of Lead Based Paint Abatement and Poisoning Prevention. 1995. HUD Gudelines Appendix 11 1 " OntHour Waiting Period Rationale for Clearance Samp& ng." Uune 1995).

Lit of Subjects in aCFR Part 745 Environmentalprotection. Hatardosubstances Lead. Recordkeeping and reporting requirements. ._ Dared: August 21.19%. Caul hlBrowner. Admtnistmror.. Therefore. 40CFR par' 745 is amended as follows:

PART 745+ AMENEFED]. A,' ,.

1. The authonty citation for part 745 is revlsed to read as follows:

Authonty: IS U. S. C 2605.2607, and 268126 32.

2: By adding new subparts L and Q and reserving subparts C K and M P to read BS iollows:

Subparts G K [ R~ t~ ed).

Subpart L lea& Based Paint Actlvlties Ec 745.220 Scope md applicability. 745.225 Definitions.' . 745.225 Accredilallon'of mining p'~ grsmr: target houcrng and' cbild+ ccupird facijities. 745.226 Centhcatroo of individuals and fhsengaged in lead based paint ' nctrvities: raqer housing and chrld azmpred facilities. 74S. 227 Work pncrrce standuds for conaucunq ieaa baed paint activities: tanpi Qousinq ma cnild occuoied facilities:  45.228 . iccreairarton of trairiinq 3roqrarrts oubiic ana commercial burldiner. . xiaees an0 suoenmctures IReserveol. 745.233 Laad. hred punt adiviuer mquiremeau. 745.235 . EnhccrnenL 745.237 Inrpecuo~ U. 745.239 . Effeavc darer Subparts M P [ Resmect)

Subpart Q State and lndlan frfbal Programs 5c 745.320 Scope and purpose. 745.323 [ kfinitiocu 145.324 huthonutlon or, Sule aud Indian Trihl progun& 745.325 tad p~ ni SUta ~ UV~ tijes:

and & dimTribd pm rqummenu. 145.326 Rbmnovdoo ootificatioa: Sutc md hdimTnbl p~ rkquirarnanrr 745.327 SUI8 h& M rtibd ku k; paint cnmpliantxsnd cofomment pcognsu. 745.328 . Aurharinnon of Indian Tribal PmgramS. 745.330 & nu 745.339 Effeaive dater Subpam Gx [ Reservedl < Subpart L leabBaKd Palnt Actlvlties.

5 745220 Scopp and appllcablliW. ( a) Thissub$ contains procedures and Rquirtments for + e nuleditation of Iead based paint activities training programs. pdurcr nnd requirements for the certificationof individuals and firmsengaged in lead paint activities. and work practice standards for performmg such activities. This subpart also requires that. except as discussed below. all lead based paint activities. asdefined in thissubpa. be  performed by oenifiedindividuals and firms. his subpart appliqto all individuak and  innswho are engaged in lead based pnint activities as defined in 5745.223, except personswho perform these activities * thin residentd dweUings that they own. unless the residentmi dwelling is occupied by a person or personsother than. theowner dr the owner's immediate lamilv while bese activities are be performed. or a child residing in the buildrng has been identified as having M elevated blood lead level. This subpart applies only in those States or Indian Country that do not have an authorized State or Tribal progm pursuant to 5745.324 of subpart Q. ( cl Each depaent. agency. and instrumentality oi the executive. ieqrsiative. and pdicial branches of the Federal Government tlavins jurisdiction " over aiv propeny or factiitv. ur engaged anc suners* x Jctures1 Reservcdl. ,:? any activttv resuiting. or wnicn may .

J.?' J '.'. orz s: arrice siancia: as la: resuit. in a ieaa basw paint hazara. md aqent. or empiovee ulereoi'nnC3C:~ T: irao msec ~ dtptactivities nuoili ~~ ach.. oiiicc:.

!'. G CC~ T~. I: Y: C: JI ull. ic;; nrs. :::: ace> anc i: iall bc suoiecf : s ana romolv with. ail ,'.: cJc? sl,. lc: :.: cq I Secervpa, reuerai. State. inierstaie. ana local v raquimrncnu. both substantiva and pmadural. including the mqmtncnu of this subparl regarding had based paint. Iead bued parnt actintias. and lead based paint hazardt. ( dlWhile thissubpan esubiirhss specifit requinmeats for performing lead basad paint activities * odd they be undertaken. nothurg in this rubpan requirss that the ownbr or occupant undertalrs any panicular Isad baa pmnt activity.

5 745223 OefinlUanr The definitions in subpart A apply lc thisrubput inaddition, the foUoHrlng definitions apply. Abatement means any msluure or sa, ofme& design4 tnparmansntly eliminate Isad based paint harards. Abatement lncludes. but is not bitad to: ( 11 The removal of lead bacsh put and ieadcontamiaated dust the permanent endosure or smprulatior of lead bed paint. the mphmment c lead painted curfeces or firmuss. and the removal orcoveting of lead contaminated soil; and ( 2) All preparation. cleaaup. & PO: and postabatementdeannaa testing activities. clssodatedwith such measures. [ 3) S@ dIy. abatement include but isnot limited to: ( il projects for which there isa wr conrrnct or other documentation. wt provides that anindividual or firm beconddg. actrvities in or to a residential dwelling or drtld p1.. facdity that ( A) Shall result in the parmsnent ehination of 1d Mpaint hat or ( B) Are design& to permanently ehinate lead bssed wtbauds are describedin paragrap& ( 1) and of phis debition; ( ii) Pmjectsrerdting in the permanent slimmation of Iwd base paint u. cnnduaedby firms individds terrified in acarrdana 5745.226. des suchpmole& s arr covered by pwph ( 4) of this debtion: '

( iii) Projectsresulting in the' . permanent ebation of lead ba Lpknt hazards. cunducted by individuals who. through theu cx name or promouond literature. represent, advertise. or hold rheb out to be in the business of perfo Icaa based pant acuvlties as ide and defined bv this seclon. unie ? rolects are covered by paragrap ' 31sdehnitlon. Of IIV) Protects resulLlRg In the jennanent eiirninatlon oi 1eao. t ,3aint hazaras. mat are COnouCIe response to State or lob1 abatement orders. ( 4) Abatement ' hs not include renovation. remodeling. landstaping or ocher activities. when such activities arc! not designed to permanently eliminate lead based paint. hazards. hut. instead. are designed to repair. restore. or remodel a given structure or dwelling. even though these activities may incidentally result in a reduction or' eliminalion of lead based paint hazards. Furthermore. abatement does not include interim controls. operations nnd maintenance activities. or other measures and activities designed to temporarjly. but not permanently. reduce hd based paint h~ zards Accredited training program means a training program that has been acmdited by EPA pursuant to 5 745.225 io provide training for ind. ividuals engaged in lead bsed paint activities. Adequate quality control means a plan or design which ensums the authenticity. integrity. and accuracy of samples. including dust. soil. and paint ch~ por paint film samples. Adequate quality control ais0 includes provisions for representative sampling. Certified finn means a company. partnership, Corporation. sole proprietorship. association, or other busmess entity that performs lead based paint activities to wki4 + PA. has issued a. certificateof approval ptii; suant. to 5 ' 74 5.226( f). Certified inspector means individual who has been mined by an accredited training propm. as defined bv this section. and ceded by EPA pursuant to 745.226 1.0 conduct Inspections. A certified inspector also samples for the presenoe'of iead~ in dust and soil for the purposy ofabatement clearance testing. Certified abatement worker means an individual who has been trained by an accredited training program. as defined by this secti~~, and certified bv EPA pursuant to 9 745.226 to perform. . ,

abatemi..,,. Certifiedproject designer means ari individual wno has been trained by an accredited training program. as defined bv this section. and cenifred bv EPA pursuant to, 5 745.226 to prepare dua\ ambnt proiecl desigtis. occupant r: rotection plans. a? ci'abtement reports. Certified risk assessor means an . naivtuual wno has neen trainea by an 2cnedited trninine proenm. as defined > v this $ :.~ n& cwiiced bv, EPA : Iursuant .\ 5.226 io~ onau~ trisK lssessnienis. . t* ri, ti assecwr akso Jrnr? ic? ior tt) c, D/ rsPnr li iwo in nus1 111, for tile I) uri, ose\ 01aoaternenr ri( I. I!*<: I~ I:. Certified supervisor means an individual who has been trained by an accredited training program. as defined by this section. and certified by  PA PUISUMI to § 745.226 to supervise and conduct abatements. and to prepare ompant protection plans and abatement reports. Childoccupied facility means a building. or portion oi a building. constructed prior to 1978. visited regularly by the same child. 6 years of age or under, on at least two different days within any week ( Sunday hugh Saturday period]. provided that each day's visit lastsat least 3 hours and the combhed weekly visit lastsat least 6 horn. and the combined annual visits last at least 60 hour Child cxni? ied facilities may indude, but are not limited to. daycam centers. praschools and kindergarten clesmoms. C~ eamncelevels are vaiues that indicate the maximum mount of lead permitted in dust on 8 surfacefollowing completiorrof an abatement adivitv. Gmon ore^ means a po~ onol a building. that is generally accessible to all oaupants. Such Marea may indude. but isknotlimited to. hallwavs. stairways, laundry and recreational rooms. playgrounds. community canters. garages. and boundary fences. Component or building component means specificdesign orstructural elements or futures of a building. residential dwelling. or child occupied facility that are distinguished from each other by form. function. and location. Theseindude. but are not limited to. interior components such as: ceilings. clro'wn molding. wak, chair rails. doors. door trim, floors. finepiaces radiators and  otherheating units. shelves. shelf supports. stsir treads. stair risers. stair stringers. news1 posts. railing caps. balustrades. windows and trim ( including sashes. window heads. jambs. siUs orstoolsand troughs). built in cabinets. columns. beams. bathroom vanities. counter! tops. and air conditioners: and exterior components such as: painted roofing. chimneys. flashing, guttern and downspouts. ceilings. soffits. fasciar. rake boards. comerimads. bulkheads. doors and. door trim. fqices. floors. joists. laltice , work. railings andpiling caps. siding. handrails. stair nsers and treads. stair stringers. columns, balustrades. winaow sills or stools and trdughs. casings. sashes and wells, and air conditioners. Contarnrnentmeans a process to . protect workers and the environment bv controlling exposures IO the leaacontaminated dust ana deDris crcatea ( Jurine ail abnterncnt. . Couke oeendo rneans, an oiiiline 0:

the KCV iooics to DC coverea rliirtno  I training course. ' including the time allotted to teach each topic Course lest means an evaluation of Ih oven11 effectiveness of the training which shall test the tminees' knowledgp nnd mtention of the topics coverad during be course. Coune tesf blue print means wntten documentation identifying the proportion of course test questions devoted lo each major topic in the course Quriculum. Deten'omted pornt means paint that cracking. flaking. chipping, peeling. or olherwise separating hm the subsmt of LL building component. Disciplinemans me of the specific types orcategories of lead based paint activities identified in Lhissubpart for which individuals may mive trainir ftom acawfited programs and becomt certified by EPA. Forenample. " abatement worker" is a disapline. Distinctpainling hisforymeans the applicationhistory. as indiated by 11 vis& appaat. anca ora recordof application. over time. of paint or otk sutfaa, coatings to a component or room. Documented methodologies are methpds or protocols used to sample the presence of lead in paint, dust, a soil. filevoted blood lead level lEBW mt an excessive absorption of lead that a confirmed concentration of lead ir whole blood of 20 @ dl ( mi lead per deciliter of whole blood) fc single venous test, or of 15 19 & dl two consecutive tests taken 3 to 4 * monthsapah Encapsulant means a substahce t formsa barrier between lead based and the environment using a Liwid appiied caatmg ( with or wiLhout reinforcement materials) or an adhesively bonded covering matenr Encapsulation means die applica of an encapsulant. Enclosun means the us8 of rigid. durable construction materials Lhar mechanically fastened to the subst in oder to act as a bamer betwear based paint and the environment. Cuesf instructor rneaAs an indii designated bv the training proqrar manager or principal instmctor to provide instmcbon S~ CI~ Cto the lecture. hands on activities. or wc practice comuonents ora course Hands on sxrk assessment me evaluation which tesis the irainec ahilitv to satisfactorily perforin Ik practices ana procedures iclentrfi 9 745.25( dj. as wcll , IS anv mnei'' iaitqht in 3 training ro'une [ lnzordoits wmte means anv V.

. icftnctl I:\  io CFR 761 2 Inspection means a surface by suriace investigation todetermine the presence of lead based paint and the provision of a report explaining the resuits of the i nvestigation. Interim ceni/ iootion means the stalus of an individual who has sucCessfuliy completed the appmpriate training course in a discipline froman acuedited training program, as defined by this & on, but has not yet received formal certificationin that discipline from EPA pursuant to 5 745.226. Interim cedfiations expire 6 months after the completion of the training coucre.. and is equivalent to a certificate for the 6month period. fntenm contmls means a set of ..; easures designed to temporarily reduce human exposure or likely exposure to lead based paint hazards. indudug specialized cleanmg. repam. maintenance, painting. temporary containment. ongoing monitoring of lead based paint hazards or potenLid hazards, and the establishment and operation of management and resident education programs. Lead basedpaint means paint or other surfacecoatings that contain lead equal to or in excess of 2.0 milligrams per square centimeter or more than 0.5 percent by weight. Lead based paintactivities me. in the case oftarget, how bg end child occupied facilities. Jns$ ection: risk 85sessment. and abatement, as defined in thissubpah Lead basedpaint hazard means any condition that causesexposure to lead fromleadcontammated dust. lesa' ,

contaminated soil, or leadcontaminated paint that is deteriorated or present rn accessible surfaces. friction s, uEfaces, or impact surfaces thst wouid result in adverse human health effects as . identified by the Administrator pursuant to TSCA section 403. Lead contari~ inateddust means surface dust in residential dwellings, or chiid oaxpied, facilities * at contains MI ma or mass concentration of lead at or in excess of Ievek'identified by the Administrator pursuant to TSCA section 403. '

Lead cantaminared soil means bare soil. on residential reaI. propenv ana on , the prupertv of a chiid accupied facilitv that contains lead at or in excess of levels identified bv the Administrator pursuant to TSCA section 403. fayi hozoruscreen is a limited risk actiyity tiiar invoives iirnites. ust za2mp[ incas. uescrioea in I i 745.227( Cl. ttrrrne ureo means mv area 01; 1 residential dweIlin~ usea ov one 0: . Tore ektlareri clee 11 ana uiiuc: :: iciuairtq. OUI nor iirnited IO itvrric rooms. kitchen mas. dens. play rooms. end children's bedrooms. Muitr famtiy dweiiing means a . struclum that contains more than one' sepawte residential dwelling unit. which is usad or ar; upied. or intended to be used or CKxSupied, in  whole or in part. M the home or midenb of one or more persons. Point in poor condition means more than 10 square feet of deteriorated paint on ertitrior camponants with large surface areas: or mom than 2 square feet of deteriorated paint on interior components with large surface mas ( e. g.. walls. callmgs. Doors. dmonf; or mora than10perant of the iutal surface area of the component is deteriorated on interior or exteriorcomponents with small surface areas ( windowsrlls. baseboards. soffits. trim). Pemanentfycovcred soilmeans soil which has bees separated fmm human contact by the placement ofa barrier consisting of solidrelatively impermeable materiais. such 85 pavement or concmte. Grass. mulch. and other landscapmg materials are not considered permanent covenng. Person m+ any natural or judicial person including any individual. corporation, partnership. or association; any Indian Tribe. State. or political subdivision thereof; any interstate bodv; and any deparrmant. agency. or . instrumentality of the Federal. government Pri'ncipaf instnrdor meansthe individual who has the primav responsibility for organizingand teaching apartinrlar muse. Recognizwl Jabomtory means an environmental laboratory recogfuzed by EPA pursuaut to TSCA section 4051b) as being capable ofperforming ananalysis for lead compoundsin paint. soil. and dust. Reduction mslLLlS measures designed to reduce or eliminate ~ UIUMexposure to lead wthkzatdsthrough methodsinduding interim controls and abatement Residential dmlling means ( 11 a detached singlefamily dwelling unit. including attacfied structures such as porches end stoops: or ( 2) a singie family dwelling unit iri a structure that contains more thanone separate residential dwelling unit. which is used or occupied. or intended to be usea or occupied. in whoie or in part. as the home or residence oi one or more persons. Nisk assessmenf means 11) an on site assessment. explaining the resut~ lnvssugation and options for lead based paint hatarb. Target housing means MY housin consuucted prirrr to 1978. except housing for the elderly or persons u disabilities ( unIess, anyone or mom children age 6 yeark orunder.&& is expeaed to reside in ruch housir the elderly or persons with disabili or MY 0 bedroomdwelling. Tmining culriculum moms M established set ofwurm topics for instruction in an accredited  nu program for a pWcuAu dirclptine designad to provide spoaahmd knowledge and & ilk. Tmining hour mm at Ie~ t50 minutes of actual leanung. indud but not Limited to. timsdwoted tc ' lecture. learning activities. small acuvities. demonstrations. evalua andor handson experienar. Tmining manager meam the individual responsible for admin a trainingpmgram and monitorir performance of prinappi instrua guest instructors. Visual inspection for dmct means the visual examination of residential dwelling or a'ctri1d o facility following. an abatement t determine whether ornot the ab has been successfuIly corn letec Visual inspection for riJasse means the nsud examinstion o residential dwelling or 8' chiid C facilityto determine the existen deteriorated Iead based, paint or potential soc~ lossof 1ead ba d hazards.

g 16.225 Acvsdlmtlon. oftmlnlr programs targst mu 1 occupled tacllltlosi ( a) Scope. ( 11Kn pr~ g seek accreditation to offerleadpaint activities CO S in c foilowing disciplines: inspecto assessor, supervisor. pmi de and abateinant worker. A tmin: pmgram may also 6 k ad offer refresher COULSBS for etic*

above listed dixipbs 21Training pmognuns may to EPA for aamxhtatlon of ths based paint activities courses refresher courses pursuant to section. on or after August 31 ( 3) A trairung program sha Frovide. offer. or claim to pic accredited lead based paint i courses without appivrng for receiving accreditation from . rivestigation IO determine the ex. isrencc. reauirea unaer paragraph Ib '.

ii< iiure. seventy. ana location oi iccla cection on or after Manh. 1. ' icl? ea paint hazaros. an0 121 thc IIIJ ;\ Dp/ lcairorr process. T . arc orocedums a:> revision oi a reDorr, nv the ir: ci%: i: 1za8 ~ r! lio~ vtr>~

ir rrie firm conauciine [ fie risk :, roqranl snail follobv 10 rece i 8 * 45816 Federa) Register / Voi. 61. No. 169 I Thursday, August 29, 1996 I Rules and Re@ tions accreditation to offerlead based paint activities COUKOS: ( 1) A trsiningpogram seeking accreditation shail submit B witten application to EPA contsining the following information: ( i) The training pmgram's name. address. and tekphone number. ( ii1. A list of courses for which it 1s appIFng for accreditation. iir) A statement signed by the training pmgra manager certifying that the uaining prolpam meets the requirements established in paragraph ( c) of bs sectron. If a UWg program uses EPA rehmmended model training materials. or trainingmaterials approved by a State or Indian Tribe that has been authorized by EPA undec subpart Q of this pan. the training program managershail include a statement cedfying that. ES well. Iiv) ile training program does not use PA recommended model training materials or wing materials approved by an autborizecj State or Lndian Tribe. ILS applicatioa for acaeditatian shall ais0 indude: IN A wpy of the student and instructor MU&. orother materids to be used for each come. ( B1. Acopy of the course agenda for each course. ( v) All training prograxhs shall include in their appiication for accreditation, the foiiowin : cn ;...&

( A) A fescrjpLion of tbe iaciiities and equipment to be used for lecye and hands ontrainin . ( 8) A copy of 2, U) UISB test bluepnnt foreach course. ( C) A description of the activiries and procadures that will be used for condumng the assessment ai hands on skills for each cow. ( D1A COPY of the qdity'controI. plan desaibed in pantgraph (~)( 9) of this. section. as it dcooses. A training pmgram may seek a ditation lor additional courses at ; my time as long as the program can demonstrate that it meets the, reouirements of this section. kLRequinmpts fur the a& cmdtfnuon oftraining progmms. For a training pmpm to obtain accreditation from EPA to offer lead based pint activities cowes. the program shallmeet the following quiremenu: ( 11 The training pmgram shell employ . a traixung manager who has: ( it At lenst 2 years of experience. education. or training in teaching hU. LS. i  i adults: or ( iii A bachelor's or graduate depe in building cnnstrudon technology. engmeenng. industrial hygiene, safety, public health. education. business administrationor program management or a related field; or ( iiilTwoyears of experience in managrng abuing program speciahag in environmental hazards: and ( iv) Demonsped experience. education. or training in the construction industry induding: Iead or asbestosabatement. painting. carpentry. renovation. nmodeling, oaupational safety and heelth, or industrial hygiene. ( 21The eaining manager shall designate B qualified principal Lhttructor for each. coursewho has: ( i) Demonstrated experience. education. or training in teaching worken or adults: nnnd * ( ii) Sucoersfully completed at least 16 hours ofanyEPA acwdited or PAauthotid State orTribal accredited leadspecific training; and ( 31 A training program may apply for be retained by the ! mining prognun 1s acmditation to offer c~ ursesor . required by Ihe recnrdkseping refresner courses in as many d~ sc~$ ines tequrrements contained in pangraph [ a[ this section. Those documents include the following: ( i}. OCfrdalacademic transcripts or dlploma asevidence of meetmg the education requirements. ( ii) Xarumes. Letters of rsfemnca. or documentation of work sxperiebca. a: evidence of meeting the work ex$?. rienla, requimmsntc. in) Csrtifiatar from irain thaaair courses and lead specific training courses. asevidence of. meetiug* the tramin requirements. ( 51~% e em1training program rha~ he availability of. and provide adeqi facilities for. the deLveq of the lea^ course test, handssn training. and assessment activities. This includes ~

prondrng Wng equlpmsnt that retle~ tsclvrent work pmctiars and maintaining or updating the equiipmz and faalities asneeded. ( 6) Tobecome ECaedited the following disciplines. the training pmgnunshall provide trsrningmurr that meet the following VainiDghou re uirkmenrs: Ti, The inspector io sim~ iast minimum of24 training ! ours. with minrmum of 8 hours devoted to han on mining activities. The minimun nuridurn requirements for the inspector course are contained in pyyyh ( d)( llOF this section. 11 T e nskassessor course chdl a minimum of16 traininghours. w i minimum of4 hours devoted to har on training activities. The minimu ~~ mdumxequirements for the ris ' assessorcourse are contained in parap h ( d) W of thirreCtit~~

iii) TLsup sor, co wi minimum of 32 6 how. mmimum of 8 hours devoted to hac on activities. The minimumcurria requirementsfor the supervisorwe are contained in paragraph ( dK31of sectioa ,, I ( iv) The project designer c0u15a last a mrpimum of8 , tnuniPghow ( 21If a training prom mmts the virements in pantpph ( cj ofthis section. then JPA shallapprove the applicatiom for. accredtation no more ' ,

 Ih0? 180 dRV= after rece'ivinga complete application from the trainisg pmgram. Lo the caseof approval. acenificate of acaeditaiion shall be sent to the applicant. In the case, ofdisapproval. a" letter tiescnbing the masons for disappmvai shall be sent to the aopiicant. Prior to disappmval. EPk mav. at its aiscretmn. work with the applicani to address inadequacies in the aopiiurtion for accreditation. EPA mav also reaue~~; aqditio? ai~ margnais xrained b,%$ heuarning. program under mraqrapir Li) oi this section. If a training' .? roeram s appiication is arsapproved. : ne proeram rnav reappiv tor .: c; eciitation a: Jnv ilme renovation, ntmodeling, occupationat safety and haalth. or ind\ ntrial hy iene. ( 31 The principal instructor rhea be mspansible for the organiationofthe courseand oversight of the teaching of all course material, memining manager may designate guest instructors ( iii) Demonstrated experience. education. or training in lead or asbestos abatement. painting, carpenuy.

minimurc cuniculum reqmsnt the project designer course are as needed to provide instruction contained in pmpph IdII4) of th specific to the lectute. hands on Section. activities. or work practice components ( vi The abatement worker coum of a course. last a minimum of 16training hou ( 3) The following documents shall be with a minunurn of 6hours devott recoqnized bv EPA as evidence that hands on training activities. The valnrng manage? and pqnupei mirumurn cummiurn requiremen instructor; have the education. work the abatement worker COUSB are : expehence. [ mining requirements or contained In paragtaph ( d)( s) of ti demonstrated experience. spectficaliv sect ton. iistea in paragraphs IcI( 11and ( cI( 21of ( 71 For each course ajfered. the .

Ihis secrion. This documen? ation need trainin? propram shall conduct el nor be Suomirted with the. accreditation roiirse lest at the completion of tt : npiicairan. but.' li not suumiiteu. Silali course. ma if appi~ cabie. J hJnas skills rr; sasrment. or. in he ahnative. a proficiency test for that disapline. Each individual must successfully complete Lbe ha& on skills assessment and maima passing score on the course test to pass any course. or successfullycomplete a proficiency test. ( 9Thetraining manager is responsible for maintaining the validity and integrity of the hands on skills assessment or pmfiency test to ~~ SUKTY that it aaxmtely evaluates the trainees' with all of the requirements in this section. '( 121 The Uaining manager shall allow PA to audit the mining pqmm lo verify the contents of the applicstion for accreditation as described in paragraph Ib) of this section. ( d) Minimum & u~ ningcm. culum nquinmenrr. To becomeatnedited to ojfer Lead bused put UJLUSOS instruction in the specific disciplines listed below. ! mining programs must '

ensure that their amof study include. at a minimum. the foUowing cow topics. Requirementsanding m an asterisk (') indicate sreas that require handson Bctivitiescasan integral componentof the come. ( 11ktrpeaor. ( i) Role and responsibilities of an inspeaor. ( ii) Background informationon lead and its adverse health effects. ( iii) Background informationon Federal, State, and local regulations and guidance that pertains to lead based paint and ld based paint activities iv) Lad based pent inspeaon methods, including selectionof moms and components for sampling or testing.' ( v) Paint. dust. and soil sampling methodolo& es.* ( vi) Cleannca standards and testing. including random sampling.' ( vii) Prepmition of the fi~ t inspection report. ( viii) Reeardkeeprng. ( 2) Riskassessor. ( i) Role and responsibilities of a risk assessor. ( iil. CollecIionofbackground information to perform a risk assessment ( iii) Sourcasbf environmental lead contamination such as paint. surface dust andsoil. wnter. air. pa* gmg. and guidana that peruin to Lcud burrd pmnt abatement. ( iv) Liability and insma issues relatmg to Lead based print rbtement ( v) Risk assessment and hpsction mport into mtrtion.' ( vi) bv% prnent and implemsntati of M occupant proteciiooplan and abatement mport. ( viil Lead bused paint hazaxd recognition and antlD1.' ( viii) bad bd paint rhtsm. rcte lead based paint h@ mductian methods, including mstxided praaioes. ( ix) Interior dust abatsmantldeaa or lead bused paint hazardcontml a reduction methods.' ( XISoiland exterior dust rbatam~ lead bated p& t hazard control UIC qdiction methods.' [ xi) Clearance standsnl; and. test ( xii] Cleanu aad wastn & pod txidii) RearrBkeep*. ( 4) Pzuject designer. ( i) Role and responsibilities of a pmject design Jiil QtveiopmentandLmpbeu ofan oaupant protsction plan for scale abatement projects. ( iii) Lead based paint abatgnou lead based paint hanrdrsdudior methods. induding nrSaictsd pm for lagbscale abatement proiw3~ ( iv) Interimdust abatcunent/ clc or lead bzudamtdIUI~ U~ methods for larged~ aleabatemet pmjfXlS. ( v) CIeaninoestandarrki and te larp de. abatement pm ( vi) Integration of lead abatement hethodS with modor and rehabilitationprow for scale abatement prom ( 5) Abotemcnt woh. ( i) Rol responsibilities ofanabatemer: ( ii) Badcground info~ tion and its adverse health effects. ( iU) BacLgrobId Info~ ti~ Federal. State and ld guidsn~ ethat pertain to lead&$ paint abatement 1 ( iv) Lead based paint hazaud recogniiion and ConOOL' ( v) Lead bebedpaint rbatem lead based paint hazard redu methods. includingre~ trict~ praaces.' ( vi) Intenor dust abatemer cleanup or lead pain? reduction.' ( nilSoil and extenor dus methods or leaa based pain reauction. ( e) Aequrremenls for the of refresher training pmgm rrainrng program may seek io offer refresner training c oi the followinq discipline I: Sh assessor. ssDervisor. F performance of the work practices and procedures associated with the come topics contained in paragraph ( d) of this section. ( ii) The trainingmanager is , rsponsik!: f: r msintaining the validity and'mtegr,'; of the coursetest to ensum that it a tely evaluates the trainees' knowledge, and retention of the course topics. ( iii) The come test shall be developed in accordance with the test blueprint submitted with the mu accreditationapplication. IS) The mng program shall issue uniquecourse completion axtifiat& to each individual who passes the mining cow. The come completion certificate shall include: ( i) The name. a unique identification number. and address of the individuai. ( iil The name of the particular come that the individuaIcompieted,

iiif Dates oi cqprse coqpletiodtest,. passage. i,,. . ( ivf Expiration date of intenm certification. which shall be. 6months from the date of course completion. ( v) The name, address. and telephone. number of the tmrning program. ~( 91ne training manager shall develop and implement a quality control plan. The pian shall be used to maintam and improve the quality of the tmning program over time. This plan shell coqtain at least the following . elements: ( i) P, medures for periodic revision of mining materiais and the COUTSB test to reflea jnnova$ ons in the lield. [ ii) Procedures for& etrarning '

manager's annual  view of principal instructorcompetency. ( 10) The trarning program shall offer courses which teach the work practice standards for conducting lead based paint activiues contained in S 745.227, and other standards developed bv EPA vursuant to Title IV of TSCA'. These sranaaros shall be taught. in the appropriate courses to provide trainees e kn, owlepqeneeded to periorrn : mse2.: paip'. act iviI ies t tie v are csoonsioie ior coriductinc. : 1I The training manaecr siiall bc ~~*.~ non<.~ rilii10: onsiirine tliat [ hc .

: xi: iiflc propram comoiicc JIat1 Limes ~ f0d ( iv) Visual insp& tion for the purposes of identifyang potential soms of lead based paint barards.* ''

( v) Lad hazard sawnprotocol. ( vi) Sampiing for other soms of lead ex osure: i,

gii) Interpretation of lead based paint and olher lead sampling results. including all appiicable State or Fedeial guidance or regulations pertaining'to leadrbased paint hazards. ( viii1. Development of hazard control options. the role oi interim controls. aha operations and maintenance activities to reduce lead based paint hazards. ( ix) Preparation of a fiiial risk assessment report. ( 3) Srrpelvrsor. ti) Role and responsihilifies 01 a suoervisar. ( iil Backgrouna information on ieaa Ind I~ Sadverse neaiih eiiects..

': ill Backcrouno Lniormation on ._.. rcc. erai: State. J::! I i'oci: reouiJlions dna . i I ! / b C designer. and abatement worker. To obtain & PA accredilation to offer refresher training, e training program must meet the following minimum re uirements: ? I 1 refresher course review the curricuhm topics of the full length courses listed under paragraph Id) of this section, M appropriate. In addition. to become accredited to offer refresher training courses, training programs shall ensue that thew cow ofstudy include, at a minimum. the following: ( i) hovewiew of current safety practices relating to lead based paint activities in general. as well as specific information pertainjng to the ap m riate disaphe. [ i) emnt laws and regulations relating to lead based paint activities in general, as weU IS specific information pertaining to he appropriate discipiine. ( iii) Cunent technoiogies relating to lead based paint aevities in general. as well as specific infomation pertaining to the ap mpriate discipline. ( 2) EAmb+ ar atuse. except for the project designer course. shall last a minimum of8 mining haws. The project designer rsbdier course shall fasta minimum of 4 trainin hours ( 3) Foreach course alien!. the training program shall conduct a hands on assessment ( if applicable). and at the corn letion of the course, a coqe test. (*/' A training pmy may apply for accreditation of a kiresher cotirse concurrently. with its application for . ecaeditation of the corresponding training come as described in paragraph &) ofthissection. If so. EPA shall use the appmval procedure described in paragraph ( b) of this section. In addition. the minimum requirements contained in paragraphs ( c)[ except for the requimnents: in paragraph ( cll6) l. and ( el( l1,( el@) and [ e)( 3) ofthissection shall also apply. . . ( 5) A trainingprogram seeking acmedilation to , offerrehsher training courSes only shall submit a written application. to EPA mtaining the .

f..: lowing infom'atiqq: . . .,

( il The refreshsr training program's name. addmss. ~ d telephone number. ( iil A list of courses for which it is app.. lying for accreditation. ti11 A statement signed by the rrairung program manager certifying that the refresher training program meets the minimum requirements established in paragraph ( c) of this section. except for 1 he requirements . inparagraph (~ 116) of this section. If a training proqram uses EPA d:'+ eliiped model , training ~. iateri~~~~ r'! raimfig.~ ateriais Toproved by a State or Indian Tribe that has been authorized bv EPA under .. 745.3 1 to develop 11s rciresner training couBe malenab. the training manager shall indude a statement certifyin that. as well. '

( iv) If tae rehsbr training couxse matends am not based on = A developed model tmnmg materials or training matenak approved by M authonzed State or Indim Tribe. the training progrua't application for accreditation shall include:~~ ~ ~.~~

.( A) A copy of the student and tnmctar manualsto be used for arch course: ( B) A copy of the course agenda for each course. ( v) AJ refresher trarnlngprograms shall ! dude in their application for accreditation the following [ A) A description of & e & dlitiesand equipment to be usedfor1 and handson  3( B) A copy of e cow test blueprint for each course. [ C) A description of the adivities and pmceduras that will be used for conducting the as8s6rnent of hands on skills for eachmumlif applicablal. ( D) A copy of the quality control plan as described in paragraph ( cI( 9) of this section. ( vi) The mqpimmentsin paragraphs ( c)( z) throug&( c)( S), and ( c)(?) thmugh ( c)( 12) of this& on apply to refresher trainingproviders ( vii) If a rehasher training progam meets the requirementsListed in this pangraph. thenEPA shallapprove the application for aaxeditationno more than 180days after miviag a complete application btn the mbsher mining program. In the caseof approval. E certificate of acasditation& dl be sent to the applicna~ In the ase of disapproval. a letter describing tbereasons for disapproval & all be sent to the applicaat Rim to disappmvsi. EPA may, at its discration., work with the eppiicant to address inadequaci& in the application for acaeditition EPA may also request additionalmaterials retained by the refresher mining progqun under( paragraphti) of this section. If B refresker mining program's application isdisapproved. the program. may reapply for accreditation at any time. ( f) Re occrcdilation of trnining pmgmrns.{ lj Unless maccredited. a training program's accreditation [ including refreher training accreditation) shall expire 4 years after the date of issuance. If a gnrining program meets the requirements oi this section. the training proqram shall be re , accredited.

~

121 A training propram seeking re, xcreoitation shall suDmit an auplication to EPA no later than 180 ,; Jvsociore its accrrarra'lion cxitlres. [ I 4 tmlning program doas not submit its appllcauon for re soawfitation by that date.  A cannot guivantes that the pmgmrn will re rcadited bafon thc end of the accreditation panod. ( 31 The mining progrun't 8ppli~ XtiO: for re editation shall cun& ( i) The mining prognm'c name. address. and telephone number. lii) A list ofcourses for Whicb It is ep'/?.. lying for mecatditation ILL) A desuiption of naychurgsrto the mining facility, quipment or course materials sin its last . ,

application was appmwd that advsra affects the students abiiity to learn. ( iv) A ~ Wementsigned by the pmgmm managersta A) That the painrngpmgram complies at all timeswith aU requirements in paragraphs ( cl & d ( e this section. as 8 plicable: and ( B) The recodeeping andrsrequirements of paragraph ( i) of thk seaion$ hall be roiiowsd. ( 4) Upon request. the traioingprg shalLalIow EPA to audit the training program to verify the contentsofthe application for re accreditationas described in paragmph ( O( 3) of this section. ( 9, Suspension. revocation. and modification of accredited hru'ning pmgmms. ( 1) EPA may. after notice an opportunity for hearing. nrspent revoke. or modify training ptogram accreditation ( including refmiher mining accreditation) if a mg pro+. training manager, or othe person with supervisory ' authority the trainingprogram has: I ( i) Misrepresentad the contents mining cowa to EPA andlor the student population. ( ii) Failed to submit required information or notifications in a t manner. ( iii) Failed to maintain requbd records. ( iv) Falsified accreditation  7 instructor qualifications. or other accreditation related information document6tion. ( v) Failed to comply with the t standards and requirements in tk section. ( vi) Failed to cqmply with Fec State. or locai lead hased paints or regulations. ( vii). Madefalse or misleading statements to EPA in its appiic;; accreditation or re accreditatior & PA relied upon in approving L 2pphcat ion. 121 In addition to nn adminis. luaicial finding oii violation. ex of a consent agreemerit III scttlr ,.

.~ nen. forcementaction constttl: .

purposes of itiis secfiori eviae heen ( i] The legal and fnctud % Isls for the dvocation or. modificationbenrins. ( iii) Notify the deed antity o thesuspension, revocation. or modificsuon. anticipated~ ornmsnoementdate urd( ii) The anticipatedcommencement date and duration of the ruspsnsion. duntion of theimmediate suspension. revocation. or modification. liv) Notify theailtcted entity ol i! s if any. which the right to request a he4Mg on the( iii] AC~~ OUS. affected entity may taka to avoid immediatesuspension within 15 daysof suspension. mvc+ on. or modifidan. tbe suspensiontakiag place aad the. inthe future. procaduas tor the & anduct of suchaor to ~ ive~~ tation ( i~; aeOpp~ nity find metbod for hearink notice. decision. or orderrequestinga h m prior to find ( 5) ~ ny action to suspend, revoke ormodify issuedby EPA under this sectian, any acaeditatiae mmciipts ar other verbatim record of additiondl infarmation. BS' oral te ony. and any documents Bled( vi ~ ny U a.& eariugkrequested1Y the by ma accredited baining pm$ ram in8Ep mpnate, Which may fdde hearing underthis don sbsube accredited trainiog mganu,  PAchalk avdable to the pubgc. ercept as ( i) Providethe & kted aaW othenvise provided by don 14 of opportunity to offerwritten statemenu TSCA orby . part 2 of thistide. Anyriuh in response to asmaof the hearing at which orai testimony is legal and fachiai basis foritspmposed presented shall be ova to the public. action. and any other expbnati~ n~. except that ?+ e PresidingOfficer may corrunents, and argumentsit deems exclude thepublic to theextent relevant to. tha mposed action. necessary to aUow presentation of ( ii) bvide $ e k~ fectedentity su~ b infoanationwhi may beentitledto confidentid uaament  der sdon 14 ofTSCA or part 2ofthis title. ( 6) The public shail be notified ofhe suspension. revocation. modifiartion or Presiding Officerto amduct the hearing. reinstatement af atraining pmgram'~ No person + dl serve as Presiding ameditstion bugh appmpriate Officerif he or she has had anp prior mmdmaintain a tist ofpmesCOUIli3C% h with the 6 & fiC RletteF. ( 31 The Presidmg Okcm nupointed . whose acaeditation has been failure to comply wit$. nlavant suiuies been issued pursuant to pamagraph @( I] or regulations. of his section, it shall be isued 4t th~ ( hl Pmedums& r suspension. same time the emergency suspension revocation or modification of bpining notice is issued. progmm uccreditntion.( I) Prior to ( ii) Notify the affectedentity in Wg actionto suspend, revoke. or writing oftb8 gmunds forthe immediate modify aareditdoa of n training suspension and why it isnecawry to program, EPA rbdl notifythdfmsd suspend rhe entity'ssCcraditatian. baf0~ entity in writing of the followiag: an opportqnity for I ~ lspcnsion.

pursuent to panrgraph ihl( 21, of this section sfiaL1. ( i) Conduct a fair, orderfy. kd impartial hearing within 90 days of the re uest for 8 hearing SUI Consider ali relevant evidence. explanation, comment. and argument. submitted Iiii) N~ ti ythe affeed enti? in writing within 90 days'of cmpletion'of the hearing ofhis or her deckion and order, Such an order is B final agency action which may be su& jx, tto judicial review. ( 4) If qA dete'nnmes that the public hzalth. interest. or welfare warrants immediate anion IDsuspend + e, accreditation af any trainlna program prior io the opponunitv fora nearins. it ifla11. i, ky the giiped enwv oi 11s ~

zt q me+. a te iv syspeha t ra i n i ni ',,

nrcRram acareditat~ onfor me reasons .: steci in paracrapn &$( I) cijnis > V. IJOI: ' C., , I susoenstorl. revrrCX12on. 9r :; rctu'rficat~ nnno: rcp itas nor urc\. to:: Lb; suspended. revoked. modifiedor reinstated. ( i] 7hining progmm recordkeeping requirements. ( 1) Abdited tnuning ' programs shallmaintain. and make available to EPA. upon mquest. the followingrecords: ( il All documents specified in paragraph [ c)($) of this section that demonstrate the quaiifications listed in paragraphs ( c)( lland Ic) I2) ol dus siction of the. trsiningmanager and princi ai instructors. ( ii) Zurrent cumcyium/= ouse materials and documents reflecting any chan es made to these matenals. ( iiiy The come test blueprinl. ( iv) information regarding hotv the ! iancis on assessment is conducted Inchding. but nor limited Lo. ( AI LYho conducts. the assessment 18) HOWthe skiils are graaea. IC) IVhat lacillties arc. usea ID) The pasxifail wfe. ( c) The OtJjillv r qiitr( i!.. r,! 3:: ,>,

cinscrtbcd 117 psraernn! i ; cii3, r( i; :! iis diiron. sou& t: or lii) Submit to EPh anapphcst: a & by of a vafid lmti~ tipair activities certification ( or Squiva authorissdby EPA pfrom a State ar TriW program tl subpart Q ofthispart ( 2) SnlndLviduah may first appl for cerlificstionto engags in tea paint sctivities prirsusnt to tbis on or sftar W I. 1999. ( 3) Following the rubmis~ ion application demonstxattng that * mquimments~ ofthis& an by meet, EPA shalloa anUppL an inspe~ ror. risk ssses# u. ape project designar,! orabatement as appropriate. ( 4) Upon receiving EPA cer) individuals c~~ ductinglead E activities shall comply with Q practice standards fatperfonr appropriate lead based paint as established in 5745.227. ( 5) It shali be a violation of an idtviduai to conduct any lead based paint activities de 3 745.227 alter , August 30. 10 individual has no( been ceri: pursuant IO this sectron to d! !) J) Inspector. r/ sk USS~ SSOI,

SLID~ IVISOT.,.. { 1) To, becomr CE , 11:'. JS art lmne(: tor. rib+. 3s' 45820 Federal Register I VoI. 61. No. 169 I Thursday, August 29. 1996 I Rules and Regulations supervisor. purruant to pamgraph ! al( 1l[ i) of this section. an individual mus1: ( I 1 Successfull+ compiete an accredited course in the appropriate discipline and receive a course compiction certifiate fromM accredited training program. ( ii) Pass the certification exam in the appropriate discipline offered by EPA: ana. ( iii) Meet or exceed the following expenence andlor education requirements: ( AI Inspectors. ( 1) No additional. expenence andor education re uments. 72) IReservedl IB) Risk assessors. ( I) SU ful Lurupietion of Ma& ted mining courSe for inspectors: and 121 Bachelor's degree and 1 yea of expenence in a related Geld ( e.&. lead. asbestos. environmental remediation work. or construction). or an Associates aegree and 2 years experience ina related field ( e. g.. lead. asbestos. environmental remediation work. or construction): or ( 3) Certification as aninduseial hygenist. professional engineer. registered architect and/ certification In a reiated engineering/ health/ environmental Geld ( e. g.. safety professional. environmental scientist): or ( 41 A high schooldiploma~( ar equivalent). and at least 3 fears of expenence in a related field ( e. g.. lead. asbestos. environmentai remediation work or construction). ( ClSupervisor: ( I) One year of .

expenence as acertified lead based ? ant abatement worker. or ( 2) At least 2 years of experience in a related field ( e. g.. lead.' asbestos. or enwonmental remediationwork) or in the building trades. ( 21 The following documents shall be recognized by EPA as evidenat of mesung the, requifements listed in bl[ ZI( iiiI of this paragrapk ( il Official, aqdemic transcripts or, drploma. as'evidenm of, meetingthe eauwtiou requirements. :

i i I Resumes. letters of refemnce. or documentation. of work experience. as  vlacnce of meeting the work 0 x pert ence requirements. : iiil Course completion certificates : om iead specific or ocher related ., I ' rainine courses. issued by accredited ' raininq programs, as evidence of : neetine the training requirements.

* ',' Succcssiully complete an ': creniiecl course in the appropriate discipline and receive a coune completion certificate Irom an accredited training program. ( ii) Meet or exceed the education andl or experience reqrurements in pmgmph ( b]( 1')[ iilJof this seclion. ( 4) me course completion certificate shall sewe as interim certification lor an individual until the next available opportunity to take the certification exam. Sudi interim certification shall expire 6months afterissumcs. ( 5) ARcr passing the appropriate certification exam and submitting an application demonstrating that helshe meets the appropriate ag, education. andlor experience prerequisites described in pwgraph b)( 1) of this section, an individd shall be issued a certificate by EPA. TO maintain certification, an individual must be recertified asdescrrbed in paragraph ( elof this section. ( 6) An individual may take the certification exam no more than three times within 6months of hvbg 6 course completion certificate. ( 7) If an individual does not pass the certification & am and Rceive a certificate within 6months of receiving hislher course'completion certificate. the individual must retakethe appropriate coune hm en accredited training program before reapplying for certification from EPA. ( c) Abofement worker and project destgner. ( I] To become certified by EPA asan abatemenpworker or project designer. pursuant to paragraph ( aWl)( i) of thissection. an individual musk ( i) Successfully complete an aca% ditedcpurse in the appropriate discipline. and receive a come completion certificete from an acmdited training program. ( ii) Meet or exceed thetfollowing additional experience andor education requirements: ( AI Abatement workers. ( 2) NO additional experiencz andor educztion requirements. 5 ( 21[ Reservedl ( B1Project designers. ( I 1 SUCLCSS~ U~ .( i) Ori, dal academic transcripts Or diploma. as endence of meeting the education requirements. ( iil Resumes. Istten of refsrenaj. 01 documenlation Of work sxperience. a evidencs of mesling the work ex periena requirements. ( iii) Course completion oertifitates from lead specific or other lslatcd training courses. ivued by accredit* training programs. as evidsnca of meeting the training mquimments. ( 3) The atme completion csnifia shall serve as an interim aertificatior until certification from EPA ismi\ but shallbe valid for no mom than 6 months from. the date of completion. ( 4) After nraessfully completing appropriate training cowsas and meeting any other qualifications described in paragraph ( cI( 1) of this section. an individual shall be issue certificate from EPA. To maintain certification, an individual must be oemfied as described in eph i this'section. [ d) CertificnLion based on prior training. ( I) Any individual wk~ o received training in a lead hrrad pa activity between October 1,1990. a. March ' 1. 1999 shallbe eligible for certification by EPX under the alternative procedures contained ir paragraph.. Individuals who have reaived lehd based paint activities training at an EPA authorized State Tribal accredited training pmgram also be eligible forcertification by 1 under the following alternative procedures: ( i] Applicants for certification dS inspector. risk assessor. or supemi: shall: ( A) Demonstrate & at the applica hassuccessfully completed tramin on the job treining in'the conduct 0 lead basad paint activity. ( B) Demonsmte that the appiimeets or exceeds the education and experience requirements in paragm [ b)( l)( iii) of thissection. IC) Successfully complete M accredited refresher training murs the appropriate discipline. completion of an a dited training ( D) Pass a certification exam course for supervisors. administered by ? PA for the apprc I.?) Bachelor's degree in engineering. discipline. architecture; or a related profcssron. and ( ii) Applicants for certification I 1 vear of experience in buiidjnq abatemcnt worker or protect desig con~ tructionand design or a related shali: Lcld.' or .( A) Demonsvate t. hat the appk ( 31Four. vcars of experience in hns successiuilv completed traini buiiding construction and desrgn or a on the lobtraining in the conduct r$ rrie. d field. leaa basea pain1 aclivit)'. ' 2; The ioiiowinq documents shall bc ( 131 Drmonstrate that the applrc ,.

rccoenized hy EP.\ as evidence oi meets tnr eauc; ltion Jidkor expcr meeting ttie reQuiremenisI! stea in this reouiremenrs in oaraqriohc ( c) l1 : iaraerabn '. I: CII~ I~; nc I ' 3  iC1 SucCe rriu~ Lycomplete an accredited reinsher training coucse for the appfopriatedisci line. ( 2) lndividuak have until August 30.1999 to apply to PA for mrtificationunder rhe prwdures. Aft= ht dste. individunb wishing to obtain certification must do so  ugh the procedures desctibed in F@ W~ ( a)* end pangraph b] or ( c) ofthis 6etion. according to the & ci$* e for which cattifiation is cougbt. ( e) Re certificafion. ( 11Ta maintain certification in a partidm discipline. a csrtified hdiVidUd 6hd apply to and  be re cergted by EPA inbt & hpb@ by EPA. eit& er: ( i) Every 3 ym if the halvldU& completed a mining co 8 a course test ad hapds on kSseSSment: Or ( ii) every 5 yews if the individual. completede vaiaingCOWwith a proficiency test. ( 2) hindividual shallbe Wercified if the individual ruccssdully CompLaW & e eppmpriste adit4 rehher traininganuse and submits d valid Copy of the appropriate refrestrer course completionceitifiaze. [ I) Cerijfjcation offim. 0) dI firms which perform oroffer to perform any of the lead based paint ectivitik described ia 5 745.227 & et August 30. 1999 shall becertified by EPA; ( 21A firm see~ gqertii~ tiansnail submit to EPA 6 leRsr% ttesChg that the 6rm shaU ORI~ employ appropriately certified employees to conduct leatibased paint activities, and that the firm and its empioyees shall follow the work practice standards in ! j745.227 for conducting Lead basedpaint activities 3) Fmm the date of receivingthe iii's letter requesting oetritication. EPA shall have 90 days to appmve or disapprove the fm'srequest for cehification Within that time, EE'A shall respond with either e certificate of approval or a'ketterdescribing the reasons for a disap roved. ( 41 The Brm. rhairmaintainail Fards pursuant to the wquimmeqts in § 745.227, ( 51 Firms may first apply to EPA lor certification to engage in lead based paint activities, pursuant to thissection on, or after March 1. 1999. . ig) Susoennon. revucdtdun. and moarficarron ot ceriificutions., o. j , ~.~ uiviauai~ engaged IR lead basea paint c. ccwi( ies. 1' 1 IEPA mav. atrer notice ana Opponufiliv tor Iicar! ng. Suspend. Ty; O ntud. itcan riidivIduai's ,,

LZIi. I ii if:+ gi iriijis; xiuai has: . . . ~ Y:: JI~ c::;~~~ III~ I~ aacurnen!~ tinn t 1 I1 ; O uen :; a u Cu IC( iIilleillls. 5 2 ori i o il :\: I. , .,., I :. c c .:,: I:~ L _, :')::: :): P\ t: u %;:;

*$,,:, r~ uctea ( rdiii it!(! program ihrougb mtsmpresenlntion of admission teuvtrements. ~

iii) Obtained anifiauon duough rnisrepmnution af certification reguimments or dated documcnls dsshng with aduulion. training. professionalngrsuation. or srqmrience. ( iv) Pstformed work requiring & cation at Ijob . de without bring proof of atrrifimtion. ( v) Permitted the duplication or use of the iudividd'r  owncertificate by aaother. [ vi) Performed work for which wrtificstion isreqwd. but for which 8ppIUp& t& 3 cfu( iEcat. ionhar not been recxlived. ,

( vii) Failed to cornply with the appmpriateworkpradice atan&& for lead based aint activitiesat 745.227. ( viii) FaiPecito amply with ~ eder~ l. Stnu. or local Lad based paint statutes or regulrrtions. ( 21 inaddition lo anadministrative or jK&& & of ViOhtiOn. fGr '

purposrn ot thir don only; axamtion of I) amant agxeement in rettfement of anenforcamentactionconstitutes evidenceof a taisure to comply with relevant statutesorregulations fi] Suspension.~ yodotjo~. and rnociificutdn v/ cmtiicntionroffirms engaged in lead bclsedpint attirities. It] EeAqay, after noticeand opportuuify for hearing, suspend, revoke, or modify a firm's & dc6tion ifa firm bast ( i) Performedwork requiring certification at a job site with individuals who afer not certified. ( ii] Failed to comply with the work ffractimrtandardsaStAbWdia5745.227.( z) Misrepresented facts iaits letter ofap iimtion for csrtificatioato EPA. livPPailed to maintaia required+[ VIFarled to amply with Fedetak. State. or local lead bad paint statutes or ngdations. ( 2) laaddition to &. adrmni? rtrative of judicialfiodrngof violstion. for purposss of thissection. ody. execution of a consent agreement in settlementof an enforcementbon constitutes evidence of a failure tu comply with mievent rtatutes or regulations. ( i) Pmcedums jar suspension. reVdCCtlOn. ormodificationof the cem cation of individuuls orfirms. ( IfiIf EPA decides to suspend. revoke. or modify the certification oi anv individual or Gnn. it shall norrfv the afienea entity in writing of the followme: [ it Thelegal art0 factuni hasis iar the susoension, revocation, or rn: idttrcactorr (( ti The CornrnericemeiLt' ah: e 3n; r auration 31 [ Ilk SIJ.< l'~=_ I:> Lc)~. rB*',<'(;, t:< VJll or moaifimoon ( iii) Actions. if any. which the affeded entity may to avoid SUS~ N~ O~. rcvocaunn. or modifiu or to lsceivs csrtithdon in the fut. fiv) The oppttuntty ina mathod requssliog a baring prior to find E action to rurpund. mvoke. or modk cdrtifiation. ( v) Any additional intanrution, i appmpriete. which EPA may pmw ( 2) If B hearing is requastmi by rt, certified individual or h. EPA s ( i) Pmvids he affected entity ar: opportunity t~ oHer writtan man in responssto = A's asortion of t Iegd ~ d factrralbauj and any od exphatioas, commantr. ad it dearnr r+ eavant to the pmpd action ( iil Provide the effected entity r ower pd\ miopportunities= may deamappropriate to ensum and impartial hsariag. ( iiil hppainl an oflicialof PA Presiding Officer to aondua the No pemn & ball rarye uf? raddii Officer if ha or she bas hmd my *

COnnecticMwittr Lberpsdticma 13) The Presidrng 05 r thai ( i) Conduct a fair. orderky. impartial hearing withi0 90 daj request for a hearing; ( U) Consider aU rels~ ntevid explsnatiun. comment. nndsrg submitted and ( iii] Notify the sffected antiq writing within 90 days ofcorn! the hearing of his or fit^ dM order. Suchnn orderIsa End adon subject to judicial ~ 8. svi~ ( 4) IfEpA detetdRar that e heaith. intstest. or welfam ~ a:

immediate action to suspend t cmificationof _ MY indindud. prior to the opportunity for 8. shall: 3 ( i) Notifythe affectsd entity iatent to immediately suspenci certificationfor the, lrsaraor q. paragrsph ( h)( 1) of thhimction: suspension, revocation. or mc notice'hasnot previously bes shall be issued at tha came ti immediqte muspinsion notic ( ii) Notify the affected enl. witing of the gmunds upon immediate tuspens~ onir ba: it is necessary to suspend 10 accreditation before an opp a heanng to suspend. mvok ! lie ind\ v rduni'sor firm's ce Iiii) ~ otrfv* beeffected et commencement dare and d immediate susoension. (! VI NGLI~ Ythe rrifecred er ~ qh:( 0rvOu~. sta Rearing 0 In\ mzd: ate susocnston wrt .

11:~ suspctlsio: i \ air% piac procedures for the conduct of such a heanng. ( 5) Any nonce. demsion. or order . sued by EPA under thissection.' a vanscnpt ot othervsrbatun record of oral tastlmony. and my documentsfiled by a certified individual or 6rmin a hemg under thisdon shall avulabie to the public. except IS othewse provlded by seaon 14 of TSCA or by part 2 of thistitle. hny such hearing at whch oral latlmony 1s presented shall be open to the public. except that the hsiding Officsrmay exclude the public to the extant necessary to dow presantati~ aof informaaon wbch may be entided to confidenhal tmatmmt mda redlm14 of TSCA or part 2of thistrue.

§ 745227 work lor conductingiGGprintaeuviibs: target housingurd ChtWxcupkdfacUltft=

*[ E) ~ ffe~ bndntt. applicobilitg. and terms. ( 1) Begrnnrng on hhda 1.1999. all lead based pint rCti* tie? r performed pursunn! to the work pdm standarb containedin thissection. ( 2) When performing my lead based pat activity ddbsd by the arti6d rnctndual asan ipspection. lead hauud screen. nsk assessment orabatement. a cemfied individual must @ om that actlvlty m compliance wth the ' ap mpnate mqurrements below. fi) Documented methodologies that are apprupnate for tplsbeCtlon LUB found UIthe followug: Th% U. S. Department of Housng and Urban Development ( HUD) Gudelines for the Evaluahon and Control of Lead Based Put Hazardsxn Housmg; the EPA Cudance on Residential Lead Based Pant. LeadConuunmated Dust. and Lead Contamlnnted Soil: the EPA Residentlal Samphng for Lack Protocols for Dust and SoilSampling [ PA report number 7476R 95 001): Regulahons. grudnnca. methods or protocols issued by States and Indian Tnbes that have been authonzed by PA: and other eqruvalent methods and qui aelines. ( 4) Clearancelevels ameppropnate for the purposes of thisliectlon may be found rnthe EPA Cudanceon Residennal Lead BasedPamt. Lead Contammated Dust. and Lead Contamrnrated Sod or other equvdenf guiaeiines To) InsDection [ 1) An inspection shall be conaucted onlv by a person cemfied b~ E?.? as an inspector or risk assessor ana : f conducted. must be conducted e procedures inhs .: I \ vhcr. conavctrng an inspectton.. ' helollowine iocauons shall be selecred LcorE, nc to uocumentea rnelhoaoioqies ' ( 1) In a residential dwelling and child occupied fa, citity, tach component with a distinct painhng history and each exterior component with a distinct painting history sh. U be tested for ladbasad paint. except thosa components that the inspector or risk assesmr determines to have ben nphd after 1978. X~ Kto not contnin had based paint: and ( ii] In a multi family dwelling or child oaxpied facility, each component with a distinct painting his toy in^ commar~ mea, exespt those components that the inspeaor or riskassussor debnuinas to have bean mphd after 1978. or to a01 con ks! Lh. udphL ( 3) Paint shall be campled inthe following manner:( i) ThemIysir of paint to determine the presena of lead shallbe conducted using. documented methodologieswhich inwrporate adequate quality conmi procedures; andlor ( ii) All collsaedpaint chip Mmpla shallbe analyzed ncmndiag to paragraph ( 0of thiscection to determine if theycontain detectable levek of lead $ at can be quanaed numerically. ( 4) The certified inspector or risk assessorshallprepam an inspeaion reportwhich shallinclude the following information: ( i) Date of each inspection. [ ii) Address of building iii) Date of construction. ( iv) Apartment numbers( if ap licable). 6) Name, address. and telephone

number of the owner or owners of, each residential dwellingor cbild occupied faality. ( vi) Name, signature. and cedication number ofeach certified inspector an& or nsk assessor amductin testing. ( vii) Name. addrew. anIf telephone number of the certified firm employing each mor and/ orrisk massor. if ap licxble. kiil Each testing method and device andlor sampling proadunr amployad for paint analysis. Lduding quality control data and, if used. the serial number of any x ray fiuoresance ( XRFI device. ( ix) Specific locations of each painted component tested for the presence of leadhased put. ( x) The results of the inspection expressed in terms appropriate to the sam ling melhod used. ( cPLeod hazard screen.( 1) A lead hazard screen shall be conducted onlv hv a person certified by EPA as a rlst assessor. ( 21 If conducted. a lead hajzard screen inall be'conaucted as iolisws: facility and ormpait usa p. nur~ that may caw Icad bssed pIIlrt c ? osupe ti one. or. mom ddh age 6 yam and under shall be coUd ( iijA vmd iprpectioo of the residential dwelling or chlldmpitd Uty rhll kcsnduddd to: ( A) Ds e if my detariomted paint tpxusant. mda) Lacate at last two dust samplinl 1 tionr ( iii). Ifdetsriontad print is resent. each surhca with demit& paint. which hdeumiocd. nsiagdaxuasnt  uaLdolgCiar. tobe in poorconditio: and to have a distinctpainting history shall be td for the pnsmas of leer. ( iv) In residential dwellings. two composits dust samplu shall tm mUected.: one from theflwnand the othsrhm the windows. in moa~ t. hallwys or Etairweutwhars OM or mors childrm. age 6 and under. are mast liLsly to comein contactwith dud ( v) Inmulti family dwellings and childazupied facilities. in addition thenoor and window samples nquu in paragraph ( c)( l)[ iii) ofthis sactian thsrisk or & dlakocollect composite dust sampler from com~ nc amas where one or moreChiidZen. q 6 and under. are most likely to corn^^

into contactwith dust. ( 31 Dust campies shallbe calbar. and analyzed inthe fouowing mam: ( i) ddun rample~ rhall be tak~~ usingdocumented methdololJleo2 ! inmrponrte adequate quality contrr Pd ii) All coUectsd dust mplw 611s anaiyrd~ aceordingtopanrgrclph ( 0. & is sactionto determine if they coat detectable levek of lead that can be quan~ ednumerically. ( 4) Paint shall ksampled in the followingmannm. ( i) The dysis o paint to deterrdiae the pressnos of 1. shdi be conducted using document methodologia which incorporate adequate qety control proadure and/ or .( ii) All collected paint chip sam~ shall be analyzed accordtng to paragraph ( 0 of this sechon io determine if they contam dcrectabl levels of lead that Can be quantifier numencallv; ( 5) ne nsk assessor shall PEP" lead hazard screen. repon. wiuch s include the followng infomarion ,.

( I) The infomatlon reauired in a assessment repon as soecified in paragraph ( d) ofthis section. inclu i  , .. .

. ..... ..

paragraphs ( d) fIll( i) through ( d)( 1l)( xiv). and excluding paragraphs (~)( II)( xv) through ( d)( lll( xviiitofthis section. Additionnlly. any background informstion cotlected pursuant to paragraph ( cl( z)( i) ofthissection shall bs included in the risk assessment PB on; andp.. 111 Recommendations. if warranted, for a follow up risk assessment. and 8s ap m riate. MYfurther actions. pd) lisk assessment. ( 11A risk assessment shall be conducted only by a person cenified by EPA as a risk assessor and. if conducted. must be conducted amording to thb procadin this paragraph. ( 2) A visual mqxctioa for+ k assessment of the residential dwelling '

or cbild occupied facility shali be undeaken to locate the dstence Of deteriorated paint. BSSBSS the extent and CBUS~ Sof the deterioration. and other potential ieeii based aint hazards. ( 3) Background inPomstion warding. or stairwell utiiiLed by one or more childmn. age 6and under. and in. other common amas in the child occupied faciiity where the risk ass86sor deternines one or mom children, age 6 and under, ure likely to come into can with dust. ( 8) Soil samples shall be collected and . analyzed for lead cancantrations in the followinglocations: ( i) Exterior, play kfeas where bare soil is resan~: dF. ii) Driplinelfoundation areas where bareroil is present. ( 9) Any paint, dust, or soil sampling ortsrting Wbe mnducred using documented methodologies that imp?;.* adequate quality control . p;, sad= ( IO) Any collected paint chip, dust. or soil samples shall be analyzed according to pqph ( 0of thissection to determine if they contain detectable based paint hazards and any other potential lead hazards. ( xviii) A description of intenm controls and/ or abatement options . each identified, L d bd peint hg and a sugg& cd prioritization for addressing each buud, If the use 9 encapsulant orendorum is recommended. the report shall mmnmend a maintenance and moaitonng schedule far the encaps or endosum. ( e) Abatement. ( I) An abatenient be conductedonly by an individua certifiedby EPA. and if conducted be conducted accordingto the proaedures in thispaxngrapb. ( 2) A. certifiedsuperrirar. irrequ for each abatement project and she onsite during all work site prupara and during the postsbatemen1 cie of work fueas. At all other timer n abatement activities ( VB being conducted. the qrtified. supeMsc beonsite oravailable by teiephon pager oranswering cumice. and a: be present nt the work site in no r than 2hours. ( 3) Thecertified superrisorMC certified firm employing that sup shall ensurethat all abatement ac are conducted accordipg to the requirements of this sectionand otherFederal. State and bd requirements. ( 4) Notification of the commer of lead basad paint abatement at in a residentiai dwelling or chik ompied facilityor as a result o Federal. State. or bcal ordersha pqn to EPR prior to the commencement of abatement RC The procedure fw this notificat be developed by FA prior to A. 31.19986 ( 5) k written occupaat protec plan stdl be developed for all abatement projects and shall be' prepad according tu the fobw pfOCi3dru8s: ( i) The occupant pmtection r be unique to each residential d or child occupied fadity and developed prior, to the abatemf occupant protection plan shali the measures and managemen' procedures that will be taken t abatement to protect the build occupants from exposm to BI based paint hazards. fii) A certified supervisor 0:

designer snall prepare the occ protection plan.! ( 6) The work bractices liste. shall be restricted during an i , .

2s lollowsill Onel\ nilRle ourning or I rean basea paint is prohibrtet presence of lead. Each other surface determined. using documented ~

methodoiogies,, tobe a potential lead based paint hazard ~ d having a distinct pa@& tory. shdl also * be tested for the resenm of lead. ( 57 In residential dwellings. dust samples ( either composite or sin& surface samples1 hum th0 window and floor shall be collected in ail. Iivingareas where one or more children. age 6 and under. am most likely to come into contact, with dust; ( 6) For multi family dwellings and child occupied facilities. tbe samples required in paragraph ( dl( 4) of this section shall be taken.' in addition, window and floor dust samples [ either composite or single surface samples) shail be collected in the foliowing loations: ( il Common are? adiacent to the sampled residential dwelling ec chiidoccupied faolitv: and Iii) Other common areas in the building where the risk assessor levels of lend that can be quantified numerically. the physical charaaeristi~ of the ( 11)" he aertified risk assessor shall rwsidentiaI'dweLlingorchildoaupied prepare a risk assessment report which fadiity and OcCupMt us pattmns that shallindude the fouowing information: may cnuse lead& sed paint exposure to ( i] Date of assessment. one ormom children age 6 years. and ( ii) Addrirs ofeach buildint , . ( iii) Date of constructhi of uildin 5. under sixail be collected, ( iv) Apartment number ( if applicabPe).( 41 Each surface with deteriorated ( v) Name. adk. and telephonepaint. which is determined, using documented methodologies, to be in , nurnber of ea& ownm of each building. poor condition and toka3e. a distinct ( vi) Name. signatura. and certification painting history. shall be & ertedfor the ~

of the certified risk assessor conducting the assessment. ( vii) Name, address. and telephone number of the certified firm'employing each certified. riskassesor if applicable. ( viii) Name. address, and telephone numberof eackRcognued laboratory conductinganaiysis of coilected pies. ( ix) Resuits of the visual inspecuon. ( x) Testing method and sampling pdum for paint + lysis empioyed. ( xi] Specificlocations of en& painted componenttested for the presence of laad ai) All data colieaed fromon sits testing, including quaiity control data and. if used. the seriai number of any XRF devica. ( xiii) Ail resultsof laboratory analysis on collected paint. soil.. and dust sampler. ( xiv) Any other sam lin results. ( xv) Any backpunf; Pin omation collected pursuant to paragrapn ( dI( 31of this section. ( xvi) To the enent that thev are usea as part of the lead based pain! hazard dete% tncs ! hat. oneoc more cnildren. ., . determination. the results of anv aee && b. a. undet. arelikeiv to come inro . previous^ inspections or analvses ior the contact rvith oust. presence oT lead based paint. or ptner 1 For cttrld occupied. bcilities. ~ ssessrnents oI leaa  based pa I R t  relatea window ann floor aust sarnoies ietttler' haiards. (: omi oos i( e or s I ne I e ~ 5 ( J r 12ce sa ni L) ies i ixvtii A aescrrpcron, oi the iocation \ rial1 be coilecteo In eacn room. iijiiwav type. ana seventv oi idenrifiea leao1 ( iil Machine sanding or grinding or abrssive blasting or sandblasting of lead based paint is prohibited unless used with High Elficiency lrarticulate Air WEF'A t exhaust control which remot'es panicles ol0.3 micmno or larger from . the air at 99.97 percent or greater efficiency: liii) Dry scraping of lead based paint is permitted only in con) unction with heat guns or around electrid outlefs or when mating defective psint spots, totaling no mom than 2 square feet in any one room, hallwoy. or stainveif or totaling no more than 20 square feeton exteriorsurfaaes; and ( iv) Operating a heat gun on lead~ based paint is permiited only at temperartma below 1100degrees Fhnheii. 17) Zfconducted. soil ebatement she11 be conducted in One of the following ways: ( ij ff soil is removed. the leadcontammated sod shall be t~ pkcedwith soil that isnot Leadcontamiaatd. or lii) If soil is not removed.. the ieadcontaminated soil sbaU be permanently covered. as detioed in 0 745.223. .( 61 The following post ebattment ciearance ptoceduras shall be performed only by a certified inspector orrisk 0SSBSSOI: ( i) Following an abatement, a visual inspeaion shall be performed to determine if deteriorated painted surfaces andlor visible FOUR& df dust. be raken from one window ( if available\ and one dust sample shell be taken Ironr the floor of no less than four rooms. hallways or stairwells within the containment area. In addition. one dust sample shall be taken from the floor outside the conuinment area. If lhere are less than four rooms. hallways or stairwells within the containment area. then 00rooms. hallways or suiwells shall be sampled. ( B) After conducting an abi1ie~ t0nt wilh no containment. two dub( samples shall be taken from no less thin four rooms, hallways or stairwells in the residential dwelling or cbild occupied facility. One dust sample shall be taken fmm one window ( if available) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If them are lessthan four rooms. hallways or staimells within the residentid dwehg or cbild axupied facility then dlmorns. haIlways or staimellssballbe sampled. ( C) Following anexteriorpaint abatement, a visible inspectionshall be conducted. All horizontal skSBres in the outdoor Iiving area closest to th~ abated surface shall be found to be cleaned of visible dust and debris. In addition. a visual & peaon shall be conducted to determine the presence of paint chips on the driplineor next ! O the foundation beiow my exterior ( whichever is smaller) in the randomly sampled papulation exceed the ap ropriate ctearance lsvelr[.. lit1 Therandomly selected residential dwellings shall be sampled and evaluated for clcnnncs acootding to the proczdrires kund in paragraph ( e)@) of this secttort. ( 101An abatement report shell be prepad by a csnified supervisor or project designer. Theabatemeat report shall inchde the following information: fi) Stan and completion detssof abatemenl. ( iil The name and addriss of certifiedfum conducting. theabatement and the name of each superviw assigned to the abatement pmjd ( iii) Theoccupant protection plan prepared pursuant to paragraph ( e) lS) of this section. ( iv) The name. address, and'signsture of each certified risk assessor or inspectorconducting clearance sampling and the date of clearance tafting. * ( VIThe resuits of clearana, testing and dlsoiranaiyses( if appiisabie) and the name ofea& recognizedlaboratory that conduded the analyses, ( vi] A detailad written descriptionof the abatement, including ahtomant methodsused. loeations. olmop~ sandl or componentswhere abatement ornured. reason for seiecting pdcufar abatement methodsfor each componen: and any suggested monitoring of encapsutants or endosuns.( nCollection and lobomtory ana& sis of samples. Any paint chip. dust, orsoi samples coilpxed pursuant to the work pmctiea srandatds contained in this, section shall be: 11) Collected by persons certifiedby EPA asMinspector or risk sfhestclr, ( 2) Anslyzed by e labolatory mngrwzd by EPA pursu'knt td section 40S( bl of TSCA as being capable of performing analyses for lead / compounds inpaint chip. dust. and soi ~~~ positcdrrstsampling. Composite dust sampling may only be conducted inthe situations specified paragraphs ( c) tbrougb { e) of this section. If such sampling isconducter: tbe foilowing conditions shall apply: ( IbCompositedust samples shall consist of at least two subsmples: ( 2) Every component that is being tesied shall be included inh? samp!: and ( 3) Cornposi~ edust samples shalt n consist of subsampies lrom more thar one tvpe of component. ( hl Recordkeearne. All repons or plans requirea in thts section shall be'' maintamed bv the certified firm or indkbtuual wno orepared the repon f '

deteriorpted painted surfacesor visible smolrnts of dust, debris or residue are present. these conditionsmust be eliminated prior tu the antinuation of the clearance pmcedures. ( ii) Follo, wingthe visual inspection and anv postkbatement ciequp m~ redby parapph le) WIi) of,&. section. clearance sampLing forfeadcontammated & st shall be conducted Cl@ arasicesampling may be cljnduned by employing single sqrfaca sampling or ' composite sampling technr~~ es. liiil Dust sample?; for clearance purposes shgll be taken using . ' .

documented methodolog& that incorporate. adequate quality control procedures. ( ivj Dust samples for clearance : purposes shall be taken a minimum of 1 hour after completion of find post abatement cleanup actlvit+. [ VIThe following post abatement .' I clearance activities shall be canducted AS appropriate oasea upon rne extent or surface abated. If paint chip5 are present. bey must be ramoved from the debris or residue are still present. LI site an'd properly disposed of. according to all applicable Feded. State and local uirements.=? vi) The moms. hallways or stairwells ' selectedfor sampling shall be selected accordingto documented methodologies. ( vii) The ceded inspector or risk assessor shall compare the. residua1lead level ( as determined by the labomtory adalysis) fmm each dust sampte with applicable clearance fevels for lead in dust on floorsand windows. IF the residual ieed levels in a dust sample exceed the clearance levels. all the mmponencs reprasented by the failed sample shall bit recleaned and retested until clearance levpis are met. ( 9) In e mulii family dwelling with sunrlarly constructed and maintamed residential dwelljngs. random sampling for the purposes okieepnce mav be conducted provided: [ i) Thecertified indivicjuals who abate or c1ean. theresidentid dwellings do not know which residenttal dwellinq will be selected for the rmdam sam le. ( iil A sufficient number oPresidential dwellings are selected for dust samoiine : o provide a 95 percent levei oi Yoniidence that no more than 5 percent !) r 50 of theresidential dwellJries d .

no fewer ttun3 years. mecertified fih or individual aho shall pmvide COPI~ S of these rsporcs IOhe building owner whoconcractcd for its services.

ITUPS Acuedmtlon of minlng pmgmr. pUetlC Mdcamm0rcf. l buUdtngs, Mdw and aupwrtntcarms[ m. 5 Cetununon01 Indlvlduab ~ d (\ muangagadInI palnt acttvt( ks: publlc Md awnma chtbuildings, bfidgsr and suparsauctuns [ Reserved).

5 7 work prrmcs standads for mductfnQ Wd bUSdWlnt . Cdd@ S publlcand tom ktUdlngqbrldga, Md wpemnrchrms ( ResanM.

57 Laad ksd pdnt octlvllct. qulrcmentr Lead based paint activities. as defined ' inthis part. shall" odybe conducted according to the procedures and work practice standards contained in 5 745.227of thissubpar!. NO individual or firm may offer to perform or perf any lead basedpaint activity as defined in this part. des artified to perfonn that activity according to the procedures in 8,745.226. ~

5 745235 Enforcement ( a) Faiiqn or refusal to comply mth any requirement of 55 745.225.745.226. 745.227. or 745.233 is a prohibited act under seclions. fitintk409otrSCA ( 15 U. S. C. 2614. 26891. blFailure or refusal to establish; maintain. provide. copy, or'permit access. to records or reports0s required by 55 745.225.745.226, or 745.227 is a, prohibited act under se, ctions15 and 409 of TSCA ( 15 U. S. C. 2614. 2689). IC) Failura or refusal to permit entry or mspecuon'as required by 5 745.237 ana section 11 of TSCA ( 15 U. S. C. 2610) is a piobibited act under sections 15 end 409 of TSCA ( 15 U. S. C. 2614.2689). ( dl tn addition to the above, any indwidual or firm that performs any of ~

the following acts shall be deemed to have comqntted a pmhibited act under sections. 1; sand 409' ofTSCA ( 15U. S. C. 2614.26@). These inciude the following;: ( i) Oblaining certification through fraudulent representation: ( iil Failing to obtain cenificauon irom I EP. 4 and performing work requiring cenificarion, ac J lob site; or liii) Fraudulentlv obtaining cenifi. Gaiion ana engaging In leadagti fties~ requirine ..,.. ion.  I.; . *.

01 L'ioIators are subject 10 c:\': L ana criminal sanctionspursuanc 10 sec[ lOn ::) 0: T: C+. ( 1 j U. 5. C. 2Gl51 fflr t. iC::

, ioiation j74S. 237 InwoM. EPh may condua reaJonabie kwOnS PUrSUMt 10 the pmVlSi0~

ofdon 11of TSCA ( 15 U. S. C 26101 to ensum complianca wib this sub*.

g' 745239 E! f. ctlniLcas. ThLrrubpan L W appiy in any State or Lndian Country that does not have mauttrorizsdprogrun under subput Q, effective August 31.1998. ln such stabs ar Indian coua : ( a) Trauungprogrrmr dnot provide. oUer or dah to pmnde training or refresher lraining for dation without adtation hm EPA muant to g 745.225 on or after MAd 1.1999. . ih] No individual or fumshall pdozzta, offer. or claim to perform Ieadb d paint activities. asdefined in this subpart. without certification from EPA to canduct ruth activities pursuant to 5745.226 onorafter Augukt 30.1999. [ c] All lead bared paint activities shall be perfonnod pursuantto the work practlca standardscontained in 5 745.227 on or after August 30.1999.

Subpam& P ( Reserved)

%.

Subpan Wbte and lndhn Tflbal Progrerns 57 Sawmdpurposs ( a) This rubm estnblishes the requirementsthat State or Tribal p'oe;"~ msmust meet for authorization by the Adnuutrator to admhstet ad enforce the standards. regulations. or otherrequirementsestablished under TSCA section 402 afrdorsection 406 and stubiishes the plwrdurss EPA will follow inapproving, revising, and withdraw approval of State or Tribal '= State orTribal lead bared pdt training and Certification plpgrsms. a State or IndianTribemay seekauthoxization to administerend enforce § § 745.225,745.226. and f45.227. Theprovisioot of 55 745.220. 745.223. 745,233, 745.235, 745.237, ad 745.239 shall be applidle for the oses of such program authorization. pT( c For State or Tribal pre renovauon notification programs. a State or Indian Tribe may seekaulharization to .. . administer and enforce regulations developed pursuant to TSCA secuon 406. ( dl A State or Indian Tribe appiving . for program authorizauon'raay seel; either intenm approval or final approval of the compliance and enforcement portion oi & e State or Tribal lead based paint pzogram pursuant to me pceaures at 5 745.3i! Uf( a). iel S! ate 0. r Tribal, submissions for prqqram aumorization snail compiv with the prwsdurst set out int&

su% Zy State or Tribal program approvedby the Achiuktntor uadr thissubpart W at dltimes compi with the rsquitun~ nuof mbp ~

( g, Inm y states will hck authority to ngukte . ctlvitisr in in. Country. Thirkk of rutbity dw: inrpcrir SUU'C4biJity. W fUl pmpm au$ horiaioninm 6 withthklubpuLDA~ Uadmipi he program inIndkrrcountrp. ifnc the SW nor Indian Tribe hubeer granted prognm authorization by E 5745323 odlnltkm Thedefinitiops rubpur A apf thisrubput Inadditian. the 4elk in 5 745623 md the following dehitioru apply. India Gun, tryrnems( I) all la withintha lirmts of my hmericar bdbn reservation under the junrdiction of the U. S. gowe notwi~ theLsuurosoft patent and & iuding righmf w llmnhgthroughaut ! ha

ti all dependentIndiancommupiti within the bodes of the United whether within the origid or subsequentlyacquired territory* and whether within or outside ti of a State: md ( 3) allIndian ello the indimtitles which have not extinguished. including. rights< runningthroughthe same. Indian Tribe means MY indie band. MtiOll. or comdty mc by theSecnwy of the Interior exe iag substsatidROVS~ duties and powem. 5 745321 AUmOmOn Of SPtll Pw a) Appfi'cation content ad proc~ d~.( 1) Aay Statcl. orin Tribe that reeksautho* tian I ' to edminiaer and enforce any provisi0rr; rof sub+ Lof this under don 402( a) of TSCA provisions of r+ phtionsdwe under rsctlon 406 of TSCA sh an application to the Admini: accordance with the pdu paragraph( a). ( 21 Before develop* anaF for authorizahon. a Stdte or L shall disseminate a public nr intent to SeeK such authorizs provide an opportunity fot 8 heanng. 13) A State or, Tribal applir  include: ( i) A transmiltal letter hr Covernor or Tribal Chairper equivaienr oificia. i) request1 " ,

apurovai. ( 11) A smmarv ni the Sla .. program. ; ?, IS surnntarv WI ," I.

D. C. Law 5 35 THE LEAD BASED PAINT POISONING PREVENTION ACT OF 1983 There are provisions contained in the D. C. Law 5 35, Lead Based Paint Poisoning Prevention Act of 1983 which apply lead hazard prevention controls to owners of residential premises, as defined, in which a child under the age of eight years resides, or is a regular visitor who spends a substantial portion of his or her time on the premises.

N .. I.. I   COUMCXL OF THE DISTRICT OF COLUHBIA ' Lead 3ased Faint Poisoning Prevention 4ct of 1983".

Pursuant ta Section 412 of the Dlstriit uf ", lumoia Self

Government and Governmental 2eorganl zatlon Act, P. L. 33 198,

" the Act"', the Councll of the District of Colunbia adoptea ail1 Mo. 5 38 on flrst and second readings, June 21, 1983 ana July 5, 1983, respectlvely. Folloulng the signature of the Mayor on July 21, 1983, this legislattan was assigned Act NO. 5 57,

published in the August 19, 1983 edltlon of the  D. C. Register,

( Vel, 30 page 4156) and ttansnltted to Congress July 22, 1983 ' I for a 30 day rcvlew, tn accordance ulth Sectlon 602 ( c)

the Aet.

. ' fht douc\ cll of the OIsttlct of Coluabid hereby gives natlce that the 30 day Congresrlonal Revier Perlod Rds expires, and therefore. cites , thts enactment ds 3. C. , au 5 35, effectlre October 8, 1983.

I 1 Chairman sf the Counci I\<

Dater Courte6 Qurlrg the 30 dry Conptcsslonar Review Period: _ I_

July ZZ, 25,2b, 2?, 28,29 2 D. C. ACT 5 = S 7 COD1FICXT ION D. C. Yunfcipa Regulat ! LlflS ( WR)

, Readily accessible exterior surfaces s: T. a,.. :; e::::.: al! y : neluds doors, door fr ames, railings, steps, ~:: idgw frames and YtlLS.

   Residential promlsom  means azy 5uild: ng * iho!. Ly or p8btLy Used or intended to be used for Living and s: eaplng by human occupants, togather with any fences, walls, sfieds:

gaa aqes, oh athos accossory buildinqs appurtenant to such d 1 3 EarOLic.:! ~ y:~ i::~ l buildtng, an& the area of land surrounding the building and actuaily or by Legal construction forming 3ne er. c: osure : n which 3uch a building is located.".

( b) , Section 2102 is amended by adding isrnediateiy following the phrase " part thereof" the phrase "( including those owned by the District of Columbia c~ o; er::? ent)".

( c) Section 2605.2 is amended to read as fo:!,? xs:

" 2605.2 The Mayor of the DistrLct of Zcl~~ hiasi. all designate an agent of the District of C9lxSia Zo Lcspect any residential premises where there is reason to believe lead may present. a health hazard because of the presence of a child under the age of' 8 years vho ( a) lives in the premises or ( b) is a regular visitor to the premises who spends'a substantial portion of his tire there. . For the purpose of this section, the phrase ' a substantial FortLon c~ f! tis time' shall mean at least ten ( 10) hours per ; e~ k In the aggregate on a regular basis. The 3es: y:' lated aqent,

whene.; er ( a) upon inspection finds the presence of flaking,

peeling, chipped or loose paint, plaster, or : t:"*.'..* a1 materials an any interior or exterior surfs, 4 of 3~ 1~

residential pr8mfses, or ( b) has other reasc:. abLe qr> t indS to believe that 8 hat8rd may exist to the IieaLth , r, f any inhabitant of or visitor to the residential premises becau'se of the presence of lead or load in its compound8 on such surfaces, is authorizod to socute specimens of paint,

plaster, or structural materials, and to analyze or cause an analysis to be made of the specimen8 to deternine the qJantrty of lead Or lead in its compounds contained ; n the   ...

boiled OPlu: nal I wterfa1. The agent may, instead of securing ' specrmens,

test a surface with an in situ._ analyzer deqiice. In knsta~.: es % here suspected lead poisoninq has been rapcrrrd and ': er: fied, the Yayor Dr his desigEatPd a;. ent may '~ a: ze the inspection of any exterior surface, beyond those surfaces specrfica1: y xentioned in sect13n :: cl2, ard arler zorrectians af my exterior surface z: r. i: z: 27. f;..: nd hazarc! Dus Jnder sectron 2595.3, pr= lv: ded :? a: there LS a reasonable probability that the exter': or surface c=. adit: cns an : ha property other thar. t5cse ape=: f:= a:: y xted in ssct: cn 1102 are related to the reported Lead poisoning.".

( d) Section 2605.3 is amended '. o re~. das fGllows:

' 2685,3 In any case in which analysis reveals the presence of Lead or lead in its compounds in a'quantity exceedanq 0 5 of f percent or more of the total xeight of : he : mtar taLs or 0.7 milligrams or more per square : an:~; meter ( 3.7 wg/ cmf) or in a quantizl ; t:? arwzse suf ic: ent to z3r, sh: tuze a 3azard fo :;? e :? eal: h sf an*/

...., ab. ,. c. I., ...: 3~ t sf : ke ros: den~ ial prern; ses IT~ E? C ::.. e ; f 3 to the res; ieE: iLl. F~ F?:( ears. ar : c7aLar . J: SL~ Q~ ':; e3 ir, cer the aqet of 8 years vi10 spends a substan&. r, l :_~:. t;; n 3f ::: s time thore, tho rgoncy shall notify rile ?* A ..  Of 3f ' hed  e.+

% partacnt 3f Rousinq ulci Community Sc.. reLc; ment, : p. , dr: t: r. q *: chin seventy tvu ( 72) hours, that a lead pcisoni: iq hazard ax. irrtu. The Dfroctot of tho Dopartmsnt of HOU8lng and fcaaaaunlty Dovefoptent & all notify, in writinq, the .? habitant8 and tho owner of reC6Kd sf the property that , sad In quantity mubbicfent to conatrtute a hazard vas 3 5 found and that a lead poisoning hazard ex; sts.".

suffizient to constitute a hazard to the k+ a: th of any resident of the residential premises ar a::( ~~ cjular ii; itor to the residential premises who spends a ;~; t, zantialportion . of his time in the residential premises. " fie Director of the'aepartment of Housing and Community De elopment shall arder the owner of the residential premises & n which a iead po~ sonrnqhazard was found to:

', a) ?.*? eve ai! materials CGIltdiRL;? q laid = e ; rad : a its r~~ oundsfrom the interior or evterl3..,:;: fazes: 3 their bas6 surface, , inder the safety csr. d: t :: KY app: a? red hy the 3n: ector df Housing and Community 2e*.* n: zerent, 3n. l '. hen either cover ' surfaces with a paint not ccr;: ai::: r. q :.? ad 3r lead : n its compounds in a quantity exceeding 0 5 Q  1 percent of the total uefght of the material 3r 3.7 mi 11 tgrams per square centimeter ( 0.7nng/ cx' ) of the material or leave the surfaces in their natural state pr~~: rled:!. at the f? a. ne spread rating ~ f ? he 3atur a; sta7e  1 is at least equal to # at required by the Second Amendment to the 1972 D. C. Building Code;

"( b) Cover the interior Or exter: or surfaces 2r: h a durable materlal approved by the DirectDr Tf the 3epartrnent of Housing and Community Development; or,

"( c) Eliminate the Lead hazard by a::? sr ~ e: i. zds apprz: ed by the Director of the Departmen: 2f ?.~.. s::. g + md Cc mczity Development.

' Inaccessible exterior surfaces must ?; e scraped to cemove~ pcel~ ngand fLaking paint and to Take tlhe surface , tigkt=

" 910 surfaee which is the subject of a notice pursuant to this section shall be refinished untll an. inspector from . I tho Cepartment e% Hausing and Community Deve* ebopmenthas certif~ 4din writing that the condition affec. trnq the sut% ace has been abated in aseardance v:?.!~ these . ~~ ec L a t 5 ons, ._

" Any gwner V~ O1s ser Jed with an ~ rder?~; rsuanz~ 3 :?: 3 sectisz ghall ccmp1. y wxth such an =? rdtr vrth: ln :$:* ': 2) i, ads of st3 service upon him oc shall obtain an exter, s: zn :   the tan ( 10) day period drop the Director of : he 3ecartnent of Housing and Coarunlty Development. No excecs13c s!. 3LL exce8d thirty ( 30) d8y8, but thirty ( 30) day extens: ons may be renav+ rt tha discretion of th8 Director of' the Bepartmont of Ibu8ing and Cormunity Development.".

( f) By adding a now saction 2605. to read ai follows:

* Z535a Right of Entry, Inspection', and Subpcena'

? =* ders & rolled Or: Ylnar "( a) Tho Mayor and any other duly authorized official of the District of Colunbia having jurisdiction over, or responsibilities pertaining to, any residential premises shall have the right, after presenting official credentials of identification and authority issued by the District of Columbia either with or without prior notice, to enter upon and into any residential premises in vhich ( a) one ( 1) or more children under the age of 8 years reside and thore is chipped, peeling, or flaking paint, or other. materials on ono ( 1) or more surfaces which are reasonably accessible to children under the age of 8 years, or ( b) a medical evaluation completed within the sixty ( 60) day period preceding an inspection ha8 revealed the presence of lead  1 toxicity in any'occupant or regular visitor to the premises who spend8 a substantial portion of his time there, in order to determine compliance with the provisions of these regulations. The entry and inspection shalleake place with the least possible disruption to the occupants.

"( b) The right of entry and inspection shall be c. extended to any residential premises which the Mayor has reason to klieve are in violation of the provisions of those regulatlon~. No entry or inspection of any ro8identiil pr. rfSOe . hll be a8de without the permission of tho occupant Or thm pralsoa UhS8 a warrant is obtained first from the SUpOSlOr Court of tho Df8trict of Columbia pursuant to tho Dlmtrict of Colurbia Coda, soction 11 941,

authorizxng tho entry and inspection for the purposo of determining compliance with ptovi8ionr of these regulations. 14 DCMR Section 707.3 et seq.

There are regulations contained in the District s Housing Code, at Title 14 of the District ofColumbia Municipal Regulation ( DCMR), enacted by the Council, which apply lead hazard prevention controls to owners of residential premises, as defined, in which a child under the age of eight years resides, or is a regular visitor who spends a substantial portion of his or her time on the premises. Title 14 C

R 7 HOUSING CODE CONSTRUCTION, MAINTENANCE,

sets. 700 701 702 703 704 705 706 707 708 799 700 700.1 700.2 701 701.1 701.2 701.3 AND REPAIRS 1.

GENERALPROVISIONS The purpose of this subtitle is to require repairs and maintenance designed to de a prek or neighborhood healthy and safe. Theserequirements are in addition to the basic repairs and maintenance needed to keep out the elements.

Each premises accommodating one ( 1) or more habitation shall be maintained and kept in repair to provide decent living accommodations for the occupants.

Structureslocated on a premises, inciuding, but not limited to, accessory structures ( suck aswalls, garages, fences, and sheds) shall be maintained in a sanitary and structurally sound' condition and in good repair. .