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Work Practice Standards
Accreditation/Training
Certification
Compliance & Enforcement
Work Practice Standards
Miscellaneous
Is there a conflict between OAC 252:110-7-1(d) and OAC 252:110-11-2(2) regarding whether or not a LBP contractor must perform LBP services according to applicable standards?
No. OAC 252:110-7-1(d) states that the Ch. 110 rules set LBP performance standards, and OAC 252:110-11-2(2) maintains that an applicant for certification will verify by affidavit that he or she will perform LBP services in accordance with these standards.
When and under what conditions will a LBP Project Designer be required?
Upon a review of the EPA and HUD requirements, we find that there is not a simple answer to this question. In previous draft rules, HUD and EPA recommended that those abatement projects above a certain "threshold size" of 10 units require a Project Designer. However, no recommendations of size were included in the final HUD/EPA requirements. The EPA now simply states that a project designer must be used in "large scale projects" as determined by the property owner (See 40 CFR Part 745.225(d)(4)). DEQ has posed this question to EPA’s Region VI for interpretation and/or guidance on how the federal program will address this issue.
Will an abatement notification form be required in advance for small, short-term projects?
Yes. Abatement notification forms are required at least five business days prior to commencement of abatement activities as established in OAC 252:110-5-1(4). Business day is defines as Monday through Friday with the exception of State holidays. Please be advised that unless an alternative agreement is negotiated, the five business day window is a requirement.
Note: The previous rule required 10 days advance notice. The notice requirement changed to 5 business days effective June 1, 2005.
Has DEQ considered taking steps to actually require inspections/risk assessments?
DEQ is granted our authorities and limitations by the Oklahoma State legislature. Historically, the legislators have not placed requirements or regulations on Oklahomans, in excess of similar federal programs, unless a need was clearly demonstrated. Currently there are no provisions enabling the DEQ to require the performance of any LBP service.
In the same sense a risk assessor can perform the same duties as an inspector, can a supervisor perform the same duties as an abatement worker?
Yes. A supervisor can perform the duties of an abatement worker. However, an abatement worker cannot oversee or supervise himself on a project. An individual certified as a supervisor can oversee himself on a project.
What is the difference between Lead-based Paint (LBP) abatement and renovation?
A lead paint abatement typically begins when a certified LBP contractor enters into a contract with a property owner for LBP abatement or the permanent elimination of LBP hazards in housing built before 1978 or child-occupied facilities. LBP abatement usually includes the following activities:
· The removal of lead-based paint and lead-contaminated dust
· The permanent enclosure or encapsulation of lead-based paint
· The replacement of lead-painted surfaces or fixtures
· The removal or covering of lead-contaminated soil, and
· All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
Many renovations do not have to be performed by certified LBP contractors. Renovations may include many of the steps and materials used for abatement. However, a renovation may not serve the same purposes for a property owner. Abatement is necessary when a property owner needs documentation that a property has been made “Lead Safe”. A certified LBP contractor can provide such documentation after the contractor has completed the abatement and received the results of clearance testing from a certified LBP inspector or risk assessor. A property owner may need documentation that a property is “Lead Safe” to comply with federal grants, such as those provided by the U.S. Department of Housing and Urban Development (HUD). Please contact the HUD, Office of Lead Hazard Control at (202) 755-1785 for more information on LBP management for federal grant requirements. To receive more information about renovating a home safely, lead-based paint abatement, or to receive a list of contractors who are certified to perform LBP abatement in Oklahoma, please call the Oklahoma Department of Environmental Quality, LBP Program at (405) 702-4100.
Did the final TSCA section 403 rule (“403 rule”) “Identification of Dangerous Levels of Lead” published 01/05/01 change the meaning of the definition of “abatement”?
No. Prior to the publication of the final 403 rule, the language of paragraph (1) of the abatement definition read:
(1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; . . .
The final 403 rule changed the language of the example in paragraph (1) but not the meaning of abatement. The reference to “lead-contaminated soil” and “lead-contaminated dust” were deleted, because they have no direct effect on any activities subject to regulation under Title X of TSCA (66 FR at 1213, 01/05/01). Because those terms were deleted, EPA added the reference to the presence of lead-based paint hazards to clarify that abatement does not include removal of paint, dust, and soil unless lead-based paint hazards are present in those media (66 FR at 1211).
What is the relationship of the various paragraphs under the abatement definition at §745.223?
The initial paragraph, which is not numbered, provides the basic definition of abatement – intent to permanently eliminate lead-based paint hazards.
Persons attempting to determine if an activity is abatement should consider both the basic definition in the initial paragraph of §745.223 and the examples and exclusions in paragraphs (1)-(4). Although paragraphs (1)-(4) provide examples of what is or is not abatement, they do not provide an exhaustive list and they should not be treated as alternatives to the basic definition of “abatement” contained in the initial paragraph of §745.223. Accordingly, even if an activity is not expressly included or excluded in paragraphs (1)-(4), it would still be considered abatement if it meets the test of the basic definition in the initial paragraph (i.e., a measure or set of measures designed to permanently eliminate lead-based paint hazards). Conversely, if an activity is included in paragraphs (1)-(4) but is not designed to permanently eliminate lead-based paint hazards, the activity is not abatement.
Immediately following the completion of renovation activities, a company conducts a clearance examination which reveals dust levels above the clearance standard. Is removal of dust to address the failure of this clearance examination considered abatement?
No. The removal of dust to address the failure of the clearance examination would be considered part of cleanup from the renovation. Routine cleanup of renovation-related dust is not abatement, even if the dust is known to be above the dust lead hazard standard. EPA has lead safe information available for homeowner and maintenance people. Check EPA’s lead home page at http:www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD. Although the use of trained, certified professionals is not required, those persons who wish to have a thorough cleanup of renovation-related dust that constitutes a lead hazard should consider hiring trained and certified professionals.
According to HUD’s LBP regulation (see 24 CFR Part 35, published 9/15/1999), certified LBP inspectors and/or risk assessors are required to perform paint testing and clearance examination. Are these new LBP services reportable under OAC 252:110-13-4?
Yes. If a federal, state, or local rule requires LBP services to be performed by a certified LBP professional, then those LBP services should be reported to DEQ.
What are the requirements to do renovation, remodeling or maintenance on any federally owned or assisted residence?
Many of HUD’s programs now require individuals performing these types of activities to have some training to work safely with LBP (see 24 CFR Part 35, published 9/15/1999). Individuals may take one of HUD’s one-day lead safe work practices courses to comply with HUD’s rule. Individuals may also meet HUD’s lead safe work practice requirements if they take accredited LBP Supervisor or LBP Abatement Worker training. It is not necessary to become certified in these disciplines, but certification may be beneficial.
If a certified LBP supervisor or abatement worker performs renovation or interim controls in federally assisted housing, are those activities reportable to DEQ under OAC 252:110-13-4?
Any DEQ certified LBP professional may report interim controls or renovations where LBP or LBP hazards are suspect. If they choose to do so, they should check the “other” box in the LBP activity column on the quarterly report form. Space is provided next to that box for a one-word description of the LBP service.
What is on-going monitoring?
On-going monitoring consists of visual surveys conducted by property owners (or manager) and re-evaluations by risk assessors. On-going monitoring schedules will vary according to the level of Lead hazards identified in the dwelling and Lead hazard controls performed. The HUD Guidelines, Chapter 6, contains information and a table to assist LBP professionals in selecting on-going monitoring schedules and performing re-evaluation.
When is on-going monitoring required?
According to 40 CFR 745.227, Risk Assessors must include on-going monitoring schedules in risk assessment reports when they recommend encapsulant or enclosures as LBP abatement methods. LBP Supervisors must include on-going monitoring schedules in post LBP abatement reports when encapsulant or enclosures have been used as LBP abatement methods.
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