DAR File No. 28131

Environmental Quality, Air Quality

R307-840

Lead-Based Paint Accreditation, Certification and Work Practice Standards

NOTICE OF PROPOSED RULE

DAR File No.: 28131
Filed: 08/05/2005, 04:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rulemaking is to incorporate by reference an addition and a modification to 40 CFR Part 745 into Rule R307-840. The rule addition to be incorporated allows the Division of Air Quality Lead-Based Paint Program primacy over administration of the federal Lead-Based Paint Pre-Renovation Education Rule in Utah. The modification provides additional procedural guidance to lead-based paint abatement contractors and lead-based paint training providers on notifying the Division of regulated lead-based paint activities performed in Utah.

Summary of the rule or change:

The Air Quality Board is proposing to incorporate by reference an addition and a modification to 40 CFR Part 745 into Rule R307-840. The rule addition to be incorporated is 40 CFR Part 745, Subpart E, "Lead; Requirements for Hazard Education Before Renovation of Target Housing" which was originally published in the Federal Register on June 1, 1998 (63 FR 29907). This provision is already federally enforceable; the effect of this rule change is to allow enforcement of these standards by the state of Utah. The rule modification proposed for adoption is 40 CFR Part 745, Subpart L, "Lead; Notification Requirements for Lead-Based Paint Abatement Activities and Training" which was originally published in the Federal Register on April 8, 2004 (68 FR 18489). This modification provides additional procedural guidance to lead-based paint abatement contractors and lead-based paint training providers on notifying the Division of regulated lead-based paint activities performed in Utah.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a)

40 CFR Part 745, Subpart E, "Lead; Requirements for Hazard Education Before Renovation of Target Housing;" and 40 CFR Part 745, Subpart L, "Lead; Notification Requirements for Lead-Based Paint Abatement Activities and Training"

Anticipated cost or savings to:

the state budget:

The Division of Air Quality Lead-Based Paint Program will receive additional grant funding from EPA that will cover 100% of the cost of administering the Lead-Based Paint Pre-Renovation Education Rule outlined in 40 CFR Part 745, Subpart E. The proposed modification related to 40 CFR Part 745, Subpart L is a clarification of established procedures. Because no additional requirements are being proposed, there are no anticipated costs to the state budget.

local governments:

40 CFR Part 745, Subpart E was originally published in the Federal Register on June 1, 1998 (63 FR 29907). This provision is already federally enforceable; the effect of this rule change is to allow enforcement of these standards by the state of Utah. The proposed modification to 40 CFR Part 745, Subpart L is a clarification of established procedures, and no additional requirements are proposed. Therefore, there are no anticipated costs to local governments.

other persons:

40 CFR Part 745, Subpart E was originally published in the Federal Register on June 1, 1998 (63 FR 29907). This provision is already federally enforceable; the effect of this rule change is to allow enforcement of these standards by the state of Utah. The proposed modification to 40 CFR Part 745, Subpart L is a clarification of established procedures, and no additional requirements are proposed. Therefore, there are no anticipated costs to other persons.

Compliance costs for affected persons:

40 CFR Part 745, Subpart E was originally published in the Federal Register on June 1, 1998 (63 FR 29907). This provision is already federally enforceable; the effect of this rule change is to allow enforcement of these standards by the state of Utah. The proposed modification to 40 CFR Part 745, Subpart L is a clarification of established procedures, and no additional requirements are proposed. Therefore, there are no anticipated costs to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

Because businesses are already subject to regulations in 40 CFR Part 745, Subpart E, which is being proposed for incorporation by reference in Rule R307-840, no additional fiscal impact is anticipated. In addition, the proposed modification to Rule R307-840 helps clarify existing procedures. Therefore, no anticipated fiscal impacts are expected for businesses. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at MCARLILE@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2005

Interested persons may attend a public hearing regarding this rule:

9/21/2005 at 2:00 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

11/03/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-840. Lead-Based Paint Accreditation, Certification and Work Practice Standards.

R307-840-2. Definitions.

(1) Definitions found in 40 CFR 745.63, 40 CFR 745.83, and 40 CFR 745.223, in effect as of July 1, 2005[April 10, 2003], are hereby adopted and incorporated by reference, with the substitutions found in (2) below and the modifications found in (3) below.

(2) Substitutions.[Substitute "Executive Secretary" for all references to "EPA," except in the definition of "Recognized laboratory" found in 40 CFR 745.223.]

(a) Substitute "the Executive Secretary" for all references to "EPA" except in the definition of "Pamphlet" found in 40 CFR 745.83 and in the definition of "Recognized laboratory" found in 40 CFR 745.223.

(b) Substitute "the Executive Secretary" for all references to "Administrator".

(3) Modifications.[ Delete the definition of "Lead-based paint hazard" found in 40 CFR 745.223.]

(a) Delete the definition of "Administrator" found in 40 CFR 745.83.

(b) Modify the definition of "Pamphlet" found in Sec. 745.83 by deleting ", or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose".

(c) Delete the definition of "Lead-based paint hazard" found in 40 CFR 745.223.

(d) Modify the definition of "Business day" found in Sec. 745.223 by including "and State of Utah" before "holidays".

R307-840-3. Accreditation, Certification and Work Standards: Target Housing and Child-Occupied Facilities.

(1) The following requirements, in effect as of [April 10, 2003]July 1, 2005, are adopted and incorporated by reference, with the substitutions found in (2) below and the modifications found in (3) below:

(a) 40 CFR 745.61, 745.65,745.80, 745.81, 745.82, 745.85, 745.86, 745.88,745.225(a) through (g) and (i), 745.226 (a) through (h), 745.227, and 745.233.

(2) Substitutions.

(a) Substitute "the Executive Secretary" for all references to "EPA" with the following exceptions:

(i) Sec. 745.65(d).

(ii) Sec. 745.86(b)(1).

[(ii)](iii) Sec. 745.225(b)(1)(iii), Sec. 745.225(b)(1)(iv), Sec. 745.225(c)(2)(ii), Sec. 745.225(c)(10), Sec. 745.225(e)(5)(iii), and Sec. 745.225(e)(5)(iv).

[(iii)](iv) The last reference to EPA in Sec. 745.226[](a)(1)(ii) and the second reference to EPA in Sec. 745.226(d)(1).

[(iv)](v) The first three references to EPA in Sec. 745.227(a)(3), and the reference to EPA in Sec. 745.227(a)(4),[ the second reference to EPA in Sec. 745.227(e)(4),] Sec. 745.227(e)(4)(vi)(D), Sec. 745.227(e)(4)(vi)(I), and Sec. 745.227(f)(2).

[(v)](b) Substitute "the Executive Secretary or the Executive Secretary's authorized representative" for references to "EPA" in Sec. 745.225(c)(12), Sec. 745.225(f)(4), and Sec. 745.225(i)(1).[

(b) Substitute "the current Department of Environmental Quality Fee Schedule" for all references to "Sec. 745.238."]

(c) Substitute "the Executive Secretary" for all references to "Administrator".

(d) Substitute "R307-840" for "either Federal regulations at Sec. 745.226 or a State or Tribal certification program authorized pursuant to Sec. 745.324" in Sec. 745.82(b)(3).

(e) Substitute "R307-840" for "either Federal regulations at Sec. 745.226 or an EPA-authorized State or Tribal certification program" in Sec. 745.86(b)(1).

(f) Substitute "Sec. 745.82(b)(3)" for "Sec. 745.82(b)(iv)" in 40 CFR 745.86(b)(1).

(g) Substitute sample certification language found in Sec. 745.88(b)(2)(ii) with that found in Sec. 745.88(b)(2)(i).

(h) Substitute sample certification language found in Sec. 745.88(b)(2)(i) with that found in Sec. 745.88(b)(2)(ii).

(i) Substitute "the current Department of Environmental Quality Fee Schedule" for references to "Sec. 745.238" in Sec. 745.225(b)(4), Sec. 745.225(f)(3)(v), Sec. 745.226(a)(6), Sec. 745.226(e)(3), Sec. 745.226(f)(6), and Sec. 745.226(f)(7).

(j) Substitute "Utah Division of Air Quality electronic notification system" for "Agency's central data exchange (CDX)" in Sec. 745.225(c)(13)(vi), Sec. 745.225(c)(14)(iii), and Sec. 745.227(e)(4)(vii).

(k) Substitute "Notification Form" for "Schedule" in Sec. 745.225(c)(13)(vi).

(l) Substitute "Utah Division of Air Quality Lead-Based Paint Program web site" for "NLIC at 1-800-424-LEAD(5323), or on the Internet at http://www.epa.gov/lead" in Sec. 745.225(c)(13)(vi), Sec. 745.225(c)(14)(iii), and Sec. 745.227(e)(4)(vii).

(m) Substitute "Verification Form" for "Course Follow-up" in Sec. 745.225(c)(14)(iii).

(n) Substitute "Utah lead-based paint firm" for "EPA" in Sec. 745.227(e)(4)(vi)(D).

(o) Substitute "Utah lead-based paint individual" for "EPA" in Sec. 745.227(e)(4)(vi)(I).

(p) Substitute "Lead-Based Paint Abatement Project Notification" for "Notification of Lead-Based Paint Abatement Activities" in Sec. 745.227(e)(4)(vii).

[(c)](q) Substitute "Sec 745.6[3]5(b)" for "Sec 745.227(b)" in 40 CFR 745.227(h)(2)(i).

(3) Modifications.

(a) Change the date in Sec. 745.81 to October 1, 2005.

[(a)](b) Change the date in Sec. 745.226(a)(5), Sec. 745.226(d)(2), Sec. 745.226(f)(1), and Sec. 745.227(a)(1) to August 30, 1999.

[(b)](c) Modify Sec. 745.225(b)(1)(iii) by deleting[ the statement,] "or training materials approved by a State or Indian Tribe that has been authorized by EPA under subpart Q of this part,".

[(c)](d) Modify Sec. 745.225(b)(1)(iv) by deleting[ the statement,] "or training materials approved by an authorized State or Indian Tribe[.]".

[(d)](e) Modify Sec. 745.225(c)(2)(ii) by including [the statement, ]"Executive Secretary-accredited," before[ the statement] "EPA-accredited[.]".

(f) Modify Sec. 745.225(c)(13)(v)(B) and Sec. 745.225(c)(14)(ii)(A) by deleting "EPA accreditation number,".

(g) Modify Sec. 745.225(c)(14)(ii)(F) to include "Utah Division of Air Quality Lead-Based Paint Program training verification statement".

[(e)](h) Modify Sec. 745.225(e)(5)(iii) by deleting[ the statement,] "or training materials approved by a State or Indian Tribe that has been authorized by EPA under [subsection]Sec. 745.324 to develop its refresher training course materials,".

[(f)](i) Modify Sec. 745.225 (e)(5)(iv) by deleting[ the statement,] "or training materials approved by an authorized State or Indian Tribe[.]".

[(g)](j) Modify Sec. 745.226 (a)(1)(ii) by including[ the statement,] "EPA or" after the word "from[.]".

[(h) Modify Sec. 745.227 (a)(3) by deleting the statement, "Regulations, guidance, methods, or protocols issued by States and Indian Tribes that have been authorized by EPA;".

(i)](k) Modify Sec. 745.226(f)(7) by deleting[ the statement] "every 3 years[.]".

(l) Modify Sec. 745.227 (a)(3) by deleting "Regulations, guidance, methods, or protocols issued by States and Indian Tribes that have been authorized by EPA;".

KEY: air pollution, paint, lead-based paint

[August 6, 2003]2005

Notice of Continuation May 5, 2003

19-2-104(1)(i)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at MCARLILE@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.