Lead hazard investigator and lead inspector: increase from $275 to $300
Lead project designer and lead risk assessor: increase from $325 to $350
Lead sampling technician and lead-safe renovator: increase from $50 to $75A fee increase is proposed for company certifications of $50, from $75 to $125 for a 2-year certification. A fee increase is proposed for the state lead examination from $50 to $75. In addition, training providers are currently the only regulated entity not also required to be a certified lead company. The program proposes adding the requirement for a training provider to also be a certified lead company.
12. Major sections of Ch. DHS 163 have not been substantially revised since 2002 or before. The Department proposes to update, correct, clarify and simplify or eliminate any outdated provisions in order to reflect current definitions, standards and best practices. There are no reasonable alternatives to the proposed rulemaking. The Department is required by Wis. Stats. § 254.15 (1), to develop and implement certification, training accreditation, and instructor approval requirements for lead-based paint activities. Summary of, and comparison with, existing or proposed federal regulations
40 CFR §§ 745.80 to 745.91, Subpart E, relating to residential property renovation establishes requirements for performing renovation activities in residential dwellings and child-occupied facilities, including provision of pre-renovation information to owners and occupants; training of renovators and dust sampling technicians; certification of renovators, dust sampling technicians and renovation firms; lead-safe work practices for renovation; and reports and recordkeeping.
40 CFR § 745.225 to 745.239, Subpart L, relating to lead-based paint activities establishes requirements for training course accreditations and individual and firm certifications in the lead-safe renovator, lead abatement worker, lead abatement supervisor, lead project designer, lead sampling technician, lead inspector, and lead risk assessor disciplines. This subpart provides requirements for course accreditation, including course curriculum contents, course application process, instructor approval, and responsibilities of accredited courses including course notification and recordkeeping. This subpart establishes the requirements for certification of individuals and firms engaged in lead-based paint activities, including required training courses, education and experience, and certification examinations. Subpart L also establishes the work practice standards for conducting lead-based paint activities, including lead abatement, lead inspection, lead risk assessment and lead clearance activities. The Department’s rules under ch. DHS 163 are consistent with the EPA requirements under 40 CFR §§ 745.80 to 745.91 and 745.225 to 745.239, and meet the requirements for EPA authorization under 40 CFR §§ 745.320 to 339, Subpart Q, for Wisconsin to implement and enforce its regulations for accreditation, certification and work practices for residential property renovations and lead-based paint activities in lieu of the EPA enforcing federal regulations in Wisconsin. Comparison with rules in adjacent states*
Illinois:
The Illinois certification program that certifies individuals and companies to conduct lead abatement and lead investigation activities is similar to Wisconsin DHS 163 except that Illinois does not administer the lead-safe renovation program. Illinois administers a lead training course accreditation program for all lead courses except the lead renovation course. The Illinois lead abatement certification program is EPA-authorized as is Wisconsin’s program. Illinois work practice requirements for lead abatement, inspection, risk assessment and clearance activities are similar to those in DHS 163. Illinois incorporates in rule multiple federal regulations and guidance documents while DHS 163 references these federal regulations and guidance documents without incorporation.
Illinois Administrative Code, Title 77: Public Health, Chapter 1: Department of Public Health, Subchapter p: Hazardous and poisonous Substances, Part 845: Lead Poisoning Prevention Code. DPH 77 Ill. Adm. Code 845 last revised November 2008. Iowa:
Like Wisconsin, Iowa is EPA-authorized to administer a full lead certification program, certifying individuals and companies to conduct lead abatement, lead-safe renovation and lead investigation activities. They also, like Wisconsin, administer a comprehensive lead training course accreditation program. Their overall program is generally similar to Wisconsin’s except that the Iowa work practice requirements are written more comprehensively, providing more of the specific requirements found in federal regulations and guidance documents, whereas, DHS 163 provides general work practice requirements, and references the documented methodologies found in federal guidance that a person must follow to remain in compliance.
Iowa Administrative Code 641, Chapter 69. Renovation, Remodeling, and Repainting— Lead Hazard Notification Process, last revised January 2010; and Chapter 70, Lead-Based Paint Activities, last revised July 2017. Michigan:
Michigan’s certification program for individuals and companies to conduct lead abatement and investigation activities is similar to Wisconsin DHS 163 except that Michigan administers only the pre-renovation education part of the lead-safe renovation program. Michigan does not administer the certification, accreditation, and work practice parts of the lead-safe renovation program. Michigan is EPA-authorized to administer its lead program. Michigan accredits lead training courses for all lead courses except the lead renovation course. Michigan work practice requirements for lead abatement, inspection, risk assessment and clearance activities are more comprehensively written, including specific work practice language in regulation that DHS 163 covers with general language and reference to the required use of the identified documented methodologies.
Public Health Code, Act 368 of 1978, Part 54A, 333.5451-333.5477. The Lead Abatement Act Administrative rules: Lead Hazard Control, R325.99101-R325.99409. Last revised September 2007.
Minnesota:
Minnesota’s lead certification program is EPA-authorized and certifies individuals and companies to conduct lead abatement and lead investigation activities. They are not EPA-authorized for, and do not administer, the full lead-safe renovation program at the state level, but do require renovation companies to be certified as renovation firms. Minnesota administers lead training course accreditation for all lead courses including the lead-safe renovation course. The Minnesota lead certification program is similar to Wisconsin’s program except they do not certify lead-safe renovators. Minnesota work practice requirements are similar to DHS 163.
2018 Minn. Statute Chapter 144, 144.9501 – 144.9512, The Lead Poisoning Prevention Act, last revised July 1, 2016; Minn. Statute 144.99 Enforcement, Subd. 4. Administrative penalty orders; and, Administrative Rules, Chapter 4761. Last revised in 2013. *Fees and civil penalty comparisons with these neighboring states are provided on the attached tables.
Summary of factual data and analytical methodologies
A technical advisory committee was convened to review all content and proposed changes. The committee met on October 3, 2018 and October 23, 2018 and included representatives from local public health and housing agencies, certified lead professionals, child care providers and regulators, a Milwaukee resident who also works for the nonprofit Milwaukee Social Development Commission on lead issues, and a physician with the Division of Public Health. Minor revisions were made at the request of committee members and all final proposed changes were unanimously accepted by the committee.
The Department did not rely on data or analytical methodologies to draft the proposed rule, but was guided by recent statutory revisions requiring subsequent revisions to the administrative rule, by issues and concerns raised by stakeholders that are required to comply with the rules, by the program’s 30 years of experience administering the rules, and by revisions that were made to federal guidance documents such as the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012 Edition) and HUD Policy Guidance Number 2017-01, Revised Dust-Lead Action Levels for Risk Assessment and Clearance, among other documents. The revisions to federal guidelines and policies were made based on data analyses of dust-lead hazard and effective work practice studies some of which are cited below:
Gaitens JM, Dixon SL, Jacobs DE, Nagaraja J, Strauss W, Wilson JW, et al. Exposure of U.S. children to residential dust lead, 1999–2004: I. Housing and demographic factors. Environmental Health Perspectives 117:461–467, 2009, https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC2661918/pdf/ehp-117-461.pdf.
US Department of Health and Human Services (US DHHS). Monograph: Health effects of low-level lead. 2012. US DHHS, National Toxicology Program. http://ntp.niehs.nih.gov/ntp/ohat/lead/ final/monographhealtheffectslowlevellead_newissn_508.pdf.
Low Level Lead Exposure Harms Children: A Renewed Call for Primary Prevention, Report of the Advisory Committee on Childhood Lead Poisoning Prevention of the Centers for Disease Control and Prevention, January 4, 2012, https://www.cdc.gov/nceh/lead/acclpp/final_document _030712.pdf, also, see CDC Response to Advisory Committee on Childhood Lead Poisoning Prevention Recommendations in “Low Level Lead Exposure Harms Children: A Renewed Call of Primary Prevention”, June 7, 2012, https://www.cdc.gov/nceh/lead/acclpp/cdc_response_lead_ exposure_recs.pdf. Analysis and supporting documents used to determine effect on small business
Please see economic impact analysis.
Effect on small business
Please see economic impact analysis.
Agency contact person
Miriam Hasan
1 West Wilson Street
Madison, WI 53703
608-867-4693
Statement on quality of agency data
The data sources referenced and used to draft the rules and analyses are accurate, reliable, and objective and are discussed in the “Summary of factual data and analytical methodologies.”
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the Department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active.
RULE TEXT
Section 1. DHS 163.02 (2) (Note) is amended to read:
DHS 163.02 (2) (Note) Submit your request for approval of an alternative to a requirement by mail to the Asbestos and Lead and Asbestos Section, Room 137, 1 W. Wilson St.Street, P.O. Box 2659, Room 137, Madison, WI 53701-2659;53703-3445, e-mail dhsasbestoslead@wisconsin.gov; or fax 608 266-9711or by email to dhsasbestoslead@wi.gov.Section 2. DHS 163.03 (13) (d) is created to read:
DHS 163.03 (13) (d) A structure that is being converted to a child-occupied facility.
Section 3. DHS 163.03 (18) (Note), (29) (Note), (35) and (41) are amended to read:
DHS 163.03 (18) (Note): Containment is more than simply laying plastic on the floor. For interior work that creates large amounts of dust, appropriate containment would include hanging vertical plastic sheeting to create a temporary wall barrier between the work area and the rest of the house, with an airlock entryway. For additional information on appropriate containment, refer to Appendix H of this chapter, Chapter 8, Resident Protection and Worksite Preparation, of HUD’s the current edition of the HUD “Guidelines for the Evaluation and Control for of Lead-Based Paint Hazards in Housing,” available at http://hud.gov/program_offices/healthy_homes/lbp/hudguidelines.
DHS 163.03 (29) (Note): Examples of documented methodologies include the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control for of Lead-Based Paint Hazards in Housing (current edition); the EPA Guidance on Residential Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); Wisconsin Childhood Lead Poisoning Prevention and Control Handbook; regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. For non-abatement lead-based paint activities, additional documented methodologies include: HUD's Lead Paint Safety, A Field Guide for Painting, Home Maintenance, and Renovation Work; EPA's Renovate Right pamphlet and Small Entity Compliance Guide to Renovate Right: EPA's Lead-Based Paint Renovation, Repair and Painting Program. Federal documents may be downloaded from the HUD website at www.hud.gov/offices/lead http://hud.gov/lead or from the EPA website at www.epa.gov/lead http://epa.gov/lead.
DHS 163.03 (35) “Dust sample" means a sample of dust collected using a documented methodology, such as a dust wipe sample or vacuum sampling.
DHS 163.03 (41) “Employee" means an individual who an employer can require or direct to engage in any employment, or to go to work or to be at any time in any place of employment, except that an employee does not include an individual whose sole relationship with the employer is contractual and limited to performing periodic services for which the individual, not the employer, controls the means and method of performing the services and the individual meets the criteria under s. 108.02 (12) (b) 1. and 2. has the meaning given in s. 101.01 (3), Stats. Section 4. DHS 163.03 (41) (Note) is repealed.
Section 5. DHS 163.03 (61) is amended to read:
DHS 163.03 (61) “Lead-based paint" or "lead-bearing paint" means paint or any other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint or, more than 0.5% lead by weight in the dried film of applied paint, or more than 0.7 milligrams 1 milligram of lead per square centimeter in the dried film of applied paint.
Section 6. DHS 163.03 (61) (Note) is repealed.
Section 7. DHS 163.03 (63), (66), (74), and (76) are amended to read:
DHS 163.03 (63) “Lead-based paint hazard" means any condition that causes exposure to lead from dust-lead, soil-lead, deteriorated lead-based paint that is not proven to be lead-free, or lead-based paint that is present on friction surfaces, impact surfaces, or surfaces that are chewed or mouthed, as observed or evidenced by teeth marks and would result in adverse human health effects.
DHS 163.03 (66) "Lead company" means a company, partnership, corporation, sole proprietorship, association, governmental agency or other entity that performs, supervises, advertises, claims to provide or offers to perform or supervise a lead renovation activity, lead hazard reduction activity or, lead investigation activity, or lead training activity.
DHS 163.03 (74) "Lead inspection" means the on-site, surface-by-surface investigation sampling or testing of painted, varnished or other coated surfaces all testing combinations to determine the presence of lead lead-based paint.
DHS 163.03 (76) “Lead investigation activity" means any activity that determines whether lead-based paint or lead hazards are present. Lead investigation activities include clearance, dust-wipe sampling, elevated blood lead investigation, lead-free inspection, lead inspection, lead hazard screen, lead-safe investigation, paint chip sampling, partial lead inspection, risk assessment, and, soil sampling, and XRF testing activities.
Section 8. DHS 163.03 (82) is repealed.
Section 9. DHS 163.03 (88r) and (91m) are created to read:
DHS 163.03 (88r) “Partial lead inspection” means an on-site sampling or testing of one or more, but not all, testing combinations in any target housing or child-occupied facility to determine the presence of lead-based paint.
