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.
DHS 163.03 (91m) “Porch” means an unenclosed exterior structure at or near grade attached or adjacent to the exterior wall of any building, and having a roof and floor.
Section 10. DHS 163.03 (96) (Note) and (96m) are amended to read:
DHS 163.03 (96m) "Recognized test kit" means a commercially available kit recognized by the department EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 0.7 milligrams 1 milligram per square centimeter, or more than 0.06% 0.5% lead by weight as defined under s. DHS 163.03 (61), in a paint chip, paint powder, or painted surface. Section 11. DHS 163.03 (96m) (Note) and (97) are repealed.
Section 12. DHS 163.03 (102m) and (107m) are created to read:
DHS 163.03 (102m) “Room equivalent” means an identifiable part of a residence, such as a room, a house exterior, a foyer, a staircase within a housing unit, a hallway within a housing unit, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc.). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent.
DHS 163.03 (107m) “Testing combination” means a unique combination of room equivalent, building component type, and substrate.
Section 13. DHS 163.03 (108) and (109) are amended to read:
DHS 163.03 (108) "Training certificate diploma" means a document meeting the requirements of s. DHS 163.20 (9), issued by a training manager to an individual as evidence the individual has successfully completed the course specified in the document. DHS 163.03 (109) "Training hour" means 60 50 minutes of actual instruction, which shall include time devoted to learning activities, including lecture, small group activities, demonstrations, evaluations or hands-on activities.
Section 14. DHS 163.03 (113) is repealed.
Section 15. DHS 163.10 (1) (intro.), (1) (bm), and (d) 2. are amended to read:
DHS 163.10 (1) (intro.) Except as provided under par. pars. (d) and (e), an individual shall follow work practice requirements and meet all other responsibilities under this chapter and, except as provided under pars. (c), and, (d), and (e), shall also be certified by the department under this subchapter and shall be associated with a certified lead company or lead-safe company through ownership, employment or contract to do any of the following:
DHS 163.10 (1) (bm) Perform, supervise or offer to perform or supervise a renovation activity for compensation in target housing or a child-occupied facility on or after April 22, 2010.
