Mr.
Theodore
J.
Gordon,
Deputy
Director
DEC
0
7
1998
Department
of
Health,
Environmental
Health
Administration
Lead­
Based
Paint
Abatement
Program
800
9th
Street,
S.
W.,
3rd
Floor
Washington,
D.
C.
20024­
2493
RE:
Comments
on
the
District
of
Columbia
(
DC)
Final
Authorization
Application
Dear
Mr.
Gordon:

The
Environmental
Protection
Agency
(
EPA)
Review
Team
has
reviewed
the
District
of
Columbia's
TSCA
Section
402/
404
Lead­
Based
Paint
Training
and
Certification
Program
Authorization
Application
dated
August
17,
1998.
and
requests
clarification
on
some
areas
of
the
application.
Please
respond
to
the
following
comments
no
later
than
January
8,
1999.

General
Comments
1.
DC
must
submit
to
EPA
a
complete
revised
application
which
incorporates
the
changes
or
clarifications
that
have
been
made
since
the
original
was
submitted.

2.
Page
9
(
C)
­
Please
explain
where
the
post­
clearance
levels
are
defined
in
the
application.
If
you
are
applying
EPA's
clearance
standards,
are
you
planning
to
include
this
guidance
as
part
of
your
application?

3.
Page
12,
Staffing
­
Please
revise
the
information
in
the
first
paragraph.
Specifically
to
take
out
the
"
reprogramming
of
'
97"
and
"
carryover
funds"
issue.
believe
this
is
not
applicable
as
a
source
of
funds
anymore.

4.
Include
a
copy
of
the
DC
Code
56­
997.13
(
a)
as
part
of
the
appendices
for
this
application.

5.
Fiscal
Impact
Statement
­
Revise
the
paragraphs
under
Items
No.
2
and
3.
They
should
reflect
current
information
regarding
the
404(
g)
grant
(
see
comment
no.
3
above
for
reference).

6.
Please
indicate
if
DC
has
the
accreditation
forms
available
as
of
this
time.

Customer
Service
Hotline:
1­
800­
438­
2474
I
2
Proararn
Evaluation
Comments
7.
Explain
ifthe
Course
Certificates
can
be
reproduced?
Are
these
unique?
How
will
you
ensure
the
integrity
and
adequacy
of
the
certificates?
Please
provide
an
example.
Will
DC
use
any
type
of
bar
coding
on
its
certificates
and
licenses
for
certified
lead
workers
and
lead
professionals?

8.
Explain
how
D.
C.
will
be
training
their
enforcement
personnel.
How
will
they
be
continually
trained?

9.
Page
26,
Compliance
Assistance
­
Please
review
the
last
sentence
in
which
the
sentence
mentions
"
6
years
old
and
younger".
Explain
why
this
is
different
from
the
D.
C.
regulations
which
refer
to
children
of
8
years
old?

10.
Page
27,
Sampling
Techniques,
2nd
paragraph
­
Please
explain
what
you
mean
by
"
the
facility
ensures."
Which
facility
are
you
referring
to?
What
type
of
Laboratory
is
DC
using?
Where
will
DC
have
its
lead
samples
tested?
Give
specific
laboratory
and
its
address.

11.
According
to
Section
745.327(~)(
7),
how
will
DC
monitor
or
evaluate
the
applicable
disciplines
for
compliance?

12.
Section
745.327
(
c)(
3)
of
the
federal
regulations
requires
that
the
applicant
have
access
to
facilities
and
equipment
necessary
for
sampling
and
laboratory
analysis.
We
recommend
that
a
Quality
Assurance
Project
Plan
(
QAPP)
for
sampling
during
inspections
be
included
as
part
of
the
application.
The
QAPP
also
should
meet
requirements
for
Quality
Management
Plans
set
forth
in
EPA
Guidance.
This
is
only
an
option
under
Section
745.327(~)(
3)
and
not
a
requirement,
but
if
the
elements
of
a
QAPP
were
met,
as
set
forth
in
the
Draft
Guidance
distributed
to
DC
during
the
Regional
State
Lead
Program
last
April,
this
would
ensure
that
DC
is
technically
capable
of
conducting
a
lead­
based
paint
compliance
and
enforcement
program
and
put
to
rest
the
issue
of
what
is
required
to
meet
the
intent
of
this
portion
of
the
federal
regulations.
Otherwise,
documentation
is
needed
that
is
equivalent
to
a
QAPP.

13.
The
DC
feguiations
(
D.
C.
Law
11­
221,
Section
5)
exempt
owners
who
perform
their
own
lead­
based
paint
activities
(
abatements)
from
being
required
to
use
certified
contractors.
Explain
how
DC's
regulations
will
be
equally
"
as
protective
as"
the
federal
regulations
under
Section
404mof
TSCA.
2
?
etf
74%
t2­
220
3
Enforcement
Evaluation
Comments
14.
How
does
the
DC
process
work
to
get
a
warrant?

15.
How
does
DC
establish
penalties?

16.
As
part
of
the
Enforcement
Response
Policy,
define
what
is
a
civil
penalty
vs.
criminal
penalty?

17.
Civil
infractions
seem
to
be
real
low,
can
DC
change
this?
For
example,
one
area
that
could
be
better
developed
is
enforcement
responses
to
misrepresentation.
First
.
misrepresentation:
automatic
suspension,
an
a
fine.
Second
misrepresentation:
termination
of
license.

18.
Section
745.327(~)(
2)
of
the
federal
regulations
requires
that
the
applicant
provide
compliance
assistance.
Section
745.327(~)(
7)
of
the
federal
regulations
requires
that
the
applicant
must
demonstrate
that
it
can
implement
a
compliance
monitoring
program.
Provide
detailed
information
on
hdw
DC
plans
to
inform
the
public
and
regulated
community
so
that^
they
understand
the
program
(
Compliance
Assistance
Plan).
For
example:
DC
should
explain
how,
where,
when
and
who
it
will:
target
in
its
regulated
community,
conduct
workshops
or
seminars
to
provide
regulatory
and
technical
information
to
local
governments,
trade
groups
and
the
regulated
community,
prepare
informational
brochures
and
fact
sheets
and
disseminate
this
to
the
interested
public.
How
many
communities
will
DC
target?
How
many
outreaches?
When
and
where
will
these
outreaches
be
held?

Also,
if
a
certain
type
of
violation
recurs
throughout
the
state,
explain
whether
DC
will
take
certain
steps
to
inform
the
regulated
community
about
the
need
to
comply
with
that
particular
portion
of
the
law.
In
addition,
please
provide
information
on
technological
capabilities
to
ensure
compliance.
For
example
will
the
DC
lead
inspectors
have
the
capability
to
check
the
validity
of
licenses
and
certificates
while
on­
site?
(
e.
g­;
bar
coding
scanning.)

19.
Provide
detailed
information
on
how
DC
will
have
enough
resources'to
administer
its
compliance
and
enforcement
program.
Specifically,
demonstrate
how
the
program
is
running
right
now.
What
resources
is
DC
using
as
of
this
time?
Are
these
resources
sufficient
to
handle
the
program
in
the
future)?

20.
Are
inspections
conducted
only
in
response
to
complaints
of
alleged
violations?
How
many
lead
abatement
notifications
does
DC
project
will
be
received
in
1999,
..
,
.

4
2000,
2001
r
etc?
HOWmany
inspectors
will
be
utilized
to
perform
the
inspections?
How
many
inspections
are
projected
by
DC
for
1999,
2000,
2001
,
etc.
and
how
many
will
each
inspector
perform?
Does
DC
have
a
method
to
neutrally
select
sites
for
inspection?
DC
should
state
that
all
sections
of
DC
get
targeted
for
inspections,
if
that
is
the
case.

21.
Provide
more
information
on
how
DC
will
conduct
the
audits.
What
type
of
review
will
DC
be
doing?
Is
auditing
done
before
or
after
accrediting/
re­
accrediting?

22.
Could
you
explain
if
audit
laws
(
self­
disclosure/
immunity)
are
applicable
to
DC?
If
they
are
not
applicable
to
'
DC,
then
have
your
attorneys
or
counsel
state
that
such
audit
laws
do
not
exist
for
DC,
if
that
is
the
case.

In
summary,
Section
745.324(
b)(
3)
of
the
federal
regulations
requires
that
the
Program
Description
portion
of
a
state's
application
demonstrate
that
the
State
program
is
as
least
as
protective
as
the
Federal
program
and
that
the
applicant
fulfills
the
criteria
for
"
adequate
enforcement"
for
EPA
approval.
Subpart
L
of
the
Federal
regulations
is
the
baseline
against
which
an
applicant
for
authorization
must
compare
its
program
in
order
to
demonstrate
that
a
State
program
is
as
protective
as
the
Federal
program.
To
demonstrate
that
a
State
program
provides
adequate
enforcement,
the
Program
Description
and
Program
Analysis
must
contain
all
of
the
elements
specified
at
Section
745.327
of
the
federal
regulations.
DC's
Application
for
Authorization
should
be
revised
to
clarify
the
comments
listed
herein.

If
you
hav'e
any
questions,
please
feel
free
to
call
me
at
(
215)
814­
2067.

Sincerely,

Enid
A.
Gerena,
Project
Officer
Toxics
Programs
&
Enforcement
Branch
(
3WC33)

cc:
Shana
Arnold
(
EPA)
Richard
Brewster
(
DHEHA)
Paul
Cestone
(
EPA)
Mary
Coe
(
EPA)
Aquanetta
Dickens
(
EPA)
Dan
Gallo
(
EPA)
Sandra
Handon
(
DHEHA)
