No. 33126 (Amendment): Section R392-600-6. Confirmation Sampling and Decontamination Standards

(Amendment)

DAR File No.: 33126
Filed: 11/02/2009 01:13:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Department of Health was charged by S.B. 209 (2008 General Session) to conduct and review current research and adjust the methamphetamine decontamination standard accordingly. The proposed 10 fold increase in the decontamination standard (from 0.1 mcg/100 cm2 to 1.0 mcg/100 cm2) comes after serious and critical evaluation of the research conducted by the Office of Environmental Health Hazards Assessment in California, and Colorado's Department of Public Health. Each agency independently found the proposed standard to be below the calculated threshold limit where health effects begin to occur. Thus, the public's health is still protected at the higher limit. (DAR NOTE: S.B. 209 (2008) is found at Chapter 38, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

Raising the methamphetamine decontamination standard from 0.1 mg/100c m2 to 1.0 mg/100 cm2 in Subsection R392-600-6(2). The proposed standard is based on several health studies conducted in collaboration with the National Jewish Medical Center examining the health effects of methamphetamine exposure in a home.

State statutory or constitutional authorization for this rule:

• Section 26-49-201

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the Utah Department of Health; rulemaking costs are absorbed by existing programs. There will be an initial cost increase to the Department of Environmental Quality to ensure corresponding rules and regulations are in accordance with changes made in Rule R392-600.

local governments:

Local health departments are anticipated to experience an overall savings as fewer properties will be required to be on the contaminated properties list and under local authority. The change will affect anywhere from 25-38% of properties that are now required to be decontaminated. Theoretically, workload and savings to the health departments would parallel these percentages. However, the change will likely raise questions among the general public, which will be answered by the local health departments. These anticipated increases in workload will likely be absorbed by existing programs. The cost in helping to assist with the rulemaking process has also been absorbed by existing programs.

small businesses:

Decontamination specialists: The proposed change will likely result in a decrease in business. Although there are 26 decontamination specialists that are certified and able to decontaminate, only 3 or 4 are actively decontaminating properties. The loss of business would be spread over these active decontamination specialists. For a 2,000 sq ft home, the average cost of decontamination is approximate $5,000. (NOTE: This is a rough estimate. Actual prices depend on many variables including amount of debris in home, level of contamination, number of rooms, square footage, materials in home, location of home, and others. Actual bids for this size of home have ranged from $3,000 - $13,500.) A sample of three local health departments (Bear River Health Department, Salt Lake Valley Health Department, and Utah County Health Department) indicates that approximately 410 tests have exceeded the standard over the past 3 years. Of those tests, 155 were at 1.0 or lower, which is about 38% of the tests. If this percentage is applied statewide, 38% of properties that are required to be decontaminated at the current standard, would not be required at the higher standard. Over 3 years, for the counties sampled, this would have resulted in an estimated aggregate business loss of $775,000. Realtors: Realtors are expected to have an increase in business because there will be fewer homes that will be placed on the contaminated properties list, thus increasing the number of properties available to sell and rent. Landlords: Landlords are anticipated to experience a cost savings because 38% fewer properties will need to be decontaminated. This savings will be spread out over the more than 50,000 rental units that are currently being managed by landlords throughout Utah.

persons other than small businesses, businesses, or local governmental entities:

Decontamination specialists: The proposed change will likely result in a decrease in business. Although there are 26 decontamination specialists that are certified and able to decontaminate, only 3 or 4 are actively decontaminating properties. The loss of business would be spread over these active decontamination specialists. For a 2,000 sq ft home, the average cost of decontamination is approximate $5,000. (NOTE: This is a rough estimate. Actual prices depend on many variables including amount of debris in home, level of contamination, number of rooms, square footage, materials in home, location of home, and others. Actual bids for this size of home have ranged from $3,000 - $13,500.) A sample of three local health departments (Bear River Health Department, Salt Lake Valley Health Department, and Utah County Health Department) indicates that approximately 410 tests have exceeded the standard over the past 3 years. Of those tests, 155 were at 1.0 or lower, which is about 38% of the tests. If this percentage is applied statewide, 38% of properties that are required to be decontaminated at the current standard, would not be required at the higher standard. Over 3 years, for the counties sampled, this would have resulted in an estimated aggregate business loss of $775,000. Realtors: Realtors are expected to have an increase in business because there will be fewer homes that will be placed on the contaminated properties list, thus increasing the number of properties available to sell and rent. Landlords: Landlords are anticipated to experience a cost savings because 38% fewer properties will need to be decontaminated. This savings will be spread out over the more than 50,000 rental units that are currently being managed by landlords throughout Utah.

Compliance costs for affected persons:

Homeowners: For a 2,000 sq ft home, the average cost of decontamination is approximate $5,000. (NOTE: This is a rough estimate. Actual prices depend on many variables including amount of debris in home, level of contamination, number of rooms, square footage, materials in home, location of home, and others. Actual bids for this size of home have ranged from $3,000 - $13,500.) A sample of three local health departments (Bear River Health Department, Salt Lake Valley Health Department, and Utah County Health Department) indicates that approximately 410 tests have exceeded the standard over the past 3 years. Of those tests, 155 were at 1.0 or lower, which is about 38% of the tests. If this percentage is applied statewide, 38% of homeowners who are required to clean their homes at the current standard, would not be required at the higher standard. Over 3 years, for the counties sampled, this would have resulted in an estimated aggregate savings of $775,000. An individual homeowner can be expected to save the costs of the decontamination process and confirmation sampling. Costs associated with any preliminary sampling will still remain. Because of the change in requirements for sampling, cost could either increase or decrease significantly. Discrete or composite sampling will be allowed. If the homeowner chooses to use discrete sampling, an additional $300 per room cost would be added to the sampling costs (4 discrete samples are required and cost an average of $100/sample). While using the 4-part composite sample might decrease initial sampling costs (only 1 test per room is required, averaging $100/sample), the test results combine all the sample locations, and cannot be divided by the number of areas sampled. Therefore, the combined test is more stringent than the discrete samples and may require additional decontamination activities. Depending on the contract used for decontamination, additional decontamination costs could be increased. However, with the simultaneous raising of the decontamination level, potentially few homes will need to have additional decontamination activities performed. The homeowner is encouraged to make an informed decision in their best interest regarding which sampling methodology should be performed.

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

This change should have a positive fiscal impact on property owners with contaminated property and still protect the public health.

David N. Sundwall, MD, Executive Director

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

Health
Epidemiology and Laboratory Services, Environmental Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Christina McNaughton at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

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:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-600. Illegal Drug Operations Decontamination Standards.

R392-600-6. Confirmation Sampling and Decontamination Standards.

(1) The decontamination specialist or owner of record shall take and test confirmation samples after decontamination to verify that concentrations are below the decontamination standards prior to the submittal of a final report. Samples are not required if a contaminated surface has been removed and replaced, unless there is evidence that the area has been re-contaminated. All decontaminated areas and materials, areas not highly suggestive of contamination, and surfaces that have not been removed shall be sampled for compliance with the standards in Table 1.

(2) If the decontamination standards are not achieved, the decontamination specialist or owner of record shall perform additional decontamination and re-sample to confirm the surface or area meets the decontamination standards specified in Table 1.

 

TABLE 1

COMPOUND            DECONTAMINATION STANDARD
Red Phosphorus      Removal of stained material or
                    cleaned as specified in this rule such
                    that there is no remaining visible
                    residue.
Iodine Crystals     Removal of stained material or
                    cleaned as specified in this rule such
                    that there is no remaining visible
                    residue.
Methamphetamine     Less than or equal to [0.1]1.0 microgram
                    Methamphetamine per 100 square
                    centimeters
Ephedrine           Less than or equal to 0.1 microgram
                    Ephedrine per 100 square centimeters
Pseudoephedrine     Less than or equal to 0.1 microgram
                    Pseudoephedrine per 100 square
                    centimeters
VOCs in Air         Less than or equal to 1 ppm
Corrosives          Surface pH between 6 and 8
Ecstasy             Less than or equal to 0.1 microgram
                    Ecstasy per 100 square centimeters

(3) The decontamination specialist or owner of record shall also conduct sampling and testing for all of the metals listed in Table 2 unless there is clear evidence that these metals were not used in the illegal drug operations. If Table 2 contaminants are present, the decontamination specialist or owner of record shall decontaminate the affected areas and sample until they meet the decontamination standards in Table 2.

 

TABLE 2

COMPOUND             DECONTAMINATION STANDARD
Lead                 Less than or equal to 4.3 micrograms Lead
                     per 100 square centimeters
Mercury              Less than or equal to 3.0 micrograms
                     Mercury per cubic meter of air

 

(4) Confirmation sampling procedures.

(a) All sample locations shall be photographed.

(b) All samples shall be obtained from areas representative of the materials or surfaces being tested. Samples shall be collected from materials or surfaces using wipe samples and shall be biased toward areas where contamination is suspected or confirmed or was known to be present prior to decontamination.

(c) All samples shall be obtained, preserved, and handled and maintained under chain-of-custody protocol in accordance with industry standards for the types of samples and analytical testing to be conducted.

(d) The individual conducting the sampling shall wear a new pair of gloves to obtain each sample.

(e) All reusable sampling equipment shall be decontaminated prior to sampling.

(f) All testing equipment shall be properly equipped and calibrated for the types of compounds to be analyzed.

(g) Cotton gauze, 3" x 3" 12-ply, in sterile packages, shall be used for all wipe sampling. The cotton gauze shall be wetted with analytical grade methanol for the wipe sampling. The cotton gauze shall be blotted or wiped at least five times in two perpendicular directions within each sampling area.

(h) After sampling, each wipe sample shall be placed in a new clean sample container and capped tightly. Recommended containers are 50-mL polypropylene disposable centrifuge tubes or 40-mL VOA glass vials. Plastic bags shall not be used. The sample container shall be properly labeled with at least the site or project identification number, date, time, and actual sample location. The sample container shall be refrigerated until delivered to an analytical laboratory.

(i) Each sample shall be analyzed for methamphetamine, ephedrine, pseudoephedrine, and ecstasy depending upon the type of illegal drug operations using NIOSH Manual of Analytical Method (NMAM) 9106 (or the proposed 9106 method if it is not yet approved) or equivalent method approved by the Utah Department of Health.

(5) Confirmation sampling from areas highly suggestive of contamination.

(a) Samples collected from areas highly suggestive of contamination shall be by grab samples that are not combined with other samples.

(b) Three 10 cm. x 10 cm. areas (100 square centimeters) shall be wipe sampled from each room of the property where illegal drug operations occurred, hazardous materials were stored and where staining or contamination are or were present. The three samples shall be obtained from a nonporous section of the floor, one wall, and the ceiling in each room or any other location where contamination is suspected.

(c) Three 10 cm. x 10 cm. areas (100 square centimeters) shall be wipe sampled from different areas of the ventilation system, unless the system serves more than one unit or structure. If the system serves more than one unit or structure, samples shall be collected from a representative distribution of the system as well as the corresponding areas that it serves until the contamination is delineated, decontaminated, and determined to be below the decontamination standards established in this rule.

(d) If there is a kitchen, three 10 cm. x 10 cm. areas (100 square centimeters) shall be wipe sampled from the surfaces most likely to be contaminated including the counter top, sink, or stove top, and from the floor in front of the stove top or any other location where contamination is suspected.

(e) If there is a bathroom, three 10 cm. x 10 cm. areas (100 square centimeters) shall be wipe sampled from the surfaces most likely to be contaminated including the counter top, sink, toilet, or the shower/bath tub and any other location where contamination is suspected.

(f) If there are any appliances, one 10 cm. x 10 cm. area (100 square centimeters) shall be wipe sampled from the exposed portion of each appliance. If multiple appliances are present, each wipe sample may be a composite of up to three 100 square centimeter areas on three separate appliances, provided that the surfaces most likely to be contaminated are tested.

(g) If there is any other enclosed space where illegal drug operations occurred, hazardous materials were stored, or where staining or contamination is present, three 10 cm. x 10 cm. areas (100 square centimeters) shall be wipe sampled from the surfaces most likely to be contaminated.

(h) Each wipe sample shall be placed in a new clean sample container and capped tightly. Recommended containers are 50-mL polypropylene disposable centrifuge tubes or 40-mL VOA glass vials. Plastic bags shall not be used.

(6) Confirmation sampling from areas not highly suggestive of contamination.

Samples shall be collected in a manner consistent with the confirmation sampling described in Section R392-600-6(5). The samples may be combined together to form one sample per room or sampling area.

(7) VOC sampling and testing procedures.

(a) A properly calibrated PID or FID capable of detecting VOCs shall be used for testing. The background concentration of VOCs shall be obtained by testing three exterior areas outside the areas highly suggestive of contamination and in areas with no known or suspected sources of VOCs. All VOC readings shall be recorded for each sample location.

(b) At least three locations in areas highly suggestive of contamination shall be tested for VOC readings. The testing equipment probe shall be held in the sample location for at least 30 seconds to obtain a reading.

(c) All accessible plumbing traps shall be tested for VOCs by holding the testing equipment probe in the plumbing pipe above the trap for at least 60 seconds.

(8) Testing procedures for corrosives.

(a) Surface pH measurements shall be made using deionized water and pH test strips with a visual indication for a pH between 6 and 8. The pH reading shall be recorded for each sample location.

(b) For horizontal surfaces, deionized water shall be applied to the surface and allowed to stand for at least three minutes. The pH test strip shall then be placed in the water for a minimum of 30 seconds and read.

(c) For vertical surfaces, a cotton gauze, 3" x 3" 12-ply, in sterile packages, shall be wetted with deionized water and wiped over a 10 cm. x 10 cm. area at least five times in two perpendicular directions. The cotton gauze shall then be placed into a clean sample container and covered with clean deionized water. The cotton gauze and water shall stand in the container for at least three minutes prior to testing. The pH test strip shall then be placed in the water for a minimum of 30 seconds and read.

(d) pH testing shall be conducted on at least three locations in each room within the areas highly suggestive of contamination.

(9) Lead Sampling and Testing Procedures.

(a) Unless there is clear evidence that lead was not used in the manufacturing of methamphetamine, or ecstasy at the illegal drug operations, lead sampling shall be conducted as follows:

(i) Cotton gauze, 3" x 3" 12-ply, in sterile packages shall be used for wipe sampling. The cotton gauze shall be wetted with analytical grade 3 per cent nanograde nitric acid for the wipe sampling. The cotton gauze shall be blotted or wiped at least five times in two perpendicular directions within each sampling area.

(ii) Three 10 cm. x 10 cm. areas (100 square centimeters) shall be sampled in each room within the areas highly suggestive of contamination; and

(b) After sampling, each wipe sample shall be placed in a new clean sample container and capped tightly. The sample container shall be properly labeled with at least the site or project identification number, date, time, and actual sample location. The sample container shall be delivered to an analytical laboratory that uses EPA Method 6010B or an equivalent method approved by the Utah Department of Health.

(c) The sample shall be analyzed for lead using EPA Method 6010B or equivalent.

(10) Mercury Sampling and Testing Procedures.

(a) A properly calibrated mercury vapor analyzer shall be used for evaluating the decontaminated areas for the presence of mercury. All mercury readings shall be recorded for each sample location.

(b) At least three locations in each room within the areas highly suggestive of contamination shall be tested for mercury vapor readings. The testing equipment probe shall be held in the sample location for at least 30 seconds to obtain a reading.

(c) All accessible plumbing traps shall be tested for mercury by holding the testing equipment probe in the plumbing pipe above the trap for at least 60 seconds.

(11) Septic tank sampling and testing procedures.

(a) All sampling and testing shall be performed in accordance with current EPA sampling and testing protocol.

(b) The liquid in the septic tank shall be sampled with a new clean bailer or similar equipment.

(c) The liquid shall be decanted or poured with minimal turbulence into three new VOA vials properly prepared by the analytical laboratory.

(d) The VOA vials shall be filled so that there are no air bubbles in the sealed container. If air bubbles are present, the vial must be emptied and refilled.

(i) The sample vials shall be properly labeled with at least the date, time, and sample location.

(ii) The sample vials shall be refrigerated until delivered to the analytical laboratory.

(iii) The sample shall be analyzed using EPA Method 8260 or equivalent.

(12) Confirmation sampling by Local Health Departments.

The local health department may also conduct confirmation sampling after decontamination is completed and after the final report is submitted to verify that the property has been decontaminated to the standards outlined in this rule.

 

KEY: illegal drug operation, methamphetamine decontamination

Date of Enactment or Last Substantive Amendment: [May 2, 2005]2009

Authorizing, and Implemented or Interpreted Law: 19-9-906

 

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