No. 27782 (New Rule): R311-500. Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program

DAR File No.: 27782
Filed: 03/30/2005, 02:53
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Illegal Drug Operations Site Reporting and Decontamination Act, Title 19, Chapter 6, Part 9, requires that properties contaminated by illegal drug manufacturing be placed on a contamination list. The purpose of this proposed rule is to establish certification criteria for any private person, firm, or entity who perform decontamination of property that is on the contamination list.

 

Summary of the rule or change:

The Decontamination Specialist Certification Program is designed to assist in helping ensure that personnel in charge of decontamination are trained to perform cleanups and knowledgeable of established decontamination standards; to develop methods whereby an applicant can demonstrate competency and obtain certification to become a Certified Decontamination Specialist; to protect the public health and the environment; and to provide for the health and safety of personnel involved in decontamination activities.

 

State statutory or constitutional authorization for this rule:

Section 19-6-901 et seq.

 

Anticipated cost or savings to:

the state budget:

This rule provides procedures for the state to certify a decontamination specialist. A fee is required at the time of initial application and re-certification. It is anticipated that application fees will sustain this program and the personnel time involved. Additional costs relative to personnel time will be covered through existing funding. It is anticipated that the fiscal impact to the state for administration of the certification program will be limited.

 

local governments:

There are no requirements for local government personnel to certify a decontamination specialist under Rule R311-500. There is no anticipated fiscal impact to local government.

 

other persons:

The Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program will apply to individuals seeking a Certificate or to those that are currently certified under the program. It is unknown how many prospective applicants will apply for certification. It is estimated that initial certification relating to a decontamination specialist may cost an individual approximately $850. This includes a cost of $700 for the Occupational Safety Health Agency (OSHA) Hazardous Waste Operation and Emergency Response (HAZWOPER, 29 CFR 1910.120) safety training required in Section R311-500-5 and $150 for the applicable fees described in Section R311-500-4. This estimate does not include the individual's time or costs for training they may seek in preparation for certification and re-certification, time to study for and take the examination required under Section R311-500-5 or time required to maintain compliance with current rules and regulations. It is estimated that re-certification relating to a decontamination specialist may cost an individual approximately $325. This includes a cost of $175 for the OSHA HAZWOPER refresher training required in Section R311-500-5 and $150 for the applicable fees required in Section R311-500-7. This estimate does not include the individual's time or costs for training they may seek in preparation for certification and re-certification, time to study for and take the examination required under Sections R311-500-5 and R311-500-7 or time required to maintain compliance with current rules and regulations.

 

Compliance costs for affected persons:

It is estimated that initial certification relating to a decontamination specialist may cost an individual approximately $850. This includes a cost of $700 for the OSHA HAZWOPER (29 CFR 1910.120) safety training required in Section R311-500-5 and $150 for the applicable fees described in Section R311-500-4. This estimate does not include the individual's time or costs for training they may seek in preparation for certification and re-certification, time to study for and take the examination required under Section R311-500-5, or time required to maintain compliance with current rules and regulations. It is estimated that re-certification relating to a decontamination specialist may cost an individual approximately $325. This includes a cost of $175 for the OSHA HAZWOPER refresher training required in Section R311-500-5 and $150 for the applicable fees required in Section R311-500-7. This estimate does not include the individual's time or costs for training they may seek in preparation for certification and re-certification, time to study for and take the examination required under Sections R311-500-5 and R311-500-7 or time required to maintain compliance with current rules and regulations.

 

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

Rule R311-500 provides certification criteria for any private person, firm, or entity performing decontamination of property on the contamination list specified in the statute. Individuals conducting cleanups should be able to reasonably meet the requirements established in the rule since the OSHA HAZWOPER certification standard is common in the environmental cleanup field and the examination required in the rule will be based on current, accepted procedures and information. Standardized training requirements and certification provide consistency across the state, which will likely increase the effectiveness of assessment and cleanup. Without this rule, property owners with contaminated property may be left with an unmarketable piece of property. Decontamination of clandestine drug laboratories will mitigate risk to human health and the environment while removing the stigma attached to contaminated sites, allowing impacted properties to be returned to beneficial use. Dianne Nielson, Executive Director

 

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

Environmental Quality
Environmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Bill Rees or Brent Everett at the above address, by phone at 801-536-4167 or 801-536-4171, by FAX at 801-536-4242 or 801-536-4242, or by Internet E-mail at [e-mail] or [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:

05/16/2005

 

This rule may become effective on:

07/01/2005

 

Authorized by:

Dianne R. Nielson, Executive Director

 

 

RULE TEXT

R311. Environmental Quality, Environmental Response and Remediation.

R311-500. Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program.

R311-500-1. Objective, Scope and Authority.

(a) Objective. The Decontamination Specialist Certification Program is designed to assist in helping ensure that personnel in charge of decontamination are trained to perform cleanups and knowledgeable of established decontamination standards; to develop methods whereby an applicant can demonstrate competency and obtain certification to become a Certified Decontamination Specialist; to protect the public health and the environment; and to provide for the health and safety of personnel involved in decontamination activities.

(b) Scope. These certification rules apply to individuals who perform decontamination of property that is on the contamination list specified in Section 19-6-903(3)(b) of the Illegal Drug Operations Site Reporting and Decontamination Act.

(c) Authority. Section 19-6-906 directs the Department of Environmental Quality Solid and Hazardous Waste Control Board, in consultation with the Department of Health and local Health Departments, to make rules to establish within the Division of Environmental Response and Remediation:

(1) certification standards for any private person, firm, or entity involved in the decontamination of contaminated property; and

(2) a process for revoking the certification of a Decontamination Specialist who fails to maintain the certification standards.

 

R311-500-2. Definitions.

(a) Refer to Section 19-6-902 for definitions not found in this rule.

(b) For the purposes of the Decontamination Specialist CertificationProgram rules:

(1) "Applicant" means any individual who applies to become a Certified Decontamination Specialist or applies to renew the existing certificate.

(2) "Board" means the Solid and Hazardous Waste Control Board.

(3) "Certificate" means a document that evidences certification.

(4) "Certification" means approval by the Executive Secretary or the Board to perform decontamination of contaminated property under Title 19 Chapter 6, Illegal Drug Operations Site Reporting and Decontamination Act.

(5) "Certification Program" means the Division's process for issuing and revoking the Certification.

(6) "Confirmation Sampling" means collecting samples during a preliminary assessment or upon completion of decontamination activities to confirm that contamination is below the decontamination standards outlined in R392-600, Illegal Drug Operations Decontamination Standards.

(7) "Decontamination" means treatment or removal of contamination by a decontamination specialist or as otherwise allowed in the Illegal Drug Operations Site Reporting and Decontamination Act to reduce concentrations below the decontamination standards defined in R392-600 and to remove property from the contamination list specified in Subsection 19-6-903(3)(b).

(8) "Department" means the Utah Department of Environmental Quality.

(9) "Division" means the Division of Environmental Response and Remediation.

(10) "Executive Secretary" means the Executive Secretary (UST) of the Solid and Hazardous Waste Control Board or the Executive Secretary's designated representative.

(11) "Lapse" in reference to the Certification, means to terminate automatically.

(12) "UAPA" means the Utah Administrative Procedures Act, Title 63 Chapter 46b.

 

R311-500-3. Delegation of Powers and Duties to the Executive Secretary.

(a) The Executive Secretary is delegated authority by the Board to administer the Decontamination Specialist Certification Program established within the Division.

(b) The Executive Secretary may take any action necessary or incidental to develop certification standards and issue or revoke a certificate. These actions include but are not limited to:

(1) Establishing certification standards;

(2) Establishing and reviewing applications, certifications, or other data;

(3) Establishing and conducting testing and training;

(4) Denying applications;

(5) Issuing certifications;

(6) Evaluating compliance with the performance standards established in Section R311-500-8 through observations in the field, review of sampling methodologies and records or other means;

(7) Renewing certifications;

(8) Revoking certifications;

(9) Issuing notices and initial orders;

(10) Enforcing notices, orders and rules on behalf of the Board; and

(11) Requiring a Certified Decontamination Specialist or applicant to furnish information or records relating to his or her fitness to be a Certified Decontamination Specialist.

 

R311-500-4. Application for Certification.

(a) Any individual may apply for certification by paying the applicable fees and by submitting an application to the Executive Secretary to demonstrate that the applicant:

(1) meets the eligibility requirements specified in R311-500-5; and

(2) will comply with the performance standards specified in R311-500-8 after receiving a certificate.

(b) Applications submitted under R311-500-4 shall be on a form approved by the Executive Secretary and shall be reviewed by the Executive Secretary to determine if the applicant is eligible for certification.

 

R311-500-5. Eligibility for Certification.

(a) For initial and renewal certification, an applicant must:

(1) Meet Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120 and any other applicable safety training, including refresher training, as required by federal and state law; and

(2) Successfully pass a certification examination developed and administered under the direction of the Executive Secretary.

(A) The contents of the initial certification examination and the renewal certification examination as well as the percentage of correct answers required to pass the examinations shall be determined by the Executive Secretary before the tests are administered. The Executive Secretary may offer a less comprehensive renewal certification examination to those individuals that have completed a Division sponsored renewal-training course.

(B) The Executive Secretary shall determine the frequency and dates of the certification examinations.

(C) For applicants that fail the initial certification examination or the renewal certification examination, the Executive Secretary may offer one additional examination within one month of the original test date without requiring submittal of a new application. The applicant shall pay a fee determined by the Executive Secretary to cover the cost of the additional testing. Applicants that fail the re-examination shall wait six months prior to submitting a new application in accordance with R311-500-4.

 

R311-500-6. Certification.

(a) Initial certification for all certificate holders shall be effective for a period of two years from the date of issuance, unless revoked before the expiration date pursuant to R311-500-9. Certificates shall be subject to periodic renewal pursuant to R311-500-7.

 

R311-500-7. Renewal.

(a) A certificate holder may apply for certificate renewal by successfully completing the following prior to the expiration date of the current certificate:

(1) Submitting a completed renewal application on a form approved by the Executive Secretary within the dates specified by the Executive Secretary;

(2) Paying any applicable fees; and

(3) Passing a certification renewal examination.

(A) If the Executive Secretary determines that the applicant meets the eligibility requirements of R311-500-5 and will comply with the performance standards of R311-500-8, the Executive Secretary shall reissue the certificate to the applicant.

(B) If the Executive Secretary determines that the applicant does not meet the eligibility requirements described in R311-500-5 or will not comply or has not complied with the performance standards of R311-500-8, the Executive Secretary may issue a notice to deny certification in a manner consistent with R311-500-9.

(b) Renewal certificates shall be valid for two years and shall be subject to revocation under R311-500-9.

(c) Any individual who is not a Certified Decontamination Specialist on the date the renewal certification examination is given because the applicant's certification was revoked or expired prior to completing a renewal application must successfully meet the application and eligibility criteria for initial certification as specified in R311-500-4 and R311-500-5 prior to issuance of a certificate.

 

R311-500-8. Performance Standards.

(a) A Certified Decontamination Specialist performing decontamination activities at contaminated property:

(1) shall be certified prior to engaging in any decontamination activities for the purpose of removing the contaminated property from the list referenced in Section 19-6-903(3)(b) and display the certificate upon request;

(2) shall report to the local Health Department the location of any property that is the subject of decontamination work by the Decontamination Specialist;

(3) shall file a workplan with the local Health Department;

(4) shall perform work in accordance with the workplan;

(5) shall perform work meeting applicable local, state and federal laws, including certification and licensing requirements for performing construction work;

(6) shall oversee and supervise all decontamination activities and ensure any person(s) assisting with decontamination work at contaminated property meets Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120;

(7) shall make all decisions regarding decontamination and be the only individual conducting confirmation sampling;

(8) shall follow scientifically sound and accepted sampling procedures;

(9) shall submit a Final Report to the local Health Department, which includes an affidavit stating that the property has been decontaminated to the standards outlined in R392-600;

(10) shall maintain a current address and phone number on file with the Division;

(11) shall not participate in fraudulent, unethical, deceitful or dishonest activity with respect to performance of work for which certification is granted; and

(12) shall not participate in any other activities regulated under R311-500 without meeting all requirements of that certification program.

 

R311-500-9. Denial of Application and Revocation of Certification.

(a) The Executive Secretary may issue a notice denying an application or an initial order or notice of intent to revoke a certification. The initial order or notice shall become final unless contested as outlined in R311-501.

(b) Grounds for denial of an application or revocation of a certification may include any of the following:

(1) Failure to meet any of the application and eligibility criteria established in R311-500-4 and R311-500-5;

(2) Failure to submit a completed application;

(3) Evidence of past or current criminal activity;

(4) Demonstrated disregard for the public health, safety or the environment;

(5) Misrepresentation or falsification of figures, reports and/or data submitted to the local Health Department or the State;

(6) Cheating on a certification examination;

(7) Falsely obtaining or altering a certificate;

(8) Negligence, incompetence or misconduct in the performance of duties as a Certified Decontamination Specialist;

(9) Failure to furnish information or records required by the Executive Secretary to demonstrate fitness to be a Certified Decontamination Specialist; or

(10) Violation of any certification or performance standard specified in this rule.

 

R311-500-10. No Preemption.

(a) Certification to work as a Certified Decontamination Specialist does not relieve an individual from any requirement to obtain additional licenses or certificates in different specialties to the extent required by other agencies whose jurisdiction and authority may overlap the decontamination work. The Certified Decontamination Specialist shall obtain the additional licenses or certificates prior to performing the work for which the additional license or certificate is required. The Illegal Drug Operations Site Reporting and Decontamination Act Decontamination Specialist Certification Program rules do not preempt or supercede rules or standards promulgated by other regulatory programs in the State of Utah.

 

R311-500-11. Certified Decontamination Specialist List.

(a) The Executive Secretary shall maintain a current list of Certified Decontamination Specialists that shall be made available to the public upon request.

 

KEY: meth lab contractor certification

2005

19-6-901 et seq.