No. 32775 (Repeal and Reenact): R392-600. Illegal Drug Activity Decontamination Standards

DAR File No.: 32775
Filed: 07/01/2009, 01:04
Received by: NL

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 0.1mcg/100cm2 to 1.0mcg/100cm2) comes after serious and critical evaluation of the research conducted by the Office of Environmental Health Hazards Assessment in California, and Colorado鈥檚 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. Additionally, other decontamination procedural changes reflecting results from scientific research are incorporated in the rule. (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:

The significant changes are: 1) raising the methamphetamine decontamination standard from 0.1mg/100cm2 to 1.0mg/100cm2; 2) clear definition of a certified decontamination specialist (CDS) and the process that require such a specialist. A CDS must be retained in order to perform both preliminary assessment and confirmation sampling; 3) allowing for decontamination work to be performed by any person and not solely by a CDS; 4) allowing chemical denaturing/decontamination (provided Federal Toxic Substance Control Act requirements are met and Material Safety Data Sheets are provided for all chemicals being used) in addition to (or replacing) the current requirement for detergent washing; 5) confirmation sampling allowed for either four discrete or a composite of four similar surfaces; 6) clarification: role of the local health department; 7) items a certified decontamination specialist or owner of record needs to include in a work plan; 8) decontamination procedures (which materials can be decontaminated, porous vs. non-porous, Heating Ventilation, Air Conditioning (HVAC) decontamination) 9) confirmation sampling procedures (which solvents, media, methods, and labs are allowed); 10) information a certified decontamination specialist or owner of record needs to include in the final report; and 11) allowing encapsulation of a contaminated structural component only after decontamination of the structure has occurred.

State statutory or constitutional authorization for this rule:

Title 19, Chapter 6, Part 9, and Subsections 26-1-30(2)(a), (b), (c), and (d)

This rule or change incorporates by reference the following material:

U.S. Environmental Protection Agency. Region 9: Superfund Preliminary Remediation Goals (PRG) Table, October 2008

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 and persons other than 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 three 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:

Other than a possible loss of business for decontamination contractors if more business owners decide to do the work without a contractor, the impact will be positive due to fewer properties needing cleanup. Further evaluation on cost will be made after the comment period. A. Richard Melton, Acting 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
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ronald Marsden 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:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Richard Melton, Deputy Director

RULE TEXT

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

[R392-600. Illegal Drug Operations Decontamination Standards.

R392-600-1. Authority and Purpose.

(1) This rule is authorized under Section 19-6-906.

(2) This rule sets decontamination and sampling standards and best management practices for the inspection and decontamination of property contaminated by illegal drug operations.

 

R392-600-2. Definitions.

The following definitions apply in this rule:

(1) "Background concentration" means the level of a contaminant in soil, groundwater or other media up gradient from a facility, practice or activity that has not been affected by the facility, practice or activity; or other facility, practice or activity.

(2) "Decontamination specialist" means an individual who has met the standards for certification as a decontamination specialist and has a currently valid certificate issued by the Solid and Hazardous Waste Control Board, as defined under Utah Code Subsection 19-6-906(2).

(3) "Chain-of-custody protocol" means a procedure used to document each person that has had custody or control of an environmental sample from its source to the analytical laboratory, and the time of possession of each person.

(4) "Characterize" means to determine the quality or properties of a material by sampling and testing to determine the concentration of contaminants, or specific properties of the material such as flammability or corrosiveness.

(5) "Combustible" means vapor concentration from a liquid that has a flash point greater than 100 degrees F.

(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 this rule.

(7) "Contaminant" means a hazardous material.

(8) "Contamination" or "contaminated" means polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards.

(9) "Corrosive" means a material such as acetic acid, acetic anhydride, acetyl chloride, ammonia (anhydrous), ammonium hydroxide, benzyl chloride, dimethylsulfate, formaldehyde, formic acid, hydrogen chloride/hydrochloric acid, hydrobromic acid, hydriodic acid, hydroxylamine, methylamine, methylene chloride (dichloromethane, methylene dichloride), methyl methacrylate, nitroethane, oxalylchloride,perchloric acid, phenylmagnesium bromide, phosphine, phosphorus oxychloride, phosphorus pentoxide, sodium amide (sodamide), sodium metal, sodium hydroxide, sulfur trioxide, sulfuric acid, tetrahydrofuran, thionyl chloride or any other substance that increases or decreases the pH of a material and may cause degradation of the material.

(10) "Decontamination" means treatment or removal of contamination by a decontamination specialist or owner of record to reduce concentrations of contaminants below the decontamination standards.

(11) "Decontamination standards" means the levels or concentrations of contaminants that must be met to demonstrate that contamination is not present or that decontamination has successfully removed the contamination.

(12) "Delineate" means to determine the nature and extent of contamination by sampling, testing, or investigating.

(13) "Easily cleanable" means an object and its surface that can be cleaned by detergent solution applied to its surface in a way that would reasonably be expected to remove dirt from the object when rinsed and to be able to do so without damaging the object or its surface finish.

(14) "Ecstasy" means 3,4-methylenedioxy-methamphetamine (MDMA).

(15) "EPA" means the United States Environmental Protection Agency.

(16) "EPA Method 8015B" means the EPA approved method for determining the concentration of various non-halogenated volatile organic compounds and semi-volatile organic compounds by gas chromatography/flame ionization detector.

(17) "EPA Method 6010B" means the EPA approved method for determining the concentration of various heavy metals by inductively coupled plasma.

(18) "EPA Method 8260B" means the EPA approved method for determining the concentration of various volatile organic compounds by gas chromatograph/mass spectrometer.

(19) "FID" means flame ionization detector.

(20) "Flammable" means vapor concentration from a liquid that has a flash point less than 100 degree F.

(21) "Grab Sample" means one sample collected from a single, defined area or media at a given time and location.

(22) "Hazardous materials" has the same meaning as "hazardous or dangerous materials" as defined in Section 58-37d-3; and includes any illegally manufactured controlled substances.

(23) "Hazardous waste" means toxic materials to be discarded as directed in 40 CFR 261.3.

(24) "HEPA" means high-efficiency particulate air and indicates the efficiency of an air filter or air filtration system.

(25) "Highly suggestive of contamination" means the presence of visible or olfactory signs indicative of contamination, locations in and around where illegal drug production occurred, where hazardous materials were stored or suspected of being used to manufacture illegal drugs, or areas that tested positive for contamination or other portions of the property that may be linked to processing and storage areas by way of the ventilation system or other activity that may cause contamination to be distributed across the property.

(26) "Impacted groundwater" means water present beneath ground surface that contains concentrations of a contaminant above the UGWQS.

(27) "Impacted soil" means soil that contains concentrations of a contaminant above background or EPA residential Risk Based Screening Concentrations as contained in the document listed in R392-600-8.

(28) "LEL/O2" means lower explosive limit/oxygen.

(29) "Negative pressure enclosure" means an air-tight enclosure using a local exhaust and HEPA filtration system to maintain a lower air pressure in the work area than in any adjacent area and to generate a constant flow of air from the adjacent areas into the work area.

(30) "Non-porous" means resistant to penetration of liquids, gases, powders and includes non-permeable substance or materials, that are sealed such as, concrete floors, wood floors, ceramic tile floors, vinyl tile floors, sheet vinyl floors, painted drywall or sheet rock walls or ceilings, doors, appliances, bathtubs, toilets, mirrors, windows, counter-tops, sinks, sealed wood, metal, glass, plastic, and pipes.

(31) "Not Highly Suggestive of Contamination" means areas outside of the main locations(s) where illegal drugs were produced and hazardous materials were stored or suspected of being used that do not reveal obvious visual or olfactory signs of contamination, but may, however, be contaminated by residue from the manufacture or storage of illegal drugs or hazardous materials.

(32) "Owner of record" means (a) The owner of property as shown on the records of the county recorder in the county where the property is located; and (b) may include an individual, financial institution, company, corporation, or other entity.

(33) "Personal protective equipment" means various types of clothing such as suits, gloves, hats, and boots, or apparatus such as facemasks or respirators designed to prevent inhalation, skin contact, or ingestion of hazardous chemicals.

(34) "PID" means photo ionization detector.

(35) "Porous" means material easily penetrated or permeated by gases, liquids, or powders such as carpets, draperies, bedding, mattresses, fabric covered furniture, pillows, drop ceiling or other fiber-board ceiling panels, cork paneling, blankets, towels, clothing, and cardboard or any other material that is worn or not properly sealed.

(36) "Preliminary assessment" means an evaluation of a property to define all areas that are highly suggestive of contamination and delineate the extent of contamination. The preliminary assessment consists of an on-site evaluation conducted by the decontamination specialist or owner of record to gather information to demonstrate that contamination is not present above the decontamination standards or to enable development of a workplan outlining the most appropriate method to decontaminate the property.

(37) "Properly disposed" means to discard at a licensed facility in accordance with all applicable laws and not reused or sold.

(38) "Property" means: (a) any property, site, structure, part of a structure, or the grounds, surrounding a structure; and (b) includes single-family residences, outbuildings, garages, units of multiplexes, condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers, manufactured housing, shops, or booths.

(39) "Return air housing" means the main portion of an air ventilation system where air from the livable space returns to the air handling unit for heating or cooling.

(40) "Sample location" means the actual place where an environmental sample was obtained, including designation of the room, the surface (wall, ceiling, appliance, etc), and the direction and distance from a specified fixed point (corner, door, light switch, etc).

(41) "Services" means the activities performed by decontamination specialist in the course of decontaminating residual contamination from the manufacturing of illegal drugs or from the storage of chemicals used in manufacturing illegal drugs and includes not only the removal of any contaminants but inspections and sampling.

(42) "Toxic" means hazardous materials in sufficient concentrations that they can cause local or systemic detrimental effects to people.

(43) "UGWQS" means the Utah Ground Water Quality Standards established in R317-6-2.

(44) "VOA" means volatile organic analyte.

(45) "VOCs" means volatile organic compounds or organic chemicals that can evaporate at ambient temperatures used in the manufacture illegal drugs such as acetone, acetonitrile, aniline, benzene, benzaldehyde, benzyl chloride, carbon tetrachloride, chloroform, cyclohexanone, dioxane, ethanol, ethyl acetate, ethyl ether, Freon 11, hexane, isopropanol, methanol, methyl alcohol, methylene chloride, naphtha, nitroethane, petroleum ether, petroleum distillates, pyridine, toluene, o-toluidine, and any other volatile organic chemical that may be used to manufacture illegal drugs.

(46) "Waste" means refuse, garbage, or other discarded material, either solid or liquid.

 

R392-600-3. Preliminary Assessment Procedures.

(1) The decontamination specialist or owner of record shall determine the nature and extent of damage and contamination of the property from illegal drug operations by performing a preliminary assessment prior to decontamination activities. Contamination may be removed prior to approval of the work plan as necessary to abate an imminent threat to human health or the environment. If there was a fire or an explosion in the contaminated portion of the property that appears to have compromised its structural integrity, the decontamination specialist or owner of record shall obtain a structural assessment of the contaminated portion of the property prior to initiating the preliminary assessment.

(2) To conduct the preliminary assessment, the decontamination specialist or owner of record shall:

(a) request and review copies of any law enforcement, state agency or other report regarding illegal drug activity or suspected illegal drug activity at the property;

(b) evaluate all information obtained regarding the nature and extent of damage and contamination;

(c) determine the method of illegal drug manufacturing used;

(d) determine the chemicals involved in the illegal drug operation;

(e) determine specific locations where processing and illegal drug activity took place or was suspected and where hazardous materials were stored and disposed;

(f) use all available information to delineate areas highly suggestive of contamination;

(g) develop procedures to safely enter the property in order to conduct a preliminary assessment;

(h) wear appropriate personal protective equipment for the conditions assessed;

(i) visually inspect all portions of the property, including areas outside of any impacted structure to document where stained materials or surfaces are visible, drug production took place, hazardous materials were stored, and burn pits or illegal drug operation trash piles may have been or are currently present;

(j) determine whether the property contains a septic system on-site and if there has been a release to the system as a result of the illegal drug operations;

(k) determine the locations of the ventilation system components in the areas highly suggestive of contamination;

(l) conduct and document appropriate testing for corrosive, flammable, combustible, and toxic atmospheres during the initial entry in the contaminated portion of the property using instruments such as a LEL/O2 meter, pH paper, PID, FID, or equivalent equipment; and

(m) if decontamination is not anticipated due to the lack of supporting evidence of decontamination, collect confirmation samples to demonstrate compliance with the decontamination standards using the methodology specified in this rule.

(3) If the preliminary assessment does not reveal the presence of contamination above the decontamination standards specified in this rule, the decontamination specialist or owner of record may request that the property be removed from the list of contaminated properties as specified in 19-6-903 provided that:

(a) a final report documenting the preliminary assessment is submitted to the local health department by the owner of record and decontamination specialist if one was involved in conducting the preliminary assessment; and

(b) the local health department concurs with the recommendations contained in the report specified in (a).

(4) If the preliminary assessment reveals the presence of contamination, the decontamination specialist or owner of record shall proceed according to R392-600-4 through R392-600-7. The contaminated portions of the property shall be kept secure against un-authorized access until the work plan has been submitted, any required permit is issued, and the property has been decontaminated to the standards established in this rule.

 

R392-600-4. Work Plan.

(1) Prior to performing decontamination of the property, the decontamination specialist or owner of record shall prepare a written work plan that contains:

(a) complete identifying information of the property, such as street address, mailing address, owner of record, legal description, county tax or parcel identification number, or vehicle identification number if a mobile home, trailer or boat;

(b) if applicable, the certification number of the decontamination specialist who will be performing decontamination services on the contaminated portion of the property;

(c) copies of the decontamination specialist's current certification;

(d) photographs of the property;

(e) a description of the areas highly suggestive of contamination, and areas that are considered not highly suggestive of contamination, including any information that may be available regarding locations where illegal drug processing was performed, hazardous materials were stored and stained materials and surfaces were observed;

(f) a description of contaminants that may be present on the property;

(g) results of any testing conducted for corrosive, flammable, combustible, and toxic atmospheres during the initial entry in the contaminated portion of the property, such as by a LEL/O2 meter, pH paper, PID, FID, or equivalent equipment;

(h) a description of the personal protective equipment to be used while in or on the contaminated portion of the property;

(i) the health and safety procedures that will be followed in performing the decontamination of the contaminated portion of the property;

(j) a detailed summary of the decontamination to be performed based on the findings and conclusions of the Preliminary Assessment, which summary shall include:

(i) all surfaces, materials or articles to be removed;

(ii) all surfaces, materials and articles to be cleaned on-site;

(iii) all procedures to be employed to remove or clean the contamination, including both areas highly suggestive of contamination as well as those areas that are not highly suggestive of contamination;

(iv) all locations where decontamination will commence;

(v) all containment and negative pressure enclosure plans; and

(vi) personnel decontamination procedures to be employed to prevent the spread of contamination;

(k) the shoring plan, if an assessment of the structural integrity was conducted and it was determined that shoring was necessary, including a written description or drawing that shows the structural supports required to safely occupy the building during decontamination;

(l) a complete description of the proposed post-decontamination confirmation sampling locations, parameters, techniques and quality assurance requirements;

(m) the names of all individuals who gathered samples, the analytical laboratory performing the testing, and a copy of the standard operating procedures for the analytical method used by the analytical laboratory;

(n) a description of disposal procedures and the anticipated disposal facility;

(o) a schedule outlining time frames to complete the decontamination process; and

(p) all available information relating to the contamination and the property based on the findings and conclusions of the preliminary assessment.

(2) Prior to implementing the work plan, it must first be:

(a) approved in writing by the owner of record and, if one is involved, the decontamination specialist who will execute the work plan; and

(b) submitted to the local health department with jurisdiction over the county in which the property is located.

(3) The owner of record, and any decontamination specialist involved in executing the work plan shall retain the work plan for a minimum of three years after completion of the work plan and the removal of the property from the contaminated-properties list.

(4) All information required to be included in the work plan shall be keyed to or contain a reference to the appropriate subsection of this rule.

 

R392-600-5. Decontamination Procedures.

(1) The decontamination specialists, and owner of record shall comply with all applicable federal, state, municipal, and local laws, rules, ordinances, and regulations in decontaminating the property.

(2) The decontamination specialist or owner of record shall be present on the property during all decontamination activities.

(3) The decontamination specialist or owner of record shall conduct the removal of the contamination from the property, except for porous materials from areas not highly suggestive of contamination that may be cleaned as outlined in sub-section R392-600-5(12).

(4) The decontamination specialist or owner of record shall see that doors or other openings from areas requiring decontamination shall be partitioned from all other areas with at least 4-mil plastic sheeting or equivalent before beginning decontamination to prevent contamination of portions of the property that have not been impacted by illegal drug operations.

(5) Ventilation Cleaning Procedures.

(a) Air registers shall be removed and cleaned as outlined in subsection R392-600-5(12).

(b) All air register openings shall be covered by temporary filter media.

(c) A fan-powered HEPA filter collection machine shall be connected to the ductwork to develop negative air pressure in the ductwork.

(d) Air lances, mechanical agitators, or rotary brushes shall be inserted into the ducts through the air register openings to loosen all dirt, dust and other materials.

(e) The air handler units, including the return air housing, coils, fans, systems, and drip pan shall be cleaned as required in subsection R392-600-5(12).

(f) All porous linings or filters in the ventilation system shall be removed and properly disposed.

(g) The ventilation system shall be sealed off at all openings with at least 4-mil plastic sheeting, or other barrier of equivalent strength and effectiveness, to prevent recontamination until the contaminated portion of the property meets the decontamination standards in R392-600-6(2) and(3).

(6) Procedures for Areas Highly Suggestive of Contamination.

(a) All porous materials shall be removed and properly disposed. On site cleaning of this material is not allowed.

(b) All stained materials from the illegal drug operations shall be removed and properly disposed, unless the decontamination specialist or owner of record determines that cleaning and testing can be performed and can demonstrate based on results of confirmation sampling and testing that the materials meet the decontamination standards contained in subsections R392-600-6(2) and (3). Only smooth and easily cleanable drug operation material surfaces may be decontaminated on site and only in accordance with R392-600-5(12).

(c) All non-porous surfaces may be cleaned to the point of stain removal and left in place or removed and properly disposed. Only smooth and easily cleanable surfaces may be decontaminated on site and only in accordance subsection R392-600-5(12). After on-site cleaning, the decontamination specialist or owner of record shall test all surfaces to verify compliance with the decontamination standards contained in R392-600-6(2) and (3).

(d) All exposed concrete surfaces shall be thoroughly cleaned as outlined in R392-600-5(12) and tested to meet the decontamination standards contained in R392-600-6(2) and (3) or may be removed and properly disposed.

(e) All appliances shall be removed and properly disposed, unless the decontamination specialist or owner of record determines that cleaning and testing can be performed and can demonstrate based on results of confirmation sampling and testing that the materials meet the decontamination standards contained in subsections R392-600-6(2) and (3). Only smooth and easily cleanable surfaces may be decontaminated on site and only in accordance subsection R392-600-5(12). After on-site cleaning, the decontamination specialist or owner of record shall test all surfaces to verify compliance with the decontamination standards contained in R392-600-6(2) and (3). For appliances such as ovens that have insulation, a 100 square centimeter portion of the insulation shall also be tested. If the insulation does not meet the decontamination standards contained in R392-600-6(2) and R392-600-6(3), the insulated appliances shall be removed and properly disposed.

(7) Structural Integrity and Security Procedures.

If, as a result of the decontamination, the structural integrity or security of the property is compromised, the decontamination specialist or owner of record shall take measures to remedy the structural integrity and security of the property.

(8) Procedures for Plumbing, Septic, Sewer, and Soil.

(a) All plumbing inlets to the septic or sewer system, including sinks, floor drains, bathtubs, showers, and toilets, shall be visually assessed for any staining or other observable residual contamination. All plumbing traps shall be assessed for VOC concentrations with a PID or FID in accordance with Section R392-600-6(7). All plumbing traps shall be assessed for mercury vapors in accordance with Section R392-600-6(10) by using a mercury vapor analyzer unless the results of the preliminary assessment indicate that contamination was unlikely to have occurred. If VOC concentrations or mercury vapor concentrations exceed the decontamination standards contained in R392-600-6(2) and (3), the accessible plumbing and traps where the excess levels are found shall be removed and properly disposed, or shall be cleaned and tested to meet the decontamination standards contained in R392-600-6(2) and (3).

(b) The decontamination specialist or owner of record shall obtain documentation from the local health department or the local waste water company describing the sewer disposal system for the dwelling and include it in the final report. If the dwelling is connected to an on-site septic system, a sample of the septic tank liquids shall be obtained and tested for VOC concentrations unless the results of the preliminary assessment indicate that contamination was unlikely to have occurred.

(c) If VOCs are not found in the septic tank sample or are found at concentrations less than UGWQS and less than 700 micrograms per liter for acetone, no additional work is required in the septic system area, unless requested by the owner of the property.

(d) If VOCs are found in the septic tank at concentrations exceeding the UGWQS or exceeding 700 micrograms per liter for acetone the following applies:

(i) The decontamination specialist or owner of record shall investigate the septic system discharge area for VOCs, lead, and mercury unless there is clear evidence that mercury or lead was not used in the manufacturing of illegal drugs at the illegal drug operation;

(ii) The horizontal and vertical extent of any VOCs, mercury, and lead detected in the soil samples shall be delineated relative to background or EPA residential risk based screening concentrations contained in the document listed in R392-600-8.

(iii) If any of the VOCs, mercury, and lead used in the illegal drug operations migrated down to groundwater level, the decontamination specialist or owner of record shall delineate the vertical and horizontal extent of the groundwater contamination.

(iv) After complete characterization of the release, the decontamination specialist or owner of record shall remediate the impacted soils to concentrations below background or EPA residential risk based screening concentrations as contained in the document listed in R392-600-8 and any impacted groundwater to concentrations below the UGWQS and below 700 micrograms per liter for acetone.

(v) The contents of the septic tank shall be removed and properly disposed.

(e) The decontamination specialist or owner of record shall also notify the Utah Department of Environmental Quality, Division of Water Quality, if a release has occurred as a result of illegal drug operations to a single family septic system or a multiple family system serving less than 20 people.

(f) All sampling and testing pursuant to this section shall be performed in accordance with EPA sampling and testing protocol.

(9) Procedures for burn areas, trash piles and bulk wastes.

(a) The decontamination specialist or owner of record shall characterize, remove, and properly dispose of all bulk wastes remaining from the activities of the illegal drug operations or other wastes impacted by compounds used by the illegal drug operations.

(b) The decontamination specialist or owner of record shall examine the property for evidence of burn areas, burn or trash pits, debris piles, and stained areas suggestive of contamination. The decontamination specialist or owner of record shall test any burn areas, burn or trash pits, debris piles or stained areas with appropriate soil sampling and testing equipment, such as a LEL/O2 meter, pH paper, PID, FID, mercury vapor analyzer, or equivalent equipment to determine if the area is contaminated.

(c) If the burn areas, burn or trash pits, debris piles, or stained areas are not in a part of the property that has otherwise been determined to be highly suggestive of contamination, the decontamination specialist shall recommend to the owner of the property that these areas be investigated.

(d) If the burn areas, burn or trash pits, debris piles or stained areas are part of the contaminated portion of the property, the decontamination specialist or owner of record shall investigate and remediate these areas.

(e) The decontamination specialist or owner of record shall investigate burn areas, burn or trash pits, debris piles, or stained areas for the VOCs used by the illegal drug operations and lead and mercury, unless there is clear evidence that mercury or lead was not used in the manufacturing of illegal drugs at the illegal drug operations.

(f) The decontamination specialist or owner of record shall delineate the horizontal and vertical extent of any VOCs, lead, or mercury detected in the soil samples relative to background concentrations or EPA residential risk based screening concentrations as contained in the document listed in R392-600-8.

(g) If any of the compounds used by the illegal drug operation migrated into groundwater, the decontamination specialist or owner of record shall delineate the vertical and horizontal extent of the groundwater contamination relative to the UGWQS and relative to the maximum contaminant level of 700 micrograms per liter for acetone.

(h) After complete characterization of the release, the decontamination specialist or owner of record shall remediate contaminated soils to background or EPA residential risk based screening concentrations as contained in the document listed in R392-600-8, and contaminated groundwater to concentrations at or below the UGWQS and at or below 700 micrograms per liter for acetone.

(i) All sampling and testing conducted under this section shall be performed in accordance with current EPA sampling and testing protocol.

(10) Procedures for areas not highly suggestive of contamination.

(a) Porous materials with no evidence of staining or contamination may be cleaned by HEPA vacuuming and one of the following methods:

(i) Steam cleaning: Hot water and detergent shall be injected into the porous materials under pressure to agitate and loosen any contamination. The water and detergent solution shall then be extracted from the porous material by a wet vacuum.

(ii) Detergent and water solution: porous materials shall be washed in a washing machine with detergent and water for at least 15 minutes. The porous materials shall be rinsed with water. This procedure shall be repeated at least two additional times using new detergent solution and rinse water.

(b) All non-porous surfaces such as floors, walls, ceilings, mirrors, windows, doors, appliances, and non-fabric furniture shall be cleaned as outlined in subsection R392-600-5(12).

(c) Doors or other openings to areas with no visible contamination shall be partitioned from all other areas with at least 4-mil plastic sheeting or equivalent after being cleaned to avoid re-contamination.

(d) Spray-on acoustical ceilings shall be left undisturbed, and shall be sampled and tested for asbestos and for contamination to determine whether ceilings meet the decontamination standards contained in R392-600-6(2) and (3), and if in need of removal, whether asbestos remediation protocols are applicable. If the materials exceed the standards, the decontamination specialist or owner of record shall properly remove and dispose of them.

(e) All exposed concrete surfaces shall be thoroughly cleaned as outlined in subsection R392-600-5(12).

(11) Decontamination procedures for motor vehicles.

If an illegal drug operation is encountered in a motor vehicle, the decontamination specialist or owner of record shall conduct a Preliminary Assessment in the manner described in this rule to determine if the vehicle is contaminated. If it is determined that the motor vehicle is contaminated and the vehicle cannot be cleaned in a manner consistent with this rule, the motor vehicle may no longer be occupied. The vehicle shall also be properly disposed.

(12) Cleaning Procedure.

For all items, surfaces or materials that are identified as easily cleanable and for which the work plan indicates they will be decontaminated on site, the decontamination specialist or owner of record shall wash them with a detergent and water solution and then thoroughly rinse them. This procedure shall be repeated at least two additional times using new detergent solution and rinse water. The decontamination specialist or owner of record shall test all surfaces where decontamination on site has been attempted to verify compliance with the decontamination standards in R392-600-6(2) and R392-600-6(3).

(13) Waste Characterization and Disposal Procedures.

The Hazardous Waste Rules of R315-1 through R315-101, the Solid Waste Rules of R315-301 through R315-320 and the Illegal Drug Operations Decontamination Standards regulate the management and disposal of hazardous waste and contaminated debris generated during decontamination of an illegal drug operations. The decontamination specialist and owner of record shall comply with these rules and meet the following criteria.

(a) No waste, impacted materials or contaminated debris from the decontamination of illegal drug operations may be removed from the site or waste stream for recycling or reuse without the written approval of the local Health Department.

(b) All items removed from the illegal drug operations and waste generated during decontamination work shall be properly disposed.

(c) All liquid waste, powders, pressurized cylinders and equipment used during the production of illegal drugs shall be properly characterized by sampling or testing prior to making a determination regarding disposal or the waste shall simply be considered hazardous waste and properly disposed, except the waste shall not be deemed to be household hazardous waste.

(d) All impacted materials and contaminated debris that are not determined by the decontamination specialist or owner of record to be a hazardous waste may be considered a solid waste and properly disposed.

(e) All Infectious Waste shall be managed in accordance with Federal, State and local requirements.

(f) The disturbance, removal and disposal of asbestos must be done in compliance with all Federal, State, and local requirements including the requirements for Asbestos Certification, Asbestos Work Practices and Implementation of Toxic Substances Control Act, Utah Administrative Code R307-801.

(g) The removal and disposal of lead based paint must be done in compliance with all Federal, State, and local requirements including the requirements for Lead-Based Paint Accreditation, Certification and Work Practice Standards, Utah Administrative Code R307-840.

(h) The decontamination specialist and owner of record shall comply with all Federal, State, Municipal, County or City codes, ordinances and regulations pertaining to waste storage, manifesting, record keeping, waste transportation and disposal.

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 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.

 

R392-600-7. Final Report.

(1) A final report shall be:

(a) prepared by the decontamination specialist or owner of record upon completion of the decontamination activities;

(b) submitted to the owner of the decontaminated property and the local health department of the county in which the property is located; and

(c) retained by the decontamination specialist and owner of record for a minimum of three years.

(2) The final report shall include the following information and documentation:

(a) complete identifying information of the property, such as street address, mailing address, owner of record, legal description, county tax or parcel identification number, or vehicle identification number if a mobile home or motorized vehicle;

(b) the name and certification number of the decontamination specialist who performed the decontamination services on the property;

(c) a detailed description of the decontamination activities conducted at the property, including any cleaning performed in areas not highly suggestive of contamination;

(d) a description of all deviations from the approved work plan;

(e) photographs documenting the decontamination services and showing each of the sample locations,

(f) a drawing or sketch of the areas highly suggestive of contamination that depicts the sample locations and areas that were decontaminated;

(g) a description of the sampling procedure used for each sample;

(h) a copy of the testing results from testing all samples, including testing for VOCs, corrosives, and if applicable, lead and mercury, and testing performed by an analytical laboratory;

(i) a written discussion interpreting the test results for all analytical testing on all samples;

(j) a copy of any asbestos sampling and testing results;

(k) a copy of the analytical laboratory test quality assurance data on all samples and a copy of the chain-of-custody protocol documents;

(l) a summary of the waste characterization work, any waste sampling and testing results, and transportation and disposal documents, including bills of lading, weight tickets, and manifests for all materials removed from the property;

(m) a summary of the decontamination specialist or owner of record's observation and testing of the property for evidence of burn areas, burn or trash pits, debris piles, or stained areas;

(n) a written discussion and tables summarizing the confirmation sample results with a comparison to the decontamination standards outlined in this rule; and

(o) an affidavit from the decontamination specialist and owner of record that the property has been decontaminated to the standards outlined in this rule.

(3) All information required to be included in the final report shall be keyed to or contain a reference to the appropriate subsection of this rule.

R392-600-8. Reference.

The document: U.S. Environmental Protection Agency. Region 9: Superfund Preliminary Remediation Goals (PRG) Table, October 2004, is adopted by reference.]

R392-600. Illegal Drug Activity Decontamination Standards.

R392-600-1. Authority and Purpose.

(1) This rule is authorized under Title 19, Chapter 6, Part 9 and by 26-1-30(2)(a), (b), (c), and (d).

(2) This rule establishes minimum standards, procedures, and responsibilities for local health departments, certified decontamination specialists (CDS), and owners of record regarding property contaminated by illegal drug activity. It regulates the decontamination and the disposal of materials removed from contaminated properties.

 

R392-600-2. Definitions.

The definitions found in Title 19, Chapter 6, Part 9 apply to this rule. In addition:

(1) "Background concentration" means the level of a contaminant in soil, groundwater or other media up gradient from an illegal drug activity that has not been affected by the illegal drug activity.

(2) "Certified decontamination specialist" or "CDS" means an individual who has met the standards for certification as a decontamination specialist and has a currently valid certificate issued by the Solid and Hazardous Waste Control Board, as defined under Utah Code Subsection 19-6-906(2) and who is retained by an owner of record to perform assessment, planning, decontamination, confirmation, and reporting activities of a property as described in this rule.

(3) "Certified laboratory" means a laboratory certified by the Utah Department of Health under Rule 444-14 for methamphetamine testing. The laboratory's reporting limit must be at least five times lower than the applicable decontamination level and the laboratory must have calibration standards at or below the reporting limit.

(4) "Chain-of-custody protocol" means a procedure used to document each person who has had custody or control of an

environmental sample from its source to the certified laboratory, and the time of possession of each person.

(5) "Combustible" means vapor concentration from a liquid that has a flash point greater than 100 degrees F.

(6) "Composite Sample" means a sample collected from up to four defined areas, then bulked and mixed in the laboratory to be analyzed as a single sample.

(7) "Confirmation sampling" means collecting samples during a preliminary assessment or upon completion of decontamination activities by a CDS and having the samples analyzed by a certified laboratory to determine the level of contamination.

(8) "Contaminant" means a hazardous material.

(9) "Contamination" or "contaminated" means polluted by hazardous materials that exceed the standard and cause property to be unfit for human habitation or use due to immediate or long-term health hazards.

(10) "Corrosive" means a material or substance having a pH less than or equal to 6 or greater than or equal to 8.

(11) "Decontamination" means assessment, sampling, treatment, or removal of contamination to reduce concentrations of contaminants below the decontamination standards.

(12) "Decontamination contractor" means an owner of record or a person contracted by the owner of record who conducts decontamination work but is not required to be certified to perform a preliminary assessment or confirmation sampling of a property.

(13) "Decontamination standards" means the levels or concentrations of contaminants provided in R392-600-7(2).

(14) "Discrete" means a single sample collected from a single, defined area at a given time and location.

(15) "Disposed of properly," "proper disposal," "dispose of them properly," and variations of them, means to handle, transport, label, store, or discard in accordance with all applicable laws, including the requirements of this rule and the transfer of material to a facility licensed to receive it.

(16) "Easily cleanable" means an object and its surface that can be cleaned by detergent solution applied to its surface in a way that would reasonably be expected to remove dirt from the object when rinsed and to be able to do so without damaging the object or its surface finish.

(17) "EPA" means the United States Environmental Protection Agency.

(18) "FID" means flame ionization detector.

(19) "Flammable" means vapor concentration from a liquid that

has a flash point less than 100 degree F.

(20) "Fixture" means an item that is attached to real property or to a structure on real property in such a manner that it is commonly considered to be part of the real property.

(21) "Hazardous materials" has the same meaning as "hazardous or dangerous materials" as defined in Utah Code Section 58-37d-3, and includes any illegally manufactured controlled substance.

(22) "Hazardous waste" means toxic materials described in 40 CFR 261.3.

(23) "HEPA" means high-efficiency particulate air and indicates the efficiency of an air filter or air filtration system.

(24) "HVAC system" means the heating ventilation and air conditioning system and includes all conditioned air ducts, diffusers, vents, registers, cold air returns and air handlers.

(25) "Illegal drug activity" means any activity, including production, use, storage, or distribution of materials, compounds, or mixtures associated with the use or production of illegal controlled substances.

(26) "Impacted soil" means soil that contains concentrations of a contaminant above background or EPA residential Risk Based Screening Concentrations as contained in the document listed in R392-600-9.

(27) "LEL/O2" means lower explosive limit/oxygen.

(28) "MSDS sheet" means Material Safety Data Sheet provided by the manufacturer supplying the chemical and that meets OSHA Hazard Communication Standard in Subpart Z, Toxic and Hazardous Substances, 29 CFR 1910.1200.

(29) "Negative pressure enclosure" means an air-tight enclosure using a local exhaust and HEPA filtration system to maintain a lower air pressure in the work area than in any adjacent area and to generate a constant flow of air from the adjacent areas into the work area.

(30) "Non-structural component" means a part of a structure that is not a structural component, such as a carpet, a partition wall, a cabinet, a window, a door, or a fixture.

(31) "Non-porous" means resistant to penetration of liquids, gases, powders and includes non-permeable substance or materials that are sealed such as: concrete, wood, tile, vinyl, painted drywall, appliances, bathtubs, toilets, mirrors, windows, counter-tops, sinks, metal, glass, plastic, and pipes.

(32) "Onsite Wastewater System" means an underground wastewater disposal system for domestic wastewater which is

regulated by R317-4.

(33) "Owner of record" means (a) the owner of property as shown on the records of the county recorder in the county where the property is located; and (b) may include an individual, employee, financial institution, company, corporation, or other entity.

(34) "Personal property" means clothing, bedding, furniture, electronic equipment, and other items that are not considered a part of the building.

(35) "Personal protective equipment" means clothing such as suits, gloves, hats, boots or apparatus such as facemasks or respirators all designed to prevent inhalation, absorption, or ingestion of hazardous chemicals.

(36) "PID" means photo ionization detector.

(37) "Porous" means that the item is easily penetrated or permeated by gases, liquids, or powders such as: carpets, cardboard, draperies, bedding, mattresses, fabric covered furniture, pillows, blankets, towels, clothing, or any other material that is worn; and drop ceiling or other fiber-board ceiling panels, cork paneling, unpainted drywall, or any other material that is not properly sealed.

(38) "Preliminary Assessment " means an evaluation of a property by a CDS to define all areas that are potentially contaminated and determine the extent of contamination as provided in Section 4.

(39) "Property" means: (a) any property, site, structure, part of a structure, or the grounds, surrounding a structure; and (b) includes, but is not limited to single-family residences, outbuildings, garages, units of multiplexes, condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers, manufactured housing, shops, or

booths.

(40) "Sample location" means a discrete place where an environmental sample is or will be obtained.

(41) "Screening test" means a test to determine whether any methamphetamine is present, but cannot determine the level of contamination.

(42) "Structural component" means a portion of a structure which, if removed, would cause the structure to become unstable or subject to partial or total collapse, or a concrete floor.

(43) "Toxic" means a hazardous material in sufficient concentrations to cause local or systemic detrimental effects to people.

(44) "UGWQS" means the Utah Ground Water Quality Standards established in R317-6.

(45) "VOA" means volatile organic analyte.

(46) "VOCs" means volatile organic compounds or organic chemicals that can evaporate at ambient temperatures.

(47) "Waste" means refuse, garbage, or other discarded material,

either solid or liquid.

 

R392-600-3. Reporting Requirements.

(1) Upon receiving a report of a property contaminated by illegal drug activity from a law enforcement agency, the local health department shall, as required by Subsection 19-6-903(3), conduct an investigation to determine if reasonable evidence exists that the property is contaminated.

(2) Upon receiving a report of a property contaminated by illegal drug activity from a CDS or a Licensed Environmental Health Scientist, a local health department shall conduct an investigation to determine whether reasonable evidence exists to consider the property contaminated.

(3) If the local health department determines that a property is contaminated at a level that exceeds any decontamination standard established by this rule, either by its own investigation or based on a report from a CDS or a Licensed Environmental Health Scientist, the local health department shall:

(a) notify the owner of record, and if applicable, any legal tenant, that the property is contaminated, and of the requirements for compliance with this rule;

(b) place the property on a list of contaminated properties available to the public as required by Section 19-6-903; and

(c) remove any property it has placed on its contaminated properties list within two working days of receipt of a final report required by Section 19-6-903(4)(c).

(4) If an owner of record or a resident wants to remove items of high intrinsic value from a contaminated property after the property is determined to be contaminated and prior to other decontamination activities, the removal of the items must be included in the work plan submitted to the local health department. The work plan shall advise the owner of record or resident of the possible health effects associated with contaminated items and the proper methods for decontamination of the contaminated items.

 

R392-600-4. Preliminary Assessment.

(1) Prior to conducting any decontamination activities at a property that has been reported as contaminated pursuant to Subsection 19-6-903(3), the owner of record must retain a CDS to perform a certified preliminary assessment. No decontamination activities may begin prior to conducting a certified preliminary assessment and submitting a work plan to the local health department. Only a CDS may perform a certified preliminary assessment. An owner of record or a retained decontamination contractor may perform a screening test for the owner's property; however, any assessment beyond a screening test must be performed by a CDS.

(2) If a local health department has determined that a property is contaminated, the owner of record shall contract with a CDS prior to conducting any decontamination work, to perform a preliminary assessment as required by this section.

(3) If a fire, an explosion, or other condition appears to have compromised the structural integrity of the property, the owner of record or the CDS shall obtain a structural assessment from a person qualified to conduct a structural assessment.

(4) To conduct the certified preliminary assessment, the CDS shall:

(a) request and review copies of any law enforcement, state agency or other report regarding illegal drug activity or suspected illegal drug activity at the property;

(b) evaluate all information obtained regarding the nature and extent of damage and contamination;

(c) determine the method of illegal drug manufacturing used if applicable;

(d) determine the chemicals involved in illegal drug activity, if applicable;

(e) determine specific locations where processing and illegal drug activity took place or was suspected and where hazardous materials were stored and disposed, if applicable;

(f) use all available information to determine contaminated areas;

(g) develop procedures to safely enter the property in order to conduct a preliminary assessment;

(h) wear appropriate personal protective equipment for the conditions assessed;

(i) visually inspect all portions of the property for evidence of illegal drug activity, including areas outside of any impacted structure to document where stained materials or surfaces are visible, drug production took place, hazardous materials were stored, and the location of burn pits or trash or debris piles;

(j) determine whether the property contains an onsite wastewater system and if the system is contaminated as a result of the illegal drug activity;

(k) determine the locations of the HVAC system components;

(l) conduct and document appropriate testing for corrosives, flammables, combustibles, and toxic atmospheres during the initial entry to the contaminated portion of the property using appropriate instruments such as a LEL/O2 meter, pH paper, PID, FID, or equivalent equipment, if it is a known production site or if visual inspection indicates further testing is necessary;

(m) follow the procedures outlined in the confirmation sampling section of R392-600-7, if methamphetamine sampling is conducted; and

(n) if decontamination is not anticipated due to the lack of supporting evidence of contamination, shall, using the methodology specified in this rule, collect a minimum of four representative samples from each room, with at least one sample coming from the cold air return, to demonstrate that the property does not exceed the decontamination standard.

(5) If the preliminary assessment and confirmation sampling does not reveal the presence of contamination above the decontamination standards specified in this rule, the owner of record or the CDS may request that the property be removed from the list of contaminated properties as specified in Section 19-6-903, provided that:

(a) the owner of record or the CDS submits to the local health department a final report documenting that the preliminary assessment established that the property does not exceed the decontamination standard; and

(b) the local health department determines that the assessment and conclusions contained in the final report establish that no further decontamination work is necessary.

(6) If the preliminary assessment or confirmation sampling reveals the presence of contamination that exceeds the decontamination standards set forth in this rule, and the owner of record desires to have the property removed from the contaminated property list established in Utah Code Section 19-6-903, the owner of record or the CDS shall comply with the decontamination and reporting requirements of this rule and Title 19, Chapter 6, Part 9.

(7) The owner of record shall keep the contaminated portions of the property secure against unauthorized access until the work plan has been submitted, any required permit is issued, and the property has been decontaminated to the standards established in this rule.

 

R392-600-5. Work Plan.

(1) If the certified preliminary assessment indicates that the property exceeds any decontamination standard established in this rule, prior to conducting any decontamination of the property, the owner of record or the decontamination contractor shall submit a written work plan, prepared by the homeowner or a decontamination contractor, to the local health department for review.

(2) The written work plan must indicate by signature the approval of the owner of record and the contracted decontamination contractor, if one has been hired and shall contain:

(a) complete identifying information of the property, including an exterior photograph, the street address where property is located, the mailing address of the owner record, the name of the owner of record, and the county tax or parcel identification number if the property is real property or vehicle identification number if the property is a vehicle;

(b) if retained, the certification information, including number and expiration date, of the CDS who will be performing decontamination services on the contaminated portion of the property;

(c) photographs of the areas that the owner of record or the decontamination contractor plans to decontaminate, including any exterior portions of the property and any disturbed landscaped areas;

(d) a description of the areas the owner of record or the decontamination contractor plans to decontaminate, including any information that may be available regarding locations where illegal drug activity may have occurred;

(e) a description of areas that the owner of record or the decontamination contractor does not plan to decontaminate, including reasons for making that determination;

(f) a description of the contaminants that may be present on the property;

(g) if applicable, results of any testing conducted for corrosive, flammable, combustible, and toxic atmospheres during the initial entry in the contaminated portion of the property;

(h) a description of the personal protective equipment the owner of record or decontamination contractor will wear while in or on the contaminated portion of the property;

(i) a description of the personnel decontamination procedures the owner of record or the decontamination contractor will employ to prevent the spread of contamination;

(j) the health and safety procedures the owner of record or the decontamination contractor will follow while conducting decontamination activities; and

(k) a detailed summary of the decontamination activities the owner of record or the decontamination contractor shall perform based on the findings and conclusions of the Preliminary Assessment. The summary shall include:

(i) all surfaces, materials, or articles the owner of record or the decontamination contractor shall remove and dispose of properly;

(ii) all surfaces, materials, and articles the owner of record or the decontamination contractor shall decontaminate on-site;

(iii) all procedures the owner of record or decontamination contractor shall employ in the decontamination process, including removal procedures;

(iv) an MSDS for the components of any decontamination chemicals or solutions, including any by-products created in using them;

(v) as provided in Subsection 3(4), a list of all personal items of high intrinsic value that will be removed from the property;

(vi) all containment and negative pressure enclosure plans;

(vii) the name and contact information of any subcontractor who may perform any of the planned work on the property;

(viii) the shoring plan, if a structural assessment determined that shoring is necessary, including a written description or drawing that shows the structural supports required to safely occupy the building during decontamination;

(ix) a complete description of the proposed post-decontamination confirmation sampling locations, parameters, techniques, and quality assurance measures;

(x) the names of all CDSs who will collect samples and the certified laboratory that will perform the testing;

(xi) a description of disposal procedures and the anticipated disposal facility; and

(xii) a schedule outlining time frames for steps necessary to complete the decontamination process; and

(xiii) if the owner of record will perform the decontamination activities, a signed commitment from the CDS who will perform the confirmation sampling.

(3) The owner of record shall retain the work plan for a minimum of three years after having completed the decontamination of the property and the requesting the property's removal from the contaminated properties list.

(4) The owner of record or the decontamination contractor shall key, or contain a reference to, all information required to be included in the work plan to the appropriate subsection of this rule.

(5) If the owner of record or the decontamination contractor desires to materially deviate from the written work plan, the owner of record or the decontamination contractor shall revise the written work plan and submit it to the local health department for review prior to implementation. The revised written work plan must indicate by signature the approval of the owner of record and the decontamination contractor if the owner of record retained a decontamination contractor.

 

R392-600-6. Decontamination Requirements.

(1) The owner of record, decontamination contractor, and CDS shall comply with all applicable federal, state, and local law in decontaminating the property. If a CDS is retained, the CDS shall comply with all requirements of R311-500 Illegal Drug Operations Site Reporting and Decontamination Act, Decontamination Specialist Certification Program. No person under age 18 may perform decontamination work.

(2) The owner of record or the decontamination contractor shall be present on the property during all decontamination activities.

(3) The owner of record or the decontamination contractor shall partition areas being decontaminated from the remainder of the structure by placing 4-mil plastic sheeting or equivalent in doorways and other openings before beginning decontamination.

(4) Non-porous fixtures and structural components. All non-porous surfaces of personal property, structural components, and non-structural components identified in the work plan as non-porous and easily cleanable must be decontaminated by either:

(a) Chemical Neutralization-- the owner of record or the decontamination contractor shall use chemical neutralization solutions that comply with the EPA regulations promulgated pursuant to 15 U.S.C. 53, Subsections 2605 (a) (3) and (4); or

(b) Detergent Washing--the owner of record or the decontamination contractor shall wash with a detergent and water solution and thoroughly rinse and repeat this procedure at least two additional times using new detergent solution and rinse water.

(5) Appliance Decontamination.

The owner of record or the decontamination contractor shall remove and properly dispose of all appliances, unless the owner of record or the decontamination contractor demonstrates, based on confirmation sampling, that the appliance, including all internal surfaces, is decontaminated according to the standards of this rule.

(6) HVAC Decontamination.

The owner of record or the decontamination contractor shall:

(a) shutoff and lock out the air handler unit before beginning work on the HVAC system;

(b) remove and decontaminate air diffusers as outlined in this rule or dispose of properly;

(c) connect a fan-powered HEPA filter collection machine to the duct work to draw air through the duct work from the structure toward and through the HEPA filter collection machine;

(d) insert tools such as air lances, mechanical agitators, or rotary brushes into the ducts through openings to facilitate the removal of methamphetamine contaminated materials;

(e) adequately decontaminate or properly dispose of all tools once they have been used;

(f) decontaminate all components of the air handler as required in Subsection (8). If there are interior surfaces of air handler units or duct work that cannot be decontaminated and confirmed to be decontaminated in a manner consistent with this rule, the owner of record or decontamination contractor shall remove and dispose of them properly;

(g) remove and properly dispose of all porous linings or filters in the ventilation system; and

(h) seal off all openings of the ventilation system with at least 4-mil plastic sheeting, or other barrier of equivalent strength and effectiveness, to prevent recontamination until the contaminated portion of the property meets the decontamination standards.

(7) Porous Materials.

(a) Non-structural components: the owner of record or the decontamination contractor shall remove and properly dispose of porous nonstructural components that cannot be decontaminated or cannot be sampled to demonstrate compliance with decontamination standards;.

(b) Structural components: the owner of record or the decontamination contractor shall decontaminate all porous structural components by one of the following methods:

(i) Chemical neutralization--the owner of record or the decontamination contractor shall use chemical neutralization solutions that comply with the EPA regulations promulgated pursuant to 15 U.S.C. 53, Subsections 2605 (a) (3) and (4);

(ii) Detergent Washing--the owner of record or the decontamination contractor shall wash with a detergent and water solution and thoroughly rinse; and repeat this procedure at least two additional times using new detergent solution and rinse water; or

(iii) Encapsulation--if the owner of record or the decontamination contractor demonstrate that after having performed all other decontamination methods, the methods cannot sufficiently decontaminate the component and if not prohibited by the local health department ordinance or regulation, the owner of record or the decontamination contractor may meet the decontamination standards by encapsulating the structural component in place by sealing it with an oil-based paint and describing the encapsulated item in a revised workplan submitted to the local health department for review prior to encapsulation.

(c) Launderable Items: porous materials and items of personal property of the type that can be washed in a clothes washing machine with detergent and water may be laundered on-site with detergent and water in a clothes washing machine on at least a medium agitation setting for the full wash cycle. The porous materials shall be rinsed with water. This procedure shall be repeated at least two additional times using new detergent solution and rinse water. The washing machine must be run with only water and detergent through an additional cycle prior to being used for any other purpose.

(8) Plumbing.

Onsite wastewater system, sewer, and soil--If indicated by the preliminary assessment, the owner of record or the decontamination contractor shall:

(a) decontaminate all parts of the plumbing and onsite wastewater system or remove and dispose of it properly;

(b) if the dwelling is connected to an on-site wastewater system, the owner of record or the decontamination contractor shall cause a sample of the material in the wastewater system tank to be obtained and tested for VOC concentrations in accordance with Subsection 7(12), unless the results of the preliminary assessment indicate that contamination was unlikely to have occurred;

(c) if VOCs are found in any component of the wastewater system at concentrations exceeding the UGWQS or exceeding 700 micrograms per liter for acetone, the following shall be applied:

(i) the owner of record or the decontamination contractor shall remediate the impacted soils to background concentrations or to EPA residential risk based screening concentrations as contained in the document listed in R392-600-9 and shall remediate any groundwater that does not meet UGWQS to concentrations below the UGWQS and below 700 micrograms per liter for acetone; and

(ii) the owner of record or the decontamination contractor shall oversee the proper disposal of the contents of the onsite wastewater system tank and ensure that the tank used to pump, hold, and transport the waste, is rinsed and the rancid is properly disposed; and

(d) the owner of record or the decontamination contractor shall notify the Utah Department of Environmental Quality, Division of Water Quality, if contaminants were released into the soil or groundwater as a result of illegal drug activity or decontamination work.

(9) Burn Areas, Trash Piles and Bulk Wastes.

The owner of record or the decontamination contractor shall remove, and properly dispose of all bulk wastes, burn areas, and trash or debris piles or pits remaining from the illegal drug activity. The owner of record or the decontamination contractor shall remediate contaminated soils to background or EPA residential risk-based screening concentrations as contained in the document listed in R392-600-9, and contaminated groundwater to concentrations at or below the UGWQS and at or below 700 micrograms per liter for acetone.

(10) Vehicles.

If the owner of record or the decontamination contractor determines that a motor vehicle is contaminated and the vehicle cannot be decontaminated in a manner consistent with this rule, the motor vehicle shall be disposed of properly.

(11) Waste Characterization and Disposal.

(a) The owner of record or the decontamination contractor shall:

(i) comply with Hazardous Waste Rules of R315-1 through R315-101, the Solid Waste Rules of R315-301 through R315-320; and the Illegal Drug Operations Decontamination Standards regulate the management and disposal of hazardous waste and contaminated debris generated during decontamination of an illegal drug operation;

(ii) not place for recycling and not reuse waste, impacted materials, or contaminated debris;

(iii) properly dispose of all contaminated items, all items that the owner of record or the decontamination contractor suspect are contaminated but have not tested, and all waste generated during decontamination work;

(iv) decontaminate or properly dispose of all liquid waste, powders, pressurized cylinders and equipment used during illegal drug activity; and

(v) identify all materials and debris that are not a hazardous waste and properly dispose of them.

(b) All impacted materials and contaminated debris that are not determined by the decontamination contractor or owner of record to be a hazardous waste may be considered a solid waste and properly disposed.

(c) The decontamination contractor or owner of record shall comply with all Federal, State, Municipal, County or City codes, ordinances and regulations pertaining to waste storage, manifesting, record keeping, waste transportation and disposal.

(12) Except as provided in Subsection 3(4), if the CDS cannot test an item of personal property or a fixture for contamination and cannot decontaminate the item or fixture, the owner of record or decontamination contractor shall properly dispose of the item as if it were contaminated.

 

R392-600-7. Decontamination Standards and Confirmation Sampling.

(1) Only a CDS may conduct certified confirmation sampling after decontamination to verify that concentrations are below the decontamination standards prior to the submission of a final report. Samples are not required if a contaminated surface has been removed and replaced with new materials, unless there is evidence that the area may have been re-contaminated. All decontaminated areas, materials, 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 in any area of the property, the owner of record or the decontamination contractor shall repeat the decontamination procedures until all areas of the property comply with the decontamination standards specified in Tables 1 and 2.

 

TABLE 1

TOXIC SUBSTANCES DECONTAMINATION STANDARD

SUBSTANCE           LIMIT



Red Phosphorus      Stained material must be cleaned and

                    decontaminated or removed as specified

                    in this rule such that there is no

                    remaining visible residue or staining.

Iodine Staining     Stained material must be cleaned and

                    decontaminated or removed as specified

                    in this rule such that there is no

                    remaining visible residue or staining.

Methamphetamine     Less than or equal to 1.0 microgram per

                    100 square centimeters for a discrete

                    sample or less than or equal to

                    1.0 microgram, regardless of total area

                    sampled, for a composite sample.

Corrosives          Surface pH greater than or equal to 6,

                    and less than or equal to 8.

 

(3) The CDS shall conduct sampling and testing for all of the metals listed in Table 2 if there is clear evidence that these metals were involved in the illegal drug activity.

 

TABLE 2

METALS DECONTAMINATION STANDARD

METAL               LIMIT



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.

The CDS shall:

(a) photograph all sample locations in such a way that the location is easily identifiable and include the photographs with a description of each photograph in the final report;

(b) obtain all samples from areas representative of the materials or surfaces being sampled or decontaminated. The CDS shall bias samples toward areas where contamination is suspected or confirmed or was known to be present prior to decontamination as outlined in R392-600-7 - Subsection 7;

(c) collect discrete samples from contaminated areas. The CDS may conduct composite sampling if approved by the local health department. The local health department may allow composite sampling only if evidence suggests that the contamination is dispersed throughout a given area and the composite sample will accurately represent the conditions in the drug activity premises. The total result of the composite sample determines the level of contamination regardless of the number of areas sampled and without dividing the result by the total number of samples taken;

(d) obtain, preserve, handle, and maintain all samples under chain-of-custody protocol in accordance with industry standards for the types of samples and analytical testing conducted;

(e) decontaminate all reusable sampling equipment prior to using it to collect another sample; and

(f) properly equip and calibrate all testing equipment for the types of compounds being analyzed.

(5) Procedures for discrete samples.

The CDS conducting the sampling shall adhere to the following:

(a) attach a disposable template to the sampling area, being careful not to touch the area within the template. The sample area shall be 100 square centimeters in a 10 centimeter by 10 centimeter configuration. The configuration of the template may vary to accommodate the sample area. An outline of the template may be drawn on the sample area;

(b) use a new template for each sample location;

(c) use a pair of single-use latex or nitrile gloves to collect each sample. Vinyl gloves shall not be used;

(d) for all sampling use cotton gauze, either 12-ply, 3 inches by 3 inches or 8-ply, 4 inches by 4 inches from unopened, uncontaminated packages until used on the premises;

(e) fold the sample media in half twice and wet with 2-3 milliliters of 99-100% isopropyl alcohol or methanol, then lightly squeeze out the excess liquid;

(f) press firmly on the sample media, but not excessively, being careful to not touch the sample surface; and

(g) perform wipe samples using the perpendicular method as described below:

(i) wipe the entire sample area with five overlapping side-to-side horizontal passes beginning at the top and progressing to the bottom in a "Z" pattern. The entire sample area shall be completely wiped once. A blotting technique in a "Z" pattern may be used for rough areas. When using the blotting technique, blot five times on each horizontal pass.

(ii) without allowing the sample media to touch any other surface, reverse the fold in the sample media so that the collection side is facing inward.

(iii) using the fresh side of the same sample media, wipe the area again with five overlapping bottom-to-top vertical passes beginning at the left side and progressing to the right in an "N" pattern. The entire sample area shall be completely wiped once. If blotting, blot five times on each vertical pass.

(iv) fold the gauze again and seal each wipe sample in a clean, new, air-tight, disposable sample container. Recommended containers are 50 milliliter polypropylene disposable centrifuge tubes or 40 millimeter V.A. glass vials. Samples shall not be placed directly in plastic bags. Label each vial to correspond with field notes, detailing sample location, date, and time.

(v) submit one sample media blank for every batch of 15 samples collected, or portion thereof, per day, per location. Prepare each blank by wetting the sample media with 2-3 milliliters of 99-100% isopropyl alcohol or 99-100% methanol then follow the steps outlined in Subsection (iv). Label the blanks as if they were samples.

(vi) submit all samples, blanks, and three unopened sample media used in that property's sample collection to a certified laboratory for analysis for the presence and quantity of methamphetamine.

(6) Procedures for Composite Samples.

In collecting composite samples, the CDS shall follow the same procedure outlined in Subsection (4) with the following exceptions:

(a) the CDS shall not include more than four surfaces in a composite sample;

(b) CDS shall only include similar surfaces in the same room in a single composite sample;

(c) a separate and new sample media shall be used for each type of surface sampled;

(d) the same template may be used for all areas from which a composite sample is taken;

(e) a single pair of gloves may be used to collect each sample that will be part of a composite sample. A new pair of gloves shall be used for each composite sample; and

(f) the CDS shall place all individual samples that comprise the composite sample in one sample container.

(7) Sample Collection Locations.

The CDS shall:

(a) wipe four discrete sample surfaces or one composite area of four 10 centimeters by 10 centimeter areas (100 square centimeters) from each room:

(i) for preliminary assessment sampling, where illegal drug activities are suspected to have occurred; and

(ii) for post decontamination confirmation sampling, where decontamination activities were preformed;

(b) obtain the four samples from four separate nonporous surfaces of each room;

(c) collect samples representative of the decontaminated areas;

(d) if present, sample from painted drywall, sealed wood, or metal surfaces;

(e) if painted drywall, sealed wood, or metal surfaces are not available, sample from unpainted drywall, unsealed wood, and tile, and glass;

(f) in addition to the room samples, sample four discrete locations or four 10 centimeter by 10 centimeter areas (100 square centimeters) to represent a composite sample from different areas of the HVAC system; however, if the HVAC system serves more than one unit or structure, the CDS shall progressively collect from the distribution system as well as the corresponding areas that it serves until the contamination is determined to be below the decontamination standards established in this rule;

(g) if an appliance is present, take one discrete sample from the exposed surface of the appliance and if multiple appliances are present, take a composite sample of up to four appliances, with each sample area consisting of a 10 centimeter by 10 centimeter area (100 square centimeters); and

(h) in other enclosed spaces where illegal drug activities are suspected to have occurred, wipe sample four discrete sample areas or one composite sample consisting of four areas from the surfaces most likely to be contaminated.

(8) Corrosives testing procedures, if indicated.

The CDS shall measure surface pH on horizontal surfaces of at least three locations in each room within the contaminated areas using deionized water and pH test strips as follows:

(a) record the pH reading for each sample location;

(b) use pH test strips capable of providing a visual indication and measuring the allowable limits in Table 1; and

(c) apply deionized water to the surface and allow the deionized water to stand for at least three minutes, then place the pH test strip in the water for a minimum of 30 seconds before reading.

(9) Lead sampling and testing procedures, if indicated.

The CDS shall:

(a) use cotton gauze 12-ply, 3 inches by 3 inches from unopened, uncontaminated packages used on the premises;

(b) wet the sample media with analytical grade 3 percent nanograde nitric acid;

(c) blot or wipe using the perpendicular method described in Subsections(5)(g)(i) through (iv);

(d) take a composite sample in each room within the contaminated area; and

(e) deliver the sample container to a certified laboratory that uses EPA Method 6010B or an equivalent method approved by the Utah Department of Health.

(10) Mercury sampling and testing procedures, if indicated.

The CDS shall:

(a) use a properly calibrated mercury vapor analyzer to evaluate the decontaminated areas for the presence of mercury;

(b) record all mercury readings for each sample area;

(c) test at least three locations in each room suspected of being contaminated, holding the testing equipment probe in the sample location for at least 30 seconds to obtain a reading; and

(d) test all accessible plumbing traps for mercury by holding

the testing equipment probe in the plumbing pipe above the trap for at least 60 seconds.

(11) Onsite wastewater system sampling and testing procedures.

The CDS shall:

(a) sample the liquid in the septic tank with a new clean bailer or similar equipment;

(b) decant or pour the liquid with minimal turbulence into three new VOA vials properly prepared by the certified laboratory;

(c) fill the VOA vials so that there are no air bubbles in the sealed container; if air bubbles are present, empty the vial and refill;

(d) properly label the sample vials properly with the date, time, and sample location; and

(e) have the sample analyzed by a certified laboratory using EPA Method 8260 or equivalent.

(12) Confirmation sampling by local health departments.

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

 

R392-600-8. Final Report.

(1) The owner of record or the decontamination contractor shall prepare a final report upon completion of decontamination activities and submit the report to the local health department of the county in which the property is located for review. A CDS shall not prepare or sign a final report for a property unless the CDS was involved in preparing and implementing the work plan.

(2) The owner of record shall retain the report for a minimum of three years.

(3) The final report shall include the following information and documentation:

(a) complete identifying information as required for work plan;

(b) if applicable, the name and certification number of the decontamination contractor who performed the decontamination activities on the property;

(c) a detailed description of the decontamination activities conducted on the property;

(d) a description of all deviations from the work plan, including all areas that were not successfully decontaminated and were encapsulated according to R392-600-6-(7)(b)(iii);

(e) photographs showing each of the sample locations,

(f) a drawing or sketch of the property, clearly labeling all sample locations;

(g) a copy of all test results performed by a certified laboratory and, if applicable, test results for VOCs, corrosives, and mercury;

(h) a written discussion interpreting the test results for all analytical testing on all samples;

(i) a copy of the analytical laboratory test quality assurance data on all samples submitted to a laboratory and a copy of the chain-of-custody protocol documents;

(j) a summary of the waste characterization work, any waste sampling and testing results, and transportation and disposal documents, including bills of lading, weight tickets, and manifests for all materials removed from the property;

(k) a written discussion and tables summarizing the confirmation sample results with a comparison to the decontamination standards outlined in this rule; and

(l) an affidavit from the CDS, confirming that the property has been decontaminated to the standards outlined in this rule;

(m) a confirmation sampling affidavit prepared and signed by a CDS confirming that confirmation sampling procedures were followed as specified in Section 7, that the confirmation sample analytical data is valid and that the confirmation sampling analytical data indicates that the decontamination standards in Section 7 have been met.

(4) The owner of record or the decontamination contractor submitting the final report shall key all required information to, or contain a reference to, the appropriate subsection of this rule.

 

R392-600-9. Reference.

The document: U.S. Environmental Protection Agency. Region 9: Superfund Preliminary Remediation Goals (PRG) Table, October 2008, is adopted by reference.

 

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; 26-1-30(2)(a), (b), (c), and (d)