HB 4866

HOUSE BILL NO. 4866
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 54d.
the people of the state of michigan enact:
PART 54D
RENOVATION, REPAIR, AND PAINTING
Sec. 5494. (1) The
department shall administer this part and may promulgate rules for its
implementation and enforcement or to adopt revisions of standards adopted by
reference under this part.
(2) Except as otherwise modified or rejected by this part or rules
promulgated under this part, the standards of 40 CFR 745, subpart E are
incorporated by reference.
(3) Sections 745.81, 745.87, 745.88(a) and (b), and 745.91 of the
standards of 40 CFR 745, subpart E are not incorporated by reference.
(4) The following modifications are made to the standards of 40 CFR 745,
subpart E as incorporated by reference under subsection (2):
(a) Where "EPA" or "an EPA authorized state or tribal
program" appears, it refers to the department.
(b) Where "electronic" or "electronically" appears,
omit.
(c) On the date the United States Environmental Protection Agency authorizes
the department to enforce renovation, repair, and painting under this part, if
a firm has an active certification issued by the United
States Environmental Protection Agency to train certified renovators or
dust sampling technicians or to renovate target housing and child-occupied
facilities as those terms are defined in 40 CFR 745.83, that firm may train
students or perform renovations under this part until the expiration of that certification.
In all other instances, a certification issued by the United States
Environmental Protection Agency to train students or renovate target housing
and child-occupied facilities as those terms are defined in 40 CFR 745.83 does
not allow a firm to perform renovations under this part.
(d) Where "dust-lead action levels" appears, it means the
following levels of lead in dust on the following surfaces:
(i) For floors, not
more than 5 micrograms per square foot.
(ii) For interior
windowsills, not more than 40 micrograms per square foot.
(iii) For window
troughs, not more than 100 micrograms per square foot.
(e) The department may modify the dust-lead action levels under
subdivision (d) by rule. If the department modifies the levels by rule, the
levels must be at least as protective as dust-lead action levels established by
the United States Environmental Protection Agency.
(f) Any local standards applicable to dust-lead action levels must be at
least as protective as the department's dust-lead action levels.
(g) Notwithstanding 40 CFR 745.90(c)(1), when performing optional dust
clearance sampling under 40 CFR 745.85(c), a certified dust sampling technician
shall do all of the following:
(i) After a renovation,
perform a visual inspection to determine if deteriorated painted surfaces or
visible amounts of dust, debris, or residue are still present. If deteriorated
painted surfaces or visible amounts of dust, debris, or residue are present,
these conditions must be eliminated before the continuation of the postrenovation
testing procedures.
(ii) After the
visual inspection and any postrenovation cleanup required under subparagraph (i), conduct a postrenovation sampling for
lead in dust. Postrenovation sampling may be conducted by employing
single-surface sampling techniques.
(iii) Collect dust
samples in accordance with this subdivision, send the collected samples to a
laboratory recognized by the department, and compare the results to the
dust-lead action levels under subdivision (d) or (e).
(iv) For postrenovation
testing, take dust samples using documented methodologies that incorporate
adequate quality control procedures.
(v) For
postrenovation testing, take dust samples not less than 1 hour after completion
of final postrenovation cleanup activities.
(vi) Conduct the
following postrenovation testing activities as appropriate based on the extent
and manner of renovation activities conducted on a residential dwelling or
child-occupied facility:
(A) Samples from the rooms, hallways, or stairwells of the dwelling or
facility must be selected according to documented methodologies.
(B) Compare the residual lead level, as determined by laboratory
analysis, from each single surface dust sample with dust-lead action levels
under subdivision (d) or (e) for lead in dust on floors, interior windowsills,
and window troughs. If the residual lead level in a single surface dust sample
equals or exceeds the applicable dust-lead action level, the components
represented by the failed sample must be recleaned and retested.
(h) The following training programs and associated fees under 40 CFR
745.92 are omitted:
(i) Combined
renovation and lead-based paint activities firm application.
(ii) Combined renovation
and lead-based paint activities tribal firm application.
(iii) Tribal firm.
(i) A training program's accreditation, including a refresher training
accreditation, issued in accordance with the standards of 40 CFR 745, subpart E
incorporated by reference under subsection (2), expires 4 years after the
accreditation's date of issuance.
Sec. 5495. (1) A
person that violates this part or a rule promulgated under this part is subject
to an administrative fine that is not greater than the following amounts for
each violation or each day that a violation continues:
(a) For a first violation, $5,000.00.
(b) For a second violation, $8,000.00.
(c) For a third or subsequent violation, $13,000.00.
(2) If the department has reasonable cause to believe that a person has
violated this part or a rule promulgated under this part, the department may
issue a citation at that time or not later than 180 days after discovery of the
alleged violation. The citation must be written and state with particularity
the nature of the violation as provided for by the administrative procedures
act of 1969. An alleged violator may request an administrative hearing under the
administrative procedures act of 1969.
(3) A person that willfully or repeatedly violates this part or a person
that fails to correct a violation after notice from the department under this
part is guilty of a misdemeanor punishable by a fine of not more than $5,000.00.
For a second or subsequent violation of this subsection, a person is guilty of
a misdemeanor punishable by a fine of not more than $10,000.00, or imprisonment
for not more than 6 months, or both.
Sec. 5496. The
legislature shall annually appropriate to the department an amount sufficient
to administer and enforce this part. These funds must be offset by funds
received from federal agencies in the form of grants or other funding
provisions. All funds generated by this part must be deposited into the general
fund to be used exclusively by the department to carry out the duties and
responsibilities of this part. The department shall use the fees collected under
this part and funds appropriated by the legislature to conduct compliance
activities that ensure the quality of training and protection of workers' and
public health and safety. Such compliance activities include, but are not
limited to, unannounced inspections of renovation project sites.