WEBINAR Transcript- Lead based paint_2023-11-06.docx

0:0:0.0 --> 0:0:2.50 Christman Suzanne Start recording and transcription.

0:0:3.670 --> 0:0:4.990 Christman Suzanne What are you know, OK?

0:0:11.260 --> 0:0:14.200 Christman Suzanne Well, transcription is simultaneous.

0:0:16.150 --> 0:0:16.410 Ryan Barker Awesome.

0:0:17.820 --> 0:0:19.900 Christman Suzanne OK, well.

0:0:21.720 --> 0:0:24.710 Christman Suzanne Good morning and thank you for joining us.

0:0:26.810 --> 0:0:33.470 Christman Suzanne I you are in an informational webinar for the organ LED based.

0:0:36.490 --> 0:0:37.390 Christman Suzanne Paint hazards.

0:0:39.100 --> 0:0:49.470 Christman Suzanne Program paint program for the Organ buys opportunity S-4430 Zero dash 00005742.

0:0:49.480 --> 0:0:50.670 Christman Suzanne Thank you for your time.

0:0:51.80 --> 0:1:18.310 Christman Suzanne We are going to be providing the information about this solicitation opportunity in Oregon buys and some regular background on the opportunity and clarify details that are specific to this state regulation and at the end there will be an opportunity to ask any questions you'll be able to ask questions through different segments of this presentation as well and we'll go to the next slide.

0:1:18.380 --> 0:1:26.170 Christman Suzanne My name is Suzanne Chrisman, and I am with the Oregon Department of Human Services.

0:1:28.500 --> 0:1:39.830 Christman Suzanne On the organ, health authorities contracts team and for this webinar we are going to record it and if you would like, you can turn on your camera.

0:1:40.20 --> 0:1:41.370 Christman Suzanne If not, that's OK.

0:1:41.540 --> 0:1:48.10 Christman Suzanne If you're calling in and you would like to ask a question, please email that to me.

0:1:48.20 --> 0:2:0.160 Christman Suzanne I'm that what's called this sole point of contact and my email will be on this next slide and it will also be in the solicitation opportunity.

0:2:0.770 --> 0:2:1.820 Christman Suzanne So next slide.

0:2:4.130 --> 0:2:6.630 Christman Suzanne And here we go.

0:2:6.780 --> 0:2:8.50 Christman Suzanne We're going to just dive right in.

0:2:9.440 --> 0:2:18.330 Christman Suzanne This solicitation has organ buys, uses verbiage that maybe you're not as familiar with if you've.

0:2:19.60 --> 0:2:28.580 Christman Suzanne I participated in other solicitation opportunities with the state, so it I'm just gonna let you know what they are.

0:2:28.650 --> 0:2:29.560 Christman Suzanne You are.

0:2:29.620 --> 0:2:35.600 Christman Suzanne You will see the term supplier which is synonymous with vendor contractor.

0:2:35.730 --> 0:2:44.200 Christman Suzanne If you're the proposal, or if you're the applicant, so that would be those of you who are interested in applying for this opportunity.

0:2:44.960 --> 0:2:58.250 Christman Suzanne Additionally, there is of the word bid, which is also considered your quote or your proposal, or whatever documents that through this opportunity that you're going to be loading.

0:2:58.380 --> 0:3:7.480 Christman Suzanne So the organ buys is our E procurement system that formerly was called or PIN.

0:3:7.810 --> 0:3:13.840 Christman Suzanne And so this is our transparency program for picture meant for the state of Oregon.

0:3:13.850 --> 0:3:15.100 Christman Suzanne Go ahead and do it the next slide.

0:3:17.130 --> 0:3:44.660 Christman Suzanne The so for this opportunity it is required for you to apply in Oregon buys for you to be able to submit an application and you will find that at this website https://oregonbuys.gov/BSO/ we invite you to register as soon as possible.

0:3:44.670 --> 0:3:56.710 Christman Suzanne Once you register and you'll be able to upload your application documents with the solicitation please next slide.

0:3:59.700 --> 0:4:2.230 Christman Suzanne This is the website for Oregon buys.

0:4:2.240 --> 0:4:2.600 Christman Suzanne What?

0:4:2.610 --> 0:4:16.310 Christman Suzanne That that you will see when you first go to that website that I just spoke about and you'll see in the upper right hand corner, you'll either register or you will sign in if you are already registered.

0:4:18.130 --> 0:4:19.0 Christman Suzanne Next slide.

0:4:19.390 --> 0:4:20.240 Christman Suzanne Ohh, I'm sorry.

0:4:20.730 --> 0:4:21.390 Christman Suzanne Please go back.

0:4:23.450 --> 0:4:52.290 Christman Suzanne Umm, if you are just browsing this opportunity, there is a search bar you'll see on the very top actually below the browser bar and that is where you can type in the opportunity number and that is S-44300-00005742.

0:4:52.300 --> 0:4:56.940 Christman Suzanne So you'll look in there, you'll see it says bid solicitation.

0:4:57.150 --> 0:5:7.560 Christman Suzanne Once you type in your opportunity number and you, you will press the magnifying glass and then that will pop up the opportunity.

0:5:7.570 --> 0:5:10.240 Christman Suzanne Notice next slide please.

0:5:15.350 --> 0:5:20.30 Christman Suzanne And this is what you will see when you type in that bid solicitation number.

0:5:21.720 --> 0:5:37.890 Christman Suzanne So I'm just going to let you know what this page is, so you'll see I have a highlighted in yellow, a date on the right hand side it says bid opportunity date and that date is uh.

0:5:37.930 --> 0:5:38.340 Christman Suzanne Excuse me?

0:5:38.350 --> 0:5:39.640 Christman Suzanne It says bid opening date.

0:5:39.650 --> 0:5:47.590 Christman Suzanne Pardon me, that date is actually the date this opportunity closes, so it closes in 2025.

0:5:48.460 --> 0:5:53.0 Christman Suzanne So you have some time, but please don't take that time anyway.

0:5:53.470 --> 0:5:55.630 Christman Suzanne Umm, the top part of this?

0:5:57.710 --> 0:6:4.900 Christman Suzanne Picture has the basic information of who's requesting this opportunity.

0:6:5.610 --> 0:6:15.200 Christman Suzanne If you look in the next little highlighted section, it'll say file attachments and those are the attached documents.

0:6:15.210 --> 0:6:21.110 Christman Suzanne The opportunity notice is the first line at this moment, then it has.

0:6:23.580 --> 0:6:39.480 Christman Suzanne Other documents that you'll want to upload because most all of those documents, the attachments you will need to provide with your umm, application and then and the application is also.

0:6:39.550 --> 0:6:43.270 Christman Suzanne So one of those documents.

0:6:45.940 --> 0:6:46.910 Christman Suzanne Next slide please.

0:6:50.160 --> 0:7:10.820 Christman Suzanne The second picture is the rest of the page and you will see that I have highlighted amendments and that page right there or that section will give you a summary of what has been amended in the opportunity.

0:7:10.970 --> 0:7:17.620 Christman Suzanne So for instance, we chose to have this informational webinar, so that was.

0:7:19.770 --> 0:7:20.450 Christman Suzanne Number one.

0:7:22.270 --> 0:7:28.760 Christman Suzanne And then it gave and then amendment #2 I had listed the wrong day.

0:7:29.980 --> 0:7:34.460 Christman Suzanne So we had a correction to that and you'll see that that's the summary of it.

0:7:34.640 --> 0:7:42.970 Christman Suzanne And then any attachments from those umm amendments will be noted in the in that summary as well.

0:7:44.590 --> 0:7:45.190 Christman Suzanne Next slide.

0:7:51.890 --> 0:7:52.320 Christman Suzanne

OK.

0:7:53.90 --> 0:7:57.490 Christman Suzanne When you were in Oregon buys, I wanted to bring you to this.

0:7:58.110 --> 0:8:1.390 Christman Suzanne Umm to give you notice on this.

0:8:2.950 --> 0:8:7.520 Christman Suzanne Tab each opportunity has several tabs.

0:8:7.530 --> 0:8:15.600 Christman Suzanne You'll see that I have highlighted one called the items tab and item number 3.

0:8:16.860 --> 0:8:19.660 Christman Suzanne You'll see that. Umm.

0:8:22.210 --> 0:8:33.790 Christman Suzanne They there is on your view when you log in to this opportunity, you'll see that it has a blue check box.

0:8:33.800 --> 0:8:36.100 Christman Suzanne If you'll go to the next slide, I'll show you that.

0:8:38.400 --> 0:8:49.210 Christman Suzanne So this particular line item organizes new well, it's two years old, but it's new because it's such a different system and we're all learning it.

0:8:49.220 --> 0:8:54.190 Christman Suzanne Us as contract writers and you as vendors slash suppliers.

0:8:54.520 --> 0:9:14.210 Christman Suzanne So on this particular item row, you will need to minimally enter $1.00 under where I say unit cost so that it unchecks that box and your application will be able to upload.

0:9:17.600 --> 0:9:19.710 Christman Suzanne For that, for this opportunity.

0:9:20.0 --> 0:9:27.810 Christman Suzanne So there was no way for me to correct this unless we reposted the entire opportunity.

0:9:27.820 --> 0:9:39.240 Christman Suzanne So when you are uploading and you're going through this, you will have to put $1.00 under unit cost and that will automatically uncheck that box.

0:9:39.570 --> 0:9:42.520 Christman Suzanne And then please make sure you save and continue.

0:9:42.530 --> 0:9:44.30 Christman Suzanne There's that highlighted button there.

0:9:46.70 --> 0:9:46.950 Christman Suzanne So next slide.

0:9:52.230 --> 0:9:57.390 Christman Suzanne These are some great resources for you to be able to, umm.

0:9:58.30 --> 0:9:59.20 Christman Suzanne Go to.

0:9:59.110 --> 0:10:1.590 Christman Suzanne I'm this first.

0:10:3.490 --> 0:10:11.650 Christman Suzanne Link is a page from the Organ Vice project and it will have all sorts of uh supplier information.

0:10:11.660 --> 0:10:14.190 Christman Suzanne Supplier member you're also called a supplier.

0:10:14.200 --> 0:10:14.740 Christman Suzanne You're a vendor.

0:10:15.520 --> 0:10:18.840 Christman Suzanne It will have the document listed below.

0:10:21.30 --> 0:10:26.0 Christman Suzanne The in this next link there will be a document to help you submit a solicitation.

0:10:26.450 --> 0:10:35.960 Christman Suzanne There's also a quick legislation registration guide right here in the link, and there is email support.

0:10:36.80 --> 0:11:6.740 Christman Suzanne It's also here on this tab, and if you have any questions about the RFA process request for application, then you can and let me know right here at my at my email address, but it's it's gonna take you some time to learn this organ by system, so I would definitely suggest that you contact support which is this umm 800 number 8558 hundred 5046.

0:11:6.830 --> 0:11:9.940 Christman Suzanne You can email them, but they are really good.

0:11:9.950 --> 0:11:12.210 Christman Suzanne They will walk you through the whole process if you need to.

0:11:14.290 --> 0:11:14.990 Christman Suzanne Next slide.

0:11:18.120 --> 0:11:19.370 Christman Suzanne So we have questions.

0:11:19.380 --> 0:11:26.770 Christman Suzanne I don't see that anybody's here to answer anything, so we will go on.

0:11:32.540 --> 0:11:33.250 Ryan Barker All right.

0:11:33.480 --> 0:11:34.430 Ryan Barker Thanks, Suzanne.

0:11:34.440 --> 0:11:36.270 Ryan Barker So I'm Ryan Barker.

0:11:36.280 --> 0:12:9.830 Ryan Barker I'm with the Oregon health authorities lead based paint program and I'm here today to talk a bit about the regulatory authority the and some of the Oregon administrative rules around this opportunity and to provide some definitions and some clarifications and then also talk more about how our state rule differs or include some additional stringency requirements that are above the Environmental Protection agencies lead based paint laws and regulations.

0:12:11.280 --> 0:12:27.460 Ryan Barker So I will try to define those as as clearly as I can, and then we will also also show this the screenshots for the the statutory authorities and the the Oregon Administrative rules.

0:12:27.470 --> 0:12:38.630 Ryan Barker And you can also look at those websites and find more information that will be helpful going forward if you intend to apply for this opportunity.

0:12:41.80 --> 0:13:3.310 Ryan Barker So is is most of, you know, likely the Oregon health authorities lead based paint program is authorized by the Environmental Protection Agency to administer both the lead renovation, repair and painting and the lead based paint activities programs, statutory statutory authority to regulate lead based paint activities and renovations as defined in the Oregon Administrative Statutes or Oregon revised statutes.

0:13:3.940 --> 0:13:12.240 Ryan Barker The program primarily refers to EPA rules by reference, meaning that they are mostly identical and are the same stringency as those under the EPA.

0:13:13.270 --> 0:13:28.990 Ryan Barker However, OHA has identified regulatory gaps in these regulations and in 2020 our program developed a legislative concept that would allow the program to require remediation of lead based paint hazards that were created from renovations or abatement work that violated these rules.

0:13:30.880 --> 0:13:48.400 Ryan Barker So what I'm going to do first is go into a scenario that will kind of just describe the kind of beginning and end stage for the most part of this, this, this new piece of legislation and the rules and everything.

0:13:48.660 --> 0:13:58.860 Ryan Barker Before I then go into the regulations and go into more details around those, so I'm going to just present a scenario here and then kind of walk through the different steps of how this would play out.

0:14:2.0 --> 0:14:19.290 Ryan Barker So as as most of us here know, the responsibilities of certified renovators, abatement workers and supervisors includes, among other things, using lead safe work practices, maintaining containment to ensure dust and debris do not leave the worksite, and verifying that the work site is clean before the job is finished.

0:14:20.140 --> 0:14:30.820 Ryan Barker Containment consists of plastic or other impermeable material that keeps dust and debris from leaving the work area and contaminating other areas of the home or the yard, or migrating to other adjacent properties.

0:14:31.840 --> 0:14:44.360 Ryan Barker Certain work practices are prohibited, like open flame burning heat guns above 1100 degrees, and the use of power tools without high efficiency particulate or HEPA exhaust control and shrouds.

0:14:45.340 --> 0:14:53.860 Ryan Barker Clean up includes verifying that the site is clean, either by use of an EPA cleaning verification card for renovation projects or through clearance dust.

0:14:53.870 --> 0:14:55.730 Ryan Barker Wipe sampling for abatement work.

0:14:56.260 --> 0:15:1.390 Ryan Barker All of these pictures represent all of the different lead safe work practices that I just mentioned.

0:15:1.780 --> 0:15:13.790 Ryan Barker The top pictures show different types of containment and signage that are required, and the bottom left picture shows a person using a Sander with a HEPA attachment into a vacuum.

0:15:13.800 --> 0:15:14.620 Ryan Barker A sealed HEPA vacuum.

0:15:15.860 --> 0:15:33.220 Ryan Barker And then next, we have an individual doing visual inspection for dust and debris before doing the cleaning verification which is under the renovation, repair and painting rule, or the dust wipe sampling for clearance which is required after lead abatement projects.

0:15:35.480 --> 0:15:38.990 Ryan Barker Such as some additional descriptions of some of these.

0:15:39.0 --> 0:15:40.250 Ryan Barker Let's safe work practices.

0:15:40.660 --> 0:15:50.290 Ryan Barker The most important one of all, of course being containment, which is the system of a temporary barriers used to isolate a work area so that no dust or debris escapes while the renovation is being performed.

0:15:51.40 --> 0:15:56.710 Ryan Barker This is a slide from the RRP course, but it also is relevant for lead abatement projects as well.

0:15:57.260 --> 0:16:10.30 Ryan Barker This picture shows exterior containment which was used probably because the property line did not go 10 feet and so because of that 10 foot requirement.

0:16:10.300 --> 0:16:19.40 Ryan Barker If it's less than 10 feet, the firm, the renovation firm or Bateman firm is required to use vertical containment to contain all the dust and debris from that work.

0:16:20.350 --> 0:16:24.610 Ryan Barker And as it's stated in that last bullet, containment as required for this kind of work.

0:16:26.310 --> 0:16:36.980 Ryan Barker Along with that, we were required to use signage and this make sure this is to ensure that the public and the tenants or the residents and pets and children do not go into the work area.

0:16:36.990 --> 0:16:38.810 Ryan Barker So it's really important that signage is used.

0:16:41.240 --> 0:16:46.330 Ryan Barker And then just some additional pictures of what exterior, interior and exterior containment should look like?

0:16:46.380 --> 0:16:48.230 Ryan Barker Give us some kind of best case scenarios.

0:16:48.890 --> 0:16:59.520 Ryan Barker I'm showing the door containment on the left and then the right shows exterior containment with that 10 foot plastic sheeting out and then barrier tape to make sure that the public stays out of the work site.

0:17:1.410 --> 0:17:7.260 Ryan Barker So these are, you know, the let's say, uh, work practices that are required for renovation and abatement projects.

0:17:7.270 --> 0:17:8.780 Ryan Barker That are very similar to each other.

0:17:9.290 --> 0:17:12.80 Ryan Barker This is what is expected and required under the rules.

0:17:12.730 --> 0:17:18.810 Ryan Barker So in the instances of when these rules are violated, then let's say work practices are not used.

0:17:19.700 --> 0:17:21.510 Ryan Barker What happens then?

0:17:21.520 --> 0:17:42.970 Ryan Barker Is uh OHA or say, the construction contractors board might get a complaint from a member of the public or a tenant or homeowner or whoever, and then one of the state agencies can actually investigate and inspect the site and identify and document any violations that may have occurred.

0:17:44.110 --> 0:17:54.430 Ryan Barker And from there, the idea is that these documented violations will help kind of determine the next steps of what should happen after this point.

0:17:55.240 --> 0:18:2.710 Ryan Barker So up until we we received this new statutory authority, which I'll talk about in a minute.

0:18:3.10 --> 0:18:12.540 Ryan Barker The only things that we were able to do prior to this was issue civil penalties for any kind of violations for the lead based paint rules.

0:18:13.300 --> 0:18:22.220 Ryan Barker This did not allow us to require cleanup or remediation of any of these hazards, lead based paint hazards that were identified from the work that was performed.

0:18:23.370 --> 0:18:34.480 Ryan Barker So this was part of what I mentioned earlier where our rules reflect and and you know basically look mirror exactly what our under Epas lead based paint rules.

0:18:34.850 --> 0:18:40.300 Ryan Barker But because of that, we identified some regulatory gaps, this being one of them that we felt like in Oregon.

0:18:40.310 --> 0:18:48.320 Ryan Barker We wanted to take the next step and actually require responsible party to remediate those lead based paint hazards if they were responsible for creating them.

0:18:53.310 --> 0:19:2.520 Ryan Barker So this these pictures just show a few kind of examples of what this is, what looks like or will look like whenever this is implemented.

0:19:2.730 --> 0:19:4.740 Ryan Barker So under this new statutory authority.

0:19:4.750 --> 0:19:15.630 Ryan Barker Ohca can order responsible party to obtain a risk assessment and abate or control any lead based paint hazards that are identified that were reasonably created by the work that violated was rules or statutes.

0:19:16.990 --> 0:19:21.630 Ryan Barker This is the next part which is really important and This is why we're here today to talk about this and this opportunity.

0:19:22.90 --> 0:19:34.110 Ryan Barker If the responsible party refuses or does not comply with the timeframe set in the order, Ohca can contract with a third party to perform the risk assessment and abatement or hazard control of any lead based paint hazards.

0:19:36.200 --> 0:19:40.550 Ryan Barker And then additionally, OHA can also order that all the work be stop.

0:19:40.690 --> 0:19:42.900 Ryan Barker Issue A stop work order if it is deemed unsafe.

0:19:44.230 --> 0:20:4.230 Ryan Barker So again, just going back to that last sentence, if the responsible party refuses or does not comply with the order, we can actually contract with a third party to get that risk assessment to identify any lead based paint hazards and then remediate those either through lead abatement, uh or interim controls, which I'll discuss here in a few minutes.

0:20:6.960 --> 0:20:16.310 Ryan Barker So now that I've set up a scenario, now what I'm going to do is go through some of the background to get a better sense of where this came from and also to give you some screenshots.

0:20:17.160 --> 0:20:25.320 Ryan Barker Uh, for the the rules and the regulations that they you can go into them and look, look at them for more details and for more clarification if you would like.

0:20:28.990 --> 0:20:29.320 Ryan Barker

OK.

0:20:29.330 --> 0:20:38.920 Ryan Barker So just a little bit of a brief history about this lead based paint law which which the rules at the bottom of this screen did become effective last year actually in February 2022.

0:20:40.30 --> 0:20:46.140 Ryan Barker However, like I mentioned, it did start off as a legislative concept in 2020 when we identified that regulatory gap.

0:20:46.390 --> 0:20:47.790 Ryan Barker And then it became a House bill.

0:20:47.800 --> 0:21:6.40 Ryan Barker When the 2021 legislative session, so after passing that law in 2021, then OHSAS lead based paint program, which is US had to write the rules for the new statutory authorities, which are found in that ORS 431 A which is the screen shot at the top.

0:21:6.130 --> 0:21:21.910 Ryan Barker You can see these statutory authorities that basically to describe what ohca the lead based paint program can do and then the Oregon Administrative rules further detail out define and clarify what all these different authorities and everything encompass.

0:21:22.680 --> 0:21:32.670 Ryan Barker And this rule is called remediation of lead based paint hazards and target housing and child occupied facilities, which I probably don't need to go into the definition because most of you should know at this point.

0:21:32.680 --> 0:21:41.820 Ryan Barker But target housing is pre 78 housing as well as child occupied facilities, so we're only talking about pre 78 housing or child occupied facilities.

0:21:41.830 --> 0:21:45.0 Ryan Barker Anything 1978 or newer does not apply to any of this.

0:21:48.890 --> 0:21:53.500 Ryan Barker OK, so this paragraph summarizes the statutory authority and the reason why we are here today.

0:21:53.570 --> 0:22:18.190 Ryan Barker This new authority allows Ohca to contract with a third party to perform a risk assessment when violations have occurred and if lead based paint hazards are identified to contract with the lead abatement firm or an instances where a letter Bateman firm is not available in RP firm when the responsible party does not comply with an order in a timely manner, the statute and the rule do not require a risk assessment or abatement of a home or apartment unit.

0:22:18.200 --> 0:22:27.150 Ryan Barker So just like the the lead based paint rules under EPA, there are no requirements to perform a risk assessment and a better control.

0:22:27.160 --> 0:22:28.110 Ryan Barker Any lead based paint hazards?

0:22:29.250 --> 0:22:38.880 Ryan Barker Uh, in this in this instance, under Oregon's rules, this only kicks into effect whenever there are lead based paint violations that have occurred.

0:22:39.190 --> 0:22:42.910 Ryan Barker So there is no requirement to do this without having that occur first.

0:22:46.930 --> 0:22:58.540 Ryan Barker So if a renovation or lead abatement work is performed on pre 78 housing or a child occupied disability, it must be performed according to the requirements of the renovation, repair and painting rule which is under Division 70.

0:22:58.880 --> 0:23:6.510 Ryan Barker Or if it's a basement work, then it must be done according to the lead based paint activities rules which are in Division 69.

0:23:7.220 --> 0:23:18.710 Ryan Barker If violations have either of these rules occur, statutory authority allows ohca to order a risk assessment and remediation, if applicable, to to a third party to perform these.

0:23:18.720 --> 0:23:20.800 Ryan Barker If the responsible party does not does not comply.

0:23:28.380 --> 0:23:34.380 Ryan Barker Here's the bit and the Oregon administrative rule that states a similar gives us a similar statement.

0:23:34.550 --> 0:23:58.280 Ryan Barker So under the Oregon administrative rule, which is under Division 67 under the specific section that says if a person described in the previous section of the rule fails to comply with an order described in another previous section of this rule within the time frame set in the order, the authority may contract with a certified firm to obtain a lead based paint risk assessment and abate or control any lead based paint hazards that are identified by the risk assessment.

0:23:59.410 --> 0:24:9.20 Ryan Barker So this is, you know, all the different pieces of the the rules and this the status, the statutes that are kind of setting up, we're going to be talking about today.

0:24:9.210 --> 0:24:32.80 Ryan Barker I showed again those screenshots, so it'll be helpful to go back and look at those actual statutes in that rule under Division 67 for more clarification, but I will go through some of those here in the next few slides to at least kind of identify some of the specifics around our rules and how they differ in some ways with those from the EPA, which will be important to to understand.

0:24:36.420 --> 0:24:59.270 Ryan Barker Alright, so these next few slides, like I said, we'll kind of detail and more specifics of the the rules and how they are more stringent than Epas rules and how they are very specific to you know, the authority that I've talked about under or under OHSAS lead based paint program and how these rules have to be implemented.

0:24:59.280 --> 0:25:7.380 Ryan Barker There are specifics that are beyond what are the normal expectations for like a risk assessment and clearance examination and things like that.

0:25:7.510 --> 0:25:11.110 Ryan Barker So this next slide will cover some of those specifics that are additional requirements.

0:25:14.210 --> 0:25:22.970 Ryan Barker And these are further clarified and described in that organ administrative Rule 333-067 Division 67.

0:25:22.980 --> 0:25:34.190 Ryan Barker But I'm just going to give you kind of the highlights in the next couple of slides of how these are some additional requirements that are going to be expected under this specific work in this opportunity.

0:25:35.340 --> 0:25:49.710 Ryan Barker So some of these that are specific to this include dust wipe samples for this risk assessment must be taken in accordance with the clearance section of the 2012 HUD guidelines, which in the next slide I will go into some further detail about that.

0:25:50.600 --> 0:25:54.120 Ryan Barker But it does represent something different than what a risk assessor would normally do.

0:25:55.290 --> 0:25:56.80 Ryan Barker Composite dust.

0:25:56.90 --> 0:26:2.80 Ryan Barker Wipe sampling is not allowed, so we only allow single single sample dust.

0:26:2.90 --> 0:26:3.70 Ryan Barker Wipe sampling to occur.

0:26:4.190 --> 0:26:16.170 Ryan Barker Paint chips and excess of 1 milligram per square centimeter or half a percent lead are a lead based paint hazard inconclusive X ray fluorescence or XRF results are positive.

0:26:16.240 --> 0:26:31.80 Ryan Barker Paint chip sampling is not allowed, so if you're using an XRF on painted surfaces and you get an inconclusive reading then that is considered positive and that paint chip sampling should not be done in order to further verify that.

0:26:33.40 --> 0:26:36.940 Ryan Barker Risk assessment reports under this rule must be provided to ohca within 10 days.

0:26:38.290 --> 0:27:2.730 Ryan Barker All abatement or hazard control or internal controls which I'll talk about in a minute require clearance and not cleaning verification, so they actually require sampling to be done to make sure that the the surface the facility of the room is safe for re occupancy and not just the cleaning verification which is basically a visual kind of inspection under the RP rule.

0:27:4.100 --> 0:27:7.190 Ryan Barker Soil abatement requires soil sampling for clearance.

0:27:7.860 --> 0:27:16.640 Ryan Barker Clearance must be performed by a person independent of the property owner or the responsible party, and clearance reports must be provided to ohca within 10 days.

0:27:17.830 --> 0:27:24.420 Ryan Barker So these are some of the specifics that are unique to our rule and our above the stringencies that are required under EPA's rules.

0:27:25.90 --> 0:27:31.80 Ryan Barker So I'm gonna go through a couple of these to describe these in more details and make sure that you have a firm understanding of these.

0:27:31.190 --> 0:27:34.520 Ryan Barker So the first one I want to describe a little bit more.

0:27:34.610 --> 0:27:51.60 Ryan Barker The dust wipe samples or this opportunity and under these rules do require that the sampling plan use the clearance categories under the HUD guidelines for the evaluation and control of lead based paint hazards, which is the 2012 guidelines.

0:27:53.230 --> 0:27:59.750 Ryan Barker This is under Chapter 15 and there's a table that describes 4 different clearance categories.

0:28:0.940 --> 0:28:15.370 Ryan Barker This one is the kind of worst case scenario of if no, there was no containment that was used and containment, as I showed previously was, you know, the plastic or impermeable layer that's used to maintain dust and debris on the worksite.

0:28:15.460 --> 0:28:32.930 Ryan Barker If there is no dust containment that is used, then the sampling the dust sampling plan must follow the clearance category number one under the HUD guidelines to make sure that we are looking for and he does let hazards that were created reasonably created by the renovation or abatement work that was performed.

0:28:32.940 --> 0:28:44.40 Ryan Barker So we're basically looking at those areas where work was done and what rules were violated and tried to determine if there is a lead based paint hazard that was created by that work.

0:28:46.830 --> 0:28:52.350 Ryan Barker Another specific that I mentioned in the in the two slides ago is about soya soil sampling.

0:28:53.290 --> 0:29:6.10 Ryan Barker So and this under this rule, at least one composite soil sample has to be taken within the DRIP line of each building phase that was subject or subjected to exterior paint, disturbing work, and a second composite.

0:29:6.20 --> 0:29:10.290 Ryan Barker So we'll sample must be collected from the nearest player area if it is available.

0:29:10.610 --> 0:29:12.120 Ryan Barker So for each exterior.

0:29:12.540 --> 0:29:17.650 Ryan Barker Umm, you know surface or wall that would that had work that was performed.

0:29:17.860 --> 0:29:25.140 Ryan Barker There has to be a composite soil sample that's taken within the DRIP line and then another sample at the nearest play area.

0:29:29.660 --> 0:29:46.990 Ryan Barker A couple of definitions that are the same as under the federal rules and regulations, but I just wanted to make sure to clarify these abatement which is under the lead based paint activities rules means any measure or set of measures that is designed to permanently eliminate lead based paint hazards and paint soil and dust.

0:29:48.120 --> 0:29:53.50 Ryan Barker A basement includes the removal of paint, dust, permanent enclosure or encapsulation of lead based paint.

0:29:53.110 --> 0:30:2.960 Ryan Barker Replacement of painted surfaces or fixtures, removal of or permanent covering of soil and preparation, cleanup, disposal and post abatement clearance testing.

0:30:3.450 --> 0:30:15.400 Ryan Barker Under this rule, what we're likely going to be seeing and expecting is more the removal of paint and dust and the removal or and some extreme circumstances, the permanent covering of soil.

0:30:16.470 --> 0:30:22.960 Ryan Barker There likely won't be a lead based paint abatement for a for lead based paint itself.

0:30:23.570 --> 0:30:46.390 Ryan Barker However, with the risk assessor coming in and doing their risk assessment and identifying any kind of lead based paint hazards that could be a possibility, but likely under this, we're going to be seeing dust and soil being those kind of lost, identified lead based paint hazards that will need to be remediated, uh beyond the abatement or or outside or or to a lower lesser degree.

0:30:46.440 --> 0:30:50.990 Ryan Barker We have interim controls which are also we would call hazard controls under this rule.

0:30:51.560 --> 0:30:53.290 Ryan Barker They're one and the same under this rule.

0:30:53.300 --> 0:31:32.680 Ryan Barker So these include measures that are designed to temporarily reduce human exposure, likely exposure to lead based paint hazards, and some common ways of doing these kind of controls includes dust removal and control, which is basically just cleaning surfaces to reduce levels of dust that down to acceptable levels or in our case clearance levels and then covering or eliminating access to bare soil, which would include things like planting or using bulge Scrabble, other kind of landscaping means to make sure that any soil that hazards have reduced or eliminated their possibility for anybody to be exposed to that lead.

0:31:32.810 --> 0:31:34.900 Ryan Barker So it doesn't actually mean full abatement.

0:31:34.910 --> 0:31:38.430 Ryan Barker It means more of just covering and reducing access to that bare soil.

0:31:41.650 --> 0:31:53.200 Ryan Barker As with all work under the RP in abatement rules, once work is is begun, signage must be must remain in place until the work is finished and cleared.

0:31:53.610 --> 0:32:9.880 Ryan Barker So in our instance, you know, once that order is issued, then if the risk assessment is occurring and then if there's any kind of abatement work or an end controls work that is being done, then signage needs to be in place until that area can meet clearance and then the signage can be removed.

0:32:10.720 --> 0:32:18.220 Ryan Barker So we want to make sure that again, you know the public tenants, residence pets, children are not having any access to these areas while this is occurring.

0:32:19.170 --> 0:32:21.570 Ryan Barker So that's a very important part of all of these rules.

0:32:23.100 --> 0:32:32.950 Ryan Barker And then, of course, there have been mentioning clearance is the way to identify that a surface is or an area is clean and can be utilized safely again.

0:32:33.400 --> 0:32:37.970 Ryan Barker So it's combined, visual and quantitative environmental evaluation that's used to determine that.

0:32:37.980 --> 0:32:38.110 Ryan Barker No.

0:32:38.120 --> 0:32:46.690 Ryan Barker Lead based paint hazards remain in the area and this includes visual assessment, dust sampling and if soil basement was performed then soil sampling.

0:32:46.960 --> 0:32:50.820 Ryan Barker So all of these include or are under the clearance category.

0:32:54.120 --> 0:33:3.410 Ryan Barker And then, like I said earlier mentioned about exterior clearance, so well part of our rules that are unique includes the soil sampling for clearance.

0:33:3.600 --> 0:33:11.940 Ryan Barker If soil abatement was performed, some of you may know that EPA and HUD do not require soil sampling for clearance, but under our rules they are.

0:33:12.20 --> 0:33:14.330 Ryan Barker They will be required if soil abatement is performed.

0:33:14.740 --> 0:33:22.740 Ryan Barker So that basically means soil sampling and then confirming that the levels are below the the soiled hazards that are identified.

0:33:28.330 --> 0:33:34.680 Ryan Barker Otherwise, a visual clearance can be performed if interim controls such as paint chip removal were prescribed by the risk assessor.

0:33:34.830 --> 0:33:46.150 Ryan Barker So in general, usually soil clearance just includes the visual clearance, but like I said, if abatement has occurred, then soil sampling must also follow that to make sure that it can meet that clearance.

0:33:48.500 --> 0:33:49.40 Ryan Barker

OK.

0:33:49.50 --> 0:33:53.590 Ryan Barker So that is kind of the specifics around our rules and how they differ.

0:33:53.600 --> 0:33:59.110 Ryan Barker And like I said, uh have the additional stringency above EPA's rules.

0:33:59.120 --> 0:34:10.90 Ryan Barker So I just wanted to make sure to define those and provide some pictures and hopefully that can clarify that the last part I just want to cover a couple of upcoming potential changes from the EPA that will potentially affect this rule.

0:34:10.660 --> 0:34:14.110 Ryan Barker They're not going to happen overnight, but they are important to know and for you to.

0:34:16.30 --> 0:34:34.700 Ryan Barker To make sure that you are aware of so this first piece or this first proposed update includes a potential reconsiderations of both the Desklet hazard standards and the dust LED post abatement clearance levels, these are issued under Federal Register and August 1st by the EPA.

0:34:36.80 --> 0:34:45.100 Ryan Barker Just to give you a quick summary of this, the current levels for the dust let hazard standard and the dust LED clearance levels are one and the same.

0:34:45.670 --> 0:34:48.600 Ryan Barker They were different for a short period of time.

0:34:48.650 --> 0:34:51.380 Ryan Barker I think it was between 2019 and 2021.

0:34:51.390 --> 0:34:54.550 Ryan Barker There were different and then they basically aligned again.

0:34:54.770 --> 0:35:2.20 Ryan Barker So currently it is 10 microgram per square foot for our for floors and 100 micrograms per square foot for window sills.

0:35:2.310 --> 0:35:8.740 Ryan Barker There is an additional level under the DESKLET clearance level for window troughs at 400 micrograms per square foot.

0:35:10.20 --> 0:35:20.710 Ryan Barker The new proposed changes will significantly reduce those levels if they are implemented, so if these proposed changes go through from the EPA, then that will change the dust.

0:35:20.720 --> 0:35:44.520 Ryan Barker Let hazard standard to any level that is greater than zero, uh, reported by an EPA recognized laboratory and for dust light clearance levels, which is really what we are kind of thinking about for the clearing of the projects that we're talking about today, UH-3 micrograms per square foot on floors, 20 micrograms per square foot on window sills and 25 micrograms per square foot on window troughs.

0:35:45.360 --> 0:35:49.880 Ryan Barker Now EPA is still in the consideration stage for this change.

0:35:49.890 --> 0:35:57.830 Ryan Barker And they may decide to not push this through, but they are under pressure from a 2021 Court of Appeals decision.

0:35:58.520 --> 0:36:6.430 Ryan Barker So at these changes do go into effect because I mentioned earlier our rules basically mirror the Epas rules.

0:36:6.740 --> 0:36:12.490 Ryan Barker They will also be recognized and enforced in Oregon as well.

0:36:13.390 --> 0:36:14.770 Ryan Barker We do have a bit of time.

0:36:14.780 --> 0:36:22.690 Ryan Barker We were told that now any decision will be, you know, posted in the Federal Register as of, I think, fall of 2024.

0:36:22.700 --> 0:36:28.330 Ryan Barker So I'm almost a year out and then the actual rules will not become effective for another year after that.

0:36:28.580 --> 0:36:33.130 Ryan Barker So we're looking at two years out of when these potential changes might might be in place.

0:36:33.910 --> 0:36:45.620 Ryan Barker However, considering that we will try to update everybody whenever we can with postings on our website, notifications through a regulatory authority or a regulated community, emails, things like that.

0:36:46.190 --> 0:36:49.670 Ryan Barker But just so you're aware that this could impact exactly what I'm talking about today.

0:36:50.830 --> 0:36:52.660 Ryan Barker And then another quick update real quick.

0:36:52.670 --> 0:36:56.520 Ryan Barker I was actually in this workshop last week with the EPA and HUD.

0:36:56.530 --> 0:37:11.520 Ryan Barker They are under or considering right now a redefining of what lead based paint is and how to define it so the current rules are U M1 milligram per square centimeter or half a percent by weight.

0:37:11.690 --> 0:37:14.60 Ryan Barker And there's also 5000 parts per million.

0:37:14.690 --> 0:37:17.40 Ryan Barker They are in the consideration stage.

0:37:17.50 --> 0:37:23.270 Ryan Barker They had a bunch of presentations last week and you know a bunch of public comments that came through.

0:37:23.370 --> 0:37:33.460 Ryan Barker They are considering whether to reduce the definition of lead based paint to a lower definition, which will also impact X ray fluorescence analyzers and you know paint chip sampling.

0:37:33.470 --> 0:37:40.230 Ryan Barker Obviously, if you're sending it to a laboratory, you're going to be looking for different levels, but again, this is likely several years out.

0:37:40.240 --> 0:37:46.310 Ryan Barker We heard from HUD that this may be many years out, so I doubt that this is gonna happen anytime soon.

0:37:46.320 --> 0:37:49.790 Ryan Barker But if it does happen, it will potentially also impact the user rules.

0:37:51.190 --> 0:37:51.730 Ryan Barker And.

0:37:54.290 --> 0:37:54.720 Ryan Barker Uh.

0:37:54.730 --> 0:37:55.0 Ryan Barker Yeah.

0:37:55.10 --> 0:38:3.430 Ryan Barker And because we did identify, as you can see in our rules under Oregon Administrative Rules Division 67, we did identify lead based paint hazards.

0:38:4.410 --> 0:38:16.480 Ryan Barker Umm, because of these changes, potentially from the EPA, that may go into effect in the next two to you know how many every years we will end up having to do a little changes to this specific rule.

0:38:16.490 --> 0:38:25.110 Ryan Barker So as of right now and then in the meantime, this will stay the same, but we may have to revise these rules in the future if EPA does change their rules as well.

0:38:27.360 --> 0:38:31.70 Ryan Barker And that is all of my content.

0:38:31.80 --> 0:38:34.170 Ryan Barker I do have a slide with my contact information.

0:38:34.180 --> 0:38:42.880 Ryan Barker If you have questions, you can contact me directly, specifically around more of the slides that I touched on about the rules and regulations.

0:38:42.890 --> 0:38:46.550 Ryan Barker You know, any kind of clarification for the lead based paint rules, happy to help with that.

0:38:47.140 --> 0:38:54.450 Ryan Barker Any kind of contract questions like it's the Suzanne talked about the beginning, best to go to Suzanne's email contact information.

0:38:54.460 --> 0:39:3.270 Ryan Barker So just making sure that we're kind of separating out those two questions, you know what, depending on what kind of questions you might have and that's it for me.

0:39:6.680 --> 0:39:8.160 Christman Suzanne Alright, that's it for me.

0:39:11.770 --> 0:39:23.750 Christman Suzanne We'll go ahead and close this out and we'll have this posted to organize this recording and the transcription, and thank you very much.

0:39:25.950 --> 0:39:26.710 Christman Suzanne Have a great day.

0:39:27.300 --> 0:39:27.620 Ryan Barker Thank you.