To: Members of the State Board of HealthFrom: Joe Schieffelin, Manager, Hazardous Waste Program

Colleen Brisnehan, Environmental Protection Specialist, Methamphetamine Laboratory Project Lead

Through: Gary W. Baughman, Division Director, Hazardous Materials and Waste Management Division GWB

Date: August 20, 2014Subject: Request for Rulemaking Hearing

Proposed Amendments to 6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine Laboratories, with a request for the rulemaking hearing to occur October 15, 2014.

The Department is proposing to amend 6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine Laboratories, to incorporate requirements of SB13-219 (Section 25-18.5-102, C.R.S.). SB13-219 directs the Board of Health to:

promulgate procedures for testing and evaluating contamination at illegal drug laboratories involving methamphetamine (meth labs);

establish cleanup standards for the cleanup of meth labs; promulgate rules for a training and certification program for individuals

and companies involved in assessment, decontamination and sampling of meth labs;

establish fees for certification and monitoring of individuals and companies involved in assessment, decontamination and sampling of meth labs;

establish fees for approval of persons that train individuals involved in assessment, decontamination and sampling of meth labs; and

promulgate rules for determining administrative penalties for violations of the statute and regulation.

The proposed amendments revise current rules and add new language as required by SB 13-219. The revisions to the current rules were extensive; as such the current rule is being repealed (Line 2271-3369) in its entirety and being replaced with the proposed language (Line 1-2270). The Department has conducted an extensive stakeholder process to develop the proposed changes to the regulations. The Department asks the Board of Health to schedule a rulemaking hearing on the proposed rule changes for October, 2014.

Changes to current rule, reflected in Part 1 of the proposed rule, include: New definitions as directed by SB 13-219

Dedicated to protecting and improving the health and environment of the people of Colorado

123456789

1011121314151617181920212223242526272829303132333435363738394041424344454647484950

New definitions to align with current practice, address stakeholder feedback for clarity, and define new terms associated with new requirements.

Change in definition of existing terms, including contamination, decontamination, and methamphetamine.

Addition of a screening level assessment phase for real estate transactions, including the number of samples required to screen for meth contamination.

Update and elaborate on the decontamination and removal procedures to align with current practice, clarify requirements and include some disclosures.

Improve alignment of meth lab waste handling procedures with hazardous and solid waste disposal requirements.

Clarify restrictions on conflict of interest between Consultants and Contractors to ensure that a person or company cannot perform clearance on their own decontamination project, and that there is no business relationship between the Consultant and Contractor.

Move requirements from the appendices into the body of the rule to consolidate and improvement alignment across each phase of the clean-up.

Update incorporations by reference. Replace the term “functional space” with “room” to provide a more clear

basis for determining the number of clearance samples that must be collected. This was in response to some industrial hygienists improperly designating functional spaces in order to reduce the number of required clearance samples. In some cases, an entire level of a home was designated as a functional space, resulting in the collection of only one composite sample from each level of the home. The use of “room” instead of “functional space” will ensure that clearance samples are collected from every room, ensuring adequate and representative sample collection at all properties.

Elimination of the minimum amount of sample area required for clearance sampling of a single meth lab. The new per room sampling requirements eliminate the need for minimum sample area requirements.

Reduction in the number of individual samples (aliquots) that can be included in a composite sample from 5 to 4. This was done in response to information that any more than 4 aliquots can impact the analytical laboratories ability to extract the sample.

Change in the cleanup level specific to attics, crawl spaces and other limited access areas such as wall cavities. This was done as a result of the cost and difficulty of cleaning up these areas to achieve the current cleanup level. Because these limited access areas present a much lower exposure concern than living spaces, cleaning them to living space cleanup level, which is based on child exposure, is not necessary. Therefore, a cleanup level for adult-only exposure was calculated for limited access areas (attics, crawl spaces, and wall cavities).

Change in the cleanup level for pre-painted surfaces, which are surfaces that were painted before the presence of contamination was known. Under the current regulation, if contamination in the area is above the standard, the pre-painted surfaces have to be removed. This often results

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000  www.colorado.gov/cdpheJohn W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000  www.colorado.gov/cdpheJohn W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer

51525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899

100101102

in a property being gutted due to relatively low concentrations of meth. The new cleanup level for pre-painted surfaces takes into account the fact that much of the contamination on these surfaces is trapped by the paint and is not available for exposure. The new level will allow surfaces to remain, with additional encapsulation, when there are relatively low levels of meth beneath the paint. Use of the pre-painted surface cleanup level and encapsulation process is limited to situations where the property was not previously known to be contaminated. Painting cannot be otherwise used as a means of compliance or to change the target cleanup level when meth contamination is known to exist. It should be noted that the level for pre-painted surfaces is equivalent to California’s health based standard for all surfaces.

Additions to current rule reflected in Part 2 and Part 3 include: Training and certification requirements for individuals and companies

involved in assessment, decontamination and sampling of meth labs, as required by SB 13-219. The bill was introduced in response to media coverage of instances where meth lab cleanup and clearance was not done correctly, resulting in families buying and moving in to properties that were still contaminated with meth. Because the statute does not include a cleanup oversight program at the state level, and provides local agencies cleanup authority but no mandate, many cleanups are conducted without agency oversight. Establishing a state level training and certification program, requiring meth lab work to be conducted by qualified contractors and consultants, was seen as an effective way address the issue of improper cleanup. OSHA training as a qualification for certification under Part 2 of the

proposed rule. While OSHA standards apply to workers performing meth lab work, OSHA standards are independent of the proposed rule and the Department has no authority to enforce OSHA standards. Thus, the proposed rule does not incorporate OSHA standards. Rather, it includes OSHA training as a qualification for certification to ensure that individuals have a base level of required training necessary to perform their jobs in a safe manner.

Fees necessary to fund the implementation of SB 13-219, including establishing the regulation, administering the training and certification program, and enforcing the requirements of the regulation and statute through training audits, random document audits and work site inspections, complaint response and enforcement.

Enforcement as directed by SB 13-219, including penalties for violations of the regulation and statute.

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000  www.colorado.gov/cdpheJohn W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer

103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145

STATEMENT OF BASIS AND PURPOSEAND SPECIFIC STATUTORY AUTHORITY

for Amendments to 6 CCR 1014-3,

Regulations Pertaining to the Cleanup of Methamphetamine Laboratories August 20, 2014

Basis and Purpose.

These amendments to 6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine Laboratories, are being made pursuant to the authority granted the Board of Health in §25-18.5-102, C.R.S.

A recent law, SB13-219, amended §25-18.5-102, C.R.S., directing the Board of Health to promulgate:

1a) procedures for testing and evaluating contamination at illegal drug laboratories involving methamphetamine (meth labs); 1b) cleanup standards for the cleanup of meth labs; 1c) rules for a training and certification program for individuals and companies involved in assessment, decontamination and sampling of meth labs;1d) definition of “assessment”, “decontamination” and “sampling”;1e) procedures for the approval of persons to train consultants or contractors in the assessment, decontamination, or sampling of illegal drug labs; and1f) procedures for contractors and consultants to issue certificates of compliance to property owners upon completion of assessment, decontamination and sampling of illegal drug laboratories to certify that the remediation of the property meets the cleanup standards established by the Board.

SB 13-219 directs the Board to establish fees for: 2a) certification and monitoring of individuals and companies involved in assessment, decontamination and sampling of meth labs; 2b) monitoring of individuals and companies involved in the assessment, decontamination, and sampling of illegal drug laboratories, necessary to ensure compliance with the statute and regulation; and2c) approval of persons that train individuals involved in assessment, decontamination and sampling of meth labs.

SB 13-219 directs the Board to adopt rules for determining administrative penalties for violations of the statute and regulation.

Statutory directives 1a) and 1b) listed above were originally established in 2005 and resulted in the current regulations (Part 1). However, SB 13-219 modified certain portions of the directives requiring some changes to Part 1. Statutory directives 1c) through 1f) and 2a) through 2c) are new requirements to establish a new regulatory program. These directives are encompassed in a new Part 2 of the regulations. The last statutory directive establishes a new program to enforce the statute and regulations. The last directive is encompassed in Part 3 of the regulations.

146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192

The existing regulations, Part 1, applies to owners of properties with meth contamination, and to those who perform assessment, decontamination and sampling at meth contaminated properties. Revisions to Part 1 are necessary to incorporate statutory changes made by SB13-219 that include clarifications to existing language, and to update proceedures to conform with best and current industry practice.

A new section, Part 2, is being added to the regulation and establishes a training and certification program for individuals involved in meth lab assessment, decontaminatin and sampling. The new section of the regulation will apply to individuals and companies that perform assessment, decontamination and sampling at meth contaminated properties, and to individuals and companies to that provide training required by the regulation. There will be fees associated with the required training and certification program, which will be paid by certified individuals, companies and training providers. There are no known costs to local governments due to the revisions due to revisions in Part 2.

A new section, Part 3, is being added to the regulation and establishes a program to enforce the requiremenmts of the statute and regulation. The new section of the regulation will apply to individuals and companies that perform assessment, decontamination and sampling at meth contaminated properties, and to individuals and companies to that provide training required by the regulation. There will be penalties associated with violations of the statute and regulation. There are no known costs to local governments due to the revisions in Part 3.

The Department would like the Board of Health to schedule a rulemaking hearing on the propsed rule changes for October, 2014.

The Department has conducted an extensive stakeholder process to develop the proposed changes and additions to the regulations. As of the date of this memo, we anticipate that all stakeholder issues will be resolved by the date of the rulemaking hearing. Specific Statutory Authority.

These rules are promulgated pursuant to §25-18.5-102, C.R.S. The powers and duties of the Department are set forth in §25-18.5-106, C.R.S. The authority to enforce the rules is set forth in §25-18.5-107, C.R.S.

SUPPLEMENTAL QUESTIONS

Is this rulemaking due to a change in state statute?

__X__ Yes, the bill number is SB13-219; rules are ___ authorized _X_ required.

______ No

Is this rulemaking due to a federal statutory or regulatory change?

193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243

_____ Yes__X__ No

Does this rule incorporate materials by reference?

__X_ Yes___ _ No

Does this rule create or modify fines or fees?__X__ Yes______ No

244245

246247248249

250251252

REGULATORY ANALYSISfor Amendments to

6 CCR 1014-3,Regulations Pertaining to the Cleanup of Methamphetamine Laboratories

August 20, 2014

1. A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.

The proposed amendments will primarily affect consultants who assess and sample illegal drug laboratories involving methamphetamine (meth labs), contractors who decontaminate meth labs, and entities that provide training to these consultants and contractors. The consultants, contractors and training providers will bear the costs of implementing the training and certification program through fees charged by the Department. These costs may be passed on to property owners; however, it is anticipated that the amendments reflected in Part 1 of the proposed rule will generally decrease the cost of cleaning up meth labs, resulting in a net decrease in costs to the consumer. For example, the cleanup level based on adult-only exposure in attics and crawl spaces is expected to significantly reduce the cost of cleanup in those areas, while still being protective of public health. Similarly, the cleanup level for pre-painted surfaces should reduce the amount of removal required at properties where low level contamination is discovered after the home has been remodeled. This will also reduce costs while remaining protective. The establishment of decontamination procedures for specific types of personal property that require no follow-up sampling will reduce costs and is anticipated to reduce the amount of cleanable personal property being sent to landfills due to the current testing requirements

Other classes of persons that may be affected by the proposed rule include local law enforcement, county or local health departments, or other local entities responsible for oversight of meth lab cleanup. SB 13-219 allows, rather than requires, a local government to declare that an illegal drug lab that has not met remediation standards and is a public health nuisance. The rule acknowledges that a local government may choose to be involved; however, local government involvement is not required and the rules do not prescribe local government involvement. In addition, the rule requires Consultants and Contractors provide local governments a copy of the certificate of compliance. This ensures that local government is informed. It is anticipated that training and certification program, and the Department’s ability to enforce regulatory requirements, will have a positive impact on local government oversight programs by ensuring that individuals involved in meth lab assessment, decontamination and sampling are properly trained and are held accountable for regulatory violations. Nothing in the rulemaking imposes a mandate on local government.

2. To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.

253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304

The proposed amendment will have an economic impact on consultants who assess and sample illegal drug laboratories involving meth labs, contractors who decontaminate meth labs, and entities that provide training to these consultants and contractors. The costs will include fees for certification of individuals and companies performing work under the regulation, and for approval of training providers. Additional costs will include the cost of attending required training. These costs will likely be passed on to the consumer. However, as discussed above, it is anticipated that the amendments reflected in Part 1 of the proposed rule will generally decrease the cost of cleaning up meth labs resulting in a net decrease in costs to the consumer while maintain protection of public health.

3. The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.

Section 25-18.5-106, C.R.S., establishes powers and duties of the Department, including implementing, coordinating and overseeing the rules promulgated by the Board for meth labs. Section 25-18.5-102(2), C.R.S., directs the Board to establish fees to cover the cost of implementing the training and certification program and monitoring individuals and companies involved in assessment, decontamination and sampling of meth labs. Section 25-18.5-106, C.R.S., establishes the Illegal Drug Laboratory Fund for the fees collected pursuant to the regulation and to cover Department costs for implementation of the regulation. SB13-219 included an appropriation for 0.5 FTE annually to the Department to implement the training and certification program and 0.1 FTE to the Attorney General’s Office, for the fiscal year beginning July 2013, for legal services provided to the Department related to the act. There are no other known or anticipated costs to the Department or any other agency.

4. A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.

The proposed amendments provide a much needed training and certification program to ensure that individuals involved in meth lab assessment, decontamination and sampling are properly trained. The proposed amendment would also ensure that individuals and companies that violate the statute and regulation are held accountable.

Inaction is not an option since Section 25-18.5-102, C.R.S., requires the Board to promulgate rules to establish a training and certification program for individuals and companies involved in assessment, decontamination and sampling of meth labs. While the training and certification requirement will increase costs to consultants and contractors, the proposed amendments reflected in Part 1 are expected to decrease the cost of meth lab cleanup, resulting in a net decrease in costs while maintaining protection of public health.

5. A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.

305306307308309310311312313314315316317318319320321322323324325326327328329330331332333334335336337338339340341342343344345346347348349350351352353354355356

The purpose of the proposed amendment is to align the existing rule with the statute, comply with SB 13-219, and establish a training and certification program and approval process for individuals and companies involved in assessment, decontamination and sampling of meth labs, as required by Section 25-18.5-102, C.R.S. The fees to be established under the proposed amendment are necessary to implement the required program.

6. Alternative Rules or Alternatives to Rulemaking Considered and Why Rejected.

The proposed amendment was developed by a process that included stakeholder involvement in drafting the content of the rule. Although the content of the rule was changed during this process based on questions and comments raised by stakeholders, as well as review by the Attorney General’s Office, there were no alternate rules considered or rejected.

7. To the extent practicable, a quantification of the data used in the analysis; the analysis must take into account both short-term and long-term consequences.

The analysis is based on the requirements of SB13-219, Section 25-18.5-102, C.R.S., and experience gained by Department staff and stakeholders through implementing the existing regulation. Comments and concerns raised during stakeholder work group sessions were also taken into account.

357358359360361362363364365366367368369370371372373374375376377378379380381

STAKEHOLDER Commentfor Amendments to

6 CCR 1014-3,Regulations Pertaining to the Cleanup of Methamphetamine Laboratories

August 20, 2014

The following individuals and/or entities were included in the development of these proposed rules:

consultants that assess and sample meth labs, contractors that clean up meth labs, training providers, analytical laboratories that conduct methamphetamine analysis, local health departments that oversee meth lab cleanups, the Apartment Association of Metro Denver, the Colorado Association of Realtors, individual real estate professionals, and attorneys representing several of the above-listed entities.

Homeowners are a category of stakeholders not specifically represented during the stakeholder process. However, the Division posted information on the rulemaking process on its web site, allowing any interested party to participate. A few private parties requested inclusion on the stakeholder distribution list, but none have participated in the work group meetings or general stakeholder meetings. The Division is contacted frequently by property owners seeking information and technical assistance. Feedback from these property owners has been supportive of requiring training and certification for consultants and contractors.

The Division began an extensive stakeholder process on August 22, 2013, with an initial stakeholder meeting. At the meeting, stakeholders were given the opportunity to sign up for one or more of three focused work groups. The Division also posted stakeholder information on its website, including an online form that allowed stakeholders to be added to the general distribution list or work group lists. Twenty two (22) work group meetings were held from September 2013 through May 2014. The work groups met on the following dates:

Regulation Language Work Group meetings were held on September 17, 2013, November 13, 2013, Jan. 29, 2014, February 19, 2014, and March 19, 2014.

Consultant (IH) Training and Sampling Work Group meetings were held on October 9, 2013, November 6, 2013, January 23, 2014, February 11, 2014, March 6, 2014, and April 3, 2014.

Contractor Training and Decontamination Work Group meetings were held on September 24, 2013, October 24, 2013, January 16, 2014, February 6, 2014, February 26, 2014, and March 27, 2014.

Combined work group meetings, involving members of all three work groups, were held on April 17, 2014, April 29, 2014, May 14, 2014 and May 29, 2014.

382383384385386387388389390391392393394395396397398399400401402403404405406407408409410411412413414415416417418419420421422423424425426427428429430431432

The Division also met exclusively with a group of local oversight agencies on August 22, 2013 and October 15, 2013.

The Division worked collaboratively with the stakeholder work groups to craft and refine Parts 1 and 2 of the proposed rule. Stakeholders provided input on all aspects of these parts of the rule, and the resulting language reflects general stakeholder consensus. The current regulation forms the basis for Part 1 of the proposed rule. Revisions to Part 1 are primarily based on Division and stakeholder experience gained during implementation of the current regulation, advances in the “state-of-the-science” and stakeholder requested clarifications. Part 2 of the proposed rule incorporates the training and certification program required by SB 13-219. The Division worked closely with stakeholders to establish the proposed training curricula and the certification process. The Division also referenced meth lab training and certification programs in other states as well as the Air Quality Control Division’s asbestos and lead-based paint training and certification programs. The content of Part 3 of the proposed rule incorporates the enforcement requirements of SB 13-219, and is largely dictated by §25-18.5-107, C.R.S. The Division provided Part 3 to work groups for review, and minor modifications were made that did not conflict with §25-18.5-107, C.R.S. or Division enforcement policy.

At the conclusion of the work group process, the draft proposed rule was issued to the broad stakeholder distribution list in June 2014, and posted on the Division’s web site. A general stakeholder meeting was held on June 26, 2014 to allow stakeholders a chance to provide feedback on the draft language and fees. Another general stakeholder meeting is scheduled for August 5, 2014. No additional meetings are planned unless requested by stakeholders.

The following individuals and/or entities were notified that this rule-making was proposed for consideration by the Board of Health:

consultants that assess and sample meth labs, contractors that clean up meth labs, training providers, analytical laboratories that conduct methamphetamine analysis, all county Environmental Health Directors, staff at local health departments and other local agencies that oversee meth

lab cleanups, the Colorado Apartment Owners Association, the Colorado Association of Realtors, the Colorado Department of Transportation individual real estate professionals, attorneys representing several of the above-listed entities, and other individuals that requested notification.

On or before the date of publication of the notice in the Colorado Register, the Division sent notice to persons and/or groups considered by the division to be interested parties to the proposed rule-making, and those who have requested notification/ information from the division regarding the proposed rule-making? __ __ Yes ____ No. The Division provided notice on TBD.

433434435436437438439440441442443444445446447448449450451452453454455456457458459460461462463464465466467468469470471472473474475476477478479480481482483

Summary of Major Factual and Policy Issues Encountered and Stakeholder Feedback Received

The general content of the rule is specified by Section 25-18.5-101, C.R.S., et. seq. The specific language and content of the rule has been further developed in conjunction with several stakeholder work groups.

Stakeholders requested that a term other than illegal drug laboratory or methamphetamine laboratory be used for properties contaminated by meth. The definition of illegal drug laboratory in Section 25-18.5-101, C.R.S., includes properties contaminated as a result of manufacturing, processing, cooking, disposal, use or storage. This means that properties contaminated due to meth use are considered illegal drug laboratories involving methamphetamine. The general public considers meth labs to be places where meth was manufactured. Stakeholders expressed the concern that calling a property contaminated by meth use an illegal drug laboratory or methamphetamine laboratory results in an unnecessary stigma on the property. To address this stakeholder concern, the term methamphetamine-affected property is used in the proposed amendment, which is defined as an illegal drug laboratory involving methamphetamine.

Stakeholders identified several issues regarding implementation of the existing regulation that are addressed in the proposed amendment. These included the need to revise and clarify sampling criteria, the need to update decontamination procedures to incorporate current industry standards, and alternate cleanup levels for attics and crawl spaces to reduce the cost of decontaminating these low exposure areas. Thus far, consensus has been reached on all issues discussed and we anticipate that all stakeholder issues will be resolved by the date of the rulemaking hearing.

SB 13-219 allows, rather than requires, a local government to declare that an illegal drug lab that has not met remediation standards is a public health nuisance. The rule acknowledges that a local government may choose to be involved; however, local government involvement is not required and the rules do not prescribe local government involvement. In addition, the rule requires Consultants and Contractors provide local governments a copy of the certificate of compliance. This ensures that the local government is informed. Nothing in the rulemaking imposes a mandate on local government.

Health equity and environmental justice (HEEJ) impacts

No health equity or environmental justice impacts associated with the proposed amendment were identified.

484485486487488489490491492493494495496497498499500501502503504505506507508509510511512513514515516517518519520521522523524525526527528529530531532

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

State Board of Health

6 CCR 1014-3

REGULATIONS PERTAINING TO THE CLEANUP OF METHAMPHETAMINE-AFFECTED PROPERTIES

PART 1: PROPERTY ASSESSMENT, DECONTAMINATION AND CLEARANCE

1.0 Purpose and applicability

1.1 Purpose. 6 CCR 1014-3, Parts 1, 2 and 3 (hereafter, “these regulations”) implement the directive § 25-18.5-102, C.R.S., gives to the Board of Health to establish standards for:

1.1.1 sampling, assessment and decontamination cleanup of illegal drug laboratories involving methamphetamine;

1.1.2 training and certification of persons involved in sampling, assessment and decontamination of such properties;

1.1.3 approval of trainers;

1.1.4 certification that properties have been decontaminated to the standards established in these regulations;

1.1.5 assessment of administrative penalties; and

1.1.6 fees for the certification and monitoring of Contractors and Consultants, and for the approval of trainers.

1.2 Applicability - The requirements of this Part apply:

1.2.1 When an owner of property has received notification from a peace officer that chemicals, equipment, or supplies indicative of a methamphetamine-affected property are or have been located at the property, or

1.2.2 When a methamphetamine-affected property is otherwise discovered, and the owner of the property where the methamphetamine-affected property is located has received notice, or

1.2.3. When screening level sampling is conducted at a property that has not been deemed a methamphetamine-affected property.

1.3 Properties that met the clean-up standards and documentation requirements of this Part as it existed prior to the effective date of the 2014 amendments to this Part shall be deemed in compliance with this Part.

13

1

533534

535536537538539540541542543

544

545546

547548

549550

551

552553

554

555556

557

558559560

561562563

564565

566567568

2

1.4 Materials that are removed or demolished in lieu of decontamination must be disposed at a solid waste landfill, but are not otherwise subject to regulation under this Part.

2.0 Definitions. The following definitions apply to Parts 1, 2 and 3 of these regulations.

“Aliquot” means a discrete sample comprising a known fraction of a composite sample. Aliquots making up a composite sample must be of equal area or volume.

“Assessment” means an evaluation of a property to determine the current condition, including the nature and extent of observable or detectable contamination, chemical storage and disposal.

“Building” means a structure which has the capacity to contain, and is designed for the shelter of, persons, animals, or property, or place adapted for overnight accommodation of persons or animals, whether or not a person or animal is actually present. “Building” includes manufactured homes as defined in Section 38-29-102(6), C.R.S., and mobile homes as defined in Section 38-12-201.5(2), C.R.S.

“Caustic” means capable of burning or corroding by chemical action.

“Certified Industrial Hygienist” or “CIH” means an individual who is certified by the American Board of Industrial Hygiene or its successor.

“Chemical storage area” means any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

“Cleanup standard” means the numerical value, established in Section 7.0 of this Part 1, that causes the Consultant to determine if an area is compliant or noncompliant based on the results of sampling conducted in accordance with the sampling procedures presented in Section 6 of this Part 1.

“Composite sample” means a sample comprised of multiple aliquots collected from separate locations.

“Consultant” means a Certified Industrial Hygienist or Industrial Hygienist who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the contractor or of a parent or subsidiary company of the contractor, and who has been certified under Section 25-18.5-106 C.R.S and these regulations.

“Contaminant” means a chemical residue resulting from the manufacturing, storage, processing or use of methamphetamine.

“Contamination” or “Contaminated” means the presence of contaminants.

“Contractor” means a person that is hired to decontaminate an illegal drug laboratory in accordance with the requirements of these regulations, and that is certified under Section 25-18.5-106 C.R.S and these regulations.

“Cooking area” means any area where methamphetamine manufacturing is occurring or has occurred.

“Corrosive” is an aqueous substance with a pH of 2.0 or less or 12.5 or greater.

“Decontamination” means the process of reducing the level of contamination using methods approved under these regulations.

14

3

569570

571

572573

574575

576577578579580

581

582583

584585586587588589590

591592

593594595596597598599

600

601602603

604605

606

607608

4

“Decontamination Supervisor” is a classification of Contractor. A Decontamination Supervisor is a person who is certified under this Part to supervise the decontamination of methamphetamine-affected properties by Decontamination Workers and Ventilation Contractors, and to decontaminate methamphetamine-affected properties.

“Decontamination Worker” is a classification of Contractor. A Decontamination Worker is a person who is certified under this Part to perform decontamination of methamphetamine-affected properties under the supervision of a Decontamination Supervisor.

“Demolition” means the complete deconstruction and removal of all of a structure, including all framing and permanent structural components other than foundations or slabs. Demolition of a vehicle means crushing or shredding a motor vehicle to produce scrap metal.

“Department” means the Colorado Department of Public Health and Environment.

“Detergent” means a surfactant or mixture of surfactants with cleaning properties in dilute solutions.

“Discrete sample” means a sample collected from a single location and comprised of a single aliquot.

“Disposal” means discharge, deposit, dumping, spilling, leaking, or placing of methamphetamine lab waste. Disposal also means the ultimate disposition of materials removed from contaminated properties in accordance with applicable regulatory requirements.

“Documentation” means preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

“Encapsulation” means applying a surface sealant to create a physical barrier for the purpose of decreasing or eliminating potential exposure to any residual contaminants that may remain following decontamination.

“Firm” means any public or private corporation, partnership, association, firm, trust or estate.

“HEPA filtration” means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

“Illegal drug laboratory” means the areas where controlled substances, as defined by Section 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.

“Independent” means the absence of a business relationship or agreement between a Consultant and a Contractor that could give rise to a real or apparent conflict of interest in the conduct of activities that are regulated under these regulations. A Contractor and a Consultant are not independent of one another if either one is an employee, agent, representative, partner, joint venturer, shareholder, or parent or subsidiary company of the other.

“Industrial hygienist” has the same meaning as set forth in Section 24-30-1402, C.R.S.

“In good standing” means that the person possesses a current, valid certification or authorization under these regulations.

15

5

609610611612

613614615

616617618

619

620621

622623

624625626

627628

629630631

632

633634

635636637638

639640641642643

644

645646

6

“Limited exposure area” means an area that is not used, or intended to be used, as a living space or part of a ventilation system. Limited exposure areas include attics, crawl spaces, and wall cavities not used as duct runs.

“Media” means the physical material onto which a sample substrate is collected. Media includes cotton gauze, glass fiber filters, MCE membranes, etc.

“Methamphetamine” or “meth” means dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides, and reduced forms of the basic structure associated with CAS registration number 537-46-2.

“Methamphetamine-affected property” is a type of illegal drug laboratory consisting of areas where methamphetamine has been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage of methamphetamine or the chemicals used to manufacture methamphetamine.

“Methamphetamine manufacturing” means the production, preparation, propagation, compounding, conversion, or processing of methamphetamine, either directly or indirectly.

“Methamphetamine lab waste” means chemical wastes generated in, or apparatus and components used in the production of methamphetamine, but does not include drug paraphernalia such as pipes.

“Must” is used to indicate a mandatory requirement.

“Negative air unit” means a portable exhaust system equipped with HEPA filtration and capable of maintaining a constant high velocity airflow out of the contained area, resulting in a constant low velocity air flow into the contained area from adjacent areas.

"Non-porous" means resistant to penetration of liquids, gases, powders and includes non-permeable surfaces or materials that are sealed. Non-porous materials include metal, glass, plastic and the following materials, provided they are painted or sealed, and provided the paint or sealant is in good condition: concrete, wood, tile, ceramic and drywall

“On-site wastewater treatment system” or “OWTS”“means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not part of or connected to a sewage treatment works.

“Painted-over surface” means a surface that was painted after the cessation of contamination-causing activities but prior to the discovery of a methamphetamine-affected property.

“Person” means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

“Personal Property” means anything subject to ownership that is not real property.

"Porous" means easily penetrated or permeated by gases, liquids, or powders. Porous materials include fabric, carpet, cardboard, fiber-board, cork, wood, unpainted drywall, or any other permeable material that is not sealed.

16

7

647648649

650651

652653654655656

657658659660661

662663

664665666

667

668669670

671672673674

675676677

678679

680681682683

684

685686687

8

“Property” means anything that may be the subject of ownership or possession, including land, buildings, structures, vehicles and personal belongings.

“Property owner,” for the purposes of real property, means the person holding record fee title to real property. “Property owner” also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.

“Publicly owned treatment works” or “POTW” means a publicly owned domestic wastewater treatment facility. The term also means the municipality, as defined in 502(4) of the Clean Water Act, 33 U.S.C. § 1362(4), which has jurisdiction over the indirect discharges to and the discharge from such treatment works.

“Preliminary assessment” means an assessment of a methamphetamine-affected property in accordance with Section 4.0 of this Part 1.

“Quality assurance” or “QA” means an integrated system of management activities involving planning, training, quality control, assessment, data review, reporting, and quality improvement to ensure that a process, item or service is of the type and quality needed and expected by the user. QA is a management function that deals with setting policy and running an administrative system of controls to ensure the usability of the product (e.g., data).

“Quality control” or “QC” means a system of technical activities that measures the performance of a process, item, or service against a defined set of criteria or standard. QC is a technical function that includes activities such as calibrations and analyses of check samples (performance evaluation samples, duplicates, spikes, blanks, etc.) to assess the bias and precision associated with sample results.

“Removal” means the taking out or stripping of material or surfaces up to, but not including, demolition. Removal includes taking personal property out of a structure, and physically separating contamination from material or surfaces.

“Room” means a portion of space within a structure that is enclosed or partitioned off from other parts of the structure. Any space separated from other spaces by a door shall be considered a separate room, except that closets that are less than 75 ft2 are not rooms. Two spaces separated by a partition less than four (4) feet in height may be considered one room. Two spaces separated by 10 or more stairs shall be considered separate rooms.

“Sampling” means the process of collecting measurements of a subset of a population to estimate the characteristics of the whole population.

“Screening level sampling” means an assessment, in compliance with Section 9 and Section 6 of this Part 1, of a property for the purpose of determining whether it is a methamphetamine-affected property.

“Sealed” means closed or protected against exposure, leakage or passage of liquids by coating.

“Shall” is used to indicate a mandatory requirement.

“Structure” means anything constructed or erected at a fixed location, whether installed on, above or below the surface of a parcel of land.

“Substrate” means the material from which a sample is being collected. Substrates may include soils, water, painted surfaces, carpet debris, unidentified powders, dust, etc.

17

9

688689

690691692

693694695696

697698

699700701702703

704705706707708

709710711

712713714715716

717718

719720721

722

723

724725

726727

10

“Vacuum sample” means a non-airborne dust sample collected from a known surface area of a surface or material using standard vacuum sampling techniques as described in Section 6 of this Part 1.

“Vehicle” means any object defined as a “vehicle” in Section 42-1-102, C.R.S. “Vehicle” includes recreational vehicles, campers, buses with a toilet and a galley, trailers as defined in Section 42-1-102(105) C.R.S., trailer coaches as defined in 42-1-102(106)(a) C.R.S., and motor homes as defined in § 42-1-102(57), C.R.S. It also includes vehicles that are no longer capable of moving themselves because they have been partially disassembled (e.g., a motor home with the wheels and engine removed).

“Ventilation Contractor” is a classification of Contractor. A Ventilation Contractor is a person who possesses a Ventilation Contractor certificate under Section 7 of this Part 2.

“Waste disposal area” means any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.

“Wipe sample” means a surface sample collected by wiping a sample media on the surface being sampled in accordance with Section 6 of this Part 1.

3.0 Screening Level Assessment of Properties not known to be methamphetamine-affected properties. This section establishes procedures and standards for testing real property pursuant to §38-35.7-103, C.R.S. Screening level assessments pursuant to this section are for the purposes of determining if the property is a methamphetamine-affected property. The procedures in this section are not to be used to make decontamination decisions.

3.1 Only Consultants in good standing may conduct screening-level assessments. The Consultant shall personally inspect the property to gather all of the information necessary to prepare a Screening Assessment Report.

3.2 If the Consultant conducts a background check, and this background check indicates that the property is a methamphetamine-affected property, then the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 apply in lieu of this section.

3.3 The Consultant shall document any observed signs that the property, or any unit in a multi-unit structure, is a methamphetamine-affected property. If any signs of a methamphetamine-affected property are observed, then the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 apply in lieu of this section.

3.4 If the screening level assessment involves a multiple unit structure, each accessible unit must be inspected for signs that the unit has been used as an illegal drug laboratory. Any unit exhibiting signs of being a methamphetamine-affected property is subject to the preliminary assessment requirements of Section 4 and Section 6 of this Part 1 in lieu of this section. If the screening level assessment involves a single unit with multiple tenants, each tenant’s living space must be inspected unless access is not granted. All access limitations shall be documented in the Screening Level Assessment Report in accordance with Section 3.7 of this Part 1.

3.5 The Consultant shall conduct limited composite wipe sampling of the structure for methamphetamine (including fixtures, as appropriate), in accordance with Section 6 of this Part 1.

18

11

728729730

731732733734735736737738739

740741

742743744745746747748749750751752753754755756757758759760761762763764765766767768769770771772773774775776

12

3.6 The analytical laboratory’s Practical Quantitation Limit (PQL) for methamphetamine may not exceed 0.1ug. If any of the composite sample results are above 0.1 ug/100cm2, the property owner must choose between the following two courses of action:

3.6.1 The property may be assumed to be a methamphetamine-affected property, with no further sampling, and thus must comply with the preliminary assessment and decontamination requirements of this Part 1; or

3.6.2 A full clearance sampling protocol as specified in Section 6 may be conducted. If the clearance sampling results demonstrate that concentrations of methamphetamine do not exceed the cleanup standards in Section 7 of this Part 1, the property is considered compliant with the clearance requirements of the regulation. If the clearance sampling fails to demonstrate that meth concentrations are below the specified cleanup standards, then the property must be decontaminated in accordance with the requirements of this Part 1.

3.7 Information collected during the screening level assessment shall be documented in a Screening Assessment Report and shall include, but not be limited to, the following, to the extent available and applicable:

3.7.1 Property description including physical address, number and type of structures present.

3.7.2 Description of structural features in all buildings, such as attics, false ceilings, crawl spaces, and basements.

3.7.3 Identification and documentation of common ventilation systems connected to adjacent units or common areas.

3.7.4 Summary of observations made during inspections.

3.7.5 Photographic documentation of property conditions.

3.7.6 Documentation of screening level sampling shall include:

3.7.6.1 a description of the sampling procedures used, including sample collection, handling, and quality control/quality assurance (QA/QC);

3.7.6.2 documentation of the analytical methods used and laboratory QA/QC requirements, including the laboratory analytical report and chain-of-custody documentation; and

3.7.6.3 results of sampling, including a description of sample locations and a computer generated figure illustrating the layout of the building(s) and sample locations and identification. Sample results shall be presented as reported by the analytical laboratory, and shall not be adjusted, changed or manipulated in any way. Spiked samples submitted for analysis shall not be used for purposes of compliance with the regulation.

3.7.7 The Consultant shall provide a copy of the Screening Assessment Report to the Department within 30 days of receipt of laboratory results.

4.0 Preliminary Assessment. A preliminary assessment of all methamphetamine-affected properties shall be conducted in accordance with this section and Section 6.1.2 of this regulation prior to the

19

13

777778779780781782783784785786787788789790791792793794795

796797

798799

800801

802

803

804

805806

807808809

810811812813814815

816817

818819

14

commencement of property decontamination, unless the property owner elects to demolish the property in lieu of assessment and decontamination pursuant to § 25-18.5-103(1)(a). No person other than a Consultant in good standing may perform preliminary assessments. Information gained during the preliminary assessment shall be the basis for property decontamination and clearance sampling. Consultants shall use appropriate personal protective equipment during the preliminary assessment. The Consultant shall ensure that during the preliminary assessment, access to the property is limited to those with appropriate personal protective equipment who have been trained and certified under Section 25-18.5-106 C.R.S. and Part 2 of these regulations. The Consultant shall personally inspect the property to gather all of the information necessary to prepare a Preliminary Assessment Report (other than the legal description of the property and the background information described in Section 4.2), and shall document information collected through photographs, notes, and other appropriate methods. The Consultant shall evaluate the information collected during the preliminary assessment and record his or her observations and findings in a Preliminary Assessment Report. The Preliminary Assessment Report shall include, but not be limited to, the following, to the extent available and applicable:

4.1 Property description, including physical address, legal description, number and type of structures present, description of adjacent and/or surrounding properties, and any other observations made.

4.2 Summary of information from review of available law enforcement reports regarding the manufacturing method, chemicals present, cooking areas, chemical storage areas, and areas of contamination or waste disposal.

4.3 Description of structural features in all buildings, such as attics, false ceilings, crawl spaces, and basements, including:

4.3.1 If the building has an attic, a description of the integrity of the building ceiling (i.e., attic floor), any signs of access, storage, manufacturing or venting into the attic (e.g., holes cut in ceiling for the purpose of venting gases from a cook), and a description of observations of the ducting associated with all bathroom and kitchen exhaust vents. If preliminary assessment sampling is conducted, include the results of sampling in accordance with Section 6.

4.3.2 a description of the integrity of the building floor, and if there is a crawl space, a

description of any signs of access, storage, venting or disposal related to methamphetamine manufacturing, integrity of any vapor barriers, and any signs of disposal into the soil of the crawl space. The soil investigation shall be conducted in accordance with the assessment procedures in Section 6 of this Part. If the vapor barrier is intact and in good condition, and if there is no indication of chemical disposal, the soil beneath the vapor barrier may be presumed to meet the cleanup criteria, and no soil sampling is required.

4.4 Description of outdoor areas, including notation of the following:

4.4.1 Factors limiting the inspection, such as snow cover or heavy vegetation.

4.4.2 Conditions indicative of contamination.

4.5 Identification of manufacturing methods based on the Consultant’s observations and law enforcement reports, if available.

20

15

820821822823824825826827828829830831832833834835

836837838

839840841

842843844845846847848849850851852853854855856857858859

860

861

862

863864

16

4.6 Identification of chemicals used, based on the Consultant’s observations and knowledge of manufacturing method(s), and if available, identification and documentation of any methamphetamine lab wastes or precursor chemicals discovered at the property.

4.7 Identification and documentation of areas of contamination. This identification may be based on visual observation, law enforcement reports, proximity to chemical storage areas, waste disposal areas, cooking areas, use areas, or the professional judgment of the Consultant. All rooms of all buildings (except multi-unit buildings) on methamphetamine-affected properties must be assumed to be contaminated above the cleanup standards of Section 7, unless sampling conducted in accordance with the clearance level sampling protocols of Section 6 demonstrates the absence of such contamination in a given room. The Consultant may determine that assessment level sampling is appropriate to verify the presence or absence of contamination in a given room to assist in selecting an appropriate decontamination strategy. If the Consultant determines that assessment sampling is appropriate, such sample collection and analysis shall be conducted in accordance with the assessment level sampling protocols and other requirements of Section 6 of this Part 1.

4.8 Identification and documentation of chemical storage areas, waste disposal areas, cooking areas and/or use areas, if known.

4.9 Identification and documentation of signs of contamination such as staining, etching, or fire damage.

4.10 Description of plumbing system, including identification and documentation of potential disposal into the sanitary sewer or an on-site wastewater treatment system (OWTS). If an OWTS is present, a description of the results of field screening of the OWTS in accordance with Section 6 of this Part 1. If the Consultant determines that sampling of an OWTS is necessary to determine if methamphetamine lab wastes have been disposed of into an OWTS, include the results of sample collection and analysis conducted in accordance with Section 6.

4.11 For properties with multi-unit buildings, identification of adjacent units and common areas where contamination may have spread or been tracked.

4.11.1 If contamination above the standard is identified in any living space in a multi-unit structure with shared attics (i.e., open space with no fire walls), the shared attic spaces shall be investigated to determine whether they are also contaminated. If access is not available to inspect or sample shared attic spaces, the owner of the contaminated unit or their representative shall give notice to the owner(s) of the shared attics and the owners of the units that are immediately below the shared attic spaces that methamphetamine contamination may be present. The consultant shall document any limitations on access in the final report.

4.11.2 If a multi-unit structure has connected crawl spaces, the crawl spaces shall be investigated to determine whether the connected crawl spaces are also contaminated. If access is not available to inspect or sample connected crawl spaces, the owner of the methamphetamine-affected property or their representative shall give notice to the owner(s) of the connected crawl spaces and the owners of the units that are immediately above the connected crawl spaces that methamphetamine contamination may be present. Any limitation on access shall be documented in the final report.

21

17

865866867

868869870871872873874875876877878879880

881882

883884

885886887888889890891

892893894895896897898899900901902903904905906907908909910911

18

4.12 Identification and documentation of any common ventilation systems connected to adjacent units or common areas.

4.13 Identification of surfaces that are known or suspected to have been painted after the cessation of contamination-causing activities (painted-over surfaces).

4.14 Photographic documentation of property conditions, including cooking areas, chemical storage areas, waste disposal areas, and areas of obvious contamination.

4.15 If assessment sampling is conducted, it shall be conducted in accordance with Section 6 of this Part 1. Documentation of assessment sampling shall include:

4.15.1 a description of the sampling procedures used, including sample collection, handling, and QA/QC;

4.15.2 documentation of the analytical methods used and laboratory QA/QC requirements, including the laboratory analytical report and chain-of-custody documentation; and

4.15.3 results of sampling, including a description of sample locations and a computer generated figure illustrating the layout of the building(s) and sample locations and identification. Sample results shall be presented as reported by the analytical laboratory, and shall not be adjusted, changed or manipulated in any way. Spiked samples submitted for analysis shall not be used for purposes of compliance with these regulations.

4.16 Documentation of personal property assessment and discussion of items that require decontamination or disposal, and items that can be released to the owner because the Consultant has determined, in accordance with Section 5.11.1.4 of this Part 1, that they are not contaminated.

4.17 If clearance sampling is conducted during the preliminary assessment, it shall be conducted in accordance with Section 6 of this Part 1. Documentation of clearance sampling shall include:

4.17.1 A description of the sampling procedures used, including sample collection, handling, and QA/QC.

4.17.2 Documentation of the analytical methods used and laboratory QA/QC documentation, including the laboratory analytical report and chain-of-custody documentation.

4.17.3 Results of clearance sampling, including a description of sample locations and a computer generated figure with sample locations and identification, and a copy of each laboratory report of sample results. Sample results shall be presented as reported by the analytical laboratory, and shall not be adjusted, changed or manipulated in any way. Spiked samples submitted for analysis shall not be used for purposes of compliance with the regulation.

4.17.4 Documentation of variations from standard practices.

4.17.5 A certification statement, signed by the Consultant, in substantially the following form:

22

19

912913

914915

916917

918919

920921

922923924

925926927928929930

931932933934

935936937

938939

940941942

943944945946947948

949

950951

20

“I hereby certify that I conducted clearance sampling in accordance with 6 CCR 1014-3, § 6. I further certify that the cleanup standards established by 6 CCR 1014-3, § 7 [choose one: have/have not] been met as evidenced by testing I conducted.”

4.18 Evidence of Consultant certification under Part 2 of these regulations.

4.19 A certification statement, signed by the Consultant, in the following form:

“I hereby certify that I conducted a preliminary assessment of the subject property in accordance with 6 CCR 1014-3, § 4.”

4.20 The Consultant shall provide a copy of the Preliminary Assessment Report to the Department within 30 days of completing the report.

5.0 Decontamination and Removal Procedures. Decontamination and removal of contaminated materials shall be performed by a Contractor in good standing. Decontamination and removal must be overseen at all times by a Decontamination Supervisor. Decontamination Supervisors, Decontamination Workers, and Ventilation Contractors shall use appropriate personal protective equipment during decontamination activities. The Property owner, in consultation with the Contractor, may choose to remove and properly dispose materials at a solid waste landfill, in accordance with Section 5.13 of this Part 1, in lieu of decontaminating them. The Contractor shall conduct decontamination to reduce the concentration of all contaminants on the Property to or below the levels specified in Section 7.0 of this Part 1. Decontamination shall employ techniques that result in the physical removal of contamination. The use of decontamination products, including, but not limited to, corrosives and caustic agents that chemically treat or alter contaminants, rather than physically remove the contaminants, is prohibited. The Contractor shall conduct decontamination in accordance with procedures designed to protect workers, future occupants, neighbors and the general public, including, but not limited to, the following:

5.1 In multi-unit structures and structures with common access hallways, install a negative air unit equipped with a HEPA filtration system and operate it throughout the decontamination process to minimize dispersal of airborne particulates caused by decontamination.

5.2 If there is visible dust present, vacuum the entire area using a HEPA vacuum.

5.3 Wash and rinse all surfaces that are (or are reasonably expected to be) contaminated. The Contractor shall use detergent water solution for washing and potable water for rinsing.

5.4 All contaminated material that will not or cannot be decontaminated to cleanup standards specified in Section 7.0 of this Part 1 shall be removed and disposed. If clearance sampling cannot demonstrate that cleanup standards have been met, the material must either be re-cleaned until cleanup standards are met or the material must be removed and disposed.

5.5 Encapsulation of surfaces may only be conducted after clearance sampling has demonstrated that cleanup standards have been achieved, as specified in Section 7.0 of this Part 1, and as may be required by the governing body as defined in Section 25-18.5-101(7), C.R.S.

5.5.1 Painted-over surfaces (as defined in Section 2 of this Part 1) that, following decontamination, fall in between the cleanup standards of Sections 7.1 and 7.1.3

23

21

952953954955

956

957

958959

960961

962963964965966967968969970971972973974975

976977978979

980

981982983

984985986987988

989990991992

993994

22

of this Part 1 shall be encapsulated or removed. Encapsulation shall be performed by applying a coat of oil-based paint using a spray-on method of application. Painted-over surfaces that have been decontaminated and are below the cleanup standard of Section 7.1 of this Part 1 do not have to be encapsulated.

5.6 Ventilation systems shall be decontaminated or removed by a Ventilation Contractor, Decontamination Worker, or Decontamination Supervisor who is trained, certified, and equipped to comply with the following protocol for ventilation system decontamination:

5.6.1 Decontamination of the ventilation system shall either take place after an initial gross decontamination of the structure or after complete decontamination of the structure.

5.6.2 At a minimum, the Ventilation Contractor shall perform the following actions, or an alternative decontamination procedure that has been approved by the Department:

5.6.2.1 Perform a walk-through of the structure prior to initiation of the project to establish a specific plan for decontamination of the ventilation system, and to identify components that will be removed.

5.6.2.2 Remove and dispose all porous components, flexible ducting, glass-lined ducting, and any ducting that has been damaged or compromised. If such items are part of the structure (e.g., space between the studs in a wall is used as a cold air return, or ducting has been embedded in a cement slab foundation), render them unusable. Embedded ducting must be plugged to a point as far as reachable and grouted to the existing floor surface.

5.6.2.3 Place protective coverings in areas where work is being performed, including plastic or drop cloths around each area where the duct is penetrated. Utilize controlled containment practices to ensure that debris is not dispersed outside the air conveyance system during cleaning.

5.6.2.4 Perform a visual inspection of plenums, interior ductwork surfaces and internal components. Inspect all points where lateral lines are attached at the boot (vent) and trunk line in attics and crawl spaces for sufficient integrity to successfully create negative pressure. Seal or remove breaches as necessary to maintain pressure.

5.6.2.5 Place critical barriers over any hole where ducting has been removed from an attic or crawl space immediately upon removal to prevent cross contamination and/ or migration of contamination.

5.6.2.6 Shut off and lock out all air handler units before working on each air conveyance system.

5.6.2.7 Remove and clean or dispose all return air grills, registers and miscellaneous non-porous components.

24

23

995996997998999

100010011002

100310041005

100610071008

100910101011

1012101310141015101610171018

10191020102110221023

10241025102610271028

102910301031

10321033

10341035

24

5.6.2.8 If structural component are used as duct runs, access or expose non-structural components as necessary to access and decontaminate the duct run or install a new duct run.

5.6.2.9 Remove any large debris that has accumulated inside the system and HEPA vacuum the inside of ducting from each vent.

5.6.2.10 Draw a negative pressure on the entire ductwork, using HEPA-exhausted vacuum filters, throughout the cleaning process. Establish an appropriate pressure to ensure removal of all loose debris. Commence vacuuming at the furthest vent from the heating and/or cooling unit, and proceed toward the unit.

5.6.2.11 Clean the ventilation system, including the outside air intake, supply ductwork and return air plenums, using pneumatic or electrical agitators to agitate debris into an airborne state. Additional equipment may be also be used in the cleaning process, such as brushes, air lances, and air nozzles.

5.6.2.12 Open and inspect air handling units and clean all components.

5.6.2.13 After decontamination of the system, install new/clean critical barriers at each access point, and leave in place until the cleanup standards in Section 7.0 of this Part 1 are achieved throughout the property.

5.6.2.14 Bag and label all debris and other items removed from the ventilation system, including any filters, and properly dispose of at a solid waste landfill, in accordance with Section 5.12 of this Part 1.

5.6.2.15 Decontaminate or package for proper disposal all equipment used in the cleaning of the ventilation system before removing from the property.

5.6.3 The introduction of any materials or chemicals into a central heat system that are not approved by the EPA, on the product label, for that specific use is prohibited. The use of oxidizers or corrosives is also prohibited. EPA approved sealers shall not be used until after clearance sampling indicates the cleanup standard has been met in the ventilation system.

5.6.4 Other heating systems, such as electric in-wall heaters, gas wall heaters, and baseboard heaters, shall be thoroughly decontaminated or removed and disposed.

5.7 Attics determined to be contaminated above the cleanup standard for limited exposure areas, as specified in Section 7.1.2 of this Part 1, shall either be removed or decontaminated; if the property owner chooses to decontaminate the attic, the Contractor shall use the following procedure, at a minimum:

5.7.1 Remove all insulation and debris in the attic, and remove all ducting associated with bathroom and kitchen exhaust vents.

5.7.2 Establish critical barriers on the lower side (ceiling side) of the vent openings. All critical barriers must be maintained in good condition until the entire structure has been decontaminated to meet cleanup criteria.

25

25

103610371038

10391040

10411042104310441045

10461047104810491050

1051

105210531054

105510561057

105810591060

10611062106310641065

106610671068106910701071107210731074107510761077107810791080

26

5.7.3 Thoroughly HEPA vacuum the attic.

5.7.4 Decontaminate attic surfaces using a detergent water wash followed by rinsing. Control and contain excess decontamination liquids in a manner that will prevent the build-up of free liquids or cause damage to building materials.

5.7.5 Following decontamination, the Consultant shall sample the attic area in

accordance with the clearance sampling requirements of Section 6 of this Part 1 to determine if the residual contamination levels exceed the cleanup standard for limited exposure areas.

5.7.6 If the clearance sampling indicates the area is still above the cleanup standard, the Contractor shall either conduct additional decontamination as provided above, or remove the contaminated material. If additional decontamination is conducted, the Consultant shall repeat clearance sampling. Decontamination is not complete until contaminated materials have either been removed or decontaminated to meet the standard.

5.8 Crawl spaces determined to be contaminated above the cleanup standard for limited exposure area, as specified in Section 7.1.2 of this Part 1, shall be decontaminated using the following procedure, at a minimum:

5.8.1 Remove all insulation and debris.

5.8.2 Remove existing vapor barrier, if present, using dust control measures to prevent cross contamination.

5.8.3 If no vapor barrier is present, or following removal of an existing vapor barrier, install a layer of 6 mil polyethylene sheeting, or equivalent, during decontamination to capture decontamination fluids. Excess decontamination liquids shall be collected, containerized and disposed in accordance with Section 5.12.3 of this Part 1. The polyethylene sheeting shall be removed and disposed after the decontamination process is complete.

5.8.4 If the ducting for the central heat system is removed, install critical barriers on the upper side (floor side) of the vent holes. All critical barriers shall be maintained in good condition until the entire structure has been decontaminated and meets cleanup criteria.

5.8.5 HEPA vacuum all surfaces except for dirt floors.

5.8.6 Decontaminate all surfaces, other than dirt floors, using a detergent water wash followed by rinsing.

5.8.7 If it is determined that chemicals have been disposed onto the dirt floor, remove all contaminated soil and dispose offsite, in accordance with Section 5.12 of this Part 1. The extent of soil removal shall be based on the visual observations and field screening in accordance with Section 6 of this Part 1.

5.8.8 After completing steps 1 through 7, sample surfaces, other than dirt floors, in accordance with the clearance sampling requirements of Section 6 of this Part to determine if contaminant concentrations exceed the cleanup standard.

26

27

108110821083108410851086108710881089109010911092109310941095109610971098109911001101110211031104110511061107110811091110111111121113111411151116111711181119112011211122112311241125112611271128112911301131113211331134

28

5.8.9 If the clearance sampling indicates the area is above the cleanup standard, conduct additional decontamination. Decontamination is not complete until contaminated material is removed or clearance sampling indicates the cleanup standard has been met.

5.8.10 If the vapor barrier was removed, a new barrier shall be installed above the dirt floor unless determined by the Consultant, in consultation with the owner, to be unnecessary. The vapor barrier shall be as required by local building code.

5.8.11 If there was no vapor barrier, but the crawlspace was contaminated above the cleanup standard, remove the top 2 inches of dirt and dispose in a solid waste landfill.

5.9 Flush plumbing systems connected to the sanitary sewer with potable water to eliminate any residual chemicals.

5.10 If assessment sampling demonstrated that methamphetamine lab wastes have been disposed of into an OWTS, pump the system and characterize and dispose the wastes in accordance with Sections 5.12, and 6.6.4 of this Part 1.

5.11 Personal Property

5.11.1 Personal property must either be:

5.11.1.1 decontaminated to the cleanup standards specified in Section 7.0 of this Part 1, as demonstrated through clearance sampling of the personal property;

5. 11.1.2 decontaminated as provided in Sections 5.9.2 and 5.9.3;

5.11.1.3 properly disposed in accordance with Section 5.9 of this Part 1; or

5.11.1.4 determined not to be contaminated as follows:

5.11.1.4.1 the personal property in question, or other personal property of similar material and located in the same room, was sampled in accordance with the clearance level sampling protocols and other requirements of Section 6 of this Part 1, and determined to be below the cleanup standards specified in Section 7.0 of this Part 1; or

5.11.1.4.2 the personal property in question was located in a room that was determined to be below the cleanup standards specified in Section 7.0 of this Part 1 after being sampled in accordance with the clearance level sampling protocols and other requirements of Section 6 of this Part 1; and in the Consultant’s judgment, the item is unlikely to have been contaminated from exposure elsewhere in the property, given the nature of the item, the time the item was introduced to the property (if known), and any other relevant factors or information.

5.11.2 Hard non-porous household goods (including ceramics, hard plastics, electronics, metals and glass) that show no signs of having been used during the

27

29

113511361137113811391140114111421143114411451146114711481149

115011511152

1153

1154

115511561157

1158

1159

1160

116111621163116411651166

1167116811691170117111721173117411751176

11771178

30

meth cooking process (e.g., are not etched, stained, or emitting odors) may be decontaminated by washing them at least twice using a detergent-water solution and rinsing after each washing with potable water. Only the exterior of electronic goods such as televisions, computers, or home audio and video equipment, must be washed unless such items are being recycled, in which case they must be dunk-washed in accordance with Section 5.12.2. Eligible items decontaminated pursuant to this section do not require clearance sampling. As used in this section, the term “household goods” excludes major appliances such as ranges, cooktops, ovens, microwaves and refrigerators.

5.11.3 Clothing and linens that are not obviously contaminated may be laundered on-site in accordance with the following conditions:

5.11.3.1 clothing and linens must be handled in a manner that prevents cross-contamination of uncontaminated areas;

5.11.3.2 clothing and linens must be washed at least three consecutive times with detergent using a standard washing machine, without being dried in between washes.

5.11.3.3 Clothing and linens that are decontaminated in accordance with this Section 5.9.3 do not require clearance sampling.

5.12 Waste management shall be conducted in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3) and the Colorado Solid Waste Regulations (6 CCR 1007-2).

5.12.1 Non-hazardous debris and contaminated material generated during decontamination of methamphetamine-affected properties shall be managed as solid waste.

5.12.2 Electronic devices that are banned from disposal under Section 25-15-303, C.R.S. shall be recycled in accordance with the Colorado Solid Waste Regulations (6 CCR 1007-2). If the device is to be recycled and was stored in a room that is determined to be contaminated, the device shall be dunk-washed at least 3 times, or dismantled and HEPA vacuumed, prior to being recycled.

5.12.3 Wash water shall be containerized for offsite disposal, or may be disposed to the sanitary sewer with prior approval from the POTW. A pH test shall be conducted to determine if neutralization of the wash water is necessary prior to disposal.

5.12.4 Wastes removed from OWTSs shall be disposed of as either solid or hazardous waste based on results of laboratory analysis as described in Section 6 of this Part 1.

5.12.5 Methamphetamine lab wastes and precursor chemicals discovered at the property shall be disposed of as either solid or hazardous waste based on results of laboratory analysis as required by 6 CCR 1007-3 Section 261.

5.13. Any demolition of all or part of a structure shall be conducted in accordance with all local, State and Federal requirements. All material from demolition or removal shall be disposed in a solid waste landfill.

28

31

117911801181118211831184118511861187

11881189

11901191

119211931194

11951196

119711981199

120012011202

12031204120512061207

120812091210

121112121213

121412151216

121712181219

32

5.14 Septic tank contents containing methamphetamine lab waste that have been determined to be a hazardous waste shall be disposed of in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3). Septic tank contents containing methamphetamine lab waste that have been determined not to be hazardous waste shall be disposed in accordance with the Colorado Solid Waste Regulations (6 CCR 1007-2), and local requirements.

5.15 If sampling provides evidence that hazardous waste has been disposed of in the OWTS, an investigation of potential environmental contamination shall be conducted. The investigation and cleanup of soil, surface water and groundwater contamination resulting from disposal of methamphetamine lab wastes into an OWTS shall be conducted under an approved plan in accordance with either the Colorado Hazardous Waste Regulations (6 CCR 1007-3), or the Colorado Solid Waste Regulations (6 CCR 1007-2), as appropriate based on sampling results, and with Water Quality Control Commission Regulations 31 and 41. Specific investigation requirements shall be determined through consultation with the Department’s Hazardous Materials and Waste Management Division. Guidance on soil and groundwater investigations can be found in the Department of Public Health and Environment, Hazardous Materials and Waste Management Division (May 2002), Corrective Action Guidance Document and the EPA Environmental Investigations Standard Operating Procedures and Quality Assurance (EISOPQA) Manual.

5.16 If surface soil sampling indicates that soil has been impacted by methamphetamine lab waste, additional investigation and remediation shall be conducted under an approved plan in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3) or the Colorado Solid Waste Regulations (6 CCR 1007-2).

5.17 The investigation and cleanup of soil, surface water and groundwater contamination shall be conducted in accordance with either the Colorado Hazardous Waste Regulations, or the Colorado Solid Waste Regulations, as appropriate based on sampling results, and in accordance with Water Quality Control Commission Regulations 31 and 41 (5 CCR 1002-31 and 5 CCR 1002-41). Occurrences of outdoor contamination shall be reported to the Department within 72 hours of discovery.

6.0 Sampling and Analytical Procedures.

6.1 General Requirements

6.1.1 Only Consultants in good standing may conduct sampling under these regulations.

6.1.2 To prevent any real or potential conflicts of interest, a Consultant who is retained to conduct a screening level assessment, preliminary assessment, or clearance sampling at a given property must be independent of the Contractor who is retained to decontaminate the property.

6.1.3 The following sample collection procedures shall be followed for screening level

sampling, preliminary assessment sampling and clearance sampling, except as provided in Section 6.8.2 of this Part 1.

6.1.3.1 Wipe sampling shall be used to determine the extent of methamphetamine contamination on all surfaces at all methamphetamine-affected properties, and at all properties that are undergoing a screening-level assessment

29

33

122012211222122312241225

12261227122812291230123112321233123412351236123712381239

1240124112421243

124412451246124712481249

12501251125212531254125512561257125812591260126112621263126412651266126712681269

34

6.1.3.2. Wipe sampling shall be used to determine the extent of lead contamination on all surfaces at properties whenever the preliminary assessment indicates the P2P method of methamphetamine manufacture was used on the property.

6.1.3.3 Wipe sampling shall be used to determine the extent of iodine contamination whenever there is visible evidence of iodine staining on surfaces that will not be removed.

6.1.3.4 Vacuum sampling may, at the Consultant’s discretion, be used instead of wipe sampling to determine the extent of methamphetamine, iodine or lead contamination on fabrics or textiles only.

6.1.3.5 Vapor sampling shall be used to determine the extent of mercury contamination whenever circumstances indicate the P2P method of methamphetamine manufacture was used on the property.

6.2 Discrete Wipe Sample Collection Procedures . The following procedure shall be used for collecting discrete wipe samples:

6.2.1 Sample media shall consist of 2x2 inch wipes made of one of the following:

6.2.1.1 Cotton gauze material.

6.2.1.2 4-ply non-woven cotton/polyester blend.

6.2.1.3 Tightly knitted continuous filament polyester.

6.2.2 Delineate a 100 cm² area on the surface to be sampled, either by attaching a physical template to the surface (being careful not the touch the area within the template), or by an equivalently reliable and accurate method. The area within the template (i.e., the sample area) shall be 100 cm2. Physical templates may not be re-used.

6.2.3 Prepare a rough sketch of the area(s) to be sampled and indicate sample location(s).

6.2.4 Wet the sample media with isopropanol to enhance collection efficiency.

6.2.5 Use a new set of clean, non-powdered impervious gloves for each sample to avoid contamination of the sample media by previous samples and to prevent contact with the substance.

6.2.6 Press the sample media down firmly, but not excessively, with the fingers, being careful not to touch the sample surface with the thumb. Blot rough surfaces uniformly instead of wiping. Wipe smooth surfaces as described in the next section below.

6.2.7 Wiping shall be done by one of the following methods:

6.2.7.1 Square method: Start at the outside edge and progress toward the center of the surface area by wiping in concentric squares of decreasing size.

6.2.7.2 “S” method: Wipe horizontally from side-to-side in an overlapping “S”-like pattern as necessary to completely cover the entire wipe area.

30

35

1270127112721273

127412751276

127712781279

1280128112821283128412851286128712881289

1290

1291129212931294129512961297

12981299

1300

130113021303

1304130513061307

13081309131013111312

13131314

36

6.2.8 Without allowing the sample media to come into contact with any other surface, fold the sample media with the sampled side in.

6.2.9 Use the same sample media to repeat the sampling of the same area using the same method. If using the “S” method, the second pass shall be sampled by wiping with overlapping “S”-like motions in a top-to-bottom direction.

6.2.10 Fold sampled side in. Using the same sample media, sample the same area a third time. The third pass shall be sampled by wiping using the method not previously used (i.e., use the square method if the “S” method was originally used).

6.2.11 Fold the sample media over again so that the sampled side is folded in. Place the sample media in a sample container, cap and number it, and note the number at the sample location on the sketch. Remove and discard impervious gloves. Include notes with the sketch giving any further description of the sample, including sample name and time of collection. Photograph each sample location.

6.2.12 At least one field blank, prepared and handled in the same fashion but without wiping, shall be submitted for every 10 samples collected, according to the following:

6.2.12.1 To collect a field blank, remove a wipe from the wrapper with a new glove, shake the wipe open, refold in the same manner as during the sampling procedure, and then insert the wipe into the sample container.

6.2.12.1 Repeat this procedure for multiple aliquots when collecting a composite field blank.

6.2.12.2 For projects with fewer than 10 samples collected, the last sample collected shall be the field blank.

6.2.12.3 For projects with greater than 10 samples collected, sample 11 shall be a field blank, every 10th subsequent sample shall be a field blank, and the last sample of any sample group with fewer than 10 samples shall be a field blank.

6.2.12.4 Field blanks shall be representative of the majority of samples collected for every sample group (i.e., discrete or composite).

6.2.13 Follow sample handling procedures as specified by the analytical method listed in Section 6.12 of this Part 1.

6.2.14 A Chain of Custody Record shall be maintained from the time of sample collection until final disposition. Sample(s) collected from a single methamphetamine-affected property shall be documented on one Chain of Custody Record. Every transfer of custody shall be noted and signed for and a copy of the record shall be kept by each individual who has signed it. Samples shall be sealed, labeled, and secured. All samples collected shall be transported directly to the laboratory. Shipping samples overnight is considered direct transport, and the shipping label shall be considered part of the Chain of Custody Record. All sample documents shall be retained for the project record and included in the project reports. At a minimum, the Chain of Custody Record shall include the following:

31

37

13151316

131713181319

1320132113221323

13241325132613271328

13291330133113321333133413351336

13371338

13391340

1341134213431344

134513461347134813491350135113521353135413551356135713581359136013611362

38

6.2.14.1 Property address

6.2.14.2 Sample name and contact information

6.2.14.3 Sample identification number

6.2.14.4 Sample area

6.2.14.5 Number of sample aliquots

6.2.14.6 Number of containers for each sample

6.2.14.7 Sample collection time and date

6.2.14.8 Sample matrix

6.2.14.9 Requested analysis

6.2.14.10 Sample preservatives, if applicable

6.2.14.11 Signature and date for each person relinquishing or receiving sample custody

6.2.15 Painted-over surfaces. The concentration of methamphetamine present below a

painted-over surface (as defined in Section 2 of this Part 1) shall be estimated by one of the following methods:

6.2.15.1.1 Collect wipe samples from similar surfaces within the same room that were not painted after contamination was introduced, or

6.2.15.1.2 Sample the painted over surface as set forth in 6.2.1 – 6.2.14, except that methanol shall be used as the wetting agent for the sampling media to acquire a representative sample from beneath the painted-over surface.

6.3 Composite Wipe Sample Collection Procedures. When collecting composite samples, the procedure outlined in Section 6.2 above for discrete samples shall be used for the collection of each aliquot comprising the composite sample, with the following exceptions:

6.3.1 A single pair of gloves may be used to collect each aliquot that will be part of a composite sample. However, a new pair of gloves must be used for each set of composite samples.

6.3.2 The sample media from all individual aliquots that make up a composite sample must be placed in one sample container.

6.3.3 A separate piece of sample media shall be used for each aliquot.

6.3.4 No more than 4 aliquots may be combined in a single composite sample.

6.3.5 All aliquots in a single composite sample collected from personal property must be collected from similar material.

6.3.6 All individual aliquots must be collected from 100 cm2 sampling areas.

6.4 Vacuum Sample collection procedures. At the Consultant’s discretion, vacuum sampling may be used to determine the extent of contamination on fabrics and textiles, including carpeting, drapery, upholstery, clothing, and other fabric goods. Vacuum samples shall be collected in accordance with procedures for sample collection described in Section 9 of the ASTM International Method D5756-02, Standard Test Method for Microvacuum

32

39

1363

1364

1365

1366

1367

1368

1369

1370

1371

1372

137313741375137613771378137913801381

138213831384138513861387138813891390139113921393

13941395

1396

1397

13981399

14001401

14021403140414051406

40

Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration as incorporated in Section 9 of this Part 1.

6.5 Vapor Sample collection procedures. If the preliminary assessment indicates the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, vapor samples for mercury shall be collected in accordance with the procedures for sample collection described in NIOSH Method 6009 as incorporated in Section 9 of this Part 1.

6.6 OWTS Sampling. If the property has an OWTS, the Consultant shall conduct field screening, and if necessary sample collection from the OWTS to confirm or deny the presence of methamphetamine lab waste, and to ensure proper disposal of any methamphetamine lab waste identified.

6.6.1 Field Screening. Field screening of septic tanks shall be conducted if there is evidence that methamphetamine lab wastes may have been disposed of into an OWTS. Evidence of methamphetamine lab wastes disposal into an OWTS includes, but is not limited to, the following:

6.6.1.1 Witness statements;

6.6.1.2 Stained or etched sinks, bathtubs, toilets;

6.6.1.3 Chemical odors coming from the OWTS plumbing or tank;

6.6.1.4 Visual observations of unusual conditions within the septic tank (“dead tank”); or

6.6.1.5 stressed or dead vegetation in a drain field.

6.6.2 Initial field screening shall consist of the following:

6.6.2.1 Monitoring the septic tank for volatile organic compounds (VOCs) using a photo ionization detector (PID) or a flame ionization detector (FID).

6.6.2.2 Testing the pH of liquid in the septic tank using pH paper or a pH meter.

6.6.2.3 Additional field screening may be conducted, at the discretion of the Consultant, to further investigate the possible presence of methamphetamine lab waste.

6.6.3 Sample Collection . If field screening indicates that the OWTS has not been impacted by methamphetamine lab wastes, the OWTS may, in the Consultant’s discretion, be presumed to be uncontaminated, and no further sampling is required. If field screening indicates that the OWTS has been impacted by methamphetamine lab wastes, samples shall be collected from the septic tank to determine if the liquids in the tank contain a hazardous waste. Samples shall be collected according to the requirements of the analytical method being used and the following protocol:

6.6.3.1 Prior to sampling, determine whether the tank consists of one or two chambers through records review, visual inspection of the tank or by sufficiently excavating the septic tank.

33

41

1407140814091410141114121413141414151416141714181419142014211422142314241425

1426

1427

14281429

1430143114321433143414351436

14371438

1439144014411442144314441445144614471448144914501451145214531454

42

6.6.3.2 Samples from single chamber tanks shall be collected from the baffle on the outlet end of the tank.

6.6.3.3 Samples from dual chamber tanks shall be collected from the baffle on the outlet end of chamber one.

6.6.3.4 Samples must be representative of the wastes found in the septic tank. Sampling procedures may include the use of drum thieves, sludge judges or equivalent equipment. The instructions for the correct usage of the sampling device shall be followed.

6.6.3.5 Remove access cover from the first (or only) chamber and locate outlet baffle.

6.6.3.6 Move any floating surface matter away from the insertion point of the sampling device. Do not collect any matter in the sampling device.

6.6.3.7 Insert the sampling device into the tank, lowering it until it hits the bottom.

6.6.3.8 Trap the sample inside the sampling device.

6.6.3.9 Remove the sampling device and fill the laboratory supplied sample containers. The specific volume and type of sample container will be determined based on the type of analysis desired. For VOC analysis, two 40ml vials shall be filled, leaving no headspace.

6.6.3.10 Replace access cover at the completion of sample collection.

6.6.3.11 Samples may be collected in laboratory preserved bottles, or in unpreserved bottles. If the samples are collected in unpreserved bottles, the laboratory must be notified that the samples are unpreserved.

6.6.3.12 Sample containers shall be placed in a cooler with enough ice or ice packs to maintain a temperature of 4° C.

6.6.3.13 A Chain of Custody Record shall be maintained from the time of sample collection until final disposition. Every transfer of custody shall be noted and signed for and a copy of the record shall be kept by each individual who has signed it. Samples shall be sealed, labeled, and secured. All samples collected shall be transported directly to the laboratory. Shipping samples overnight is considered direct transport, and the shipping label shall be considered part of the Chain of Custody Record. All sample documents shall be retained for the project record and included in project reports.

6.6.4 Waste Characterization . The contents of septic tanks that contain waste from methamphetamine labs are solid wastes. Prior to disposal, a hazardous waste determination must be made in accordance with 6 CCR 1007-3 Section 261.20 through 261.24. The following analyses, as incorporated in Section 9 of this Part 1, shall be conducted to determine if an OWTS has been impacted by methamphetamine labs wastes, and if the septic tank contains a characteristic hazardous waste:

34

43

14551456

14571458

1459146014611462

14631464

14651466

14671468

1469

1470147114721473

1474

1475147614771478

14791480

148114821483148414851486148714881489149014911492149314941495149614971498

44

6.6.4.1 VOCs using Method 8260B in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

6.6.4.2 Ignitability/flash point by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (or Method 1010A in EPA SW-846), or Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (or Method 1020B in EPA SW-846).

6.6.4.3 Corrosivity as determined by Method 9040C or Method 1110A in EPA Publication SW-846.

6.6.4.4 Reactivity using Method 9014 and Method 9034 in EPA Publication SW-846.

6.7 Screening level sampling protocols for buildings.

6.7.1 For buildings other than multi-unit structures, a minimum of two (2) 4-aliquot composite samples must be collected, with at least one aliquot being collected from each room. At least one composite sample must include an aliquot from the cold air return of a heating system, if it is a forced air system. All exhaust fans (kitchen, bathrooms, or whole house fan) must also be sampled.

6.7.2 For multi-unit structures, at least ten (10) percent of units that do not exhibit signs of an illegal drug laboratory shall be evaluated through the collection of at least one 4-aliquot composite sample per unit, with at least one aliquot being drawn from each room in the unit. At least one composite sample must include an aliquot from the cold air return of a heating system, if it is a forced air system. All exhaust fans (kitchen, bathrooms, or whole house fan) in sampled units must also be sampled.

6.8 Assessment level sampling protocols for buildings and personal property.

6.8.1 Except as provided in Section 6.8.2 below, the Consultant shall conduct sampling for methamphetamine that meets the clearance sampling level protocols of Section 6.9 in all rooms of a methamphetamine-affected property as part of the preliminary assessment.

6.8.2 The Consultant may determine that some (or all) rooms should be deemed to be contaminated based on data other than assessment sampling. Personal property located in rooms that are deemed to be contaminated is also deemed to be contaminated. Rooms that are deemed to be contaminated do not need to be sampled as part of the preliminary assessment, nor do their contents. However, the Consultant may choose to conduct additional sampling of those rooms or their contents to inform decontamination decisions.

6.9 Clearance level sampling protocols for buildings and personal property. The consultant shall conduct clearance sampling of all structures on any property that meets the definition of a methamphetamine affected property to verify that cleanup standards have been met. Samples shall be collected according to the following criteria:

6.9.1 Except as provided in 6.9.1.1, at least 400 cm2 shall be sampled from every room.

35

45

149915001501

15021503150415051506

15071508

15091510151115121513151415151516151715181519152015211522152315241525152615271528152915301531153215331534153515361537153815391540154115421543154415451546154715481549

46

6.9.1.1 For buildings and structures that have had their internal walls removed, sampling shall be conducted in accordance with 6.9.2 and 6.9.3.

6.9.2 At least 800 cm2 of total surface area must be sampled for any single methamphetamine-affected property.

6.9.3 For rooms greater than 500 ft2 an additional 100 cm2 shall be sampled for each additional 500 ft2 or fraction thereof.

6.9.4 For buildings and structures that have forced air ventilation systems, at least 400 cm2 of surface area of the ventilation system shall be sampled. Samples shall be collected from within the heat exchange unit, inside each cold air return, and from inside the vents closest and furthest from the heating unit. Additional locations within the ventilation system may be sampled at the Consultant’s discretion.

6.9.5 For buildings and structures with non-ducted heating or cooling systems that circulate indoor air, one discrete sample shall be collected from each heating or cooling unit.

6.9.6 Composite samples may be used for clearance sampling of rooms and personal property, provided all aliquots comprising a composite sample come from the same room.

6.9.7 The interior of major appliances (microwaves, refrigerators, freezers, ovens and dryers) must be sampled using discrete samples. The exterior of major appliances may be sampled using composite samples.

6.9.8 Items in a closet that is less than 75 ft.² may be sampled separately from items in the adjoining room (e. g., clothing from a bedroom closet may be sampled separately from textiles in the bedroom).

6.9.9 A composite sample of personal property is considered representative of contaminant levels on all personal property of that type material within the same room. Should analysis of composite samples from multiple items indicate methamphetamine levels in excess of the cleanup standard, all items from which the composite sample was comprised, and all items of that type material within the same room will be considered to be in excess of the cleanup standard, unless a discrete sample of an individual item demonstrates that the cleanup standard has been met on that item.

6.9.10 For structures that have no rooms, the Consultant shall sample at least 100 cm2 for every 500 ft2 of surface area.

6.9.11 Locations of clearance samples shall be based on information gathered during the preliminary assessment. Samples shall be collected from surfaces that have a reasonable potential for exposure from:

6.9.11.1 Areas expected to have the highest levels of contamination, such as cooking areas, chemical storage areas, and waste disposal areas.

6.9.11.2 Areas where contamination may have migrated, such as adjacent rooms or units, common areas, shared attics, shared crawl spaces and shared ventilation systems.

6.9.11.3 Personal property that will not be disposed, except that hard non-porous household goods including ceramics, hard plastics, metals

36

47

15501551

15521553

15541555

15561557155815591560

156115621563

156415651566

156715681569

157015711572

15731574157515761577157815791580

15811582

158315841585158615871588

158915901591

15921593

48

and glass that show no signs of having been used during the meth cooking process (e.g., are not etched, stained, or emitting odors) do not require clearance sampling if they are washed at least two times using a detergent-water solution. As used in this section, the term “household goods” excludes major appliances such as ranges, cooktops, ovens, microwaves and refrigerators.

6.9.11.4 Clothing and linens, except that no sampling is required for:

6.9.11.4.1.1 clothing or linens that will immediately be disposed at a solid waste landfill; or

6.9.11.4.1.2 clothing or linens that are not obviously contaminated, provided such items are managed in accordance with 5.11.3.

6.10 Clearance level sampling protocols for vehicles.

6.10.1 The Consultant shall sample a minimum of 400 cm2 of the interior surface of the vehicle.

6.10.2 The Consultant shall sample an additional 100 cm2 for every 50 square feet of structural floor space for any large vehicle, such as a recreational vehicle, motor home, trailer, or camper.

6.10.3 Composite sampling of vehicles is allowed, provided that all aliquots making up an individual composite are taken from the same vehicle.

6.11 Surface Soil Sampling .

6.11.1 The following procedures shall be followed when conditions indicate the potential for soil contamination:

6.11.1.1 Samples for volatile organic compound (VOC) and semi-volatile organic compound (SVOC) analysis must be collected as discrete samples.

6.11.1.2 Samples for methamphetamine and non-volatile compounds may either be collected as discrete samples or composite samples.

6.11.2 Discrete surface soil samples shall be collected as follows:

6.11.2.1 At each sampling location, clear an area approximately 12 inches in diameter of surface vegetation and debris.

6.11.2.2 Use a decontaminated stainless steel spoon to collect the surface soil to a depth of six inches (i.e., 0-6 inch sample). A decontaminated stainless steel pick may be used as needed to loosen the soil. To the extent possible, eliminate gravel size or larger particles or debris based on visual observation. Be sure to collect sufficient sample volume to meet analytical requirements.

6.11.2.3 Use laboratory supplied or clean unused sample containers. If VOC and SVOC analyses are to be performed, immediately fill the VOC and

37

49

159415951596159715981599

1600160116021603

160416051606160716081609161016111612

161316141615

161616171618

1619162016211622162316241625162616271628162916301631163216331634

163516361637163816391640

16411642

50

SVOC sample containers fully to eliminate head space. Tightly seal the containers with the appropriate lids. Follow sample handling procedures as specified by the analytical method listed in Section 6.12 of this Part 1.

6.11.2.4 A Chain of Custody Record shall be maintained from the time of sample collection until final disposition. Sample(s) collected from a single methamphetamine-affected property shall be documented on one Chain of Custody Record. Every transfer of custody shall be noted and signed for and a copy of the record shall be kept by each individual who has signed it. Samples shall be sealed, labeled, and secured. All samples collected shall be transported directly to the laboratory while maintaining the required temperature controls as specified by the analytical method. Shipping samples overnight is considered direct transport, and the shipping label shall be considered part of the Chain of Custody Record. All sample documents shall be retained for the project record and included in the project reports.

6.11.2.5 Decontaminate the sampling equipment prior to collecting additional samples.

6.11.3 Each composite surface soil sample shall be collected as follows:

6.11.3.1 Composite sampling shall consist of the collection of a 5-aliquot or 10-aliquot composite soil sample collected from a grid with a maximum surface area of 100 square feet. Aliquot locations shall be evenly spaced throughout the entire grid.

6.11.3.2 Prior to sampling, calculate the volume of sample material to be collected for each aliquot to ensure that the necessary amount of composite sample will be obtained. Required sample volumes shall be those specified by the analytical method listed in Section 6.12 of this Part 1. For a given composite sample, the volume of each aliquot must be the same, and must equal 1/n of the required composite sample volume, where n equals the number of aliquot samples making up the composite sample.

6.11.3.3 At each aliquot sample location, clear an area approximately 12 inches in diameter of surface vegetation and debris.

6.11.3.4 Use a decontaminated stainless steel spoon to collect surface soil to a depth of six inches. A decontaminated stainless steel pick may be used as needed to loosen the soil. To the extent possible, eliminate gravel-size or larger particles and debris based on visual observation. Be sure to collect a sufficient volume of aliquot sample. The volume of aliquot collected at each location must be the same.

6.11.3.5 Place the aliquot into a decontaminated stainless steel mixing bowl.

6.11.3.6 Repeat Steps 3 through 5 at each aliquot sample location for a given composite sample, adding each successive aliquot sample to the mixing bowl.

6.11.3.7 Thoroughly mix the sample material in the stainless steel bowl using a decontaminated stainless steel spoon. To homogenize, divide the sample into four quarters and mix each quarter, then combine the four

38

51

1643164416451646

164716481649165016511652165316541655165616571658

165916601661166216631664166516661667

16681669167016711672167316741675

16761677

167816791680168116821683

1684

168516861687

168816891690

52

quarters and mix the entire sample. Place the mixture into appropriate laboratory-supplied or clean unused sample containers. Tightly seal the containers with the appropriate lids. Follow sample handling procedures as specified by the appropriate analytical method listed in Section 6.12 of this Part 1.

6.11.3.8 A Chain of Custody Record shall be maintained from the time of sample collection until final disposition. Sample(s) collected from a single methamphetamine-affected property shall be documented on one Chain of Custody Record. Every transfer of custody shall be noted and signed for and a copy of the record shall be kept by each individual who has signed it. Samples shall be sealed, labeled, and secured. All samples collected shall be transported directly to the laboratory. Shipping samples overnight is considered direct transport, and the shipping label shall be considered part of the Chain of Custody Record. All sample documents shall be retained for the project record and included in the project reports.

6.11.3.9 Decontaminate the sampling equipment prior to collecting additional samples.

6.11.4 If surface soil sampling indicates that soil has been impacted by methamphetamine lab waste, additional investigation and remediation shall be conducted under an approved plan in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3) or the Colorado Solid Waste Regulations (6 CCR 1007-2).

6.12 Analytical Methods. The following analytical methods, as incorporated in Section 9 of this Part 1, shall be used, as applicable, to determine the concentrations of chemicals in samples collected during screening level assessments, preliminary assessments, or clearance sampling. Sample handling, including labeling, preservation, documentation, and chain-of-custody, shall be conducted consistent with the requirements of the analytical method being used. Laboratory QA/QC practices, including the use of matrix spikes and matrix spike duplicates if required by the analytical method, shall be conducted in accordance with the specified method requirements. Analytical methods shall be based on the compound being sampled for.

6.12.1 Analysis of wipe samples and vacuum samples for methamphetamine shall be conducted using one of the following methods:

6.12.1.1 NIOSH Method 9106, Methamphetamine and Illicit Drugs, Precursors and Adulterants on Wipes by Liquid-Liquid Extraction (Issue 1, October 17, 2011).

6.12.1.2 NIOSH Method 9109, Methamphetamine and Illicit Drugs, Precursors and Adulterants on Wipes by Solid Phase Extraction (Issue 1, October 17, 2011).

6.12.1.3 NIOSH Method 9111, Methamphetamine on Wipes by Liquid Chromatography/Mass Spectrometry (Issue 1, October 17, 2011).

6.12.1.4 Method 8270D in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

39

53

16911692169316941695

16961697169816991700170117021703170417051706

1707170817091710171117121713171417151716171717181719172017211722172317241725172617271728172917301731

173217331734

17351736

173717381739

54

6.12.2 Analysis of wipe samples and vacuum samples for iodine shall be conducted using Method 9021 or Method 6020 in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

6.12.3 Analysis of wipe samples for lead shall be conducted using NIOSH Method 9100.

6.12.4 Analysis of vapor samples for mercury shall be conducted using NIOSH Method 6009.

6.12.5 The following analytical methods shall be used to characterize liquid wastes, contaminated soils, and soil samples collected during screening level assessments, preliminary assessments, or clearance sampling:

6.12.5.1 Samples shall be analyzed for VOCs by using Method 8260B in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

6.12.5.2 Samples shall be analyzed for ignitability/flash point by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (or Method 1010A in EPA SW-846), or Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (or Method 1020B in EPA SW-846).

6.12.5.3 Samples shall be analyzed for corrosivity as determined by the pH electrometric measurement Method 9040C in EPA Publication SW-846, or by corrosivity toward steel using Method 1110A in EPA Publication SW-846.

6.12.5.4 Samples shall be analyzed for reactivity using Method 9014 and 9034 in EPA Publication SW-846.

6.12.6 The following methods shall be used to determine if an OWTS has been impacted by methamphetamine lab wastes, and if the septic tank contains a characteristic hazardous waste:

6.12.6.1 VOCs using Method 8260B in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

6.12.6.2 Ignitability/flash point by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (or Method 1010A in EPA SW-846), or Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (or Method 1020B in EPA SW-846).

6.12.6.3 Corrosivity as determined by Method 9040C or Method 1110A in EPA Publication SW-846.

6.12.6.4 Reactivity using Method 9014/9034 in EPA Publication SW-846.

6.12.7 Methamphetamine lab wastes and precursor chemicals discovered on the property shall be characterized using the analytical methods in Section 6.12.6 to determine if they are characteristic hazardous wastes. Alternatively, an onsite Hazard Categorization (HAZCAT) shall be conducted by a trained HAZCAT technician.

40

55

174017411742

1743

17441745

1746174717481749175017511752

17531754175517561757

1758175917601761

176217631764176517661767176817691770

17711772177317741775

17761777

17781779178017811782178317841785

56

6.12.8 Data review and validation shall be conducted in accordance with USEPA Contract Laboratory Program National Functional Guidelines for Superfund Organic Methods Data Review or USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Superfund Data Review.

7.0 Cleanup standards. The following cleanup standards shall be used to determine if a property has been adequately decontaminated. They may also be used during the screening level assessment or preliminary assessment to demonstrate that a property, or portion of a property, is not contaminated. All properties must meet the cleanup standard for methamphetamine.

7.1 The total of any discrete or the average of any composite surface wipe sample or vacuum sample for methamphetamine shall not exceed a concentration of 0.5 µg /100 cm2, except as provided in Sections 7.1.2 and 7.1.3 below.

7.1.2 The total of any discrete or the average of any composite surface wipe sample from limited exposure areas shall not exceed a concentration of 4 µg /100 cm2.

7.1.3 The total of any discrete or the average of any composite surface wipe sample from painted-over surfaces shall not exceed a concentration of 1.5 µg /100 cm2 beneath the paint.

7.1.3.1 After all painted-over surfaces (as defined in Section 2 of this Part 1) have been decontaminated in accordance with Section 5 above, and the area meets the cleanup standard specified in this Section 7, the painted-over surfaces shall be encapsulated in accordance with Section 5.5.1. Nothing in this Section 7.1.3 shall be construed to allow painting or encapsulation of surfaces that do not meet the cleanup standards in Section 7.1 at the time of discovery of a methamphetamine-affected property.

7.2 If there is evidence of iodine contamination on materials or surfaces that will not be removed, surface wipe samples for iodine shall not exceed a concentration of 22 µg/100 cm2.

7.3 If the preliminary assessment indicates the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface wipe samples for lead shall not exceed a concentration of 40 µg /ft2, and vapor samples for mercury shall not exceed a concentration of 1.0 µg /m3.

8.0 Post-Decontamination Reporting. The Consultant shall prepare a final report, in conjunction with the Contractor, to document the decontamination process and demonstrate that the entire property has been decontaminated to the cleanup standards listed in Section 7.0 of this Part 1. The final report shall include, but not be limited to, the following, to the extent available and applicable:

8.1 A copy of the Preliminary Assessment Report or a summary of the information and findings presented therein.

8.2 Photographic documentation of post-decontamination property conditions, including previously identified cooking areas, chemical storage areas, waste disposal areas, areas of obvious contamination and sample locations.

8.3 A description of the sampling procedures used, including sample collection, handling, and QA/QC.

41

57

1786178717881789

1790179117921793

179417951796

17971798

179918001801

18021803180418051806180718081809

181018111812

1813181418151816

18171818181918201821

18221823

182418251826

18271828

58

8.4 Documentation of the analytical methods used and laboratory QA/QC documentation, including the laboratory analytical report and chain-of-custody documentation.

8.5 Results of post-decontamination clearance sampling, including a description of sample locations and a computer generated figure with sample locations and identification, and a copy of each laboratory report of post-decontamination sample results. Sample results shall be presented as reported by the analytical laboratory, and shall not be adjusted, changed or manipulated in any way. Spiked samples submitted for analysis shall not be used for purposes of compliance with the regulation.

8.6 The Contractor shall provide a Decontamination Summary Report, containing the following information, to the Department within 30 days of completion and to the Consultant for inclusion in the Post-Decontamination Report:

8.6.1 A description of the decontamination procedures used and a description of each area that was decontaminated.

8.6.2 A description of the removal procedures used and a description of areas where removal was conducted, and the materials removed.

8.6.3 A description of the encapsulation procedures used and documentation of the areas and/or materials where encapsulation was performed.

8.6.4 A description of the waste management procedures used, including handling and final disposition of wastes. Copies of the waste manifests or bills of lading shall be included in the final report.

8.6.5 Evidence of Contractor certifications in accordance with Part 2 of these regulations.

8.6.6 Documentation of variations from standard practices.

8.6.7 A certification statement, signed by the Decontamination Supervisor who oversaw the work, in the following form, if decontamination was performed:

I hereby certify that the property has been decontaminated in accordance with the procedures set forth in 6 CCR 1014-3, § 5.”

8.6.8 The Contractor shall retain a copy of the decontamination report for a period of seven (7) years.

8.7 A certification statement, signed by the Consultant, in the following form:

“I do hereby certify that I conducted clearance sampling in accordance with 6 CCR 1014-3, § 6. I further certify that the cleanup standards established by 6 CCR 1014-3, § 7 have been met as evidenced by testing I conducted.”

8.8 The Consultant shall provide a copy of the report to the property owner, the Contractor, and the Department within 30 days of completing the report. The property owner, Contractor and Consultant shall each retain a copy of the report for a period of seven (7) years.

8.9 To obtain the immunity provided in § 25-18.5-103(2), C.R.S., the owner must provide a copy of the report to the governing body as defined in Section 25-18.5-101(7), C.R.S.

42

59

18291830

183118321833183418351836

183718381839

18401841

18421843

18441845

184618471848

18491850

1851

18521853

18541855

18561857

1858

185918601861

1862186318641865

18661867

60

9.0 Referenced Materials. These regulations incorporate by reference (as identified within) materials originally published elsewhere. These regulations do not include later amendments to or editions of the incorporated materials. The Department of Public Health and Environment maintains copies of the complete text of the incorporated materials for public inspection during regular business hours, and shall provide certified copies of any non-copyrighted material to the public at cost upon request.

Information regarding how the incorporated materials may be obtained or examined is available from:

Division DirectorHazardous Materials Waste Management Division HMWMD-B2Colorado Department of Public Health and Environment

4300 Cherry Creek Drive SouthDenver, CO 80246

Copies of the incorporated materials have been provided to the State Publications Depository and Distribution Center, and are available for interlibrary loan. The incorporated materials may be examined at any state publications depository library.

43

61

1868186918701871187218731874

187518761877187818791880188118821883

188418851886

62

List of Part 1 Materials Incorporated by Reference

ASTM Method D-3278-78, Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester.

ASTM Method D5756-02 (November 2002), Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration.

ASTM Method D-93-79 or D-93-80, Standard Test Methods for Flash Point by Pensky-Martens Closed Tester.

Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup, EPA-560/5-86-017 (May 1986).

National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services (DHHS), NIOSH Manual of Analytical Methods (NMAM), 4th. Ed., DHHS (NIOSH) Publication No. 94-113 (August, 1994), 1st supplemental publication 96-135 (1996), 2nd supplement publication 98-119 (1998):

Method 6009, Mercury (Issue 2, August 1994).

Method 9100, Lead in Surface Wipe Samples (Issue 2, May 1996).

Method 9106, Methamphetamine and Illicit Drugs, Precursors and Adulterants on Wipes by Liquid-Liquid Extraction (Issue 1, October 17, 2011).

Method 9109, Methamphetamine and Illicit Drugs, Precursors and Adulterants on Wipes by Solid Phase Extraction (Issue 1, October 17, 2011).

Method 9111, Methamphetamine on Wipes by Liquid Chromatography/Mass Spectrometry (Issue 1, October 17, 2011).

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996) and IIIA (dated April 1998)]:

Method 1010A, Pensky-Martens Closed-Cup Method for Determining Ignitability (Revision O, September 1986).

Method 1020B, Setaflash Close-Cup Method for Determining Ignitability (Revision 1, July 1992).

Method 1110A, Corrosivity Toward Steel (Revision O, September 1986).

Method 6020, Inductively Coupled Plasma – Mass Spectrometry (Revision O, September 1994).

44

63

1887

18881889

189018911892

18931894

18951896

1897189818991900

1901

1902

19031904

19051906

19071908

1909191019111912

19131914

19151916

1917

19181919

64

Method 8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS) (Revision 2, December 1996).

Method 8270D, Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS) (Revision 4, February 2007).

Method 9014, Titrimetric and Manual Spectrophotometric Determinative Methods for Cyanide (Revision O, December 1996).

Method 9021, Purgeable Organic Halides (POX) (Revision O, December 1996).

Method 9034, Titrimetric Procedure for Acid-Soluble and Acid Insoluble Sulfides (Revision O, December 1996).

Method 9040C, pH Electrometric Measurement (Revision 3, November 2004).

USEPA Contract Laboratory Program National Functional Guidelines for Superfund Organic Methods Data Review, Office of Superfund Remediation and Technology Innovation, United States Environmental Protection Agency, OSWER 9240.1-48, USEPA-540R-08-01 (June 2008).

USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Superfund Data Review, Office of Superfund Remediation and Technology Innovation, United States Environmental Protection Agency, OSWER 9240.1-51, USEPA-540R-10-011 (January 2010).

45

65

19201921

19221923

19241925

1926

19271928

1929

193019311932

193319341935

66

PART 2: TRAINING AND CERTIFICATION REQUIREMENTS

1.0 Applicability - The requirements of this Part apply to:

1.1 Consultants conducting assessment, sampling and clearance activities subject to the provisions of Part 1 of these regulations.

1.2 Contractors conducting decontamination of methamphetamine-affected properties under the provisions of Part 1 of these regulations.

1.3 Training Providers and instructors offering training under this Part 2.

2.0 Definitions - The definitions set forth in Part 1 of these regulations are incorporated into this Part by reference. The following definitions shall also apply to this Part:

“Qualified Instructor” means a person who meets the instructor qualification requirements for the course being taught, as set forth in Section 10.0 of this Part 2.

“Training Provider” or “Approved Training Provider” means a person who has received Department approval to provide training for one or more specific courses pursuant to this Part.

3.0 Interim Authorization

3.1 Persons who, as of the effective date of this Part 2 of these regulations, are performing assessment or decontamination activities subject to these regulations may continue to perform such activities, as long as they comply with the requirements of this section.

3.2 Any person who wishes to continue to perform assessment or decontamination activities subject to these regulations must submit an application for interim authorization to the Department within 30 days after the effective date of this Part 2 of these regulations.

3.2.1 An application for interim authorization for a consultant consists of the application fee specified in Section 17.0; documentation of compliance with the industrial hygienist qualifications set forth in § 24-30-1402, C.R.S.; and documentation of experience in methamphetamine lab assessment in Colorado, including at least one employment reference with contact information.

3.2.2 An application for interim authorization for a Decontamination Supervisor consists of the application fee specified in Section 17.0; documentation of the successful completion of HAZWOPER training, including the initial 40-hour HAZWOPER training and a current 8-hour HAZWOPER refresher training, compliant with 29 CFR 1910.120; and documentation of experience in methamphetamine lab decontamination in Colorado, including at least one employment reference with contact information.

46

67

1936193719381939194019411942

1943

19441945

1946

19471948

19491950

195119521953

1954

195519561957

195819591960

19611962196319641965

1966196719681969197019711972

68

3.2.3 An application for interim authorization for a Decontamination Worker or Ventilation Contractor consists of the application fee specified in Section 17.0 and documentation of current compliance with U.S. Occupational Safety and Health Administration hazardous waste operations and emergency response (HAZWOPER) training requirements specified in 29 CFR 1910.120 Occupational Safety and Health Standards, Hazardous Waste Operations and Emergency Response.

3.2.4 An application for interim authorization for a consultant firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.4.1 the firm has been doing methamphetamine assessment work in Colorado (and providing at least one employment reference with contact information);

3.2.4.2 the firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct assessment and sampling of methamphetamine-affected properties; and

3.2.4.3 the firm and its employees will follow the assessment and sampling requirements specified in Part 1 of these regulations.

3.2.5 An application for interim authorization for a Contractor firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.5.1 the firm has been doing methamphetamine decontamination work in Colorado (and providing at least one employment reference with contact information);;

3.2.5.2 the firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct decontamination of methamphetamine-affected properties; and

3.2.5.3 the firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

3.2.6 An application for interim authorization for a Ventilation Contractor firm consists of the fee specified in Section 17.0 and a letter signed by an authorized official attesting that:

3.2.6.1 the firm has been doing methamphetamine decontamination work in Colorado (and providing at least one employment reference with contact information);;

47

69

1973197419751976197719781979

198019811982

198319841985

198619871988

19891990

199119921993

199419951996

199719981999

20002001

200220032004

200520062007

70

3.2.6.2 the firm will only utilize individuals who are compliant with the HAZWOPER training requirements described in 3.2.3 to conduct decontamination of methamphetamine-affected properties; and

3.2.6.3 the firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

3.3 The Department shall review all applications for interim authorization, determine whether each one is complete, and shall promptly notify each applicant of its determination within 15 days of receipt of the application.

3.3.1 A determination by the Department that an application for interim authorization is complete does not constitute a determination of compliance with the requirements for certification or authorization under this Part 2.

3.3.2 Notwithstanding Section 3.3.1, in reviewing the application for interim authorization, the Department may choose to determine whether the applicant meets the requirements for certification or authorization under this Part 2. If the Department determines that the applicant does not meet the requirements for certification or authorization, it shall so notify the person. This determination need not be made within the 15-day period provided in this section.

3.4 Commencing 46 days after the effective date of this Part 2, only those persons who have received notice from the Department that their application for interim authorization is complete may conduct assessment or decontamination activities subject to these regulations.

3.5 Interim authorization under this Section 3 shall terminate 180 days after the effective date of this Part 2. After that date, only those persons who have obtained the appropriate certification or authorization under this Part 2 may continue to conduct activities subject to these regulations.

4.0 General Requirements

4.1 Individuals involved in the assessment, sampling or decontamination of methamphetamine-affected properties shall obtain certification as a Consultant, Decontamination Worker, Decontamination Supervisor, or Ventilation Contractor as appropriate for the work they perform, in accordance with this Part 2.

4.2 Firms involved in the decontamination of methamphetamine-affected properties shall obtain approval as a Contractor firm, Ventilation Contractor firm, or Consultant firm as appropriate for the work they perform, in accordance with this Part 2.

4.3 The Department will issue a state certification photo identification card and certificate to each individual who meets the requirements for certification as a Consultant, Decontamination Worker, Decontamination Supervisor, or Ventilation Contractor. Each individual certified under these regulations must have their state certification photo identification (ID) card or evidence of state certification available at each work site to demonstrate compliance with certification requirements.

48

71

200820092010

20112012

201320142015

201620172018

201920202021202220232024

2025202620272028

2029203020312032

20332034203520362037203820392040204120422043204420452046204720482049

72

4.4 Course completion certificates are the property of the trained individual. Training providers must provide duplicate original course completion certificates to the trained individual upon request. The training provider may charge a reasonable fee for replacement of course completion certificates.

4.5 Falsification of course completion certificates or documents used to obtain state certification is a violation of these regulations and shall be sufficient reason for the denial and/or revocation of certification.

4.6 A person may hold more than one certification; however, a person may not act in the capacity of a Consultant and either a Contractor or a Ventilation Contractor on the same project.

4.7 All forms required under this part are available from the Department.

5.0 Consultant Individual Certification Requirements

5.1 Each individual applying for a Consultant certificate shall:

5.1.1 submit an application on a form specified by the Department and pay the application fee specified in Section 17.0;

5.1.2 demonstrate compliance with the industrial hygienist qualifications set forth in Section 24-30-1402, C.R.S. The applicant must provide documentation of experience claimed or instruction received, including submission of employment references and contact information;

5.1.3 provide documentation of current compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

5.1.4 complete, and provide documentation of the successful completion of, a Department-approved training covering methamphetamine-affected properties within the 60-day period prior to submitting an application.

5.2 Each individual applying for a Consultant certificate or renewal of a Consultant certificate shall pass, on a biennial basis, a Department-administered closed-book examination on the assessment, sampling and decontamination of methamphetamine-affected properties. A passing score shall be 70% or higher. The test content, testing schedule and testing procedures shall be determined by the Department. An applicant who fails to achieve a passing score on a certification exam may retake the exam after submitting a new application, including a retesting fee. An applicant who fails to achieve a passing score on the subsequent certification exam must complete a refresher training course prior to attempting to pass the test a third time. The applicant may re-take the exam a third time after submittal of a new application and retesting fee and documentation of attendance at the refresher training course. An applicant who fails to achieve a passing score on a third consecutive test must re-take the basic training course and must comply with the application and fee requirements of Section 5.1.1.

5.3 Consultant certificates are valid for two (2) years from the date of issuance, provided the individual maintains compliance with HAZWOPER training requirements specified in 29 CFR 1910.120.

49

73

2050205120522053205420552056205720582059206020612062206320642065206620672068206920702071207220732074207520762077207820792080208120822083208420852086208720882089209020912092209320942095209620972098209921002101

74

5.4 Each individual applying for renewal of an existing certification or reinstatement of an expired certificate shall submit an application on a form specified by the Department, complete a refresher training course from a Department-approved training provider, and comply with the testing requirements of Section 5.2. If the 5.1.4 training certificate has been expired for more than 12 months, the individual must re-take the basic training course.

5.5 The requirements of Section 5.1.4 do not apply to Qualified Instructors applying for certification as a consultant.

6.0 Consultant Firm Certification Requirements

6.1 All firms that perform or offer to perform assessment or sampling of methamphetamine-affected properties shall be certified by the Department.

6.2 A firm seeking certification as a Consultant firm shall submit an application on a form specified by the Department and pay the application fee specified in Section 17.0.

6.3 A firm seeking certification shall submit to the Department a letter signed by an authorized official attesting that the firm will only utilize appropriately-certified individuals to conduct assessment and sampling of methamphetamine-affected properties, and that the firm and its employees will follow the assessment and sampling requirements specified in Part 1 of these regulations.

6.4 The Department shall review the application, and shall, within sixty (60) calendar days of receipt, either issue a certificate of approval or shall issue a letter describing the reasons for disapproval.

6.5 Consultant firm certifications are valid for two (2) years from the date of issuance.

6.6 Each firm applying for renewal of an existing certification or reinstatement of an expired certification shall submit an application on a form specified by the Department and pay the application fee specified in Section 17.0.

6.7 To maintain their certification, Consultant firms shall:

6.7.1 maintain all records pursuant to the requirements of Part 1, Section 8.0 of these regulations;

6.7.2 ensure that all individuals performing methamphetamine-affected property assessment and sampling for their firm have been properly trained and certified by the Department pursuant to the requirements of these regulations;

6.7.3 ensure that all individuals performing methamphetamine-affected property assessment and sampling for their firm maintain compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

6.7.4 ensure that anyone performing methamphetamine-affected property assessment or sampling for their firm has a valid Colorado certification photo identification card on the worksite at all times.

50

75

2102210321042105210621072108210921102111211221132114211521162117211821192120212121222123212421252126212721282129213021312132213321342135213621372138213921402141214221432144214521462147214821492150215121522153

76

7.0 Decontamination Supervisor, Decontamination Worker and Ventilation Contractor Certification Requirements

7.1 Each individual applying for a Decontamination Worker certificate, Decontamination Supervisor certificate, or Ventilation Contractor certificate shall:

7.1.1 submit an application on a form specified by the Department and pay the application fee specified in Section 17.0;

7.1.2 provide documentation of current compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

7.1.3 complete, and provide documentation of the completion of, a Department-approved training appropriate for the certification they are seeking within the 60-day period prior to submitting the application.

7.2 Each individual applying for a Decontamination Worker certificate or Decontamination Supervisor certificate must pass a Department-administered closed book examination. A passing score shall be 70% or higher. The test content, testing schedule and testing procedures shall be determined by the Department. An applicant who fails to achieve a passing score on a certification exam may re-take the exam after submitting a new application, including a retesting fee. If an applicant fails to achieve a passing score on the subsequent certification exam, the applicant must complete a refresher training course prior to attempting to pass the test a third time. The applicant may re-take the exam a third time after submittal of a new application and retesting fee and documentation of attendance at the refresher training course. If the applicant fails to achieve a passing score on a third consecutive test, the applicant must re-take the basic training course, and must comply with the application and fee requirements of Section 7.1.1.

7.3 Decontamination Worker and Decontamination Supervisor certificates are valid for two (2) years from the date of issuance, provided the individual maintains compliance with HAZWOPER training requirements specified in 29 CFR 1910.120.

7.4 Ventilation Contractor certificates are valid indefinitely, provided the individual maintains compliance with HAZWOPER training requirements specified in 29 CFR 1910.120. Ventilation Contractors are authorized to decontaminate ventilation systems, but may not perform any other decontamination work subject to these regulations, unless they are also certified as a Decontamination Worker or Decontamination Supervisor.

7.5 Each individual applying for renewal of an existing Decontamination Worker or Decontamination Supervisor certificate or reinstatement of an expired certificate shall:

7.5.1 submit an application on a form specified by the Department and pay the application fee specified in Section 17.0;

7.5.2 provide documentation of the successful completion of HAZWOPER 8-hour refresher training, as required by 29 CFR 1910.120; and

7.5.3 successfully complete, and provide documentation of the successful completion of, a Department-approved refresher training appropriate for the certification they are seeking within the 60-day period prior to submitting the application; however,

51

77

2154215521562157215821592160216121622163216421652166216721682169217021712172217321742175217621772178217921802181218221832184218521862187218821892190219121922193219421952196219721982199220022012202220322042205

78

if the certification has been expired for more than 12 months, the individual must successfully complete the basic training appropriate for their certification; and

7.5.4. comply with the testing requirements of Section 7.2.

7.6 The requirements of Section 7.1.3 do not apply to Qualified Instructors applying for certification as Decontamination Workers, Decontamination Supervisors, or Ventilation Contractors.

8.0 Contractor Firm Approval Requirements

8.1 All firms that perform or offer to perform decontamination of methamphetamine-affected properties shall be approved by the Department.

8.2 A firm seeking approval as a Contractor firm shall submit an application on a form specified by the Department and pay the application fee specified in Section 17.0.

8.3 A firm seeking approval shall submit to the Department a letter signed by an authorized official attesting that the firm will only utilize appropriately-certified individuals to conduct decontamination of methamphetamine-affected properties, and that the firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

8.4 The Department shall review the application and, within sixty (60) calendar days of receipt, shall either issue a certificate of approval or shall issue a letter describing the reasons for disapproval.

8.5 Contractor firm approvals are valid for two (2) years from the date of issuance.

8.6 Firms applying for renewal of approval or reinstatement of an expired approval shall submit an application on a form specified by the Department and pay the application fee specified in Section 17.0.

8.7 To maintain its approval, a Contractor firm shall:

8.7.1 maintain all records pursuant to the requirements of Part 1, Section 8.0 of these regulations;

8.7.2 ensure that all individuals performing methamphetamine-affected property decontamination for the firm have been properly trained and certified by the Department pursuant to the requirements of these regulations;

8.7.3 ensure that all individuals performing methamphetamine-affected property decontamination for the firm maintain compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

8.7.4 ensure that anyone performing methamphetamine-affected property decontamination for the firm has a valid Colorado certification photo identification card on the worksite at all times.

9.0 Ventilation Contractor Firm Approval Requirements

52

79

2206220722082209221022112212221322142215221622172218221922202221222222232224222522262227222822292230223122322233223422352236223722382239224022412242224322442245224622472248224922502251225222532254225522562257

80

9.1 All firms that perform or offer to perform decontamination of ventilation systems at methamphetamine-affected properties shall be approved by the Department.

9.2 A firm seeking approval as a Ventilation Contractor shall submit an application on a specified by the Department and pay the application fee specified in Section 17.0.

9.3 A firm seeking approval as a Ventilation Contractor firm shall submit to the Department a letter signed by an authorized official attesting that the firm will only utilize appropriately-certified individuals to conduct decontamination of ventilation systems at methamphetamine-affected properties, and that the firm and its employees will follow the decontamination requirements specified in Part 1 of these regulations.

9.4 The Department shall review the application and, within sixty (60) calendar days of receipt, shall either issue a certificate of approval or shall issue a letter describing the reasons for disapproval.

9.5 Ventilation Contractor firm approvals are valid for two (2) years from the date of issuance.

9.6 Firms applying for renewal of Ventilation Contractor firm approval or reinstatement of an expired approval shall submit an application on a form specified by the Department and pay the application fee specified in Section 17.0.

9.7 To maintain its approval, a Ventilation Contractor firm shall:

9.7.1 maintain all records pursuant to the requirements of Part 1, Section 8.0 of these regulations;

9.7.2 ensure that all individuals performing decontamination of ventilation systems at methamphetamine-affected properties for the firm have been properly trained and certified by the Department pursuant to the requirements of these regulations;

9.7.3 ensure that all individuals performing decontamination of ventilation systems at methamphetamine-affected properties for the firm maintain compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

9.7.4 ensure that anyone performing decontamination of ventilation systems at

methamphetamine-affected properties for the firm has a valid Colorado certification photo identification card on the worksite at all times.

10.0 Training Provider Approval Application and Renewal Procedures

10.1 Any firm wishing to receive approval as a Training Provider shall submit the information specified in Section 10.2 and the fee specified in Section 17.0. Training Provider approval is granted on a course-by-course basis for the following courses:

10.1.1 Consultant course (includes basic and refresher);

10.1.2 Decontamination Worker course (includes basic and refresher);

10.1.3 Decontamination Supervisor course (includes basic and refresher);

53

81

2258225922602261226222632264226522662267226822692270227122722273227422752276227722782279228022812282228322842285228622872288228922902291229222932294229522962297229822992300230123022303230423052306230723082309

82

10.1.4 Ventilation Contractor course.

10.2 Firms seeking approval as Training Providers must submit the following information, as specified on an application form available from the Department, for each course that they wish to offer:

10.2.1 a course syllabus addressing the curricula for the course as set forth in Appendix A or B;

10.2.2 course materials appropriate to the syllabus;

10.2.3 the name, contact information (physical address, email address, telephone and fax numbers) and documentation of the qualifications of each Qualified Instructor who will teach each course; and

10.2.4 the applicant’s name and business contact information (physical address, email address, telephone and fax numbers)

10.3 A training provider may apply for approval to offer additional courses at any time.

10.4 The Department shall review the application and, within ninety (90) calendar days of receipt, shall inform the applicant in writing which courses, if any, they have been approved to offer as Training Providers in Colorado. If the Department disapproves any application, it shall specify the changes that must be made before approval may be granted.

10.5 Training provider approval is valid for three (3) years from the date of issuance.

10.6 Firms desiring to renew their approval as Training Providers for a given course or courses shall submit the following materials no later than 60 days before the expiration date of their authorization:

10.6.1 A description of any changes to the course content or course materials since the last application was approved.

10.6.2 the name, contact information (physical address, email address, telephone and fax numbers) and documentation of the qualifications of any new instructors not included in previous applications.

10.6.3 The application renewal fee for each course as specified in Section 17.

11.0 Qualified Instructor approval application and renewal procedures

11.1 A person seeking approval as a Qualified Instructor for Consultant training, Decontamination Worker training, Decontamination Supervisor training, or Ventilation Contractor training under this part shall submit an application on a form specified by the Department, pay the fee specified in Section 17, and meet the requirements of Section 11.4. A person seeking approval as a Qualified Instructor for Consultant training under this part must also meet the requirements of Section 11.2. A person seeking approval as a Qualified Instructor for Contractor training under this part must also meet the requirements of Section 11.3.

54

83

2310231123122313231423152316231723182319232023212322232323242325232623272328232923302331233223332334233523362337233823392340234123422343234423452346234723482349235023512352235323542355235623572358235923602361

84

11.2 A person seeking approval as a Qualified Instructor for Consultant training must:

11.2.1 be a high school graduate or have earned a GED;

11.2.2 be a certified industrial hygienist or an industrial hygienist, as those terms are defined in Section 24-30-1402, C.R.S.; and

11.2.3 have at least five (5) years of field experience conducting methamphetamine-affected property assessment and sampling activities. Documentation of experience claimed or instruction received must be provided by the applicant. This shall include submission of employment references, including telephone numbers, to allow for Department verification.

11.3 A person seeking approval as a Qualified Instructor for Contractor training must:

11.3.1 be a high school graduate or have earned a GED;

11.3.2 have five (5) years of field experience in the subject being taught. Documentation of experience claimed or instruction received must be provided by the applicant. This shall include submission of employment references, including telephone numbers, to allow for Department verification.

11.4 Persons seeking approval as a Qualified Instructor must pass a test administered by the Department with a score of 90% or higher. Applicants who fail to achieve a passing score must wait 6 months before re-applying.

11.5 The Department will issue written approvals to persons who meet the requirements of Sections 11.1 through 11.4. Qualified Instructor approvals are valid for two (2) years from the date of issuance.

11.6 Each individual applying for renewal of an existing approval as a Qualified Instructor or reinstatement of an expired approval shall submit an application on a form specified by the Department and comply with the testing requirements of Section 11.4.

11.7 The Department will, within 90 days of receipt, review and approve or disapprove all applications for approval as a Qualified Instructor, and for renewal of existing approvals.

12.0 Training Provider Requirements

12.1 To maintain approval to offer courses, approved training providers must comply with the requirements set forth in this section.

12.2 Course administration requirements. The training provider shall:

12.2.1 Require instructors to follow the approved syllabus for each course being taught;

12.2.2 Provide the Department information on newly hired Qualified Instructors, and notice of termination of Qualified Instructors;

12.2.3 Provide each student with a copy of the approved course materials;

55

85

236223632364236523662367236823692370237123722373237423752376237723782379238023812382238323842385238623872388238923902391239223932394239523962397239823992400240124022403240424052406240724082409241024112412

86

12.2.4 Provide adequate facilities for the delivery of the lecture and hands-on training, as applicable; and

12.2.5 Ensure that all training courses are taught by a Qualified Instructor.

12.3 The training provider shall issue a course completion certificate to each student who attends the entire training course. The course completion certificate shall include:

12.3.1 The name of the student;

12.3.2 A unique identification number;

12.3.3 The dates of course completion; and

12.3.4 The name, address, email address, telephone number, and signature of the training provider.

12.4 Training providers must maintain the following records for a minimum of three (3) years, and make them available to the Department upon request:

12.4.1 Instructor qualifications;

12.4.2 Syllabi and materials for all currently approved courses, and documents reflecting any changes to syllabi or materials for approved courses;

12.4.3 Documentation of the course completion rate; and

12.4.4 Each student’s course completion certificate..

13.0 Certification and Approval, Denial, Suspension, Revocation, or Refusal to Renew

13.1 The Department shall review all initial and renewal applications for Consultant and Contractor certification and for Qualified Instructor and Training Provider approval and either grant or deny them.

13.2 The Department may deny certification to any person who does not meet the minimum qualifications set forth in Section 5.0 or 7.0 of this Part 2, as applicable.

13.3 The Department may deny approval to any firm that does not meet the requirements set forth in Section 6.0, 8.0, 9.0, or 10.0 of this Part 2, as applicable.

13.4 the Department may deny approval to any person who does not meet the requirements set forth in Section 11.0 of this Part 2, as applicable.

13.5 Failure to comply with applicable requirements of these regulations constitutes grounds for denial, suspension, revocation, or refusal to renew certifications and approvals.

13.6 The Department may deny, suspend, revoke or refuse to renew certifications and approvals in accordance with the provisions of §§ 25-18.5-107 and 24-4-104, C.R.S.

14.0 Training Course Notifications

56

87

2413241424152416241724182419242024212422242324242425242624272428242924302431243224332434243524362437243824392440244124422443244424452446244724482449245024512452245324542455245624572458245924602461246224632464

88

14.1 Training course providers must notify the Department via e-mail at of scheduled courses at least two weeks (ten working days) prior to the date of the course.

14.2 Notifications of course cancellations must be provided to the Department by 5:00 p.m. the day prior to the scheduled day of the course.

15.0 Training Course Audits

15.1 The Department may audit any training course approved under this part.

15.2 There shall be no registration fee to the Department for auditing a training course.

15.3 Any significant omissions or deficiencies observed during the audit may result in suspension or revocation of course approval.

16.0 Reciprocity

16.1 The Department may provide reciprocal certification for Decontamination Workers and Decontamination Supervisors certified in another state if it finds that:

16.1.1 The decontamination standards and training of the other state are substantially similar to those of these regulations; and

16.1.2 The person seeking reciprocity is currently in good standing in the other state.

16.2 Each individual applying for reciprocity shall:

16.2.1 Submit an application on a form specified by the Department and pay the application fee specified in Section 17.0;

16.2.2 Provide documentation of compliance with HAZWOPER training requirements specified in 29 CFR 1910.120; and

16.2.3 Pass a Department-administered closed book examination. A passing score shall be 70% or higher. The test content, testing schedule and testing procedures shall be determined by the Department. If the applicant fails to achieve a passing score on the certification exam, the applicant must attend a Department-approved training course, and must comply with the application requirements of 7.0 and fee requirements of 17.0.

17.0 Fees

17.1 Persons seeking initial, renewal, or reinstated certification or approval under this Part 2 shall submit application fees to the Department in accordance with the schedule in 17.2.

17.2 Fee Schedule

17.2.1 Interim Authorization Fees

Interim Authorization FeeConsultant $150

Decontamination Worker $7557

89

2465246624672468246924702471247224732474247524762477247824792480248124822483248424852486248724882489249024912492249324942495249624972498249925002501250225032504250525062507250825092510251125122513

90

Decontamination Supervisor $150Ventilation Contractor $50

Contractor firm $250Consultant firm $250Ventilation firm $250

17.2.2 Certification, Approval and Monitoring Fees

Type of certification or approval FeeConsultant $600

Decontamination Worker $300Decontamination Supervisor $600

Ventilation Contractor $200Contractor firm $1,000Consultant firm $1,000Ventilation firm $1,000

Training provider (per class) $750Instructor $200

Retesting (all disciplines) $100

17.3 Payment of fees is due concurrently with the application.

17.4 Fees must be paid by check, money order or electronic funds transfer (EFT) to the Treasurer of the State of Colorado.

58

91

251425152516

25172518251925202521

92

APPENDIX A

METHAMPHETAMINE-AFFECTED PROPERTIESCONSULTANT TRAINING CURRICULA REQUIREMENTS

PurposeThe purpose of this appendix is to establish minimum curricula requirements for consultant training courses provided in accordance with these regulations.

Course DurationThe Basic Consultant Course duration shall be twenty four (24) hours

The Consultant Refresher Course duration shall be eight (8) hours

Basic Consultant Course Content

The Basic Consultant Course shall cover, at a minimum, the following:

1. Meth Backgrounda. Overview of manufacturing methods

i. precursorsii. byproductsiii. signs of contaminationiv. contaminant migration and deposition

b. Overview of chemical and physical hazardsi. chemical properties and routes of exposureii. flammable, combustible, corrosive and reactive materialsiii. booby trapsiv. sharps and biohazards

c. Health Effects2. Worker Protection Overview

a. Personal protective equipment (PPE)b. Worker decontamination

3. Regulationsa. Detailed review of meth lab cleanup regulation (6 CCR 1014-3, Part 1).b. Overview of asbestos sampling requirements, in accordance with AQCC Regulation No. 8, (5

CCR 1001-10, Part B), as applicable to meth lab assessment. c. Overview of lead paint sampling and abatement requirements, in accordance with AQCC

Regulation No. 19 (5 CCR 1001-23), as applicable to meth lab assessmentd. Overview of hazardous waste regulations (6 CCR 1007-3) applicable to meth labse. Overview of solid waste regulations (6 CCR 1007-2, Part 1) applicable to meth labs

4. Screening level assessmentsa. Observations of property conditionb. Screening level assessment sampling procedures

i. wipe sample collectionii. sample handling requirementsiii. sample chain-of-custody

59

93

2522

25232524252525262527252825292530

2531

253225332534

2535

253625372538253925402541254225432544254525462547254825492550255125522553

25542555

255625572558255925602561256225632564

94

5. Preliminary Site Assessmentsa. Assessment of property condition

i. identification of structural featuresii. identification of areas known or suspected to have been painted after contamination eventiii. identification of indoor and outdoor disposal areas

b. Assessment Sampling proceduresi. determination of material porosityii. wipe sample collectioniii. sampling to evaluate concentration below paint iv. vacuum sample collectionv. bulk sample collection vi. iodine and mercury samplingvii. sampling for other compoundsviii. sampling personal propertyix. sample handling requirementsx. sample chain-of-custody

c. Assessment of on-site wastewater treatment systems (OWTSs)i. screeningii. sample collectioniii. sample handling requirementsiv. sample chain-of-custody

d. Record keeping6. Overview of decontamination and removal requirements 7. Information needed to determine and develop decontamination scopes of work 8. Communication and coordination with contractors, regulators, home owners, and tenants9. Clearance sampling (address painted or sealed surfaces)

a. determination of material porosity b. wipe sample collectionc. vacuum sample collectiond. bulk sample collection e. iodine and mercury samplingf. sampling for other compoundsg. personal property samplingh. sample handling requirementsi. sample chain-of-custody

10. Data QA/QC and interpretation for all types of samples11. Cleanup standards and clearance criteria12. Reporting

Consultant Refresher Course Content

The Consultant Refresher Course shall include, at a minimum:

1. A thorough review of subjects covered in the Basic Consultant Course2. A review of regulatory changes and interpretations3. An update of information on industrial hygiene practices and procedures

60

95

2565256625672568256925702571257225732574257525762577257825792580258125822583258425852586258725882589259025912592259325942595259625972598259926002601260226032604

2605

260626072608

96

4. Other subjects as necessary to update information on new technologies or procedures

61

97

2609

98

APPENDIX B

METHAMPHETAMINE-AFFECTED PROPERTIESCONTRACTOR TRAINING CURRICULA REQUIREMENTS

PurposeThe purpose of this appendix is to establish minimum curricula requirements for Decontamination Worker and Decontamination Supervisor training courses provided in accordance with these regulations.

Course DurationThe Basic Decontamination Worker Course duration shall be minimum sixteen (16) hours.

The Basic Decontamination Supervisor Course duration shall be minimum twenty four (24) hours (inclusive of basic worker course content).

The Decontamination Worker Refresher Course duration shall be minimum eight (8) hours.

The Decontamination Supervisor Refresher Course duration shall be minimum eight (8) hours.

The Ventilation Contractor Course duration shall be minimum four (4) hours.

Basic Decontamination Worker Course Content

The Basic Decontamination Worker Course shall cover, at a minimum, the following:

1. Meth Backgrounda. Overview of manufacturing methods

i. precursorsii. byproductsiii. signs of contamination

b. Overview of chemical and physical hazards specific to methamphetamine manufacturingi. chemical properties and routes of exposureii. flammable, combustible, corrosive and reactive materialsiii. booby trapsiv. sharps and biohazards

c. Health Effects2. Worker Protection Overview

a. Personal protective equipment (PPE)b. Worker decontamination

3. Regulationsa. Detailed review of meth lab cleanup regulation (6 CCR 1014-3, Part 1)b. Overview of asbestos sampling and abatement requirements, in accordance with AQCC

Regulation No. 8, (5 CCR 1001-10, Part B), as applicable to meth lab decontamination and demolition

c. Overview of lead paint sampling and abatement requirements, in accordance with AQCC Regulation No. 19 (5 CCR 1001-23), as applicable to meth lab decontamination and demolition

d. Overview of hazardous waste regulations (6 CCR 1007-3) applicable to waste generated during decontamination.

62

99

2610

26112612261326142615261626172618

2619

26202621

2622

2623

262426252626

2627

26282629263026312632263326342635263626372638263926402641264226432644

264526462647

26482649

2650

100

e. Overview of solid waste regulations (6 CCR 1007-2, Part 1) applicable to waste generated during decontamination.

4. Decontamination Work Scopea. Identification of surfaces and items that can be decontaminatedb. Identification of surfaces and items that should be removedc. Inventory of equipment and suppliesd. Waste handling and disposal requirements

5. Decontamination Proceduresa. Sequencing of decontamination and removal b. Engineering and Environmental Controls

i. establishing negative pressure containment (lecture and hands-on training)ii. establishing critical barriersiii. control of excess liquids

c. Decontamination of surfacesii. non-porous surfacesiii. porous surfaces

d. Removal of contaminated surfacese. Decontamination of ventilation systems

i. sequencing of workii. component removaliii. component decontamination

f. Decontamination of atticsi. sequencing of workii. insulation removaliii. control of excess liquids

g. Decontamination of crawl spacesi. sequencing of workii. insulation removaliii. vapor barrier removal and replacementiv. control of excess liquids

h. Decontamination of personal propertyi. non-porous itemsii. porous itemsiii. items that don’t need to be samplediv. items that need to be sampled

i. Securing contaminated areas and/or itemsj. Discussion of demolition in lieu of decontaminationk. Field documentation

Basic Decontamination Supervisor Course

The Basic Decontamination Supervisor Course shall cover, at a minimum, the following:

1. All information provided in the Basic Decontamination Work Course2. Regulatory liability

a. Overview of enforcement under the Regulation (6 CCR 1014-3, Part 3)63

101

2651265226532654265526562657265826592660266126622663266426652666266726682669267026712672267326742675267626772678267926802681268226832684268526862687268826892690

2691

269226932694102

b. Overview of enforcement of violations of other regulations specified in No. 3 of Basic Decontamination Worker Course

c. Insurance requirements3. Health & Safety Plans4. Onsite training and oversight of sub contractors5. Pre-decontamination property evaluation

a. Identification of surfaces and items that can be decontaminatedb. Identification of surfaces and items that should be removedc. Inventory of equipment and suppliesd. Identification of permit requirements for demolition of structurese. Evaluation of waste handling and disposal requirementsf. Communication and coordination with consultant, regulators, home owners, and tenants

6. Decontamination Work plan development7. Record keeping8. Reporting

Decontamination Worker Refresher Course ContentThe Decontamination Worker Refresher Course shall include, at a minimum:

1. A thorough review of subjects covered in the Basic Decontamination Worker Course2. A review of regulatory changes and interpretations3. An update of information on decontamination procedures and equipment4. Other subjects as necessary to update information on new technologies or procedures

Decontamination Supervisor Refresher Course ContentThe Decontamination Supervisor Refresher Course shall include, at a minimum:

1. A thorough review of subjects covered in the Basic Decontamination Supervisor Course2. A review of regulatory changes and interpretations3. An update of information on decontamination procedures and equipment4. Other subjects as necessary to update information on new technologies or procedures

Ventilation Contractor Course

The Ventilation Contractor Course shall cover, at a minimum, the following:

1. Meth Backgrounda. Overview of chemical and physical hazards specific to methamphetamine manufacturing

i. chemical properties and routes of exposureii. flammable, combustible, corrosive and reactive materialsiii. booby trapsiv. sharps and biohazards

b. Health Effects2. Worker Protection Overview

a. Personal protective equipment (PPE)b. Worker decontamination

64

103

26952696269726982699270027012702270327042705270627072708270927102711

2712

271327142715271627172718

2719

272027212722

272327242725

2726

2727272827292730273127322733273427352736

104

3. Regulationsa. An overview of meth lab cleanup regulation (6 CCR 1014-3, Part 1)b. A detailed review of Appendix C of the regulation (Ventilation System Decontamination)

4. Ventilation System Decontamination Proceduresa. sequencing of workb. component removalc. component decontamination

65

105

2737273827392740274127422743

106

PART 3: ENFORCEMENT AND ADMINISTRATIVE PENALTIES

1.0 Applicability - The requirements of this Part apply to:

1.1 Persons conducting assessment, sampling and clearance activities of methamphetamine-affected properties under the provisions of these regulations.

1.2 Persons conducting decontamination of methamphetamine-affected properties under the provisions of these regulations.

1.3 Persons offering training under Part 2 of these regulations.

2.0 Definitions - The definitions set forth in Parts 1 and 2 of these regulations are incorporated into this Part by reference. The following definition shall also apply to this Part:

“Administrative penalty” means a monetary penalty levied by the Department against a person subject to these regulations because of a violation of the regulations.

“Gross noncompliance” means substantial deviation from the requirements of these regulations. Gross non-compliance includes, but is not limited to:

1) falsifying, fabricating or misrepresenting any data, results or statements included in any report required to be prepared under these regulations;

2) repeated violations of the same regulatory requirement; and

3) knowing or intentional violations.

3.0 Notification and Imposition

3.1 Whenever the Department has reason to believe that a person has violated any requirement of these regulations, the Department shall notify the person, specifying the requirement alleged to have been violated and the facts alleged to constitute the violation.

3.2 The Department shall either send the notification required by Section 3.1 by certified or registered mail, return receipt requested, to the last known address of the alleged violator, or personally serve the notice of violation upon the alleged violator or the alleged violator’s agent. Service shall not be incomplete due to any refusal to accept service.

3.3 The alleged violator has thirty (30) days following receipt of the notice to submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.

3.4 Within fifteen (15) days after receiving the notice of alleged violation, the alleged violator may request an informal conference with Department personnel to discuss the alleged

66

107

2744274527462747

2748

27492750

27512752

2753

27542755

27562757

27582759

27602761

2762

2763

2764

2765276627672768

2769277027712772

277327742775

27762777

108

violation. Such conference shall be held within the thirty (30) days allowed for written response.

3.5 After consideration of any written response and informal conference, the Department shall issue a letter within thirty (30) days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the Department affirms the violation, the Department shall issue an administrative order within one hundred and eighty (180) days after the time for a written response has expired. The administrative order shall include any remaining corrective actions that the violator shall take and any administrative penalty that the Department determines is appropriate.

3.6 The Department shall serve an administrative order on the person subject to the order by personal service or by registered mail, return receipt requested, at the person’s last known address.

3.7 An administrative order may be prohibitory or mandatory in effect.

3.8 Administrative orders shall be effective immediately upon issuance unless otherwise provided in the order.

4.0 Penalties

4.1 Any person who violates any requirement of these regulations shall be subject to an administrative penalty not to exceed fifteen thousand dollars per day for each violation.

4.2 For any person subject to an administrative penalty as specified in 4.1, the amount of the penalty will be determined in accordance with the provisions of Section 25-18.5-107 C.R.S. The factors contained in Sections 4.2.1 and 4.2.3 will be used to determine the severity of the violation and establish the base penalty amount. The factors contained in Sections 4.2.2, 4.2.4 and 4.2.5 are aggravating factors and may be applied with other factors to increase the penalty amount. The factors contained in Sections 4.2.7 and 4.2.8 are mitigating factors and may be applied with other factors to reduce the penalty amount. The factor contained in Section 4.2.9 may be an aggravating or mitigating factor and may be used to increase or decrease the penalty amount as determined by the Department. The economic benefit factor in Section 4.2.6 will be added to the adjusted penalty to reach the final penalty amount. The existence of multiple violations and the duration of the violation(s) will be considered in assessing a final administrative penalty.

4.2.1 The seriousness of the violation;

4.2.2 Whether the violation was intentional, reckless, or negligent;

4.2.3 Any impact on, or threat to, public health or environment as a result of the violation;

4.2.4 The violator’s degree of recalcitrance;

4.2.5 Whether the violator has had a prior violation, if so, the nature and severity of the prior violation;

67

109

27782779

27802781278227832784278527862787

278827892790

2791

27922793

2794

27952796

279727982799280028012802280328042805280628072808

2809

2810

28112812

2813

28142815

110

4.2.6 The economic benefit the violator received as a result of the violation;

4.2.7 Whether the violator voluntarily, timely, and completely disclosed the violation before the Department discovered it;

4.2.8 Whether the violator fully and promptly cooperated with the Department following disclosure or discovery of the violation; and

4.2.9 Any other relevant aggravating or mitigating circumstances.

4.3 The Department may compromise, mitigate, or remit any administrative penalty as justified by written documentation. The Department may enter into a settlement agreement regarding any administrative penalty or claim. The settlement agreement may include payment or contribution of moneys to state or local agencies for other environmentally beneficial purposes.

4.4 At the request of the Department, the Attorney General may institute a civil action to collect any administrative penalty imposed pursuant to these regulations.

5.0 Judicial Review

5.1 Final actions of the Department are subject to judicial review in accordance with Section 24-4-106 C.R.S.

68

111

2816

28172818

28192820

2821

28222823282428252826

28272828

2829

28302831

112

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

State Board of Health

6 CCR 1014-3

REGULATIONS PERTAINING TO THE CLEANUP OF METHAMPHETAMINE LABORATORIES

1.0 Purpose - Pursuant to section 25-18.5-102, C.R.S., the Board of Health is authorized to establish standards for the cleanup of illegal laboratories used to manufacture methamphetamine, which property owners are required to meet pursuant to Section 25-18.5-103, C.R.S., except that a property owner may elect instead to demolish the contaminated property.

2.0 Applicability - The requirements of this section apply (1) when an owner of property has received notification from a peace officer that chemicals, equipment, or supplies indicative of a drug laboratory are located at the property, or 2) when a drug laboratory is otherwise discovered, and the owner of the property where the drug laboratory is located has received notice.

3.0 Definitions

“Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, or place adapted for overnight accommodations of persons or animals, whether or not a person or animal is actually present. “Building” includes manufactured homes as defined in Section 38-29-102(6), C.R.S., and mobile homes as defined in Section 38-12-201.5(2), C.R.S..

“Certified Industrial Hygienist” or “CIH” means an individual who is certified by the American Board of Industrial Hygiene or its successor.

“Chemical storage area” means any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

“Cleanup standard” means the numerical value, established in section 7.0 of this regulation, that causes the consultant to determine if an area is compliant or noncompliant based on the results of sampling conducted in accordance with the sampling procedures presented in Appendix A.

“Consultant” means a Certified Industrial Hygienist or Industrial Hygienist who is not an employee, agent, representative, partner, joint venture participant, shareholder, parent or subsidiary company of the contractor.

“Contaminant” means a chemical residue that may present an immediate or long-term threat to human health and the environment.

69

113

2832

2833

2834

28352836

283728382839

2840

2841284228432844

2845284628472848

2849

28502851285228532854

28552856

285728582859286028612862

286328642865286628672868

114

“Contamination” or “Contaminated” means the presence of chemical residues, which may present an immediate or long-term threat to human health or the environment.

“Contractor” means one or more individuals or commercial entities hired to perform work in accordance with the requirements of this regulation.

“Cooking area” means any area where methamphetamine manufacturing is occurring or has occurred.

“Decision level” means that concentration, relative to the cleanup standard, that shall be used to distinguish between compliant and non-compliant areas. The calculation for the decision level for composite samples is found in Appendix A, Composite Decision Level.

“Decontamination” means the process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances below the concentrations allowed by this regulation.

“Demolition” means the wrecking or taking out of any load-supporting structural member, including any related handling operations.

“Department” means the Colorado Department of Public Health and Environment.

“Disposal” means handling, transportation and ultimate disposition of materials removed from contaminated properties.

“Documentation” means preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

“Encapsulation” means applying a surface sealant to create a physical barrier intended to decrease or to eliminate the potential for exposure to residual contaminants that may exist beneath the physical barrier even after decontamination.

“Functional space” means a space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The “functional space” may be a single room or a group of rooms, designated by a consultant who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Other typical examples of functional spaces include a crawl space, an attic, and the space between a dropped ceiling and the floor or roof deck above.

“HEPA filtration” means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

“Independent” means that a person is not an employee, agent, representative, partner, joint venturer, shareholder, or parent or subsidiary company of another person.

“Individual sewage disposal system” or “ISDS” means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or disposing of sewage which is not part of or connected to a sewage treatment works.

“Industrial Hygienist” means an industrial hygienist as defined in Section 24-30-1402, C.R.S.

70

115

28692870

28712872

287328742875287628772878

287928802881

28822883

2884

28852886

28872888

288928902891

289228932894289528962897

28982899

29002901

290229032904

2905

116

“Media” means the physical material onto which a sample substrate is collected. Media includes cotton gauze, glass fiber filters, MCE membranes, etc.

“Methamphetamine” means dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dexto/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides, and reduced forms of the basic structure associated with CAS registration number 537-46-2. For the purposes of this regulation, this term also includes amphetamine (CAS 300-62-9), ephedrine (CAS 299-42-3), and pseudoephedrine (CAS 90-82-4).

“Microvacuum sample” or “Vacuum sample” means a non-airborne dust sample collected from a known surface area of a porous surface or material using standard microvacuum sampling techniques as described in Appendix A of these regulations.

“Negative air unit” means a portable exhaust system equipped with HEPA filtration and capable of maintaining a constant high velocity airflow out of the contaminated area, resulting in a constant low velocity air flow into the contaminated area from adjacent uncontaminated areas

“Person” means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

“Publicly owned treatment works” or “POTW” means a publicly owned domestic wastewater treatment facility. The term also means the municipality, as defined in 502(4) of the Clean Water Act, 33 U.S.C. § 1362(4), which has jurisdiction over the indirect discharges to and the discharge from such treatment works.

“Preliminary assessment” means an evaluation of a property to determine the current condition, including the nature and extent of observable or detectable contamination, chemical storage and disposal.

“Property” means anything that may be the subject of ownership or possession, including, but not limited to, land, buildings, structures, vehicles and personal belongings.

“Property owner” for the purpose of real property, means the person holding fee title to real property. “Property owner” also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.

“Removal” means the taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.

“Substrate” means the material being collected. Substrates may include soils, water, painted surfaces, carpet debris, unidentified powders, dust, etc.

“Vehicle” means any object defined as a “vehicle” in section 42-1-102, C.R.S. “Vehicle” includes recreational vehicles, campers, buses with a toilet and a galley, trailers as defined in section 42-1-102(105) C.R.S., trailer coaches as defined in 42-1-102(106)(a) C.R.S., and motor homes as defined in § 42-1-102(57), C.R.S.

71

117

29062907

290829092910291129122913

291429152916

291729182919

2920292129222923

2924292529262927

292829292930

29312932

293329342935

29362937

29382939

2940294129422943

118

“Waste disposal area” means any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.

“Wipe sample” means a surface sample collected by wiping a sample media on the surface being sampled in accordance with Appendix A.

4.0 Preliminary Assessment. A preliminary assessment shall be conducted by the consultant, in accordance with section 6.7 of this regulation, prior to the commencement of property decontamination. Information gained during the preliminary assessment shall be the basis for property decontamination and clearance sampling. Contractors and consultants shall use appropriate personal protective equipment during the preliminary assessment. Access to the property shall be limited to those with appropriate training and personal protective equipment. Information collected during the preliminary assessment shall include, but not be limited to, the following:

4.1. Property description including physical address, legal description, number and type of structures present, description of adjacent and/or surrounding properties, and any other observations made.

4.2 Review of available law enforcement reports that provide information regarding the manufacturing method, chemicals present, cooking areas, chemical storage areas, and observed areas of contamination or waste disposal.

4.3. Identification of structural features that may indicate separate functional spaces, such as attics, false ceilings and crawl spaces, basements, closets, and cabinets.

4.4. Identification of manufacturing methods based on observations and law enforcement reports.

4.5. Identification of chemicals used, based on observations, law enforcement reports, and knowledge of manufacturing method(s).

4.6 Identification and documentation of areas of contamination. This identification may be based on visual observation, law enforcement reports, proximity to chemical storage areas, waste disposal areas, or cooking areas, or based on professional judgment of the consultant; or the consultant may determine that assessment sampling is necessary to verify the presence or absence of contamination. If the consultant determines that assessment sampling is necessary, such sampling shall be conducted in accordance with the sampling protocols presented in Appendices A and D. Sample analysis shall be conducted in accordance with the method requirements presented in Appendices B and D.

4.7. Identification and documentation of chemical storage areas.

4.8. Identification and documentation of waste disposal areas.

4.9. Identification and documentation of cooking areas.

4.10. Identification and documentation of signs of contamination such as staining, etching, fire damage, or outdoor areas of dead vegetation.

72

119

29442945

29462947

29482949295029512952295329542955

295629572958

295929602961

29622963

29642965

29662967

296829692970297129722973297429752976

2977

2978

2979

29802981

120

4.11. Inspection of plumbing system integrity and identification and documentation of potential disposal into the sanitary sewer or an individual sewage disposal system (ISDS). If the consultant determines that field screening and/or sampling of an ISDS is necessary to determine if methamphetamine lab wastes have been disposed of into an ISDS, such field screening and/or sampling shall be conducted in accordance with the field screening and sampling protocols presented in Appendix D. Sample analysis shall be conducted in accordance with the method requirements presented in Appendices B and D.

4.12. Identification of adjacent units and common areas where contamination may have spread or been tracked.

4.13. Identification and documentation of common ventilation systems with adjacent units or common areas.

4.14. Photographic documentation of property conditions, including cooking areas, chemical storage areas, waste disposal areas, and areas of obvious contamination.

5.0 Decontamination Procedures. Decontamination shall be conducted to reduce the concentration of contaminants to the levels specified in Section 7.0 of this regulation. Decontamination shall be conducted in accordance with procedures designed to protect workers, future occupants, neighbors and the general public, and shall include, but not be limited to, the following:

5.1. A negative air unit, equipped with a HEPA filtration system, shall be used throughout the decontamination process to reduce airborne particulates.

5.2 Detergent water washing of non-porous, porous and semi porous surfaces that are contaminated, or that are reasonably expected to be contaminated, that will not be removed.

5.3. Removal of all contaminated material that will not or cannot be decontaminated to cleanup standards specified in Section 7.0 of the regulation. Removal of all contaminated materials if sampling cannot demonstrate that cleanup standards have been met. Any removal of asbestos or lead based paint must be conducted in accordance with all Federal, State and local requirements.

5.4. Encapsulation of porous and semi porous surfaces may be conducted after detergent water washing and after clearance sampling has demonstrated that cleanup standards have been achieved.

5.5. Decontamination of ventilation systems by a contractor that is trained and equipped to comply with the protocol for ventilation system decontamination presented in Appendix C of these regulations.

5.6. Water flushing of plumbing systems connected to the sanitary sewer to eliminate any residual chemicals.

5.7. Inspection of individual sewage disposal systems (ISDSs) and, if warranted, testing in accordance with the protocol presented in Appendix D of these regulations, to determine if the ISDS has been impacted by methamphetamine lab derived chemical wastes.

73

121

2982298329842985298629872988

29892990

29912992

29932994

29952996299729982999

30003001

300230033004

30053006300730083009

301030113012

301330143015

30163017

301830193020

122

5.8. Personal Property

5.8.1 Personal property must either be decontaminated to the cleanup standards specified in section 7.0 of this regulation, or properly disposed in accordance with these regulations.

5.8.2 Personal property that will not be disposed of must be sampled in accordance with procedures described in Appendix A of this regulation. Discrete samples must be collected from each individual item, except as provided in 5.8.3.

5.8.3 Composite samples may be collected in accordance with the following procedure. Composite samples must be taken from items constructed of like materials that are contained within the same individual functional space (e.g., clothing from a bedroom closet may be sampled as a composite, fabric furniture within a living room may be sampled as a composite, draperies within an individual room may be sampled as a composite, non-porous goods such as wood or metal tables, shelves, cabinets, etc. in the same room may be sampled as a composite, etc.). A composite sample is considered representative of contaminant levels on all personal property of that type material within the same functional space. No more than 5 individual items may be included in any one composite sample. Should analysis of composite samples from multiple items indicate methamphetamine levels in excess of the cleanup standard, all items comprising the composite sample will be considered to be in excess of cleanup standards.

5.9. Waste management shall be conducted in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3) and the Colorado Solid Waste Regulations (6 CCR 1007-2). Debris and contaminated material generated during methamphetamine lab decontamination shall be managed as solid waste, with notification provided to the landfill for methamphetamine lab contaminated material. Wash water can be containerized for offsite disposal, or disposed to the sanitary sewer with approval from the POTW. Wastes removed from ISDSs shall be disposed of as either solid or hazardous waste based on results of laboratory analysis as described in Appendix D of these regulations.

5.10. Any demolition of all or part of a structure shall be conducted in accordance with all local State and Federal requirements.

6.0 Sampling and Analytical Procedures.

6.0.1 Except as provided in 6.0.2, assessment sampling shall be conducted as part of the preliminary assessment to characterize the nature and extent of contamination. Assessment sampling and laboratory analysis shall be conducted in accordance with Appendices A, B and D of these regulations.

6.0.2 As provided in Appendix A of these regulations, the consultant may determine that some areas should be deemed to be contaminated based on data other than assessment sampling. Areas that are deemed to be contaminated do not need to be sampled as part of the preliminary assessment.

6.0.3 Post-decontamination clearance sampling shall be conducted to verify that cleanup standards have been met. Sample collection and laboratory analysis shall be conducted in accordance with the procedures set forth in Appendices A, B and D of these regulations.

74

123

3021

30223023

302430253026

302730283029303030313032303330343035303630373038

30393040304130423043304430453046

30473048

3049

3050305130523053

3054305530563057

3058305930603061

124

6.1. Locations of samples shall be based on information gathered during the preliminary assessment. Samples shall be collected from:

6.1.1. Areas expected to have the highest levels of contamination, such as cooking areas, chemical storage areas, and waste disposal areas.

6.1.2. Areas where contamination may have migrated, such as adjacent rooms or units, common areas, and ventilation systems.

6.2. The number and type of samples shall be based on the size of the area or material, the chemical or contaminant being tested for, and the purpose of the sample (i.e., initial assessment or final clearance).

6.2.1. Discrete sampling is required in all cases, except as provided in 6.2.2 of these regulations.

6.2.2. Composite sampling may only be conducted in situations where contamination is expected to be relatively evenly dispersed throughout a given area, and composite sampling will provide an accurate representation of the area sampled, as described in Appendix A.

6.3. Sample handling, including labeling, preservation, documentation, and chain-of-custody, shall be conducted in a manner consistent with the requirements of the analytical method being used.

6.4. Analytical methods shall be based on the compound being sampled for. Sample analysis shall be conducted in accordance with the method requirements presented in Appendices B and D of these regulations.

6.5 If the property has an ISDS, evaluation and sampling of the ISDS shall be conducted in accordance with Appendix D of these regulations. The investigation and cleanup of soil, surface water and groundwater contamination resulting from disposal of methamphetamine lab wastes into an ISDS shall be conducted in accordance with either the Colorado Hazardous Waste Regulations, or the Colorado Solid Waste Regulations, as appropriate based on sampling results, and with Water Quality Control Commission Regulations 31 and 41.

6.6. Quality Control/Quality Assurance (QA/QC) samples, including sample blanks, field duplicates, matrix spike and matrix spike duplicates, shall be collected and/or analyzed as specified in the sampling and analysis protocols presented in Appendices A, B and D of these regulations. Laboratory QA/QC shall be conducted in accordance with method requirements as specified in Appendix B of these regulations.

6.7. To prevent any real or potential conflicts of interest, consultants conducting preliminary assessments and post-cleanup assessments must be independent of the company or entity that will subsequently conduct the drug lab cleanup, except as provided in 6.7.1.

6.7.1 Consultants need not be independent of the company or entity that will subsequently conduct the drug lab cleanup if both the consultant and the cleanup entity are employees of the property owner, provided the property owner was not involved in drug manufacturing that resulted in contamination of the property.

75

125

30623063

30643065

30663067

306830693070

30713072

3073307430753076

307730783079

308030813082

3083308430853086308730883089

30903091309230933094

309530963097

3098309931003101

126

7.0 Cleanup standards. The following cleanup standards shall be used to determine if a property has been adequately decontaminated. They may also be used during the preliminary assessment to demonstrate that a property, or portion of a property, is not contaminated. All properties must meet the cleanup standard for methamphetamine. Additional cleanup standards that may be applied to a property shall be based on information gained during the preliminary assessment.

7.1. Surface wipe samples and vacuum samples for methamphetamine shall not exceed a concentration of 0.5 µg /100 cm2.

7.2. If there is evidence of iodine contamination on materials or surfaces that will not be removed, surface wipe samples for iodine shall not exceed a concentration of 22 µg/100 cm2.

7.3. If the preliminary assessment indicates the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface wipe samples for lead shall not exceed a concentration of 40 µg /ft2, and vapor samples for mercury shall not exceed a concentration of 1.0 µg /m3.

7.4. The investigation and cleanup of outdoor contamination, including soil, surface water and groundwater, shall be conducted in accordance with the Colorado Hazardous Waste Regulations, the Colorado Solid Waste Regulations, and Water Quality Control Commission Regulations 31 and 41.

8.0 Reporting. A final report shall be prepared by the consultant to document the decontamination process and demonstrate that the property has been decontaminated to the cleanup standards listed in Section 7.0 of these regulations. The final report shall include, but not be limited to, the following:

8.1. Property description including physical address, legal description, ownership, number and type of structures present, description of adjacent and/or surrounding properties, and any other observations made.

8.2. Description of manufacturing methods and chemicals used, based on observations, law enforcement reports and knowledge of manufacturing method.

8.3. If available, copies of law enforcement reports that provide information regarding the manufacturing method, chemicals present, cooking areas, chemical storage areas, and observed areas of contamination or waste disposal.

8.4. A description of chemical storage areas, with a figure documenting location(s).

8.5. A description of waste disposal areas, with a figure documenting location(s).

8.6. A description of cooking areas, with a figure documenting location(s).

8.7. A description of areas with signs of contamination such as staining, etching, fire damage, or outdoor areas of dead vegetation, with a figure documenting location(s).

8.8. The results of inspection of plumbing system integrity and identification of sewage disposal mechanism.

76

127

310231033104310531063107

31083109

311031113112

3113311431153116

3117311831193120

3121312231233124

312531263127

31283129

313031313132

3133

3134

3135

31363137

31383139

128

8.9. A description of adjacent units and common areas where contamination may have spread or been tracked.

8.10. Identification of common ventilation systems with adjacent units or common areas.

8.11. A description of the sampling procedures used, including sample collection, handling, and QA/QC.

8.12. A description of the analytical methods used and laboratory QA/QC requirements.

8.13. A description of the location and results of initial sampling (if any), including a description of sample locations and a figure with sample locations and identification.

8.14. A description of the health and safety procedures used in accordance with OSHA requirements.

8.15. A description of the decontamination procedures used and a description of each area that was decontaminated.

8.16. A description of the removal procedures used and a description of areas where removal was conducted, and the materials removed.

8.17. A description of the encapsulation procedures used and a description of the areas and/or materials where encapsulation was performed.

8.18. A description of the waste management procedures used, including handling and final disposition of wastes.

8.19. A description of the location and results of post-decontamination samples, including a description of sample locations and a figure with sample locations and identification.

8.20. Photographic documentation of pre- and post-decontamination property conditions, including cooking areas, chemical storage areas, waste disposal areas, areas of obvious contamination, sampling and decontamination procedures, and post-decontamination conditions.

8.21. Consultant statement of qualifications, including professional certification or qualification as an industrial hygienist as defined in section 24-30-1402, C.R.S., and description of experience in assessing contamination associated with methamphetamine labs.

8.22. Certification of procedures and results, and variations from standard practices.

8.23. A signed certification statement in one of the following forms, as appropriate:

“I do hereby certify that I conducted a preliminary assessment of the subject property in accordance with 6 CCR 1014-3, § 4, and that I conducted post-decontamination clearance sampling in accordance with 6 CCR 1014-3, § 6. I further certify that the property has been decontaminated in accordance with the procedures set forth in 6 CCR 1014-3, § 5, and that the cleanup standards established by 6 CCR 1014-3, § 7 have been met as evidenced by testing I conducted.”

77

129

31403141

3142

31433144

3145

31463147

31483149

31503151

31523153

31543155

31563157

31583159

3160316131623163

316431653166

3167

3168

316931703171317231733174

130

“I do hereby certify that I conducted a preliminary assessment of the subject property in accordance with 6 CCR 1014-3, § 4. I further certify that the cleanup standards established by 6 CCR 1014-3, § 7 have been met as evidenced by testing I conducted.”

8.24. Signature of the consultant.

8.25. The property owner and consultant shall each retain a copy of the report for a period of seven years.

8.26 To obtain the immunity provided in § 25-18.5-103(2), C.R.S., the owner must provide a copy of the report to the governing body. It is advisable to submit the report by certified mail, return receipt requested, or some other method that provides an acknowledgement of receipt by the governing body.

9.0 Referenced Materials. These regulations incorporate by reference (as identified within) materials originally published elsewhere. These regulations do not include later amendments to or editions of the incorporated materials. The Department of Public Health and Environment maintains copies of the complete text of the incorporated materials for public inspection during regular business hours, and shall provide certified copies of any non-copyrighted material to the public at cost upon request.

Information regarding how the incorporated materials may be obtained or examined is available from:

Division Director Hazardous Materials Waste Management Division HMWMD-B2 Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246

Copies of the incorporated materials have been provided to the State Publications Depository and Distribution Center, and are available for interlibrary loan. The incorporated materials may be examined at any state publications depository library.

78

131

317531763177

3178

31793180

3181318231833184

318531863187318831893190

319131923193319431953196319731983199

320032013202

132

List of Materials Incorporated by Reference

American Society for Testing and Materials (ASTM) Method D3278-96e1 (October 1997), Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester.

American Society for Testing and Materials (ASTM) Method D5756-02 (November 2002), Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration.

American Society for Testing and Materials (ASTM) Method D93-02a (December 2002), Standard Test Methods for Flash Point by Pensky-Martens Closed Tester.

Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup, EPA-560/5-86-017 (May 1986).

National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services (DHHS), NIOSH Manual of Analytical Methods (NMAM), 4th. Ed., DHHS (NIOSH) Publication No. 94-113 (August, 1994), 1st supplemental publication 96-135 (1996), 2nd supplement publication 98-119 (1998):

Method 6009, Mercury (Issue 2, August 1994).

Method 9100, Lead in Surface Wipe Samples (Issue 2, May 1996).

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996) and IIIA (dated April 1998)]:

Method 1010, Pensky-Martens Closed-Cup Method for Determining Ignitability (Revision O, September 1986).

Method 1020A, Setaflash Close-Cup Method for Determining Ignitability (Revision 1, July 1992).

Method 1110, Corrosivity Toward Steel (Revision O, September 1986).

Method 6020, Inductively Coupled Plasma – Mass Spectrometry (Revision O, September 1994).

Method 8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS) (Revision 2, December 1996).

Method 9014, Titrimetric and Manual Spectrophotometric Determinative Methods for Cyanide (Revision O, December 1996).

Method 9021, Purgeable Organic Halides (POX) (Revision O, December 1996).

Method 9034, Titrimetric Procedure for Acid-Soluble and Acid Insoluble Sulfides (Revision O, December 1996).

79

133

3203

32043205

320632073208

32093210

32113212

3213321432153216

3217

3218

3219322032213222

32233224

32253226

3227

32283229

32303231

32323233

3234

32353236

134

Method 9040B, pH Electrometric Measurement (Revision 2, January 1995).

80

135

3237

136

APPENDIX A

METHAMPHETAMINE LABORATORIES

SAMPLING METHODS AND PROCEDURES

PurposeThe purpose of this appendix is to provide a procedure for reducing variability in the collection of samples in the characterization of contaminants at illegal drug laboratories. Additional discussion of the sampling theory for sampling techniques described in this appendix are provided in the attachment at the end of this appendix.

Pre-decontamination samplingIn pre-decontamination sampling, the assumption (hypothesis) is made that the area is clean i.e. “compliant,” and data will be collected to find support for the hypothesis. Data (such as samples) are collected to “prove” the area is compliant. Sampling, if it is performed, is conducted in the areas with the highest probability of containing the highest possible concentrations of contaminants. Any data that disproves the hypothesis, including police records, visual clues of production, storage, or use or documentation of drug paraphernalia being present, is considered conclusive, and leads the consultant to accept the null hypothesis and declare the area non-compliant.

Post-Decontamination samplingIn post-decontamination sampling, the hypothesis is made that the area is non-compliant, and data is collected to test the hypothesis. The role of the consultant in post decontamination sampling is not to demonstrate that the area is “clean,” but rather, using biased sampling, to diligently attempt to prove that the area is not clean. The lack of data supporting the hypothesis leads the consultant to accept the null hypothesis and conclude that the area is compliant.

Decision StatementIf, based on the totality of the circumstances, the consultant finds that insufficient evidence exists to support the hypothesis that any given area is non-compliant, that area shall be deemed to be compliant with section 25-18.5-103 (2), C.R.S., and shall be released. If objective sampling data indicates contamination is less than the cleanup standard, that data may be used as prima facie evidence that insufficient evidence exists to support the hypothesis that any given area is non-compliant.

Area Samples

Buildings and Structures Wipe Sample and/or Vacuum Sample For drug laboratories, as defined in section 25-18.5-101, C.R.S., whose structural floor plan is not greater than 1,500 square feet, surface sampling shall be collected according to the following schedule. Exception: for pre-decontamination scenarios, any and all other data may be used in lieu of sampling to reject the hypothesis and deem the area to be contaminated.

For any given functional space, at least 500 cm2 of surface shall be sampled, unless the area is assumed to be non-compliant.

At least 1,000 cm2 of total surface area must be sampled for any single laboratory identified pursuant to section 25-18.5-103, C.R.S.

81

137

3238

3239

32403241324232433244324532463247324832493250325132523253325432553256325732583259326032613262326332643265326632673268326932703271327232733274327532763277327832793280

32813282

32833284

138

An additional 100 cm2 must be sampled for every additional 500 square feet of structural floor space.

No fewer than five samples shall be collected from any laboratory identified pursuant to section 25-18.5-103, C.R.S.

The required sample area shall be composed of no fewer than three discrete samples. Should composite samples be collected, each composite shall consist of no greater than five discrete samples collected in accordance with the procedures outlined in the section in this appendix on Composite Sampling.

Where the drug laboratory is located in a structure other than a single-family dwelling, the potential of fugitive emissions must be considered. For example, if the functional space was located in an hotel room, and evidence of contamination extended into the corridor, the elevator, the lobby, and one adjacent room, there would be four separate functional spaces to evaluate: 1) The primary hotel room, 2) the corridor/elevator complex 3) the lobby, 4) the adjacent hotel room.

Each functional space exhibiting indicia of contamination shall be sampled. For example, where a single-family dwelling meets the definition of a drug laboratory, and an associated detached garage contains indicia of contamination, the dwelling and the garage shall be evaluated separately.

Vehicles Wipe Sample and/or Vacuum Sample For drug laboratories in vehicles, surface sampling shall be collected according to the following schedule. Exception: for pre-decontamination scenarios, any and all other data may be used in lieu of sampling to reject the hypothesis and deem the area to be contaminated.

A minimum of 500 cm2 of surface shall be sampled, unless the area is assumed to be non-compliant.

An additional 100 cm2 must be sampled for every 50 square feet of structural floor space for any large vehicle, such as a recreational vehicle, motor home, trailer, or camper.

No fewer than three samples shall be collected from any laboratory identified in a vehicle.

The required sample area shall be composed of no fewer than three discrete samples. Should composite samples be collected, each composite shall consist of no greater than five discrete samples collected in accordance with the procedures outlined in the section in this appendix on Composite Sampling.

Sampling Procedures

Non-Porous Surfaces - Wipe Samples

Wipe sampling shall be used to determine the extent of contamination on non-porous surfaces. Wipe samples shall be collected in accordance with the procedures set forth below for either discrete or composite samples.

Sample media may consist of one of the following:

Gauze material, including Johnson & Johnson cotton squares or equivalent.

Filter paper, including Whatman 40, 41, 42, 43, 44, 540, 541, Ahlstrom 54, VWR 454, S&S WH Medium, or other filter paper with equivalent performance.

82

139

32853286

3287328832893290329132923293329432953296329732983299330033013302330333043305330633073308

33093310

33113312

331333143315331633173318331933203321

332233233324

3325

3326

33273328140

The following procedure is for collecting discrete wipe samples from non-porous surfaces.

1. Attach disposable templates or masking tape to the area(s) to be sampled, being careful not the touch the area within the template. The sample area shall be 100 cm2 (10cm by 10cm) or a multiple of 100 cm2.

Prepare a rough sketch of the area(s) to be sampled.

2. The sample media should be wetted with distilled water or solvent (isopropyl alcohol or methanol) to enhance collection efficiency.

3. Use a new set of clean, non-powdered impervious gloves for each sample to avoid contamination of the sample media by previous samples and to prevent contact with the substance.

4. Press the sample media down firmly, but not excessively, with the fingers, being careful not to touch the sample surface with the thumb. Blot rough surfaces uniformly instead of wiping. Wipe smooth surfaces as described below.

5. Wiping may be done by one of the following methods:

a. Square method: Start at the outside edge and progress toward the center of the surface area by wiping in concentric squares of decreasing size.

b. “S” method: Wipe horizontally from side-to-side in an overlapping “S”-like pattern as necessary to completely cover the entire wipe area.

6. Without allowing the sample media to come into contact with any other surface, fold the sample media with the sampled side in.

7. Use the same sample media to repeat the sampling of the same area. If using the “S” method, the second pass shall be sampled by wiping with overlapping “S”-like motions in a top-to-bottom direction.

8. Fold the sample media over again so that the sampled side is folded in. Place the sample media in a sample container, cap and number it, and note the number at the sample location on the sketch. Include notes with the sketch giving any further description of the sample.

9. At least one sample media blank, treated in the same fashion but without wiping, should be submitted for every 10 samples collected.

When collecting composite samples, the procedure outlined above shall be used with the following exceptions:

1. A single pair of gloves may be used to collect each single sample that will be part of a composite sample. However, a new pair of gloves must be used for each set of composite samples.

2. All individual samples that make up a composite sample must be placed in one sample container.

Porous Surfaces - Vacuum Sampling

83

141

33293330

333133323333

3334

33353336

33373338

333933403341

3342

33433344

33453346

33473348

334933503351

335233533354

33553356

33573358

33593360

3361

33623363

142

Vacuum sampling shall be used to determine the extent of contamination on porous surfaces, including carpeting, drapery, upholstery, clothing, and other soft goods. Vacuum samples shall be collected in accordance with procedures for sample collection described in section 9 of the American Society for Testing and Materials (ASTM) Method D5756-02, Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration. Vacuum samples will be analyzed for methamphetamine and/or derivatives in accordance with analytical methods described in Appendix B of this regulation.

Wipe sampling of porous surfaces may be conducted during the preliminary assessment, in lieu of vacuum sampling, in order to obtain a qualitative (absence or presence) identification of a chemical. Wipe sampling shall not be used to demonstrate that cleanup standards have been met on porous surfaces. Outdoors

For laboratories with outdoor components, or laboratories which are exclusively outdoors, the following sampling shall be performed when conditions indicate the potential for soil contamination. Sampling shall be conducted in accordance with the grid sampling method as described in the Midwest Research Institute’s publication titled “Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup” (referenced in 40 CFR § 761.130), which is incorporated herein by reference. Surface samples shall be taken to a depth of no greater than 8 cm. Sample volume should be at least 100 cm3 and no more than 250 cm3. (Guidance on soil sampling can be found in ASTM D5730, ASTM E1727, ASTM D4700, and the EPA Environmental Investigations Standard Operating Procedures and Quality Assurance (EISOPQA) Manual. Additional subsurface samples may be required.

Other outdoor surfaces should be evaluated based on best professional judgment. Wipe samples and destructive samples may be required.

Composite Sampling

Composite sampling is permitted by this regulation, as described herein. The consultant may not use composite sampling unless in their professional judgment, contamination is expected to be relatively evenly dispersed throughout a given area, such that the sampling will accurately represent the conditions of the drug laboratory. If compositing is used, then the composite shall consist of no greater than five discrete samples. Any composite sampling must consist of like media, matrices or substrates. The mixing of media, matrices or substrates is not permitted. All individual samples (designated as g), from which any single composite is formed must be of equal volume (for liquids), equal surface area (for surface wipe sampling or vacuum sampling) or equal weight (for solids).

Composite sampling may be implemented using one of the following sampling designs. The consultant shall chose the sampling design based upon the specific conditions of the drug laboratory being assessed.

84

143

3364336533663367336833693370

337133723373337433753376

33773378337933803381338233833384338533863387338833893390

33913392339333943395339633973398

339934003401

144

Simple Random Composite Sampling

Figure 1A below illustrates a simple random composite sampling design. In this figure, the sampled area could represent any surface or media about which a decision must be made (such as a series of walls, or carpeting or even contaminated soils).

Figure 1A Example of Random Sample Composites

In the above example, nine individual samples (n*g=9) are composited into three samples for submission to a laboratory (XA, XB, XC).

The individual sample locations can be selected by any number of methods such as those as described in American Society for Testing and Materials (ASTM) Method D6051-96 (2001), Standard Guide for Composite Sampling and Field Subsampling for Environmental Waste Management Activities. The “system of halves” as described in 40 CFR § 761.306 may also be used. An example of the “system of halves” is provided below and illustrated in Figures 1B and 1C.

1. Select the surface which represents the area of highest possible contamination

2. Delineate one square meter within the area

3. Divide the one square meter area in half with an imaginary line in any direction

85

145

3402

340334043405

3406

3407340834093410341134123413341434153416341734183419

3420

3421

3422

146

4. Assign each half “heads” or “tails”

5. Flip a coin

6. Divide the “winning side” in half with an imaginary line in any direction

7. Flip a coin

8. Continue dividing the “winning” side until the winning side is between 100 cm2 and 200 cm2 and collect the wipe sample from that area

9. The method is repeated for each individual (g) of the composite

Figure 1BExample of Random Sample Composites

86

147

3423

3424

3425

3426

34273428

342934303431

3432343334343435

148

Figure 1CExample of Random Sample Composites

Systematic Composite Sampling

A systematic composite sampling design is illustrated in Figure 2. Each field sample collected at the “A” locations is pooled and mixed into one composite sample. The process is then repeated for “B,” “C,” “D” locations and so on. The relative location and size of each individual field sample (such as “A”) should be the same within each block.

Figure 2Example “A” of Systematic Sample Composites

87

149

343634373438343934403441

34423443344434453446

3447344834493450

3451

150

A second systematic composite design is illustrated in Figure 3. This sample design involves collecting and pooling samples from within a grid (See Figure 3). Each field sample collected at the “A” locations is pooled and mixed into one composite sample. The process is then repeated for “B,” “C,” “D” locations and so on. The relative location and size of each individual field sample (such as “A”) should be the same within each block.

Figure 3Example “B” of Systematic Sample Composites

For both assessment and post-decontamination sampling, either simple random composite sampling or systematic composite sampling may be used where contamination is expected to be relatively evenly dispersed throughout a given area, as described above, except the consultant shall selectively choose sample locations that represent the highest potential contamination, in accordance with the hypothesis being tested.

Composite Decision Level

If composite sampling is used, the following procedure shall be used for detecting hot spots to determine if one or more of the individual samples making up the composite could exceed the cleanup standard, but remain undetected due to “dilution” that results from the compositing process.

The approach assumes the underlying distribution is normal and the composite samples were formed from equal-sized individual samples. In the following equations, CL represents the cleanup standard that cannot be exceeded in any individual sample. It is assumed that the analytical limit of quantification, or quantitation limit (QL), is less than the cleanup standard. For any laboratory result (Xi) from a composite sample formed from individual samples (g), the following rules shall be assumed:

88

151

34523453345434553456

3457345834593460

346134623463346434653466

346734683469347034713472347334743475347634773478

152

1) If gCLX i then no individual sample (g) shall be deemed greater than the CL

2) If CLX i then at least one sample must be, and as many as all individual samples may be greater than the CL

If it is determined that one or more individual samples making up the composite exceeds the cleanup standard, all areas represented by the composite sample shall be considered to exceed the cleanup standard unless a discrete sample of any individual area demonstrates that the cleanup standard has been met in that area.

89

153

3479

3480348134823483348434853486

154

ATTACHMENT TO APPENDIX A

METHAMPHETAMINE LABORATORIES

SAMPLING METHODS AND PROCEDURES

SAMPLING THEORY

Sampling Theory

The type of sampling used for stationary structures and vehicles described in this protocol is a type of sampling recognized as “authoritative” sampling. Authoritative sampling is a nonstatistical sampling design that does not assign an equal probability of being sampled to all portions of the population. Consultants using this protocol will have a priori knowledge of the property to be sampled. The a priori knowledge, in the hands of a competent consultant, permits immediate inclusion/exclusion of sampling areas, based on professional judgment. As such, the weight of validity of the data gathered with authoritative sampling is largely dependent on the knowledge and competency of the sampler.

With authoritative sampling, it is not possible to accurately estimate the concentration variance within a property as a whole. Also, due to its subjective nature, the use of authoritative sampling to demonstrate compliance with a regulatory standard is generally not advisable except in those cases that are anticipated to be well defined (small volumes of waste and where contaminants in the property under study is either well above or well below the cleanup standard). The American Society for Testing and Materials (ASTM) Method D6311-98 (2003), Standard Guide for Generation of Environmental Data Related to Waste Management Activities: Selection and Optimization of Sampling Design, recognizes two types of authoritative sampling: judgmental sampling and biased sampling; both of these sampling theories are used in this protocol.

Judgmental Sampling

The goal of judgmental sampling is to use process or site knowledge to choose one or more sampling locations to represent the “average” concentration within the context of the sampling area. Judgmental sampling designs can be extremely useful and cost-effective if the consultant choosing the sampling locations has sufficient knowledge of the history of the drug laboratory under study. It is recognized that the sampling method is not entirely objective since the consultant choosing the sampling locations could possibly intentionally distort the sampling by a prejudiced selection, or if their knowledge in the drug laboratory in question is wanting. In those cases, judgmental sampling can lead to incorrect results being presented to the consultant.

Biased Sampling

Biased sampling is the type of authoritative sampling that intends not to estimate average concentrations or typical properties, but to estimate “worst” or “best” cases (as described in ASTM Method D6051-96 (2001), Standard Guide for Composite Sampling and Field Subsampling for Environmental Waste Management Activities. As described later in this protocol, the aim of the consultant performing post-decontamination sampling is to demonstrate the worst-case scenario in the drug laboratory. The term “biased,” as used here, refers to the collection of samples with expected high concentrations. For example, a sample taken at the source of the actual “cook,” known release, spill or storage area could serve as an estimate of the “worst-case” concentration found in the functional space. This information would be useful in identifying the contaminant and estimating the maximum level of contamination likely to

90

155

3487

3488

3489

3490349134923493

3494349534963497349834993500

35013502350335043505350635073508350935103511

3512351335143515351635173518351935203521

352235233524352535263527352835293530

156

be encountered during a cleanup. Biased sampling, while having the ability to cost-effectively generate information, has similar philosophical disadvantages to that of judgmental sampling.

Establishing Hypothesis TestingThe foundation for the usefulness of any sampling protocol rests upon the establishment of appropriate data quality objectives (DQOs). Without such DQOs, sampling occurs in a vacuum and the strength of the results of the sampling may be extremely limited.

The DQOs are, in turn, driven by a thought process that proceeds from defining the problem, then quantifying the degree of the problem, defining what decisions are to be made based on the resulting data, and the degree of quality needed to ensure that the decision goals can be met. All sampling has error; all analysis has error. No realistic sampling and analysis protocol has a 100% guarantee of definitively characterizing any area or condition. Therefore, a realistic sampling and analysis protocol is one that minimizes error, and optimizes cost effectiveness, while increasing the probability that the DQOs will be met.

This sampling protocol begins with the end in mind; it is based on asking specific questions, and conducting sampling and analysis to answer those questions. In general, this protocol will rely heavily on maximizing the use of existing law enforcement, investigation, analytical and historical information (including process knowledge), thus reducing unnecessary, costly data-gathering activities, while at the same time ensuring that building occupants and the public are not placed at unnecessary risk. The protocol is not a substitute for professional judgment, but must be utilized by cognizant professionals in the application of their professional skills. Neither is the method a “cook-book” recipe that if followed, decontamination is guaranteed, and risks are assumed to be zero. The evaluation of any specific area must necessarily be based on the totality of the circumstances.

This protocol has been divided into two distinct sets of DQOs; one for the preliminary (pre-decontamination sampling) and one for the post-decontamination sampling. The essential difference between the two lies in the hypotheses that are being tested.

Pre-decontamination samplingIn pre-decontamination sampling, the question that is being asked is “Is there evidence of the presence of methamphetamine production in this area?” The assumption (hypothesis) is that the area is clean i.e. “compliant,” and data will be collected to find support for the hypothesis. Data (such as samples) are collected to “prove” the area is compliant. Sampling, if it is performed, is conducted in the areas potentially containing the highest possible concentrations of contaminants. Any data that disproves the hypothesis, including police records, visual clues of production, storage, or use or documentation of drug paraphernalia being present, is considered conclusive, and leads the consultant to accept the null hypothesis and declare the area non-compliant. The strength of evidence needed to reject the hypothesis is low, and is only that which would lead a reasonable person, trained in aspects of methamphetamine laboratories, to conclude the presence of methamphetamine, its precursors as related to processing, or waste products. Post Decontamination samplingIn post decontamination sampling, the question that is being asked is “Does this area contain contaminants in excess of the regulatory standard?” The hypothesis is the area is non-compliant, and data is collected to test the hypothesis. In theory, the ability to prove the hypothesis necessarily becomes more difficult as the area becomes cleaner; and virtually impossible to prove in an area that is completely devoid of contamination. The lack of data supporting the hypothesis leads the consultant to accept the null hypothesis and conclude that the area is compliant. Therefore, the role of the consultant in post decontamination sampling, is not to demonstrate that the area is “clean,” but rather, using bias sampling, to diligently attempt to prove, that the area is not clean. The strength of evidence needed to accept the

91

157

3531353235333534353535363537353835393540354135423543354435453546354735483549355035513552355335543555355635573558355935603561356235633564356535663567356835693570357135723573357435753576357735783579358035813582158

null hypothesis is great; and failure to support the hypothesis results in confidence that risks have been greatly reduced.

Decision StatementIf, based on the totality of the circumstances, the consultant finds that insufficient evidence exists to support the hypothesis that any given area is non-compliant, that area shall be deemed to be compliant with section 25-18.5-103 (2), C.R.S., and shall be released. If objective sampling data indicates contamination is less than the cleanup standard, that data may be used as prima facie evidence that insufficient evidence exists to support the hypothesis that any given area is non-compliant.

Composite SamplingComposite sampling can be implemented as part of a statistical sampling design, such as simple random sampling and/or systematic sampling. The choice of a sampling design will depend upon the specific conditions of the drug laboratory being assessed.

Simple Random Composite SamplingFigure 1 in Appendix A shows how composite sampling can be integrated into a simple random sampling design. In this figure, the sampled area could represent any surface or media about which a decision must be made (such as a series of walls, or carpeting or even contaminated soils). Randomly positioned field sample composites can themselves be randomly grouped together into composite samples. The set of composite samples can then be used to estimate the mean and the variance of the results. Because the compositing process is a mechanical way of averaging out spatial variabilities, we assume1 the resulting concentration data to be more normally distributed than individual samples2. This is especially advantageous because the assumption of the statistical tests in this protocol is that the underlying data approximate a Gaussian distribution.

The sample locations can be selected by any number of methods. The “system of halves” as described in 40 CFR §761.306 is one example discussed in Appendix A and illustrated in Figures 1B and 1C in that appendix.

Systematic Composite SamplingAn example of one kind of systematic composite sampling design is shown in Appendix A, Figure 2. The design can be used to estimate the mean concentration because each composite sample is formed from field samples obtained across the entire sampled unit (a wall, or a carpet, for example). Each field sample collected at the “A” locations is pooled and mixed into one composite sample. The process is then repeated for “B,” “C,” “D” locations and so on. The relative location and size of each individual field sample (such as “A”) should be the same within each block.

A second type of systematic composite involves collecting and pooling samples from within a grid (See Appendix A, Figure 3). If there is spatial correlation between the grid blocks, compositing within grids can be used to estimate block-to-block variability or improve the estimate of the mean within a block if multiple composite samples are collected within each block. In fact, compositing samples collected from localized areas is an effective means to control “short-range” (small-scale) heterogeneity. When this type of compositing is used on localized areas in lieu of “grab” sampling, it is an attractive option to improve representativeness of individual samples.

For post decontamination, any of the above may be used, except, the consultant will purposely attempt to “high-grade” the samples (selectively choosing sample locations that represent the highest potential contamination, in accordance with the hypothesis being tested).

Composite Decision LevelOne disadvantage of composite sampling is the possibility that one or more of the individual samples making up the composite could be “hot” (exceed the “cleanup standard” (CL)), but remain undetected due

92

159

35833584358535863587358835893590359135923593359435953596359735983599360036013602360336043605360636073608360936103611

361236133614361536163617361836193620362136223623362436253626

362736283629363036313632160

to “dilution” that results from the pooling process. If the sampling objective is to determine if any one or more individual samples is “hot,” composite sampling can still be used.

The procedure for detecting hot spots using composite sampling is provided in Appendix A. The approach assumes the underlying distribution is normal and the composite samples were formed from equal-sized individual samples. Let CL be the “cleanup standard” that cannot be exceeded in any individual sample.

If compositing is used then the number of samples that make up the composite should be limited to avoid overall dilution below the analytical limit. It is possible for a composite sample to be diluted to a concentration below the quantitation limit if many of the individual samples have concentrations near zero and a single individual sample has a concentration just above the cleanup standard. The maximum number of identically sized individual samples (g) that can be used to form a composite shall not exceed the cleanup (CL) divided by the quantitation limit (QL). As a practical matter, the number of individual samples used to form a composite should not exceed five discrete samples of equal area.

Glossary of Terms

biased: the systematic or persistent distortion of a measurement process which causes errors in one direction (i.e., the expected sample measurement is different than the sample's true value).

Data Quality Objectives (DQOs):

qualitative and quantitative statements derived from the DQO Process that clarify assessment objectives, define the appropriate type of data, and specify the tolerable levels of potential decision errors that will be used as the basis for establishing the quality and quantity of data needed to support decisions.

Data Quality Objectives Process:

a Quality Management tool based on the Scientific Method to facilitate the planning of environmental data collection activities. The DQO Process enables planners to focus their planning efforts by specifying the intended use of the data (the decision), the decision criteria (cleanup standard) and the consultant's tolerable decision error rates. The products of the DQO Process are the DQOs.

decision error:

an error made when drawing an inference from data in the context of hypothesis testing, such that variability or bias in the data mislead the consultant to draw a conclusion that is inconsistent with the true or actual state of the population under study.

g:any individual sample collected for submission for analysis, either as a discrete sample or as part of a composite sample.

93

161

363336343635363636373638

363936403641364236433644364536463647

364836493650

3651

3652365336543655

3656

36573658365936603661

3662

366336643665

366636673668

162

hypothesis:

a tentative assumption made to draw out and test its logical or empirical consequences.

mean:

(i) a measure of central tendency of the population (population mean), or (ii) the arithmetic average of a set of values (sample mean).

measurement error:

the difference between the true or actual state and that which is reported from measurements.

null hypothesis:

the default alternative conclusion that must be adopted if insufficient data exists to support the hypothesis.

population:

the total collection of objects, or media to be studied and from which a sample is to be drawn.

sampling:

the process of obtaining representative samples and/or measurements of a subset of a population. Sampling is a model; inherent in sampling is error, known or unknown.

sampling design error:

the error due to observing only a limited number of the total possible values that make up the population being studied. It should be distinguished from errors due to imperfect selection; bias in response; and errors of observation, measurement, or recording, etc.

variance:

a measure of (i) the variability or dispersion in a population (population variance), or (ii) the sum of the squared deviations of the measurements about their mean divided by the degrees of freedom (sample variance).

Xi:the laboratory analysis result for any discrete or composite sample submitted for analysis.

94

163

3669

3670

3671

36723673

3674

3675

3676

36773678

3679

3680

3681

36823683

3684

368536863687

3688

368936903691369236933694

164

References

The following documents were consulted and used in the preparation of this protocol.

American Society for Testing and Materials (ASTM) Method D5756-02 (November 2002), Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Mass Concentration,

American Society for Testing and Materials (ASTM) Method D6044-96 (2003), Standard Guide for Representative Sampling for Management of Waste and Contaminated Media.

American Society for Testing and Materials (ASTM) Method D6051-96 (2001), Standard Guide for Composite Sampling and Field Subsampling for Environmental Waste Management Activities.

American Society for Testing and Materials (ASTM) Method D6311-98 (2003), Standard Guide for Generation of Environmental Data Related to Waste Management Activities: Selection and Optimization of Sampling Design.

Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup, EPA-560/5-86-017 (May 1986).

Guidance for the Data Quality Objectives Process, EPA QA/G-4 EPA/600/R-96/055 (September 1994).

RCRA Waste Sampling Draft Technical Guidance Planning, Implementation, and Assessment

EPA530-D-02-002 (August 2002).

95

Based on the central limit theorem which states that if a population is repeatedly sampled, the means of all the sampling events will tend to form a normal distribution, regardless of the shape of the underlying distribution.

2 Exner JH, Keffer WD, Gilbert RO, Kinnison RR. A Sampling Strategy for Remedial Action at Hazardous Waste Sites: Clean-up Soil Contaminated by Tetrachlorodibenzo-p-Dioxin ” Hazardous Waste & Hazardous Materials 2(2):503-21, 1985.

165

36953696369736983699370037013702370337043705370637073708370937103711371237133714371537163717

3718

3719

166

APPENDIX B

METHAMPHETAMINE LABORATORIES

ANALYTICAL METHODS

Purpose

The purpose of this appendix is to establish standard analytical methods and procedures for use in identifying and quantifying contaminants resulting from the manufacture, storage or disposal of methamphetamine related chemicals and wastes.

Analytical Methods

The following analytical methods shall be used to determine the concentrations of chemicals in samples collected at properties used as drug labs:

1. Analysis of wipe samples and microvacuum samples for methamphetamine shall be conducted using one of the laboratories listed in this appendix, or a laboratory that uses Forensic applications employing an Isotopic Dilution approach with the d-5, d-8, or d-14 deuterated methamphetamine as an internal standard, and external calibration with authentic methamphetamine.

2. Analysis of wipe samples and microvacuum samples for iodine shall be conducted using Method 9021 or Method 6020 in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

3. Analysis of wipe samples for lead shall be conducted using NIOSH Method 9100

4. Analysis of vapor samples for mercury shall be conducted using NIOSH Method 6009. Real time monitoring by cold vapor atomic absorption or jerome gold film technologies may also be used.

The following analytical methods shall be used to characterize liquid wastes associated with methamphetamine labs:

1. VOCs using Method 8260B in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

2. Ignitability/flash point by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (or Method 1010 in EPA SW-846), or Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (or Method 1020A in EPA SW-846).

3. Corrosivity as determined by the pH electrometeric measurement Method 9040B in EPA Publication SW-846, by corrosivity by steel using Method 1110 in EPA Publication SW-846.

96

167

3720

3721

3722372337243725

372637273728372937303731

37323733

37343735373637373738

373937403741

3742

374337443745

37463747

37483749

3750375137523753

375437553756

168

4. Reactivity using Method 9014/9034 in EPA Publication SW-846.

Analytical Laboratories

The following analytical laboratories may be used to perform analysis of wipe samples or microvacuum samples for methamphetamine:

1. Alliance Analytical Laboratories, LLC401 East “s” StreetYakima, WA 98901

2. Alturas Analytics, Inc.1282 Alturas DriveMoscow, ID 83843

3. Analytical Chemistry, Inc.4611 South 134th Place, Suite 200Tukwila, WA 98168

4. Freedman and Bruya3912 16th Avenue WestSeattle, WA 98119

5. Legacy MetroLab1225 Northeast 2nd AvenuePortland, OR 97232

6. Sherry Laboratories, Inc.6825 East 38th StreetTulsa, OK 74145

97

169

3757

3758

37593760376137623763

3764376537663767

3768376937703771

3772377337743775

3776377737783779

3780378137823783

378437853786

170

APPENDIX C

METHAMPHETAMINE LABORATORIES

VENTILATION SYSTEM DECONTAMINATION

Purpose

The purpose of this appendix is to establish minimum requirements for the decontamination of ventilation systems at buildings and structures that have been used as drug laboratories.

Decontamination Protocol

Decontamination of ventilation systems shall be conducted by a ventilation contractor experienced in the decontamination of ventilation systems in structures used as drug laboratories. At a minimum, the ventilation contractor shall:

1. Perform a walk-through of the structure prior to initiation of the project to establish a specific plan for decontamination of the ventilation system.

2. Follow health and safety procedures, in accordance with OSHA requirements, to protect workers and others in the vicinity of the structure during the decontamination process.

3. Place protective coverings in areas where work is being performed, including plastic or drop cloths around each area where the duct is penetrated.

4. Shut off and lock out all air handler units before working on each air conveyance system.

5. Perform a visual inspection of the interior ductwork surfaces and internal components.

6. Draw a negative pressure on the entire ductwork, using HEPA exhausted vacuum filters, throughout the cleaning process.

7. Remove and clean all return air grills.

8. Beginning with the outside air intake and return air ducts, clean the ventilation system using pneumatic or electrical agitators to agitate debris into an airborne state. Additional equipment may be also be used in the cleaning process, such as brushes, air lances, air nozzles, and power washers. Controlled containment practices shall be used to ensure that debris is not dispersed outside the air conveyance system during cleaning.

9. Open and inspect air handling units, and clean all components.

10. Remove and clean all supply diffusers.

11. Clean the supply ductwork using the techniques described in item 8 above.

12. Reinstall diffusers and grilles after cleaning is complete.

98

171

3787

3788

3789

37903791

37923793

37943795

379637973798

37993800

38013802

38033804

3805

3806

38073808

3809

38103811381238133814

3815

3816

3817

3818

172

13. Seal shut access points used for agitation purposes.

14. Bag and label all debris, including any filters, and properly dispose of at a landfill.

99

173

3819

3820

174

APPENDIX D

METHAMPHETAMINE LABORATORIES

INDIVIDUAL SEWAGE DISPOSAL SYSTEMS

Purpose

The purpose of this appendix is to establish a protocol for field screening, sampling, and analysis of individual sewage disposal systems (ISDSs) to determine if wastes associated with drug laboratories has been disposed of in the ISDS. The appendix provides further guidance regarding the proper characterization and disposal of the contents of septic tanks that contain wastes from drug labs.

Background

The most common types of drug lab wastes that might be expected in an ISDS include:

1. Solvents (e.g., toluene, xylene, alcohol, acetone);

2. Petroleum distillates (e.g., paint thinner, white gas);

3. Corrosives (e.g., sulphuric acid, muriatic acid, sodium hydroxide solutions); and,

4. Mixtures with residual ephedrine, methamphetamine, iodine or red phosphorus.

Field screening and sample collection shall be conducted to confirm or deny the presence of methamphetamine waste, and to ensure proper disposal of any methamphetamine waste identified.

Field Screening

Field screening of septic tanks shall be conducted if there is evidence that drug lab wastes may have been disposed of into an ISDS. Evidence of drug lab wastes disposal into an ISDS includes, but is not limited to, the following:

1. Witness statements;

2. Stained or etched sinks, bathtubs, toilets;

3. Chemical odors coming from the ISDS plumbing or tank; or

4. Visual observations of unusual conditions within the septic tank (“dead tank”); or, stressed or dead vegetation in a drain field.

100

175

3821

3822

3823

38243825

3826382738283829

38303831

3832

3833

3834

3835

3836

38373838

38393840

384138423843

3844

3845

3846

38473848

176

Initial field screening shall consist of the following:

1. Monitoring the septic tank for volatile organic compounds (VOCs) using a photo ionization detector (PID) or a flame ionization detector (FID).

2. Testing the pH of liquid in the septic tank using pH paper or a pH meter.

Additional field screening may be conducted, at the discretion of the contractor, to further investigate the possible presence of drug lab waste.

Sample Collection

If field screening indicates that the ISDS has been impacted by drug lab wastes, samples shall be collected from the septic tank to determine if the liquids in the tank contain a hazardous waste. Samples shall be collected according to the requirements of the analytical method being used and the following protocol:

1. Prior to sampling, the septic tank must have been sufficiently excavated to indicate whether the tank consists of one or two chambers.

2. Samples from single chamber tanks shall be collected from the baffle on the outlet end of the tank.

3. Samples from dual chamber tanks shall be collected from the baffle on the outlet end of chamber one.

4. Samples must be representative of the wastes found in the septic tank. Sampling procedures may include the use of drum thieves, sludge judges or equivalent equipment. The instructions for the correct usage of the sampling device shall be followed.

5. Remove access cover from the first (or only) chamber and locate outlet baffle.

6. Move any floating surface matter away from the insertion point of the sampling device. Do not collect any matter in the sampling device.

7. Insert the sampling device into the tank, lowering it until it hits the bottom.

8. Trap the sample inside the sampling device.

9. Remove the sampling device and fill the laboratory supplied sample containers. The specific volume and type of sample container will be determined based on the type of analysis desired. For VOC analysis, two 40ml vials shall be filled, leaving no headspace.

10. Replace access cover at the completion of sample collection.

11. Samples may be collected in laboratory preserved bottles, or in unpreserved bottles. If the samples are collected in unpreserved bottles, the laboratory must be notified that the samples are unpreserved.

101

177

3849

38503851

3852

38533854

38553856

3857385838593860

38613862

38633864

38653866

386738683869

3870

38713872

3873

3874

387538763877

3878

387938803881

178

12. Sample containers shall be placed in a cooler with enough ice or ice packs to maintain a temperature of 4° C.

13. A Chain of Custody Record shall be maintained from the time of sample collection until final disposition. Every transfer of custody shall be noted and signed for and a copy of the record shall be kept by each individual who has signed it. Samples shall be sealed, labeled, and secured. All samples collected shall be transported directly to the laboratory. All sample documents shall be retained for the project record.

Waste Characterization

The contents of septic tanks that contain waste from drug labs are solid wastes. Prior to disposal, a hazardous waste determination must be made in accordance with 6 CCR 1007-3 Section 261.20 through 261.24. Methamphetamine wastes in septic tanks will typically not be considered to be listed hazardous wastes (P, U, or F-listed) because the solvents have been used and there is too much uncertainty about the types, sources and original concentrations of solvents discovered in septic tanks.

The following analysis shall be conducted to determine if an ISDS has been impacted by methamphetamine labs wastes, and if the septic tank contains a characteristic hazardous waste:

1. VOCs using Method 8260B in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846.

2. Ignitability/flash point by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (or Method 1010 in EPA SW-846), or Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (or Method 1020A in EPA SW-846).

3. Corrosivity as determined by the pH electrometeric measurement Method 9040 in EPA Publication SW-846, by corrosivity by steel using Method 1110 in EPA Publication SW-846.

4. Reactivity using Method 9014/9034 in EPA Publication SW-846.

Waste Disposal

Septic tank contents containing drug lab waste that have been determined to be a hazardous waste shall be disposed of in accordance with the Colorado Hazardous Waste Regulations (6 CCR 1007-3). Septic tank contents containing drug lab waste that have been determined not to be hazardous waste shall be disposed in accordance with the Colorado Solid Waste Regulations (6 CCR 1007-2), and local requirements.

RELEASE INVESTIGATION AND REMEDIATION

If sampling provides evidence that hazardous waste has been disposed of in the ISDS, an investigation of potential environmental contamination shall be conducted. The investigation and cleanup of soil, surface water and groundwater contamination resulting from disposal of methamphetamine lab wastes into an ISDS shall be conducted in accordance with either the Colorado Hazardous Waste Regulations, or the

102

179

38823883

38843885388638873888

38893890

38913892389338943895

38963897

38983899

3900390139023903

390439053906

3907

39083909

39103911391239133914

39153916

3917391839193920

180

Colorado Solid Waste Regulations, as appropriate based on sampling results, and with Water Quality Control Commission Regulations 31 and 41. Specific investigation requirements shall be determined through consultation with the Department’s Hazardous Materials and Waste Management Division. Guidance on soil and groundwater investigations can be found in the Department of Public Health and Environment, Hazardous Materials and Waste Management Division (May 2002), Corrective Action Guidance Document and the EPA Environmental Investigations Standard Operating Procedures and Quality Assurance ( EISOPQA) Manual .

103

181

3921392239233924392539263927

182

NOTICE OF PUBLIC RULE-MAKING HEARINGBEFORE THE COLORADO BOARD OF HEALTH

NOTICE is hereby given pursuant to the provisions of Section 24-4-103, C.R.S., that the Colorado Board of Health will conduct a public rule-making hearing on October 15, 2014 at 10 a.m. in the Sabin-Cleere Conference Room of the Colorado Department of Public Health and Environment, Bldg. A, First Floor, 4300 Cherry Creek Drive, South, Denver, CO 80246, to consider the promulgation of amendments to 6 CCR 1014-3, Regulations Pertaining to the Cleanup of Methamphetamine Laboratories . The proposed rules have been developed by the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment pursuant to Section 25-18.5-102, C.R.S.

The agenda for the meeting and the proposed amendments will also be available on the Board’s website, http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDPHE-Main%2FCBONLayout&cid=1251622332257&pagename=CBONWrapper , at least 7 days prior to the meeting. The proposed rules, together with the proposed statement of basis and purpose, specific statutory authority and regulatory analysis will be available for inspection at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South EDO-A5, Denver, Colorado 80246-1530 at least five working days prior to the hearing. Copies of the proposed rules may be obtained by contacting the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division HMWMD-B2, 4300 Cherry Creek Drive S., Denver, CO 80246, (303) 692-3357.

The Board encourages all interested persons to participate in the hearing by providing written data, views, or comments, or by making oral comments at the hearing. At the discretion of the Chair, oral testimony at the hearing may be limited to three minutes or less depending on the number of persons wishing to comment. Pursuant to 6 CCR 1014-8, §3.02.1, written testimony must be submitted no later than five (5) calendar days prior to the rulemaking hearing. Persons wishing to submit written comments should submit them to: Colorado Board of Health, ATTN: Jamie L. Thornton, Program Assistant, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South EDO-A5, Denver, Colorado 80246-1530 or by e-mail at: Jamie.thornton@state.co.us

Dated this day of _________, 20__. Deborah Nelson

Board of Health Administrator

104

183

39283929

3930393139323933393439353936393739383939394039413942394339443945394639473948394939503951395239533954395539563957395839593960

3961396239633964396539663967

184

105

185

3968

186