WSR 26-10-064
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF COMMERCE
[Filed May 5, 2026, 9:08 a.m.]
Subject of Possible Rule Making: Updates to chapter 365-230 WAC to ensure alignment with United States Environmental Protection Agency (EPA) regulation 40 C.F.R. 745 to allow for assumption of lead presence in homes built before 1978 without testing, to clarify differences between renovation repair and painting (RRP) and lead-based paint activities (LBPA) programs, and to support program implementation. Possible rule-making topics include, but are not limited to, updates to chapter 365-230 WAC to:
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| • | Remove old rules about dust clearance standards. |
| • | Update definitions. |
| • | Remove the ability to pass firm certifications to others. |
| • | Separate the rules about suspension, revocation, and penalties for RRP, LBPA, and accreditation. |
| • | Include criteria for the approval or denial of applications. |
| • | Add additional enforcement options. |
| • | Update certification fees. |
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department of commerce needs to amend rules to ensure alignment with EPA 40 C.F.R. 745, to reflect current lead-safe work best practices, improve program efficiencies, and update certification fees.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: EPA.
Process for Developing New Rule: Standard rule-making process.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Katie Meehan, 1011 Plum Street S.E., P.O. Box 4252, Olympia, WA 98504-2525, phone 360-628-2552, email katie.meehan@commerce.wa.gov, website https://www.commerce.wa.gov/lead-based-paint/.
May 4, 2026
Amanda Hathaway
Rules Coordinator