Occupational Lead Fee Waivers – Frequently Asked Questions
- When will the Request for Waiver of the 2012 Occupational Lead Poisoning (OLP) Fee applications be mailed?
- Can I file my OLP Fee waiver application electronically on the Internet?
- When are the completed 2012 Occupational Lead Poisoning Fee waiver applications due?
- Where do I mail the completed 2012 OLP Fee waiver application?
- Do I need to fill out the OLP Fee waiver application every year (can I get a permanent waiver)?
- What does "altered or disturbed" mean?
- How do I know if I might qualify for a waiver (what is de minimus)?
- I have lost my 2012 OLP Fee waiver application; how do I get another one?
- How can I get a copy of the 2012 electronic fee waiver application I submitted?
- Can I appeal a decision on my 2012 OLP Fee waiver application?
- How do I update my mailing address?
Note: All questions regarding OLP fee returns, fee waiver eligibility, fees owed, requirements for companies that were out of business in 2012, and Standard Industrial Classification coding should be directed to the State Board of Equalization (BOE). Much of this information is available at the BOE lead fee web page or in BOE Publication 94: Occupational Lead Poisoning Prevention Fee (PDF). BOE can be reached at (916) 322-9534 or by fax at (916) 327-0859. Additional contact information for BOE is in Question 11 below.
1. When will the Request for Waiver of the 2012 Occupational Lead Poisoning (OLP) Fee applications be mailed?
Companies who have requested a 2012 waiver application on their Board of Equalization Fee Return will be mailed a paper waiver application and instructions in May 2013. Instructions for completing paper applications (PDF)
2. Can I file my OLP Fee waiver application electronically on the Internet?
Companies have a choice between electronic and paper waiver applications. If you requested an electronic waiver application by checking the appropriate box on your BOE Fee Return, you will receive a packet in the mail which contains your company’s log-in information and instructions for filling out the electronic waiver application via the Internet. Instructions for applying for a fee waiver electronically (PDF)
3. When are the completed 2012 Occupational Lead Poisoning Fee waiver applications due?
Completed 2012 OLP Fee waiver applications, all attachments, and supplemental forms must be postmarked, or submitted online no later than August 31, 2013. Applications postmarked, or submitted online after this date will be denied.
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4. Where do I send the completed 2012 OLP Fee waiver application?
Send completed paper applications to:
California Department of Public Health
Occupational Lead Poisoning Prevention Program (OLPPP)
Attention: Fee Waiver Request
850 Marina Bay Parkway, Bldg P, 3rd Floor
Richmond, CA 94804
Email: LeadFeeWaiver@cdph.ca.gov (you may also email fee waiver questions to this address)
Fax: (916) 440-5887
Phone: (510) 620-5740, extension 2
Electronic applications are submitted online.
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5. Do I need to fill out the OLP Fee waiver application every year (can I get a permanent waiver)?
OLP Fee waiver applications are due each year until a company can: 1) demonstrate to OLPPP that its business operations never involve altering or disturbing greater than de minimus quantities of lead (see questions 6 and 7 for definitions) and 2) the company receives a letter from OLPPP certifying that annual waiver applications are no longer required (permanent waiver).
Applications are reviewed independently on an annual basis and temporary waivers granted from previous years do not constitute supporting evidence that lead was not disturbed in subsequent years. Also, receiving more than one temporary waiver does not constitute evidence for a permanent waiver. For more information, see the text of the Occupational Lead Poisoning Fee regulation (PDF) .
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6. What does “altered or disturbed” mean?
"Altered or disturbed" has a specific regulatory definition, which is “subjected to a process that may result in the release of dust, mist, fume, or other particles. Such processes may include, but are not limited to, cutting, welding, grinding, polishing, scraping, melting, sanding, spraying, or pressure blasting.”
Examples of activities where lead may be altered or disturbed:
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- Painters: sanding, scraping, or preparing painted surfaces prior to repainting
- Contractors, plumbers, HVAC contractors: cutting through painted walls to access plumbing, HVAC ducts, etc.; use of materials such as solder that contain lead
- Demolition: tearing down structures, tearing off old roofs
- Firearms: security personnel discharging firearms with leaded ammunition
- Scrap metal: recycling brass, bronze, and some steel and aluminum alloys; cutting or crushing painted or coated materials, etc.
7. How do I know if I might qualify for a waiver (what is de minimus)?
If your company’s 2012 lead use was very small or short in duration, you may qualify for a waiver of the OLP fee. The regulations consider these uses to be “de minimus.’’ De minimus has a specific regulatory definition (see below). If lead use at your business meets one of these definitions, it is likely your company is eligible for a waiver of the fee with completion of the form and appropriate documentation:
- “Lead present in materials which are altered or disturbed and have a lead concentration less than 0.5% or 5000 parts per million (ppm) by weight.”
Example 1: All metal alloys, paints, inks, colorants, plasticizers, stabilizers, or other materials used by your company in 2012 had a lead concentration of less than 0.5% or 5,000 ppm. Material safety data sheets or chemical composition sheets have this information.
Example 2: Painting contractors only painting new structures, repainting structures constructed after 1978, or with lead paint testing results less than 5000 ppm.
- “Lead present in materials where the total weight of such materials altered or disturbed during the calendar year is known to be 16 ounces (one pound) or less by weight.”
Example: Employees in all your California facilities together used no more than a one-pound roll of leaded solder.
- “Lead present in materials where no such material is altered or disturbed at any individual employee’s place of employment on more than one day during the calendar year, i.e., if no employee works on more than one day during the calendar year in any location where lead-containing materials are being altered or disturbed, then the amount is de minimus.”
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8. I have lost my 2012 OLP Fee waiver application, how do I get another one?
If you have lost your paper fee waiver application you have two options.
- Call or email us and request a new paper application (See Question 4 for contact information). See Instructions for completing paper applications (PDF). The paper waiver applications are no longer available for download on our website.
- Call or email us and request an electronic fee waiver application log-in. We will send your log-in by email. See Instructions for applying electronically (PDF). If you have requested an electronic fee waiver application but lost your log-in information, you may call or email us for your log-in information. We will send you your log-in by email.
9. How can I get a copy of the 2012 electronic fee waiver application I submitted?
A copy of your application in PDF format will be automatically sent to you when you submit your electronic application as long as you provided a valid email address. You can also log back into the electronic OLP fee waiver application system (using your ID and password) until August 31, 2013, to print or save another copy of your submitted application.
10. Can I appeal a decision on my 2012 OLP Fee waiver application?
Yes. If your OLP Fee waiver application is denied, your company will be informed in writing of the reason for the denial. Your company will then have 15 working days to appeal this decision in writing to OLPPP and to supply additional supporting documentation. Written appeals made after 15 working days will be denied.
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11. How do I update my mailing address?
Notify both OLPPP and the BOE in writing of mailing address changes.
See Question 4 for OLPPP contact information
To register with the Board of Equalization (BOE), visit their website: http://www.boe.ca.gov/elecsrv/eServices.htm.
The BOE's on-line registration system (eReg) will guide applicants through the registration process whether or not they know what type of account or license they require. eReg is convenient and is available 24 hours a day. BOE representatives are available to assist with eReg questions Monday through Friday (except State holidays) from 8:00 A.M. to 5:00 P.M. PST.
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