(G) The certified inspector or risk assessor shall
compare the residual lead dust level (as determined by the laboratory
analysis) from each single surface dust sample with clearance levels
in paragraph (13) of this subsection for lead in dust on floors, interior
window sills, and window troughs or from each composite dust sample
with the applicable clearance levels for lead in dust on floors, interior
window sills, and window troughs divided by half the number of subsamples
in the composite sample. If the residual lead level in a single surface
dust sample equals or exceeds the applicable clearance level or if
the residual lead level in a composite dust sample equals or exceeds
the applicable clearance level divided by half the number of subsamples
in the composite sample, the components represented by the failed
sample shall be recleaned and retested.
(10) In a multi-family dwelling with similarly constructed
and maintained units, random sampling for the purposes of clearance
may be conducted, provided:
(A) the individuals who abate or clean the units do
not know which units will be selected in the sample;
(B) a sufficient number of units are selected for sampling
to provide a 95% level of confidence that no more than 5.0% or 50
of the units (whichever is smaller) in the sampled population exceed
the appropriate clearance levels; and
(C) the selected units are sampled and evaluated for
clearance according to the procedures found in paragraph (9) of this
subsection.
(11) All lead-based paint waste materials from the
abatement project must be disposed of in accordance with applicable
federal, state, and local requirements.
(12) A written abatement report shall be prepared by
a certified supervisor or project designer as required in this section.
This report shall be completed within sixty days of the stop-date
on each abatement notification. The abatement report shall include
the following information:
(A) start and completion dates of abatement;
(B) the name and address of each certified firm conducting
the abatement and the name of each supervisor assigned to the abatement
project;
(C) the occupant protection plan prepared pursuant
to paragraph (5) of this subsection;
(D) the name, address, and signature of each certified
risk assessor or inspector conducting clearance sampling and the date
of clearance testing;
(E) a copy of all laboratory reports of clearance testing
and all soil analyses (if applicable) and the name of each recognized
laboratory that conducted the analyses;
(F) a detailed written description of the abatement,
including abatement methods used, locations of rooms or components,
or both where abatement occurred, reason for selecting particular
abatement methods for each component, and any suggested monitoring
of encapsulants or enclosures;
(G) the name, address, and telephone number of the
waste disposal site; and
(H) the name, signature, and the department certification
number of the person completing the post-abatement report and the
completion date of the report.
(13) Clearance levels for lead in dust that are appropriate
for the purposes of this section are:
(A) dust wipes for floors: <10 micrograms per square
foot (µg/ft2 );
(B) dust wipes for interior window sills: <100 µg/ft2 ; and
(C) dust wipes for window troughs: <400 µg/ft2 .
(e) Collection and laboratory analysis of samples.
Any paint chip, dust, or soil samples collected pursuant to the standards
contained in this section shall be:
(1) collected by persons certified by the department
as a lead inspector or risk assessor; and
(2) ensured by the lead inspector or risk assessor
to be analyzed by a laboratory recognized by the Environmental Protection
Agency pursuant to §405(b) of the Toxic Substances Control Act
(TSCA) as being capable of performing analyses for lead in paint chip,
dust, and soil samples.
(f) Composite dust sampling. Composite dust sampling
may only be conducted in the situations specified in subsections (b)
- (d) of this section. If such sampling is conducted, the following
conditions shall apply:
(1) composite dust samples shall consist of at least
two subsamples;
(2) every component that is being tested shall be included
in the sampling; and
(3) composite dust samples shall not consist of subsamples
from more than one type of component.
(g) Determinations of presence of lead-based paint
and lead hazards.
(1) Lead-based paint is present:
(A) on any surface that is tested and found to contain
lead equal to or in excess of 1.0 milligrams per square centimeter
or equal to or in excess of 0.5% by weight; and
(B) on any surface like a surface tested in the same
room equivalent that has a similar painting history and that is found
to be lead-based paint.
(2) A paint-lead hazard is present:
(A) on any friction surface that is subject to abrasion
and where the lead dust levels on the nearest horizontal surface underneath
the friction surface (e.g., the window sill or floor) are equal to
or greater than the dust hazard levels identified in paragraph (3)(A)
of this subsection;
(B) on any chewable lead-based paint surface on which
there is evidence of teeth marks;
(C) where there is any damaged or otherwise deteriorated
lead-based paint on an impact surface that is caused by impact from
a related building component, such as a door knob that knocks into
a wall or a door that knocks against its door frame; or
(D) if there is any other deteriorated lead-based paint
in any residential building or child-occupied facility or on the exterior
of any residential building or child-occupied facility.
(3) A dust-lead hazard is present in a residential
dwelling or child-occupied facility:
(A) in a residential dwelling on floors and interior
window sills when the weighted arithmetic mean lead loading for all
single surface or composite samples of floors and interior window
sills are equal to or greater than 10 µg/ft2 for
floors and 100 µg/ft2 for interior
window sills, respectively;
(B) on floors or interior window sills in an unsampled
residential dwelling in a multi family dwelling, if a dust-lead hazard
is present on floors or interior window sills, respectively, in at
least one sampled residential unit on the property; or
(C) on floors or interior window sills in an unsampled
common area in a multi-family dwelling, if a dust-lead hazard is present
on floors or interior window sills, respectively, in at least one
sampled common area in the same common area group on the property.
(4) A soil-lead hazard is present:
(A) in a play area when the soil-lead concentration
from a composite play area sample of bare soil is equal to or greater
than 400 parts per million (ppm); or
(B) in the rest of the yard when the arithmetic mean
lead concentration from a composite sample (or arithmetic mean of
composite samples) of bare soil from the rest of the yard (i.e., non-play
areas) for each residential building on a property is equal to or
greater than 1,200 ppm.
(h) Recordkeeping. All reports or plans required in
this section shall be maintained by the certified firm or individual
contractor, who prepared the report, for no less than three years.
The certified firm or individual contractor also shall provide copies
of these reports to the building owner who contracted for its services
and these reports shall be made available to the department upon request.
Building owners are subject to the requirements mandated under §1018
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and
40 Code of Federal Regulations, §745, Subpart F, "Disclosure
of Known Lead-based Paint and/or Lead-based Paint Hazards Upon Sale
or Lease of Residential Property."
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Source Note: The provisions of this §295.212 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective November 9, 2021, 46 TexReg 7608 |