| (F) name, signature, and certification number of the certified risk assessor conducting the assessment; (G) name, address, and telephone number of the certified firm employing each risk assessor; (H) name, address, and telephone number of each recognized laboratory conducting analysis of collected samples; (I) results of the visual inspection; (J) testing method and sampling procedure for paint analysis employed; (K) specific locations of each painted component tested for the presence of lead-based paint; (L) all data collected from on-site testing including quality control data and, if used, the brand name, model, and serial number of any XRF device (including downloaded XRF data); (M) copies of all laboratory analysis on collected paint, soil, and dust samples; (N) any other sampling results; (O) any background information collected pursuant to paragraph (3) of this subsection; (P) to the extent that they are used as part of the lead-based paint hazard determination, an evaluation of the adequacy of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-related hazards; (Q) a description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and (R) a description of recommended interim controls and/or abatement options for each identified lead-based paint hazard, and a suggested prioritization for taking each action based on the immediacy and severity of the hazard. If the use of an encapsulant or enclosure is recommended, the report shall include a maintenance and monitoring schedule for the encapsulant or enclosure. (12) All risk assessment reports shall be retained for a minimum of three years. (d) Abatement. (1) A lead abatement shall be conducted only by an individual certified by the department as a worker or supervisor, and if conducted, shall be conducted according to the procedures in this subsection. (2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be available either directly or through a pager or answering service, and able to be present at the work site in no more than two hours. (3) The certified supervisor and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this subsection and all other federal, state, and local requirements. (4) Notification of the commencement of lead-based paint abatement activities in target housing or child-occupied facilities or as a result of a federal, state, or local order shall be given to the department, according to the procedures established in §295.214 of this title (relating to Notifications), prior to the commencement of abatement activities. (5) A written occupant protection plan shall be developed and implemented for all abatement projects and shall be prepared according to the following procedures. (A) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the public from exposure to any lead-based paint hazards. (B) A certified supervisor or project designer shall prepare and sign the occupant protection plan. (C) The occupant protection plan must be kept at the worksite by the certified lead abatement firm at all times during any abatement activity. (6) Unless presumed lead, a copy of the lead inspection or lead risk assessment report prepared for the lead abatement project shall be kept at the worksite by the certified lead abatement firm and be available for department inspection. (7) The following work practices shall be followed during a lead abatement. (A) Open-flame burning or torching of lead-based paint is prohibited. (B) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control capable of removing particles of 0.3 microns or larger from the air at 99.97% or greater efficiency. (C) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell or totaling no more than 20 square feet on exterior surfaces. (D) Operating a heat gun on lead-based paint is permitted only at a temperature below 1,100 degrees Fahrenheit. (8) If conducted, soil abatement shall be conducted in one of the following ways. (A) If soil is removed: (i) the soil shall be replaced by soil with a lead concentration as close to local background as practicable, but less than 400 ppm; and (ii) the soil that is removed shall not be used as top soil at another residential property or child-occupied facility. (B) If soil is not removed, the soil shall be permanently covered, as defined in §295.202 of this title. (9) The following post-abatement clearance procedures shall be performed by a certified inspector or risk assessor. (A) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris, or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures. (B) Following the visual inspection and any post-abatement cleanup required by paragraph (8)(A) of this subsection, clearance sampling for lead in dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques. (C) Dust samples for clearance purposes shall be taken using approved documented methodologies that incorporate adequate quality control procedures. (D) Dust samples for clearance purposes shall be taken a minimum of one hour after completion of final post-abatement cleanup activities. (E) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility. (i) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of each of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are less than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled. (ii) After conducting an abatement with no containment, two dust samples shall be taken from each of no less than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are less than four rooms, hallways or stairwells within the residential dwelling or child-occupied facility then all rooms, hallways or stairwells shall be sampled. (iii) Following an exterior paint abatement, a visual inspection shall be conducted to determine and ensure that all horizontal surfaces in the outdoor living area closest to the abated surface shall be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips in bare soil in common areas, on the dripline or next to the foundation below any abated exterior surface. If paint chips are present, they must be removed from the site and properly disposed, according to all applicable federal, state, and local requirements. (F) The rooms, hallways or stairwells selected for sampling shall be selected according to approved documented methodologies. Cont'd... |
