| (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. (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 on-site 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 building occupants from exposure to any
lead-based paint hazards. (B) A certified supervisor or project designer shall prepare the occupant protection plan. (C) The occupant protection plan must be at the worksite at all times during any abatement activity. (6) 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. (7) If conducted, soil abatement shall be conducted in one of the following ways. (A) If soil is removed, the lead-contaminated soil shall be replaced with non-contaminated soil. (B) If soil is not removed, the lead-contaminated soil shall be permanently covered. (8) 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, clearance sampling for dust shall also 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 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 locations shall be sampled for lead-contaminated dust based upon the extent of abatement activities conducted in or on the target housing or child-occupied facility. (i) After conducting an abatement with containment, a sample shall be taken from a window (if available) and the floor of each room, as well as from a window (if available) and from the floor of each common area within
the containment area. In addition, a sample shall be taken from the floor outside the containment area. (ii) After conducting an abatement with no containment, two dust samples shall be taken from no less than four rooms and any adjacent hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from a window (if available) and the floor of each room. If there are less than four rooms, then all rooms, including all adjacent hallways or stairwells, shall be sampled. In addition, a dust sample shall be taken from a window (if available) and the floor of each common area. (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 certified inspector or risk assessor shall compare the residual lead dust level (as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors and windows. If the residual dust levels in a sample exceed the clearance levels, all the components represented by the failed sample shall be recleaned and retested until clearance levels are met. (9) 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 (8) of this subsection. (10) All lead-based paint waste materials from the abatement project must be disposed of in accordance with applicable federal, state, and local requirements. (11) A written abatement report shall be prepared by a certified supervisor or project designer as required in this section. 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) the results 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 and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures; and (G) the name, address, and telephone number of the waste disposal site. (12) Clearance levels that are appropriate for the purposes of this section are: (A) dust wipes from
floors/carpets: 100 micro;g/ft[sup]2[/sup]; (B) dust wipes on window sills: 500 micro;g/ft[sup]2[/sup]; (C) dust wipes on window troughs (wells): 800 micro;g/ft[sup]2[/sup]; and (D) dust wipes from exterior surfaces: 800 micro;g/ft[sup]2[/sup]. (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 Cont'd... |
