(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 (relating to Definitions).
(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 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 subparagraph (A) of this paragraph, 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.
(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
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