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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.212Standards for Conducting Lead-Based Paint Activities

    (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 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 (8) 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 and/or components 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 that are appropriate for the purposes of this section are:

    (A) dust wipes from floors/carpets: <40µg/ft2 ;

    (B) dust wipes on window sills: <250µg/ft 2 ; and

    (C) dust wipes on window troughs (wells): <400µg/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 40 µg/ft2 for floors and 250 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."


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

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