| (ii) all preparation, cleanup, disposal, and post-abatement
clearance testing activities associated with such measures; and
(iii) abatement projects, which specifically include,
but are not limited to:
(I) projects for which there is a written contract
or other documentation, which provides that an individual or firm
will be conducting activities in or to target housing or child-occupied
facilities that:
(-a-) shall result in the permanent elimination of
lead-based paint, lead-contaminated dust or soil, and other lead-based
paint hazards; or
(-b-) are described in clauses (i) and (ii) of this
subparagraph.
(II) projects resulting in the permanent elimination
of a lead-based paint hazard, lead-based paint, and lead-contaminated
dust or soil, conducted by persons certified in accordance with §§295.206
- 295.211 of this title relating to the certification requirements
unless such projects are covered by subparagraph (B) of this paragraph;
(III) projects resulting in the permanent elimination
of a lead-based paint hazard, lead-based paint, and lead-contaminated
dust or soil, conducted by persons who, through their company name
or promotional literature, represent, advertise, or hold themselves
to be in the business of performing lead-based paint activities as
identified and defined by this section, unless such projects are covered
by subparagraph (B) of this paragraph; or
(IV) projects involving the permanent elimination of
lead-based paint hazards, lead-based paint, or lead-contaminated dust
or soil, that are conducted in response to state or local abatement
orders.
(B) Excludes:
(i) renovation, remodeling, or landscaping activities,
which are not designed to permanently eliminate lead-based paint hazards,
but, instead, are designed to repair, restore, or remodel a given
structure or dwelling, even though these activities may incidentally
result in a reduction or elimination of lead-based paint hazards;
(ii) interim controls, operations and maintenance activities,
or other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards; and
(iii) demolition of target housing buildings and child-occupied
facilities.
(52) Lead-based paint--Paint or other surface coatings
that contain lead equal to or in excess of 1.0 milligrams per square
centimeter or more than 0.5% by weight.
(53) Lead-based paint activity--Inspection, testing,
risk assessment, risk reduction, lead abatement project design or
planning, abatement or removal, or creation of lead-based paint hazards.
(54) Lead-based paint hazard--Hazardous lead-based
paint, dust-lead hazard or soil-lead hazard as identified in this
paragraph.
(A) Paint-lead hazard. A paint-lead hazard is any of
the following:
(i) any lead-based paint on a 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-lead hazard
levels identified in subparagraph (B) of this paragraph;
(ii) 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);
(iii) any chewable lead-based painted surface on which
there is evidence of teeth marks; and
(iv) 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.
(B) Dust-lead hazard. A dust-lead hazard is surface
dust in a residential building or child-occupied facility that contains
mass-per-area concentration of lead equal to or exceeding 10 micrograms
per square foot (µg/ft2 ) on floors
or 100 µg/ft2 on interior window
sills based on wipe samples.
(C) Soil-lead hazard. A soil-lead hazard is bare soil
on residential real property or on the property of a child-occupied
facility that contains total lead equal to or exceeding 400 parts
per million (ppm) in a play area or average of 1,200 ppm of bare soil
in the rest of the yard based on soil samples.
(55) Lead-hazard screen--An activity conducted by a
certified risk assessor that involves limited paint and dust sampling
to determine the presence of a lead-based paint hazard.
(56) Living area--Areas of a target housing unit or
a child-occupied facility used by one or more children six years of
age or younger, including, but not limited to, living rooms, kitchen
areas, dens, play rooms, and children's bedrooms.
(57) Loading--The quantity of a specific substance
present per unit of surface area, such as the amount of lead in micrograms
contained in the dust collected from a certain surface area divided
by the surface area in square feet or square meters.
(58) Mid-yard--An area of a residential yard approximately
midway between the dripline of a residential building and the nearest
property boundary or between the driplines of a residential building
and another building on the same property.
(59) Multi-family dwelling--A structure that contains
more than one separate residential dwelling unit, which is used or
occupied, or intended to be used or occupied, in whole or in part,
as the home or residence of one or more persons.
(60) Non-profit--An entity which has demonstrated to
any branch of the Federal Government or to a State, municipal, tribal
or territorial government, that no part of its net earnings inure
to the benefit of any private shareholder or individual.
(61) OSHA--The Occupational Safety and Health Administration
of the United States Department of Labor.
(62) Permanently covered soil--Soil which has been
separated from human contact by the placement of a barrier consisting
of solid, relatively impermeable materials, such as pavement or concrete.
Grass, mulch, and other landscaping materials are not considered permanent
covering.
(63) Person--An individual, corporation, company, contractor,
subcontractor, association, firm, partnership, joint stock company,
foundation, institution, trust, society, union, governmental entity,
or any other association of individuals.
(64) Play area--An area of frequent soil contact by
children six years of age or less as indicated by, but not limited
to, such factors, including the following the presence of play equipment
(e.g., sandboxes, swing sets, and sliding boards), toys, or other
children's possessions, observations of play patterns, or information
provided by parents, residents, care givers, or property owners.
(65) Principal instructor--The individual who has the
primary responsibility for organizing and teaching a particular course.
(66) Recognized laboratory--An environmental laboratory
recognized by EPA, pursuant to the Toxic Substances Control Act (TSCA) §405(b),
as being capable of performing an analysis for lead content in materials,
including paint, soil, and dust.
(67) Reduction--Any measures designed to reduce or
eliminate human exposure to lead-based paint hazards through methods,
including, but not limited to, interim controls and abatement.
(68) Residential building--A building containing one
or more residential dwellings.
(69) Residential dwelling--A dwelling that is:
(A) a detached single family dwelling unit, including
attached structures such as porches and stoops; or
(B) a single family dwelling unit in a structure that
contains more than one separate residential dwelling unit, which is
used or occupied, or intended to be used or occupied, in whole or
in part, as the home or residence of one or more persons.
(70) Risk assessment--An assessment consists of:
(A) an on-site investigation conducted by a certified
risk assessor to determine the existence, nature, severity, and location
of lead-based paint hazards; and
(B) a written report by the person or the firm conducting
the risk assessment, explaining the results of the investigation and
options for reducing lead-based paint hazards.
(71) Room--A separate part of the inside of a building,
such as a bedroom, living room, dining room, kitchen, bathroom, laundry
room, or utility room. To be considered a separate room, the room
must be separated from adjoining rooms by built-in walls or archways
that extend at least six inches from an intersecting wall. Half walls
or bookcases count as room separators if built-in. Movable or collapsible
partitions or partitions consisting solely of shelves or cabinets
are not considered built-in walls. A screened in porch that is used
as a living area is a room.
(72) Soil Sample--A sample collected in a representative
location using ASTM E1727, "Standard Practice for Field Collection
of Soil Samples for Lead Determination by Atomic Spectrometry Techniques,"
or equivalent method.
(73) Start-date--The date that the lead abatement begins.
(74) Stop-date--The date that all dust-wipe clearance
levels are achieved and reported to the lead firm conducting the abatement
for interior abatement, or for exterior abatement, the date that visual
clearance levels are all achieved.
(75) Target housing--Any housing constructed prior
to 1978, except housing for the elderly or persons with disabilities
(unless any child who is six years of age or younger resides or is
expected to reside in such housing) or any zero-bedroom dwelling.
As defined in this section, target housing includes the terms residential
dwelling, multi-family dwelling, and unit.
(76) Testing--The collection of paint, soil, or dust-wipe
samples for determining the presence of lead in paint or lead-based
paint hazards by an EPA recognized laboratory or the use of an XRF.
(77) Training curriculum--An established set of course
topics for instruction in an accredited training program for a particular
discipline designed to provide specialized knowledge and skills.
(78) Training hour--At least 50 minutes of actual teaching,
including, but not limited to, time devoted to lecture, learning activities,
small group activities, demonstrations, evaluations, and hands-on
experience.
(79) Training manager--The individual responsible for
administering a training program and monitoring the performance of
principal instructors and guest instructors.
(80) TSCA--Toxic Substances Control Act (15 United
States Code §2681 et seq) Title IV.
(81) Unit--A room or connected group of rooms used
or intended to be used by a single tenant or owner.
(82) Visual inspection for clearance testing--The visual
examination of a residential dwelling or a child-occupied facility
following an abatement to determine whether or not the abatement has
been successfully completed, as indicated by the absence of visible
residue, dust, and debris.
(83) Visual inspection for risk assessment--The visual
examination of a residential dwelling or a child-occupied facility
to determine the existence of deteriorated lead-based paint or other
potential sources of lead-based paint hazards.
(84) Weighted arithmetic mean--The arithmetic mean
of sample results weighted by the number of subsamples in each sample.
Its purpose is to give influence to a sample relative to the surface
area it represents. A single surface sample is comprised of a single
subsample. A composite sample may contain from two to four subsamples
of the same area as each other and of each single surface sample in
the composite. The weighted arithmetic mean is obtained by summing,
for all samples, the product of the sample's result multiplied by
the number of subsamples in the sample, and dividing the sum by the
total number of subsamples contained in all samples. For example,
the weighted arithmetic mean of a single surface sample containing
60 µg/ft2 , a composite sample (three
subsamples) containing 100 µg/ft2 ,
and a composite sample (four subsamples) containing 110 µg/ft2 is 100 µg/ft2 .
This result is based on the equation [60 + (3*100) + (4*110)]/(1+3+4).
(85) Window trough--For a typical double-hung window,
the portion of the exterior window sill between the interior window
sill (or stool) and the frame of the storm window. If there is no
storm window, the window trough is the area that receives both the
upper and lower window sashes when they are both lowered. The trough
is sometimes referred to as the window "well."
(86) Wipe sample--A sample collected by wiping a representative
surface of known area, as determined by ASTM E1728, "Standard Practice
for Field Collection of Settled Dust Samples Using Wipe Sampling Methods
for Lead Determinations by Atomic Spectrometry Techniques," or equivalent
method, with an acceptable wipe material as defined in ASTM E1792,
"Standard Specification for Wipe Sampling Materials for Lead in Surface
Dust."
(87) Working days--Monday through Friday including
holidays that fall on those days.
(88) Worksite--An interior or exterior area at a target
housing or child-occupied facility where lead-based paint abatement
activity is taking place or is scheduled to take place.
(89) X-Ray Fluorescence Analyzer (XRF)--An instrument
used to determine the concentration of lead in a sample; readings
are in milligrams per square centimeter (mg/cm2 ).
(90) Zero-bedroom dwelling--Any residential dwelling
in which the living area is not separated from the sleeping area.
The term includes, but is not limited to, efficiencies, studio apartments,
dormitory housing, military barracks, and rental of individual rooms
in residential dwellings.
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