| (31) Distinct painting history--The application history,
as indicated by its visual appearance or a record of application,
over time, of paint or other surface coatings to a component, room,
or unit of a building structure.
(32) Dripline--The area within three feet surrounding
the perimeter of a building.
(33) Elevated blood lead level (EBL)--An absorption
of lead that is a confirmed concentration of lead in whole blood of
20 µg/dl (micrograms of lead per deciliter of whole blood) for
a single venous test or of 15-19 µg/dl in two consecutive tests
taken three to four months apart.
(34) EHNG--Environmental Health Notifications Group
within the Inspection Unit, Environmental and Consumer Safety Section,
Department of State Health Services.
(35) Encapsulant--A substance that forms a barrier
between lead-based paint and the environment using a liquid-applied
coating (with or without reinforcement materials) or an adhesively
bonded covering material. Only encapsulant products that meet the
performance standards developed by ASTM (E1796, E1795) shall be used
for lead hazard reduction.
(36) Encapsulation--The application of an encapsulant.
(37) Enclosure--A process that makes lead-based paint
inaccessible by providing a physical barrier that is mechanically
attached to a surface.
(38) EPA--The United States Environmental Protection
Agency.
(39) Federal laws and rules--Applicable federal laws
and regulations adopted in this paragraph:
(A) Toxic Substances Control Act (15 United States
Code §2681 et seq.) Title IV, and the rules adopted by the EPA
under that law for authorization of state programs;
(B) Title X, Residential Lead-Based Paint Hazard Reduction
Act of 1992, and any regulations or requirements adopted by the HUD
regarding eligibility for grants to states and local governments;
and
(C) any other requirements adopted by a federal agency
with jurisdiction over lead hazards.
(40) Friction surface--An interior or exterior surface
that is subject to abrasion or friction, including, but not limited
to, certain window, floor, and stair surfaces.
(41) Guest instructor--An individual designated by
the training program manager to provide instruction specific to the
lecture, hands-on activities, or work practice components of a course.
(42) Hands-on skills assessment--An evaluation which
tests the trainees' ability to perform satisfactorily the work practices
and procedures used by a discipline, as well as any other skills covered
in a training course.
(43) HEPA filter--A high-efficiency particulate air
filter, capable of trapping and retaining 99.97% of mono-dispersed
airborne particles 0.3 microns or larger in diameter.
(44) Historical records--Documentation which identifies
the material makeup (including brand, color type, and lead content)
and dates of application of paint and other surface coatings.
(45) HUD--The United States Department of Housing and
Urban Development.
(46) HVAC--Heating, ventilation, and air conditioning
systems.
(47) Impact surface--An interior or exterior surface
that is subject to damage by repeated sudden force such as certain
parts of door frames.
(48) Inspection--A surface-by-surface investigation
by a certified lead inspector or a certified lead risk assessor to
determine the presence of lead-based paint including a written report
explaining the results of the investigation.
(49) Interim controls--A set of measures designed to
temporarily reduce human exposure or likely exposure to lead-based
paint hazards, including specialized cleaning, repairs, maintenance,
painting, temporary containment, ongoing monitoring of lead-based
paint hazards or potential hazards, and the establishment and operation
of management and resident education programs.
(50) Interior window sill--The portion of the horizontal
window ledge that protrudes into the interior of the room.
(51) Lead Abatement--
(A) Includes any measure or set of measures designed
to permanently eliminate lead-based paint hazards. Abatement includes,
but is not limited to:
(i) the removal of paint and dust, the permanent enclosure
or encapsulation of lead-based paint, the replacement of painted surfaces
or fixtures, or the removal or permanent covering of soil, when lead-based
paint hazards are present in such paint, dust or soil; and
(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.
Cont'd... |
