(a)Inspection. (1)(No change.) (2)When conducting an inspection, the following locations shall be selected according to approved documented methodologies and tested for the presence of lead-based paint. (A) - (B)(No change.) (3)The collection and analysis of paint samples to determine the presence of lead-based paint shall be conducted using approved documented methodologies which incorporate adequate quality control procedures and analyzed according to subsection (e) of this section. (4)The certified inspector or risk assessor shall prepare a written [an] inspection report within 30 days of conducting the inspection, which shall include the following information: (A) - (F)(No change.) (G)name, address, and telephone number of the certified firm employing or contracting with each inspector and/or risk assessor; (H)(No change.) (I)each testing method and device and/or sampling procedure employed for paint analysis, including quality control data, copy of laboratory reports, and, if used, the brand name, model, and serial number of any XRF device, including downloaded XRF data; (J) - (K)(No change.) (5)All inspection reports shall be retained for a minimum of three years. (b)Lead hazard screen. (1)(No change.) (2)A lead hazard screen shall be conducted as follows. (A) - (B)(No change.) (C)If deteriorated paint is present, each surface with deteriorated paint and having a distinct painting history shall be tested, using approved documented methodologies, for the presence of lead-based paint. (D) - (E)(No change.) (3)Any paint and dust samples shall be taken using approved documented methodologies that incorporate adequate quality control procedures. (4)(No change.) (5)The risk assessor shall prepare a written lead hazard screen report within 30 days of conducting the lead hazard screen , which shall include the following: (A)the information required in a risk assessment report as specified in subsection (c) of this section, excluding paragraphs (11) [paragraph (9)](P)-(R); and (B)(No change.) (6)All lead hazard screen reports shall be retained for a minimum of three years. (c)Risk assessment. (1)(No change.) (2)A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential sources of lead-based paint hazards. If deteriorated paint or other potential sources of lead-based paint hazards are present, each surface with deteriorated paint or each painted surface which is a potential lead-based paint hazard shall be tested using approved documented methodologies for the presence of lead. (3)(No change.) (4)The following surfaces which are determined, using approved documented methodologies to have a distinct painting history, shall be tested for the presence of lead: (A)each friction surface or impact surface with visibly deteriorated paint; and (B)all other surfaces with visibly deteriorated paint. (5)[(4)] In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children six years of age or younger are most likely to come into contact with dust. (6)[(5)] For multi-family dwellings and child-occupied facilities, the samples required in paragraph (4) of this subsection shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations [ dust samples (composite or single-surface samples) from the window and floor shall be collected in all living areas where one or more children six years of age or younger are most likely to come into contact with dust. In addition, window and floor dust samples (composite or single-surface samples) shall be collected in the following locations]: (A)common areas adjacent to the sampled residential dwelling or child-occupied facility; [unit;] and (B)(No change.) (7)For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway or stairwell utilized by one or more children, age six and under, and in other common areas in the child-occupied facility where one or more children, age six and under, are likely to come into contact with dust. (8)[(6)] Soil samples shall be collected and analyzed for lead concentrations in the following locations: (A)exterior play areas where bare soil is present; [ and] (B)the rest of the yard (i.e., non-play areas) where bare soil is present; and (C)[(B)] dripline/foundation areas where bare soil is present. (9)[(7)] Any paint, dust, or soil sampling or testing shall be conducted using approved documented methodologies that incorporate adequate quality control procedures. (10)[(8)] Any collected paint chip, dust, or soil samples shall be analyzed according to subsection (e) of this section to determine if they contain detectable levels of lead that can be quantified numerically. (11)[(9)] Within 30 days of conducting a lead risk assessment, a written risk assessment report shall be completed by a certified risk assessor and the [The certified risk assessor shall prepare a risk assessment] report [which] shall include the following information: (A)date of assessment; (B)physical address of building; (C)date of construction of building; (D)unit numbers (if applicable); (E)name, address, and telephone number of the owner of each building or unit; (F)name, signature, and certification number of the certified risk assessor conducting the assessment; (G)name, address, and telephone number of the certified firm employing each risk assessor; (H)name, address, and telephone number of each recognized laboratory conducting analysis of collected samples; (I)results of the visual inspection; (J)testing method and sampling procedure for paint analysis employed; (K)specific locations of each painted component tested for the presence of lead-based paint; (L)all data collected from on-site testing including quality control data and, if used, the brand name, model, and serial number of any XRF device (including downloaded XRF data); (M)copies of all [all results of] laboratory analysis on collected paint, soil, and dust samples; (N)any other sampling results; (O)any background information collected pursuant to paragraph (3) of this subsection; (P)to the extent that they are used as part of the lead-based paint hazard determination, an evaluation of the adequacy of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-related hazards; (Q)a description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and (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. (12)All risk assessment reports shall be retained for a minimum of three years. (d)Abatement. (1)(No change.) (2)A certified supervisor is required for each abatement project and shall be onsite during all lead [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) - (4)(No change.) (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 public [ building occupants] from exposure to any lead-based paint hazards. (B)A certified supervisor or project designer shall prepare and sign the occupant protection plan. (C)The occupant protection plan must be kept at the worksite by the certified lead abatement firm at all times during any abatement activity. (6)A copy of the lead inspection or lead risk assessment report prepared for the lead abatement project shall be kept at the worksite by the certified lead abatement firm and be available for department inspection. (7)[(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. (8)[(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.] (i)the soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater 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 [lead-contaminated] soil shall be permanently covered, as defined in §295.202 of this title. (9)[(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 and any post-abatement cleanup required by paragraph (8)(A) of this subsection, 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 [locations] shall be conducted as appropriate [ sampled for lead-contaminated dust] based upon the extent or manner of abatement activities conducted in or to the residential dwelling [on the target housing] 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[, 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 each of 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 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 [a window (if available) and the floor of each room]. 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 [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 rooms, hallways or stairwells selected for sampling shall be selected according to approved documented methodologies. (G)[(F)] 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 (12) 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 [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]. (10)[(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 Cont'd...
|
