(C)the selected units are sampled and evaluated for clearance according to the procedures found in paragraph (8) of this subsection. (11)[(10)] All lead-based paint waste materials from the abatement project must be disposed of in accordance with applicable federal, state, and local requirements. (12)[(11)] 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 [the results ] 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; [and] (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)[(12)] Clearance levels that are appropriate for the purposes of this section are: (A)dust wipes from floors/carpets: <40µg/ft2 [100 micro;g/ft [sup] 2 [/sup]]; (B)dust wipes on window sills: <250µg/ft2 [500 micro;g/ft [sup] 2 [/sup]]; and (C)dust wipes on window troughs (wells): <400µg/ft2 . [800 micro;g/ft [sup] 2 [/sup]; and] [(D)dust wipes from exterior surfaces: 800 micro;g/ft [sup] 2 [/sup].] (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)(No change.) (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)(No change.) (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; and (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; and (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)[(g)] 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."
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on November 27, 2002
TRD-200207929 Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: January 12, 2003
For further information, please call: (512) 458-7236
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