Lead Practice Exam

Circle the best choice. Read all choices before selecting. 1. What is Title X? (Title 10)

A. Residential Lead-Based Paint Hazard Reduction Act. B. Chapter 10 of the HUD Guidelines C. There is no such thing D. OSHA construction standard for lead

2. What is the Objective of Title X?

A. Elimination of lead from all housing. B. Renovating all property with lead paint C. Providing a list of authorized encapsulants D. None of the above.

3. What caused the greatest nationwide reduction in airborne lead concentration?

A. Elimination of lead in gasoline. B. Elimination of lead in drinking water. C. Using copper plumbing D. using crystal goblets

4. What is the greater cause of childhood lead exposure? Choose one answer:

A. Leaded gasoline. B. Lead-based paint C. Drinking water E. Toys

5. What is the acceptable level of lead in drinking water? A. 15 PPB (parts per billion = micrograms of lead per liter). B. 25 PPB (parts per billion = micrograms of lead per liter). C. 35 PPB (parts per billion = micrograms of lead per liter). D. 45 PPB (parts per billion = micrograms of lead per liter).

6. What is the source of the lead in water problem with the four samples below?

First draw sample (500 cc) 100 PPB Second draw sample (500 cc) 10 PPB After five minutes running and the water becomes cold 8 PPB A. The faucet. B. The water supply C. The pipes

D. The water main

7. When were the HUD Guidelines last revised?

A. JUNE 1995 plus chapter 7 was revised in 1997 B. 1992 C. 1999 D. 2012

8. What does HUD mean?

A. Dept of Housing and Urban Development B. Heavy underlayment demolition C. Housing Under Demolition D. Hierarchy unit department

9. What is the CDC?

A. Community Development Corporation B. Centers for Disease Control (NIOSH) C. Common Denominator Correction D. Custom Development Company

10. What is a child?

A. Under 6. B. Under 8 C. Under 9 D. Under 10

11. What is the greatest risk of childhood lead exposure? A. Hand to mouth activities re dust and soil. B. Eating chips C. Drinking water D. Playing with toys

12. What nutrition deficiencies contribute to increased lead being absorbed into the blood? A. Calcium B. Iron C. vitamin c D. a or b above

13. What is an accessible surface?

A. Interior surface that can be reached by children and mouthed or chewed. B. Exterior surface that can be reached by children and mouthed or chewed. C. Surfaces above 5 ft from the ground D. a or b above

14. What is the CDC Intervention level for blood lead in children= toxic level of lead in children?

A. 10 micrograms/deciliter B. 10 mg/ sq. inch C. 10 PPM D. 10 Micrograms per cubic meter

15. What is an elevated blood lead level (EBL) in children?

A. 20 micrograms/deciliter B. 15-19 micrograms/deciliter in two consecutive samples take several months apart. C. 30 micrograms/deciliter D. a and b above

16. When was lead first regulated in residential paint in the US?

A. 1972 B. 1975 C. 1987 D. 1998

17. When was lead banned in residential paint in the US?

A. 1961 B. 1972 C. 1978 D. 1988

18. In the choices below which is the best match between the age of housing vs the likelihood of lead-based paint being present expressed as a % of the houses?

A. <1940 90% B. 1940-1959 80% C. 1960-1979 62% D. All of the above are good matches

19. How is elevated blood lead treated?

A. Chelation. B. Leaches C. Chemotherapy D. None of the above

20. What is the highest lead concentration that might be encountered in paint?

A. 10 % lead B. 20 % lead C. 30 % lead D. 50 % lead

21. What is the main way that children become exposed to lead?

A. Hand to mouth contact with dust or soil. B. Eating paint chips C. Drinking water D. Toys

22. What is the definition of a lead-based paint hazard?

A. More than 3 areas in a house with lead paint B. A condition of paint dust or bare soil that causes exposure C. Living in a house with lead painted siding D. Having 40% lead in the interior trim paint.

23. How are soil samples collected?

A. Use a spoon one inch deep B. Use a syringe C. Use a borer two inches deep and discard the lower inch. D. Use a core sample one inch deep and discard the lower ½ inch.

24. What kind of containers are soil samples placed in? A. Ziploc bag B. Paper bag which is specially lined C. Whirl pac bag D. Hard shell container such as a 50-ml centrifuge tube.

25. What is biggest advantage of lead paint vs non-lead paint? A. Self-priming B. Color fast C. Resists mildew D. Easy cleanup

26. Mullions, apron, and parting beads are components of _____________________

27. Newel posts, balusters and risers are components of ___________________

28. How should vegetables grown in lead contaminated soil be treated?

A. thrown away B. wash and eat C. dispose of as hazardous waste D. avoid touching

Review topics

Note: some of these may be outdated, as they are based on old study guides. Make sure to review updates as they arise, such as the EPA’s new lower dust standards, OSHA’s updates (social security numbers no longer needed for most recordkeeping, new fit testing methods), or HUD grantee guidelines. 1. Properties of lead: prevents corrosion 2. Sources of lead: industry, gas, paint 3. Lead in pure form: gray, metallic heavy soft gray solid. 4. Purpose of lead pigment in paint: color, opacity, texture 5.Lead can be found in food containers, glazing p;ottery, etc 6. lead can be found in varnishes. 7. When were the HUD Guidelines last revised?

E. JUNE 1995 plus chapter 7 was revised in 1997 F. 1992 G. 1999 H. 2012

8. Identify parts of a unit: eg window apron. 9. If a 6x12 inch dust sample was taken, and the lab found 10 micrograms of lead in the

sample, what was the final result in micrograms per sq ft? 10. How does AA work? The flame measures the energy absorbed and converts it into the concentration. 10. If a substrate correction is used for the XRF reading and the substrate correction is 0.4

mg/cm2 and the apparent lead concentration read is 1.6 mg/cm2, what is the corrected lead concentration? 1.2

11. What protection do you need when using a heat gun? A respirator. 12/ If you took 20 lead dust samples, how many blanks are needed? 2 12. When do you calibrate the XRF? At the start of a job, every 4 hours and at the end of the

job. If you shut it off do you need to calibrate again? yes.

Lead Supervisor Regulation Review:

Best advice: Read the OSHA Asbestos Standard 29 CFR 1926.62

1. What is the objective of Title 10? Elimination of lead hazards from housing 2. What is the greatest lead exposure of adults? 3. What is the action level? The PEL? 4. How often is lead personal sampling required? 5. Who is responsible for providing and enforcing PPE use? The supervisor. 6. How long are benefits provided to workers during medical withdrawal? Up to 18 months or as long as the job continues for each removal. 7. What blood level requires medical withdrawal? 50 ug/dl 8. What blood level must be reached before workers can return to lead work? 40 ug/dl 9. PF of half face respirator. 10. What respirator can’t you use above the PEL? a. ½ face NPR with HEPA filter b. PAPR with HEPA filter a. SCBA 11. Initial blood lead level is 12, then 13 then 15 then 19 then 20. What do you do? Observation of work habits, fit testing again, counseling. 12. How often is fit testing required for the lead respirator? 13. What airborne concentration of lead requires protective clothing? 14, If clothing is going to be laundered, what should you do? 15. What is not target housing that was built before 1978? 16. What are HUD clearance levels for floors, sills and troughs? Troughs=wells=stools 17. When do you fit check (seal check) your respirator? 18. Medical: pulmonary function test needed for respirator approval. 19. TCLP testing: stands for? What is the standard for lead? 20. How long do you need to keep medical records? During employment plus 30 years. 21. What is RCRA? 22. How many layers of floor poly? 23. Review Decon units 24. Where do you put critical barriers? Windows ,doors, vents, openings. 25. What does lock out tag out mean? 26. When is the area ready for clearance? 27. How do you clean the work area: ceiling to floor, 28. What do you do when a worker refuses to wear a respirator? 29. Review symptoms of lead poisoning. 30. How long can small quantity generator store waste? 31. When do you evaluate a community relations program? Continuously. Although washing the vegetable, removes most of the lead, except for leafy crops which are hard to wash, there is still a significant amount of lead uptake into the vegetable. The amount of lead uptake increases with acidity of the soil.

What is the limit for a composite dust wipe containing four samples for a floor and a window sill? We believe it is the same as soil, see below. EPA and HUD documents do not specify anything different. For soil, the limit is compared directly to the standard for single surface samples 40, 250, 400 ug/sq. ft for floors, sills and wells respectively. For paint chips the standard is divided by the number of subsamples.

2009 additions to review

Why is fine lead dust more dangerous than paint flakes or chips? Absorbed into the blood more quickly. Where is a soil sample generally not taken? On grass The first draw water sample after not running the tap for 6 hours is 35 PPM, the second, third and fourth draw samples are all 3-5 PPM. What is the source of the lead? The faucet. Which is more corrosive to pipes- hot or cold water? Hot What is the best interim control for damaged LBP stair treads? a. reroute occupants to another stairway b. remove and replace treads c. paint stabilization and hard covering Role of the Risk Assessor: Determines the hazard Child EBL 20 ug / dl How are children often exposed to lead dust? b. inhaling lead dust c. eating lead paint chips d. factory emissions We determine whether waste is hazardous by a PLM XRF TCLP Claims made insurance cover claims ------ Until the insurance expires Made after the insurance policy period All claims for work done during the coverage period even after it expires.

What does chelating mean if it’s mentioned concerning a lead abatement project? A way to remove lbp from surfaces A type of medical test to measure blood lead levels An encapsulating technique A method of removing lead from the body

What are Signs and Symptoms of Lead Poisoning?

Increased blood pressure and flu-like symptoms plus. Neurological symptoms Decreased fertility. Fatigue) Sleep disturbances Dizziness Irritability Nervousness Headache Difficulty in concentrating, Learning disabilities Depression Forgetfulness Hyperactivity (children) Numbness Wrist or foot drop Weakness Clumsiness, Falling Joint and muscle pain Vomiting Nausea Loss of appetite Stomach aches Constipation Metal taste Salivation Anemia Line on the gums

What happens with poor diets?

Increased amount of lead is absorbed into the blood What additional protection is needed with power hand tools?

Hearing protection What is the objective of Title X?

Reducing exposures from lead-based paint hazards.

How does Title X reduce exposures to lead-based paint hazards?

Evaluating hazards by risk assessment and inspections.

Controlling hazards by interim controls and abatement. What is abatement?

Lead-Based Paint abatement is any set of actions that removes the lead hazard permanently such as: removal, replacement, enclosure, encapsulation or covering soil with a durable covering such as cement or asphalt (not sod or grass). (Enclosure or encapsulation are “near permanent”.)

What is interim control?

Interim controls are measures to reduce Lead-Based Paint hazards temporarily. What are the advantages of abatement over interim control?

Long-term solution, at least 20 years Little or no monitoring after the work.

What is the most invasive form of abatement?

Paint removal What samples should be collected before exterior abatement and held for possible future analysis?

Soil. What is NLLAP?

The EPA National Lead Laboratory Accreditation Program What kind of houses is HUD involved with?

Public and Indian housing.

Convert 500 PPM to % Review Conversions and standards now . See section 1 of the manual.

0.05%

Who has the primary responsibility of correcting lead hazards in a dwelling?

Owner. Owners are responsible for providing properties that are lead-safe and surfaces that are cleanable.

Who has the primary responsibility of relocating occupants?

Owner.

Who has the primary responsibility of ordinary house cleaning?

Tenant.

What is the sample size for a paint chip?

Four sq. inches.

Review liabilities

Owner is ultimately responsible but any party vs statutory liabilities- violation can result in fine or jail. Supervisor must be familiar with standards of care, the regulations.

Lead abatement projects must be managed and performed by __________ supervisors and workers.

Certified.

Risk assessors and inspector technicians must be ____________ by EPA or an EPA Authorized state.

Certified.

Laboratories performing lead testing by AA must participate In the __________ program

ELPAT.

ELPAT means ___________

Environmental Lead Proficiency Analytical Testing Program

What is Target Housing?

Target housing (New EPA Regs) means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.

What is a “child occupied facility”? Any site constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week (Sunday through Saturday period) provided that each day’s visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours and the combined annual visits last at least 60 hours. This will include pre-schools and elementary schools.

Houses constructed after __________ are unlikely to have lead hazards 1978,

Match the hazard evaluation Inspection or Risk Assessment with the control method of Abatement or Interim Control:

Risk Assessment- Interim Control Inspection - Abatement

How many square ft of lead-based paint are in the average house built before 1940?

2,000.

How many square ft of lead-based paint are in the average house built from 1940-1959?

1,000.

How many square ft of lead-based paint are in the average house built from 1960-1979?

470.

Is it legal to refuse to rent houses to people with children?

Usually not per Federal Fair Housing Amendments Act and many State laws.

The two OSHA lead standards are:

CFR 29 1926.62 and CFR 29 1910.1025. All OSHA regulations start with 29.

When lead paint is heated above __________ degrees F, lead fumes result.

1100

Before starting renovation, the owner and /or resident must be given __________.

Lead hazard information including a pamphlet

Exterior containment includes covering the ground to a distance of ___________

10-20 ft.

HEPA means ___________

High Efficiency Particulate Air. r HEPA means a filtering system capable of filtering out particles of 0.3 microns or greater diameter from a body of air at 99.97% efficiency or greater

Which practices are prohibited? A. Open flame burning or torching of lead-based paint; B. Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with (HEPA) exhausts. C. Uncontained power washing (hydro blasting). D. heat guns at temperatures above 1100 degrees Fahrenheit. Note: the following methods are not recommended by HUD.

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 2 square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and Methylene chloride.

Residential construction jobs exceeding __________ must have lead-based paint hazards abated.

$25,000

When is ongoing monitoring required? For all houses where lead is known or suspected to be present.

What does ongoing monitoring consist of? Re-evaluations by certified risk assessors or visual surveys conducted by owners.

What does the re-evaluation consist of?

A. Review prior data. B. Visual inspection. C. At least two composite dust wipes, one from floors and one from either sills or wells. No more than four subsamples are allowed in the composite.

Visual surveys consist of __________ For all houses where lead is known or suspected to be present.

When are visual surveys done? Complaints Dwelling turnover. Significant change occurs. At least once per year.

What actions are taken as the result of reevaluation? No lead present from risk assessment plus inspection – None. Results are within standards for clearance – reevaluate in 3 years, continue visual as above.

Results are above standards for clearance but by less than a factor of 10 – Interim controls or abatement . Reevaluate in 1 and 2 years, continue visual as above except if encapsulation is used, do visuals after 1 and 6 months and annually thereafter. Results are above standards for clearance by a factor of 10 or more– Interim controls or abatement . Reevaluate in 6 months and 1 year, continue visual as above except if encapsulation is used, do visuals after 1 and 6 months and annually thereafter. Bare soil exceeds standard of 400 PPM but less than 5000 PPM- interim controls, visual after 3 months and 1 year. Bare soil exceeds standard of 5000 PPM- abatement by paving or removal. Continue annual visual to identify new bare spots. (See table 6.1 in the CD ram for more details.)

When may residents enter the lead work area? Never, unless final testing is completed successfully

When floors are contaminated during setup, should the plastic be placed over the floor? No. Must be precleaned before covering.

When residents remain in the dwelling during abatement what extra testing is needed? Daily dust sampling in the nearest used area.

When partial room work is done (Level 1 or Level 2) cover the floor with poly a distance of _____ ft from the work surface and on all pathways to the work.

five

When exterior work is done cover the ground with poly a distance of _____ ft from the work surface.

ten

When exterior work is done, close windows within _____ ft from the work surface. Twenty

When exterior work is done establish perimeter barriers and remove objects within _____ ft of the work surface.

Twenty

What are the size jobs vs the Level for Interior work? Level 1 Jobs < 2 sq. ft of surface per room one -day duration. Level 2 Jobs 2-10 sq. ft of surface per room one- day duration Level 3 Jobs 2-10 sq. ft of surface per room 5 day duration Level 4 Jobs >10 sq. ft of surface per room no time limit

What are the size jobs vs the Level for Exterior work? Level 1 Jobs < 10 sq. ft of surface per building Level 2 Jobs 10-50 sq. ft of surface per building Level 3 Jobs >50 sq. ft of surface per building

What are the OSHA PEL AND AL for lead in air? PEL (permissible exposure limit) 50 micrograms/ cubic meter (ug/m3) AL (action limit) 30 micrograms/ cubic meter (ug/m3)

How often does OSHA require Biological Monitoring? Initial blood lead and ZPP for employee exposed one day above the AL or any employees who will do task related trigger work. Continuing: When personals are at or above the action level (AL): Blood lead and EP tested for all employees who work 30 days in 12 months in environments above the action level -Every 2 months for the first 6 months and every 6 months thereafter, except 40 ug/dl or higher, testing every two months

What is a toxic blood lead level in workers? 40 ug/dl (micrograms per deciliter

What should the employer do when employee’s blood lead level increases by 10 ug/dl? Investigate exposures, work practices, respirators and personal hygiene practices.

At what blood lead level does OSHA require removal of the worker from lead work? 50 ug/dl (micrograms per deciliter plus follow up blood tests within 2 weeks.

At what blood lead level does OSHA allow return of the worker to work? 40 ug/dl (micrograms per deciliter) on two consecutive tests plus he needs a doctor’s recommendation.

How long are pay and benefits provided during medical withdrawal? Up to 18 months or as long as the job continues for each removal. (Maintain full benefits and seniority as well and the right to return to the former job.)

Category I: What requirement are triggered with lead work even if below the AL? Training Personals Maintain records

Category II: What requirement are triggered above the AL but below the PEL (30 - 50 ug/m3 )?

Same as Category I plus: Provide respirator at employee request Personals every 6 months Blood lead monitoring.

Category III: What requirement are triggered above the PEL (> 50 ug/m3 )? Same as Category II plus: Compliance plan Post signs Enforce respirator and PPE use

Personals every 3 months Enforce housekeeping Provide hygiene facilities and enforce washing.

What are good Hygiene facilities and practices?

a) No food, beverage, tobacco. b) Change areas with storage areas, shower when feasible c) Eating facilities, d) Washing facilities e) Shower when feasible. f) wipe test clean change area for jobs longer than 2 weeks

When do you remove the respirator?

After washing hands.

What is the proposed ACGIH (American Conference of Governmental Industrial Hygienists) blood lead level limit for workers?

20 ug/dl (micrograms per deciliter

Before the job OSHA requires an ___________ Exposure assessment by a competent person

What is a Competent Person? A person trained and capable of identifying existing and predictable lead hazards. This person must have the authority to take measures to eliminate these hazards.

What is the best way to perform an exposure assessment? Personal monitoring of the work. Evaluation of previous monitoring results from prior similar jobs within 12 months.(competent person)

Who is responsible for enforcing PPE use? Supervisor.

What does TWA mean? 8 - hour time weighted average.

If personal sampling results are between 30 and 50 ug/m3 (micrograms per cubic meter for a particular operation, monitoring must be repeated at least every _________ months or until monitoring results for two consecutive weeks are below the AL.

6 months.

If personal sampling results are between above 50 ug/m3 (micrograms per cubic meter for a particular operation, monitoring must be repeated at least every _________ months or until monitoring results for two consecutive weeks are below the AL.

3 months.

Employees must be notified of their monitoring results within _________ days. 5 working days.

What kind of respirator is needed above the PEL? A respirator with a MUL of 500 ug/m3. CLASS 1 TASKS Assume MUL up to 500 ug/m3: (These are task related triggers which require the employer to assume personals are above the PEL until actual monitoring may prove otherwise.) For: Manual demolition of painted surfaces Sanding and scraping Heat gun applications Power tool cleaning when tools have dust collectors Spray painting with lead paint Other tasks suspected to cause exposure over the PEL and <500 ug/m3 Must use at least: 1/2 face negative pressure respirator with HEPA filters or 1/2 face supplied air negative pressure respirator

What is the protection factor of a half face negative pressure respirator? 10

How often are respirator fit tests required? annually

What do you do when a worker refuses to wear his respirator? Send him home.

What do you do when the employees blood lead is gradually rising? Observation of work habits

Counseling Do another fit test

What airborne lead concentration requires PPE? 50 ug/m3 or higher (PEL)

What must be done if work clothing is to be laundered?

Persons who clean or launder protective clothing and equipment must be informed of the potentially harmful effects of exposure to lead by at least labeling the containers of contaminated protective clothing and equipment: Employer must give clean clothes weekly if over the PEL and daily if over 200 ug/m3

Besides the blood lead evaluation, when are medicals otherwise needed? For respirator use evaluation per 1926.134.

Before wearing a respirator and at least once per year thereafter. A. A questionnaire. B. Physical Examination, often includes: C. Pulmonary function test.

Review Standards in Section 1: 0.5%, etc. Clearance standards for window wells sills and floors.

How long does 1926.62 require medical records to be saved? Duration of employment plus 30 years and available to other affected employees.

How long does 1926.62 require other records to be saved? 30 years

Give examples of Engineering work practice controls.

HEPA filtered local exhaust ventilation for devices and abrasive power tools. Using HEPA vacuums instead of dry sweeping Providing adequate ventilation Wet abatement methods, Contained and separate work area: plastic barriers and signs

Give examples of good work practices.

Wet mist painted surfaces before working on them Using washing facilities on site. Use HEPA vacuum Never sweep Daily cleanup Avoid dusty methods

What is RCRA?

RCRA- RESOURCE CONSERVATION AND RECOVERY ACT – DEALS WITH HAZARDOUS WASTE DISPOSAL.

What are the four categories of abatement wastes? Category I: Low lead waste , typically non-hazardous, such as plastic, wash water, etc. Category II: Architectural components doors, windows etc. must be larger than 60 mm (2.5 inches) in one direction. Category III: Concentrated lead waste, typically hazardous, sludges, dust and chips and unfiltered wash water. Category IV: Other waste . Unknown, must be tested.

What is TCLP TCLP (toxicity characteristic leaching procedure)- Evaluate the wastes to determine which types are hazardous under the RCRA and DEP regulations. This evaluation may be done by sampling and TCLP testing of materials as set forth in 40 CFR Part 261 as amended, or by "knowledge of process". Consult the DEP Guidelines of 11/4/94, "Guidance for Management and Disposal of Lead Containing Materials Generated in Lead Abatement, Renovation and Demolition Industries" for further information. EPA RCRA hazardous wastes which fail due to lead content have extractable lead of 5 mg/l according to the test specified in CFR 40 part 261. Other components may need to be included in the TCLP testing. The TCLP test consists of extracting the sample with dilute acid and determining the lead (and other constituents) in the extract. TCLP test is not to be confused with "total lead" which as the name implies determines all the lead. The TCLP only determines the extractable lead

What tests are done via TCLP in lead abatement wastes? For material to be disposed of: Lead and up to 7 other metals plus other specific materials and properties. Following are examples:

1) Note: anything to be recycled does not need to be TCLP tested.

2) Test for TCLP lead and if there is red primer present, test for TCLP chromium. (Possible lead chromate primer.) 3) Ignitability (if solvent based strippers are used) 4) Corrosivity (if caustic strippers are used) 5) Reactivity (Not likely to be needed - see SDS) 6) Toxicity. (Test for specific toxic materials such as methylene chloride if this is used. Consult SDS for contents of the chemicals used.

Can liquids be disposed of as is?

Discharge of liquids into the environment including drains or onto the ground is not permitted unless: (1) The liquids are demonstrated to be non-hazardous waste and (2) Local regulations and permits are complied with

Review SDS’s Consult the SDS and the manufacturer for waste disposal information. SDS lists OSHA Hazardous Properties; RCRA Definition of "Hazardous" is different from the OSHA definitions. Very often, an OSHA hazardous waste is also RCRA hazardous. Ignitable wastes include liquids with flashpoints below 140 degrees, may include solvent-based paint strippers. Corrosive wastes pH of 2 or less or 12.5 or greater (highly acidic or basic) or those that corrode steel at a certain rate. Caustic sludges may have a pH >12.5 and therefore would be Hazardous.

How should wastes be stored?

Waste storage areas must be treated as abatement areas and access restricted. Evaluate the wastes ASAP to determine hazard status. Liquid waste must be solidified. Drums 55-gallon 17H Open Head TSD may have additional requirements Containers must have the appropriate hazard labels in accordance with DEP regulations

6-mil or double 4-mil polyethylene bags used for temporary storage only such as for dirty respirator cartridges, rags, used HEPA filters, etc. These must be repackaged in drums for transport. Segregate hazardous and nonhazardous waste. Also, segregate materials that are to be recycled. Recycled materials do not have to be evaluated as a hazardous wastes. Label each container with description

What materials are likely to be hazardous?

Lead paint chips/ HEPA filters and paint dust from HEPA vacuums and air filters Rags, sponges, mops, and other cleaning materials Air monitoring cartridges Unfiltered wash water Poly and tape where heat guns are used Residue from filtering wash water Sludge/scrapings from stripping paint Building components with > 4mg/cm2 by XRF Soil with > 200 PPM lead Lead window caulk Solvent wastes. Check for lead, ignitability and specific toxic solvents listed by EPA such as methylene chloride. Caustic wastes and rinsing’s

What materials are not likely to be hazardous? Filtered wash water Disposable used suits Respirator filters HEPA vacuumed before disposal Architectural wastes < 4 mg/cm2 measured by XRF Poly and tape HEPA vacuumed before disposal Any material with less than 200 PPM (0.02% lead cannot be hazardous. Thick scrap metal with red lead primer

How are hazardous wastes transported? A licensed TSD (treatment storage and disposal facility) or a licensed transporter Waste should be transported to the disposal facility in covered vehicles.

How long are hazardous wastes records kept? The owner and the abatement contractor must maintain a number of records for three years: Manifests Results of testing of waste Large quantity generator biennial reports

What kinds of protection are needed with Hazardous Wastes? Levels of Protection and Protective Clothing A. Protection Levels (OSHA- 1910.120 App B) 1. General: A. PPE is divided into four categories based on the degree of protection afforded. Level A is the most protective and D the least protective. B. Level A: To be selected when the greatest level of skin, respiratory, and eye protection is required. C. Level B: The highest level of respiratory protection is necessary but a lesser level of skin protection is needed. D. Level C: The concentration(s) and type(s) of airborne substance(s) is known and the criteria for using air purifying respirators are met. e. Level D: A work uniform affording minimal protection: used for nuisance contamination only 2. Level A Protection: A. Should be Used When: 1) The hazardous substance has been identified and requires the highest level of protection for skin, eyes, and the respiratory system based on either the measured (or potential for) high concentration of atmospheric vapors, gases, or particulates; or the site operations and work functions involve a high potential for splash, immersion, or exposure to unexpected vapors, gases, or particulates of materials that are harmful to skin or capable of being absorbed through the skin, 2) Substances with a high degree of hazard to the skin are known or suspected to be present, and skin contact is possible; or 3) Operations must be conducted in confined, poorly ventilated areas, and the absence of conditions requiring Level A have not yet been determined. B. Level A Protection Includes: 1) Positive pressure, full face-piece self-contained breathing apparatus (SCBA), or positive pressure supplied air respirator with escape SCBA, approved by the National Institute for Occupational Safety and Health (NIOSH).

2) Totally-encapsulating chemical-protective suits: a) Must protect employees from the particular hazards which are identified during site characterization and analysis b) Must be capable of maintaining positive air pressure and preventing inward test gas leakage of more than 0.5 percent. (See Appendix A for a test method which may be used to evaluate this requirement.) C. Coveralls (optional) D. Long underwear (optional) e. Gloves, outer, chemical-resistant f. Gloves, inner, chemical-resistant g. Boots, chemical-resistant, steel toe and shank h. Hard hat (under suit) (optional) i. Disposable protective suit, gloves and boots (depending on suit construction, may be worn over totally-encapsulating suit) 3. Protection Level B: A. Level B protection should be used when: 1) The type and atmospheric concentration of substances have been identified and require a high level of respiratory protection, but less skin protection; 2) The atmosphere contains less than 19.5 percent oxygen; or 3) The presence of incompletely identified vapors or gases is indicated by a direct-reading organic vapor detection instrument, but vapors and gases are not suspected of containing high levels of chemicals harmful to skin or capable of being absorbed through the skin. Note: This involves atmospheres with IDLH concentrations of specific substances that present severe inhalation hazards and that do not represent a severe skin hazard; or that do not meet the criteria for use of air-purifying respirators. B. Level B Protection Includes: 1) Positive pressure, full-facepiece self-contained breathing apparatus (SCBA), or positive pressure supplied air respirator with escape SCBA (NIOSH approved). 2) Hooded chemical-resistant clothing (overalls and long-sleeved jacket; coveralls; one or two-piece chemical-splash suit; disposable chemical-resistant overalls). 3) Coveralls (optional) 4) Gloves, outer, chemical-resistant

5) Gloves, inner, chemical-resistant 6) Boots, outer, chemical-resistant steel toe and shank 7) Boot-covers, outer, chemical-resistant (disposable) 8) Hard hat (optional) 9) Face shield (optional) 4. Protection Level C: A. Level C protection should be used when: 1) The atmospheric contaminants, liquid splashes, or other direct contact will not adversely affect or be absorbed through any exposed skin; 2) The types of air contaminants have been identified, concentrations measured, and an air-purifying respirator is available that can remove the contaminants; and 3) All criteria for the use of air-purifying respirators are met. B. Level C Protection Includes: 1) Full-face or half-mask, air purifying respirators (NIOSH approved) 2) Hooded chemical-resistant clothing (overalls; two-piece chemical-splash suit; disposable chemical-resistant overalls) 3) Coveralls (optional) 4) Gloves, outer, chemical-resistant 5) Gloves, inner, chemical-resistant 6) Boots (outer), chemical-resistant steel toe and shank 7) Boot-covers, outer, chemical-resistant (disposable) 8) Hard hat (optional) 9) Escape mask (optional) 10) Face shield (optional) 5. Protection Level D: A. Level D protection should be used when: 1) The atmosphere contains no known hazard; and

2) Work functions preclude splashes, immersion, or the potential for unexpected inhalation of or contact with hazardous levels of any chemicals. Note: As stated before, combinations of personal protective equipment other than those described for Levels A, B, C, and D protection may be more appropriate and may be used to provide the proper level of protection.

B. Level D Protection Includes: 1) Coveralls 2) Gloves (optional) 3) Boots/shoes, chemical-resistant steel toe and shank 4) Boots, outer, chemical-resistant (disposable) 5) Safety glasses or chemical splash goggles 6) Hard hat (optional) 7) Escape mask (optional) 8) Face shield (optional)

What is a conditionally exempt small quantity generator? Generates less than 100 kg of hazardous waste per month. (about 220 pounds) /month at any site

a) Conditionally exempt small quantity generators: No more than 100 kilograms. 1) Must properly evaluate all wastes generated. 2) Must keep records of testing for at least 3 years. 3) Must send all hazardous wastes to a permitted TSD using a permitted transporter. b) Small generators: Obtain a Temporary EPA Identification Number. More than 100 but less than 1000 kilograms per month: Must comply with regulations for accumulation, treatment, storage, and disposal 1) Must comply with 1-3 above. 2) Must get a temporary EPA ID # (203) 424 3372. 3) Keep waste containers in good condition. 4) Keep waste containers closed during storage. 5) Maintain adequate aisle space between containers. 6) Proper labels and fill out dates. 7) DOT approved containers. 8) For liquid wastes, the storage area should be secured, covered, and on an impervious base with secondary containment to contain any releases.

9) For ignitable wastes, store at least 50 ft from the sites' property line and manage to prevent fire or explosion. 10) Weekly inspection and record results in inspection log. 11) Must have emergency coordinator (see page 22 of the DEP guidance booklet). 12) Must notify local fire or police re the location, duration of the project and the type and quantity of hazardous wastes. 13) All employees familiar with proper waste handling and emergency procedures. 14) No storage over 180 days. 15) When done, must remove any remaining hazardous wastes and decontaminate any equipment or surfaces contaminated. How long can a conditionally exempt small quantity generator store hazardous wastes (<100 kg)?

180 days.

What is a small quantity generator?

Generates between 100 and 1000 kg of hazardous waste per month

How long can more than 1000 kg of hazardous wastes be stored?

90 days

How long must waste records be kept? 3 years

What is the community relations process involved with?

Relocation of residents and their belongings.

Community Relations Coordinator Interacts with:- agencies, contractors, Residents, News Media. Community Relations Plan Resident relocation plan Various Issues: A project representative must be on the abatement site as each family is moved to address any areas of concern.

parking complaints belongings stored schedule Community meetings Mailings/flyers Meetings Questionnaire to residents

Staff courtesy

How did the information provided work? How did the relocation plan work? Were contractor, community and resident's needs met?

Which materials are the greatest sources of lead associated with food and drink?

Crystal and pewter Solder joints of tin cans Glazed pottery Plumbing

What is the best method of abatement for intact ceilings and walls? Rigid enclosure with gypsum wallboard (sheetrock) or paneling.

What is the best method of abatement for small intricate parts like balusters? Off-site stripping.

What is the best method of abatement for small intricate parts like balusters? Off-site stripping or replacement.

What is the best way for families of abatement workers protect themselves? Washing, personal hygiene, blood testing of children.

What is the best way for families of abatement workers protect themselves? Washing, personal hygiene.

Abatement techniques Review

Where are criticals placed for lead abatement?

Turn off air heating and conditioning systems and seal air intake and exhaust systems. Seal entrances to abatement area by using two layers of 6-mil polyethylene sheeting (each layer attached to the top of the entrance and opposite side using heavy duty tape).

Where are OSHA Requirements for Class 1 Tasks? 1) Work area separated from non-work area & signs 2) Hygiene facilities a) No food, beverage, tobacco. b) Change areas with storage areas, shower when feasible c) Eating facilities,

d) Washing facilities e) Shower when feasible.

What are EPA Setup Requirements? A. Signs B. Identify work site safety hazards Exposed electrical wires water leakage or damage collapsed or damaged ceilings, walls, floors, stairs etc. Put up warning signs until you repair the hazards. C. Clean and remove anything you can move. Remove: Clean everything off with rags and TSP except finished furniture and other materials that could be damaged. When TSP is used, rinse immediately. Use a HEPA vacuum for the other items. D. Clean, cover and seal the things you cannot move. e. Shut off and seal off ventilation system (HVAC) f. Shut off and lock out electricity. Lockout tagout Shut off at electrical box. Lock the box with a padlock and place a sign on it that says danger do not operate.

g. Put up critical barriers. Poly over air vents, doors, windows and any other openings not used for passage and not being abated. (Note the decon will be at the opening used for passage.) Cover and seal the vents with poly and duct tape. h. Provide airflow for workers (Negative Air Units) i. Seal work areas from non-work areas. Plywood and other construction materials may be needed to block passage from non-work areas. j. Separate "dirty work areas" from the rest of the work area. Demolition, chemical stripping and any other dirty work should be separated. Put up 2 layers of 6 mil poly over the dirty area exit. Avoid tracking and moving debris through cleaner areas k. Set up locked storage space for waste The area must not be accessible to children or animals

What is TSP? High-phosphate detergent Used for wet cleaning At least 5% trisodium phosphate (TSP)

TSP acts as a coagulating agent for the paint. Dust is gathered into balls making final vacuuming more effective. Use eye protection and waterproof gloves. TSP is very irritating to the skin. Change Cleaning Mixture Regularly don’t use 5 gal for more than 1000 sq. ft

What is the sequence for wet cleaning? Work from cleaner areas to dirtier areas: for example From the top down on any surface Do window frames generally before window sills and window wells last. Do center of floor and work toward one wall. Always change the mop or rag when finishing a dirty area Five gallons used to clean no more than 1000 sq. ft of surfaces Lead dust usually falls within six feet of its origin because it is heavy.

What is replacement?

A. Removing Lead-Based Paint parts and installing new lead-free parts. B. Mostly recommended for windows, doors and woodwork painted with Lead-Based Paint. C. Advantages: 1) Less lead dust than paint removal 2) Easier to meet post-abatement test 3) Goes well with renovation and modernization 4) Energy efficiency replacement windows 5) Allows for upgrading of components. 6) No lead residue is left behind on surfaces. 7) Permanent solution D. Disadvantages: 1) Cost is high if not a rehabilitation project. 2) Replacement components may be of lower quality

3) Some dust is generated during removal of the components. 4) Adjacent surfaces may be damaged 5) Can’t use in many cases with historical properties 6) Not used for most walls, ceilings, and floors except in demolition.

What is Enclosure? Covering painted surfaces fastening to the structure beneath such as studs. A. The Following Enclosure materials may be used: 1) Gypsum dry wall, taped to seal 2) Exterior siding, over existing siding caulked tight. 3) Impregnated fiberglass or vinyl or similar rigid plastic 4) Floor overlayment including plywood. 5) Rigid materials including metal and sheet goods B. The following MAY NOT BE USED without prior work to eliminate the lead hazard: 1) Paper wall coverings or 2) Contact paper. What is Encapsulation? 1) Coating the Lead-Based Paint surface with a thick durable sealing material, some systems include a mesh as well. 2) Best used on walls, ceilings, casings, baseboards and similar surfaces in good condition. 3) Permanent cover installed over lead-based surfaces 4) Encapsulant must bind to the substrate and not just the surface 5) Follow the manufacturer's directions for preparation of the surface and application. Factory trained technicians may be required. 6) In addition, you must remove loose paint first, "degloss" (see glossary) the surface and allow to "dry" (see glossary). 7) Can't be used on friction or impact surfaces like window sash edges, jambs and tracks, door edges and floors. 8) If the encapsulant is improperly applied, it can separate from the paint and / or the paint and encapsulant can separate from the surface. This leaves a more costly cleanup and more work than there was in the first place and also creates lead dust. 9) Always do a test patch.

10) Use only approved Encapsulants 11) Advantages of Encapsulation: a) Less lead dust if used over intact paint b) May provide long-term protection. c) Lower initial cost in most cases. 12) Disadvantages of Encapsulation: a) Not good for moving parts such as windows or surfaces subject to impact, wear and abrasion. b) Periodic inspection. c) May require routine maintenance. d) Documentation needed because it is still there. e) Must be dealt with in future renovation or demolition. f) Possible interference with future XRF readings. g) Renovation or repair work to the enclosure materials will disturb the lead paint which can release lead dust

What is the patch test size after test encapsulation?

6x6 inches, prepare surfaces at least 2 inches larger in each direction for the test. 3x3 inches for fiber reinforced encapsulants

What are the 3 types of encapsulants and which one requires the least skill to apply? Non-reinforced liquid coatings- least skill Reinforced liquid coatings Rigid materials adhered with an adhesive.

What is the working temperature range for water-based coatings? 40-95 degrees F

What is the thickness of a layer of paint compared to an elastomeric encapsulant? 1-2 mils vs 10-20 mils (a mil is one thousandth of an inch)

The best wall for a patch test is __________. Outer wall.

What is Paint Removal? Stripping the lead from the surfaces of components; taking off Lead-Based Paint. Advantages of Removal: 1) Allows restoration. 2) Permanent solution for abated surfaces Disadvantages of Removal: 1) Dust likely 2) Usually more expensive preparatory and disposal costs 3) Liability of disposal a potential factor. 4) Creates a lot of dust and waste. Off-Site Paint Removal Stripping at a professional paint stripping operation. g. On-Site Paint Removal 1) Disadvantages On-Site a) Dust and chemical hazard b) Disposal costs c) Labor intensive. d) Solvent-based chemical strippers are flammable and have toxic vapors. e) Heat guns potential fire hazard toxic fumes f) Corrosive caustic strippers skin and eye injuries no good for aluminum- dissolves the aluminum. softens wood

What is Often the highest source of lead in a house.? Windows: Put up extra poly from under the sill to the floor and extend out at least 5 ft (for interior or exterior window work)

Window abatement is a good choice because: They cause lead dust Children like to play at windows Old windows are expensive to maintain New windows save energy New windows increase property value If you must keep the old sashes, you can: a) Remove the sashes and have them stripped off site; clean, reglue, refinish and paint them before reinstalling. b) Replace the stops and the parting bead. c) Enclose or chemically strip the jamb. d) Replace the casing and the apron e) Replace the old stool (inside sill) or enclose it. f) Enclose the outside of the window with wood.

What is the maximum temperature allowed of heat guns? 1100 degrees F

What are the hazards associated with chemical removal? Consult with an industrial hygienist and review the SDS as to respirator, personal equipment, fire protection and ventilation needed. Ask industrial hygienist to review other chemical hazards including toxic vapors Special training is required for safe handling. Carefully read the SDS and the label. Both flammable solvents and toxic solvents require extra ventilation. Solvent type strippers 1) Potential fire hazard from flammable or combustible vapors. Use extra fire protection. Use no ignition source type space heaters near solvents. If necessary, apply heat from outside the containment using air transport. See also Section 8. 2) Both flammable solvents and toxic solvents require extra ventilation. 3) Negative air should always be included in the setup. Ventilation must be exhausted outside. Select ventilation exhaust locations carefully to avoid exposing bystanders. 4) Use a PAPR with a combination HEPA filter and an organic vapor cartridge. 5) Use no flammable liquids or solids 6) Use no combustible liquids or solids except in very controlled conditions. 6) Don't overdry: Use of a plastic covering may be desirable

7) Avoid Methylene chloride Toxic substance. In addition to inhalation, methylene chloride is readily absorbed by the skin to potentially cause harmful effects internally. Eye contact hazard. Supplied air respirators are recommended because filters for organics do not protect against this hazard. h. Clean up according to manufacturer’s directions, Residual stripper will cause paint applied over it to fail.

D. Caustic Based Application: 1) Hazards including washings and dirty tools: Extreme care must be taken to prevent skin and especially eye contact. Face shields and protective rubber or polyethylene gloves are needed. Special training is required for safe handling. Carefully read the SDS and the label. 2) Avoid overdrying to a dusty condition 3) Caustics are not recommended for use on aluminum; they will dissolve it. 4) Wastes: caustic chemicals create large quantities of liquid waste which must be TCLP evaluated for alkalinity 5) Residue cleanup: no visible residue and wash any caustic residues to manufacturer's specifications. 6) Caustic may swell and soften wood and lead to permanent damage. e. Use materials compatible with the substrates. Chemical paint removal methods work best on metal substrates, except caustic on aluminum.

For federally funded jobs, you must find out if the site is listed in the ________.

National Register of Historic Places (Check with state SHPO (State Historic Preservation Office.)

What methods are generally not used on surfaces to be preserved in historic buildings? Abrasive methods.

What is calcimine? An old type water-based paint which is very hard to strip.

What is compo? A simulated wood which is really plaster. It is found in casework.

What is a PAPR?

Powered Air Purifying Respirator If you work above the PEL, employer must give you if you request it.

What does a needle gun work on? Metal and masonry

What is a pry pad used for? Removing trim to protect surfaces

When should new parts be brought onto the replacement job? After dust cleanup

What is an x-cut test? Test of paint or encapsulant adhesion.

What is the length of the cut in an x-cut test? 1.5 - 2 inches

How are doors usually abated? Replace door

What is the best way to abate kitchen cabinets? Replace

What is the best way to abate railings? Replace or off-site stripping

When getting ready to encapsulate lead-based paint walls label them every ________ feet in all directions.

2 ft

What are extension rings used for? Extending electrical boxes and switches on walls to be enclosed.

The main difference between encapsulation and enclosure is _________? Encapsulants adhere to the existing surface; enclosures are mechanically attached, anchored to the studs or joists or other base. Tile block glued onto walls is encapsulation, for example.

What is the best way to abate kitchen doors?

Door stop can be replaced or stripped Jamb is best to strip Casings are difficult to remove so they might better be stripped. Taking out casing might damage the wall. If casings are replaced, new casings must be wide enough to cover any damage. If the door must be preserved then chemical stripping on or off-site or a HEPA needle gun can be used. It is best to take the door down to work on it. A needle gun works well on metal doors.

How is woodwork usually abated?

1) Replacement or stripping 2) Encapsulation may be used if the paint is in good shape.

What is a hat channel? Furring strips installed on a ceiling used to attach enclosure materials such as sheetrock.

What is vacuum blasting? Simply any abrasive method using a HEPA vacuum attachment.

What chemical is often used to neutralize surfaces after caustic removal? Acetic acid.

For a soil hazard to exist, at least _________ sq. ft of yard or building perimeter must exceed 2000 PPM lead or any size area of 400 PPM or greater in a play area?

9

What soil lead concentration is __________ PPM abatement is needed (with durable covering or excavation to 6 inches?

5000

For replacement soil, the maximum allowed lead concentration is __________? 200 PPM.

Replacement soil should be ______ inches above grade of the original soil to allow for settling 2

Note: For site control see the appropriate level of preparation below.

What is the difference among the following concentration values? 5000 parts per million PPM 5000 micrograms per gram ug/g 5000 milligrams per kilogram mg/kg 0.5%

They are different ways of expressing the same concentration.

How are walls and ceilings usually abated? Walls: 1) Enclosure for plaster walls. 2) Encapsulation. 3) Usually demolition for Lead-Based Paint sheetrock walls or in some cases they can be sheetrocked or paneled over in a similar manner to plaster walls. Demolition is the method of choice if other modernization work is to be done, such as changing room layout, installing electrical and mechanical systems, and the like. It is very messy work and requires the greatest attention to containment and negative air. Both the sheetrock and plaster must be checked for asbestos by a licensed asbestos inspector. 4) Remember to seal all cracks very well since lead paint deteriorates more quickly in an enclosure and dust is sure to be generated. Caulk the enclosure material at the bottom Back caulk and nail the baseboard in place Back caulk, bottom caulk and nail the shoe molding in place. The shoe molding is the strip at the bottom of the baseboard which rests on the floor. Seal the seams and other edges Back caulk all the seams that aren't taped and spackled. Use a high quality adhesive caulk. Use a J channel where drywall meets a finished surface. A J channel is a metal strip you attach to the rough edge of drywall to make a finished edge. Caulk the outside edge so it seals with the finished surface. Screw the drywall in place.

e. Ceilings:

When ceilings and walls are to be done, do the ceilings first. 1) Enclosure of plaster or drywall ceilings is the method of choice besides demolition as discussed above. 2) A drop ceiling is not an enclosure 3) New enclosure must be attached to the ceiling beams- called "joists". Locate the joists using a drywall dagger (pointed saw). Mark the ceiling joist locations on a nearby wall since you won't see the ceiling marks when installing new sheetrock.

Screw the new drywall on the joists and finish as above for walls.

How are floors usually abated? 1) Abate floors last after windows, ceilings and walls. 2) TSP clean the floor to remove lead dust 3) Install a subfloor (unless the finish floor is to be tongue and groove). 4) Use at least one half inch thick plywood or tempered underlayment. Do not use Masonite. 5) Back caulk the edges especially the borders and nail it down. 6) HEPA vacuum the floor and all cracks. 7) Fill large cracks with a filler that won't turn brittle or break. 8) Install the finished floor.

How are carpets usually abated? g. Carpet Removal: 1) Treat as a Class 1 task since carpet stores much lead dust. (As already mentioned, Carpet cleaning is a long shot since lead is very difficult to remove.) 2) Dampen the rug before removal and roll up carefully with the pile inside. 3) Wrap in 6 mill poly and seal with duct tape. 4) HEPA vacuum the area and wash with a TSP solution.

How are stairs usually abated?

Wait to abate them until passage up the stairs is minimal and all heavy abatement is done. Protecting stairwells causes a slip and fall hazard unless very carefully planned. 1) Stringers and newels: Can't replace without replacing the entire stairs. Best to strip or use an encapsulant that will take impact. 2) Railings: The rail is a high friction area and is best stripped or replaced. If encapsulation is selected for the inaccessible areas, the accessible areas could be first stripped. 3) Balusters: If the railing is being replaced, it is best to dip strip off site or replace. Encapsulation is a good choice for balusters. 4) Treads and Risers: Enclosure works well. Use a rubber tread with a high friction metal nosing on the tread and a very thin plywood snugly fit for the riser. Back caulk and screw in all these parts.

5) Other Options: For restoration, a combination of disassembly and stripping. The entire rail system can also be enclosed with plywood capped with a wooden rail.

How are porches usually abated? Wooden porches with Lead-Based Paint are serious lead hazards because: Surfaces get worn down from weather changes Children spend a lot of time there Railings are the right height for kids to put their mouths on. 1) Porch floors: Replace or enclose. Use treated planks, treated tongue-and-groove or exterior or marine grade plywood. Make sure the floor slants down away from the house to allow for proper drainage. 2) Balusters: Strip on site or encapsulate. Replace if in poor condition. 3) Rails: Replace, strip or wet plane. 4) Structural Columns: Strip, encapsulate or wet scrape. 5) Lattice: Replace. 6) Ceiling: Enclose with exterior grade plywood. Remember to back caulk the perimeter.

How is exterior siding usually abated?

Outside Siding, Brick or Cement: Dust falling from siding creates soil contamination and a serious lead hazard because: Children play around the foundation Children may eat about a teaspoon of dirt a day in playing in the soil because of hand to mouth contact and get quickly get elevated blood lead levels. 1) Test soil before and after the work: If soil is contaminated, it will need abatement. It is best to wait until after the siding work to abate the soil. See Section K below on soil abatement. 2) Abatement Choices: Wet scrape any loose material. Enclose with New Siding such as aluminum or vinyl: This is the method of choice. Make sure to add and seal parting strips at the bottom to trap any dust that falls. For painted masonry walls, it will be necessary to fir out the wall to attach the siding. Limited wall areas would be best to strip. Wood siding can also be replaced rather than covering. Be sure to include cellar windows which can be stripped or replaced depending on their condition.

How often is cleanup done on an abatement project? 2. Ongoing Cleanup Daily: A. Police debris and droppings constantly through the job. Wet sweeping or shovels may be used if HEPA vacuums cannot be used for a particular cleanup item such as wet sludge. Pick up remaining debris and HEPA vacuum at the end of each workday after active abatement has ceased. B. Monitor the containment. Holes and rips patched C. Package wastes promptly and move them out of the area to the waste storage area. (See Section M below) d) Wet mop the floor. Bag and label small debris. Never dry sweep. e) HEPA vacuum all surfaces in the work area including plastic coverings. 3. Cleaning Strategy: A. Start with the ceilings and work down to the floors. First wet clean Let dry HEPA vacuum Wash with TSP: B. Items Ceilings Walls Floors Windows (sash, sill, well) Doors Fixtures Built-in cabinets Appliances C. All rooms except for rooms: Free of lead-paint and dust before the work Which were properly sealed Which were never entered during the process

How is preparation for final clearance done? Preliminary Clean-up before Occupancy Testing A. Clean and remove wrapped and sealed waste containers and equipment from the work area. B. HEPA vacuum the containment area C. Remove the containment except for critical barriers. 1) Start with upper-level plastic. Mist the plastic to hold down dust. Carefully remove the polyethylene containment by folding the plastic upon itself to trap all dust. 2) Before removal of floor plastic, HEPA vacuum and fold carefully from the corners/ends to the middle. Place into waste container for proper disposal. D. After the polyethylene covering is removed, the abatement area is HEPA vacuumed and then washed with TSP detergent. e. Make a visual Inspection. Be very thorough. Use flashlight and ensure no dust. Failure to clean properly is certain to result in costly test failure. f. Painting/Sealing is not done until after final reoccupancy testing and surfaces are clean and dry. Final Clean-up: A. No sooner than one hour twenty-four (24) hours after active abatement has ceased. B. HEPA vacuum the abatement area C. Wash with TSP detergent D. HEPA vacuum again. Final clearance testing: Before Occupancy

How is final clearance done? (EPA-HUD rules)

FINAL CLEARANCE (OCCUPANCY) TESTING Done by licensed or accredited inspector or inspector/risk assessor EPA as of January 6, 2020 Floors: 10 micrograms lead per square foot Window sills: 100 micrograms lead per square foot Window wells: 400 micrograms lead per square foot (no change) HUD lead grantees Floors 10, Sills 100, Wells 100, Exterior porches 40

DPH/HUD (EPA until 1/6/2020) Floors 10 Sills 250 Wells 400

When is the area ready for final clearance? 1) Visual inspection. No deteriorated surfaces or visible amounts of dust, debris or residue. 2) Clearance sampling for lead-contaminated dust conducted no sooner than 1 hour and no later than 24 hours after completion of final post abatement clean-up.

How many final clearance dust wipes fail? 30% on floors, 25% on sills and 45% fail on window wells (troughs)

What % of the dust do you think is removed by a single HEPA vacuum pass? 55%; 80% after the second pass; 85% after 14 passes. This is why it is important to use TSP to coagulate the dust and use two HEPA passes at each cleaning.

Is air sampling of lead used for clearance? No, because lead dust settles quickly, and only dust tests are used.

Should the inspector’s final visual be done before painting or after painting? Before

If 35,000 ug / sq. ft of lead remained in wood after stripping and it was repainted, what % lead would be in the new paint applied?

0.5% lead

Most of the dust generated during abatement is less than ________ microns in size. 50

What may not be used for lead wipe tests? Whatman paper or thick baby wipes.

What kind of container is used for collecting lead wipe samples? Hard shell container such as a 50-ml centrifuge tube.

How many soil samples are usually collected for a final? 1 Composite sample on each side of the drip line and one composite sample in any play area

What are clearance limits for soil samples?

2000 PPM in the yard, 400 PPM in bare soil play areas

What are EPA limits for ambient air samples at the perimeter? a) Ambient air samples at perimeter below 15 ug/m3 lead for any 30 minute period. below 1.5 ug/m3 lead average for any calendar quarter. f. Lead Dusts in Air Observed from various Operations

What are typical lead concentrations in air from lead construction work? Type of Job Lead Worker Exposure (ug/m3) Blasting/Bridge 1,070-10,400 Blasting/Boiler 640- 1,400 Blasting/Bridge 3,690-29,400 Riveting/Bolting 1- 189 Burning/ Power Plant 2,100-22,400 Burning/Cutting Industrial Demo 21,330 Disc Sanding Ship Overhaul 6- 1,570 Blasting/Bridge 3,690-29,400 Rivet Busting Bridge overhaul 18- 3,653 Power tool cleaning 80- 790

How are personal air samples for lead collected? 1. General: Demonstrate compliance with the PEL of 50 ug/m3 NIOSH Method 7082. Employees Must have results from employer within 5 days. 2. Lab Information Needed: Employee name and social security number Date of collection Flow rate Start and end time or total minutes Job activity during sampling Location of the work area Mask type 3. Pump Calibration: Soap bubble meter done by the laboratory Ball rotometer used in the field to check actual flow 4. Coverage of Workers: No number specified, should include the worst case HUD says one in 20 similar dwellings in a project. OSHA says cover each type of work operation or the worst case. 5. Sampling Conditions: Flow rate of 1 - 2.5 liters per minute Cellulose ester membrane filters with 0.8 micron porosity are used 37 mm diameter CLEAR 3 PIECE filters are used, closed face. Samples not collected open face ; ONLY plugs removed from the cassette. Recharging of pumps 8-hour, time-weighted concentration. Change filters to prevent overloading in heavy dust areas. 6. Calculation of Exposure: Do on board

HUD Interior Worksite Preparation (not including windows): General: No children allowed in any room where there is plastic sheeting because of suffocation hazard. Level 1 Jobs Interim controls, abatement or dust cleanup < 2 sq. ft of surface per room Time Limit per Dwelling: 1 day Resident location: can stay in dwelling but outside work area. Provide lead-safe passage to bath and entries. Provide at least one living area. Containment: one layer of poly on floor 5 ft beyond the work and warning tape or other low barrier to limit access. Warning signs: at entry to room but not on building Ventilation system: turn off for the dwelling and cover any vents within 5 ft of the work. Furniture: Cover with one layer of poly if within 5 ft of the work, except do not cover if the only work to be done is dust cleanup. Cleanup: HEPA vacuum and wet wash all surfaces within 5 ft of the surface being worked on and all pathways to the work. Remove debris to a locked area outside the dwelling. Dust sampling: clearance Level 2 Jobs Interim controls, abatement or dust cleanup 2-10 sq. ft of surface per room Time Limit per Dwelling: 1 day Resident location: Same as level 1. can stay in dwelling but outside work area. Provide lead-safe passage to bath and entries. Provide at least one living area. Containment: 2 layers of poly on entire floor; curtained doorways on all entries; doors sealed unless locked from inside the work area. 5 ft beyond the work and warning tape or other low barrier to limit access. Warning signs: Same as level 1, at entry to room but not on building Ventilation system: Turn off for the dwelling and cover any vents within the room. Furniture: Remove from work area. If not moveable, cover with one layer of poly. Cleanup: HEPA vacuum and wet wash all surfaces in the room being worked on and all pathways to the work. Remove debris to a locked area outside the dwelling. Dust sampling: clearance

Level 3 Jobs Interim controls, abatement or dust cleanup 2-10 sq. ft of surface per room Time Limit per Dwelling: 5 days Resident location: Outside the dwelling but return at night after cleanup is completed. Upon return: provide lead-safe passage to bath and entries plus at least one living area. Alternatively, residents can leave until all work is completed. Containment: 2 layers of poly on entire floor; curtained doorways on all entries; doors sealed unless locked from inside the work area. Doors/overnight barriers to work area locked or secured to prevent entry. Warning signs: Same as level 1, at entry to room but not on building Ventilation system: Same as level 2. Turn off for the dwelling and cover any vents within the

room. Furniture: Same as level 2. Remove from work area. If not moveable, cover with one layer of poly. Cleanup: Remove top layer of poly from floor and discard. Keep bottom layer for next day. HEPA vacuum and wet wash all surfaces in the room being worked on and all pathways to the work. Remove debris to a locked area outside the dwelling. Dust sampling: One dust sample collected outside work area every few jobs plus clearance Level 4 Jobs Interim controls, abatement or dust cleanup >10 sq. ft of surface per room Time Limit per Dwelling: Longer jobs, time unspecified Resident location: Outside the dwelling until all work is completed. Containment: 2 layers of poly on entire floor; curtained doorways on all entries to the work area, but not needed between rooms in the work area. Doors sealed unless locked from inside the work area. Warning signs: On building entryways. Ventilation system: Same as level 2. Turn off for the dwelling and cover any vents within the

room. Furniture: Same as level 2. Remove from work area. If not moveable, cover with one layer of poly. Cleanup: HEPA vacuum and wet wash all surfaces. Remove debris to a locked area outside the dwelling. Dust sampling: Clearance

HUD Exterior Worksite Preparation (not including windows): Level 1 Exterior Jobs Interim controls or abatement < 10 sq. ft of exterior painted surface per dwelling Time Limit per Dwelling: 1 day Resident location: can stay in dwelling but outside work area. Provide lead-safe passage to entries. Alternatively, residents can leave until all work is completed. Containment: one layer of poly on ground 10 ft beyond the perimeter of work surfaces. Do not rest ladders on the poly but puncture the poly to anchor ladders securely to the ground. Protect poly with boards to prevent puncture from falling objects, walking, etc. Raise edges of poly to create a basin to prevent contaminated runoff in the event of unexpected precipitation. Secure poly to side of building with tape or other fasteners. Leave no gaps between poly and building. Weight all plastic sheets down with two by fours or similar objects. Keep all windows within 20 ft of workings surfaces closed, including windows of adjacent structures. Playground toys and sandbox: Remove all movable objects within 20 ft of working surfaces and seal other items with taped poly. Security: Erect temporary fencing or barrier tape at a 20 ft perimeter around working surfaces (or less if nearby buildings are less than 20 ft. If an entryway is within 10 ft of working surfaces, require use of an alternate entry. If practical, install vertical containment to prevent exposure. Use a locked dumpster, covered truck, or locked room to store debris before disposal. Signs: Post warning signs on the building and at a 20 ft perimeter around building (or less if distance to next building is less than 20 ft). Cover with one layer of poly if within 5 ft of the work, except do not cover if the only work to be done is dust cleanup. Weather: Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. Cleanup: See Chapter 14. Do not leave debris or plastic out overnight if work is not completed. Keep all debris in secured area until final disposal. Porches: Provide one lead-safe entry way must be made available to residents at all times. Do no treat front and rear porches at the same time if there is not a third doorway. Level 2 Exterior Jobs Interim controls or abatement disturbing 10-50 sq. ft of exterior painted surface or soil per dwelling Time Limit per Dwelling: none Resident location: Relocate during work day but can return after daily cleanup. Containment: Same as Level 1. One layer of poly on ground 10 ft beyond the perimeter of work surfaces. Do not rest ladders on the poly but puncture the poly to anchor ladders securely to the ground. Protect poly with boards to prevent puncture from falling objects, walking, etc. Raise edges of poly to create a basin to prevent contaminated runoff in the event of unexpected precipitation. Secure poly to side of building with tape or other fasteners.

Leave no gaps between poly and building. Weight all plastic sheets down with two by fours or similar objects. Keep all windows within 20 ft of workings surfaces closed, including windows of adjacent structures. Playground toys and sandbox: Same as Level 1. Remove all movable objects within 20 ft of working surfaces and seal other items with taped poly. Security: Same as Level 1. Erect temporary fencing or barrier tape at a 20 ft perimeter around working surfaces (or less if nearby buildings are less than 20 ft. If an entryway is within 10 ft of working surfaces, require use of an alternate entry. If practical, install vertical containment to prevent exposure. Use a locked dumpster, covered truck, or locked room to store debris before disposal. Signs: Same as Level 1. Post warning signs on the building and at a 20 ft perimeter around building (or less if distance to next building is less than 20 ft). Cover with one layer of poly if within 5 ft of the work, except do not cover if the only work to be done is dust cleanup. Weather: Same as Level 1. Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. Cleanup: Same as Level 1. See Chapter 14. Do not leave debris or plastic out overnight if work is not completed. Keep all debris in secured area until final disposal. Porches: Front and rear porches may be treated at the same time unless unprotected workers must use the entryway. Level 3 Exterior Jobs Interim controls or abatement disturbing more than 50 sq. ft of exterior painted surface or soil per dwelling Time Limit per Dwelling: none Resident location: Relocate during entire project until final clearance. Containment: Same as Level 1. One layer of poly on ground 10 ft beyond the perimeter of work surfaces. Do not rest ladders on the poly but puncture the poly to anchor ladders securely to the ground. Protect poly with boards to prevent puncture from falling objects, walking, etc. Raise edges of poly to create a basin to prevent contaminated runoff in the event of unexpected precipitation. Secure poly to side of building with tape or other fasteners. Leave no gaps between poly and building. Weight all plastic sheets down with two by fours or similar objects. Keep all windows within 20 ft of workings surfaces closed, including windows of adjacent structures. Playground toys and sandbox: Same as Level 1. Remove all movable objects within 20 ft of working surfaces and seal other items with taped poly. Security: Same as Level 1. Erect temporary fencing or barrier tape at a 20 ft perimeter around working surfaces (or less if nearby buildings are less than 20 ft. If an entryway is within 10 ft of working surfaces, require use of an alternate entry. If practical, install vertical containment to prevent exposure. Use a locked dumpster, covered truck, or locked room to store debris before disposal.

Signs: Same as Level 1. Post warning signs on the building and at a 20 ft perimeter around building (or less if distance to next building is less than 20 ft). Cover with one layer of poly if within 5 ft of the work, except do not cover if the only work to be done is dust cleanup. Weather: Same as Level 1. Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. Cleanup: Same as Level 1. See Chapter 14. Do not leave debris or plastic out overnight if work is not completed. Keep all debris in secured area until final disposal. Porches: Same as Level 2. Front and rear porches may be treated at the same time unless unprotected workers must use the entryway. HUD Window Treatment or Replacement Worksite Preparation: Appropriate Application: Any window treatment or replacement. Resident location: can stay in dwelling but outside work area. Provide lead-safe passage to bath and entries. Alternatively, can leave for the duration of the job. Time Limit per Dwelling: 1 day Containment: one layer of poly on ground or floor 5 ft beyond the work. Two layers of poly taped to the interior wall over window for outside work on the windows. Two layers of poly taped to the exterior wall over window for inside work on the windows. If working on the inside, go to Level 2 preparation. No children allowed in any room where there is plastic sheeting because of suffocation hazard. For outside work, do not rest ladders on the poly, but puncture the poly to anchor ladders securely to the ground. Protect poly with boards to prevent puncture from falling objects, walking, etc. Raise edges of poly to create a basin to prevent contaminated runoff in the event of unexpected precipitation. Secure poly to side of building with tape or other fasteners. Leave no gaps between poly and building. Weight all plastic sheets down with two by fours or similar objects. Keep all windows within 20 ft of working surfaces closed, including windows of adjacent structures. Warning signs: Post warning signs on building and at a 20-ft perimeter around building or less if another building is within 20 ft. If window is to be removed from inside, no exterior warning sign is needed. Security: Erect temporary fencing or barrier tape at a 20 ft perimeter around working surfaces (or less if nearby buildings are less than 20 ft. Use a locked dumpster, covered truck, or locked room to store debris before disposal. Weather: Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. Playground toys and sandbox: Remove all movable objects within 20 ft of working surfaces and seal other items with taped poly. Cleaning: If working from inside, HEPA vacuum, wet wash and HEPA vacuum all interior surfaces within 10 ft of work area in all directions. If working from the outside, no cleaning of the interior is needed, unless the containment is breached. Similarly, no cleaning is needed on the exterior if all work is done on the interior and the containment is no breached. If

containment is breached, then cleaning on both sides of the window should be performed. No debris or poly should be left out overnight if work is not completed. All debris must be kept in a secure are until final disposal. Ventilation system: turn off for the dwelling and cover any vents within 5 ft of the work. Furniture: Cover with one layer of poly if within 5 ft of the work, except do not cover if the only work to be done is dust cleanup. Cleanup: HEPA vacuum and wet wash all surfaces within five ft of the surface being worked on and all pathways to the work. Remove debris to a locked area outside the dwelling. Dust sampling: clearance

LOOK UP LEAD HAZARD CONTROL PLAN FOR RISK ASSESSOR, DO WORK ON INTERIM CONTROLS; REVIEW CHAPTER 11 OF THE HUD GUIDELINES.

LEAD INSPECTOR REVIEW SUPPLEMENT

What is the symbol for lead? Pb

What is lead? A heavy metal

What percent of a child’s blood lead is expected to come from drinking water? 10%

In drinking water, what is the most common source of residential lead contamination? Pipes Review drawings with components: Balusters (vertical pieces between the railing and the treads) , treads, risers, newels (vertical support at the end of the railing usually resting on the tread, stringers (are what the stair treads rest on and they are often confused with baseboards, aprons (lower board under the exterior window), mullions (vertical piece between window sections) , muntins (vertical, horizontal or diagonal pieces which hold the window glass in place) etc.

Why sample at the dripline? Deteriorated paint from the exterior falls there.

Number of units to test in multifamily dwellings: Refer to Table 7.3 in the Hud Guidelines in the CD Rom. It is impossible for most people to memorize this table. Some rules of thumb are: Pre-1960 (old) housing will be testing more than for 1960-1977(newer) housing. 1-9 units test all. 10-13 units test all of the old stuff or 10 of the newer ones. AT about 50 units or so test about 30 of the older and 25 of the newer. AT about 100 units or so test about 45 of the older and 25 of the newer units. 200-1000 units test from 50-57 units of the older and 27-28 units of the newer above 1000 units, test 5.8 % of the older and 2.9% of the newer, round off to the higher number. The number of common areas to test should be taken from Table 7.3.

What size water sample for tap water? 500 ml (same as 500 cc) (same as ½ liter)

For a 4 square inch final clearance wipe sample on a window sill, the lab found 100 micrograms of lead. How many micrograms are there per square ft and does it pass the criterion for reoccupancy?

First of all, there are 144 sq. inches in a sq. ft. Therefore, the sample was 1/36 of a sq. ft. Multiply the lab result by 36 = 3,600 micrograms per sq. foot. Passing for a window sill is 500 micrograms per sq. ft, therefore the sill fails. PS don’t ever take a sample this small. You must take a minimum of 0.1 sq. ft for a wipe sample.

Which is more accurate, XRF or lab methods such as AA? The lab methods are considered to be more accurate.

How do you determine if units are “similar”? Built at the same time with similar painting histories.

Where to take dust samples in a home with a child? Always includes the child’s bedroom

How often must you change rubber gloves when wipe sampling? After each wipe.

What is the purpose of the field blank wipe? Determine if there is any lead contamination introduced by the techniques or the wipes

Review Properties and purpose of lead and pigments and lead paint and sources of Lead. Where lead can be found.

Glazing, pottery food containers varnishes.

Review testing combinations, common areas, and components. Label samples first, minimize the amount of substrate with paint chips. Review the lab methods. The flame measures the absorbed energy and coverts it to a concentration. Know how to correct for substrate. Know the difference between K shells and L shells in XRF readings. Review transportation practices for XRFs include airplanes. When taking soil composite samples do not mix layers for example do not mix top soil with soil 2 inches deep. Review Liability issues. Children’s symptoms of lead poisoning. Review calibration procedures for XRF: 3 at start, 3 after four hours and 3 at the end or any time you shut it off. Know requirements for wipe blanks the greater of 2 or 10%. What are the risks of sampling with heat guns and what PPE is needed? What are the advantages of XRF?

HUD CHAPTER 7 REVIEW STARTS HERE:

HUD Guidelines: Chapter 7 1997 Revision U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. What will a lead-based paint inspection determine? Whether lead-based paint is present in a house, dwelling unit, residential building, or housing development, including common areas and exterior surfaces; and ;If present, which building components contain lead-based paint. Who May do a lead-based paint inspection? a certified (licensed) lead-based paint inspector or risk assessor. What are the standards for lead in paint? XRF 1.0 mg/cm or LAB 0.5% by weight For XRF how do the standards vary among different instruments? According to the XRF Performance Characteristic Sheet used in the inspection. It will specify the ranges where XRF results are positive, negative or inconclusive, the calibration check tolerances, and other important information. How are the XRF’s calibration checked? Take at least three calibration check readings before beginning the inspection. Additional calibration check readings should be made every 4 hours or after inspection work has been completed for the day, or according to the manufacturer's instructions, whichever is most frequent. Calibration checks should always be done before the instrument is turned off and again after it has been warmed up (calibration checks do not need to be done each time an instrument enters an automatic state while still powered on). For multifamily housing, how may units be grouped? Similarity of construction materials and common painting histories. What is a room equivalent? Room equivalent. - A room equivalent is an identifiable part of a residence, such as a room, a house exterior, a foyer, staircase, hallway, or an exterior area (exterior areas contain items such as play areas, painted swing sets, painted sandboxes, etc. ). Closets or other similar areas adjoining rooms should not be considered as separate room equivalents unless they are obviously dissimilar from the adjoining room equivalent. Most closets are not separate room equivalents. Exteriors should be included in all inspections. An individual side of an exterior is not considered to be a separate room equivalent, unless there is visual or other evidence that its paint history is different from that of the other sides. All sides of a building (typically two for

row houses or four for freestanding houses) are generally treated as a single room equivalent if the paint history appears to be similar. For multifamily developments or apartment buildings, common areas and exterior sites are treated as separate types of units, not as room equivalents. What is a testing combination? A testing combination is a unique combination of room equivalent, building component type, and substrate. Visible color may not be an accurate predictor of painting history and is not included in the definition of a testing combination. Components that are coated with paint, varnish, shellac, wallpaper, stain, or other coating should also be considered as a separate testing combination. Certain building components that are adjacent to each other and not likely to have different painting histories can be grouped together into a single testing combination, as follows: Window casings, stops, jambs and aprons are a single testing combination Interior window mullions and window sashes are a single testing combination--do not group interior mullions and sashes with exterior mullions and sashes Exterior window mullions and window sashes are a single testing combination Door jambs, stops, transoms, casings and other door frame parts are a single testing combination Door stiles, rails, panels, mullions and other door parts are a single testing combination Baseboards and associated trim (such as quarter-round or other caps) are a single testing combination (do not group chair rails, crown molding or walls with baseboards) Painted electrical sockets, switches or plates can be grouped with walls Each of these building parts should be tested separately if there is some specific reason to believe that they have a different painting history. In most cases, separate testing will not be necessary. How many XRF readings are needed per testing combination? Take at least one individual XRF reading on each testing combination in each room equivalent. For walls, take at least four readings (one reading on each wall) in each room equivalent. A different visible color does not by itself result in a separate testing combination. It is not necessary to take multiple XRF readings on the same spot, as was recommended in the 1990 Interim Guidelines for Public and Indian Housing. When do we take substrate corrections for XRF readings? Consult the XRF Performance Characteristic Sheet for your instrument. If test results for a given substrate fall within the substrate correction range, take readings on that bare substrate scraped completely clean of paint. How do we classify XRF readings for each testing combination?

Classify XRF results for each testing combination. Readings above the upper limit of the inconclusive range are considered positive, while readings below the lower limit of the inconclusive range are considered negative. Readings within the inconclusive range (including its boundary values) are classified as inconclusive. Some instruments have a threshold value separating ranges of readings considered positive from readings considered negative for a given substrate. Readings at or above the threshold are considered positive, while readings below the threshold are considered negative. When do XRF readings need to be confirmed? Inconclusive readings must be confirmed in the laboratory, unless the client wishes to assume that all inconclusive results are positive. Inconclusive readings cannot be assumed to be negative. What labs may analyze environmental samples for lead? A laboratory recognized under the EPA's National Lead Laboratory Accreditation Program (NLLAP). How and when are paint samples collected? Paint-chip samples are collected when the overall results for a component type are inconclusive. Paint-chip samples should contain all layers of paint (not just peeled layers) and must always include the bottom layer. Substrate material should not be included in samples reported in weight percent. Paint from 4 square inches (25 square centimeters) should provide a sufficient quantity for laboratory analysis. Smaller surface areas may be used, if the laboratory indicates that a smaller sample is acceptable. How does the Laboratory Test for Lead in Paint? Laboratory recognized under the EPA National Lead Laboratory Accreditation Program (NLLAP). Only one paint-chip needs to be taken for each testing combination. Additional samples can be collected as a quality control measure, if desired. The paint-chip sample taken from a 4-square-inch area, exactly including all layers but not the substrate. Laboratory results can be reported in mg/cm or as percent by weight if the dimensions of the surface area cannot be accurately measured or if all paint within the sampled area cannot be removed. Smaller surface areas can be used if acceptable to the laboratory. Repair of Sampled Locations with paint or spackle. Paint-chip sampling generally has a smaller error than does XRF

Laboratory results of 1.0 mg/cm or greater, or 0.5 percent or greater, are to be considered positive. Weight measurements are usually reported as micrograms per gram (ug/g), milligrams per kilogram (mg/kg), or parts per million (ppm) by weight. For example, a sample with 0.2 percent lead may also be reported as 2,000 ug/g lead, 2,000 mg/kg lead, or 2,000 ppm lead. Samples should be collected in sealable rigid containers such as screw-top plastic centrifuge tubes, Laboratory technologies include Atomic Absorption Spectroscopy (AAS), Inductively Coupled Plasma-Atomic Emission Spectroscopy (ICP-AES), Anodic Stripping Voltammetry (ASV), and Potentiometric Stripping Voltammetry (PSV). What should be included in the inspection report? Who performed the inspection; Date(s); Inspector's certification number; All XRF readings; Classification of all surfaces into positive or negative (but not inconclusive) categories, based on XRF and laboratory analyses; Specific information on the XRF and laboratory methodologies; Housing unit and sampling location identifiers; Results of any laboratory analyses; Who must receive a disclosure of lead inspections? Prospective renters (lessees, tenants) entering into a new lease and renters renewing an old lease, and to prospective purchasers prior to obligation under a sales contract, What is the difference between a lead paint inspection and a risk assessment? Risk assessments determine the presence of lead-based paint hazards, while inspections determine the presence of lead-based paint. Risk assessments measure lead only in deteriorated paint (risk assessments also measure lead in dust and soil). Inspections measure lead in both deteriorated and intact paint, which involves many more surfaces. Risk assessments always note the condition of paint films; inspections may not. What is more accurate, XRF or lab analysis? Laboratory analysis is more accurate and precise than XRF but only if great care is used to collect and analyze the paint-chip sample. How are lab results reported? Laboratory results should be reported as mg/cm. The dimensions of the area from which a paint-chip sample is removed must be measured as accurately as possible (to the nearest millimeter or 1/16th of an inch).

Although laboratory results can also be reported as a percentage of lead by weight of the paint sample, percents should only be used when it is not feasible to use mg/cm. These two units of measure are not interchangeable. Laboratory results should be reported as mg/cm if the surface area can be accurately measured and if all paint within that area is collected. What are the key points of radiation safety? The shutter of an XRF must never be pointed at anyone, even if the shutter is closed. Inspectors should wear radiation dosimeters to measure their exposure, although excessive exposures are highly unlikely if the instruments are used in accordance with the manufacturer’s instructions. If feasible, persons should not be near the other side of a wall, floor, ceiling, or other surface being tested. What is Lead-based paint? Lead-based paint means paint or other surface coatings that contain lead equal to or greater than 1. 0 mg/cm or 0. 5 percent by weight, 5,000 mg/kg, or 5,000 ppm by weight). Surface coatings include paint, shellac, varnish, or any other coating, including wallpaper which covers painted surfaces. Give examples of Interior and Exterior Building Component Types Air Conditioners, Fireplaces, Balustrades Floors, Baseboards, Handrails, Bathroom Vanities Newel Posts, Beams, Heating Units, Cabinets Radiators, Ceilings, Shelf Supports, Chair Rails, Shelves Columns, Stair Stringers, Counter Tops Stair Treads and Risers, Crown Molding Stools and Aprons, Doors Walls, Painted Electrical Fixtures, Window Sashes and Trim. Exterior Handrails, Balustrades, Lattice Work, Bulkheads, Mailboxes, Ceilings, Painted Roofing, Chimneys, Railing Caps, Columns, Rake Boards, Corner boards, Sashes, Doors and Trim, Siding, Fascias, Soffits, Floors, Stair Risers and Treads, Gutters and Downspouts, Stair Stringers, Joists, Window and Trim. , Fences, Storage Sheds & Garages, Laundry Line Posts, Swing sets and Other Play Equipment. Give an example of a testing combination: A wooden bedroom door. This is a testing combination because it is described by a room equivalent (bedroom), component (door), and substrate (wood). If one of these variables is different for another component, that component is a different testing combination. For example, if a second door in the room equivalent is metal, two testing combinations, not one, would be present. For doors separating rooms, each side of the door is assigned to the room equivalent it faces and is tested separately. The same is true of door casings. For prefabricated metal doors where it is apparent that both sides of the door have the same painting history, only one side needs to be tested. What is a Building Component Type?

A building component type consists of doors, windows, walls, and so on that are repeated in more than one room equivalent in a unit and have a common substrate. If a unique building component is present in only one room, it is considered to be a testing combination. Each testing combination may be composed of more than one building component (such as two similar windows within a room equivalent). Component types can be located inside or outside the dwelling. For example, typical component types in a bedroom would be the ceiling, walls, a door and its casing, the window sash, window casings, and any other distinct surface, such as baseboards, crown molding, and chair rails. If trends or patterns of lead-based paint classifications are found among building component types in different room equivalents, an inspection report may summarize results by building component type, as long as all measurements are included in the report. For example, the inspection may find that all doors and door casings in a dwelling unit are positive. How many Room Equivalents are to be Inspected? Test all room equivalents inside and outside the dwelling unit. The final report must include a final determination of the presence or absence of lead-based paint on each testing combination in each room equivalent. For varnished, stained, or similar clear-coated floors, measurements in only one room equivalent are permissible if it appears that the floors in the other room equivalents have the same coating. How many Testing Combinations to Inspect? Inspect each testing combination in each room equivalent, unless similar building component types with identical substrates (such as windows) are all found to contain lead-based paint in the first five interior room equivalents. In that case, testing of that component type in the remaining room equivalents may be discontinued, if and only if the purchaser of inspection services agrees beforehand to the discontinuation. The inspector should then conclude that the similar building component types in the rest of the dwelling unit also contain lead-based paint. Because it is highly unlikely that testing combinations known (and not just presumed) to have been replaced or added to the building after 1977 will contain lead-based paint, they need not be tested. If the age of the testing combination is in doubt, it should be tested. Some testing combinations have multiple parts. For example, a window testing combination could theoretically be broken down into the interior sill (stool), exterior sill, trough, sash, apron, parting bead, stop bead, casing, and so on. Because it is highly unlikely that all these parts will have different painting histories, they should not usually be considered separate testing combinations. (Inspectors should regard parts of building components as separate testing combinations if they have evidence that different parts have separate, distinct painting histories). See the definition of testing combination (Section III, above) for guidance on which building component parts may and which may not be grouped together.

Should we test Painted Furniture? Painted furniture that is physically attached to the unit (for example, a desk or dresser that is built-in) should be included in the inspection as a testing combination. Other painted furniture may also be tested, depending on the client's wishes. Children's furniture (such as cribs or playpens), especially if built before 1978, may contain lead-based paint and can be tested, subject to the client's wishes. When can we abbreviate testing? If lead-based paint is determined to be present (a . positive. finding) for a building component type with the same substrate in all of the first five room equivalents inspected, further testing of that component type may be discontinued in the remaining room equivalents within that dwelling unit, if and only if the purchaser of inspection services agrees beforehand to such a reduction. The inspector should then conclude that the similar building component types in the rest of the dwelling unit also contain lead-based paint. For example, if an inspector finds that baseboards in the first five room equivalents are all positive, the inspector -- with the client's permission --may conclude that all remaining room equivalents in the unit contain positive baseboards. What is the proper Number and Location of XRF Readings for Each Testing Combination? XRF testing is required for at least one location per testing combination, except for interior and exterior walls, where four readings should be taken, one on each wall. For each set of walls with the same painting history in a room equivalent, test the four largest walls. Classify each wall based on its individual XRF reading. If a room equivalent has more than four walls, calculate the average of the readings, round the result to the same number of decimal places as the XRF instrument displays, and classify remaining walls with the same painting history as the tested walls, based on this rounded average. When the remaining walls in a room equivalent clearly do not have the same painting history as that of the tested walls, test and classify the remaining walls individually. For exterior walls, select at least four sides and average the readings (rounding the result as described above) to obtain a result for any remaining sides. If there are more than four walls and the results of the tested walls do not follow a classification pattern (for example, one is positive and the other three are negative), test each wall individually. Location of XRF Readings The selection of the test location for a specific testing combination should be representative of the paint over the areas which are most likely to be coated with old paint or other lead-based coatings. Thus, locations where the paint appears to be thickest should be selected. Locations where paint has worn away or been scraped off should not be selected. Areas over pipes, electrical surfaces, nails, and other possible interferences should also be avoided if possible. All layers of paint should be included and the XRF probe faceplate should be able to lie flat against the surface of the test location. If no acceptable location for XRF testing exists for a given testing combination, a paint-chip sample should be collected. The sample should include all paint layers and should be taken as unobtrusively as possible. Because paint chip sampling is destructive, a single sample may be collected from a wall and used to characterize the other walls in a room equivalent.

How are Sides identified? Identify perimeter wall sides with letters A, B, C, and D (or numbers or Roman numerals). Side A for single-family housing is the street side for the address. Side A in multifamily housing is the apartment entry door side. Side B, C, and D are identified clockwise from Side A as one faces the dwelling; thus, Wall B is to the left, Wall C is across from Side A, and Side D is to the right of Side A. Each room equivalent's side identification follows the scheme for the whole housing unit. Because a room can have two or more entries, sides should not be allocated based on the entry point. For example, giving a closet a side allocation based on how the room is entered would make it difficult for another person to make an easy identification, especially if the room had two closets and two entryways. Building Component Identification Individual building components are first identified by their room number and side allocation (for example, the radiator in Room 1, Side B is easily identified). If multiple similar component types are in a room (for example, three windows), they are differentiated from each other by side allocation. If multiple components are on the same wall side, they are differentiated by being numbered left to right when facing the components. For example, three windows on Wall D are identified as windows D1, D2, and D3, left to right. If window D3 has the only old original sash, it is considered a separate testing combination from the other two windows. A sketch of the dwelling unit's floor plan is often helpful but is not required by this protocol. Whatever documentation is used, a description of the room equivalent and testing combination identification system must be included in the final inspection report. How is the age (in days) of the radioactive source determined? Starting from the date the manufacturer says the source had its full radiation strength; What is half-life? The time (in days) it takes for the radioactive material's activity to decrease to one-half its initial level; and What source is used in most XRFs? Cobalt 57. What Calibration Check Standard Materials Should be used. Standard Reference Material (SRM) paint film nearest to 1.0 mg/cm within the National Institute of Standards and Technology (NIST) SRM used. These films can be obtained by calling (301) 975-6776 and referencing SRM 2579; the film nearest to 1.0 mg/cm should be used for XRF calibration checks). Calibration checks should be taken through the SRM paint film with the film positioned at least 1 foot (0.3 meters) away from any potential source of lead.

How do we Record Calibration Check Readings? The average of the three calibration check readings should be calculated, rounded to the same number of decimal places as the XRF instrument displays, and recorded on the form. Large deviations from the NIST SRM value will alert the inspector to problems in the instrument's performance. If the observed calibration check average is greater than the calibration check tolerance specified in the instrument's XRF Performance Characteristic Sheet, the manufacturer's instructions should be followed to bring the instrument back into control. A successful calibration check should be obtained before additional XRF testing is conducted. Readings not accompanied by successful calibration checks at the beginning and end of the testing period are unreliable and should be repeated after a successful calibration check has been made. If a backup XRF instrument is used as a replacement, it must successfully pass the initial calibration check test before retesting the affected test locations. What is the Substrate Correction Procedure? XRF results are corrected for substrate bias by subtracting a correction value determined separately in each house for each type of substrate where lead paint values are in the substrate correction range indicated on the XRF Performance Characteristic Sheet. The correction value (formerly called . Substrate Equivalent Lead. or SEL ) is an average of six XRF readings, with three taken from each of two test locations that have been scraped visually clean of their paint coating. Avoid locations with initial XRF reading on the painted surface of more than 2.5 mg/cm. Two different testing combinations must be chosen for paint removal and testing. Average all six readings. Compute the correction value for each substrate type and subtract it from the average reading. For multifamily housing, randomly select two housing units to be used to collect substrate measurements for all substrates within the development that need correction and use the results from those two units to perform substrate correction calculations in all tested units within the development or building. If substrates exist in common areas or on exterior sites that do not exist in residential areas, select two locations from these areas for substrate correction. Otherwise, the same substrate correction readings can be applied to dwelling units, common areas and exterior sites. How are XRF Results classified: as positive, negative, or inconclusive. What must be included in the Final Report Summary: (1) Whether there is lead-based paint in the house? and (2) if lead-based paint is present, where is it located? Date of the inspection; Identity of the inspector and the inspection firm- certifications / licenses

Building component and room equivalent identification or numbering system or sketches; All XRF readings (including calibration check readings); All paint chip analyses; Testing protocol used; Instrument manufacturer, model, serial number, mode(s) of operation and age of radioactive source; Information on the owner's legal obligation to disclose the inspection results to tenants and/or purchasers. Final classification of all testing combinations. The house address where the inspection was performed. What is Multifamily Housing? Any group of units that are similar in construction from unit to unit, with: 21 or more units, if any were built before 1960 or are of unknown age, or 10 or more units, if they were all built from 1960 through 1977. Developments with fewer units should be treated as a series of single-family housing units. What is the first step in selecting housing units? Identify buildings in the development with a common construction based on written documentation or visual evidence of construction type. How do you select specific units to be tested? The specific units to be tested should be chosen randomly from a list of all units in each building or buildings. A complete list of all units in each group should be used and a separate identifying sequential number must be assigned to each unit. For example, if apartment addresses are shown as 1A, 1B,2A, 2B etc., they must be given a sequence number (1, 2, 3, 4, etc.). Specific units to be tested should be selected randomly using the formula below, and a table of random numbers or the random number function on a calculator. Housing Unit number = Random number times Total number, rounded up, where: Housing Unit number = the identification number for a unit in a list; Random number = a random number between 0 and 1; and Total number = the total number of units in a list of units. What assumptions can be made about unsampled Housing Units? If a particular component type in the sampled units is classified as positive, that same component type in the unsampled units is also classified as positive. Exceptions might occur: For example, suppose that a few porch railings tested negative, but most tested positive. Examination of the sample results in conjunction with the building records showed that the porch railings classified as positive were all original and the railings classified as negative were all recent replacements. The records did not reveal which units had replaced railings, and due to historic preservation requirements, the replacement railings were identical in appearance to

the old railings. Thus, all unsampled original porch railings could be classified as positive, and all unsampled recently replaced porch railings could be classified as negative if at least 40 of the replaced porch railings had been tested. What happens where there are fewer than 5% Positive Results for a component type? Where less than 5 percent, of a particular component type are positive, several choices are available: First, the inspector may confirm the results by laboratory analysis, which is considered definitive when performed as described in Section VI, below; a laboratory lead result of 1.0 mg/cm or greater (or 0.5 percent by weight or greater) is considered positive. Second, the inspector may select a second random sample (using unsampled units only) and test the component type in those units. If less than 2.5% of the combined set of results is positive, the component type may be considered as not having lead-based paint development-wide, but, rather, having lead-based paint in isolated locations, with a reasonable degree of confidence. Individual components that are classified positive should be considered as being lead-based painted and managed or abated appropriately. Finally, if the client chooses not to confirm the results by laboratory analysis and not to take a second set of measurements, then the component type should be considered as having lead-based painted development-wide. What kind of radiation do XRFs generate? X rays and gamma radiation. What are the rules for training and handling for XRF usage? The XRF instrument should be in the operator's possession at all times. The operator should never defeat or override any safety mechanisms of XRF equipment. In addition to training and certification in lead-based paint inspection, a person must have valid licenses or permits from the appropriate Federal, State, and local regulatory bodies to operate XRF instruments . All portable XRF instrument operators should be trained by the instrument manufacturer. Generally, dosimetry testing is required. The instrument's shutter should never be pointed at anyone, even if the shutter is closed. With radiation, distance is critical. The safe operating distance between an XRF instrument and a person during inspections depends on the radiation source type, radiation intensity, quantity of radioactive material, and the density of the materials being surveyed. As the radiation source quantity and intensity increases, the required safe distance also increases. Placing materials, such as a wall, in the direct line of fire, reduces the required safe distance. According to NRC rules, a radiation dose to an individual in any unrestricted area must not exceed 2 millirems per hour. One of the most intense sources currently used in XRF instruments is a 40-millicurie Cobalt-57 radiation source.

Persons should not be near the other side of a wall, floor, ceiling or other surface being tested. L shell = surface paint K shell + deep paint layers

LEAD EPA REGULATION REVIEW

Federal Register Thursday, August 29, 1996 / Final Rule CFR 40 Key: need to go to the word 5.0 doc to see this formatting (training epa-ldf) normal type = unchanged text bold type = new Subpart L- Lead-based Paint Activities 745.220 Scope and applicability. (a) This subpart contains procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, and work practice standards for such activities. This subpart also requires that, except as discussed below, all Lead - Based paint activities, as defined in this subpart, shall be performed by certified individuals and firms. (b) This subpart applies to all individuals and firms who are engaged in lead-based paint activities as defined in 745.223, except persons who perform these activities within residential dwellings that they own, unless the residence is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood level. This subpart applies only in those states or Indian Country that do not have an authorized state or Tribal program pursuant to 745.324 of Subpart Q. (c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any property or facility or engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with all Federal, State, interstate, and local requirements, both substantive and procedural, including the requirements of this subpart regarding lead-based paint, lead-based paint activities, and lead-based paint hazards. (d) While this subpart establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in this subpart requires that the owner or occupant undertake any particular lead-based activity. 745.223 Definitions. The definitions in subpart A apply to this subpart. In addition, the following definitions apply:

Abatement means any set of measures designed to permanently eliminate Lead - Based paint hazards. Abatement includes but is not limited to: (1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil. (2) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. (3) Specifically, abatement includes but is 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 a dwelling or child occupied facility that: (A) Shall result in the permanent elimination of lead-based paint hazards; or (B) Are designed to permanently eliminate lead-based paint hazards and are described in paragraphs (1) and (2) of this definition. (ii) Projects involving the permanent elimination of lead-based paint hazards conducted by firms or individuals certified in accordance with @ 745.226, unless such projects are covered by paragraph (4) of this definition. (iii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature represent, advertise, or hold themselves out to be in the business of performing lead-based activities as identified and defined by this section, unless such projects are covered by paragraph (4) of this definition; or (iv) Projects resulting in the permanent elimination of lead-based hazards, that are conducted in response to State of local abatement order. (4) Abatement does not include renovation, remodeling, landscaping or other activities when such activities 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 in lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily but not permanently reduce lead-based hazards.

Accredited training program means a training program that has been accredited by EPA pursuant to 745.225 to provide training for individuals engaged in lead-based paint activities. Adequate quality control means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling. Certified firm means a company, partnership, corporation, sole proprietorship, association, or other business entity, that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to 745.226. Certified inspector means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified abatement worker means an individual who has been trained by an accredited training program as defined in this section and certified by EPA pursuant to 745.226 to perform abatements. Certified project designer means an individual who has been trained by an accredited training program and certified by EPA pursuant to 745.226 to prepare abatement project designs, occupant protection plans, and abatement reports. Certified risk assessor means an individual who has been trained by an accredited training program and certified by EPA pursuant to 745.226 to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified supervisor means an individual who has been trained by an accredited training program and certified by EPA pursuant to 745.226 to supervise and conduct abatements and to prepare occupant protection plans and abatement reports. Child occupied facility means a building , or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week (Sunday through Saturday period) provided that each days visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours and the combined annual visits last at least 60 hours. Child occupied facilities may include, but are not limited to, day-care centers, preschools, and kindergarten classrooms. Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

Common area means a portion of a building that is generally accessible to all occupants. Such an area may include but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages and boundary fences. Component or building component means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, corner-boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills, casings sashes and wells, and air conditioners. Containment means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement. Course agenda means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic. Course test means an evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course. Course test blue print means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum. Deteriorated paint means paint which is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component. Discipline means one of the specific types or categories of lead-based paint activities identified in this subpart for which individuals may receive training from accredited programs and become certified by EPA. For example, "abatement worker" is a discipline. Distinct painting history means 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 or room.

Documented methodologies are methods or protocols used to sample for the presence of lead in paint, dust and soil. Elevated Blood Level (EBL) means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ug/dl (micrograms of lead per deciliter of blood) for a single venous test or of 15-19 ug/dl in two consecutive tests taken 3-4 months apart. Encapsulant means 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. Encapsulation means the application of an encapsulant Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead- based paint and the environment Guest Instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. Hands-on skills assessment means an evaluation which tests the trainee’s ability to satisfactorily perform the work practices and procedures identified in 745.225(d), as well as any other skill taught in a training course. Hazardous waste means any waste as defined in 40 CFR 261.3. Inspection means a surface-by-surface investigation to determine the presence of Lead - Based paint and the provision of a report explaining the results of the investigation. Interim certification means the status of an individual who has successfully completed the appropriate training course in a discipline from an accredited training program, as defined by this section but has not yet received formal certification in that discipline from EPA pursuant to 745.226. Interim certifications expire 6 months following the completion of the training course and is equivalent to a certificate for the six-month period. Interim controls means 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. Lead-based paint means 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 percent by weight.

Lead-based paint activities means in the case of target housing and child occupied facilities, inspection, risk assessment, and abatement as defined in this subpart. Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Administrator pursuant to TSCA section 403. Lead-contaminated dust means surface dust in residential dwellings, or child-occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by the Administrator pursuant to TSCA section 403. Lead-contaminated soil means bare soil on residential real property and in the property of a child-occupied facility that contains lead at or in excess of levels identified by the Administrator pursuant to TSCA section 403. Lead-hazard screen is a limited risk assessment activity that involves limited paint and dust sampling as described in 745.227(c). Living area means any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms. Multi-family dwelling means 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. Paint in poor condition means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2 square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the components is deteriorated on interior or exterior components with small surface areas (window sills, baseboards, soffits, trim).

Permanently covered soil means 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. Person means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal government. Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course. Recognized laboratory means an environmental laboratory recognized by EPA pursuant to TSCA section 405(b) as being capable of performing an analysis for lead compounds in paint, soil, and dust. Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. Residential Dwelling means (1) a detached single-family dwelling unit, including attached structures such as porches and stoops; or (2) 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. Risk assessment means (1) an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards and (2) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing Lead - Based paint hazards. Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling. Training curriculum means an established set of course topics that provide for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills. Training hour means at least 50 minutes of actual learning, including, but not limited to, hours devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

Training manager means the individual responsible for administering a training program and monitoring the performance of the principal instructors, and guest instructors. Visual inspection for clearance testing means 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. Visual inspection for risk assessment means 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. @ 745.225 Accreditation of training programs: target housing and child-occupied facilities. (a) Scope: (1) A training program may seek accreditation to offer lead-based paint activities courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program may also seek accreditation to offer refresher courses for each of the above listed disciplines. (2) Training programs may first apply to EPA for accreditation of their lead-based paint activities courses pursuant to this section on or after August 31, 1998. (3) A training program shall not provide, offer, or claim to provide EPA- accredited lead-based paint activities courses with applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after March 1, 1999. (b) Application process. The following are procedures a training program shall follow to receive EPA accreditation to offer lead-based paint activities courses: (1) A training program seeking accreditation shall submit to EPA a written application containing the following information: (i) The training program's name, address, and telephone number. (ii) A list of courses for which it is applying for accreditation. (iii) A statement, signed by the training program manager, which certifies that the training program meets the minimum requirements established in paragraph (c) of this section. If a training program uses EPA-developed model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA under subpart Q of this part, the training program manager shall include a statement certifying that, as well.

(iv) If a training program does not use EPA- developed model training materials, or training materials approved by an authorized State or Indian Tribe, it's application for accreditation shall also include: (A) A copy of the student and instructor manuals or other materials to be used for each course. (B) A copy of the course agenda for each course topic. (v) All training programs shall include in their application for accreditation the following: (A) A description of the facilities and equipment to be used for lecture and hands-on training. (B) A copy of the test blueprint for each course. (C) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course. (D) A copy of the quality control plan as described in paragraph (c)(9) of this section. (2) If a training program meets the requirements in paragraph (c) of this section, then EPA shall approve the application for accreditation no more than 180 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, EPA may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the training program under paragraph (i) of this section. If a training program's application is disapproved, the program may reapply for accreditation at any time. (3) A training program may apply for accreditation to offer courses or refresher courses in as many training disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements of this section.

(c) Requirements for the accreditation of training programs. For a training program to obtain accreditation from EPA to teach lead-based paint activities courses, the program shall meet the following requirements: (1) The training program shall employ a training manager who has: (i) at least 2 years’ experience, education, or training in teaching workers or adults; or (ii) Has a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or (iii) Has 2 years of experience in managing a training program specializing in environmental hazards; and (iv) Demonstrated experience, education or training in the construction industry including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (2) The training manager shall designate a qualified principal instructor for each course who has: (i) Demonstrated experience, education or training in teaching workers or adults; and (ii) Successfully completed at least 16 hours of any EPA- accredited or EPA-authorized State or Tribal-accredited lead-specific training. (iii) Demonstrated experience education or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (3) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

(4) The following documents shall be recognized by EPA as evidence that training managers and principal instructors have the education, work experience training requirements or demonstrated experience specifically listed in paragraphs (c)(1) and (c)(2) of this section. This documentation need not be submitted with the accreditation application, but, if not submitted, shall be retained by the training program as required by the recordkeeping requirements contained in paragraph (i) of this section. These documents include the following: (i) official academic transcripts as evidence of meeting the educational requirements. (ii) Resumes, letters of reference, or documentation of work experience as proof of meeting the work experience requirements. (iii) Certificates from train-the-trainer courses and lead-specific training courses as proof of meeting the training requirements. (5) The training program shall ensure the availability of and provide adequate facilities for the delivery of the lecture, course test, hands-on training and assessment. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed. (6) To become accredited in the following disciplines, the training program shall provide training courses that meet the following training hour requirements: (i) The inspector course shall last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the inspector course are contained in paragraph (d)(1) of this section. (ii) The risk assessor course shall last a minimum of 16 hours with a minimum of 4 hours devoted to hands-on training activities. The minimum curriculum requirements for the risk assessor course are contained in paragraph (d)(2) of this section. (iii) The supervisor course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on activities. The minimum curriculum requirements for the supervisor course are contained in paragraph (d)(3) of this section. (iv) The project designer course shall last a minimum of 8 training hours. The minimum curriculum requirements for the project designer course are contained in paragraph (d)(4) of this section. (v) The abatement worker course shall last a minimum of 16 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the worker course are contained in paragraph (d)(5) of this section.

(7) For each course offered, the training program shall conduct either a course test at the completion of the course, and if applicable a hands-on skills assessment, or in the alternative, a proficiency test for that discipline. Each individual must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test. (i) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in paragraph (d) of this section. (ii) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics. (iii) The course test shall be developed in accordance With the test blueprint submitted with the training accreditation application. (8) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include: (i) The name, unique certificate number, and address of the individual. (ii) The name of the particular course that the individual completed. (iii) Dates of course completion/test passage. (iv) Expiration date of interim certification, which shall be 6 months from the date of course completion. (v) Name, address, and telephone number of the training program. (9) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements: (i) Procedures for periodic revision of training materials and course test to reflect innovations in the field- (ii) Procedures for the training manager's annual review of instructor competency.

(10) The training program shall offer courses which teach the work practice standards for conducting lead-based paint activities contained in @ 745.227, and other such standards adopted by EPA pursuant to Title IV of TSCA. These standards shall be taught in the appropriate course to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting. (11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements of this section. (12) The training manager shall allow EPA to audit the training program to verify the contents of the application for accreditation as described in paragraph (b) of this section. (d) Minimum training curriculum requirements. To be accredited to offer lead-based paint courses in the specific disciplines listed below, training programs must ensure that their courses of study include at a minimum, the following course topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course. (1) Inspector. (i) Roles and responsibility of an inspector. (ii) Background information on lead and its adverse health effects. (iii) Background information on Federal, State, and local regulations and guidance that pertains to lead-based paint and lead- based paint activities. (iv) Lead-based paint inspection methods, including selection of rooms and components for sampling or testing.* (v) Paint, dust and soil sampling methodologies.* (vi) Clearance standards and testing including random sampling* (vii) Preparation of the final inspection report.* (2) Risk assessor. (i) Role and responsibilities of a risk assessor. (ii) Collection of Background information to perform risk assessment. (iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging and food.

(iv) Visual inspection for the purpose of identifying potential sources of lead-based paint hazards.* (v) Lead hazard screen protocol. (vi) Sampling for other sources of lead exposure*. (vii) Interpretation of lead-based paint and other lead sampling results, including all applicable State or Federal guidance or regulations pertaining to lead-based paint hazards.* (viii) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards. * (ix) Preparation of a final risk assessment report. (3) Supervisor. (i) Role and responsibilities of a supervisor. (ii) Background information on lead and its adverse health effects. (iii) Background information on Federal, State, and local regulations and guidance that pertains to lead- based paint abatement. (iv) Liability and insurance issues relating to lead-based paint abatement. (v) Risk assessment and inspection report interpretation.* (vi) Development and implementation of an occupant protection plan and abatement report.* (vii) lead-based paint hazard recognition and control.* (viii) Lead-based paint abatement and lead-based paint hazard reduction methods including restricted practices.* (ix) Interior dust abatement/cleanup or lead -based paint hazard control and reduction methods.* (x) Soil and exterior dust abatement or lead -based paint hazard control and reduction methods.* (xi) Clearance standards and testing. (xii) Cleanup and Waste disposal. (xiii) Recordkeeping.

(4) Project designer. (i) Role and responsibilities of a project designer. (ii) Development and implementation of an occupant protection plan for large scale abatement projects. (iii) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects. (iv) Interior dust abatement/cleanup or lead-based paint hazard control and reduction methods for large-scale abatement projects. (v) Clearance standards and testing for large-scale abatement projects. (vi) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large-scale abatement projects. (5) Abatement worker. (i) Role and responsibilities of an abatement worker. (ii) Background information on lead and its adverse health effects. (iii) Background information on Federal, State, and local regulations and guidance that pertains to lead- based paint abatement. (iv) lead-based paint hazard recognition and control.* (v) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.* (vi) Interior dust abatement methods/cleanup or lead-based paint hazard reduction.* (vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction.* (e) Requirements for the accreditation of refresher training Programs. A Training program may seek accreditation to offer a refresher training courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer and abatement worker. To obtain EPA accreditation to offer refresher training, a training program must meet the following minimum requirements:

(1) Each refresher course shall review the curriculum topics of the full-length course listed under paragraph (d) of this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include at a minimum, the following: (i) An overview of current key safety practices relating to lead-based paint abatement in general, as well as specific information pertaining to the appropriate discipline. (ii) Current laws and regulations relating to lead-based paint abatement in general, as well as specific information pertaining to the appropriate discipline. (iii) Current technologies related to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline. (2) Each refresher course, except for the project designer course, shall last a minimum of 8 training hours. The project designer course shall last a minimum of 4 training hours. (3) For each course offered, the training program shall conduct a hands-on assessment (if applicable), and at the completion of the course, a course test. (4) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course as described in paragraph (b) of this section. If so, EPA shall use the approval procedure described in paragraph (b) of this section. In addition, the minimum requirements contained in paragraph (c)(6), (e)(1) (e)(2) and (e)(3) of this section shall also apply. (5) A training program seeking accreditation to offer refresher training shall submit to EPA a written application containing the following information: (i) The training program's name, address, and telephone number. (ii) A list of courses for which it is applying for accreditation. (iii) A statement, signed by the training program manager, which certifies that the refresher training program meets the minimum requirements established in paragraph (c) of this section, except for the requirements of paragraph (c)(6) of this section. If a training program uses EPA- developed model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA under subpart 745.324 to develop its refresher training course materials, the training program manager shall include a statement certifying that, as well.

(iv) If a training program does not use EPA- developed model training materials, or training materials approved by an authorized State or Indian Tribe, it's application for accreditation shall also include: (A) A copy of the student and instructor manuals or other materials to be used for each course. (B) A copy of the course agenda for each course. (v) All training programs shall include in their application for accreditation the following: (A) A description of the facilities and equipment to be used for lecture and hands-on training. (B) A copy of the test blueprint for each course. (C) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course (if applicable). (D) A copy of the quality control plan as described in paragraph (c)(9) of this section. (vi) The requirements in paragraphs (c)(1) through (c)(5) and (c)(7) through (c)(12) of this section apply to refresher training providers. (vii) If a refresher training program meets the requirements listed in this paragraph, then EPA shall approve the application for accreditation no more than 180 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, EPA may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the training program under paragraph (i) of this section. If a training program's application is disapproved, the program may reapply for accreditation at any time. (f) Re-accreditation of training programs. (1) Unless re-accredited, a training program's accreditation shall expire 4 years after the date of issuance. If a training program meets the requirements of this section, the training program shall be reaccredited. (2) A training program seeking reaccreditation shall submit an application to EPA no later than 180 days before its accreditation expires. If a training program does not submit its application for re-accreditation by that date, EPA cannot guarantee that the program will be re-accredited before the end of the accreditation period.

(3) The training program's application for re-accreditation shall contain: (i) The training program's name, address, and telephone number. (ii) A list of courses for which it is applying for re-accreditation. (iii) A description of any changes to the training facility, equipment or course materials since its last application was approved that adversely affects the student’s ability to learn. (iv) A statement, signed by the program manager, stating: (A) That the training program complies at all times with all requirements in paragraphs (c) and (e) of this section as applicable; and (B) The recordkeeping and reporting requirements of paragraph (i) of this section shall be followed. (4) Upon request, the training program shall allow EPA to verify the contents of the application for re-accreditation as described in paragraph (f)(3) of this section. (g) Suspension, revocation, and modification of accredited training programs. (1) EPA may after notice and an opportunity for hearing, suspend, revoke, or modify training program accreditation if a training program, training manager, or other person with supervisory authority over the training program, has: (i) Misrepresented the contents of a training course to EPA and/or the student population. (ii) Failed to submit required information or notifications in a timely manner. (iii) Failed to maintain required records. (iv) Falsified accreditation records, instructor qualifications, or other accreditation information. (v) Failed to comply with the training standards and requirements in this section. (vi) Failed to comply with Federal, State, or local lead-based paint statutes or regulations.

(2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (h) Procedures for suspension, revocation, or modification of training program accreditation. (1) Prior to taking action to suspend, revoke, or modify the accreditation of a training program, EPA shall notify the affected entity in writing of the following: (i) The legal and factual basis for the suspension, revocation or modification. (ii) The anticipated commencement date and duration of the suspension, revocation, or modification. (iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive accreditation in the future. (iv) The opportunity and method for requesting a hearing prior to final EPA action to suspend, revoke, or modify accreditation. (v) Any additional information, as appropriate, which EPA may provide. (2) If a hearing is requested by the accredited training program EPA shall: (i) Provide the affected entity an opportunity to offer written statements in response to EPA'S assertions of the legal and factual basis for its proposed action, and any other explanations, comments, and arguments it deems relevant to the proposed action. (ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. (iii) Appoint an official of the EPA as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with The specific matter. (3) The Presiding Officer appointed pursuant to paragraph (h)(2) of this section shall: (i) Conduct a fair, orderly, and impartial hearing, within 90 days of the request for a hearing. (ii) Consider all relevant evidence, explanation, comment, and argument submitted.

(iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action which may be subject to judicial review. (4) If the EPA determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any training program prior to the opportunity for a hearing, it shall: (i) Notify the affected entity of its intent to immediately suspend training program accreditation for the reasons listed in paragraph (g)(l) of this section. If a suspension, revocation, or modification notice has not previously been issued pursuant to paragraph (g)(1) of this section, it shall be issued at the same time the emergency suspension notice is issued. (ii) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why it is necessary to suspend the entity 's accreditation before an opportunity for a suspension, revocation, or modification hearing. (iii) Notify the affected entity of the commencement date and duration of the immediate suspension. (iv) Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by the EPA under this section, and any documents filed by an accredited training program in a hearing under this section, shall be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title. (6) The public shall be notified of the suspension, revocation, or modification of training program accreditation through appropriate mechanisms. (7) EPA shall maintain a list of parties whose accreditation has been suspended, revoked, modified, or reinstated. This list shall be made available to the public upon request.

(i) Training program recordkeeping requirements. 1) Accredited training programs shall maintain, and make available to EPA if requested, the following records: (i) All documents specified in paragraph (c)(4) of this section that demonstrate the qualifications listed in paragraphs (c)(1) and (c)(2) of this section of the training manager and principal instructors. (ii) Current curriculum/course materials, and documents reflecting any changes made to these materials. (iii) The course test blueprint. (iv) Information on how the hands-on assessment is conducted including, but not limited to: (A) who conducts the assessment (B) how the skills are graded (C) what facilities are used (D) the pass/ fail rate. (v) The quality control plan as described in paragraph (c)(9) of this section. (vi) Results of the student's hands-on skills assessments and course tests, and a record of each student's course completion certificate. (vii) Any other material not listed in (i)(1)(i) through (i)(1)(vi) of this section that was submitted to EPA as part of the program's application for accreditation. (2) The training program shall retain these records at the address specified on the training program accreditation application (or as modified in accordance with paragraph (i)(3) of this section for a minimum of 3 years 6 months. (3) The training program shall notify EPA in writing within 30 days of changing the address specified on its training program accreditation application or transferring the records from that address.

745.226 Certification of Individuals and firms engaged in lead-based paint activities: Target housing and child-occupied facilities. (a) Certification of individuals. (1) Individuals seeking certification by EPA to engage in lead-based paint activities must either: (i) Submit to EPA an application demonstrating that they meet the requirements established in paragraphs (b) or (c) of this section for the particular discipline for which certification is sought; or (ii) Submit to EPA an application with a copy of a valid lead-based paint activities certification (or equivalent) from a State or Tribal program that has been authorized by EPA pursuant to subpart Q of this part. (2) Individuals may first apply to EPA for certification to engage in lead-based paint activities pursuant to this section on or after March 1, 1999. (3) Following the submission of an application demonstrating that all the requirements of this section have been met, EPA shall certify an applicant as an inspector, risk assessor, supervisor, project designer or abatement worker, as appropriate. (4) Upon receiving EPA certification, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appropriate Lead - Based paint activities in 745.227. (5) It shall be a violation of TSCA, for an individual to conduct any of the Lead - Based paint activities described in 745.227 after August 30, 1999, if that individual has not been certified by EPA pursuant to this section. (b) Inspector, risk assessor or supervisor. (1) To become certified by EPA as an inspector, risk assessor or supervisor pursuant to section (a)(1)(i) of this section, an individual must: (i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. (ii) Pass the certification exam in the appropriate discipline offered by EPA; and

(iii) Meet or exceed the following experience and/or education requirements: (A) inspectors: (1) No additional experience and/or education requirements. (2) [Reserved] (B) Risk assessors: (1) Successful completion of an accredited training course for inspectors; and (2) Bachelor's degree and 1-year experience in a related field, (e.g. lead, asbestos environmental remediation work, or construction), or an associate degree and 2 years’ experience in a related field (e.g. lead, asbestos environmental remediation work, or construction); or (3) Certification as an industrial hygienist, professional engineer, a registered architect, or certification in a related engineering/health/ environmental field (e.g. safety, professional, environmental scientist; or (4) A high school diploma (or equivalent), plus at least 3 years of experience in a related field (e.g. lead, asbestos environmental remediation work, or construction). (C) Supervisor: (1) One-year experience as a certified lead- based paint abatement worker; or (2) At least 2 years’ experience in a related field (e.g. lead, or asbestos environmental remediation work) or in the building trades. (2) The following documents shall be recognized by EPA as proof of meeting the requirements listed in (b)(2)(iii) of this paragraph: (i) Official academic transcripts or diploma as proof of meeting the educational requirements. (ii) Resumes, letters of reference, or documentation of work experience, or copies of inspection reports as proof of meeting the work experience requirements. (iii) Course completion Certificates from lead-specific or other related training courses issued by accredited training programs as evidence of meeting the training requirements.

(3) In order to take the certification examination for a particular discipline, an individual must (i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. (ii) Meet or exceed the education and/ or experience requirements in paragraph (b)(1)(iii) of this section. (4) The course completion certificate shall serve as interim certification for an individual until the next available opportunity to take the certification examination. Such interim certification shall expire 6 months after issuance. (5) After passing the appropriate certification exam and submitting an application demonstrating that he/she meets the appropriate training, education and/or experience prerequisites described in paragraph (b)(1) of this section, an individual shall be issued a certificate by EPA. To maintain certification, an individual must be re-certified as described in paragraph (e) of this section. (6) An individual may take the certification exam no more than 3 times within 6 months of receiving a course completion certificate. (7) If an individual does not pass the certification exam and receive a certificate within 6 months of receiving his/her course completion certificate, the individual must retake the appropriate course from an accredited training program before reapplying for certification from EPA. (c) Abatement Worker and project designer. (1) To become certified by EPA as an abatement worker or project designer, pursuant to paragraph (a)(1)(i) of this section, an individual must: (i) successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. (ii) Meet or exceed the following additional experience and/or education requirements: (A) Abatement workers. (1) No additional experience and/or education requirements (2) Reserved

(B) Project designers. (1) Successful completion of an accredited training course for supervisors. (2) Bachelor's degree in engineering, architecture, or a related profession, and 1 year experience in building construction and design or a related field; or (3) Four years of experience in building construction and design or a related field. (2) The following documents shall be recognized by EPA as evidence of meeting the requirements listed in this paragraph: (i) Official academic transcripts or diploma as proof of meeting the educational requirements. (ii) Resumes, letters of reference, or documentation of work experience as evidence of meeting the work experience requirements. (iii) Course completion Certificates from lead-specific or other related training courses issued by accredited training programs as proof evidence of meeting the training requirements. (3) The course completion certificate shall serve as interim certification until certification from EPA is received. (4) After successfully completing the appropriate training courses and meeting any other qualifications described in paragraph (c)(1) of this section, an individual shall be issued a certificate from EPA. To maintain certification, an individual must be re-certified as described in paragraph (e) of this section. (d) Certification based on prior training. (1) Any individual who received training in a lead-based paint activity between October 1, 1990, and March 1, 1999, shall be eligible for certification by EPA under the alternative procedures contained in this paragraph. Individuals who have received lead-based paint activities training at an EPA-authorized State or Tribal accredited training program shall also be eligible for certification by EPA under the following alternative procedures: (i) Applicants for certification as an inspector, risk assessor, or supervisor shall: (A) Demonstrate that the applicant has completed training or on-the-job training in the conduct of a lead-based paint activity. (B) Demonstrate that the applicant meets or exceeds the education and/or experience requirements in paragraph (b)(1)(iii) of this section. (C) Successfully completes an accredited refresher training course for the appropriate discipline.

(D) Pass a certification exam administered by EPA for the appropriate discipline (ii) Applicants certification as abatement worker or project designer shall: (A) Demonstrate that the applicant has successfully completed training or on-the-job training in the conduct of a lead-based paint activity. (B) Demonstrate that the applicant meets or exceeds the education and/or experience requirements in paragraph (c)(1) of this section; and (C) Successfully complete an accredited refresher training course for the appropriate discipline. (2) Individuals shall have until August 30, 1999 to apply for certification under the above procedures. After that date, all individuals wishing to obtain certification must do so through the procedures described in paragraph (a) and paragraph (b) or (c) of this section, according to the discipline for which certification is sought. (e) Re-certification. (1) To maintain certification in a particular discipline, a certified individual, shall apply to and be re-certified by EPA in that discipline by EPA either: (i) Every 3 years if the individual completed a training course with a course test and hands-on assessment; or (ii) Every 5 years if the individual completed a training course with a proficiency test. (2) An individual shall be re-certified if the individual successfully completes the appropriate refresher training course and submits a valid copy of the appropriate refresher course completion certificate. (f) Certification of firms. (1) All firms which perform or offer to perform Lead - Based paint activities described in 745.227 after August 30, 1999 shall be certified by EPA. (2) A firm seeking certification shall submit to EPA a letter attesting that the firm will only employ appropriately certified employees to conduct lead-based paint activities, and that the firm will follow the work practice standards in 745.227 for conducting lead-based paint activities.

(3) From the date of receiving the firm's letter requesting certification, EPA shall have 90 days to approve or disapprove the firm's request for certification. Within that time, EPA shall respond with either a certificate of approval or a letter describing the reason for disapproval. (4) The firm shall maintain all records pursuant to the requirements in @ 745.227. (5) Firms may first apply to EPA for certification to engage in lead-based paint activities pursuant to this section on or after March 1, 1999. (g) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities. (1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify an individual's certification if an individual has: (i) Obtained training documentation through fraudulent means. (ii) Gained admission to and completed an accredited training program through misrepresentation of admission requirements. (iii) Obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience. (iv) Performed work requiring certification at a job site without having proof of certification. (v) Permitted the duplication or use of the individual's own certificate by another. (vi) Performed work for which certification is required, but for which appropriate certification has not been received. (vii) Failed to comply with the appropriate work practice standards for lead-based paint activities at 745.227. (viii) Failed to comply with Federal, State, or local lead-based paint statutes or regulations. (2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.

(h) Suspension, revocation and modification of certifications of firms engaged in lead-based paint activities. (1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify a firm's certification if a firm has: (i) Performed work requiring certification at a job site with individuals who are not certified. (ii) Failed to comply with the work practice standards for lead-based paint activities in 745.227. (iii) Misrepresented facts in its letter of application for certification to EPA. (iv) Failed to maintain required records. (v) Failed to comply with Federal, State, or local lead-based paint statutes or regulations. (2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. (i) Procedures for suspension, revocation, or modification of the certification of individuals or firms. (1) If EPA decides to suspend, revoke, or modify the certification of any individual or firm, it shall notify the affected entity in writing of the following: (i) The legal and factual basis for the suspension, revocation, or modification. (ii) The commencement date and duration of the suspension, revocation, or modification. (iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive certification in the future. (iv) The opportunity and method for requesting a hearing prior to final EPA action to suspend, revoke, or modify accreditation. (v) Any additional information, as appropriate, which EPA may provide.

(2) If a hearing is requested by the certified individual or firm EPA shall: (i) Provide the affected entity an opportunity to offer written statements in response to EPA'S assertions of the legal and factual basis, and any other explanations, comments, and arguments it deems relevant to the proposed action. (ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. (iii) Appoint an official of the EPA as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with The specific matter. (3) The Presiding Officer shall: (i) Conduct a fair, orderly, and impartial hearing, within 90 days of the request for a hearing. (ii) Consider all relevant evidence, explanation, comment, and argument submitted. (iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action subject to judicial review. (4) If the EPA determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any individual or firm prior to the opportunity for a hearing, it shall: (i) Notify the affected entity of its intent to immediately suspend training program accreditation for the reasons listed in paragraph (h)(l) of this section. If a suspension, revocation, or modification notice has not previously been issued, it shall be issued at the same time the immediate suspension notice is issued. (ii) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why it is necessary to suspend the entity 's accreditation before an opportunity for a hearing to suspend, revoke, or modify the individual's or firm's certification. (iii) Notify the affected entity of the commencement date and duration of the immediate suspension. (iv) Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing.

(5) Any notice, decision, or order issued by the EPA under this section, transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section, shall be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title. 745.227 Work Practice Standards for conducting Lead - Based paint activities. (a) Effective date, applicability and terms. (1) Beginning on March 1, 1999, all Lead - Based paint activities shall be performed pursuant to the work practice standards contained in this section. (2) When performing any Lead - Based paint activities described by the certified individual as an inspection, lead-hazard screen, risk assessment, or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below. (3) Documented methodologies that are appropriate for this section are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing; the EPA Guidance on Residential Lead - Based Paint Contaminated Dust, and Lead Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA Report number 7474-R-95-001). Regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. (4) Clearance levels are appropriate for the purposes of this section may be found in the EPA Guidance on Residential Lead - Based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil or other equivalent guidelines. (b) Inspection (1) An inspection shall be conducted only by persons certified by EPA as an inspector or risk assessor, and if conducted, must be conducted according to the procedures in this paragraph.

(2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint: (i) In a residential dwelling and child-occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978 or to not contain lead-based paint; and (ii) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978 or to not contain lead-based paint; and (3) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures. (ii) All collected paint chip samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. (4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information: (i) Date of each inspection. (ii) Address of building. (iii) Date of construction. (iv) Apartment numbers (if applicable). (v) Name, address, and telephone number of the owner of each residential dwelling or child-occupied facility. (vi) Name, signature, and certification numbers of each certified inspector and/or risk assessor conducting testing. (vii) Name, address, and telephone number of the certified firm employing each inspector or risk assessor. (viii) Each testing method and device and/or sampling procedure employed for paint analysis, including quality control data, and if used, the serial number of any x-ray fluorescence (XRF) device.

(ix) Specific locations of each painted component tested for the presence of lead-based paint. (x) The results of the inspection expressed in terms appropriate to the sampling method used. (c) Lead hazard screen (1) A lead hazard screen shall be conducted only by a person certified by EPA as a risk assessor. (2) If conducted, a lead hazard screen shall be conducted as follows: (i) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years or under shall be collected. (ii) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to: (A) Determine if any deteriorated paint is present, and (B) Locate at least two dust sampling locations. (iii) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. (iv) In residential dwellings, two composite dust samples shall be collected, on from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children age 6 years or under, are most likely to come in contact with dust. (v) In multi-family dwellings and child-occupied facilities, in addition the floor and window samples required in paragraph (c)(1)(iii) of this section, the risk assessor shall also collect composite dust samples from common areas where one or more children age 6 years or under, are most likely to come in contact with dust. (3) Dust samples shall be collected and analyzed in the following manner: (i) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures. (ii) All collected dust samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

(4) Paint shall be sampled in the following manner: (i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures and/or (ii) All collected paint chip samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. (5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information: (i) The information required in a risk assessment report as specified in paragraph (d) of this section, including paragraphs (d)(11)(i) through (d)(11)(xiv) and excluding paragraphs (d)(11)(xv) through (d)(11)(xviii) of this section. Additionally, any background information collected pursuant to paragraph (c)(2)(i) of this section shall be included in the risk assessment report; and (ii) Recommendations, if warranted, for a follow up risk assessment. (d) Risk assessment (1) A risk assessment shall be conducted only by a person certified by EPA as a risk assessor, and if conducted must be conducted according to the procedures in this paragraph. (2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the presence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead-based paint hazards. (3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age 6 years or under shall be collected. (4) Each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. Each other surface, determined, using documented methodologies, to be a potential lead-based paint hazard and having a distinct painting history, shall also be tested for the presence of lead. (5) In residential dwellings, dust samples (either composite or single-surface samples) from windows and floor shall be collected in all living areas where one or more children age 6 years or under, are most likely to come in contact with dust.

(6) For multi-family dwellings and child-occupied facilities, the samples required in paragraph (d)(4) of this section shall be taken. In addition, window and floor dust samples (either composite or single-surface samples) shall be collected in the following locations: (i) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and (ii) Other common areas in the building where the risk assessor determines that one or more children age 6 and under, are likely to come into contact with dust. (7) For child-occupied facilities, window and floor dust samples (either composite or single-surface samples) shall be collected in each room, hallway, or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child-occupied facility where the risk assessor determines one or more children age 6 and under, are likely to come into contact with dust. (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (i) Exterior play areas where bare soil is present; and (ii) Dripline/foundation areas where bare soil is present. (9) Any paint, dust or soil sampling or testing shall be conducted using documented methodologies which incorporate adequate quality control procedures. (10) Any collected paint chip, dust or soil samples shall be analyzed according to paragraph (f) of this section to determine if they contain detectable levels of lead that can be quantified numerically.

(11) The certified risk assessor shall prepare a risk assessment report which shall include the following information: (i) Date of assessment. (ii) Address of each building. (iii) Date of construction of buildings. (iv) Apartment numbers (if applicable). (v) Name, address, and telephone number of each building. (vi) Name, signature, and certification of the certified risk assessor conducting the assessment. (vii) Name, address, and telephone number of the certified firm employing each certified risk assessor, if applicable. (viii) Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples. (ix) Results of the visual inspection. (x) Testing method and sampling procedure for paint analysis employed. (xi) Specific locations of each painted component tested for the presence of lead. (xii) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device. (xiii) All results of laboratory analysis on collected paint, soil, and dust samples. (xiv) Any other sampling results. (xv) Any background information collected pursuant to paragraph (d)(3) of this section. (xvi) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint- related hazards. (xvii) A description of the location, type and severity of identified lead-based paint hazards and any other potential lead hazards. (xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

(e) Abatement. (1) An abatement shall be conducted only by an individual certified by EPA, and if conducted, shall be conducted according to the procedures in this paragraph. (2) A certified supervisor is required for each abatement project and shall be onsite during all 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 onsite or available by telephone, pager or answering service, and able to be present at the work site in no more than 2 hours. (3) The certified supervisor, and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other Federal, State and local requirements. (4) Notification of the commencement of lead-based paint abatement activities in a residential dwelling or child-occupied facility or as the result of a Federal, State, or local order shall be given to EPA prior to the commencement of abatement activities. The procedures for this notification will be developed by EPA prior to August 31, 1998. (5) A written occupant protection plan shall be developed for all abatement projects, and shall be prepared according to the following procedures: (i) 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 building occupants from exposure to any lead-based paint hazards. (ii) A certified supervisor or project designer shall prepare the occupant protection plan (6) The work practices listed below shall be restricted during an abatement as follows: (i) Open flame burning or torching of lead-based paint is prohibited; (ii) 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 which removes particles of 0.3 microns or larger from the air at 99.97 % or greater efficiency. (iii) 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 2 square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and (iv) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit. (7) If conducted, soil abatement shall be conducted in one of the following ways: (i) If soil is removed, the lead-contaminated soil shall be replaced with soil that is not lead contaminated; or

(ii) If soil is not removed, the lead-contaminated soil shall be permanently covered as defined in 745.223. (8) The following post-abatement clearance procedures shall be performed only by a certified inspector or risk assessor: (i) Following an abatement, a visual inspection shall be performed to determine deteriorated surfaces and/ or visible amounts of dust are still present. If deteriorated surfaces or visible amounts of dust, debris or residue are present these conditions must be eliminated prior to the continuation of the clearance procedures. (ii) Following the visual inspection and any post-abatement cleanup required by paragraph (e)(8)(i) of this section, clearance sampling for lead-contaminated dust shall be conducted. Clearance sampling may be conducted by employing single surface sampling or composite sampling techniques. (iii) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures. (iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post-abatement cleanup activities. (v) 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: (A) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one window (if available) and one dust sample shall be taken from the floor 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. (B) After conducting an abatement with no containment, two dust samples shall be taken from no less than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one window (if available) 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 residential dwelling or child-occupied facility, then all rooms, hallways or stairwells shall be sampled. (C) Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surface in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of according to all applicable Federal, State and local requirements. (vi) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies. (vii) The certified inspector or risk assessor shall compare the residual lead dust level (as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors and windows. If the residual lead levels in a dust sample exceed these

clearance levels, all the components represented by the failed sample shall be recleaned and retested until clearance levels are met. (9) In a multifamily dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided: (i) The certified individuals who abate or clean the residential dwellings do not know which residential dwellings will be selected for the random sample. (ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels. (iii) The randomly selected residential dwellings shall be sampled and evaluated according to the procedures found in paragraph (e)(8) of this section. (10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information: (i) Start and completion dates of abatement. (ii) The name and address of each certified firm conducting the abatements, and the name of each supervisor assigned to the abatement project. (iii) The occupant protection plan prepared pursuant to paragraph (e)(5) of this section.

(iv) The name, address and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing. (v) The results of clearance testing and all soil analyses, if applicable) and the name of each recognized laboratory that conducted the analyses. (vi) 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. (f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be: (1) Collected by persons certified by EPA as an inspector or risk assessor; and (2) Analyzed by a laboratory recognized by EPA pursuant to section 405 (b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (g) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in paragraphs (c) through (e) 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. (h) Recordkeeping. All reports or plans required in this section shall be maintained by the certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or individual shall also provide copies of these reports to the building owner who contracted for its services. 745.228 Accreditation of training programs: public and commercial buildings, bridges and superstructures (Reserved) 745.229 Certification of individuals and individuals engaged in lead-based paint activities: public and commercial buildings, bridges and superstructures (Reserved)

745.230 Work practice standards for conducting lead-based paint activities: public and commercial buildings, bridges and superstructures (Reserved) 745.233 Lead-based paint activities requirements: Lead-based paint activities, as defined in this part, shall only be conducted according to the procedures and work practice standards contained in 745.227 of this subpart. No individual or firm may offer to perform or perform any lead- based paint activity as defined in this part, unless certified to perform that activity according to the procedures in 745.226. 745.235 Enforcement (a) Failure or refusal to comply with any requirement of @ 745.225, 745.226, 745.227 or 745.233 is a violation of section 15 of TSCA (15 U.S.C. 2614, 2689). (b) Failure or refusal to establish, maintain, provide, copy, or to permit access to records or reports, as required by 745.225, 745.226, or 745.227, is a prohibited act under sections 15 and 409 of TSCA (15 U.S C. 2614, 2689). (c) Failure or refusal to permit entry or inspection as required by 745.237 and section 11 of TSCA (15 U.S.C. 2610) is prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). (d) In addition to the above, any individual or firm that performs any of the following acts shall be deemed to have committed a prohibited act under 15 and 409 of TSCA (15 U.S.C. 2614, 2689) These include the following: (i) Obtaining certification through fraudulent means. (ii) Failing to obtain certification from EPA and performing work requiring certification at a job site; or (iii) Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification. (e) Violators are subject to civil and criminal sanctions pursuant to section 16 of TSCA (15 U.S.C. 2615) for each violation. 745.237 inspections. EPA may conduct reasonable inspections pursuant to the provisions of section 11 of TSCA (15 U.S.C. 2610) to ensure compliance with this part.

745.239 Effective dates. This subpart L shall apply in any State or Indian Country that does not have an authorized program under subpart Q, effective August 31, 1998. In such States or Indian Country: (a) Training programs shall not provide, offer or claim to provide training or refresher training for certification without accreditation from EPA pursuant to @ 745.225 after: March 1, 1999. (b) No individual or firm shall perform, offer, or claim to perform lead-based paint activities, as defined in this subpart, without certification from EPA to conduct such activities, pursuant to 745.226 on or after August 30, 1999. (c) All lead-based paint activities shall be performed pursuant to the work practice standards contained in 745.227 after August 30, 1999. Subparts M-P [Reserved] Subpart Q-State And Indian Tribal Programs 745.320 Scope and purpose. (a) This subpart establishes the requirements that State or Tribal Programs must meet for authorization by the Administrator to administer and enforce the standards, regulations, or other requirements established under TSCA Section 402 and/ establishes the procedures EPA will follow in approving, revising, and withdrawing approval of State or Tribal programs. (b) For State or Tribal lead-based paint training and certification programs, a State or Indian Tribe may seek authorization to administer and enforce 745.225, 745.226, and 745.227. The provisions of 745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 shall be applicable for the purposes of such program authorization. (c) For State or Tribal pre-renovation notification programs, a State or Indian Tribe may seek authorization to administer and enforce regulations developed pursuant to TSCA section 406. (d) A state or Indian Tribe applying for program authorization may seek either interim approval or final approval of the compliance and enforcement portion of the State or Tribal lead-based paint program pursuant to the procedures at 745.327(a). (e) State or Tribal submissions for program authorization shall comply with the procedures set out in this subpart. (f) Any State or Tribal program approved by the Administrator under this subpart shall at all times comply with the requirements of this subpart.

(g) In many cases, States will lack authority to regulate activities in Indian Country. This lack of authority does not impair a State's ability to obtain full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State or Indian Tribe has been granted program authorization by EPA. 745.323 Definitions. The definitions in subpart A apply to this subpart. In addition, the definitions in 745.223, and the following definitions apply: Indian country means (1) all land within the limits of any American Indian reservation under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and including rights-of-way running throughout the reservation. (2) All dependent Indian communities within the borders of the United States whether within or outside the limits of a State; and (3) all Indian allotments, the Indian titles which have not been extinguished, including rights-of-way running through the same. Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary of the Interior and exercising substantial governmental duties and powers. 745.324 Authorization of State or Tribal programs. (a) Application Content and Procedures. (1) Any State or Indian Tribe that seeks authorization from EPA to administer and enforce any provisions of subpart L of this part for section 402(a) of TSCA or the provisions of regulations developed under section 406 of TSCA, shall submit an application to the Administrator in accordance with the procedures of this paragraph (a). (2) Before developing an application for authorization, a State or Indian Tribe shall disseminate a public notice of intent to seek such authorization and provide an opportunity for a public hearing. (3) A State or Tribal application shall include: (i) A transmittal letter from the State Governor or Tribal Chairperson (or equivalent official) requesting program approval. (ii) A summary of the State or Tribal program. This summary will be used to provide notice to the residents of the State or Tribe. (iii) A description of the State or Tribal program in accordance with paragraph (b) of this section.

(iv) An Attorney General's or Tribal Counsel's (or equivalent) statement in accordance with paragraph (c) of this section. (v) Copies of all applicable State or Tribal statutes, regulations, standards and other materials that provide the State or Indian Tribe with the authority to administer and enforce a lead-based paint program. (4) After submitting an application, the agency will publish a Federal Register notice that contains an announcement of the receipt of the State or Tribal Application, the summary of the program as provided by the State or Tribe and a request for public comments to be mailed to the appropriate EPA Regional Office. This comment period shall last for no less than 45 days. EPA will consider these comments during its review of the State or Tribal Application. (5) Within 60 days of submission of a State or Tribal application, EPA will, if requested, conduct a public hearing in each State or Indian Country seeking program authorization and will consider all comments submitted at that hearing during the review of the State or Tribal application. (b) Program Description A State or Indian Tribe seeking to administer and enforce a program under this subpart must submit a description of the program. The description of the State or Tribal program must include: (1)(i) The name of the State or Tribal agency that is or will be responsible for administering and enforcing the program, the name the official in that agency, designated as the point of contact with EPA and addresses and phone numbers where this official can be contacted. (ii) Where more than one agency is or will be responsible for administering and enforcing the program, the State or Indian Tribe must designate a primary agency to oversee and coordinate administration and enforcement of the State program and serve as the primary contact with EPA. (iii) In the event that more than one agency is or will be responsible for administering and enforcing the program, the application must also include a description of the functions to be performed by each agency. The description shall explain how the program will be coordinated by the primary agency to ensure consistency and effective administration of the lead-based paint training accreditation and certification program within the State or Indian Tribe. (2) To demonstrate that the State or Tribal program is at least as protective of human health and the environment as the Federal program, fulfilling the criteria in paragraph (e)(2) of this section, The State or Tribal application must include:

(i) A description of the program that demonstrates that the program contains all of the elements specified in 745.325, 745.326, or both; and (ii) Analysis of the State or Tribal program that compares the program to the Federal program in subpart L of this part, regulations developed pursuant to TSCA section 406, or both. This analysis shall demonstrate how the program is, in the State's or Indian Tribe's assessment, at least as protective as the elements in the Federal program at subpart L of this part, regulations developed pursuant to TSCA section 406 or both. EPA will use this analysis to evaluate the effectiveness of the State or Tribal program in making its determination pursuant to paragraph (e)(2)(i) of this section. (3) To demonstrate that the State or Tribal program provides adequate enforcement, fulfilling the criteria in (e)(2)(ii) of this section, State or Tribal application must include a description of the State or Tribal lead-based paint compliance and enforcement program that demonstrates that the program contains all of the elements specified at 745.327. This description shall include copies of all policies, certifications, plans, reports, and other materials that demonstrate that the State or Tribal program contains all of the elements specified at 745.327. (4)(i) The program description for an Indian Tribe shall also include a map, legal description, or other information sufficient to identify the geographical extent of the territory over which the Indian Tribe exercises jurisdiction. (ii) The program description for an Indian Tribe shall also include a demonstration that the Indian Tribe: (A) Is recognized by the Secretary of the Interior. (B) Has an existing government exercising substantial governmental duties and powers. (C) has adequate civil regulatory jurisdiction (as shown in the Tribal legal certification in paragraph (c)(2) of this section) over the subject matter and entities regulated. (D) Is reasonably expected to be capable of administering the Federal program for which it is seeking authorization. (iii) If the Administrator has previously determined that an Indian Tribe has met the prerequisites in paragraphs (b)(4)(ii)(A) and (B) of this section for another EPA program, the Indian Tribe need provide only that information unique to the lead-based paint program required by paragraphs (b)(4)(ii)(C) and (D) of this section.

(c) Attorney General's statement. (1) A State or Indian Tribe must submit a written statement signed by the Attorney General or Tribal Counsel (or equivalent) certifying that the laws and regulations of the State or Indian Tribe provide adequate legal authority to administer and enforce the State or Tribal program. This statement shall include citations of the specific statutes and regulations providing that legal authority. (2) The tribal legal certification (the equivalent to the Attorney General's statement) may also be submitted and signed by an independent attorney retained by the Indian Tribe for representation in matters before EPA or the courts pertaining to the Indian Tribe's program. The certification shall include an assertion that the attorney has the authority to represent the Indian Tribe with respect to the Indian Tribe's authorization application. (3) If a State's application seeks approval of its program to operate in Indian Country, the required legal certification should include an analysis of the applicant's authority to implement its provisions in Indian Country. The applicant shall include a map delineating the area over which it seeks to operate the program. (d) Program certification. (1) At the time of submitting an application, the State may also certify to the Administrator that the State program meets the requirements contained in paragraphs (e)(2)(i) and (e)(2)(ii) of this section. (2) If this certification is contained in a State's application, the program shall be deemed to be authorized by EPA, until such time as the Administrator disapproves the program or withdraws the program authorization. A program shall not be deemed authorized pursuant to this subpart to the extent that jurisdiction is asserted over Indian Country, including non-member fee lands within an Indian Reservation. (3) If the application does not contain such certification, the State program will be authorized only after the Administrator authorizes the program in accordance with paragraph (e) of this section. (4) This certification shall take the form of a letter from the Governor or the Attorney General to the Administrator. The certification shall reference the program analysis in paragraph (b)(3) of this section as the basis for concluding that the State program is at least as protective as the Federal Program and provides adequate enforcement. (e) EPA approval. (1) EPA will fully review and consider all portions of a State or Tribal application. (2) Within 180 days of receipt of a complete State or Tribal application, the Administrator shall either authorize the program or disapprove the application. The Administrator may authorize the program, after notice and the opportunity for public comment and a public hearing, only if the Administrator finds that: (i)(A) In the case of an application to authorize the State to administer and enforce the provisions of subpart L of this part, the State or Tribal program is at least as protective of human

health and the environment as the corresponding Federal program under subpart L of this part; and/or (B) In the case of an application to authorize the State or Indian Tribe to administer and enforce the regulations developed pursuant to TSCA section 406, the State or Tribal program is at least as protective of human health and the environment as the Federal regulations developed under TSCA section 406. (ii) The State or Tribal program provides adequate enforcement. (3) EPA shall notify the State or Indian Tribe of the Administrator's decision to authorize the State or Tribal program or disapprove the State or Indian Tribe's application. Upon authorization of a State program, it shall be a violation of Federal law for any person to fail or refuse to comply with any requirement of such program. (4) If the State or Indian Tribe applies for authorization of State or Tribal programs under both subparts L and regulations developed pursuant to TSCA section 406. EPA may, as appropriate, authorize one program and disapprove the other. EPA may authorize one program and disapprove the other. (f) EPA administration and enforcement (1) If a State or Indian Tribe does not have an authorized program to administer and enforce subpart L of this part in effect by August 31, 1998, the Administrator shall, by such date, establish and enforce the provisions of subpart L of this part as the Federal program for that State or Indian Country. (2) If a State or Indian Tribe does not have an authorized program to administer and enforce regulations developed pursuant to TSCA section 406 in effect by August 31, 1998, the Administrator shall, by such date, establish and enforce the provisions of regulations developed pursuant to TSCA section 406 as the Federal program for that State or Indian Country.

(3) Upon authorization of a State or Tribal program, pursuant to paragraph (d) or (e) of this section, it shall be an unlawful act under sections 15 and 409 of TSCA for any person to fail or refuse to comply with any requirements of such program. (g) Oversight. EPA shall periodically evaluate the adequacy of a State's or Indian Tribe's implementation and enforcement of its authorized programs. (h) Reports. Beginning 12 months after the date of program authorization, the primary agency for each State or Indian Tribe that has an authorized program shall submit a written report to the EPA Regional Administrator for the Region in which the State or Indian Tribe is located: This report shall be submitted once every 12 months for the first 3 years after program authorization. If these reports demonstrate successful program implementation, the Agency will automatically extend the reporting interval to every 2 years. If the subsequent reports demonstrate problems with implementation, EPA will require a return to annual reporting until the reports demonstrate successful program implementation, at which time the Agency will extend the reporting interval to every 2 years. The report shall contain the following information: (1) Any significant changes in the content or administration of the State or Tribal, program implemented since the last reporting period; and (2) All information regarding the lead-based paint enforcement and compliance activities listed at 745.327 (d) "Summary on Progress and Performance" (i) Withdrawal of authorization. (1) If EPA concludes that a State or Indian Tribe is not administering and enforcing an authorized program in compliance with the standards, regulations, and other requirements of sections 401 through 412 of TSCA and this subpart, the Administrator shall notify the primary agency in the State or Indian Tribe in writing and indicate EPA'S intent to withdraw authorization of the program. (2) The notice of intent to withdraw shall: (i) Identify the program aspects that EPA believes are inadequate and provide a factual basis for such findings. (ii) Include copies of relevant documents. (iii) Provide an opportunity for the State or Indian Tribe to respond either in writing or at a meeting with appropriate EPA officials. (3) EPA may request that an informal conference be held between representatives of the State or Indian Tribe and EPA officials. (4) Prior to issuance of a withdrawal, a State or Indian Tribe may request that EPA hold a public hearing. At this hearing, EPA, the State or Indian Tribe, and the public may present facts bearing on whether the State's or Indian Tribe's authorization should be withdrawn. (5) If EPA finds that deficiencies warranting withdrawal did not exist or were corrected by the State or Indian Tribe, EPA may rescind its Notice of Intent to withdraw authorization.

(6) Where EPA finds that deficiencies in the State program exist that warrant withdrawal, an agreement to correct the deficiencies shall be jointly prepared by the State or Indian Tribe and EPA. The agreement shall describe the deficiencies found in the program, specify the steps the State or Indian Tribe has taken or will take to remedy the deficiencies, and establish a schedule, no longer than 180 days, for each remedial action to be initiated. (7) If the State or Indian Tribe does not respond within 60 days of issuance of the Notice of Intent to withdraw, or an agreement is not reached within 180 days after EPA determines that a State or Indian Tribe is not in compliance with the Federal program, agency shall issue an order withdrawing the State's or Indian Tribe's authorization. (8) By the date of such order, the Administrator shall establish and enforce the provisions of subpart L of this part or regulations developed pursuant to TSCA section 406, or both as the Federal program for that State or Indian Country. 745.325 Lead-based paint activities: State and Tribal Program requirements. (a) Program Elements To receive authorization from EPA, a State or Tribal Program must contain at least the following program elements for lead-based paint activities: (1) Procedures and requirements for the accreditation of lead-based paint activities training programs. (2) Procedures and requirements for the certification of individuals engaged in lead-based paint activities. (3) Work practice standards for the conduct of lead-based paint activities. (4) Requirements that all lead-based paint activities be conducted by appropriately certified contractors.

(5) Development of the appropriate infrastructure or government capacity to effectively carry out a State or Tribal program. (b) Accreditation of training programs. The State or Indian Tribe must have either: (1) Procedures and requirements for the accreditation of training providers that establish: (i) Requirements for the accreditation of training providers, including but not limited to: (A) Training curriculum requirements. (B) Training hour requirements. (C) Trainee competency and proficiency requirements. (D) Requirements for Tribal program quality control. (ii) Procedures for the re-accreditation of training providers. (iii) Procedures for the oversight of training providers. (iv) Procedures for the suspension of Tribal program accreditations; or (2) Procedures or regulations for the purposes of certification, for the acceptance of training offered by an accredited training provider in a State or Tribe authorized by EPA. (c) Certification of individuals. The State or Indian Tribe must have requirements for the certification of individuals that: (1) Ensure that certified individuals: (i) Are trained by an accredited Tribal program; and (ii) Possess appropriate education or experience qualifications for certification. (2) Establish procedures for re-certification. (3) Require the conduct of lead-based paint activities in Accordance with work practice standards established by the State or Indian Tribe. (4) Establish procedures for the suspension, revocation or modification of certifications. (5) Establish requirements and procedures for the administration of a third-party certification exam.

(d) Work practice standards for the conduct of lead-based paint activities. The State or Indian Tribe must have requirements or standards that ensure that lead-based paint activities are conducted reliably, effectively, and safely. At a minimum, the State's or Indian Tribe's work practice standards for conducting inspections, risk assessments, and abatements must contain the requirements specified in paragraphs (d)(1), (d)(2), and (d)(3) of this section. (1) The work practice standards for the inspection for the presence of lead-based paint must requirement that: (i) Inspections are conducted only by individuals certified by the appropriate State of Tribal Authority to conduct inspections. (ii) Inspections are conducted in a way that identifies the presence of lead-based paint on painted surfaces within the interior or on the exterior of a residential dwelling or child-occupied facility. (iii) Inspections are conducted in a way that uses documented methodologies that incorporate adequate quality control procedures. (iv) A report is developed that clearly documents the results of the inspection. (v) Records are retained by the certified inspector or the firm. (2) The work practice standards for risk assessment must requirement that: (i) Risk assessments are conducted only by individuals certified by the appropriate State or Tribal authority to conduct risk assessments. (ii) Risk assessments are conducted in a way that identifies and reports the presence of lead-based paint hazards. (iii) Risk assessments consist of at least: (A) An assessment, including a visual inspection of the physical characteristics of the residential dwelling or child-occupied facility; and (B) Environmental sampling for lead in paint, dust, and soil. (iv) The risk assessor develops a report that clearly presents the results of the assessment and recommendations for the control and elimination of all identified hazards. (iv) The certified risk assessor or the firm retains the appropriate records.

(3) The work practice standards for abatement must require that: (i) Abatements are conducted only by individuals certified by the appropriate State or Tribal authority to conduct or supervise abatements. (ii) Abatements permanently eliminate lead-based paint hazards and are conducted in a way that does not increase the hazards of lead-based paint to the occupants of the dwelling or child-occupied facility. (iii) Abatements include post-abatement lead in dust clearance sampling and conformance of clearance levels established or adopted by the State or Indian Tribe. (iv) The abatement contractor develops a report that describes areas of the residential dwelling or child-occupied facility abated and the techniques employed. (v) The certified abatement contractor or the firm retains appropriate records. 745.326 Pre-renovation notification: State and Indian Tribal program requirements. (a) Program elements. To receive authorization from EPA, a State or Tribal program must contain the following program elements for renovation disclosure: (1) Procedures and requirements for the distribution of lead hazard information to owners and occupants of target housing before renovations for compensation; and (2) An approved lead hazard information pamphlet meeting the requirements of section 406 of TSCA, as determined by EPA. EPA will provide States or Tribes with guidance on what is necessary for a State or Tribal pamphlet approval application. (b) Program to distribute lead information. To be considered at least as protective as the Federal requirements for pre-renovation distribution of information, the State or Indian Tribe must have procedures and requirements that establish: (1) Clear standards for identifying home improvement activities that trigger the pamphlet distribution requirements; and (2) Procedures for distributing the lead hazard information to owners and occupants of the housing prior to renovation activities.

(c) Distribution of acceptable lead hazard information. To be considered at least as protective as the Federal requirements for the distribution of a lead hazard information pamphlet, the State or Indian Tribe must either: (1) Distribute the lead hazard information pamphlet developed by EPA under section 406 of TSCA, titled Protect Your Family for Lead in Your Home; or (2) Distribute an alternate pamphlet or package of lead hazard information that has been submitted by State or Tribe, reviewed by EPA, and approved by EPA for use in that State or Tribe. Such information must meet the content requirements prescribed by section 406 of TSCA and be in a format that is readable to the diverse audience of housing owners and occupants in that State or Tribe. 745.327 State or Indian Tribe lead-based paint compliance and enforcement programs (a) Approval of compliance and enforcement programs. A State or Indian Tribe seeking authorization of a lead-based paint program can apply for and receive either interim or final approval of the compliance and enforcement portion of its lead-based paint program. Indian Tribes are not required to exercise criminal enforcement jurisdiction as a condition for program authorization. (1) Interim approval. Interim approval of the compliance and enforcement portion of the State or Tribal lead-based paint program may be granted by EPA only once, and subject to a specific expiration date. (i) To be considered adequate for purposes of obtaining interim approval for the compliance and enforcement portion of the State or Tribal lead-based paint program, a State or Indian Tribe must in its application described at 745.324: (A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraph (b) of this section. This demonstration shall include a statement that the State or Indian Tribe, during the interim approval period, shall carry out a level of compliance monitoring and enforcement necessary to ensure that the State or Indian Tribe addresses any significant risks posed by non-compliance with lead-based paint activity requirements.

(B) Present a plan with time frames identified for implementing in the field each element in paragraph (c) of this section. All elements of paragraph (c) of this section must be fully implemented no later than 3 years from the date of EPA's interim approval of the compliance and enforcement portion of the State or Tribal lead-based paint program. A statement of resources must be included in the State or Tribal plan which identifies what resources the State or Indian Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program. (C) Agree to submit to EPA the Summary on Progress and Performance of lead-based paint compliance and enforcement activities as described at paragraph (d) of this section. (ii) Any interim approval granted by EPA for the compliance and enforcement portion of a State or Tribal lead-based paint program will expire no later than 3 years from the date of EPA's interim approval. One hundred and eighty days prior to this expiration date, a State or Indian Tribe shall apply to EPA for final approval of the compliance and enforcement portion of the State or Tribal lead-based paint program. Final approval shall be given to any State or Indian Tribe which has in place all of the elements of paragraphs (b), (c), and (d) of this section. If a State or Indian Tribe does not receive full approval for the compliance and enforcement portion of a State or Tribal lead-based paint program by the date 3 years after the date of EPA's interim approval, the Administrator shall, by such date, initiate the process to withdraw the State or Indian Tribe's authorization pursuant to 745.324(i). (2) Final approval. Final approval of the compliance and enforcement portion of the State or Tribal lead-based paint program can be granted by EPA either through the application process described in 745.324 or for State or Indian Tribes which previously received interim approval as described in paragraph (a)(1) of this section, through a separate application addressing only the compliance and enforcement portion of the State or Tribal lead-based paint program. (i) For the compliance and enforcement program to be considered adequate for final approval through the application described in 745.324(a), a State or Indian Tribe must, it its application: (A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraphs (b) and (c) of this section. (B) Submit a statement of resources which identifies which resources the State or Indian Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program. (C) Agree to submit to EPA the Summary on Progress and Performance of lead-based paint compliance and enforcement activities as described at paragraph (d) of this section.

(ii) For State or Indian Tribes which previously received interim approval as described in paragraph (a)(1) of this section, in order for the State or Tribal compliance and enforcement program to be considered adequate for final approval through a separate application addressing only the compliance and enforcement program portion of a State or Tribal lead-based paint program, a State or Indian Tribe must, in its application: (A) Demonstrate that it has the legal authority and ability to immediately implement the elements in paragraphs (b) and (c) of this section. (B) Submit a statement which identifies the resources the State or Indian Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program. (C) Agree to submit to EPA the Summary on Progress and Performance of lead-based paint compliance and enforcement activities as described at paragraph (d) of this section. (D) To the extent no previously submitted through the application described in 745.324(a), submit copies of all applicable State or Tribal statutes, regulations, standards and other material that provide the State or Indian Tribe with authority to administer and enforce the lead-based paint compliance and enforcement program, and copies of the policies, certifications, plans, reports, and any other documents that demonstrate that the program meets the requirements established in paragraphs (b) and (c) of this section. (b) Standards, regulations, and authority. The standards, regulations, and authority described in paragraphs (b)(1) through (b)(4) of this section are part of the required elements for the compliance and enforcement portion of a State or Indian Tribe lead-based paint program. (1) Lead-based paint activities and requirements. State or Tribal lead-based paint compliance and enforcement programs will be considered adequate if the State or Indian Tribe demonstrates, in its application at 745.324(a), that it has established a lead-based paint program containing the following requirements: (i) Accreditation of training programs as described at 745.325(b). (ii) Certification of individuals engaged in lead-based paint activities as described at 745.325(c). (iii) Standards for the conduct of lead-based paint activities as described at 745.325(d); and as appropriate, (iv) Requirements that regulate the conduct of pre-renovation notification activities as described at 745.326.

(2) Authority to enter. State or Tribal officials must be able to enter, through consent, warrant, or other authority, premises or facilities where lead-based paint activities violations may occur for purposes of conducting inspections. (i) State or Tribal officials must be able to enter premises or facilities where those engaged in training for lead-based paint activities conduct business. (ii) For the purpose of enforcing a pre-renovation notification program, State or Indian Tribes must be able to enter a renovator's place of business. (iii) State or Tribal officials must have authority to take samples and review records as part of the lead-based paint activities inspection process. (3) Flexible remedies. A State or Tribal lead-based paint compliance and enforcement program must provide for a diverse and flexible array of enforcement remedies. At a minimum, the remedies that must be reflected in an enforcement response policy must include the following: (i) Warning letters. Notices of Noncompliance, Notices of Violation, or the equivalent. (ii) Administrative or civil actions, including penalty authority (e.g. accreditation or certification suspension, revocation, or modification); and (iii) Authority to apply criminal sanctions or other criminal authority using existing State or Tribal laws, as applicable. (4) Adequate resources. An application must include a statement that identifies the resources that will be devoted by the State or Indian Tribe to the administration of the State or Tribal lead-based paint compliance and enforcement program. This statement must address fiscal and personnel resources that will be devoted to the program.

(c) Performance elements. The performance elements described in paragraphs (c)(1) through (c)(7) of this section are part of the required elements for the compliance and enforcement program portion of a State or Tribal lead-based paint program. (1) Training. A State or Tribal lead-based paint compliance and enforcement program must implement a process for training enforcement and inspection personnel and ensure that enforcement personnel and inspectors are well trained. Enforcement personnel must understand case development procedures and the maintenance of proper case files. Inspectors must successfully demonstrate knowledge of the requirements of the particular discipline (e.g. abatement supervisor and / or, abatement worker and/or lead-based paint inspector and/or risk assessor, and/or project designer) for which they have compliance monitoring and enforcement responsibilities. Inspectors must also be trained in violation discovery, methods of obtaining consent, evidence gathering, preservation of evidence and chain-of-custody and sampling procedures. A State or Tribal lead-based paint compliance and enforcement program must also implement a process for the continuing education of enforcement and inspection personnel. (2) Compliance assistance. A State or Tribal lead-based paint compliance and enforcement program must provide compliance assistance to the public and the regulated community to facilitate awareness and understanding of and compliance with State or Tribal requirements governing the conduct of lead-based paint activities. The type and nature of this assistance can be defined by the State or Indian Tribe to achieve this goal. (3) Sampling techniques. A State or Tribal lead-based paint compliance and enforcement program must have the technological capability to ensure compliance with the lead-based paint program requirements. A State or Tribal application for approval of a lead-based paint program must show that the State or Indian Tribe is technologically capable of conducting a lead-based paint compliance and enforcement program. The State or Indian Tribe must have access to the facilities and equipment necessary to perform sampling and laboratory analysis as needed. This laboratory facility must be a recognized laboratory as defined at 745.223, or the State or Indian Tribe must implement a quality assurance program that ensures appropriate quality of laboratory personnel and protects the integrity of the analytical data. (4) Tracking tips and complaints. A State or Indian Tribe lead-based paint compliance and enforcement program must demonstrate the ability to process and react to tips and complaints or other information indicating a violation.

(5) Targeting inspections. A State or Tribal lead-based paint compliance and enforcement program must demonstrate the ability to target inspections to ensure compliance with the lead-based paint program requirements. Such targeting must include a method for obtaining and using notifications of commencement of abatement activities. (6) Follow up inspection reports. A State or Tribal lead-based paint compliance and enforcement program must demonstrate the ability to reasonably, and in a timely manner, process and follow- up on inspection reports and other information generated through enforcement -related activities associated with a lead-based paint program. The State or Tribal program must be in a position to ensure correction of violations and, as appropriate, effectively develop and issue enforcement remedies/responses to follow up on the identification of violations. (7) Compliance monitoring and enforcement. A State or Tribal lead-based paint compliance and enforcement program must demonstrate, in its application for approval, that it is in a position to implement a compliance monitoring and enforcement program. Such a compliance monitoring and enforcement program must ensure correction of violations and encompass either planned and/or responsive lead-based paint compliance inspections and development/issuance of State or Tribal enforcement responses which are appropriate to the violation. (d) Summary on Progress and Performance. The Summary on Progress and Performance describe below is part of the required elements for the compliance and enforcement program portion of a State or Tribal lead-based paint program. A State or Tribal lead-based paint compliance and enforcement program must submit to the appropriate EPA Regional Administrator a report which summarizes the results of implementing the State or Indian Tribe lead-based paint compliance and enforcement program, including a summary of the scope of the regulated community with the State or Indian Tribe (which would include the number of individuals and firms certified in lead-based paint activities and the number of training programs accredited), the inspections conducted, enforcement actions taken, compliance assistance provided, and the level of resources committed by the State or Indian Tribe to these activities. The report shall be submitted according to the requirements of 745.324(H).

(e) Memorandum of Agreement. An Indian Tribe that obtains program approval must establish a Memorandum of Agreement with the Regional Administrator. The Memorandum of Agreement shall be executed by the Indian Tribe's counterpart to the State Director (e.g., the Director of Tribal Environmental Office, Program or Agency). The Memorandum of Agreement must include provisions for the timely and appropriate referral to the Regional Administrator for those criminal enforcement matters where that Indian Tribe does not have the authority (e.g. those addressing criminal violations by non-Indians or violations meriting penalties over $5,000). The Agreement must also identify any enforcement agreements that may exist between the Indian Tribe and any State. 745.330 Grants. The administrator, or a designated equivalent, may make grants to States and Indian Tribes, that meet the requirements of 745.324(e)(2)(i) and (e)(2)(ii), under section 404(g) of TSCA to develop and carry out programs authorized pursuant to this subpart. Grants made under this section are subject to the requirements of 40 CFR part 31. 745.339 Effective dates. States and Indian Tribes may seek authorization to administer and enforce subpart L pursuant to this subpart effective October 28, 1996.

Additional Study Topics

1. Properties of lead: prevents corrosion 2. Sources of lead: industry, gas, paint 3. Lead in pure form: gray, metallic heavy soft gray solid. 4. Purpose of lead pigment in paint: color, opacity, texture 5.Lead can be found in food containers, glazing pottery, etc. 6. lead can be found in varnishes. 7. When were the HUD Guidelines last revised?

I. JUNE 1995 plus chapter 7 was revised in 1997 J. 1992 K. 1999 L. 2012

8. Identify parts of a unit: e.g. window apron.

2. If a 6x12 inch dust sample was taken, and the lab found 10 micrograms of lead in the sample, what was the final result in micrograms per sq. ft?

10. How does AA work? The flame measures the energy absorbed and converts it into the concentration.

3. If a substrate correction is used for the XRF reading and the substrate correction is 0.4 mg/cm2 and the apparent lead concentration read is 1.6 mg/cm2, what is the corrected lead concentration? 1.2

4. What protection do you need when using a heat gun? A respirator.

12/ If you took 20 lead dust samples, how many blanks are needed? 2

5. When do you calibrate the XRF? At the start of a job, every 4 hours and at the end of the job. If you shut it off do you need to calibrate again? yes.

More questions for the Lead Supervisor Exam: Best advice: Read the OSHA Asbestos Standard 29 CFR 1926.62 1. What is the objective of Title 10? Elimination of lead hazards from housing 2. What is the greatest lead exposure of adults?

3. What is the action level? The PEL? 4. How often is lead personal sampling required? 5. Who is responsible for providing and enforcing PPE use? The supervisor. 6. How long are benefits provided to workers during medical withdrawal? Up to 18 months or as long as the job continues for each removal. 7. What blood level requires medical withdrawal? 50 ug/dl 8. What blood level must be reached before workers can return to lead work? 40 ug/dl 9. PF of half face respirator. 10. What respirator can’t you use above the PEL? A. ½ face NPR with HEPA filter B. PAPR with HEPA filter e. SCBA 11. Initial blood lead level is 12, then 13 then 15 then 19 then 20. What do you do? Observation of work habits, fit testing again, counseling. 12. How often is fit testing required for the lead respirator? 13. What airborne concentration of lead requires protective clothing? 14, If clothing is going to be laundered, what should you do? 15. What is not target housing that was built before 1978? 16. What are HUD clearance levels for floors, sills and troughs? Troughs=wells=stools 17. When do you fit check (seal check) your respirator? 18. Medical: pulmonary function test needed for respirator approval. 19. TCLP testing: stands for? What is the standard for lead? 20. How long do you need to keep medical records? During employment plus 30 years. 21. What is RCRA? 22. How many layers of floor poly? 23. Review Decon units 24. Where do you put critical barriers? Windows ,doors, vents, openings. 25. What does lock out tag out mean? 26. When is the area ready for clearance? 27. How do you clean the work area: ceiling to floor, 28. What do you do when a worker refuses to wear a respirator? 29. Review symptoms of lead poisoning. 30. How long can small quantity generator store waste? 31. When do you evaluate a community relations program? Continuously.