Ala. Admin. Code r. 420-3-27-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-27-.10 - Standards For Conducting Lead Hazard Reduction Activities In Target Housing And Child-Occupied Facilities

(1) All lead hazard reduction activities shall be performed pursuant to the work practice standards contained in this section.

(2) When performing any lead hazard reduction activity, an accredited individual of a certified firm must perform that activity in compliance with the appropriate documented methodologies. Documented methodologies appropriate for this section are found in:

(a) The U. S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, and Chapter 7 Lead-Based Paint Inspection.

(b) The U.S. Environmental Protection Agency (EPA) 40 CFR Part 745 Lead; Identification of Dangerous Levels of Lead; Final Rule.

(3) Types of detection/testing methods include but are not limited to:

(a)Laboratory analysis. Only NLLAP-approved laboratories recognized by the EPA pursuant to Section 405(b) TSCA, as capable of performing analysis for lead compounds in paint chip, dust, and soil samples may be used. Each sample must be accompanied by a chain-of-custody documentation.

(b)X-ray fluorescence (XRF) spectroscopy. XRF instruments may be used for on-site lead detection following the manufacturer's protocol. Inconclusive or questionable results should be verified through the testing of paint chip samples by a NLLAP-approved laboratory. This paragraph shall not be construed as to relieve the XRF user of any duty to comply with other applicable requirements. XRF testing is not approved at this time for clearance purposes. Should EPA approve XRF methodology for clearance testing it will be adopted by reference.

(4)Clearance levels. The EPA Standards on Residential Lead-Based Paint, Lead Contaminated Dust, and Lead Contaminated Soil, or other equivalent standards according to Lead; Identification of Dangerous Levels of Lead or according to 40 CFR § 745.227.

(5)Authority to Enter. The Health Officer or his designee, after proper identification, shall be permitted to enter an abatement area at any reasonable time for the purpose of conducting investigations to determine compliance with these rules. The Health Officer or his designee, shall be permitted to examine the records of the firm to determine compliance with these rules.

(6)Inspection. A lead-based paint inspection shall be conducted only by persons accredited by Safe State and registered as an inspector or risk assessor, and must be conducted under a certified firm according to the procedures in this Section.

(a) When conducting a lead-based paint inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:

1. For every residential dwelling and child-occupied facility, each component with a distinct painting history in every room 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 1977, or to not contain lead-based paint; and

2. If conducting an inspection in a child-occupied facility or multi-family dwelling, all components with a distinct painting history in every common area except those components that the inspector or risk assessor determines to have been replaced after 1977, or to not contain lead-based paint.

(i) The collection and analysis of paint samples to determine the presence of lead-based paint shall be conducted using documented methodologies which incorporate adequate quality control procedures as stated in paragraph (2) of this Section.

(ii) The accredited inspector shall prepare an inspection report which shall include the following information:

I. Date of inspection.

II. Addresses of buildings and units, including street address or location, city, county, and state.

III. Date of construction of buildings and units.

IV. Unit numbers (if applicable).

V. Name, address, and telephone number of the owner and property manager of buildings and units.

VI. Name and signature of each accredited inspector and risk assessor conducting testing, including accreditation number and registration expiration date.

VII. Name, address, telephone number, and the Department issued certification number of the certified firm employing each inspector or risk assessor.

VIII. Name, address, and telephone number of each NLLAP-approved laboratory conducting an analysis of collected samples.

IX. Each testing method and device and sampling procedure employed for paint analysis, including quality control data, and if used, the make, model, and serial number of any XRF device.

X. Specific locations of each painted component tested for the presence of lead-based paint.

XI. The results of the inspection expressed according to the sampling method used.

(7)Lead hazard screens can only be conducted by persons accredited and registered by Safe State as a risk assessor, and must be conducted under a certified firm as follows:

(a) Background information regarding the physical characteristics and occupant use patterns of the residential unit or child-occupied facility that may cause lead-based paint exposure to one or more children age 6 and under; and a visual inspection of the unit shall be conducted to determine if any deteriorated paint is present, and to locate at least two dust sampling locations. Background information shall also include a schematic site plan, the age of the original structure and its additions, and a copy of any previous lead-based paint test results.

(b) If paint in poor condition is present, each surface with deteriorated paint shall be tested for the presence of lead-based paint using documented methodologies which incorporate adequate quality control procedures.

(c) In residential dwellings, dust samples shall be collected, one from the floors and the other from the windows, in rooms or areas where children age 6 and under are most likely to come in contact with dust.

(d) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples, the risk assessor shall also collect dust samples in common areas where one or more children age 6 and under are most likely to come in contact with dust.

(e) Dust and paint samples shall be collected using documented methodologies that incorporate adequate quality control procedures and shall be analyzed by a NLLAP-approved laboratory to determine the presence of a quantifiable amount of lead.

(f) The threshold for lead hazard screens will be according to Section 420-3-27-.13 of this chapter.

(g) The risk assessor shall prepare a lead hazard screen report which shall include all relevant information as listed in paragraph (8) of this section and recommendations for a follow-up risk assessment, if warranted, and any further actions as appropriate.

(8)Risk assessments shall be conducted only by persons accredited and registered by Safe State as a risk assessor, and conducted under a certified firm as follows:

(a) A visual inspection of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of paint in poor condition, assess the extent and causes of the deterioration, and other potential sources of lead-based paint hazards.

(b) Background information, regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may pose a lead-based paint hazard to children age 6 years and under, shall be collected.

(c) Each surface with paint in poor condition, and with a distinct painting history, shall be tested for the presence of lead. All other surfaces determined to be a potential lead-based paint hazard and having a distinct painting history, shall be tested for the presence of lead.

(d) For single-family dwelling, dust samples from the window sills, window troughs (wells), and/or floors shall be collected in all living areas where children age six and under are most likely to come into contact with dust.

(e) For multi-family dwellings and child-occupied facilities, the samples required in the above paragraph shall be taken. In addition, window and floor dust samples shall be collected in the following locations:

1. Common areas adjacent to the sampled residential dwelling or child-occupied facility; and

2. Other common areas in the building where the risk assessor determines that one or more children, age 6 years and under, are likely to come into contact with dust.

(f) For child-occupied facilities, window and floor samples shall be collected in each room, hallway, or stairwell utilized by one or more children, 6 years of age or younger, and in other common areas in the child-occupied facility where the risk assessor determines one or more children, age 6 or under are likely to come into contact with dust.

(g) Dust and paint samples shall be collected using documented methodologies that incorporate adequate quality control procedures and shall be analyzed by a NLLAP-approved laboratory to determine the presence of a quantifiable amount of lead.

(h) Soil samples shall be collected and analyzed for lead concentrations in the following locations:

1. Exterior play areas where bare soil is present; and

2. Dripline/foundation areas where bare soil is present. The rest of the yard (i.e., non-play areas) where bare soil is present.

(i) Soil samples shall be collected using documented methodologies that incorporate adequate quality control procedures and shall be analyzed by a NLLAP-approved laboratory to determine the presence of a quantifiable amount of lead.

(j) Any paint, dust, or soil samples shall be taken using documented methodologies that incorporate adequate quality control procedures.

(k) The accredited risk assessor shall prepare a risk assessment report which shall include the following information:

1. Date of assessment.

2. Addresses of residences and buildings.

3. Date of construction of residences and buildings.

4. Unit numbers (if applicable).

5. Name, address, and telephone number of the owner of residences and buildings.

6. Name, signature, and accreditation number of the risk assessor conducting the assessment.

7. Name, address, telephone number, and certification number of the certified firm employing each risk assessor.

8. Name, address, and telephone number of each NLLAP-approved laboratory conducting analyses of collected samples.

9. Results of the visual inspection.

10. Testing method and sampling procedure for paint analysis employed.

11. Specific locations of each painted component tested for the presence of lead-based paint.

12. All data collected from on-site testing (including XRF serial number and quality control data, if used).

13. All results of laboratory analysis on collected paint, soil, and dust samples.

14. Any other sampling results.

15. Any background information collected pursuant to (b) of this Section.

16. To the extent that they are utilized as part of the lead-based paint hazard determination, an evaluation of the adequacy of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-related hazards.

17. A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards.

18. A description of recommended interim controls and abatement options for each identified lead-based paint hazard, and a suggested prioritization for taking each action based on the immediacy and severity of the hazard.

19. Any other information deemed necessary.

(9)Abatement shall be conducted only by an individual accredited and registered by Safe State as a worker or supervisor, and shall be conducted under a certified firm as follows:

(a) Plans and specifications shall be unique and specific for each project and signed by an accredited project designer. Plans and specifications shall be submitted to the Department at least 15 calendar days prior to the commencement of abatement activities.

(b) An accredited 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 accredited supervisor shall be onsite or available by telephone, pager, or answering service and able to be present at the work site within 1 hour.

(c) The accredited supervisor, and the certified lead hazard reduction contractor or 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.

(d) Notification of the intent to perform lead-based paint abatement activities in child-occupied facilities, residential dwellings or as a result of a federal, state, or local order shall be given to the Department, according to the procedures established in 420-3-27-.11, prior to the commencement of abatement activities.

(e) A written occupant protection plan shall be developed by an accredited project designer or accredited supervisor for all abatement projects, and shall be prepared as follows:

1. The occupant's protection plan shall be unique to each residential dwelling, multi-family dwelling (with the same construction type, painting history, and abatement plan) or child-occupied facility and developed prior to the abatement; and

2. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants and their belongings from exposure to any lead-based paint hazards.

(f) The work practices listed below shall be restricted during abatement:

1. Open-flame burning or torching is prohibited.

2. Machine sanding, grinding, abrasive blasting, or sandblasting is prohibited unless used with High Efficiency Particulate Air(HEPA)exhaust control capable of removing particles of 0.3 microns or larger from air at 99.97 percent or greater efficiency.

3. Dry scraping of lead-based paint is permitted only in conjunction with heat guns, around electrical outlets, or when treating defective paint spots totaling no more than 2 square feet in any one room or no more than 20 square feet on exterior surfaces.

4. Operating a heat gun is permitted only at a temperature below 1100 degrees Fahrenheit.

5. Certain paint strippers as defined at 24 CFR 35.140 (Prohibited Methods of Pain Removal) of the HUD Lead Safe Housing Rule.

(g) If soil abatement is conducted, it must be performed in one of the following ways:

1. If soil is removed, the lead-contaminated soil shall be replaced with non-contaminated soil; or,

2. If soil is not removed, the contaminated soil shall be permanently covered.

(10)Post-abatement clearance procedures shall be performed by an accredited inspector or risk assessor of a certified firm in accordance with documented methodologies:

(a) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces, debris, residue, or visible amounts of dust are still present. If deteriorated painted surfaces, debris, residue, or visible amounts of dust are present, these conditions must be eliminated and re-cleaned prior to the continuation of the clearance procedures.

(b) Following the visual inspection, clearance sampling for dust shall also be conducted. Clearance sampling shall be conducted by single-surface sampling.

(c) Dust samples for clearance purposes shall be taken a minimum of one hour after completion of the final post abatement clean-up activities.

(d) The following locations shall be sampled for lead-contaminated dust and soil as appropriate based upon the extent or manner of abatement activities in or on the residential dwelling or child-occupied facility:

1. After conducting an abatement with containment between abated and unabated areas, one 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. If there are less than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, or stairwells shall be sampled. In addition, one sample shall be taken from the floor outside the containment area (within 10 feet of the containment area).

2. 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 sample shall be taken from one window (if available) and one floor of each room. If there are less than four rooms, hallways, or stairwells in the dwelling, all rooms, hallways, and stairwells shall be sampled.

3. Following an exterior paint abatement, a visual inspection shall be conducted. All horizontal surfaces 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 in accordance with applicable state standards. After visual inspection is completed a minimum of one exterior dust (exterior window troughs or porch floors), one interior dust and one composite soil sample shall be taken.

(e) Dust sampling shall be performed using documented methodologies which incorporate adequate quality control procedures.

(f) The accredited inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each dust and soil sample with applicable clearance levels. If the residual levels exceed the clearance level, all areas represented by the failed sample shall be recleaned and retested until clearance levels are met. If the residual soil levels exceed clearance standards, soil abatement must be accomplished.

(g) Soil sampling shall be performed according to documented methodology which incorporates adequate quality control procedures.

1. If soil abatement is performed the residual soil lead levels shall not exceed clearance standards.

2. If exterior lead abatement is performed, the residual soil lead levels shall not exceed clearance standards or pre-abatement soil lead levels.

(h) In multi-family dwellings with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance may be conducted provided:

1. The individuals who abate or clean the residential dwelling do not know which residential dwellings will be selected for the random sample.

2. 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.

(i) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures outlined in 420-3-27-.10(10)(d) and (f).

(j) Dust, paint, and soil samples shall be collected using documented methodologies that incorporate adequate quality control procedures and shall be analyzed by a NLLAP-approved laboratory to determine the presence of a quantifiable amount of lead.

(k) Management and disposal of abatement debris and waste shall be done using documented methods as outlined in the Resource Conservation Recovery Act (RCRA) or other methods approved by EPA Subtitle C ( 40 CFR part 261).

(l) A post abatement report shall be prepared by an accredited supervisor or project designer and submitted to the Department within 30 calendar days of the final clearance. The abatement report shall include the following information:

1. Start and completion dates of abatement.

2. The name and address of each certified firm conducting the abatement and the name and accreditation number of each supervisor assigned to the abatement project.

3. The occupant protection plan prepared pursuant to Rule 420-3-27-.10(9)(e).

4. The name, address, accreditation number, and signature of each accredited risk assessor or accredited inspector conducting clearance sampling and the date of clearance testing.

5. The results of clearance testing and all soil analysis (if applicable) and the name and address of each recognized NLLAP-approved laboratory that conducted the analysis.

6. A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulant or enclosures.

(m) For long term intermittent projects a completed post abatement report must be submitted to the Department after each project phase in accordance with 420-3-27-.10 (Standards for Conducting Lead Hazard Reduction Activities in Target Housing an Child-occupied Facilities).

(n) Collection and laboratory analysis of samples shall be carried out pursuant to Rule 420-3-27-.10(2).

(11) De minimis levels. Work practice requirements, applicable certification, occupant protection, and clearance requirements are found in this chapter and in regulations issued by EPA at 40 CFR part 745, subpart L and in regulations issued by the Department of Housing and Urban Development (HUD) at 24 CFR part 35, subpart R. The work practice standards in those regulations do not apply when lead hazard reduction activities disturb painted surfaces that total less than:

(a) 20 square feet (2 square meters) on exterior surface;

(b) 2 square feet (0.2 square meters) in any one interior room or space, or

(c) 10 percent of the total surface area on an interior or exterior type of component with small surface areas (examples include window sills, baseboard, and trim).

Ala. Admin. Code r. 420-3-27-.10

New Rule: Filed July 20, 1998; effective August 24, 1998. Amended: Filed June 25, 2003; effective July 30, 2003.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022.

Authors: Phyllis Mardis, Salvador Gray, Charles Brookins, Gary Jones, Michael Cassidy, Steven McDaniel

Statutory Authority:Code of Ala 1975, § 22-37A-1, et seq.