Ala. Admin. Code r. 420-3-29-.11

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

Section 420-3-29-.11 - Standards For Conducting Renovation Activities

(1) All renovation activities shall be performed pursuant to the work practice standards contained in these rules.

(2) When performing any renovation activity, an accredited individual of a certified firm must perform that activity in compliance with the appropriate documented methodologies. Documented methodologies appropriate for this rule 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, June 1995 and Chapter 7 Lead-Based Paint Inspection, 1997 Revision. (The Guidelines).

(b) The U.S. Environmental Protection Agency (EPA) 40 CFR Part 745 Lead; Identification of Dangerous Levels of Lead; Final Rule, January 5, 2001.

(c) The documents referenced in Rule 420-3-29 -.l1(2)(a) and (b) are hereby incorporated by reference and are available at http://alabamapublichealth.gov/lead.

(3) Accredited renovators are responsible for ensuring compliance with 420-3-29-.10 at all renovations to which they are assigned. An accredited renovator:

(a) Must perform all of the tasks described in Ala.Admin. Code, Rule 420-3-29-.10(2) and must either perform or direct workers who perform all of the tasks described in Ala. Admin. Code, Rule 420-3-29-.10(1).

(b) Must provide training to workers on the work practices they will be using in performing their assigned tasks.

(c) Must be physically present at the work site when the signs required by Ala. Admin. Code, Rule 420-3-29-.10(1)(a) are posted, while the work area containment required by Ala. Admin. Code, Rule 420-3-29-.10(1)(b) is being established, and while the work area cleaning required by Ala. Admin. Code, Rule 420-3-29-.10(1)(e) is performed.

(d) Must regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.

(e) Must be available, either on-site or by telephone, at all times that renovations are being conducted.

(f) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint.

(g) Must be able to present proof of Safe State registration as required in Chapter 822-X-1 Ala. Admin. Code (Registration and Accreditation of Lead Training Programs and Individuals Engaged in Lead Hazard Reduction Activities).

(h) Must prepare the records required by Rule 420-3-29-.15(2)(g).

(4) Certified Inspector Risk Assessor responsibilities. When performing optional dust clearance sampling under Ala. Admin. Code, Rule 420-3-29-.10(3) (Work Practice Standards for Conducting Renovation), an accredited inspector or risk assessor:

(a) Must collect dust samples in accordance with dust sample collection techniques referenced in Rule 420-3-27-.9(10), must send the collected samples to a laboratory recognized by EPA under TSCA §405(b), and must compare the results to the clearance levels in accordance with EPA current guidelines. Dust sampling technicians are prohibited to perform dust sampling for post-abatement project clearance in accordance with Ala. Admin.Code, Rule 420-3-27-.9(10) (Work Practice Standards for Conducting Renovation).

(b) Must be able to present proof of Safe state registration as required in Chapter 822-X-1 Ala. Admin. Code (Registration and Accreditation of Lead Training Programs and Individuals Engaged in Lead Hazard Reduction Activities).

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

(a) Laboratory analysis. Only National Lead Laboratory Accreditation Program (NLLAP)-approved laboratories recognized by the EPA pursuant to §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 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. If EPA approves XRF methodology for clearance testing it will be adopted by reference.

(c) Recognized test kit. The Department recognizes only those test kits that have been approved by EPA according to 40 CFR § 745.88 (as amended).

(6) If the dust sampling technique is utilized, clearance levels for the purposes of this rule may be found in Rule 420-3-29-.13, 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.

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

(8) A lead-based paint inspection other than recognized lead testing kits, described in section Rule 420-3-29-.11(5)(c), 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 Ala. Admin. Code, Rule 420-3-27-.09(6).

(9) 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 according to the procedures in Ala. Admin. Code, Rule 420-3-27-.09(7).

(10) Risk assessments shall be conducted only by persons accredited and registered by Safe State as a risk assessor, and conducted under a certified firm according to the procedures in Ala. Admin. Code, Rule 420-3-27-.09(8).

(11) 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 according to the procedures in Ala. Admin. Code, Rule 420-3-27-.09(9).

(12) Post-abatement clearance procedures shall be performed by an accredited inspector or risk assessor of a certified firm in accordance with documented methodologies according to the procedures in Ala. Admin. Code, Rule 420-3-27-.09(10).

Ala. Admin. Code r. 420-3-29-.11

New Rule: Filed July 27, 2010; effective August 31, 2010.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Authors: Salvador Gray, Charles Brookins, James Daughtry, Daniel Wysmulek, Steven McDaniel

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