Section 096-424-6 - Lead Abatement Work PracticesA.General provisions(1)Compliance with lead abatement work practices. All lead abatement contractors and lead professionals who engage in lead abatement activities shall comply with the work practices in this Section.(2)State and federal regulations. Lead abatement contractors and lead professionals are subject to all applicable occupational health and safety regulations of the Maine Bureau of Labor Standards, OSHA, the Department, and the U. S. Department of Transportation. The OSHA regulations include but are not limited to 29 C.F.R. §§ 1926.62, 1910.134, 1910.1020, and 1926.59, as amended up to July 1, 2020 (lead construction, respiratory protection, access to exposure and medical monitoring records, and hazard communication standards).(3)Prohibition. No on-site work for any lead abatement project shall be conducted unless at least one certified lead abatement project supervisor employed by the lead abatement contractor is physically present at the project site.(4)Personal protective equipment. All individuals engaged in lead abatement activities or individuals who enter into a work area containment where lead abatement activities are occurring, must wear appropriate respiratory protection in accordance with the requirements of 29 C.F.R. § 1910.134, as amended up to July 1, 2020, and personal protective clothing and other protective equipment in accordance with the requirements of 29 C.F.R. § 1926.62, as amended up to July 1, 2020 and must use this equipment in the manner for which it was designed. At a minimum all individuals that enter the work area containment when lead abatement methods are being used must be provided with and wear a painter's hat, disposable coveralls or a disposable coverall with attached hood and foot covers or rubber boots and a R-100, P-100 or disposable N-100 respirator. The hat, disposable coveralls and the N-100 respirator shall be disposed of at the end of each work shift. All other respirators shall be cleaned as part of the decontamination procedure daily in accordance with manufacturer's recommendations. Note: All building code and fire code requirements for access to a residential dwelling unit or child-occupied facility must be maintained.
B.Pre-abatement requirements(1)Notifications. The lead abatement contractor shall notify the Department in conformance with Section 3 at least five (5) working days before beginning any lead abatement activity. The lead abatement contractor shall be responsible for ensuring that notification has been received by the Department.(2)Lead abatement project warning signs. The lead abatement contractor shall also post lead abatement project warning signs in accordance with the work area containment requirements under Section 6. The sign(s) must be at least 8.5 by 11 inches. The abatement project sign(s) shall use wording from 29 C.F.R. § 1926.62(m)(l)(I), as amended up to July 1, 2020. When the use of respiratory protection and disposable suits are required the wording of the project signs shall reflect that requirement in order to notify certified lead professionals and qualified Department staff that protective gear is mandated. The abatement project warning sign(s) must not be removed until the visual assessment evidences that all lead-based paint hazard(s) or lead hazard(s) have been abated successfully and the post-abatement dust wipe clearance samples, as applicable, do not exceed the clearance levels as specified in Section 6(L)(1).(3)Written occupant protection plan. A certified project supervisor or design consultant shall develop a written occupant protection plan prior to initiating the abatement activity. The occupant protection plan shall be unique to each residential dwelling unit or child-occupied facility. 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 lead. Whenever the occupant protection plan is prepared by a lead design consultant, the design consultant shall provide the lead abatement contractor with the occupant protection plan and all documents related to other aspects of the project design prior to the start of the abatement project. The occupant protection plan shall be provided to the building occupants 5 days in advance of the project and by posting 8.5 by 11-inch signs at all common entrances into the residential dwelling unit or child-occupied facility. This notice must include the following: (a) Scheduled dates and work hours for lead abatement activities;(b) Identification of work area(s); and(c) Whenever a lead abatement activity is being conducted in a common area of a residential dwelling unit containing two (2) or more dwelling units, the occupant protection plan shall indicate alternative entrances and exits that do not require passing through the common area(s), or the lead abatement contractor shall create an uncontaminated passageway through the common area(s) for use as an entry into uncontaminated residential dwelling units or child-occupied facilities. Note: A lead hazard warning sign is posted by the Department of Health and Human Services whenever a lead hazard is identified by a state lead investigator. The lead hazard warning sign does not replace the notification required by this Section. This warning sign is posted at all entrances to the residential dwelling unit, or child-occupied facility before the state investigator leaves the premises. The lead hazard warning sign states that a lead hazard has been identified and that a lead abatement activity will be ordered. This warning sign must not be removed until the post-abatement dust wipe clearance samples do not exceed the clearance levels as specified in Section 6(L) and the visual assessment evidences that all lead hazards have been abated successfully. The lead hazard warning sign may only be removed when the property owner receives notification from the Department of Health and Human Services stating that the sign may be removed.
(4)Lead abatement project design or project work plan. A certified design consultant shall develop a project design, or a certified project supervisor shall develop a project workplan prior to initiating abatement activities. The lead abatement project design or work plan shall include a room and/or work area narrative and/or drawing(s) showing, at a minimum: (a) The components to be abated;(b) The abatement method for each component, minimally in a chart format which corresponds to the drawing;(c) Delineation of the work area where critical barriers are to be located including barrier tape for exteriors and project warning signs;(d) The location of the decontamination unit; and(e) A description of the work area preparation. Note: Building codes generally require that there be two egresses available to occupants.
C.Abatement methods(1)General. Abatement shall permanently remove, enclose, or encapsulate any lead-based paint hazards or lead hazards in accordance with the requirements of this Chapter. Acceptable methods of abatement are listed below. (a)Factory prime coating. Abatement of intact, factory applied prime coatings of lead-based paint on metal surfaces and of intact, factory applied vinyl coatings is not required. Finish coatings on such surfaces shall be abated if required to complete abatement of lead hazards.(2)Paint removal(a)Prohibited methods of paint removal. The following paint removal methods shall not be used to remove lead-based paint:(i) Open flame burning or torching;(ii) Machine sanding or grinding without a HEPA exhaust control;(iii) Uncontained hydro-blasting or high-pressure wash;(iv) Abrasive blasting or sandblasting without HEPA exhaust control;(v) Heat guns operating above 1,100 degrees Fahrenheit;(vi) Chemical paint strippers containing methylene chloride except as noted in Section 6(C)(2)(b) (ii) below; and(vii) Dry scraping or dry sanding, except in conjunction with heat guns or around electrical outlets.(b)Allowable removal methods. The following methods may be used for removing lead-based paint from a substrate. (i)Manual or mechanical paint removal methodsa. Wet hand scraping, followed by light "feather" sanding; orb. Dry hand scraping in conjunction with a heat gun which produces a temperature not exceeding 1,100 degrees Fahrenheit and is used in accordance with manufacturer's instructions and recommendations; orc. Machine sanding equipped with HEPA filter vacuum.d. In exterior locations only, abrasive blasting with HEPA exhaust control. The intent to use this method of paint removal requires the submission of a non-standard variance in accordance with Section 6(O).(ii)Chemical methods. Non-flammable chemical strippers which do not contain methylene chloride may be used in interior work areas. Chemical strippers shall be used in accordance with the manufacturer's instructions and safety data sheets. Strippers containing methylene chloride may be used on exterior painted surfaces and for localized "touch-up" on interior work areas. Architectural components may be sent off-site for removal in dip-tanks.(iii)Hydro-blasting with containment system. In exterior locations only, hydro-blasting with containment system may be used. The intent to use this method of paint removal requires the submission of a non-standard variance request in accordance with Section 6(O). Note: On masonry components, sealing may be required after chemical stripping due to surface porosity.
(3)Encapsulation(a) Subject to Subsection 6(C)(3)(b) below, encapsulation treatments used in accordance with the following requirements constitute an acceptable method of abatement: (i) The encapsulating product or system, meeting current ASTM Standards E 1795-17, 1796-03 (2016) and 1797-12 (2017) e1, shall be guaranteed by the manufacturer to perform for a minimum of 20 years as a durable barrier between the lead-based paint and the environment in the type of application planned.(ii) The encapsulating products or systems shall be used in a manner consistent with the manufacturer's instructions and recommendations.(b) Encapsulating coatings shall not be used on friction, impact surfaces.(4)Enclosure. Enclosure systems that will prevent the escape of lead particles for at least 20 years may be used as abatement when they meet the following standards: (a) Enclosure systems shall be of rigid durable construction materials, and mechanically fastened to the substrate. (b) All seams must be caulked to prevent the migration of lead dust from the enclosure system, except that caulking seams is not required for vinyl or aluminum siding enclosure applications where extruded polystyrene foam insulation, with a minimum thickness of 1/4-inch is installed over lead paint siding using cap nails and seams taped with contractor tape just prior to vinyl or aluminum siding application.(i) When a lead abatement contractor installs the rigid foam insulation and meets clearance standards, person(s) not subject to the requirements of this Chapter may install the vinyl or aluminum siding.(ii) The application of a house wraps breathable vapor barrier such as Typar® or similar product may not be substituted for the rigid foam. In these cases, installation of vinyl or aluminum siding must be part of the abatement activity.(5)Component removal. Component removal consisting of removal of lead-contaminated components may be used as a lead abatement method by certified abatement workers or supervisors provided: (a) The component shall be misted with water prior to impact;(b) Prior to removal of the component, paint (if any) shall be scored with a utility blade between the component and material staying to prevent chipping of additional painted surfaces during removal;(a) As the component is being removed the back side of the component shall be misted with water to prevent the spreading of lead contaminated dust;(b) The component will be containerized in either a 6-mil poly bag, 6-mil poly sheeting with all seams taped, or in other leak proof containers prior to leaving the abatement work area and shipped off-site to a facility licensed to handle the waste; and(c) If replacement of a component occurs, the replacement components shall have no lead-based paint on them.(6)Carpet abatement. Lead-contaminated rugs, carpets or other fabric surfaces may be abated by steam cleaning or by removal and disposal. A person removing lead-contaminated rugs, carpet or fabric shall, at a minimum, employ the following work practices:(a) Carpet shall be HEPA vacuumed prior to removal;(b) Carpet will then be completely misted with water;(c) As the carpet is removed either in sections or whole the backing shall be misted with water; and(d) Carpet shall be containerized in 6-mil poly bag or 6-mil poly sheeting with all seams taped or in other leak proof containers prior to leaving the abatement work area and shipped off-site to a facility licensed to handle the waste.(7)Soil abatement. The following methods may be used to abate lead contaminated soil. All disturbances of lead-contaminated soil shall be performed while the soil is wet or damp and shall utilize techniques that minimize creation of dust. (a)Capping contaminated soil. Soil may be capped in place provided the soil posing a lead hazard is completely covered with concrete or asphalt to a depth of at least two inches.(b)Excavation . Complete excavation to a depth of at least 4 inches, removal and replacement of the lead-contaminated soil with soil that is not lead-contaminated soil posing a lead hazard and disposal at a facility licensed to handle the waste as detailed in Subsection 6(K).D.Work site preparation. An abatement worker or project supervisor shall prepare the work site prior to abatement, in accordance with the following standards. (1)General requirements. The work area shall be prepared to prevent the release of lead-contaminated debris. The work area preparation shall ensure that lead-contaminated dust, lead-based paint chips and other debris from abatement activities are contained within the work area until they can be safely removed. Only certified lead professionals and qualified Department staff may enter a lead abatement work area until it is established that the work area has met the final clearance requirements set forth in Sections 6(E)(10), 6(F)(9), 6(G)(11), 6(H)(11), 6(I)(13) or 6(J) (8,9) whichever applies. Work area preparation shall be determined by the project supervisor or design consultant.(2)Decontamination units. Decontamination units are required for all abatement work. (a)Design. The decontamination unit must be a separate, polyethylene-enclosed structure formed by partition or framing or by covering walls, ceiling, and floor with a minimum of 1 layer of 6-mil poly sheeting. The decontamination unit must be adjacent and connected to the work area, and consist of, at a minimum, a hand/face wash station or shower facility, and a clean room. It shall include two overlapping layers of 6-mil poly flaps between the work area and the hand/face wash station or shower facility, between the hand/face wash station or shower facility and the clean room, and at the entry into the clean room. The outer most flaps for the entrance and exit shall be sufficiently weighted to keep flaps closed. The hand/face wash station shall be sufficiently equipped to enable workers to remove lead effectively from their hands and face. A shower facility, when used, must be equipped with continuous running, adjustable, hot and cold water, soap, and a mechanism for containing/collecting and discharging shower water. The hand/face wash station or shower facility must be equipped with clean towels in sufficient quantity so that all individuals may dry themselves off after personal decontamination is completed.(b)Operations. Workers shall enter and exit the work areas through the decontamination unit and where applicable remote decontamination unit. Respirators, when required, shall only be put on in the clean room and shall only be taken off after the exterior of the mask has been cleaned in the hand/face wash chamber. All tools and equipment that were taken into the work area shall be decontaminated prior to leaving the area by means of wet wiping and/or HEPA vacuuming. If a remote decontamination unit is utilized the tools and equipment shall be containerized in the work area and brought to the decontamination unit to be cleaned. (3)Warning signs. Project Warning Signs as specified in 6(B)(2) above, shall be installed on all projects. At a minimum, these signs shall be displayed on the flap between the clean room and the hand/face washroom in the decontamination unit and, where applicable, on the flapped entrances to the work areas. When the need to wear personal protective gear is not required and /or no longer required the warning signs shall reflect that.E.Interior project work practice requirements. Abatement workers or project supervisors shall implement the following work practices on interior abatement projects (including the abatement of dust lead-based paint hazards) other than window only projects and projects solely utilizing mini enclosures. An enclosed porch with screened/storm windows is considered interior space and shall be set up and cleared accordingly.(1)Signs. Post warning signs that meet the standards in Section 6(B)(2) at the entry to work area(s) and the entry to the dwelling unit or building exterior near main and secondary entryways.(2)Occupant location. Exclude persons that are not certified lead professionals or qualified Department staff from the work area(s) until clearance is achieved. If building occupants remain in their dwelling unit (outside of the work area(s) during abatement work they must have safe passage to a bathroom and at least one living area, and an entry/egress pathway. Alternatively, an occupant can be relocated for the duration of the project.(3)Barrier system. To prevent the spread of lead dust throughout the building during abatement the following procedures must be taken: (a)Floors. Install two layers of 6-mil poly or its equivalent on the entire floor if the abatement disturbs greater than 10 square feet of painted surface per room (not including windows and mini enclosures) and the dwelling unit will be occupied for a portion of the abatement project.(i) Install a single layer of 6-mil poly or its equivalent on the floor extending 5 feet beyond where abatement occurs if the abatement disturbs 10 square feet or less of painted surface per room (not including windows and mini enclosures) and the dwelling unit will be occupied for a portion of the abatement project. (ii) If the dwelling unit will remain unoccupied during abatement and the entire unit is being treated, then no poly is required on hard-surface floors. Hard surface floors include wood, tile, and laminate but any gaps in the flooring must be covered with 2 layers of 6-mil poly or its equivalent.(b)Doors. Entrances to individual rooms containing work areas must have two layers of 6-mil poly or its equivalent with an airlock flap on access doorways. Doors within the room must be sealed with two layers of 6-mil poly or its equivalent or all seams taped except if the entire unit is being treated, cleaned, and cleared, then doorways need not be sealed. If only a few rooms are being treated, doors to untreated rooms must be sealed with two layers of 6-mil poly or its equivalent or all seams must be taped in order to avoid cleaning untreated rooms. (c)Windows. All windows not being worked on must be closed or covered with one layer of 6-mil poly or its equivalent.(4)Ventilation system. Building ventilation systems servicing work area(s) must be turned off prior to abatement work. All vents in rooms must be pre-cleaned and then sealed with one layer of 6-mil poly or its equivalent. Negative pressure zones (with "negative air" machines) are not required, unless large supplies of fresh air must be admitted into the work area to control exposure to other hazardous substances (i.e., solvent vapors).(5)Decontamination unit. A decontamination unit must be established that is contiguous with the work area or establish blue suit procedures to a remote decontamination unit. The decontamination unit must remain in place until clearance samples are collected.(6)Furniture. Furniture and other personal items must be pre-cleaned of lead dust and removed from the work area, unless this is done by the building owner or occupant prior to set up for abatement work or pre-cleaned and left in place and sealed within a single layer of 6-mil poly or its equivalent. Cabinets must be sealed shut with tape or sealed with 6-mil poly or its equivalent. Note: A project-specific contract may also require the pre-cleaning of cabinet interiors.
(7)Daily cleanup. Daily cleanup is required in the work area. Daily cleanup shall occur at the end of each workday after all lead abatement activities have ceased. Daily cleanup includes:(a) Using cleaning practices that minimize generation of dust by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming.(b) Cleaning all horizontal and vertical surfaces in the work area within 5 feet of where abatement activities were performed.(c) Bagging or wrapping debris in a protective covering of 6-mil poly or its equivalent with all seams taped or placed in closed, secure, container.(d) Examining protective coverings (i.e., 6-mil poly covering furniture, personal items, and the barrier system) and repairing as necessary.(8)Final cleanup. Final cleanup activities shall be performed by a licensed lead abatement contractor no sooner than 1 hour after work activities have ceased. The work area and any surrounding areas where lead-contaminated dust or debris may be present, including window wells whether treated or not and decontamination units whether contiguous or remote, shall be cleaned prior to performing a clearance examination. Required practices for final cleanup include: (a) Undertaking final cleanup after abatement activities have been completed and before repainting or sealing surfaces occurs.(b) Bagging or wrapping all debris in 6-mil poly or its equivalent with all seams taped or placed in closed containers and removed from the work area.(c) Use of cleaning practices that minimize generation of dust, including by a sequence of HEPA vacuuming, wet-cleaning, and HEPA vacuuming. Cleaning shall start at the room/work area furthest from the decontamination unit and proceed to and include the decontamination unit. Cleaning shall start at the ceiling (and associated fixtures), and then proceed down the walls to the floor. Cleaning shall include a complete cleaning of all building components and items in the abated area including window wells, protective coverings (i.e., 6-mil poly covering furniture and personal items), to include areas 5 feet from flapped entrances leading towards entrances. Barrier systems must remain in place except floor barrier.(9)Sealing treated surfaces. If treated surfaces are to be sealed, they shall be finished by painting, varnishing, or an equivalent coating after the final cleanup is complete and before a clearance examination is performed. Wooden floors shall be sealed with clear polyurethane or painted with deck enamel or durable paint. Vinyl tile, linoleum, and other similar floors shall be sealed with an appropriate floor wax (or equivalent product). Concrete floors shall be sealed with a concrete sealer or other type of concrete deck enamel. Note: Contract specifications may require a Paint Removal Verification Inspection (commonly referred to as "Paint Scrape Inspection") by a certified lead inspector or certified risk assessor prior to sealing treated surfaces.
(10)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed no sooner than 1 hour after final clean-up is completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations consist of visual assessment and clearance sampling. (a)Visual assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or risk assessment report. Surfaces within the work area must be dry before the final visual assessment. The risk assessor or inspector shall inspect the work area and decontamination unit for visual evidence of dust and debris to ascertain that they are free of waste, debris, paint chips, and settled dust before conducting clearance sampling. If visible dust or debris is found during the visual assessment, the work area must be re-cleaned as described above and re-evaluated before starting clearance sampling. Where window treatment is not part of the lead abatement project, windows, including window wells in treated rooms, are subject to the final cleaning requirements and must be sampled during clearance sampling. Note: A "baby wipe" may be used in the visual assessment process to determine if a surface is free of debris.
(b)Clearance sampling. Following a passing visual inspection, the risk assessor or lead inspector shall complete the following sampling of the lead abatement project:(i) Collect and analyze a minimum of two dust samples from every treated room when 6-mil poly barrier or equivalent systems were used within the building. Sampling and analysis include one interior windowsill or window well, alternating between areas, and one floor per room plus one floor sample per project within 5 feet of the entrance of containment.(ii) Collect and analyze a minimum of two dust samples from every treated and untreated room when no 6-mil poly barrier systems were used within the building as follows: a. One interior windowsill or window well, alternating between areas; andb. One floor per room. Note: Owners and operators may address the cost of any repeat clearance examination work as part of contractual agreements.
F.Interior window removal only. Abatement workers and project supervisors may use the following procedures when only abating window units from the inside of the building: (1)Signs. Post warning signs at the entry to work area containment and on exterior of building. Signs must meet the standards in Section 6(B)(2) and remain in place until clearance is achieved.(2)Occupant location. Persons that are not certified lead professionals or qualified Department staff must be excluded from the work area(s) until clearance is achieved. If building occupants remain in their dwelling unit (outside of the work area(s) during abatement work they must have safe passage to the bathroom and at least one living area, and an entry/egress pathway. Alternatively, occupants can be relocated for the duration of the project.(3)Install barrier system. A barrier system must consist of the following: (a) 2 layers of 6-mil poly or a closed storm window shall be placed over the exterior side of the window.(b) 2 layers of 6-mil poly shall be placed on the floor extending at least 5 feet from the perimeter for each window being treated.(c) All windows within 10 feet of the work area must be closed.(d) When a non-treated window is closed and used as part of the work area barrier system, that window may be opened only for final cleaning and clearance sampling.(e) An airlock flap shall be placed over the doorway into the room. This defines the entire room as the work area. This means that the entire work area is subject to the cleaning (daily and final) requirements described below. At the conclusion of the abatement project, the lead inspector/risk assessor shall visually inspect the entire work area and shall select randomly the location of the dust floor sample from anywhere in the work area.(4)Decontamination unit. Establish a decontamination unit contiguous with the work area or establish blue suit procedures to a remote decontamination unit. The decontamination unit must remain in place until clearance samples are collected.(5)Furniture. Furniture and other personal items must be pre-cleaned of lead dust and removed from the work area, unless this is done by the building owner or occupant prior to set up for abatement work or pre-cleaned and left in place and sealed within a single layer of 6-mil poly. Cabinets must be shut with tape or sealed with 6-mil poly. Note: A project-specific contract may also require the pre-cleaning of cabinet interiors.
(6)Daily cleanup. Daily cleanup is required in the work area. Daily cleanup shall occur at the end of each workday after all lead abatement activities have ceased. Daily cleanup includes:(a) Using cleaning practices that minimize generation of dust by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming;(b) Cleaning all horizontal and vertical surfaces in the work area within 5 feet of where abatement activities were performed;(c) Bagging or wrapping debris in a protective covering of 6-mil poly with all seams taped or placed in closed, secure, container; and(d) Examining protective coverings (i.e., 6-mil poly covering furniture, personal items, and the barrier system) and repairing as necessary.(7)Final cleanup. Final cleanup activities shall be performed by a licensed lead abatement contractor no sooner than 1 hour after work activities have ceased. The work area and any surrounding areas where lead-contaminated dust or debris may be present, including window wells whether treated or not and decontamination units whether contiguous or remote, shall be cleaned prior to performing a clearance examination. Required practices for final cleanup include: (a) Undertaking final cleanup after abatement activities have been completed and before repainting or sealing surfaces occurs.(b) Bagging or wrapping all debris in 6-mil poly with all seams taped or placed in closed containers and removed from the work area;(c) Using cleaning practices that minimize generation of dust, including by a sequence of HEPA vacuuming, wet-cleaning, and HEPA vacuuming; and(d) Cleaning shall start at the room/work area furthest from the decontamination unit and proceed to and include the decontamination unit. Cleaning shall start at the ceiling (and associated fixtures), and then proceed down the walls to the floor. Cleaning shall include a complete cleaning of all building components and items in the abated area including window wells, protective coverings (i.e., 6-mil poly covering furniture and personal items), to include areas 5 feet from flapped entrances leading towards entrances. Barrier systems must remain in place.(8)Sealing treated surfaces. If treated surfaces are to be sealed, they shall be finished by painting, varnishing, or an equivalent coating after the final cleanup is complete and before a clearance examination is performed. Wooden floors shall be sealed with clear polyurethane or painted with deck enamel or durable paint. Vinyl tile, linoleum, and other similar floors shall be sealed with an appropriate floor wax (or equivalent product). Concrete floors shall be sealed with a concrete sealer or other type of concrete deck enamel. Note: Contract specifications may require a Paint Removal Verification Inspection (commonly referred to a "Scrape Paint Inspection") by a certified lead inspector or certified risk assessor prior to sealing treated surfaces.
(9)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed no sooner than 1 hour after final clean-up is completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations consist of visual assessment and clearance sampling. (a)Visual assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or risk assessment report. Surfaces within the work area must be dry before the visual assessment. The risk assessor or inspector shall inspect the work area and decontamination unit for visual evidence of dust and debris to ascertain that they are free of waste, debris, paint chips, and settled dust before conducting clearance sampling. If visible dust or debris is found during the visual assessment, the work area must be re-cleaned as described above and re-evaluated before starting clearance sampling. Note: A "baby wipe" may be used in the visual assessment process to determine if a surface is free of debris.
(b)Clearance sampling. Following a passing visual inspection, the risk assessor or lead inspector shall complete the following sampling of the lead abatement project:(i) Collect and analyze a minimum of two dust samples from every treated room when 6-mil poly barrier systems or equivalent were used within the building. Sampling and analysis include one interior windowsill or window well, alternating between areas; and one floor per room plus one floor sample per project within 5 feet of the entrance of containment, to include areas 5 feet from flapped entrances.(ii) Collect and analyze a minimum of two dust samples from every treated and untreated room when no 6-mil poly barrier systems were used within the building as follows: a. One interior windowsill or window well, alternating between areas; andb. One floor per room. Note: Owners and operators may address the cost of any repeat clearance examination work as part of contractual agreements.
G.Exterior window removal only. Abatement workers and project supervisors shall use the following procedures when removing only window units from the outside of the building: (1)Signs. Post warning signs on the building and at a 20-foot perimeter around the building (or less if distance to next building or sidewalk is less than 20 feet). Signs must meet the standards in Section 6(B)(2) and remain in place until clearance is achieved.(2)Occupant location. Occupants can remain inside the unit, but outside the security barrier tape until clearances are achieved. Alternatively, the occupants can leave until all work has been completed. Occupants must have access to a secure entry/egress pathway to their unit.(3)Pre-cleaning. Remove all movable objects (this may be done by the property owner prior to abatement notification start date), that are within the proposed work area to a 20-foot distance from work area. Items that cannot be readily moved to a 20-foot distance shall be sealed with 6-mil poly. An abatement contractor shall remove all pre-existing visible lead-based paint chips and debris that are on the ground within the proposed work area before establishing the barrier system.(4)Barrier system. To prevent the spread of lead-based paint hazards during abatement beyond the work areas, abatement workers shall: (a) Place 2 layers of 6-mil poly over the interior side of the window. Secure the plastic to the wall with tape or other anchoring system such that there are no gaps between plastic and wall; and(b) Place one layer of 6-mil poly or its equivalent on the ground extending 10 feet beyond the perimeter of each window being treated/replaced, securing the plastic to the side of the building with tape or other anchoring system so that there are no gaps between plastic and the building. Weight all plastic with two-by-fours or similar objects. Do not anchor ladder feet on top of plastic instead puncture the plastic to anchor ladders securely to ground. Protect plastic with boards to prevent its puncture from falling debris, nails, and other items as necessary. Raise the edges of plastic to create a basin to prevent contaminated run-off in the event of unexpected precipitation. This defines the work area. Keep all ventilation systems and windows within 20 feet of working surfaces closed. Note: In cases where neighboring buildings are within 20 feet of the treated surfaces the abatement contractor should notify the occupants to coordinate, if possible, to the shutting of windows and ventilation systems.
(5)Decontamination unit. Establish a decontamination unit contiguous with the work area or establish blue suit procedures to a remote decontamination unit. Establish a decontamination unit each day before initiating abatement activities. The decontamination unit may be removed at the end of each workday.(6)Security. Temporary fencing or barrier tape must be installed at a 20-foot perimeter around the work area (or less if the distance to the next building or sidewalk is less than 20 feet). If an entryway is within 10 feet of the working area, the use of an alternative entryway must be required. If practical, install a vertical containment to contain lead-based paint hazards. The barrier tape or fencing shall remain in place until clearance is achieved. Note: In cases where neighboring buildings are within 20 feet of the treated surfaces the abatement contractor should notify the occupants to coordinate, if possible, the shutting of ventilation systems and windows.
(7)Weather. Do not conduct work if wind speeds are greater than 20 miles per hour at the work site. Work must stop and cleanup must occur before rain begins.(8)Interior cleanup. No interior cleaning is needed if all work is done from the outside, and the two overlapping layers of 6-mil poly on the interior wall is not breached. If it is breached, clean all surfaces within a 5-foot radius from the affected area, isolate the affected area and conduct dust sampling.(9)Daily cleanup. Abatement worker/supervisor shall cleanup the work area at the end of each workday to prevent the spread of lead-based paint hazards including: (a) Using cleaning practices that minimize generation of dust by employing a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming;(b) Cleaning all horizontal and vertical surfaces in the work area within 10 feet of the treated surfaces;(c) Bagging or wrapping debris in protective covering with all seams taped or placed in a closed and secure container;(d) Examining the barrier system and repairing it as necessary; and(e) After cleaning the 6-mil poly barrier, roll the barrier inward upon itself for reuse the following day. Alternatively, dispose of the barrier and establish a new barrier before conducting any additional activities the following day.(10)Final cleanup. Upon completion of the abatement, abatement workers/supervisors shall remove lead debris generated by the project including:(a) Cleaning the work area of all debris containing lead-based paint and dust;(b) Bagging or wrapping debris in 6-mil poly with all seams taped or placed in a closed, secure container and removed from the work area;(c) Using cleaning practices that minimize generation of dust by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming;(d) Cleaning shall start at the work area furthest from the decontamination unit. Cleaning shall include a sequence of HEPA vacuuming, wet-cleaning, and HEPA vacuuming of the exterior wall and other building components (if applicable) and the barrier system. Cleaning shall start at the highest point and proceed down the wall; and(e) Protective coverings (i.e., 6-mil poly covering personal property i.e. lawn furniture, tools, toys, and the barrier system) must then be removed in a manner that prevents the dispersion of dust and other debris. Note: Contract specifications may require a Paint Removal Verification Inspection (commonly referred to as "Paint Scrape Inspection") by a certified lead inspector or certified risk assessor prior to sealing treated surfaces.
(11)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed no sooner than 1 hour after final clean-up is completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations shall consist of a visual assessment. (a)Visual assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or risk assessment report. Surfaces within the work area must be dry before the final visual assessment. The risk assessor or lead inspector shall inspect the work area and decontamination unit for visual evidence of dust and debris to ascertain that they are free of waste, debris, paint chips, and settled dust. If visible dust or debris is found during the visual assessment, the work area must be re-cleaned as described.(b) Porches require dust sampling for clearance when they are in part or encompass the work area, i.e., exterior window work where a porch is present. Note: A "baby wipe" may be used in the visual assessment process to determine if a surface is free of debris.
H.Removing building components using a mini enclosure. Abatement workers/supervisors shall follow the following standards when using mini enclosures. (1)Signs. Post warning signs that meet the standards in Section 6(B)(2) at the entry to work area(s) (including exterior work areas), and the entry to the dwelling unit or building exterior near main and secondary entryways.(2)Occupant location. Persons that are not certified lead professionals or qualified Department staff must be excluded from the work area(s) until clearance is achieved in their dwelling unit (outside of the work area). During abatement work they must have safe passage to the bathroom and at least one living area, and an entry/egress pathway. Alternatively, occupants who have been relocated for the duration of the project can return after clearance is achieved.(3)Furniture. Furniture and other personal items must be pre-cleaned of lead dust and removed from the work area unless this is done by the building owner or occupant prior to set up for abatement work.(4)Pre-cleaning. The proposed location of the mini enclosure (i.e., the work area) must be pre-cleaned by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming.(5)Window/door containment. Place 2 layers of 6-mil poly or its equivalent over the exterior side of the window. A closed storm window is equivalent to 2 layers of 6-mil poly. When removing doors, place 2 layers of 6-mil poly over the door opening of the other side.(6)Mini-enclosure system. Construct a mini-enclosure system as defined by this Chapter and affix it securely to the wall such that there are no gaps between the mini-enclosure and the wall. The mini enclosure defines the work area. This means that only the area within the mini enclosure is subject to the cleaning (daily and final) and the clearance sampling requirements described below, provided containment is not breached. The mini enclosure must remain in place until clearances are achieved.(7)Decontamination unit. Establish a decontamination unit contiguous with the mini-enclosure or establish blue suit procedures to a remote decontamination unit. The decontamination unit must remain in place until clearance samples are collected.(8)Daily cleanup. Abatement worker/supervisor shall cleanup the work area at the end of each workday to prevent the spread of lead-based paint hazards including: (a) Using cleaning practices that minimize generation of dust by employing a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming.(b) Cleaning all horizontal and vertical surfaces in the work area.(c) Bagging or wrapping debris in protective covering with all seams taped or placed in a closed container.(d) Examining the barrier system and repairing it as necessary.(9)Final cleanup. Upon completion of the abatement, abatement workers/supervisors shall remove lead debris generated by the project including:(a) Cleaning all horizontal and vertical surfaces in the mini enclosure using a sequence of HEPA vacuuming, wet cleaning and HEPA vacuuming;(b) If the mini enclosure was breached or detached from the wall, clean all surfaces within a 5-foot radius from the affected area, isolate the affected area and conduct clearance sampling;(c) Debris must be wrapped in 6-mil poly with all seams taped and removed from the mini enclosure; and(d) Remove 6-mil poly floor from inside the mini enclosure.(10)Sealing treated surfaces. If treated surfaces are to be sealed, they shall be finished by painting, varnishing, or an equivalent coating after the final cleanup is complete and before a clearance examination is performed. Wooden floors shall be sealed with clear polyurethane or painted with deck enamel or durable paint. Vinyl tiles, linoleum and other similar floors shall be sealed with an appropriate floor wax (or equivalent product). Concrete floors shall be sealed with a concrete sealer or other type of concrete deck enamel. Note: Contract specifications may require a Paint Removal Verification Inspection (commonly referred to as "Paint Scrape Inspection") by a certified lead inspector or certified risk assessor prior to sealing treated surfaces.
(11)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed no sooner than 1 hour after final clean-up is completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations consist of visual assessment and clearance sampling. (a)Visual assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or risk assessment report. Surfaces within the mini enclosure must be dry before the visual assessment. The risk assessor or inspector shall inspect the mini enclosure and decontamination unit for breaches and for visual evidence of dust and debris to ascertain that they are free of waste, debris, paint chips, and settled dust before conducting clearance sampling. If visible dust or debris is found during the visual assessment, the mini enclosure must be re-cleaned as described above and re-evaluated before starting clearance sampling. Note: A "baby wipe" may be used in the visual assessment process to determine if a surface is free of debris.
(b)Clearance sampling. Following a passing visual inspection, the risk assessor or lead inspector shall complete the following sampling of the lead abatement project:(i) Collect and analyze a minimum of two dust samples from every mini booth. Sampling and analysis must include one interior windowsill or window well, alternating between areas; and one floor per room plus one floor sample per project within 5 feet of the entrance of containment.I.Exterior project work practices. Abatement workers/supervisors shall follow the following standards when undertaking any abatement project that disturbs the exterior painted surface of a building, excluding window projects. (1)Signs. Post warning signs that meet the standards in Section 6(B)(2) on the building and at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). Signs must remain in place until clearance is achieved.(2)Occupant location. Persons that are not certified lead professionals or qualified Department staff must be excluded from the work area(s) until clearance is achieved during abatement work, they must have safe passage to the bathroom and at least one living area, and an entry/egress pathway. Alternatively, occupants can be relocated for the duration of the project.(3)Pre-cleaning. Remove all movable objects (this may be done by the property owner prior to abatement notification start date), that are within the proposed work area to 20-foot distance from work area. Items that cannot be readily moved to a 20-foot distance shall be sealed with a layer of 6-mil poly with taped seams. The abatement contractor shall remove all pre-existing lead-based paint chips and other debris that is on the ground within the proposed work area before establishing the barrier system.(4)Barrier system. To prevent the spread of lead-based paint hazards during abatement beyond the work area, abatement workers shall install one layer of 6-mil poly or its equivalent ("plastic") on the ground extending 10 feet beyond the perimeter of each work area, securing the plastic to the side of building with tape or other anchoring system so that there are no gaps between the plastic and the building. Do not anchor ladder feet on top of plastic, rather puncture the plastic to anchor ladders securely to ground. Protect plastic with boards to prevent puncture from falling debris, nails, other debris, if necessary. Raise the edges of the plastic to create a basin to prevent contaminated run-off in the event of unexpected precipitation. Weight all plastic sheets down with two-by-fours or similar objects. This defines the work area. Keep all ventilation systems and windows within 20 feet of working surfaces closed. Note: In cases where neighboring buildings are within 20 feet of the treated surfaces the abatement contractor should attempt to notify the occupants to coordinate if possible, the shutting of ventilation systems and windows.
(5)Decontamination unit. Establish a decontamination unit contiguous with the work area or make provisions for blue suits to a remote decontamination unit. Reestablish a decontamination unit each day before initiating abatement activities. The decontamination unit may be removed at the end of each workday.(6)Weather. Do not conduct work if wind speeds are greater than 20 miles per hour at the work site. Work must stop and cleanup must occur before rain begins unless a full containment is used.(7)Security. Temporary fencing or barrier tape must be installed at a 20-foot perimeter around working surfaces (or less if the distance to the next building or sidewalk is less than 20 feet). If an entryway is within 10 feet of working surfaces, the use of an alternative entryway must be required. If practical, install vertical containment to contain lead-based paint hazards. The barrier tape or fencing shall remain in place until clearance is achieved.(8)Debris and removed components. Use a locked dumpster, covered truck, or transfer debris to a locked secure area no later than at the end of each day.(9)Porches. One secured entryway must always be made available to occupants. Do not treat front and rear porches at the same time if there is not a third doorway. Porches must be cleared prior to becoming available for occupant use.(10)Playground equipment, toys, and sandboxes. Remove all movable items to a 20-foot distance from working surfaces. Items that cannot be readily moved to a 20-foot distance shall be wrapped in 6-mil poly or its equivalent and sealed with tape.(11)Daily cleanup shall include:(a) Using cleaning practices that minimize generation of dust by employing a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming;(b) Cleaning all horizontal surfaces in the work area (i.e., the 10-foot 6-mil poly barrier system) in which lead abatement activities are taking place and any vertical surface within 10 feet of treated surfaces;(c) Wrapping debris in protective covering with all seams taped or placed in closed and secure containers;(d) Examining the barrier system and repairing as necessary; and(e) After cleaning the 6-mil poly barrier, roll the barrier inward upon itself for reuse the following day. Alternatively, dispose of the barrier and establish a new barrier before conducting any additional activities the following day.(12)Final cleanup. Upon completion of the abatement, abatement worker/supervisor shall remove lead debris generated by the project, including: (a) Cleaning the work area of all debris containing lead-based paint and dust;(b) Bagging or wrapping debris in 6-mil poly with all seams taped or placed in a closed, secure container and removing from the work area;(c) The use of cleaning practices that minimize generation of dust by a sequence of HEPA vacuuming, wet cleaning, and HEPA vacuuming;(d) Cleaning shall start at the work area furthest from the decontamination unit. Cleaning shall include a sequence of HEPA vacuuming, wet-cleaning, and HEPA vacuuming of the exterior wall and other building components (if applicable), and of the barrier system and decontamination unit. Cleaning shall start at the highest point and proceed down the wall(s) to the decontamination unit; and(e) Protective coverings (i.e., 6-mil poly covering personal property and the barrier system) must be removed in a manner that prevents the dispersion of dust and other debris. Note: Contract specifications may require a Paint Removal Verification Inspection (commonly referred to as "Paint Scrape Inspection") by a certified lead inspector or certified risk assessor prior to sealing treated surfaces.
(13)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations shall consist of a visual assessment.(a)Visual assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or risk assessment report. Surfaces within the work area must be dry before the final visual assessment. The risk assessor or lead inspector shall inspect the work area and decontamination unit for visual evidence of dust and debris to ascertain that they are free of waste, debris, paint chips, and settled dust. If visible dust or debris is found during the visual assessment, the work area must be re-cleaned as described.(b) Porches require dust sampling for clearance when they are in part or encompass the work area (i.e., exterior window work where a porch is present). Note: A "baby wipe" may be used in the visual assessment process to determine if a surface is free of debris.
J.Soil project work practice. Abatement workers/supervisors shall adhere to the following standards when undertaking soil abatement projects.(1)Signs. Post warning signs that meet the standards in Section 6(B)(2) on the building and at a 20-foot perimeter around the building (or less if the distance to next building or sidewalk is less than 20 feet). Signs shall remain in place until clearances are achieved.(2)Occupant location. Building occupants remaining inside the unit shall be excluded from the exterior work area(s) until exterior clearances are achieved and must always have contaminant free entry and egress pathways to the building. Alternatively, the occupants may be excluded from the building until all work has been completed.(3)Pre-cleaning. Remove all movable objects (this may be done by the building owner), that are within the proposed work area to 20-foot distance from work area. Remove all pre-existing lead-based paint chips/debris (this must be done by the abatement contractor) that is on the ground within the proposed work area.(4)Decontamination unit. Establish a decontamination unit contiguous with the work area or establish blue suit procedures to a remote decontamination unit. Reestablish the decontamination unit each day before initiating abatement activities. The decontamination unit may be removed at the end of each workday.(5)Weather. Do not conduct work if wind speeds are greater than 20 miles per hour in the work area. Work must stop and cleanup must occur before rain begins.(6)Security. Temporary fencing or barrier tape must be installed at a 20-foot perimeter around working surfaces (or less if distance to next building or sidewalk is less than 20 feet). If an entryway is within 10 feet of working surfaces, use of alternative entryway is required. The barrier tape or fencing shall remain in place until clearances are achieved.(7)Soil removal and containerization. If the soil removal method is used, all soil shall be containerized at the end of each day in either sealed containers or covered and locked dumpster(s).(8)Clearance examination. A clearance examination shall be conducted to assure that all lead abatement activities have been properly completed. Clearance examinations shall be performed no sooner than 1 hour after final clean-up is completed. Clearance examinations shall be performed by a risk assessor or lead inspector. Clearance examinations shall consist of visual assessment and may include soil clearance sampling.(a)Visual Assessment. The risk assessor or lead inspector shall document that all lead abatement activities were properly completed by visual examination and by reference to documents such as the project specifications or a risk assessment report. The risk assessor or lead inspector shall inspect the work area and decontamination unit for visual evidence of dust and debris. These areas shall be free of waste, debris and paint chips and other lead-based paint wastes before conducting clearance sampling. If dust and debris is found during the visual assessment, the work area must be re-cleaned as described above and visually assessed again before starting clearance sampling.(9)Clearance sampling. Soil samples shall be taken if soil abatement activities involved removing soil in accordance with Section 6(C)(b) has been performed. If the soil abatement project involved capping soil in conformance with Section 6(C)(a) then soil clearance is not required.K.Waste handling and disposal(1)General. The lead abatement contractor shall ensure that all lead-based paint waste is removed from the site not later than one week after completion of clean-up and prior to final clearance. The lead abatement contractor and the contractor removing lead-based paint waste shall comply with all hazardous and solid waste regulations of the Maine Department of Environmental Protection. All generators must retain documentation to substantiate each waste determination, waste transporter used, and final waste disposal location. Note: The U. S. Department of Transportation may also regulate transportation of lead-based paint wastes.
(2)Household lead-based paint wastes. Lead-based paint wastes, (including those generated by individuals, firms, and contractors) are excluded from Hazardous Waste Regulations when the Lead-based paint wastes are derived from abatement, rehabilitation, renovation and remodeling of homes and other households including single and multiple residences, hotels and motels, bunkhouses, picnic grounds, residential day-cares, and day-use recreation areas. These wastes must be handled in accordance with the State of Maine Solid Waste Management Regulations (06-096 C.M.R. chs. 400 - 424.)(3)Commercial lead-based paint wastes. Unless representative analysis demonstrates that the concentration of lead falls below the hazard threshold of 5 mg/L TCLP, commercial lead-based paint wastes are subject to the Hazardous Waste Management Rules (06-096 C.M.R. chs. 850 - 858) when the wastes are derived from: (a) Fire, demolition, and deconstruction of residential structures; or(b) Any activity at nonresidential structures such as public and commercial buildings, warehouses, bridges, water towers, and transmission towers. Notes:
(1) See Federal Register/Vol. 68, No. 117 / Wednesday, June 18, 2003, "Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal Solid Waste Landfills: Disposal of Residential Lead-Based Paint Waste" page 36487-36495. Also see the household hazardous waste exemption in 06-096 C.M.R. ch. 850, § 3(A)(4)(a) (vii).(2) See 06-096 C.M.R. ch. 850 for applicable TCLP analytical protocols. Note: For further guidance on appropriate handling of waste from lead-based paint activities, please contact the Lead & Asbestos Hazard Prevention Program at 207-287-7688.
(4)Solid waste handling and disposal. Handling, storage, transportation and disposal of non-hazardous solid wastes, including household lead-based paint waste as described in Section 1. A(2) above, must meet the following standards: (a) Prior to removing household lead-based paint wastes from the work area, the abatement workers must collect paint chips, dust, soil, rubble, and other household lead-based paint wastes in 6-mil poly trash bags for disposal. Wastes that are too large for trash bags must be wrapped in 6-mil polyethylene plastic or its equivalent and all seams must be taped shut or the lead-based paint wastes must be stored in a lined mobile dumpster, roll-off container, or other container that is covered and contiguous to work area until ready for disposal.(b) Wastes must be stored in a designated and secure area. If the storage area is outside the lead-based paint wastes must be stored in a mobile dumpster, roll-off container, or other container that is covered and secured. Until ready for disposal. Waste should not be dropped in excess of five feet from work area into dumpster.(c) Wastes must be transported in covered vehicles by non-hazardous waste transporters that are licensed in accordance with the Non-Hazardous Waste Transporter License Rule (06-096 C.M.R. ch. 411).(d) All household lead-based paint waste is non-hazardous solid waste and must be disposed of in a solid waste disposal facility that is licensed to handle the waste in accordance with the requirements of the State of Maine Solid Waste Management Rules (06-096 C.M.R. chs. 400 - 424). Prior to shipment, the lead abatement contractor must contact the operator of the solid waste disposal facility to confirm that the household lead-based paint wastes may be disposed of at the facility.(5)Hazardous waste handling, storage, transportation, and disposal. All hazardous wastes, including commercial lead-based paint wastes as described in Section 30 above, must be handled, stored, transported and disposed of in accordance with the State of Maine Hazardous Waste Management Rules (06-096 C.M.R. chs. 850 - 858), including the Licensing of Transporters of Hazardous Waste (06-096 C.M.R. ch. 853).L.Clearance Standards(1)Clearance standards. Clearance standards for residential dwelling units and child-occupied facilities are as follows:(a) Hard floors - 10 ug/ft2 (micrograms of lead per square foot).(b) Carpeted floors - 10 ug/ft2(c) Interior windowsills - 100 ug/ft2(d) Window trough - 100 ug/ft2(e) Porch - 40 ug/ft2If the test results are equal to or exceed these standards, the lead abatement contractor shall perform the following actions, as appropriate: If a single-surface dust sample for a residential dwelling unit or child-occupied facility fails, all components that the sample represents shall be re-cleaned in accordance with final cleanup requirements of Sections 6(E)(8), 6(F)(7), 6(G)(10), 6(H)(9), or 6(I)(12) as applicable, until they pass a clearance sampling. If single surface samples in only one room or on one type of component fail, only that room or component shall be re-cleaned and be retested until it passes a clearance sampling.
(2)Soil clearance standards(a)General. Clearance soil samples shall be taken if soil abatement activities involving removing soil in accordance with Section 6(C)(7)(b) have been performed. If the exterior lead abatement activities only involved capping lead contaminated soil, then clearance soil samples are not required and only a visual assessment is required.(b)Sampling and analytical requirements. Clearance soil samples shall be collected and analyzed in accordance with the following requirements. (i) Soil testing shall not begin until the property passes the visual assessment.(ii) All soil samples shall be composite and random samples of bare soil only.(iii) The number and location of clearance soil samples shall be taken in accordance with the following specifications: a. One composite sample shall be collected around the perimeter of the building from perimeter areas that are not play areas. If only selected faces of the building were treated, the subsamples must come from those faces. Composite sample technique should be a minimum of 5 aliquots and not exceed 10 aliquots in these areas.b. A second composite sample shall be collected from bare soil in play areas, if any. Composite sample technique should be a minimum of 3 aliquots and not exceed 10 aliquots in these areas.(c)Soil clearance standards. If the test results for bare soil samples in play areas equal to or exceed 100 ppm or soil samples from the perimeter of the building in other than play areas equal to or exceed 900 ppm, then the work area fails the clearance examination and the actions required by Section 6(C)(7) shall be performed.M.Reporting requirements(1)Final clearance sampling results. A lead inspector or lead risk assessor shall provide all final clearance sampling results from a lead abatement project to the lead abatement contractor and the Department using the Department-approved Lead Abatement Project Clearance Summary Form M within 48 hours of receipt of those results. See Appendix E for a copy of the Form M.(2)Lead abatement report. Within 30 days of completion of the abatement, the lead abatement contractor shall prepare and provide to the property owner a lead abatement report and the lead abatement contractor shall also provide a copy of this report upon request to any lead inspector, risk assessor, and/or design consultant who performed services on the project. The abatement report is required even in instances where the property owner is also the abatement contractor who performed the abatement. The abatement report shall include the following information: (a) Start and completion dates of abatement;(b) The name and address of each licensed firm conducting the abatement and the name of each project supervisor assigned to the abatement project;(c) The occupant protection plan prepared pursuant to Section 6(B)(3);(d) The name, address, and signature of each certified risk assessor or lead inspector conducting clearance examinations and the date of clearance sampling;(e) The results of clearance examinations, including all dust and soil analyses (if applicable) and the name of each NLLAP-accredited laboratory that conducted the analyses; and(f) A detailed written description of the abatement, including abatement methods used, locations of rooms and/or components where abatement occurred and any suggested monitoring of encapsulants or enclosures.N.Recordkeeping requirements. A lead abatement contractor shall maintain all documents listed in this Section for a minimum of seven years at its principal place of business or at an archive facility approved in advance by the Department, in a form which is easily retrievable by project.(1) A lead abatement contractor must make the following documents available to the Department within 24 hours of request:(a) Documents required by all applicable OSHA standards (July 1, 2020);(b) The name, address, and Department certification number for each of its employees engaged in lead abatement activities, including dates of employment;(c) Identification, by name and Department certification number, of each employee's involvement in each of the lead abatement contractor's past and present lead abatement projects, including name, address, location, and duration of each project;(d) Copies of all correspondence between the lead abatement contractor and any regulatory agency, including letters, notices, citations received, and any notifications made by the contractor pursuant to this Chapter;(e) Documents required to be maintained under any other applicable federal, state, or local laws or regulations governing lead-based paint hazards and lead hazards and occupational safety and health;(f) Documentation on lead-based paint wastes generated by each project delineating: amounts; results of any waste sampling and analysis, if applicable; the waste transporter; and the disposal site;(g) Copies of all laboratory and design consultant reports provided to the lead abatement contractor documenting workplace and personal exposure levels;(h) Copies of abatement related reports provided to the lead abatement contractor regarding inspection, project design, and clearances, including the lead abatement project clearance inspection form;(i) Individual project records specified in Section 6(N)(2) below; and(j) The lead abatement report created in conformance with Section 6(M).(2) A lead abatement contractor must maintain the following documents at the abatement work site throughout the duration of such activity, and must make the documents immediately available to the Department and to the lead inspector or risk assessor monitoring the project upon request:(a) A current copy of Chapter 424;(b) A copy of the ongoing lead abatement project design or work plan, and occupant protection plan;(c) A copy of the abatement contractor's current license;(d) A listing of all employees, by name, and Department certification number, who are assigned to the on-going project;(e) A listing of each of the subcontractors involved in the ongoing project;(f) A Department certification card for each employee involved in the on-going project;(g) A daily sign-in/sign-out log clearly identifying each employee involved in the on-going project by name and Department certification number, and identifying the length of time spent at each project location;(h) Records of all project documentation including a copy of the lead abatement project drawing and a daily supervisor's (job notes) log.(i) A copy of the notification of the project provided to the Department; and(j) Copies of other documentation which is relevant to the project including:(i) Notice of Inspection forms from the Department; and(ii) Copies of any correspondence with regulatory agencies concerning the project.O.Non-standard work practice requirements. Variances to the work practice requirements may be permitted when the standard procedure is not practicable, not feasible, not safe, or when an alternative exists, and the proposed variance adequately protects human health and safety and the environment from exposure to lead-based paint hazards and lead hazards.(1) Non-standard work practice requests must be developed by a certified design consultant or project supervisor and must be sent in writing to the Department on the original notification form unless unforeseeable conditions occur during the project that warrant a request at a later time. The written request must include a justification that presents clear and convincing evidence that the lead project is distinctive in some way and the proposed alternative(s) to required work practices will comply with the intent of State law and these rules. Where applicable, the design consultant or project supervisor submitting the non-standard work practice request must notify the design consultant who prepared the original project design for the project of the non-standard work practice(s) submission to the Department. This notification must be concurrent with the non-standard work practice submission to the Department.(2) Non-standard work practices require written authorization from the Department prior to implementation. Note: The Department intends to respond to non-standard work practice requests within 5 working days of receipt and will indicate whether the proposal is authorized or not, and if not, why not.
(3) The Department can revoke a non-standard work practice approval whenever additional information is obtained or a change in project conditions occurs. Note: When given a variance, the abatement contractor must comply with all other applicable provisions of this rule and other applicable state and federal laws and rules.
06-096 C.M.R. ch. 424, § 6