Mo. Code Regs. tit. 19 § 30-70.630

Current through Register Vol. 49, No. 23, December 2, 2024

Section 19 CSR 30-70.630 - Lead Abatement Work Practice Standards

PURPOSE: This amendment updates the lead-bearing substance concentration regarding dust samples and adds an additional category in order to align with Federal guidelines.

(1) Licensure. All persons conducting lead abatement shall be licensed as set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 30-70.110 through 19 CSR 30-70.200. Licensed lead abatement professionals must present, upon request, proof of licensure in the form of the photo identification badge issued by the Office of Lead Licensing and Accreditation (OLLA).

(2) Conflict of Interest. OLLA recommends that any person or firm conducting a lead abatement project should avoid potential conflicts of interest by not providing clearance sampling services, inspection, or risk assessment services for that same abatement project.

(3) Documented Methodologies for Conducting Lead Abatement Projects.

(A) All licensed lead abatement workers and supervisors may use the following documented methodologies, but shall, at a minimum, follow the work practice standards presented in this regulation for conducting lead abatement projects:

1. The U.S. Department of Housing and Urban Development (HUD) publication entitled, "Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing" (HUD Guidelines); and

2. The U.S. Environmental Protection Agency publications entitled "Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-Contaminated Soil"; and "Residential Sampling for Lead: Protocols for Dust and Soil Sampling."

(B) Where a conflict exists between any of the aforementioned informational resources and any federal or state statute or regulation, or any city or county ordinance, the most stringent of these shall be adhered to by licensed lead abatement workers and supervisors.

(4) Notification. Any person or lead abatement contractor conducting a lead abatement project in target housing or in any child-occupied facility shall submit a notification to the department at least ten (10) business days prior to the onset of the lead abatement project.

(A) The notification shall be mailed with a check or money order made payable to the Missouri Department of Health for the non-refundable fee of twenty-five dollars ($25) to the Missouri Department of Health, Attention: Fee Receipts, PO Box 570, Jefferson City, MO 65102-0570.

(B) The notification form provided by the department shall include the following:

1. The street address, city, state, zip code, and county of each location where lead abatement will occur;

2. The name, address, and telephone number of the property owner;

3. An indication of the type of structure being abated (i.e., single-family or multi-family dwelling and/or child-occupied facility);

4. The date of the onset of the abatement project;

5. The estimated completion date of the abatement project;

6. The work days and hours of operation that the abatement project will be conducted;

7. The name, address, telephone number, and license number of the lead abatement contractor;

8. The name and license number of each lead abatement supervisor;

9. The name and license number of each lead abatement worker;

10. The type(s) of abatement strategy(ies) that will be utilized (i.e., encapsulation, replacement, and/or removal); and

11. The signature of each lead abatement supervisor which certifies that all information provided in the project notification is complete and true to the best of the supervisor's knowledge.

(5) Emergency Notification. If the lead abatement contractor is unable to comply with the ten (10)-day notification period in the event of an emergency situation as defined in 19 CSR 30-70.600, the lead abatement contractor shall-

(A) Notify OLLA by telephone, facsimile, or electronic mail within twenty-four (24) hours of the onset of the lead abatement project; and

(B) Submit the written notification and notification fee as prescribed in section (4) of this regulation no more than five (5) business days after the onset of the lead abatement project.

(6) Renotification. A renotification shall be submitted to OLLA at least twenty-four (24) hours prior to any changes from the original project notification.

(A) A renotification form shall be mailed to the Missouri Department of Health, Office of Lead Licensing and Accreditation, PO Box 570, Jefferson City, MO 65102-0570.

(B) The renotification form provided by the department shall include the following:

1. The street address, city, state, zip code, and county of each location where abatement will occur;

2. The name, address, and telephone number of the property owner;

3. An indication of the type of structure being abated (i.e., single-family or multi-family dwelling and/or child-occupied facility);

4. The name, address, telephone number, and license number of the lead abatement contractor;

5. A list of changes to the original notification which may include the following:

A. The date of the onset of the abatement project;

B. The estimated completion date of the abatement project;

C. The work days and hours of operation that the abatement project will be conducted;

D. The name, address, telephone number, and license number of the lead abatement contractor;

E. The name and license number of each lead abatement supervisor;

F. The name and license number of each lead abatement worker; and

G. The type(s) of abatement strategy(ies) that will be utilized (i.e., encapsulation, replacement, and/or removal); and

6. The signature of the lead abatement supervisor which certifies that all information provided in the project renotification is complete and true to the best of the supervisor's knowledge.

(7) Occupant Protection Plan.

(A) General Scope. Occupants of dwelling units undergoing lead abatement activities shall be protected from exposure to lead hazards while lead abatement work is being performed. If occupants remain in the dwelling during a lead abatement project, the lead abatement supervisor shall ensure that occupants have safe, uncontaminated access to nonregulated areas. To ensure occupant safety, a written occupant protection plan shall be developed for all abatement projects. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead hazards. The purpose of occupant protection planning is to-

1. Evaluate the necessity of removing occupants from the residence during lead abatement activities;

2. Prevent uncontrolled release of dust and debris beyond the abatement work area;

3. Prevent entry of unlicensed individuals into the regulated area; and

4. Ensure that clearance levels have been met prior to reoccupancy by building residents.

(B) The occupant protection plan shall meet the following requirements:

1. Be unique to each lead abatement project;

2. Be developed and implemented prior to commencement of the lead abatement project;

3. Describe the work practices and strategies that will be taken during the lead abatement project to protect the building occupants from exposure to any lead hazards;

4. Be written by the licensed lead abatement supervisor responsible for the project;

5. Include the results of any lead inspections or risk assessments completed prior to the commencement of the lead abatement project;

6. The occupant protection plan shall be provided to an adult occupant of each dwelling or dwelling unit being abated, and the property owner, or property owner's designated representative, prior to the commencement of the lead abatement project; and

7. The occupant protection plan shall be submitted to OLLA with the lead abatement project notification.

(8) Post-Abatement Project Report. A post-abatement project report shall be prepared by a licensed lead abatement supervisor or licensed project designer and shall be provided to the property owner within twenty (20) business days of the abatement project completion. The licensed supervisor or project designer shall make copies of the report available to OLLA upon request. The report shall include the following information:

(A) The project location and address;

(B) The actual start and completion dates of the abatement project;

(C) The name, address, telephone number, and license number of the contractor conducting the lead abatement project;

(D) The name and license number of each lead abatement supervisor and/or project designer;

(E) The name and license number of each lead abatement worker;

(F) The name and license number of each lead inspector or risk assessor responsible for clearance testing;

(G) The date and the results of clearance testing, and the name of each National Lead Laboratory Accreditation Program (NLLAP)-accredited laboratory that conducted the analyses; and

(H) A detailed written description of the lead abatement project, including abatement methods used, locations of rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulant or enclosure.

(9) Lead Abatement Project Requirements.

(A) General.

1. A licensed lead abatement supervisor is required for each abatement project and shall be on-site 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 licensed supervisor shall be on-site or available by telephone, pager, or answering machine and able to be present at the work site in no more than two (2) hours.

2. The lead abatement supervisor, as well as the lead abatement contractor employing that lead abatement supervisor, shall ensure that all abatement project activities are conducted according to the requirements of these work practice standards for conducting lead-bearing substance activities (19 CSR 30-70.600 through 19 CSR 30-70.630) and all federal, state, and local laws, regulations, or ordinances pertaining to lead-bearing substance activities.

3. The lead abatement supervisor shall have on-site a list of all licensed lead abatement workers, which shall include their names and license numbers, working on the current project.

4. All abatement project activities shall be performed by persons currently licensed by OLLA as lead abatement workers and/or lead abatement supervisors. These people shall present, upon request, proof of licensure in the form of the photo identification badge issued by OLLA.

5. A written occupant protection plan shall be developed prior to all abatement projects according to section (7) of this regulation.

6. Access to the regulated area shall be limited to OLLA-licensed lead professionals or department-authorized persons.

7. All waste generated from a lead-based paint abatement project shall be disposed of in accordance with the requirements of Environmental Protection Agency (EPA), Missouri Department of Natural Resources, and any other applicable federal, state, and local laws.

(B) Prohibited Lead Abatement Project Strategies. The following lead abatement project strategies are prohibited:

1. Open-flame burning or torching of lead-bearing substances;

2. Machine sanding or grinding or abrasive blasting or sandblasting of lead-bearing substances without containment and high efficiency particulate air (HEPA)-vacuum exhaust control;

3. Hydroblasting or pressurized water washing of lead-bearing substances without containment and water collection and filtering;

4. Heat guns operating above one thousand one hundred degrees Fahrenheit (1,100 ^oF);

5. Methylene chloride based chemical strippers;

6. Solvents that have flashpoints below one hundred forty degrees Fahrenheit (140 ^oF);

7. Dry scraping strategies unless in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two (2) square feet in any one room, hallway, or stairwell or totaling no more than twenty (20) square feet on exterior surfaces;

8. Enclosure strategies where the barrier is not warranted by the manufacturer to last at least twenty (20) years under normal conditions, or where the primary barrier is not a solid barrier; and

9. Encapsulation strategies where the encapsulant is not warranted by the manufacturer to last at least twenty (20) years under normal conditions, or where the encapsulant has been improperly applied.

(C) Permissible Lead Abatement Project Strategies. Strategies that are permissible for lead abatement projects are as follows: replacement, enclosure, encapsulation, or removal. Any abatement strategy not specified herein shall be submitted to the Missouri Department of Health, Office of Lead Licensing and Accreditation, PO Box 570, Jefferson City, MO 65102-0570 for evaluation and approval prior to use.

1. Replacement.

A. Non-window component replacement. When conducting non-window component replacement, these minimum requirements shall be met-

(I) The site shall be prepared by first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to prevent unlicensed and/or unauthorized personnel from approaching closer than twenty feet (20') to the replacement operation;

(II) Signs shall be posted at all entrances to the regulated area, and shall include the words "WARNING: LEAD AREA, POISON-NO SMOKING OR EATING" in bold lettering not smaller than two (2") inches tall with additional language prohibiting entrance to the regulated area by unauthorized personnel;

(III) Any heating and cooling systems within the regulated area shall be shut down and the vents sealed with six (6)-mil poly to prevent lead dust accumulation within the system;

(IV) All items shall be cleaned within the regulated area by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the area, or covered with six (6)-mil poly and sealed with duct tape;

(V) At least one layer of six (6)-mil, or thicker, poly shall be placed on the floor at the base of the component and extend at least ten feet (10') beyond the perimeter of the component to be replaced;

(VI) The component, and the area immediately adjacent to the component, shall be thoroughly wetted using a garden sprayer, airless mister, or other appropriate means to reduce airborne dust;

(VII) After removal of the component, the surface behind the removed component shall be thoroughly wetted to reduce airborne dust;

(VIII) The component shall be wrapped or bagged completely in six (6)-mil poly and sealed with duct tape to prevent loss of debris or dust; and

(IX) Prior to installing a new component, the area of replacement shall be cleaned by HEPA vacuuming. After replacement is complete, the regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again.

B. Window replacement. When conducting window replacement, these minimum requirements shall be met-

(III) If replacing window from the inside-

(a) Critical barrier containment shall be established covering the window on the exterior;

(b) A perimeter of five feet (5') shall be established extending from the base of the interior window to be replaced;

(c) Items within the perimeter shall be removed. Items too large to remove shall be covered with poly sheeting and sealed with duct tape and left in the perimeter; and

(d) At least one layer of six (6)-mil poly, or thicker, shall be placed on the ground and extend five feet (5') out from the base of the window;

(IV) If replacing window from the exterior-

(a) Critical barrier containment shall be established covering the window on the interior;

(b) A perimeter of five feet (5') shall be established extending from the base of the exterior window to be replaced;

(c) Items within the perimeter shall be removed. Items too large to remove shall be covered with poly sheeting and sealed with duct tape; and

(d) At least one layer of six (6)-mil poly, or thicker, shall be placed on the ground and extend five feet (5') out from the base of the window ensuring that all ground plants and shrubs in the perimeter are covered;

(V) The component, and the area immediately adjacent to the component, shall be thoroughly wetted using a garden sprayer, airless mister, or other appropriate means to reduce airborne dust;

(VI) After removal of the component, the surface behind the removed component shall be thoroughly wetted to reduce airborne dust;

(VII) The component shall be wrapped or bagged completely in six (6)-mil poly and sealed with duct tape to prevent loss of debris or dust; and

(VIII) Prior to installing a new component, the area of replacement shall be cleaned by HEPA vacuuming. After replacement is complete, the regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again.

2. Enclosure. When conducting a lead abatement project using the enclosure strategy, these minimum requirements shall be met-

A. The site shall be prepared by first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to prevent unlicensed and/or unauthorized personnel from approaching closer than twenty feet (20') to the enclosure operation;

B. Signs shall be posted at all entrances to the regulated area, and shall include the words "WARNING: LEAD AREA, POISON-NO SMOKING OR EATING" in bold lettering not smaller than two inches (2") tall with additional language prohibiting entrance to the regulated area by unauthorized personnel;

C. Any heating and cooling systems within the regulated area shall be shut down and the vents sealed with six (6)-mil poly to prevent lead dust accumulation within the system;

D. All items shall be cleaned within the regulated area by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the area or covered with six (6)-mil poly and sealed with duct tape;

E. At least one layer of six (6)-mil, or thicker, poly shall be placed on the floor at the base of the component and extend at least ten feet (10') beyond the perimeter of the component to be enclosed;

F. The surface to be enclosed shall be labeled (behind the enclosure), horizontally and vertically, approximately every two feet (2') with a warning, "Danger: Lead-Based Paint," in permanent ink;

G. The enclosure material shall be applied directly onto the painted surface, or a frame shall be constructed of wood or metal, using nails, staples, or screws. Glue may be used in conjunction with the aforementioned fasteners, but not alone;

H. The material used for the enclosure barrier shall be solid and rigid enough to provide adequate protection. Materials including, but not limited to, wall papers, contact paper, films, folding walls, and drapes do not meet this requirement;

I. Enclosure systems and their adhesives shall be designed to last at least twenty (20) years;

J. The substrate or building structure to which the enclosure is fastened shall be sufficient structurally to support the enclosure barrier for at least twenty (20) years. Deterioration such as mildew, water damage, dry rot, termite damage, or any significant structural damage may impair the enclosure from remaining dust tight;

K. Preformed steel, aluminum, vinyl, or other construction material may be used for window frames, exterior siding, trim casings, column enclosures, moldings, or other similar components if they can be sealed dust tight;

L. A material equivalent to one-fourth inch (1/4") rubber or vinyl may be used to enclose stairs;

M. The seams, edges, and fastener holes shall be sealed with caulk or other sealant, providing a dust-tight system;

N. All equipment used in the regulated area shall be thoroughly cleaned with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area;

O. Prior to clearance, the installed enclosure and surrounding regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again. Cleaning shall begin at the end of the work area farthest from the main entrance to the area and from the top to the bottom of the regulated area; and

P. It is recommended that a visual evaluation of the enclosure's integrity be conducted and documented by the building owner or the building owner's representative at least every year or immediately after any fire, water, or structural damage. In child-occupied facilities, it is recommended that a licensed risk assessor inspect all enclosures every three (3) years, or whenever the owner's visual evaluation indicates a potential for increased lead hazard exposure.

3. Encapsulation.

A. The encapsulation strategy of lead abatement shall not be used on the following:

(I) Friction surfaces-such as window sashes and parting beads, door jambs and hinges, floors, and door thresholds;

(II) Deteriorated components- including rotten wood, rusted metal, spalled or cracked plaster, or loose masonry;

(III) Impact surfaces, such as door stops, window wells, and headers;

(IV) Deteriorated surface coatings such that the adhesion or cohesion of the surface coating is uncertain or indeterminable; and

(V) Incompatible coatings.

B. When conducting a lead abatement project using the encapsulation strategy, these minimum requirements shall be met-

(I) Encapsulant selection shall be limited to those that are warranted by the manufacturer to last for at least twenty (20) years and comply with fire, health, and environmental regulations;

(II) Surfaces to be encapsulated shall have sound structural integrity with no loose, chipping, peeling, or chalking paint and no dust accumulation that cannot be cleaned, and shall be prepared and applied according to the manufacturer's recommendations;

(III) The site shall be prepared by first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be designated as to prevent unlicensed and/or unauthorized personnel from approaching closer than twenty feet (20') to the encapsulation operation;

(IV) Signs shall be posted at all entrances to the regulated area, and shall include the words "WARNING: LEAD AREA, POISON-NO SMOKING OR EATING" in bold lettering not smaller than two inches (2") tall with additional language prohibiting entrance to the regulated area by unauthorized personnel;

(V) Any heating and cooling systems within the regulated area shall be shut down and the vents sealed with six (6)-mil poly to prevent lead dust accumulation within the system;

(VI) All items shall be cleaned within the regulated area by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the area, or covered with six (6)-mil poly sheeting and sealed with duct tape;

(VII) At least one layer of six (6)-mil, or thicker, poly shall be placed on the ground at the base of the component and extend at least ten feet (10') beyond the perimeter of the component to be encapsulated;

(VIII) A patch test shall be conducted prior to general application to determine the adhesive and cohesive properties of the encapsulant on the surface to be encapsulated (see the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Chapter 13);

(IX) After the manufacturer's recommended curing time, the entire encapsulated surface shall be inspected by a licensed lead abatement supervisor or a licensed project designer. Any unacceptable areas shall be evaluated to determine if a complete failure of the system is indicated, or whether the system can be patched or repaired. Unacceptable areas are evidenced by delamination, wrinkling, blistering, cracking, cratering, and bubbling of the encapsulant;

(X) After the encapsulation is complete, the regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again. Cleaning shall begin at the end of the work area farthest from the main entrance to the area and from the top to the bottom of the regulated area;

(XI) All equipment used in the regulated area shall be thoroughly cleaned with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area; and

(XII) It is recommended that a visual evaluation of the encapsulant's integrity be conducted and documented by the building owner or the building owner's representative at least every year or immediately after any fire, water, or structural damage. In child-occupied facilities, it is recommended that a licensed risk assessor inspect all enscapsulations every three (3) years, or whenever the owner's visual evaluation indicates a potential for increased lead hazard exposure.

4. Removal.

A. Acceptable removal strategies include:

(I) Manual wet strategies-Manual wet scraping or manual wet sanding is acceptable for removal of lead surface coatings;

(II) Mechanical removal strategies-Power tools that are HEPA-shrouded or locally exhausted are acceptable removal strategies for lead surface coatings. HEPA-shrouded or exhausted mechanical abrasion devices such as sanders, saws, drills, rotopeens, vacuum blasters, and needle guns are acceptable;

(III) Chemical removal strategies- Chemical strippers shall be used in compliance with manufacturer's recommendations; and

(IV) Soil abatement-When soil abatement is conducted, the lead-bearing soil shall be removed, tilled, or permanently covered in place as indicated in the following subparts:

(a) Removed soil shall be replaced with fill material containing no more than one hundred parts per million (100 ppm) of total lead. If the fill material exceeds one hundred (100) ppm total lead, the fill material will be acceptable only if the lead solubility is less than five (5) ppm. Soil that is removed shall not be reused as topsoil in another residential yard or child-occupied facility;

(b) If tilling is selected, soil in a child-accessible area shall be tilled to a depth which results in no more than four hundred (400) ppm total lead of the homogenized soil, or other concentrations approved by the department. Soil in an area not accessible to children shall be tilled to a depth which results in no more than two thousand (2,000) ppm total lead of the homogenized soil or other concentrations approved by the department;

(c) Permanent soil coverings include solid materials such as pavement or concrete, which separate the soil from human contact. Grass, mulch, and other landscaping materials are not considered permanent soil covering; and

(d) Soil abatement shall be conducted to prevent lead contaminated soil from being blown from the site and/or from being carried away by water run-off or through percolation to groundwater.

B. Interior removal. When conducting a lead abatement project using the removal strategy on interior surfaces, these minimum requirements shall be met-

(I) The site shall be prepared by first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to prevent unlicensed and/or unauthorized personnel approaching closer than twenty feet (20') to the removal operation;

(II) Signs shall be posted at all entrances to the regulated area, and shall include the words "WARNING: LEAD AREA, POISON-NO SMOKING OR EATING" in bold lettering not smaller than two inches (2") tall with additional language prohibiting entrance to the regulated area by unauthorized personnel;

(III) Any heating and cooling systems within the regulated area shall be shut down and the vents sealed with six (6)-mil poly to prevent lead dust accumulation within the system;

(IV) All items within the regulated area shall be cleaned by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the area, or covered with six (6)-mil poly and sealed with duct tape;

(V) All windows below and within the regulated area shall be closed;

(VI) Critical barrier containment shall be constructed;

(VII) At least two (2) layers of six (6)-mil, or thicker, poly shall be placed on the floor at the base of the component and extend at least ten feet (10') beyond the perimeter of the component being abated (removal by the chemical strategy may require chemical resistant floor cover; follow manufacturer's recommendations);

(VIII) All equipment used in the regulated area shall be thoroughly cleaned with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area;

(IX) At the end of each work shift, the top layer of six (6)-mil poly shall be removed and used to wrap and contain the debris generated by the shift. The six (6)-mil poly shall then be sealed with duct tape and kept in a secured area until final disposal. The second layer of six (6)-mil poly shall be HEPA vacuumed, left in place and used during the next shift. A single layer of six (6)-mil poly shall be placed on this remaining poly before abatement resumes; and

(X) After the removal is complete, the regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all surfaces with a cleaning solution, rinsing all surfaces, and then HEPA vacuuming the area again. Cleaning shall begin at the end of the work area farthest from the entrance to the area and from the top to the bottom of the regulated area.

C. Exterior removal. When conducting a lead abatement project using the removal strategy on exterior surfaces, these minimum requirements shall be met-

(I) The site shall be prepared by first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be designated as to prevent unlicensed and/or unauthorized personnel from approaching closer than twenty feet (20') to the removal operation;

(II) Signs shall be posted at all entrances to the regulated area, and shall include the words "WARNING: LEAD AREA, POISON-NO SMOKING OR EATING" in bold lettering not smaller than two inches (2") tall with additional language prohibiting entrance to the regulated area by unauthorized personnel;

(III) All movable items shall be moved twenty feet (20') from working surfaces. Items that cannot be readily moved twenty feet (20') from working surfaces shall be covered with six (6)-mil poly and sealed with duct tape;

(IV) At least one layer of six (6)-mil, or thicker, poly shall be placed on the ground and extend at least ten feet (10') from the abated surface plus another five feet (5') out for each additional ten feet (10') in surface height over twenty feet (20'). In addition, the poly shall-

(a) Be securely attached to the side of the building with cover provided to all ground plants and shrubs in the regulated area;

(b) Be protected from tearing or perforating;

(c) Contain any water, including rainfall, which may accumulate during the abatement; and

(d) Be weighted down to prevent disruption by wind gusts;

(V) All windows in the regulated area and all windows below and within twenty feet (20') of working surfaces shall be closed. It is recommended that the windows of adjacent structures within twenty feet (20') also be closed;

(VI) Work shall cease if constant wind speeds are greater than ten (10) miles per hour;

(VII) Work shall cease and cleanup shall occur if rain begins;

(VIII) All equipment used in the regulated area shall be thoroughly cleaned with a cleaning solution and/or vacuumed with a HEPA vacuum prior to removal from the regulated area; and

(IX) The regulated area shall be HEPA vacuumed and cleaned of lead-based paint chips, poly and other debris generated by the abatement project work at the end of each workday. Debris shall be kept in a secured area until final disposal.

(10) Post-Abatement Clearance Procedures. The following post-abatement clearance procedures shall be performed only by a licensed lead inspector or risk assessor:

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

(B) Following the visual inspection and any post-abatement cleanup required by subsection (10)(A) of this regulation, clearance sampling for lead-contaminated dust and/or soil shall be conducted;

(C) Dust and soil sampling shall be conducted using the documented methodologies referenced in section (3) of this regulation;

(D) Dust samples for clearance purposes shall be taken a minimum of one (1) hour after completion of final post-abatement cleanup activities;

(E) The licensed lead inspector or risk assessor shall compare the residual lead level from each dust and/or soil sample with clearance levels specified in section (11) of this regulation for lead in dust on floors, windows, and soil;

(F) If the lead levels in a clearance dust sample exceed the clearance levels, all the components represented by the failed dust sample shall be recleaned and tested until clearance levels are met;

(G) If the lead levels in a soil clearance sample exceed the clearance levels, the soil shall be abated until a composite soil sample meets clearance levels; and

(H) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided-

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

2. A sufficient number of residential dwellings are selected for dust sampling to provide a ninety-five percent (95%) level of confidence that no more than five 5 percent (5%) or fifty (50) of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels; and

3. The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in subsections (10)(A) through (10)(G) of this regulation.

(11) Clearance Levels. For each respective media, the following clearance levels shall be met for a lead-abatement project to be considered complete (if background lead levels are lower than the following clearance levels, clearance is not complete until background values are met):

(A) Dust samples-

Media	Clearance Level
Interior Floors	10 µg/ft²
Porch Floors	40 µg/ft²
Interior window sills	100 µg/ft²
Window troughs	100 µg/ft²

(B) Soil samples-

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19 CSR 30-70.630

AUTHORITY: section 701.301, RSMo 2000, and section 701.312, RSMo Supp. 2011.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. Amended: Filed Nov. 30, 2011, effective June 30, 2012.

Amended by Missouri Register August 17, 2020/Volume 45, Number 16, effective 9/30/2020

*Original authority: 701.301, RSMo 1998 and 701.312, RSMo 1993, amended 1998, 2005.