(a) If conducted, abatements may only be performed on target housing or child-occupied facilities by an individual who is:

1. (1) Certified by the Department of Health as a supervisor or a worker; and
2. (2) Employed by a licensed lead-based paint abatement contractor or a lead-based paint consultant or as an in-house employee.

(b)

1. (1) A certified supervisor:

   1. (A) Is required for each abatement project; and
   2. (B) Shall be onsite during:

(i) All work site preparation, abatement; and

1. (ii) The postabatement cleanup of work areas.

2. (2) Onsite means at the physical location where the site preparation, abatement, and postabatement activities are conducted at the time the lead-based paint activities are conducted.

   1. (c) The certified supervisor and the contractor or consultant, or if the supervisor is an in-house employee, the building owner employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this part and all other federal and state environmental statutes and rules.

      1. (d) Notification of the commencement of lead-based paint abatement activities in target housing or child-occupied facility or as a result of a federal, state, or local order shall be given to the department prior to the commencement of abatement activities as required in 20 CAR §§ 130-701 – 130-705.

(e) A written occupant protection plan shall be:

1. (1) Developed for all abatement projects; and

2. (2) Prepared according to the following procedures:

   1. (A)

      1. (i) The occupant protection plan shall be unique to each target house or child-occupied facility and be developed prior to the abatement.
      2. (ii) The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards;
   2. (B) A certified supervisor or certified project designer shall prepare the occupant protection plan; and

   3. (C) Occupant protection plans may only be performed on target housing or child-occupied facilities by an individual who is:

      1. (i) Certified by the department as a supervisor or project designer; and
      2. (ii) Employed by a licensed lead-based paint abatement contractor or a lead-based paint consultant or as an in-house employee.

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

1. (1) Open-flame burning or torching of lead-based paint is prohibited;
2. (2) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with high efficiency particulate air (HEPA) exhaust control which removes particles of three-tenths (0.3) microns or larger from the air at ninety-nine and ninety-seven hundredths percent (99.97%) or greater efficiency;

3. (3) Dry scraping of lead-based paint is permitted only in the following circumstances:

   1. (A) In conjunction with heat guns;
   2. (B) Around electrical outlets; or
   3. (C) When treating defective paint spots totaling no more than two square feet (2 sq. ft.) in any one (1) room, hallway, or stairwell or totaling no more than twenty square feet (20 sq. ft.) on exterior surfaces; and
4. (4) Operating a heat gun on lead-based paint is permitted only at temperatures below one thousand one hundred degrees Fahrenheit (1,100˚ F).

(g) If conducted, soil abatement shall be conducted in one (1) of the following ways:

1. (1) If soil is removed:

   1. (A) The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater than four hundred parts per million (400 ppm); and
   2. (B) The soil that is removed shall not be used as top soil at another residential property or child-occupied facility;
2. (2) If soil is not removed, the lead-contaminated soil shall be permanently covered, as defined in this part; or

3. (3)

   1. (A) If hydro blasting or high-pressure water is used for abatement, the building owner or the licensed lead-based paint contractor or consultant conducting the abatement must:

      1. (i) Collect and containerize the water;
      2. (ii) Send a copy of a waste shipment report to the Lead-Based Paint Program of the department; and
      3. (iii) Transport it to a permitted wastewater treatment facility for disposal.
   2. (B) The permitted wastewater treatment facility must then provide a copy of a waste shipment manifest to the Lead-Based Paint Section of the department within thirty (30) days of the disposal.

   3. (C)

      1. (i) The building owner or the licensed lead-based paint contractor or consultant may submit an alternative method for collecting and containerizing the lead contaminated water to a permitted wastewater treatment facility to the Director of the Department of Health for his or her written approval.
      2. (ii) The director shall issue a decision within ninety (90) days of submission.
      3. (iii) The decision of the director is appealable.

(h) The following postabatement clearance procedures shall be performed only by a certified inspector or risk assessor:

1. (1)

   1. (A) Following an 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.
   2. (B) If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures;

2. (2)

   1. (A) Following the visual inspection and any postabatement cleanup required in subdivision (h)(1) of this section, above, clearance sampling for lead-contaminated dust shall be conducted.
   2. (B) Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques;
3. (3) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures;
4. (4) Dust samples for clearance purposes shall be taken a minimum of one (1) hour after completion of final postabatement cleanup activities;

5. (5) The following postabatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the target house or child-occupied facility:

   1. (A)

      1. (i) After conducting an abatement with containment between abated and unabated areas, one (1) dust sample shall be taken from:

(b) (b) One (1) dust sample shall be taken from the floor of no fewer than four (4) rooms, hallways, or stairwells within the containment area.

1. (ii)

(b) (b) If there are fewer than four (4) rooms, hallways, or stairwells within the containment area, then all rooms, hallways, or stairwells shall be sampled;

1. (B)

   1. (i) After conducting an abatement with no containment, two (2) dust samples shall be taken from no fewer than four (4) four rooms, hallways, or stairwells in the target housing or child-occupied facility.

      1. (ii) One (1) dust sample shall be taken from:

(b) (b) One (1) dust sample shall be taken from the floor of each room, hallway, or stairwell selected.

1. (iii) If there are fewer than four (4) rooms, hallways or stairwells within the target house or child-occupied facility then all rooms, hallways, or stairwells shall be sampled; and

   1. (C)

      1. (i) Following an exterior paint abatement, a visible inspection shall be conducted.
      2. (ii) All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris.
      3. (iii) In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated.
      4. (iv) If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable federal, state, and local environmental requirements;
2. (6) The rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodologies;

3. (7)

   1. (A) The certified inspector or risk assessor shall compare the residual lead level, as determined by the laboratory analysis, from each single surface dust sample with clearance levels in subdivision (h)(8) of this section for lead in dust on floors and interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample.
   2. (B) If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be recleaned and retested; and

4. (8) The clearance levels for lead in dust are ten micrograms per square foot (10 µg/sq. ft.) for floors, one hundred micrograms per square foot (100 µg/sq. ft.) for interior window sills, and four hundred micrograms per square foot (400 µg/sq. ft.) for window troughs.

   1. (i) In a multifamily dwelling with similarly constructed and maintained target houses, random sampling for the purposes of clearance may be conducted provided:
5. (1) The certified individuals who abate or clean the target houses do not know which target houses will be selected for the random sample;
6. (2) A sufficient number of target houses is selected for dust sampling to provide a ninety-five percent (95%) level of confidence that no more than five percent (5%) or fifty (50) of the target houses (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels; and
7. (3) The randomly selected target houses shall be sampled and evaluated for clearance according to the procedures found in subdivision (h)(5) of this section, above.

(j)

1. (1) A written abatement report shall be prepared by a certified supervisor or project designer.

2. (2) The abatement report shall include the following information:

   1. (A) Start and completion dates of abatement;
   2. (B) The name, address, telephone number, and license number of each licensed firm conducting the abatement and the name, address, and certificate number of each supervisor assigned to the abatement project;
   3. (C) The occupant protection plan prepared pursuant to subsection (h) of this section;
   4. (D) The name, address, and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing;
   5. (E) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory, as required in 20 CAR § 130-806, that conducted the analyses; and

   6. (F) A detailed written description and diagram of the abatement, including:

      1. (i) Abatement methods used;
      2. (ii) Locations of rooms and/or components where abatement occurred;
      3. (iii) Reason for selecting particular abatement methods for each component; and
      4. (iv) Any suggested monitoring of encapsulant or enclosures.

(k) The work practice standards in this part do not apply when treating paint-lead hazards of less than:

1. (1) Two square feet (2 sq. ft.) of deteriorated lead-based paint per room or equivalent;
2. (2) Twenty square feet (20 sq. ft.) of deteriorated paint on the exterior building; or
3. (3) Ten percent (10%) of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.