Authority: IC 16-41-39.8-6

Affected: IC 16-41-39.8

Sec. 28. (a) "Dust-lead hazard" means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding the hazard threshold set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.

(b) A dust-lead hazard is present in a residential dwelling or child-occupied facility:

1. (1) in a residential dwelling on floors, interior window sills, and other horizontal surfaces when the weighted arithmetic mean lead loading for all single surface or composite samples of floors, interior window sills, and other horizontal surfaces are equal to or greater than the hazard threshold set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021;
2. (2) on floors and interior window sills, in an unsampled residential dwelling in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one (1) sampled residential unit on the property; and
3. (3) on floors and interior window sills in an unsampled common area in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one (1) sampled common area in the same common area group on the property.

*This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(Indiana Department of Health; 410 IAC 32-1- 28; filed Sep 10, 2003, 4:24 p.m.: 27 IR 462; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR- 410170339RFA; filed Dec 16, 2021, 8:34 a.m.: 20220112-IR-410210390FRA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR-410230638RFA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-1-21.5) to the Indiana State Department of Health (410 IAC 32-1-28) by P.L.57-2009, SECTION 17, effective July 1, 2009.