Authority: IC 16-41-39.8-6

Affected: IC 16-41-39.8

Sec. 72. (a) "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.

(b) A soil-lead hazard is present:

1. (1) in a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021; or
2. (2) in the rest of the yard when the arithmetic mean lead concentration from a composite sample or composite samples of bare soil from the rest of the yard, including nonplay areas, for each residential building on a property equal to or greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021.

(c) If the soil is removed, it shall:

1. (1) be replaced by soil with a lead concentration as low as practicable, but not greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021; and
2. (2) not be used as top soil at another residential property or facility.

(d) If the soil-lead hazard is equal to or exceeds levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021, the soil-lead hazard must be remediated using an abatement activity.

*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- 72; filed Sep 10, 2003, 4:24 p.m.: 27 IR 465; 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 23-1-60.6) to the Indiana State Department of Health (410 IAC 32-1-72) by P.L.57-2009, SECTION 17, effective July 1, 2009.