1. A. A lead paint risk assessor shall perform environmental sampling in accordance with the technical standards and environmental sampling requirements set forth in this regulation.

2. B. A lead paint risk assessor shall submit a paint chip, soil, or dust wipe sample for analysis to a laboratory:

   1. (1) Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. §2685(b) as accredited under the National Lead Laboratory Accreditation Program; and

   2. (2) That demonstrates it can achieve a quantitation limit equal to or less than:

      1. (a) 20 percent of the lowest level of lead content in paint that constitutes a lead-containing substance, as stated in COMAR 26.16.01.02B;
      2. (b) 20 percent of the lowest action level or regulatory limit for lead content in soil established under 40 CFR §745.65(c) or a more stringent standard published by the Department; or
      3. (c) 50 percent of the lowest level of lead content in dust that constitutes lead-contaminated dust, as stated in COMAR 26.16.02.02B.
3. C. A lead paint risk assessor shall perform dust wipe sampling in accordance with the ASTM E1728/E1728M-20 standard.
4. D. A lead paint risk assessor shall perform XRF sampling on a painted surface using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard.

5. E. A lead paint risk assessor shall perform paint chip sampling:

   1. (1) Only on a surface with deteriorated paint or a defect, or other painted surface as determined necessary by the lead paint risk assessor;
   2. (2) After a dust wipe sample is collected to prevent cross-contamination of dust present on a surface near the area where the paint chip was sampled; and
   3. (3) In accordance with the ASTM E1729-16 standard and COMAR 26.16.05.06C.
6. F. A lead paint risk assessor shall perform composite soil sampling in accordance with the ASTM E1727-16 standard.
7. G. If a tap water sample is collected by a lead paint risk assessor, the lead paint risk assessor shall submit the tap water sample to a laboratory certified by the Department to analyze drinking water samples for lead.

8. H. A lead paint risk assessor shall perform the sampling of a secondary source using:

   1. (1) An environmental sampling method appropriate to detect lead content in the secondary source; or
   2. (2) XRF sampling, using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard.

Authority: Environment Article, §§ 6-304, 6-305, 6-801, 6-819, 6-846, and 6-1001— 6-1005, Annotated Code of Maryland

Effective date: July 1, 2020 (47:13 Md. R. 643)

Regulation .05 amended effective May 25, 2026 (53:10 Md. R. 458)