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007.40.2-VIII. Work Practice Standards for Lead -- Based Paint Activities Conducted in Target H...

AR ADC 007.40.2-VIIIArkansas Administrative CodeEffective: September 27, 2021

West's Arkansas Administrative Code
Title 007. Department of Health
Division 40. Center for Public Health Practice
Rule 2. Rules Pertaining to Lead-Based Paint Activities
Effective: September 27, 2021
Ark. Admin. Code 007.40.2-VIII
Formerly cited as AR ADC 007.04.11-VIII
007.40.2-VIII. Work Practice Standards for Lead -- Based Paint Activities Conducted in Target Housing or Child -- Occupied Facilities
(a) Work practice standards
All lead -- based paint activities performed on target housing or child-occupied facilities must comply with the following work practice standards.
(1) For purposes of this rule, lead -- based paint activities include:
(A) Inspection;
(B) Lead-hazard screen;
(C) Risk assessment;
(D) Abatement, including preparation of the occupant protection plan;
(2) All lead -- based paint activities shall be performed pursuant to the work practice standards contained in this chapter.
(3) When performing any lead -- based paint activity described by the certified individual as an inspection, lead -- hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below.
(4) Documented methodologies that are appropriate for this chapter are found in the following:
(A) The U.S. Department of Housing and Urban Development, (HUD) Guidelines for the Evaluation and Control of Lead -- based Paint Hazards in Housing;
(B) The EPA Guidance on Residential Lead -- based Paint, Lead-contaminated Dust, Lead-contaminated Soil. 40 F.R. 47248 September, 1995; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, EPA Report Number 747-R-95-001 (March, 1995); and
(C) Rules, guidances, methods or protocols issued by a state or Indian Tribes that are authorized by EPA which are submitted to the Director for written approval as provided in this rule.
(5) Clearance levels appropriate for the purposes of this chapter may be found in the EPA Guidance on Residential Lead -- based Paint, Lead -- contaminated Dust, and Lead-contaminated Soil or other equivalent guidelines.
(b) Inspection of target housing and child-occupied facilities for the presence of lead -- based paint
(1) Inspection may only be performed by an individual meeting the following criteria:
(A) Certified by the Department as an inspector or risk assessor; and
(B) Performing the inspection for a licensed lead -- based paint consultant or lead -- based paint contractor or as an in-house employee.
(2) If a lead -- based paint inspection is conducted on a target house or child-occupied facility, the inspection must be conducted according to the following procedures:
(A) When conducting an inspection, the following locations shall be selected according to documented methodologies, as defined in this rule, and tested for the presence of lead -- based paint:
(i) In a target house and child -- occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead -- based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead -- based paint; and
(ii) In a multi-family dwelling or child -- occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead -- based paint.
(B) Paint shall be sampled in the following manner:
(i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or
(ii) All collected paint chip samples shall be analyzed according to the requirements of § VIII(f), to determine if they contain detectable levels of lead that can be quantified numerically.
(C) The certified inspector or risk assessor shall prepare a written inspection report which shall include the following information:
(i) Date of each inspection;
(ii) Street address of building;
(iii) Date of construction and date of any replacements the inspector determines to have been made to the structure;
(iv) Apartment numbers (if applicable);
(v) Name, address, and telephone number of the owner or owners of each target house or child -- occupied facility;
(vi) Name, signature, and certification number of each certified inspector and/or risk assessor conducting testing;
(vii) Name, address, and telephone number of the licensed firm employing the inspector and/or risk assessor for the particular inspection;
(viii) Each testing method and device and/or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device and the name and certification number of the individual operating the XRF, and the name and license number of the contractor or consultant employing the individual;
(ix) Specific locations of each painted component tested for the presence of lead -- based paint, including a diagram;
(x) The results of the inspection expressed in terms appropriate to the sampling method used.
(c) Performance of a lead -- hazard screen for the presence of lead -- based paint on target housing or child-occupied facilities
(1) Lead -- hazard screen may only be performed on target housing or child -- occupied facilities by an individual who is:
(A) Certified by the Department as a risk assessor; and
(B) Employed by a licensed lead -- based paint contractor or consultant or as an in-house employee.
(2) If conducted, a lead-hazard screen shall be conducted as follows:
(A) Background information regarding the physical characteristics of the target housing or child -- occupied facility and occupant use patterns that may cause lead -- based paint exposure to one or more children age six years or younger shall be collected.
(B) A visual inspection of the target housing or child -- occupied facility shall be conducted to:
(i) Determine if any deteriorated paint is present, and
(ii) Locate at least two dust sampling locations.
(C) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead.
(D) In target housing, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children, age six years and younger, are most likely to come in contact with dust.
(E) In multifamily dwellings and child -- occupied facilities, in addition to the floor and window samples required in § VIII(c)(2)(D) above, the risk assessor shall also collect composite dust samples from common areas where one or more children, age six and younger, are most likely to come into contact with dust.
(3) Dust samples shall be collected and analyzed in the following manner:
(A) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.
(B) All collected dust samples shall be analyzed according to § VIII(f), to determine if they contain detectable levels of lead that can be quantified numerically.
(4) Paint shall be sampled in the following manner:
(A) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or
(B) All collected paint chip samples shall be analyzed according to § VIII(f), to determine if they contain detectable levels of lead that can be quantified numerically.
(5) If conducted, the lead-hazard screen report shall be conducted by a certified risk assessor which shall include the following information:
(A) Date of the lead-hazard screen;
(B) Address of each building;
(C) Date of construction of buildings;
(D) Apartment number (if applicable);
(E) Name, address, and telephone number of each owner of each building;
(F) Name, signature, telephone number, and certification number of the certified risk assessor conducting the lead-hazard screen;
(G) Name, address, telephone number, and license number of the licensed firm employing each certified risk assessor;
(H) Name, address, and telephone number of each recognized laboratory, as provided in § VIII(f), conducting analysis of collected samples;
(I) Results of the visual inspection;
(J) Testing method and sampling procedure for paint analysis employed;
(K) Specific locations of each painted component tested for the presence of lead, including a diagram;
(L) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device and the name and certification number of the individual operating the XRF machine, and the name and license number of the contractor or consultant employing the individual;
(M) All results of laboratory analysis on collected paint, soil, and dust samples;
(N) Any other sampling results;
(O) Background information regarding the physical characteristics of the target house or child -- occupied facility and occupant use patterns that may cause lead -- based paint exposure to one or more children age six years or younger which has been collected; and
(P) Recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions.
(d) Performance of a risk assessment for the presence of lead -- based paint and lead -- based paint hazards on target housing or child-occupied facilities
(1) Risk assessments may only be performed on target housing or child-occupied facilities by an individual who is:
(A) Certified by the Department as a risk assessor; and
(B) Employed by a licensed lead -- based paint abatement contractor or a lead -- based paint consultant or as an in-house employee.
(2) If conducted, a risk assessment shall be conducted only by a person certified by the Department as a risk assessor according to the procedures in this paragraph.
(A) A visual inspection for risk assessment of the target house or child -- occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead -- based paint hazards.
(B) Background information regarding the physical characteristics of the residential dwelling or child -- occupied facility and occupant use patterns that may cause lead -- based paint exposure to one or more children age six years and younger shall be collected.
(C) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead:
(i) Each friction surface or impact surface with visibly deteriorated paint; and
(ii) All other surfaces with visibly deteriorated paint.
(D) In target housing, dust samples (either composite or single -- surface samples) from the interior window sill(s) and floor shall be collected in all living areas where one or more children, age six years or younger, are most likely to come into contact with dust.
(E) For multi-family dwellings and child -- occupied facilities, the samples required in § VIII(d)(2)(C) shall be taken. In addition, interior window sill and floor dust samples (either composite or single -- surface samples) shall be collected in the following locations:
(F) Common areas adjacent to the sampled target housing or child -- occupied facility; and
(G) Other common areas in the building where the risk assessor determines that one or more children, age six years and younger, are likely to come into contact with dust.
(H) For child -- occupied facilities, interior window sill and floor dust samples (either composite or single -- surface samples) shall be collected in each room, hallway or stairwell utilized by one or more children, age six years and younger, and in other common areas in the child -- occupied facility where the risk assessor determines one or more children, age six years and younger, are likely to come into contact with dust.
(I) Soil samples shall be collected and analyzed for lead concentrations in the following locations:
(J) Exterior play areas where bare soil is present;
(K) The rest of the yard (that is, non-play areas) where bare soil is present; and
(L) Dripline/foundation areas where bare soil is present.
(M) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.
(N) Any collected paint chip, dust, or soil samples shall be analyzed according to § VIII(f), to determine if they contain detectable levels of lead that can be quantified numerically.
(O) The certified risk assessor shall prepare a written risk assessment report which shall include the following information:
(i) Date of assessment;
(ii) Address of each building;
(iii) Date of construction of buildings;
(iv) Apartment number (if applicable);
(v) Name, address, and telephone number of each owner of each building;
(vi) Name, address, telephone number, signature, and certification of the certified risk assessor conducting the assessment;
(vii) Name, address, and telephone number, and license number of the licensed contractor or consultant employing each certified risk assessor;
(viii) Name, address, and telephone number of each recognized laboratory, as provided in § VIII(f), conducting analysis of collected samples;
(ix) Results of the visual inspection;
(x) Testing method and sampling procedure for paint analysis employed;
(xi) Specific locations of each painted component tested for the presence of lead, including a diagram;
(xii) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device, the name and certificate number of the individual operating the XRF machine, and the name and license number of the contractor or consultant employing the operator;
(xiii) All results of laboratory analysis on collected paint, soil, and dust samples;
(xiv) Any other sampling results;
(xv) Any background information regarding the physical characteristics of the target house or child -- occupied facility and occupant use patterns that may cause lead -- based paint exposure to one or more children, age six years or younger, which shall have been collected;
(xvi) To the extent that they are used as part of the lead -- based paint hazard determination, the results of any previous inspections or analyses for the presence of lead -- based paint, or other assessments of lead -- based paint -- related hazards.
(xvii) A description of the location, type, and severity of identified lead -- based paint hazards and any other potential lead hazards, including a diagram;
(xviii) A description of interim controls and/or abatement options for each identified lead -- based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.
(e) Abatement
If conducted, abatements may only be performed on target housing or child-occupied facilities by an individual who is:
(1) Certified by the Department as a supervisor or a worker; and
(2) Employed by a licensed lead -- based paint abatement contractor or a lead -- based paint consultant or as an in-house employee.
(3) A certified supervisor is required for each abatement project and shall be on site during all work site preparation, abatement, and during the post -- abatement cleanup of work areas. On site means at the physical location where the site preparation, abatement, and post-abatement activities are conducted at the time the lead -- based paint activities are conducted.
(4) 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 rule and all other Federal and state environmental statutes and rules.
(5) 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 § VII(a) through § VII(e).
(6) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:
(A) The occupant protection plan shall be unique to each target house or child -- occupied facility and be developed prior to the abatement. 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.
(B) A certified supervisor or certified project designer shall prepare the occupant protection plan.
(C) Occupant protection plans may only be performed on target housing or child-occupied facilities by an individual who is:
(i) Certified by the Department as a supervisor or project designer; and
(ii) Employed by a licensed lead -- based paint abatement contractor or a lead -- based paint consultant or as an in-house employee.
(7) The work practices listed below shall be restricted during an abatement as follows:
(A) Open -- flame burning or torching of lead -- based paint is prohibited;
(B) 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 0.3 microns or larger from the air at 99.97 percent or greater efficiency;
(C) Dry scraping of lead -- based paint is permitted only in the following circumstances:
(i) In conjunction with heat guns;
(ii) Around electrical outlets; or
(iii) When treating defective paint spots totaling no more than two square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces.
(D) Operating a heat gun on lead -- based paint is permitted only at temperatures below 1,100 degrees Fahrenheit.
(8) If conducted, soil abatement shall be conducted in one of the following ways:
(A) If soil is removed:
(i) The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater than 400 parts per million.
(ii) The soil that is removed shall not be used as top soil at another residential property or child-occupied facility.
(B) If soil is not removed, the lead -- contaminated soil shall be permanently covered, as defined in this rule.
(C) 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 collect and containerize the water, send a copy of a waste shipment report to the Lead -- Based Paint Program of the Department, and transport it to a permitted wastewater treatment facility for disposal. 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 days of the disposal. 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 for his or her written approval. The Director shall issue a decision within 90 days of submission. The decision of the Director is appealable.
(9) The following post -- abatement clearance procedures shall be performed only by a certified inspector or risk assessor:
(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. 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.
(B) Following the visual inspection and any post -- abatement cleanup required in § VIII(e)(9)(A) above, clearance sampling for lead -- contaminated dust shall be conducted. Clearance sampling may be conducted by employing single -- surface sampling or composite sampling techniques.
(C) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures.
(D) Dust samples for clearance purposes shall be taken a minimum of one hour after completion of final post -- abatement cleanup activities.
(E) The following post -- abatement 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:
(i) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floor of no fewer than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are fewer than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.
(ii) After conducting an abatement with no containment, two dust samples shall be taken from no fewer than 4 four rooms, hallways or stairwells in the target housing or child -- occupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are fewer than four rooms, hallways or stairwells within the target house or child -- occupied facility then all rooms, hallways or stairwells shall be sampled.
(iii) Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. 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. 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.
(F) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.
(G) 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 § VIII(e)(9)(H) 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. 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.
(H) The clearance levels for lead in dust are 10 μg/ft2 for floors, 100 μg/ft2 for interior window sills, and 400 μg/ft2 for window troughs.
(10) In a multifamily dwelling with similarly constructed and maintained target houses, random sampling for the purposes of clearance may be conducted provided:
(A) The certified individuals who abate or clean the target houses do not know which target houses will be selected for the random sample.
(B) A sufficient number of target houses is selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the target houses (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels.
(C) The randomly selected target houses shall be sampled and evaluated for clearance according to the procedures found in § VIII(e)(9)(E) above.
(11) A written abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information:
(A) Start and completion dates of abatement;
(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;
(C) The occupant protection plan prepared pursuant to § VIII(e);
(D) The name, address, and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing;
(E) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory, as required in § VIII(f), that conducted the analyses;
(F) A detailed written description and diagram of the abatement, 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 enclosures.
(12) The work practice standards in this chapter do not apply when treating paint-lead hazards of less than:
(A) Two square feet of deteriorated lead -- based paint per room or equivalent,
(B) Twenty square feet of deteriorated paint on the exterior building, or
(C) Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.
(f) Collection and laboratory analysis of samples
(1) Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this chapter shall be:
(A) Collected by persons certified by the Department as an inspector or risk assessor; and
(B) Analyzed by a laboratory recognized by EPA pursuant to Section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples.
(g) Composite dust sampling
Composite dust sampling may only be conducted in the situations specified in lead-hazard screens, risk assessments, and abatements as set forth in § VIII(c), § VIII(d), and § VIII(e). If such sampling is conducted, the following conditions shall apply:
(1) Composite dust samples shall consist of at least two subsamples;
(2) Every component that is being tested shall be included in the sampling; and
(3) Composite dust samples shall not consist of subsamples from more than one type of component.
(h) Determinations
(1) Lead -- based paint is present:
(A) On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5 percent by weight; and
(B) On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead -- based paint.
(2) A paint-lead hazard is present:
(A) On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (for example, the window sill or floor) are equal to or greater than the dust hazard levels identified in § VIII(h)(3)(A).
(B) On any chewable lead -- based paint surface on which there is evidence of teeth marks;
(C) Where there is any damaged or otherwise deteriorated lead -- based paint on an impact surface that is cause by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and
(D) If there is any other deteriorated lead -- based paint in any target house or child-occupied facility or on the exterior of any target house or child-occupied facility.
(3) A dust-lead hazard is present in a target house or child occupied facility:
(A) In a target house on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than 10 μg/ft2 for floors and 100 μg/ft2 for interior window sills, respectively:
(B) On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and
(C) On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.
(4) A soil-lead hazard is present:
(A) In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than 400 parts per million; or
(B) In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (that is, non-play areas) for each target house on a property is equal to or greater than 1,200 parts per million.
(i) Recordkeeping
All reports or plans required in this Chapter shall be maintained by the licensed firm or certified individual who prepared the report for no fewer than three years. The licensed firm or certified individual also shall provide copies of these reports to the building owner who contracted for its services.

Credits

Adopted Dec. 11, 2020; Sept. 27, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.40.2-VIII, AR ADC 007.40.2-VIII
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