Title 24--Housing and Urban Development PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES |
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Source: 64 FR 50218, Sept. 15, 1999, unless otherwise noted.
The purpose of this subpart R is to provide standards and methods
for evaluation and hazard reduction activities required in subparts B,
C, D, and F through M of this part.
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Definitions and other general requirements that apply to this subpart are found in subpart B of this part. |
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Further guidance information regarding evaluation and hazard
reduction activities described in this subpart is found in the
following:
(a) The HUD Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing (Guidelines);
(b) The EPA Guidance on Residential Lead-Based Paint, Lead-
Contaminated Dust, and Lead Contaminated Soil;
(c) Guidance, methods or protocols issued by States and Indian
tribes that have been authorized by EPA under 40 CFR 745.324 to
administer and enforce lead-based paint programs. |
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| Sec. 35.1315 Collection and laboratory analysis of samples. | ||||||||||||||||||||||||||||||||||||||||
All paint chip, dust, or soil samples shall be collected and analyzed in accordance with standards established either by a State or Indian tribe under a program authorized by EPA in accordance with 40 CFR part 745, subpart Q, or by the EPA in accordance with 40 CFR 745.227, and as further provided in this subpart. |
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| Sec. 35.1320 Lead-based paint inspections and risk assessments. | ||||||||||||||||||||||||||||||||||||||||
(a) Lead-based paint inspections. Lead-based paint inspections shall
be performed in accordance with methods and standards established either
by a State or Indian tribe under a program authorized by EPA, or by EPA
at 40 CFR 745.227(b), except that the definition of lead-based paint
shall not include a loading (area concentration) or mass concentration
greater than that in the definition at Sec. 35.110 of this part.
(b) Risk assessments. (1) Risk assessments shall be performed in
accordance with methods and standards established either by a State or
Indian tribe under a program authorized by EPA, or by EPA at 40 CFR
745.227(d), and paragraph (b)(2) of this section.
(2) Risk assessors shall use levels defining dust-lead hazards and
soil-lead hazards that are no greater than those promulgated by EPA
pursuant to section 403 of the Toxic Substances Control Act (15 U.S.C.
2683), or, if such levels are not in effect, the following for dust or
soil:
(i) Dust. A dust-lead hazard shall be a dust-lead level equal to or
greater than
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the applicable loading (area concentration), based on wipe samples, in
the following table:
Interim Dust Lead Standards
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Surface
------------- Interior Windows troughs
Floors,
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| Sec. 35.1325 Abatement. | ||||||||||||||||||||||||||||||||||||||||
Abatement shall be performed in accordance with methods and standards established either by a State or Indian tribe under a program authorized by EPA, or by EPA at 40 CFR 745.227(e), and shall be completed by achieving clearance in accordance with Sec. 35.1340. If encapsulation or enclosure is used as a method of abatement, ongoing lead-based paint maintenance activities shall be performed as required by the applicable subpart of this part in accordance with Sec. 35.1355. Abatement of an intact, factory-applied prime coating on metal surfaces is not required unless the surface is a friction surface. |
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| Sec. 35.1330 Interim controls. | ||||||||||||||||||||||||||||||||||||||||
Interim controls of lead-based paint hazards identified in a risk
assessment shall be conducted in accordance with the provisions of this
section. Interim control measures include paint stabilization of
deteriorated paint, treatments for friction and impact surfaces where
levels of lead dust are above the levels specified in Sec. 35.1320, dust
control, and lead-contaminated soil control. As provided by Sec. 35.155,
interim controls may be performed in combination with, or be replaced
by, abatement methods.
(a) General requirements. (1) Only those interim control methods
identified as acceptable methods in a current risk assessment report
shall be used to control identified hazards, except that, if only paint
stabilization is required in accordance with subparts F, H, K or M of
this part, it shall not be necessary to have conducted a risk
assessment.
(2) Occupants of dwelling units where interim controls are being
performed shall be protected during the course of the work in accordance
with Sec. 35.1345.
(3) Clearance testing shall be performed at the conclusion of
interim control activities in accordance with Sec. 35.1340.
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(4) A person performing interim controls must be trained in
accordance with 29 CFR 1926.59 and either be supervised by an individual
certified as a lead-based paint abatement supervisor or have
successfully completed one of the following courses:
(i) A lead-based paint abatement supervisor course accredited in
accordance with 40 CFR 745.225;
(ii) A lead-based paint abatement worker course accredited in
accordance with 40 CFR 745.225;
(iii) The Lead-Based Paint Maintenance Training Program, ``Work
Smart, Work Wet, and Work Clean to Work Lead Safe,'' prepared by the
National Environmental Training Association for EPA and HUD;
(iv) ``The Remodeler's and Renovator's Lead-Based Paint Training
Program,'' prepared by HUD and the National Association of the
Remodeling Industry; or
(v) Another course approved by HUD for this purpose after
consultation with EPA.
(b) Paint stabilization. (1) Interim control treatments used to
stabilize deteriorated lead-based paint shall be performed in accordance
with the requirements of this section. Interim control treatments of
intact, factory applied prime coatings on metal surfaces are not
required. Finish coatings on such surfaces shall be treated by interim
controls if those coatings contain lead-based paint.
(2) Any physical defect in the substrate of a painted surface or
component that is causing deterioration of the surface or component
shall be repaired before treating the surface or component. Examples of
defective substrate conditions include dry-rot, rust, moisture-related
defects, crumbling plaster, and missing siding or other components that
are not securely fastened.
(3) Before applying new paint, all loose paint and other loose
material shall be removed from the surface to be treated. Acceptable
methods for preparing the surface to be treated include wet scraping,
wet sanding, and power sanding performed in conjunction with a HEPA
filtered local exhaust attachment operated according to the
manufacturer's instructions.
(4) Dry sanding or dry scraping is permitted only in accordance with
Sec. 35.140(e) (i.e., for electrical safety reasons or for specified
minor amounts of work).
(5) Paint stabilization shall include the application of a new
protective coating or paint. The surface substrate shall be dry and
protected from future moisture damage before applying a new protective
coating or paint. All protective coatings and paints shall be applied in
accordance with the manufacturer's recommendations.
(6) Paint stabilization shall incorporate the use of safe work
practices in accordance with Sec. 35.1350.
(c) Friction and impact surfaces. (1) Friction surfaces are required
to be treated only if:
(i) Lead dust levels on the nearest horizontal surface underneath
the friction surface (e.g., the window sill, window trough, or floor)
are equal to or greater than the standards specified in 35.1320(b);
(ii) There is evidence that the paint surface is subject to
abrasion; and
(iii) Lead-based paint is known or presumed to be present on the
friction surface.
(2) Impact surfaces are required to be treated only if:
(i) Paint on an impact surface is damaged or otherwise deteriorated;
(ii) The damaged paint is caused 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
(iii) Lead-based paint is known or presumed to be present on the
impact surface.
(3) Examples of building components that may contain friction or
impact surfaces include the following:
(i) Window systems;
(ii) Doors;
(iii) Stair treads and risers;
(iv) Baseboards;
(v) Drawers and cabinets; and
(vi) Porches, decks, interior floors, and any other painted surfaces
that are abraded, rubbed, or impacted.
(4) Interim control treatments for friction surfaces shall eliminate
friction points or treat the friction surface so that paint is not
subject to abrasion.
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Examples of acceptable treatments include rehanging and/or planing doors
so that the door does not rub against the door frame, and installing
window channel guides that reduce or eliminate abrasion of painted
surfaces. Paint on stair treads and floors shall be protected with a
durable cover or coating that will prevent abrasion of the painted
surfaces. Examples of acceptable materials include carpeting, tile, and
sheet flooring.
(5) Interim control treatments for impact surfaces shall protect the
paint from impact. Examples of acceptable treatments include treatments
that eliminate impact with the paint surface, such as a door stop to
prevent a door from striking a wall or baseboard.
(6) Interim control for impact or friction surfaces does not include
covering such a surface with a coating or other treatment, such as
painting over the surface, that does not protect lead-based paint from
impact or abrasion.
(d) Chewable surfaces. (1) Chewable surfaces are required to be
treated only if there is evidence that a child of less than 6 years of
age has chewed on the painted surface, and lead-based paint is known or
presumed to be present on the surface.
(2) Interim control treatments for chewable surfaces shall make the
lead-based paint inaccessible for chewing by children of less than 6
years of age. Examples include enclosures or coatings that cannot be
penetrated by the teeth of such children.
(e) Dust-lead hazard control. (1) Interim control treatments used to
control dust-lead hazards shall be performed in accordance with the
requirements of this section. Additional information on dust removal is
found in the HUD Guidelines, particularly Chapter 11 (see Sec. 35.1310).
(2) Dust control shall involve a thorough cleaning of all horizontal
surfaces, such as interior window sills, window troughs, floors, and
stairs, but excluding ceilings. All horizontal surfaces, such as floors,
stairs, window sills and window troughs, that are rough, pitted, or
porous shall be covered with a smooth, cleanable covering or coating,
such as metal coil stock, plastic, polyurethane, or linoleum.
(3) Surfaces covered by a rug or carpeting shall be cleaned as
follows:
(i) The floor surface under a rug or carpeting shall be cleaned
where feasible, including upon removal of the rug or carpeting, with a
HEPA vacuum or other method of equivalent efficacy.
(ii) An unattached rug or an attached carpet that is to be removed,
and padding associated with such rug or carpet, located in an area of
the dwelling unit with dust-lead hazards on the floor, shall be
thoroughly vacuumed with a HEPA vacuum or other method of equivalent
efficacy. Protective measures shall be used to prevent the spread of
dust during removal of a rug, carpet or padding from the dwelling. For
example, it shall be misted to reduce dust generation during removal.
The item(s) being removed shall be wrapped or otherwise sealed before
removal from the worksite.
(iii) An attached carpet located in an area of the dwelling unit
with dust-lead hazards on the floor shall be thoroughly vacuumed with a
HEPA vacuum or other method of equivalent efficacy if it is not to be
removed.
(f) Soil-lead hazards. (1) Interim control treatments used to
control soil-lead hazards shall be performed in accordance with this
section.
(2) Soil with a lead concentration equal to or greater than 5,000
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| Sec. 35.1335 Standard treatments. | ||||||||||||||||||||||||||||||||||||||||
Standard treatments shall be conducted in accordance with this
section.
(a) Paint stabilization. All deteriorated paint on exterior and
interior surfaces located on the residential property shall be
stabilized in accordance with Sec. 35.1330(a)(b), or abated in
accordance with Sec. 35.1325.
(b) Smooth and cleanable horizontal surfaces. All horizontal
surfaces, such as uncarpeted floors, stairs, interior window sills and
window troughs, that are rough, pitted, or porous, shall be covered with
a smooth, cleanable covering or coating, such as metal coil stock,
plastic, polyurethane, or linoleum.
(c) Correcting dust-generating conditions. Conditions causing
friction or impact of painted surfaces shall be corrected in accordance
with Sec. 35.1330(c)(4)-(6).
(d) Bare residential soil. Bare soil shall be treated in accordance
with the requirements of Sec. 35.1330, unless it is found not to be a
soil-lead hazard in accordance with Sec. 35.1320(b).
(e) Safe work practices. All standard treatments described in
paragraphs (a) through (d) of this section shall incorporate the use of
safe work practices in accordance with Sec. 35.1350.
(f) Clearance. A clearance examination shall be performed in
accordance with Sec. 35.1340 at the conclusion of any lead hazard
reduction activities.
(g) Qualifications. An individual performing standard treatments
must meet the training and/or supervision requirements of
Sec. 35.1330(a)(4).
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| Sec. 35.1340 Clearnance. | ||||||||||||||||||||||||||||||||||||||||
Clearance examinations required under subparts B, C, D, F through M,
and R, of this part shall be performed in accordance with the provisions
of this section.
(a) Clearance following abatement. Clearance examinations performed
following abatement of lead-based paint or lead-based paint hazards
shall be performed in accordance with 40 CFR 745.227(e) and paragraphs
(c)-(f) of this section. Such clearances shall be performed by a person
certified to perform risk assessments or lead-based paint inspections.
(b) Clearance following activities other than abatement. Clearance
examinations performed following interim controls, paint stabilization,
standard treatments, ongoing lead-based paint maintenance, or
rehabilitation shall be performed in accordance with the requirements of
this paragraph (b) and paragraphs (c)-(g) of this section.
(1) Qualified personnel. Clearance examinations shall be performed
by:
(i) A certified risk assessor;
(ii) A certified lead-based paint inspector;
(iii) A person who has successfully completed a training course for
clearance technicians (or a discipline of similar purpose and title)
that is developed or accepted by EPA or a State or tribal program
authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is
given by a training provider accredited by EPA or a State or Indian
tribe for training in lead-based paint inspection or risk assessment,
provided a certified risk assessor or a certified lead-based paint
inspector approves the work of the clearance technician and signs the
report of the clearance examination; or
(iv) A technician licensed or certified by EPA or a State or Indian
tribe to perform clearance examinations without the approval of a
certified risk assessor or certified lead-based paint inspector,
provided that a clearance examination by such a licensed or certified
technician shall be performed
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only for a single-family property or individual dwelling units and
associated common areas in a multi-unit property, and provided further
that a clearance examination by a such a licensed or certified clearance
technician shall not be performed using random sampling of dwelling
units or common areas in multifamily properties, except that a clearance
examination performed by such a licensed or certified clearance
technician is acceptable for any residential property if the clearance
examination is approved and the report signed by a certified risk
assessor or a certified lead-based paint inspector.
(2) Required activities. (i) Clearance examinations shall include a
visual assessment, dust sampling, submission of samples for analysis for
lead, interpretation of sampling results, and preparation of a report.
Clearance examinations shall be performed in dwelling units, common
areas and exterior areas in accordance with this section and the steps
set forth at 40 CFR 745.227(e)(8). If clearance is being performed for
more than 10 dwelling units of similar construction and maintenance, as
in a multifamily property, random sampling for the purposes of clearance
may be conducted in accordance with 40 CFR 745.227(e)(9).
(ii) The visual assessment shall be performed to determine if
deteriorated paint surfaces and/or visible amounts of dust, debris,
paint chips or other residue are still present. Both exterior and
interior painted surfaces shall be examined for the presence of
deteriorated paint. If deteriorated paint or visible dust, debris or
residue are present in areas subject to dust sampling, they must be
eliminated prior to the continuation of the clearance examination,
except elimination of deteriorated paint is not required if it has been
determined, through paint testing or a lead-based paint inspection, that
the deteriorated paint is not lead-based paint. If exterior painted
surfaces have been disturbed by the hazard reduction, maintenance or
rehabilitation activity, the visual assessment shall include an
assessment of the ground and any outdoor living areas close to the
affected exterior painted surfaces. Visible dust or debris in living
areas shall be cleaned up and visible paint chips on the ground shall be
removed.
(iii) Dust samples shall be wipe samples and shall be taken on
floors and, where practicable, interior window sills and window troughs.
Dust samples shall be collected and analyzed in accordance with
Sec. 35.1315 of this part.
(iv) Clearance reports shall be prepared in accordance with
paragraph (c) of this section.
(c) Clearance report. When clearance is required, the designated
party shall ensure that a clearance report is prepared that provides
documentation of the hazard reduction or maintenance activity as well as
the clearance examination. When abatement is performed, the report shall
be an abatement report in accordance with 40 CFR 745.227(e)(10). When
another hazard reduction or maintenance activity requiring a clearance
report is performed, the report shall include the following information:
(1) The address of the residential property and, if only part of a
multifamily property is affected, the specific dwelling units and common
areas affected.
(2) The following information on the clearance examination:
(i) The date(s) of the clearance examination;
(ii) The name, address, and signature of each person performing the
clearance examination, including certification number;
(iii) The results of the visual assessment for the presence of
deteriorated paint and visible dust, debris, residue or paint chips;
(iv) The results of the analysis of dust samples, in
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| Sec. 35.1345 Occupant protection and worksite preparation. | ||||||||||||||||||||||||||||||||||||||||
This section establishes procedures for protecting dwelling unit
occupants and the environment from contamination from lead-contaminated
or lead-containing materials during hazard reduction activities.
(a) Occupant protection. (1) Occupants shall not be permitted to
enter the worksite during hazard reduction activities (unless they are
employed in the conduct of these activities at the worksite), until
after hazard reduction work has been completed and clearance, if
required, has been achieved.
(2) Occupants shall be temporarily relocated before and during
hazard reduction activities to a suitable, decent, safe, and similarly
accessible dwelling unit that does not have lead-based paint hazards,
except if:
(i) Treatment will not disturb lead-based paint, dust-lead hazards
or soil-lead hazards;
(ii) Only the exterior of the dwelling unit is treated, and windows,
doors, ventilation intakes and other openings in or near the worksite
are sealed during hazard control work and cleaned afterward, and entry
free of dust-lead hazards, soil-lead hazards, and debris is provided;
(iii) Treatment of the interior will be completed within one period
of 8-daytime hours, the worksite is contained so as to prevent the
release of leaded dust and debris into other areas, and treatment does
not create other safety, health or environmental hazards (e.g., exposed
live electrical wiring, release of toxic fumes, or on-site disposal of
hazardous waste); or
(iv) Treatment of the interior will be completed within 5 calendar
days, the worksite is contained so as to prevent the release of leaded
dust and debris into other areas, treatment does not create other
safety, health or environmental hazards; and, at the end of work on each
day, the worksite and the area within at least 10 feet (3 meters) of the
containment area is cleaned to remove any visible dust or debris, and
occupants have safe access to sleeping areas, and bathroom and kitchen
facilities.
(3) The dwelling unit and the worksite shall be secured against
unauthorized entry, and occupants' belongings protected from
contamination by dust-lead hazards and debris during hazard reduction
activities. Occupants' belongings in the containment area shall be
relocated to a safe and secure area
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outside the containment area, or covered with an impermeable covering
with all seams and edges taped or otherwise sealed.
(b) Worksite preparation. (1) The worksite shall be prepared to
prevent the release of leaded dust, and contain lead-based paint chips
and other debris from hazard reduction activities within the worksite
until they can be safely removed. Practices that minimize the spread of
leaded dust, paint chips, soil and debris shall be used during worksite
preparation.
(2) A warning sign shall be posted at each entry to a room where
hazard reduction activities are conducted when occupants are present; or
at each main and secondary entryway to a building from which occupants
have been relocated; or, for an exterior hazard reduction activity,
where it is easily read 20 feet (6 meters) from the edge of the hazard
reduction activity worksite. Each warning sign shall be as described in
29 CFR 1926.62(m), except that it shall be posted irrespective of
employees' lead exposure and, to the extent practicable, provided in the
occupants' primary language.
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| Sec. 35.1350 Safe work practices. | ||||||||||||||||||||||||||||||||||||||||
(a) Prohibited methods. Methods of paint removal listed in
Sec. 35.140 shall not be used.
(b) Occupant protection and worksite preparation. Occupants and
their belongings shall be protected, and the worksite prepared, in
accordance with Sec. 35.1345.
(c) Specialized cleaning. After hazard reduction activities have
been completed, the worksite shall be cleaned using cleaning methods,
products, and devices that are successful in cleaning up dust-lead
hazards, such as a HEPA vacuum or other method of equivalent efficacy,
and lead-specific detergents or equivalent.
(d) De minimis levels. Safe work practices are not required when
maintenance or hazard reduction activities do not disturb painted
surfaces that total more than:
(1) 20 square feet (2 square meters) on exterior surfaces;
(2) 2 square feet (0.2 square meters) in any one interior room or
space; or
(3) 10 percent of the total surface area on an interior or exterior
type of component with a small surface area. Examples include window
sills, baseboards, and trim.
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| Sec. 35.1355 Ongoing lead-based paint maintenance and reevaluation activities. | ||||||||||||||||||||||||||||||||||||||||
(a) Maintenance. Maintenance activities shall be conducted in
accordance with paragraphs (a)(2)-(6) of this section, except as
provided in paragraph (a)(1) of this section.
(1) Maintenance activities need not be conducted in accordance with
this section if both of the following conditions are met, as applicable:
(i) Either a lead-based paint inspection indicates that no lead-
based paint is present in the dwelling units, common areas, and on
exterior surfaces, or a clearance report prepared in accordance with
Sec. 35.1340(a) indicates that all lead-based paint has been removed;
and
(ii) If a risk assessment is required by the applicable subpart of
this part, a current risk assessment indicates that no soil-lead hazards
and no dust-lead hazards are present.
(2) A visual assessment for deteriorated paint, bare soil, and the
failure of any hazard reduction measures shall be performed at unit
turnover and every twelve months.
(3) (i) Deteriorated paint. All deteriorated paint on interior and
exterior surfaces located on the residential property shall be
stabilized in accordance with Sec. 35.1330(a)(b), except for any paint
that an evaluation has found is not lead-based paint.
(ii) Bare soil. All bare soil shall be treated with standard
treatments in accordance with Sec. 35.1335(d) through (g), or interim
controls in accordance with Sec. 35.1330(a) and (f); except for any bare
soil that a current evaluation has found is not a soil-lead hazard.
(4) Safe work practices, in accordance with sec. 35.1350, shall be
used when performing any maintenance or renovation work that disturbs
paint that may be lead-based paint.
(5) Any encapsulation or enclosure of lead-based paint or lead-based
paint hazards which has failed to maintain its effectiveness shall be
repaired, or abatement or interim controls shall be
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performed in accordance with Secs. 35.1325 or 35.1330, respectively.
(6) Clearance testing of the worksite shall be performed at the
conclusion of repair, abatement or interim controls in accordance with
Sec. 35.1340.
(7) Each dwelling unit shall be provided with written notice asking
occupants to report deteriorated paint and, if applicable, failure of
encapsulation or enclosure, along with the name, address and telephone
number of the person whom occupants should contact. The language of the
notice shall be in accordance with Sec. 35.125(c)(3). The designated
party shall respond to such report and stabilize the deteriorated paint
or repair the encapsulation or enclosure within 30 days.
(b) Reevaluation. Reevaluation shall be conducted in accordance with
this paragraph (b), and the designated party shall conduct interim
controls of lead-based paint hazards found in the reevaluation.
(1) Reevaluation shall be conducted if hazard reduction has been
conducted to reduce lead-based paint hazards found in a risk assessment
or if standard treatments have been conducted, except that reevaluation
is not required if any of the following cases are met:
(i) An initial risk assessment found no lead-based paint hazards;
(ii) A lead-based paint inspection found no lead-based paint; or
(iii) All lead-based paint was abated in accordance with
Sec. 35.1325, provided that no failures of encapsulations or enclosures
have been found during visual assessments conducted in accordance with
Sec. 35.1355(a)(2) or during other observations by maintenance and
repair workers in accordance with Sec. 35.1355(a)(5) since the
encapsulations or inclosures were performed.
(2) Reevaluation shall be conducted to identify:
(i) Deteriorated paint surfaces with known or suspected lead-based
paint;
(ii) Deteriorated or failed interim controls of lead-based paint
hazards or encapsulation or enclosure treatments;
(iii) Dust-lead hazards; and
(iv) Soil that is newly bare with lead levels equal to or above the
standards in Sec. 35.1320(b)(2).
(3) Each reevaluation shall be performed by a certified risk
assessor.
(4) Each reevaluation shall be conducted in accordance with the
following schedule if a risk assessment or other evaluation has found
deteriorated lead-based paint in the residential property, a soil-lead
hazard, or a dust-lead hazard on a floor or interior window sill.
(Window troughs are not sampled during reevaluation). The first
reevaluation shall be conducted no later than two years from completion
of hazard reduction. Subsequent reevaluation shall be conducted at
intervals of two years, plus or minus 60 days. To be exempt from
additional reevaluation, at least two consecutive reevaluations
conducted at such two-year intervals must be conducted without finding
lead-based paint hazards or a failure of an encapsulation or enclosure.
If, however, a reevaluation finds lead-based paint hazards or a failure,
at least two more consecutive reevaluations conducted at such two year
intervals must be conducted without finding lead-based paint hazards or
a failure.
(5) Each reevaluation shall be performed as follows:
(i) Dwelling units and common areas shall be selected and
reevaluated in accordance with Sec. 35.1320(b).
(ii) The worksites of previous hazard reduction activities that are
similar on the basis of their original lead-based paint hazard and type
of treatment shall be grouped. Worksites within such groups shall be
selected and reevaluated in accordance with Sec. 35.1320(b).
(6) Each reevaluation shall include reviewing available information,
conducting selected visual assessment, recommending responses to hazard
reduction omissions or failures, performing selected evaluation of
paint, soil and dust, and recommending response to newly-found lead-
based paint hazards.
(i) Review of available information. The risk assessor shall review
any available past evaluation, hazard reduction and clearance reports,
and any other available information describing hazard reduction
measures, ongoing maintenance activities, and relevant building
operations.
(ii) Visual assessment. The risk assessor shall:
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(A) Visually evaluate all lead-based paint hazard reduction
treatments, any known or suspected lead-based paint, any deteriorated
paint, and each exterior site, and shall identify any new areas of bare
soil;
(B) Determine acceptable options for controlling the hazard; and
(C) Await the correction of any hazard reduction omission or failure
and the reduction of any lead-based paint hazard before sampling any
dust or soil the risk assessor determines may reasonably be associated
with such hazard.
(iii) Reaction to hazard reduction omission or failure. If any
hazard reduction control has not been implemented or is failing (e.g.,
an encapsulant is peeling away from the wall, a paint-stabilized surface
is no longer intact, or gravel covering an area of bare soil has worn
away), or deteriorated lead-based paint is present, the risk assessor
shall:
(A) Determine acceptable options for controlling the hazard; and
(B) Await the correction of any hazard reduction omission or failure
and the reduction of any lead-based paint hazard before sampling any
dust or soil the risk assessor determines may reasonably be associated
with such hazard.
(iv) Selected paint, soil and dust evaluation. (A) The risk assessor
shall sample deteriorated paint surfaces identified during the visual
assessment and have the samples analyzed, in accordance with 40 CFR
745.227(b)(3)(4), but only if reliable information about lead content is
unavailable.
(B) The risk assessor shall evaluate new areas of bare soil
identified during the visual assessment. Soil samples shall be collected
and analyzed in accordance with 40 CFR 745.227(d)(8)-(11), but only if
the soil lead levels have not been previously measured.
(C) The risk assessor shall take selected dust samples and have them
analyzed. Dust samples shall be collected and analyzed in accordance
with Sec. 35.1320(b). At least two composite samples, one from floors
and the other from interior window sills, shall be taken in each
dwelling unit and common area selected. Each composite sample shall
consist of four individual samples, each collected from a different room
or area. If the dwelling unit contains both carpeted and uncarpeted
living areas, separate floor samples are required from the carpeted and
uncarpeted areas. Equivalent single-surface sampling may be used instead
of composite sampling.
(7) The risk assessor shall provide the designated party with a
written report documenting the presence or absence of lead-based paint
hazards, the current status of any hazard reduction and standard
treatment measures used previously and any newly-conducted evaluation
and hazard reduction activities. The report shall include the
information in 40 CFR 745.227(d)(11), and shall:
(i) Identify any lead-based paint hazards previously detected and
discuss the effectiveness of any hazard reduction or standard treatment
measures used, and list those for which no measures have been used.
(ii) Describe any new hazards found and present the owner with
acceptable control options and their accompanying reevaluation
schedules.
(iii) Identify when the next reevaluation, if any, must occur, in
accordance with the requirements of paragraph (b)(4) of this section.
(c) Response to the reevaluation. (1) Hazard reduction omission or
failure found by a reevaluation. The designated party shall respond in
accordance with paragraph (b)(6)(iii)(A) of this section to a report by
the risk assessor of a hazard reduction control that has not been
implemented or is failing, or that deteriorated lead-based paint is
present.
(2) Newly-identified lead-based paint hazard found by a
reevaluation. The designated party shall treat each:
(i) Dust-lead hazard or paint lead hazard by cleaning or hazard
reduction measures, which are considered completed when clearance is
achieved in accordance with Sec. 35.1340.
(ii) Soil-lead hazard by hazard reduction measures, which are
considered completed when clearance is achieved in accordance with
Sec. 35.1340.
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