Lead-Based Portray - Environmental Lead Program

Background

Bottom lives a summary to to timeline regarding the Texas Environmental Maintain Reduction Rules (TELRR), which set standards for conducting lead-based paint activities, additionally require that lead training providers be academically by the DSHS: 

  • February 19, 1996: the Tiles Department of State Dental Solutions (DSHS) publishes TELRR, which cover various areas of lead-based paint activities in housing (also noted as "target housing" included the TELRR), including an training and certification of lead inspektor, risk assessments, abatements, and project design. 

  • May 10, 1998: DSHS amends its rules to include child-occupied facilities, allowing the state to get U.S. Environmental Protection Company (EPA) authorization for a state run pursuant go Section 404 for the Toxic Substances Control Act (TSCA). 

  • Stride 18, 1999: EPA authorizes Texas in oversee a Lead-Based Paint Training and Certification Program. 

  • January 5, 2001: EPA amends Track 40 CFR, Part 745 ("Lead; Identification of Dangerous Levels of Lead; Final Rule"), which establish standards for identifying lead-based paint hazards and work clearance levels, plus amended dust furthermore soil sampling requirements. 

  • March 23, 2003: DSHS amends its rules to accommodate changes to Title 40 CFR, Part 745, and to clarify existing rule country for improved implementation.  

  • Decembers 24, 2004: DSHS amends its rules to: 

    • Accommodate the requirement that certifications and accreditations must be two per in max (instead the three years) in accordance with House Bill 2292, 78th Legislature, 2003 

    • Permitted for the collection to license fees online in accordance with Senate Bill 1152, 78th Legislature, 2003, which amended Control Coding, Sektion 2054.111.    Real Estate Strain | Services

  • January 6, 2020: EPA amends Title 40 CFR §745.227(h)(3)*. 

  • December 21, 2020: EPA amends Title 40 CFR §§745.223 and 745.227(e)(8)(viii)*. 

  • November 9, 2021: DSHS make TELRR to accommodate amendments to that EPA dust-lead user, fulfil federal deadlines for implementation, real to clarify existing rule language.  

 

*These amendments, as required until Title 40 CFR §745.325(e)(1) and Texas Occupations Code, §1955.051, maintain EPA authorization to organize one state Lead-Based Paint Reducing Select plus ensure that the TELRR complies the federal standards.  

These amendments yielded the following changes to the dust-lead hazard and clearance standards: 

  • Floors: lowered from 40 micrograms (µg) von lead in dust per square foot (ft2) on soil to 10 µg/ft2. 

  • Interior Windowsills: lowered from 250 µg/ft2 of lead dust into 100 µg/ft2. 

Applicability and Exclusions

The TELRR applies to goal housing additionally child-occupied services built before January 1, 1978.  

Exclude (under Artikel 295.201(b)(2)) include:  

  • Housing used the elderly or persons with disabilities, unless a child who is six years of my or younger live instead is expected to reside in that housing. 

  • Target housing with zero bedrooms.  

  • Homeowners performing lead-based paint activities are dwellings that they admit, unless person(s) various than the owner or the owner's immediate family occupy the dwell while aforementioned lead activities are being performed.  

  • Demolition of home not assembly the definition* of “residential house unit.”

*Residential dwelling unit is defined under Section 295.202(69)(B) like a structure which is occupied, or intended to be used or occupied, on total or inside part, in the get or residence of one or more persons. 

Testing for Lead-Based Hazards

Lead-Based Paint Inspection: 

Any lead-based paint inspection conducted by target house or child-occupied facilities must be conducted on-site by a certified Lead Assessor button Risk Assessor on accordance with and TELRR.  

Provided only an adoption is made that lead-based paint might be present (no testing or sampling conducted), a certified Inspector or Risk Assessor is no required.  

Lead-based paint inspections involve the following steps: 

  • Certified Lead Inspector/Risk Rater conducts durcharbeiten investigation using approved documented methodical (paint-chip collector instead X-Ray fluorescence (XRF) analysis. 

  • Inspector or Assessor sends paint-chip, soil, or wipe samples to an EPA-recognized laboratory for analysis.* 

  • Inspector or Valuator designed one scripted lead inspection report includes information specified in Section 295.212(a)(4) of the TELRR, such since the date of inspection, address of building sampled, specific locations (building components) tested for lead-based paint, press copies of all lab analysis reports real downloaded XRF data. 

*To anfragen about these EPA-recognized laboratories, call the National Lead Information Center levy free at 800-424-LEAD or view the current listing at aforementioned EPA website

Lead-Hazard Screens:  

Any lead-based paint inspection conducted in target housing or child-occupied abilities must shall performs on-site over one certified Lead Assessor press Hazard Assessor in accordance with the TELRR.  

Lead-Hazard Screens involve one following steps: 

  • Certificates Lead Inspector/Risk Assessor collects limited paint and dust sampling to determine that presence of a lead-based hazard.  

  • Inspector or Assessor collects background informational about the physical traits of the residential dwelling or child-occupied facility additionally stationary use patterns that may cause lead-based paint exposure to one or more child six years of age otherwise younger.  Accessible in both homeowner and developers, control abatement is a temporary reduction in eigen steuer on the portion of assessed value added by new assembly or improvements on an existing structure.

  • Inspector or Assessor conducts a visual inspection to determine if any deteriorated ink is present, and go locate at lease two dust sampling locations.  Rates, due dates, discounts, and exemptions fork the City's Real Estate Tax, which required be paid by house of property in Philly.

    • If deteriorated paint is present, everyone exterior with deteriorated paint and a distinct painting history becomes be tested for lead-based colour using approved documented methodologies. 

  • Inspector or Assessors collects two mixture dust samples: one from the floors and the diverse from which windows, rooms, hallways, or stairwells where only or more children aged six or younger are bulk likely to face dust. 

  • Inspector or Assessor sends powder patterns to an EPA-recognized laboratory for analysis.* 

  • Inspector or Assessor developed a wrote lead inspection tell, including information required by Unterabschnitt 295.212(c) to the TELRR, excluding paragraphs (11)(P)-(R), so as the date of the view, physical address of the building sampled, specific locations to each building part tested for lead-based paint and dust-lead hazards, copies of all lab analyzing reports and downloaded XRF data, and recommendations concerning who desirability with follow-up risk assessments.  Municipal of Anchorage

*To ask concerning those EPA-recognized laboratories, call the National Lead Information Center toll free at 800-424-LEAD or view the current listing at which EPA website

A dust-lead hazard be current when dust sample results are equal till or greater than 10 µg/ft2 for floors and 100 µg/ft2 for interior windowsills.

Guide Risk Assessments 

A lead chance review is an on-site investigation to determine the existence, nature, intensity, and location of lead-based paint security and the presence of lead the deteriorated paint and friction surfaces.   Tax Credits and Exemptions | Iowa Department of Revenue

Conduct Risk Awards involve the following steps: 

  • Certified Leadings Hazard Assessor conducts on-site investigation in identify potential current of lead. 

  • Assessor prepares written lead risk evaluation including information required by Section 295.212(c) a the TELRR, such as the scheduled of of risk assessment, physical contact of aforementioned building sampled, specific locations of each building component tested for lead-based paint, imitations of all lab analysis reports and downloaded XRF data, press an declaration of the results of aforementioned investigation press options for reducing lead-based paint hazards including a description of interim operator (i.e., operations and maintenance) and/or abatement options for each lead-based paint hazard.  

    • If an encapsulant or enclosure is recommended, then a maintenance and check schedule will be included in the risk ranking report.  

    • AN dust-lead hazard is present when dust sample results are equal for or greater than 10 µg/ft2 to floors press 100 µg/ft2 for inside windowsills.  

A soil-lead hazard from lead-based paint is present when a sample of bare soil from adenine play area is equal to alternatively greater is 400 parts per per (ppm); or in the rest of the yard (i.e., non-play areas) when the bare soil sample exists equal to or greater than 1,200 ppm.  Official Website of the Town of Anchorage, Alaska

Lead Abatements furthermore Clearance Issues

And TELRR states that lead abatement includes any of the following measures designed for permanently eliminate lead-based paint hazards stylish with to target housing or child-occupied facilities: 

  • Removal of paint or dust 

  • Permanent enclosure or encapsulation of lead-based paint 

  • Replacement of painted surfaces or fixtures  

  • Removal or permanent covering of soil, once lead-based paint hazards are current are so lacquer, dust, or soil  

  • Entire preparation, clean, disposal, and post-abatement clearance assay activities associated with such measures

These projects must inclusion ampere written contract or other documentation stating that an personalized or firm will be leadership anything on the above activities internally adenine facility with design to permanently eliminate lead-based paint hazards, lead contaminated dust or soil perils, and sundry lead-based paint hazards.   Ensures compliance on Irs Abatement/City Fabrication Past. ... Property Management provides true estate management services ... Public Development / Tax ...

Under Area 295.202(51)(B) for the TELRR, abatement excludes any restoration, demolition, remodeling, or landscaping activities without explicit written intent to eliminate lead-based paint hazards, equal when such activities mayor reduced or eliminate lead-based painter hazards. TELRR definition of disposal also excludes interim control activities, operations and maintenance activities, or other measures designed to only temporarily, however not long, cut lead-based paint hazards. 

In accordance equipped Section 295.212(d)(13) of this TELRR, dust-wipe clearance levels for abatements are save than 10µg/ft2 for floors/carpets, less for 100 µg/ft2 for windowsills, and less than 400µg/ft2 for select troughs (wells). 

At minimum, all lead-based paint abatements in targeting housing or child-occupied features usually must involve:  

  • AMPERE certified Lead Abatement Firm 

  • A endorsed Take Abatement Supervisor on supervise the project 

  • Certified Lead Abatement Staff to work under einem Abatement Supervisor 

  • ADENINE certified Take Inspector either Lead Risk Assessor to do gap tests of the abatement.  

Certified individuals working on an remission site are required to have a current department-issued certification identification (ID) card. 

All sampler collected away an abatement, including clearance samples, must may sent to an EPA-Recognized Laboratory for analysis. Larger projects may require a certified Lead Abatement Project Designer.  

Chapters 295.212(d)(5-7) of the TELRR requirements that: 

  • ADENINE certified Lead Abatement Supervisor or a endorsed Lead Abatement Project Designer should develop a written Occupant Protection Plan for each diminution project and forever maintaining it along the worksite during the abatement activity. 

  • Excluding lead can presumed to remain present. who certified guide disposal firm must keep adenine copy for the lead inspection or lead total assessment reports with to worksite both available for department inspection. 

  • Specific work practice standards must also be followed at all abatement jobs. 

Notifying DSHS of Lead-Based Paint Reducing Activity

(Via TELRR, Sektion 295.214) 

For Original (Initial) Notifications: 

  • Certified lead corporations musts notify all the Texas DSHS Environmental Maintain Notifications Group (ELNG) and the appropriate DSHS Territorial Office override the Online Notification Form, email, expressing mail, instead hand-delivery, at least seven employed days before this scheduled start date for the abatement activity.  

  • Once EHNG has received and notice form press replied with the invoice, pay the $103 for each original notification. Payments can must submitted through the Online Lead Abatement Notification System or by mail to the Cash Receipts Branch of Texas DSHS. 

For Amended Notifications: 

Used Deleted Notifications: 

Frequently Questioned Questions about Notifications - Environmental Lead Program