Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT
Rule 391-3-24-.06 - Standards for Conducting Lead-Based Paint Activities
Universal Citation: GA Rules and Regs r 391-3-24-.06
Current through Rules and Regulations filed through September 23, 2024
(1) Scope.
(a) When performing any lead-based paint activities, a certified person must perform that activity in compliance with the requirements specified in this section.
(b) Persons performing lead-based paint activities shall work for a certified lead firm.
(c) No person or firm shall engage in a lead-based paint abatement project prior to notifying the Division and receiving a notice to proceed from the Division.
(d) For each inspection, risk assessment, or lead hazard screen conducted, the lead inspector or lead risk assessor shall submit an inspection report or risk assessment report to the party for which services are rendered, and the Division, if requested. The report shall be submitted within thirty (30) days of the activity.
(2) Inspection.
(a) An inspection shall be conducted only by a person certified by the Division as a lead inspector and/or a combined inspector/risk assessor. The inspection must be conducted according to the procedures in this section.
(b) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint:
1. In a residential dwelling and child-occupied facility, each interior 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 lead inspector or lead risk assessor determines to have been replaced after 1978, or to not contain lead-based paint; and
2. 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 lead inspector or lead risk assessor determines to have been replaced after 1978, or to not contain lead-based paint.
(c) Paint shall be sampled in the following manner:
1. The analysis of paint to determine the presence of lead shall be conducted using documented methodologies, which incorporate adequate quality control procedures; and/or
2. All collected paint chip samples shall be analyzed according to paragraph (6) of this section to determine if they contain detectable levels of lead that can be quantified numerically.
(d) The certified lead inspector or lead risk assessor shall prepare an inspection report, which shall include the following information:
1. Date of each inspection.
2. Address of building.
3. Date of construction.
4. Apartment numbers (if applicable).
5. Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.
6. Name, signature, and certification number of each certified inspector and/or risk assessor conducting testing.
7. Name, address, and telephone number of the certified lead firm employing each inspector and/or risk assessor, if applicable.
8. 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.
9. Specific locations of each painted component tested for the presence of lead-based paint.
10. The results of the inspection expressed in terms appropriate to the sampling method used.
(3) Lead Hazard Screen.
(a) A lead hazard screen shall be conducted only by a person certified by the Division as lead risk assessor.
(b) If conducted, a lead hazard screen shall be conducted as follows:
1. 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 (6) years and under shall be collected.
2. A visual inspection of the residential dwelling 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.
3. 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.
4. In residential dwellings, at least two dust samples shall be collected, one from a floor and the other from a window, in rooms, hallways or stairwells where one or more children, age six (6) and under, are most likely to come in contact with dust.
5. In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in paragraph (3)(b)4. of this section, the lead risk assessor shall collect dust samples from common areas where one or more children, age six (6) and under, are most likely to come into contact with dust.
(c) Dust samples shall be collected and analyzed in the following manner:
1. All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures.
2. All collected dust samples shall be analyzed according to paragraph (6) of this section to determine if they contain detectable levels of lead that can be quantified numerically.
(d) Paint shall be sampled in the following manner:
1. The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/or
2. All collected paint chip samples shall be analyzed according to paragraph (6) of this section to determine if they contain detectable levels of lead that can be quantified numerically.
(e) The lead risk assessor shall prepare a lead hazard screen report, which shall include, but not be limited to, the following information.
1. The information required in a risk assessment report as specified in paragraph (4) of this section, including any background information collected pursuant to paragraph (b)1 of this section shall be included in the risk assessment report; and
2. Recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions.
(4) Risk Assessment.
(a) A risk assessment shall be conducted only by a person certified by the Division as a lead risk assessor and, if conducted, must be conducted according to the procedures in this section:
(b) A visual inspection for risk assessment of the residential dwelling 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 sources of lead-based paint hazards.
(c) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause a lead-based paint exposure to one or more children age six (6) years and under shall be collected.
(d) The following surfaces, which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead.
1. Each friction surface or impact surface with visibly deteriorated paint; and
2. All other surfaces with visibly deteriorated paint.
(e) In residential dwellings, dust samples (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 (6) and under are most likely to come into contact with dust.
(f) For multi-family dwellings and child-occupied facilities, the samples required in paragraph (4)(d) of this section shall be taken. In addition, interior window sill and floor dust samples (single-surface samples) shall be collected in the following locations:
1. Common areas adjacent to the sampled residential dwelling or child-occupied facility, and
2. Other common areas in the building where the lead risk assessor determines that one or more children age six (6) years and under, are likely to come into contact with dust.
(g) For child-occupied facilities, window and floor dust samples (single-surface samples) shall be collected in each room, hallway or stairwell utilized by one or more children, age six (6) and under, and in other common areas in the child-occupied facility where the lead risk assessor determines one or more children, age six (6) and under, are likely to come into contact with dust.
(h) Soil samples shall be collected and analyzed for lead concentrations in the following locations:
1. Exterior play areas where bare soil is present.
2. Dripline/ foundation areas where bare soil is present.
3. The rest of the yard (i.e., non-play areas) where bare soil is present.
(i) Any paint, dust or soil samples shall be taken using documented methodologies that incorporate adequate quality control procedures.
(j) Any collected paint chip, dust, or soil samples shall be analyzed according to paragraph (6) of this section to determine if they contain detectable levels of lead that can be quantified numerically.
(k) The lead risk assessor shall prepare a risk assessment report which shall include the following information:
1. Date of assessment.
2. Address of each building.
3. Date of construction of buildings.
4. Apartment number (if applicable).
5. Name, address, and telephone number of each owner of each building.
6. Name, signature, and certification of the lead risk assessor conducting the assessment.
7. Name, address, and telephone number of the lead firm employing each lead risk assessor.
8. Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples.
9. Results of the visual inspection.
10. Testing method and sampling procedure for paint analysis employed.
11. Specific locations of each painted component tested for the presence of lead.
12. All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device.
13. All results of laboratory analysis on collected paint, soil, and dust samples.
14. Any other sampling results.
15. Any background information collected pursuant to paragraph (4)(c) of this section.
16. 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.
17. A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards.
18. 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.
(5) Abatement.
(a) An abatement shall be conducted only by a person certified by the Division and shall be conducted in accordance with the procedures and requirements specified in this section.
(b) A lead supervisor is required for each abatement project and shall be on-site at all times when abatement is being conducted. This would include preparation, cleanup, disposal and testing activities associated with such measures.
(c) All abatement shall be conducted in accordance with the requirements of this section.
(d) Notification for a lead-based paint abatement project in a residential dwelling, child-occupied facility, or multi-family dwelling shall be made on forms supplied by the Division and submitted to the Division fifteen (15) calendar days prior to the start date of the lead-based paint abatement project.
(e) Abatement shall not commence until the Division has provided a notice to proceed in accordance with paragraph (11) of this section.
(f) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures:
1. The occupant protection plan shall be unique to each residential dwelling, multi-family dwelling or child-occupied facility and 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.
2. A certified lead supervisor or certified lead project designer shall prepare the occupant protection plan.
(g) The work practices listed below shall be restricted during an abatement as follows:
1. Open-flame burning or torching of lead-based paint is prohibited;
2. 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 capable of removing particles of 0.3 microns or larger from air at 99.97 percent or greater efficiency;
3. Operating a heat gun on lead-based paint is permitted only at a temperature below 1100 degrees Fahrenheit; and
4. Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective painting spots no more than two (2) square feet in any one room, hallway or stairwell or totaling no more than twenty (20) square feet on exterior surfaces.
(h) If conducted, soil abatement shall be conducted in one of the following ways:
1. If soil is removed, the lead-contaminated soil shall be replaced with soil with a lead concentration less than 400 parts per million or background concentration of lead, whichever is lower; or
2. If soil is not removed, the lead-contaminated soil shall be permanently covered as defined in TSCA § 745.223.
3. If soil is removed, it shall not be used as top soil at another site.
(i) The following post-abatement clearance procedures shall be performed only by a lead inspector or lead risk assessor:
1. 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.
2. Following the visual inspection and any post-abatement cleanup required by paragraph (5)(i)1. of this section, clearance sampling for lead-contaminated dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling techniques.
3. Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures. Dust samples for clearance purposes shall be taken a minimum of one (1) hour after completion of final post-abatement cleanup activities.
4. The following post-abatement clearance activities shall be conducted based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility:
(i) After conducting an interior abatement with containment between abated and unabated areas, one (1) dust sample shall be taken from one (1) interior window sill and from one (1) window trough (if available) and one dust sample shall be taken from the floors of each of no less than four (4) rooms, hallways or stairwells within the containment area. In addition, one (1) dust sample shall be taken from the floor outside the containment area. If there are less than four (4) rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.
(ii) After conducting an interior abatement with no containment, two (2) dust samples shall be taken from no less than four (4) rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One (1) dust sample shall be taken from one (1) window (if available) and one (1) dust sample shall be taken from one (1) interior window sill and window trough (if present) and one (1) dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are less than four (4) rooms, hallways or stairwells within the residential dwelling 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 in accordance with applicable standards set forth by the Division, and in compliance with all federal, state and local requirements. Clearance wipe samples must be collected from the exterior floors and concrete involved with the abatement project.
5. The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.
6. The lead inspector or risk assessor shall compare the residual lead dust level (as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors, concrete, windowsills, and window troughs as found in 391-3-24-.07. If the residual dust levels in a dust sample exceed the clearance levels, all the components represented by the failed sample shall be re-cleaned and retested until clearance levels are met.
(j) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided:
1. The certified persons who abate or clean the residential dwelling do not know which residential dwellings will be selected for the random sample.
2. A sufficient number of residential dwellings are selected for dust sampling to provide a ninety-five percent (95%) level of confidence that no more than 5 percent (5%) or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels.
3. The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph (5)(i) of this section.
(k) An abatement project completion notification shall be prepared by a lead supervisor or lead project designer. The notification shall be prepared on forms supplied by the Division and shall include, but not be limited to, the following information:
1. Start and completion dates of abatement.
2. The name and address of each lead firm conducting the abatement and the name of each lead supervisor assigned to the abatement project.
3. The name and title of the lead supervisor or lead project designer who prepared the occupant protection plan pursuant to paragraph (5)(f) of this section.
4. The name, address, signature, and lead firm of each lead risk assessor or lead inspector conducting clearance sampling and the date of clearance testing.
5. The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses.
6. A detailed written description 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 monitoring of encapsulants or enclosures.
(l) Abatement project completion notifications shall be submitted to the Division no later than thirty (30) working days after the completion date of lead-based paint abatement project.
(6) Collection and Laboratory Analysis of Samples.
(a) Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be:
1. Collected by persons certified by the Division as a lead inspector or lead risk assessor; and
2. Analyzed by a laboratory recognized by the EPA pursuant to section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples.
(7) 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 (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in 391-3-24-.07;
(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 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
(d) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.
(8) A dust-lead hazard is present in a residential dwelling or child-occupied facility:
(a) On floors and interior window sills when the weighted arithmetic mean lead loading for all single surface of floors and interior window sills are equal to or greater than 10 micrograms per square foot (µg/ft2) for floors and equal to or greater than 100 micrograms per square foot (µg/ft2) for interior window sills respectively;
(b) On floors or interior window sills in an un-sampled 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 or child-occupied facility, 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.
(9) 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 (i.e., non-play areas) for each residential building on a property is equal to or greater than 1,200 parts per million.
(10) Project Fees.
(a) A lead firm or lead supervisor shall submit to the Division a project fee for each lead-based paint abatement project at least fifteen (15) calendar days prior to the start date of each abatement project. Project fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees. Project fees shall be based upon the following formula:
1. $50 per residential dwelling unit or child-occupied facility plus 2% (.02) of the total value of lead-based paint abatement work covered by the notification. Notifications submitted less than fifteen (15) calendar days prior to the state date, and with Division approval to commencement of lead-based paint abatement activities, are Emergency Notifications and must include an additional $50 fee.
(11) Lead-Based Paint Abatement Project Notification.
(a) No person shall conduct abatement without a notice to proceed from the Division, except as provided for in paragraph (c)(2) of this section. All abatement activities shall be conducted by certified persons and certified lead firms.
(b) All notifications shall be made on forms provided by the Division. The notification shall include, but not be limited to, the following applicable information:
1. Name, address, contact name, and phone number of the owner and operator of the target housing or child-occupied facility;
2. Name, certification number, address, contact name and phone number of the lead firm;
3. Name, certification number, address, firm, and phone number of the lead inspector and lead risk assessor;
4. Name, certification number, address, firm, and phone number of the lead project designer;
5. Location and street address, including building number or name and floor or room number, city, county, and state of the building where the abatement is taking place;
6. Scheduled start and completion dates of active lead-based paint abatement work including preparation work and cleanup work;
7. Work schedule, including days of the week and hours to be worked;
8. Amount and locations of material to be abated;
9. Method(s) of abatement;
10. Waste transporter, address, contact name, and phone number;
11. Waste disposal site, address, contact name, and phone number;
12. For ordered abatements, the name, title, and authority of the State or local government representative who has ordered the abatement, the date that the order was issued, and the date the abatement was ordered to begin;
13. For emergency abatements, a description of the nature of the emergency and an explanation of how failure to correct the situation would cause a lead-based paint hazard;
14. Total value of the lead-based paint abatement work covered by the notification;
15. Total number of residential dwelling units and/or child occupied facilities abated; and
16. The original signature and date of the lead firm representative.
17. The person who developed the Occupant Protection Plan for the project.
(c) Notifications for lead-based paint abatement projects shall adhere to the following schedule:
1. Notifications for a lead-based paint abatement project shall be postmarked or delivered to the Division at least fifteen (15) calendar days prior to the scheduled start date;
2. The fifteen (15) calendar day notice may be waived if the abatement project is deemed an emergency lead-based paint abatement project by a lead risk assessor and approved by the Division prior to commencement of lead-based paint abatement activities. A notification involving an emergency lead-based paint abatement project shall be postmarked or hand delivered to the Division by the workday following the request for the emergency abatement project. Notifications for emergency abatement projects shall be submitted along with a letter from the owner or the lead risk assessor explaining the nature of the emergency.
(d) All notifications, both regular and emergency, for lead-based paint abatement shall be accompanied by a project fee in accordance with paragraph (10) of this section. Project fees shall be submitted electronically or in the form of check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.
(e) Revisions to lead-based paint abatement project notifications shall be made in writing on a form provided by the Division and shall be submitted to the Division for the following:
1. Revision to a start date for a project that will begin after the start date stated in the previous notification shall be received on or before the previously stated start date or previously revised start date;
2. Revision to a start date for a project that will begin before the start date stated in the previous notification or subsequent revisions shall be received at least fifteen (15) calendar days before the new start date;
3. Revision to a completion date that will be extended beyond the completion date stated in the previous notification shall be received by the original completion date or previously revised completion date;
4. Revision to a completion date that will be earlier than the completion date stated in the previous notification or subsequent revision shall be received by the new completion date; and
5. Revisions to notifications other than start or completion dates shall be submitted to the Division prior to initiating the activity which the revision addresses.
(f) The following shall be maintained on site during abatement activities and be immediately made available for review by the Division:
1. A copy of the project notification, notice to proceed and all revisions;
2. The occupant protection plan;
3. A copy of the applicable lead-based paint abatement design, risk assessment and inspection reports; and
4. Certifications issued by the Director for all certified persons and firms performing lead-based paint activities.
(g) All abatement shall be conducted in accordance with Rule 391-3-24-.06.
(h) All abatement shall be conducted under the direct supervision of a certified lead supervisor who shall be on-site at all times when abatement activities are being conducted.
(12) Recordkeeping.
(a) All reports or plans required in this section shall be maintained by the certified lead firm or person who prepared the report for no fewer than three (3) years. The certified lead firm or person shall also provide copies of these reports to the building owner who contracted for its services.
O.C.G.A. § 31-41-1, et seq.
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