Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part III - Air
Chapter 28 - Lead-Based Paint Activities-Recognition, Accreditation, Licensure, and Standards for Conducting Lead-Based Paint Activities
Section III-2811 - Work Practice Standards for Conducting LeadBased Paint Activities for Target Housing and Child-Occupied Facilities

a. Lead-based paint is present 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 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.

b. A paint-lead hazard shall be considered present:

c. A dust-lead hazard shall be considered present:

d. A soil-lead hazard shall be considered present:

a. dust wipes from floors/carpets: less than 10 micrograms per square foot;

b. dust wipes on window sills: less than 100 micrograms per square foot;

c. dust wipes on window troughs: less than 400 micrograms per square foot;

d. dust wipes from exterior surfaces: less than 400 micrograms per square foot;

e. lead-contaminated bare soil and lead-contaminated covered soil in areas expected to be used by children: 400 micrograms per gram; and

f. lead-contaminated covered soil in areas where contact by children is less likely or infrequent: 1200 micrograms per gram.

a. in a residential dwelling and child-occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history, except those components that the inspector or risk assessor determines to have been replaced after 1978 or to not contain lead-based paint; and

b. 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.

a. paint shall be analyzed to determine the presence of lead using documented methodologies that incorporate adequate quality control procedures; and/or

b. all collected paint chip samples shall be analyzed by a recognized laboratory to determine the concentration of lead.

a. date of each inspection;

b. address of building;

c. date of construction;

d. apartment numbers (if applicable);

e. name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

f. name, signature, and accreditation number of each inspector and/or risk assessor conducting testing;

g. name, address, and telephone number of the licensed contractor employing each inspector and/or risk assessor, if applicable;

h. name, address, and telephone number of each recognized laboratory conducting an analysis of collected samples;

i. 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 XRF device;

j. specific locations and the condition (i.e., good, fair, poor) of each painted component tested for the presence of lead-based paint;

k. all sample data; and

l. results of the inspection expressed in terms appropriate to the sampling method used.

a. 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 6 years and under, shall be collected;

b. a visual inspection of the residential dwelling or child-occupied facility shall be conducted to:

c. if deteriorated paint is present, each surface with deteriorated paint that 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 residential dwellings 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 6 years and under, are most likely to come in contact with dust; and

e. in multi-family dwellings or child-occupied facilities, in addition to the floor and window samples, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 years and under, are most likely to come into contact with dust.

a. all dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures; and

b. all collected dust samples shall be analyzed by a recognized laboratory to determine the concentration of lead.

a. paint shall be analyzed to determine the presence of lead using documented methodologies that incorporate adequate quality control procedures; and/or

b. all collected paint chip samples shall be analyzed by a recognized laboratory to determine the concentration of lead.

a. the information required in a risk assessment report as specified in Paragraph D.11 of this Section. Additionally, any background information collected in accordance with Paragraph D.3 of this Section shall be included in the risk assessment report; and

b. recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions.

a. common areas adjacent to the sampled residential dwelling or child-occupied facility; and

b. other common areas in the building where the risk assessor determines that one or more children, age 6 years and under, are likely to come into contact with a dust-lead hazard.

a. exterior play areas and non-play areas where bare soil is present; and

b. dripline/foundation areas where bare soil is present.

a. date of assessment;

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, and accreditation of the accredited risk assessor conducting the assessment;

g. name, address, and telephone number of the licensed contractor employing each accredited risk assessor, if applicable;

h. name, address, and telephone number of each recognized laboratory conducting analysis of collected samples;

i. results of the visual inspection;

j. testing method and sampling procedure employed for paint analysis;

k. specific locations of each painted component tested for the presence of lead;

l. all data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device;

m. all results of laboratory analysis on collected paint, soil, and dust samples;

n. any other sampling results;

o. any background information collected in accordance with Paragraph D.3 of this Section;

p. to the extent that they are used as part of the lead-based paint hazard determination, results of any previous inspections or analyses for presence of lead-based paint or other assessments of lead-based paint-related hazards;

q. description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and

r. 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.

a. Regular notification shall be made using a department-approved form and be postmarked or hand-delivered at least five working days prior to beginning any on-site work at the lead abatement project. The notification must be accompanied by the appropriate fees (LAC 33:III.223).

b. The project shall not start before the start date noted on the lead project notification (LPN) form, as defined in LAC 33:III.2803. The Office of Environmental Services shall be notified if the operation will stop for a day or more during the project time noted on the LPN or if the project has been canceled or postponed. The firm shall also give notice 24 hours before the completion of a project. Notice shall be submitted to the department with written follow-up and fax notification to the appropriate regional office.

c. A notification of less than five working days constitutes an emergency notification. For emergencies during normal working hours, the contractor shall provide notification either by fax or email to the Office of Environmental Services and the DEQ regional office responsible for inspecting the project site within 24 hours of the start of the project. After working hours, the contractor shall provide notification by fax, email, or voice mail to the Office of Environmental Services and the DEQ regional office responsible for inspecting the project site within 24 hours of the start of the project. The completed notification form shall be submitted within five working days and shall be accompanied by the appropriate processing fees (LAC 33:III.223).

d. An amended LPN shall be submitted to the department and appropriate regional office when changes occur in the completion dates, methodology, and square footage.

e. Failure to submit a complete and accurate notification or failure to submit appropriate fees will cause the notification to be rejected and constitutes a failure to notify.

a. the occupant protection plan shall be unique to each residential dwelling 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. the worker protection plan shall describe the measures taken to ensure worker protection that are consistent with OSHA (29 CFR 1926.62) and/or the state health officer requirements; and

c. an accredited lead project supervisor or project designer shall prepare the occupant and worker protection plans.

a. open-flame burning or torching of lead-based paint is prohibited;

b. machine sanding or grinding or dry abrasive blasting or sandblasting of lead-based paint is prohibited unless used with attached High Efficiency Particulate Air (HEPA) vacuum-shrouded exhaust control, which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

c. operating a heat gun on lead-based paint is permitted only at temperatures below 1100° F; and

d. dry scraping of lead-based paint is permitted only in conjunction with heat guns or adjacent to electrical outlets or when treating defective paint spots totaling no more than 2 square feet in any one room, hallway, or stairwell or totaling no more than 20 square feet on exterior surfaces.

a. If soil is removed, the lead-contaminated soil shall be replaced with soil that is not lead-contaminated. Any lead-contaminated soil that is removed shall not be used as top soil at another residential property or COF.

b. If soil is not removed, soil abatement shall be conducted in one of the following ways.

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 required post-abatement cleanup, 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 based upon the extent of abatement activities conducted in or to the residential dwelling or child-occupied facility:

f. the rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodologies; and

g. the accredited inspector or the accredited risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors, carpets, and windows. If the residual lead levels in a dust sample are equal to or exceed the clearance levels, all the components represented by the failed sample shall be recleaned and retested until clearance levels are met. Until all applicable clearance levels for lead in dust are met, the area shall not be cleared for reoccupancy.

a. the accredited individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample;

b. a sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels; and

c. the randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in Paragraph E.9 of this Section.

a. start and completion dates of the abatement;

b. the name and address of each licensed contractor conducting the abatement and the name of each supervisor assigned to the abatement project;

c. the occupant and worker protection plan;

d. the name, address, and signature of each accredited risk assessor or accredited 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 that conducted the analyses;

f. 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 suggested monitoring of encapsulants or enclosures; and

g. information on the storage, transport, and disposal of any waste generated during the abatement.