Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the lead-bearing
substance concentration regarding dust samples and adds an additional category
in order to align with Federal guidelines.
(1) Licensure. All persons conducting risk
assessments shall be licensed by the Office of Lead Licensing and Accreditation
(OLLA) as set forth in sections
701.300 through
701.338,
RSMo, and
19
CSR 30-70.110 through
19
CSR 30-70.200. Licensed risk assessors must present,
upon request, proof of licensure in the form of the photo identification badges
issued by OLLA.
(2) Conflict of
Interest. OLLA recommends that licensed risk assessors conducting risk
assessments for dwellings or child-occupied facilities should avoid potential
conflicts of interest by not being contracted, subcontracted, or employed by a
lead abatement contractor performing abatement activities on the same lead
abatement project.
(3) Documented
Methodologies for Conducting Risk Assessments.
(A) Licensed risk assessors shall use the
following documented methodologies as referenced in this regulation for
conducting risk assessments:
1. The U.S.
Department of Housing and Urban Development (HUD) publication entitled,
"Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing" (HUD Guidelines); and
2.
The U.S. Environmental Protection Agency (EPA) publications entitled, "EPA
Lead-Based Paint Risk Assessment Model Curriculum" (EPA Model Training);
"Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and
Lead-Contaminated Soil"; and "Residential Sampling for Lead: Protocols for Dust
and Soil Sampling."
(B)
Where a conflict exists between any of the aforementioned methodologies and any
federal or state statute or regulation, or any city or county ordinance, the
most stringent of these shall be adhered to by the licensed risk
assessor.
(4) Collection
and Laboratory Analysis of Samples. Any paint chip, dust, or soil samples
collected pursuant to these work practice standards shall be-
(A) Collected by persons licensed by OLLA as
a lead inspector or risk assessor; and
(B) Analyzed by a laboratory recognized by E
PA pursuant to section 405(b) of TSCA as being capable of performing analyses
for lead compounds in paint chip, dust, and soil samples.
(5) Sample Forms and Questionnaires. Sample
forms and questionnaires may be found within the documented methodologies
referenced in section (3) of this regulation. These samples may be used as a
guide by Missouri licensed risk assessors.
(6) Lead Risk Assessment.
(A) A visual inspection for risk assessment
of the dwelling or child-occupied facility shall be conducted to locate the
existence of deteriorated lead-bearing substances, assess the extent and causes
of the deterioration, and other potential lead hazards.
(B) Background information regarding the
physical characteristics of the dwelling or child-occupied facility and
occupant use patterns that may cause lead-bearing substance exposure to one (1)
or more children age six (6) years and under shall be collected.
(C) Each surface with deteriorated
lead-bearing surface coatings, which is determined using documented
methodologies referenced in section (3) of this regulation, and a distinct
painting history, shall be tested for the presence of lead. Each other surface
determined, using documented methodologies, to be a potential lead hazard and
having a distinct painting history, shall also be tested for the presence of
lead.
(D) In dwellings, dust
samples (either composite or single-surface samples) from the window troughs,
sills, and floors near friction or impact spots or in areas with deteriorated
surface coatings shall be collected in all living areas where one (1) or more
children age six (6) and under is most likely to come into contact with dust
(i.e., children's play- room, kitchen, bedrooms, and bathrooms).
(E) For multi-family dwellings and
child-occupied facilities, the samples required in subsection (6)(D) shall be
taken. In addition, window and floor 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 risk assessor determines that one (1) or more children age six (6) and
under is likely to come into contact with dust.
(F) For child-occupied facilities, window and
floor dust samples (either composite or single-surface samples) shall be
collected in each room, hallway, or stairwell utilized by one (1) or more
children age six (6) and under and in other common areas in the child-occupied
facility where the risk assessor determines that one (1) or more children age
six (6) and under is likely to come into contact with dust.
(G) Soil samples shall be collected and
analyzed for lead concentrations in exterior play areas where bare soil is
present and at dripline/foundation areas where bare soil is present.
(H) Any paint, dust, or soil sampling or
testing shall be conducted using the documented methodologies referenced in
section (3) of this regulation.
(I)
The risk assessor shall prepare a risk assessment report as described in
section (11) of this regulation.
(7) Lead Hazard Screen Risk Assessments.
(A) Background information regarding the
physical characteristics of the dwelling or child-occupied facility and
occupant use patterns that may cause lead-bearing substance exposure to one (1)
or more children age six (6) years and under shall be collected.
(B) A visual inspection of the dwelling or
child-occupied facility shall be conducted to-
1. Determine if any deteriorated lead-bearing
substance is present; and
2. Locate
at least two (2) dust sampling locations.
(C) If deteriorated paint is present, each
surface with deteriorated paint and a distinct painting history shall be tested
for the presence of lead.
(D) In
dwellings, two (2) composite dust samples shall be collected, one from the
floors and the other from the windows in rooms, hallways, or stairwells where
one (1) or more children age six (6) and under is most likely to come in
contact with dust.
(E) In
multi-family dwellings and child-occupied facilities, in addition to the floor
and window samples required in (7)(D), the risk assessor shall also collect
composite dust samples from common areas where one (1) or more children age six
(6) and under is most likely to come into contact with dust.
(F) Dust, paint, and soil sampling shall be
conducted using the documented methodologies referenced in section (3) of this
regulation.
(G) The risk assessor
shall prepare a risk assessment report as required in section (11) of this
regulation.
(8) Elevated
Blood Lead Level (EBL) Investigation Risk Assessments.
(A) The risk assessor shall have the parents
or guardians of the EBL child fill out a questionnaire (see HUD guidelines
Table 16.2) prior to sampling. Environmental testing should be linked to the
child's history and may include a prior residence or other areas frequented by
the child.
(B) Background
information regarding the physical characteristics of the dwelling or
child-occupied facility and occupant use patterns that may cause lead-bearing
substance exposure to one (1) or more children age six (6) years and under
shall be collected.
(C) Each
surface on the dwelling itself, furniture, or play structures frequented by the
child that has deteriorated surface coatings shall be tested for the presence
of lead.
(D) Each chewable, impact,
and friction surface shall be tested for the presence of lead-bearing
substances.
(E) Dust samples from
areas frequented by the child, including play areas, porches, kitchens,
bedrooms, and living and dining rooms shall be collected. Dust samples shall
also be collected from automobiles, work shoes, and laundry rooms if
occupational lead exposure is a possibility.
(F) Soil samples shall be collected from bare
soil areas of play areas, areas near the foundation of the house, and areas
from the yard. If the child spends significant time at a park or other public
play area, samples should be collected from these areas, unless the area has
already been sampled and documented.
(G) If necessary, water samples of the
first-drawn water from the tap most commonly used for drinking water, infant
formula, or food preparation shall be collected.
(H) All paint, dust, or soil collection and
testing shall be conducted using the documented methodologies referenced in
section (3) of this regulation.
(I)
The risk assessor shall prepare a risk assessment report as required in section
(11) of this regulation.
(9) Composite Dust Sampling. Composite dust
sampling may only be conducted in the situations specified in sections (6) and
(7) of this regulation. If such sampling is conducted, the following conditions
shall apply:
(A) Composite dust samples shall
consist of at least two (2) samples;
(B) Every component that is being tested
shall be included in the sampling; and
(C) Composite dust samples shall not consist
of subsamples from more than one (1) type of component.
(10) Sampling Results. Analytical sampling
results wtiich are received as a result of having conducted a risk assessment,
an EBL investigation risk assessment, or lead hazard screen risk assessment
shall be interpreted in accordance with the following for the matrices
indicated:
(A) Paint. A paint chip sample
which has a lead concentration that exceeds the values indicated below is
considered to be a lead-bearing substance.
| XRF-1.0 milligrams per square centimeter
(mg/cm2) |
| Laboratory-1.0 mg/cm2 or
0.5% by weight (or 5,000 parts per million (PPM)) |
(B)
Dust. A dust sample which has a lead concentration that exceeds the values
indicated below is considered to be a lead-bearing substance.
|
Interior Floors- 10 micrograms per square foot
(µg/ft2)
|
|
Porch Floors - 40 micrograms per square foot
(µg/ft2)
|
|
Interior Window Sills-100 micrograms per square foot
(µg/ft2)
|
|
Window Troughs-100 micrograms per square foot
(µg/ft2)
|
(C)
Soil. A soil sample which has a lead concentration that exceeds the values
indicated below is considered to be a lead-bearing substance.
| Bare soil areas when children have access to the site,
400 PPM |
| Bare soil areas when children do not have access to the
site, 2,000 PPM |
(D)
Water. A water sample which has a lead concentration that exceeds the value
indicated below is considered to be a lead-bearing substance.
| 15 parts per billion (PPB) or 15 [MICRO]g/L |
(11) Reporting and Documentation. The
licensed risk assessor shall prepare a risk assessment report which shall
include the following information:
(A) Date
of risk assessment;
(B) Address of
each dwelling or child-occupied facility;
(C) Date dwelling or child-occupied facility
was constructed;
(D) Apartment
number, if applicable;
(E) Name,
address, and telephone number of each owner of each dwelling or child-occupied
facility;
(F) Name, signature, and
license number of the licensed risk assessor conducting the
assessment;
(G) Name, address, and
telephone number of the firm employing each licensed 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 for paint analysis employed;
(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;
(M)
X-ray fluorescence (XRF) results, including the following (if applicable):
1. XRF manufacturer and model;
2. Serial number of XRF device used during
the inspection;
3. Calibration
verification from the beginning and end of each residential unit;
4. A copy of the XRF device user's
certificate of training provided by the equipment manufacturer;
5. License or registration number of the XRF
instrument;
6. A summary that
categorizes the XRF results into one (1) of three (3) categories: positive,
negative, or inconclusive; and
7.
Recommendations for addressing inconclusive XRF results;
(N) All results of laboratory analysis on
collected paint, soil, and dust samples and the name of each accredited
laboratory that conducted the analysis;
(O) Any other sampling results;
(P) Any background information collected
pursuant to subsections (6)(B), (7)(A), and (8)(B) of this
regulation;
(Q) 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-bearing substance hazards;
(R) A description of the location, type, and
severity of identified lead-bearing substance hazard and any other potential
lead hazards; and
(S) A description
of interim controls and/or abatement options for each identified lead 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.
(12) Time Frame for Submission of
Reports. The risk assessment report shall be provided to the owner of the
property within twenty (20) business days of risk assessment
completion.
(13) Report Records
Retention. All risk assessment reports shall be kept and maintained by the risk
assessor who prepared the report for no fewer than three (3) years. The
licensed risk assessor shall make copies of risk assessment reports available
to OLLA upon request.
*Original authority: 701.301, RSMo 1998 and 701.312, RSMo
1993, amended 1998, 2005.
