Current through Register No. 40, October 3, 2024
(a)
Abatement activities shall not include:
(1)
Activities that fall under the EPA's Renovation, Repair, and Painting Rule 40
CFR 745, Subpart E, including renovation, remodeling, landscaping, or other
activities, when such activities are not designed to permanently eliminate
lead-based paint hazards, but are designed to repair, restore, or remodel a
given structure or dwelling, even though these activities might incidentally
result in a reduction or elimination of lead-based paint hazards; or
(2) Interim controls done in accordance with
He-P 1610, operations and maintenance activities, or other measure and
activities designed to temporarily, but not permanently, reduce human exposure
or likely exposure to lead-based paint hazards.
(b) All abatement activities shall be
conducted in accordance with RSA 130-A and He-P 1600.
(c) Abatement activities shall only be
performed by persons licensed or certified in accordance with He-P 1612.
(d) Activities conducted at an
active abatement work site that do not disturb lead-based paint or generate
dust may be performed by any person provided:
(1) A licensed lead abatement supervisor is
present at all times in accordance with He-P 1609.01(f);
(2) The work scope is reviewed and approved
by a NH licensed lead abatement contractor or supervisor in accordance with
RSA
130-A:9,VI;
(3) The individual does not engage directly
in lead based substance abatement in accordance with
RSA 130-A:9,
VI;
(4) All other requirements of He-P 1600 are
followed;
(5) The work is being
conducted in an area free of dust and debris where all dust generating
activities have been completed; and
(6) The passing of a preliminary clearance as
described in
He-P
1608.12(d) has been
achieved.
(e) Examples
of activities allowed to be performed by any person in accordance with (d)
above include:
(1) Installation of exterior
siding;
(2) Installation of
interior carpeting or other floor covering where paint is not disturbed;
(3) Enclosure of bare soil using
asphalt or concrete;
(4) Removal of
a door from hinge pins;
(5)
Non-dust generating preparation to surfaces that are intact prior to the
application of encapsulants per
He-P
1609.03;
(6) Application of encapsulants per
He-P
1609.03; and
(7) Other activities that do not disturb
lead-based paint or cause dust generation with prior department approval
following the submission of a "Request for a Variance" (May 2020).
(f) Abatement activities,
including those activities conducted under He-P 1609.01(d), shall only be
performed when either a certified lead abatement supervisor or certified
owner-contractor is present at the site.
(g) During any abatement activity where there
is a lead abatement supervisor present on the site, a licensed lead abatement
contractor or certified owner-contractor shall be available to the supervisor,
at a minimum, by telephone.
#5920, eff 1-1-95; ss by #7181, eff 12-24-99; ss by
#7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by
#9986, eff 9-1-11 (from
He-P
1605.03)
