902 KAR
48:040. Permit fees, permit requirements and procedures, and standards for
performing lead-hazard detection and abatement.
RELATES
TO: KRS 211.180, 217.801, 40 C.F.R. Part 745.227
STATUTORY
AUTHORITY: KRS 211.090(3), 211.9061-211.9075
NECESSITY,
FUNCTION, AND CONFORMITY: The Department for Public Health is required by
statute to promulgate administrative regulations relating to lead-hazard
detection and abatement. This administrative regulation establishes permit
fees, permit requirements and procedures, and standards for performing
lead-hazard detection and abatement activities in target housing or
child-occupied facilities.
Section
1. Work Practice Requirements and Methodologies. Lead-hazard detection and
abatement activities shall comply with:
(1) The
work practice standards and procedures established by this administrative
regulation;
(2) Documented methodologies recognized
in federal EPA rules identified in 40 CFR Part 745.227, "Work practice
standards for conducting lead-based paint activities: target housing and
child-occupied facilities"; or
(3) Equivalent methodologies.
Section 2. Lead-hazard Inspections. A
lead-hazard inspection shall comply with the following work practice standards
and procedures:
(1) An
inspection shall be conducted by a certified lead-hazard inspector or
lead-hazard risk assessor.
(2) The
sites and components specified in subsection (3) of this section shall be:
(a)
Selected according to technical methodologies specified in Section 1 of this
administrative regulation; and
(b)
Tested for the presence of lead in paint;
(c)
Excluded from testing if the inspector or risk assessor determines that the
components were:
1.
Replaced after 1978; or
2. Not coated with lead-containing paint
or similar coating.
(3) The
sampling scheme shall be as follows:
(a) For
a single residential dwelling or child-occupied facility, interior and exterior
components with a distinct painting history; and
(b) For
a multifamily dwelling or child-occupied facility, additional components with a
distinct painting history in common areas.
(4)
Paint shall:
(a) Be
sampled under the technical methodologies specified in Section 1 of this
administrative regulation; and
(b)
Tested in the following manner:
1. The
analysis of paint to determine the presence of lead shall be conducted using
documented methodologies that incorporate quality control procedures; and
2.
Paint chip samples that have been collected shall be analyzed by an
EPA-recognized laboratory to determine if they contain hazardous levels of
lead.
(5) A
certified lead-hazard inspector or risk assessor shall prepare an inspection
report that shall include the following:
(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 of each residential dwelling
or child-occupied facility;
(f)
Name, signature, and certification number of the certified inspector or risk
assessor who conducted the inspection;
(g)
Name, address, and telephone number of the firm or individual employing each
inspector or risk assessor, if applicable;
(h)
Name, address, and telephone number of the laboratory that conducted an
analysis of collected samples, if applicable;
(i) The
testing method, testing device, or sampling procedure employed for paint
analysis, including:
1.
Quality control data; and
2. If
used, the serial number and radioactive materials license number of the XRF
device;
(j)
Specific locations of each painted component tested; and
(k) The
results of the inspection expressed in terms appropriate to the sampling method
used.
(6) A
copy of the lead-hazard inspection report shall be submitted to the department
within thirty (30) days after the completion of the inspection.
Section
3. Lead-hazard Screens. A lead-hazard screen shall comply with the following
work practice standards and procedures:
(1) A
lead-hazard screen shall be conducted by a certified lead-hazard risk assessor.
(2) For
a residential dwelling or child-occupied facility, the lead-hazard risk
assessor shall:
(a)
Collect background information regarding the physical characteristics and
occupant use patterns of the residential dwelling or child-occupied facility
that may cause lead exposure to a child;
(b) Conduct
a visual inspection to determine if deteriorated paint is present;
(c)
Test for the presence of lead on each surface with deteriorated paint
determined to have a distinct painting history;
(d)
Collect paint chip and dust samples using the technical methodologies specified
in Section 1 of this administrative regulation;
(e)
Collect at least two (2) composite dust samples from each room where children
are most likely to come in contact with dust, as follows:
1. One
(1) from the floors; and
2. One
(1) from the window troughs or sills;
(f) For
a multifamily dwelling, collect one (1) additional sample from each common area
where children are most likely to come in contact with lead dust;
(g)
Submit paint chip or dust samples to an EPA-approved laboratory for analysis;
(h)
Prepare a lead-hazard screening report that shall include:
1. The
applicable component information required for a complete lead-hazard risk
assessment identified in subsection (4) of this section; and
2. If
warranted, recommendations for a follow-up risk assessment and other
appropriate action; and
(i) Submit
to the department, within thirty (30) days from the completion of the
assessment, a copy of the lead-hazard screening report.
Section
4. Lead-hazard Risk Assessments. Risk assessment shall comply with the
following work practice standards and procedures shall comply with the provisions
of this section.
(1) A
risk assessment shall be conducted by a certified risk assessor.
(2) A
risk assessor shall:
(a)
Collect samples using a methodology specified in Section 1 of this
administrative regulation;
(b)
Conduct a visual inspection of a residential dwelling or child-occupied
facility to:
1.
Locate deteriorated paint;
2.
Assess the extent and causes of the deterioration of paint; and
3.
Inspect for other potential sources of lead hazard;
(c)
Collect information regarding the physical characteristics and occupant use
patterns of the residential dwelling or child-occupied facility that may cause
lead exposure to children;
(d)
Test every surface coated with visibly-deteriorated paint for the presence of
lead;
(e) For
a residential dwelling, collect dust samples, either composite or single
surface, from the interior window sill(s) and floor, where children are most
likely to come into contact with dust;
(f) For
a multifamily dwelling, collect additional dust samples in the following
locations:
1. Each
common area adjacent to the residential dwelling or child-occupied facility
from which samples have been taken; and
2. Each
common area in the building;
(g) For
a child-occupied facility, collect dust samples in the following locations:
1. Each
room, hallway or stairwell; and
2.
Other common areas;
(h)
Collected soil samples at the following locations:
1.
Exterior play areas where bare soil is present;
2.
Dripline or foundation areas where bare soil is present; and
3. The
rest of the yard where bare soil is present;
(i)
Submit collected paint chip, dust, or soil samples to an EPA-recognized
laboratory; and
(j)
Prepare a lead-hazard risk assessment report.
(3) The
information provided in a report shall include:
(a)
Date of assessment;
(b)
Address of each building;
(c)
Date of construction of buildings;
(d)
Apartment numbers, if applicable;
(e)
Name, address, and telephone number of each owner of each building;
(f)
Name, signature, and certification number of the certified risk assessor
conducting the assessment;
(g)
Name, address, and telephone number of the firm or individual employing each
certified risk assessor, if applicable:
(h)
Name, address, and telephone number of each recognized laboratory conducting an
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)
Diagram or floor plan showing testing locations;
(m)
Data collected from on-site testing, including:
1.
Quality control data; and
2. If
used, the serial number of the XRF device;
(n)
Results of laboratory analysis on:
1.
Collected paint;
2.
Soil; and
3. Dust
samples;
(o)
Other sampling results;
(p)
Background information collected described at subsection (2)(c) of this
section;
(q) The
history of any previous inspection or analysis for the presence of lead, lead
assessments, or other lead hazards found in the residence, that have been given
consideration, as a part of the present hazard determination;
(r) A
description of:
1. The
location, type, and severity of identified lead hazards associated with paint;
and
2.
Other potential lead hazards;
(s) A
description of interim controls or abatement for each identified lead hazard,
including:
1.
Description of interim controls or abatement options; and
2.
Recommendations for addressing the lead hazard; and
(t) If
the use of an encapsulant or enclosure is recommended, a suggested maintenance
and monitoring schedule is required.
(5) A
copy of the lead-hazard risk assessment report shall be submitted to the
department within thirty (30) days after the completion of the assessment.
Section
5. Abatement Permit Application. (1) The following items shall be submitted to
the department by the certified person who prepared the abatement plan:
(a) An
abatement plan with components as identified in Section 7(b) of this
administrative regulation;
(b) An
occupant protection plan with components identified in Section 7(c) of this
administrative regulation; and
(c) The
fee established by Section 6 of this administrative regulation.
(2) The
department shall consider and render a decision regarding an application in
accordance with KRS 211.9063(6).
(3) If
an application is not approved, the applicant shall:
(a) Be
notified in writing of the deficiencies;
(b)
Correct the deficiencies indicated in the department's notice of disapproval;
and
(c)
Submit to the department:
1. The
corrected application; and
2. An
additional application review fee.
(4) An
abatement permit shall be valid for the dates of issuance, unless extended by
the department for the following conditions:
(a)
Written request seven (7) days prior to expiration date by the permit holder;
and
(b)
Provision of the following information:
1.
Amended dates of abatement;
2. An
amended abatement plan, if applicable; and
3. An
amended occupant protection plan, if applicable.
(5) If
the lead-hazard abatement activity has not been completed within the dates of
issuance or permit dates extended, the permit holder shall:
(a)
Apply for an amended permit; and
(b) Pay
the amended permit fee established in Section 6 of this administrative
regulation.
Section
6. Application and Permit Fee Schedule. (1) The fee for a lead-hazard abatement
permit shall be:
(a) For
each single family dwelling or child-occupied facility, $225;
(b) For
a multifamily dwelling, $100 per residence;
(c)
Exterior abatement, $125 per building; and
(d)
Soil abatement, fifty (50) dollars per project.
(2)
Other fees required are:
(a)
Application review fee, fifty (50) dollars;
(b)
Amended permit, twenty-five (25) dollars; and
(c)
Reinspection fee, $100.
Section
7. Lead-hazard Abatement and Occupant Protection Plans. Standards and
requirements for abatement and occupant protection plans are as follows:
(1)
Abatement and occupant protection plans shall be prepared a certified project
designer if:
(a) The
project is a large-scale project; and
(b) The
planned abatement activity creates additional lead waste material not considered low
waste, such as:
1. Filtered personal or
commercial water;
2. Disposable personal
protective clothing; and
3. Plastic sheeting.
(2) An
abatement plan shall include:
(a)
Name and certification number of the individual who prepared the plan;
(b)
Name and certification numbers of all individuals working at the site;
(c) Anticipated
start and finish dates;
(d)
Daily work hours at the project;
(e)
Copy of job specifications relating to the project;
(f)
Location of the site;
(g)
Type of structure;
(h)
Sequence of work activity;
(i)
Abatement methods to be used;
(j)
Diagram or floor plan showing abatement locations;
(k)
Enclosure and containment methods and locations;
(l)
Locations of rooms and components where abatement will occur;
(m)
Reason for the selection of particular abatement methods for each component;
(n) If
encapsulants are to be used, product usage information;
(o)
Cleanup measures; and
(p)
Name and address of individual conducting clearance testing.
(3) An
occupant protection plan shall:
(a) Be
unique to the residential dwelling or child-occupied facility;
(b)
Developed prior to the abatement; and
(c) Be
a detailed, written description of the measures and management procedures that
will be taken during the abatement to protect the occupants of the building
from exposure to lead hazards.
Section
8. Lead-hazard Abatement On-site Project Requirements. (1) In compliance with
KRS 211.9063(5), a lead-hazard abatement activity shall not be conducted until
the department issues a permit.
(2) The
abatement permit shall be kept at the abatement site until:
(a)
Project is complete;
(b)
Clearance is achieved; and
(c) The
department has conducted the quality assurance inspection required by KRS
211.9063(6).
(3)
Only a certified person shall be allowed on the abatement site during the time
that abatement activities are being conducted.
(4) A
certified person shall keep the department-issued identification card in
possession while on site.
(5) The
certified supervisor or certified project designer who prepared the abatement
plan shall be:
(a)
Available, within two (2) hours, to the lead-abatement workers while
lead-abatement activities are conducted; and
(b) On
site during:
1. Work
site preparation;
2. The
postlead-abatement cleanup of work areas; and
3. At
the time of the departmental quality assurance inspection.
(6) The
lead-abatement permit holder shall ensure that a lead abatement and
postlead-abatement activity complies with applicable federal, state, and local
law and requirements.
Section
9. Specific Lead-Hazard Abatement Practices. (1) Soil abatement shall be
conducted as follows:
(a) If
soil containing a hazardous level of lead is removed, the permit holder will
provide analytical information to the department that the replacement soil does
not contain amounts over the established soil lead-hazard levels; or
(b) If
soil containing a hazardous lead level is not removed, the lead hazard in the
soil shall be considered as abated when permanently covered by a method
identified in Section 1 of this administrative regulation.
(2) The
following work practices used for paint removal shall be prohibited:
(a)
Open-flame burning or torching; or
(b)
Machine sanding or grinding, or abrasive blasting or sandblasting unless
conducted using a high efficiency particulate air exhaust control that removes
particles of three-tenths (0.3) microns or larger from the air at 99.97 percent
or greater efficiency.
(c) Dry
scraping unless:
1. In
conjunction with heat guns; or
2.
Around electrical outlets; or
3. In
the treatment of defective paint spots that total no more than:
a. Two
(2) square feet on surfaces within a room; or
b.
Twenty (20) square feet on exterior surfaces.
(d) Use
of a heat gun at temperatures that exceed 1,100 degrees Fahrenheit.
Section
10. Postabatement Clearance Procedures. (1) Postabatement clearance procedures
shall be performed according to a method identified in Section 1 of this
administrative regulation.
(2)
Postlead-hazard abatement clearance shall be performed by a certified inspector
or certified risk assessor.
(3)
Postlead-hazard clearance after a nonabatement activity, such as renovation or
remodeling, shall be performed by a certified inspector, risk assessor, or
sampling technician.
(4) A
visual inspection shall be conducted before sampling to examine for
deteriorated paint, dust or debris.
(5)
Clearance sampling shall not take place if deteriorated painted surfaces or
visible amounts of dust or debris are found during the visual inspection.
(6)
Sampling shall be conducted using single or composite dust sampling as identified
in Section 1 of this administrative regulation.
(7)(a)
The certified person who conducted the clearance shall compare the residual
lead levels, as determined by the laboratory analysis from each dust sample,
with clearance levels established by Section 13 of this administrative regulation.
(b) If the residual lead levels in a dust
sample exceed accepted clearance levels, each component represented by the
failed sample shall be recleaned and retested until clearance levels have been
met.
(8) In
a multifamily dwelling with similarly-constructed and maintained residential
units,
random sampling for clearance shall be conducted in accordance with documented
methodologies. The person who
conducted the lead-hazard abatement and postabatement cleanup in the residential
dwelling shall not be provided knowledge of the units selected for the random
sample.
Section
11. Clearance Report. (1) After clearance, the certified person shall prepare a
report containing the following information:
(a)
Name of the individual conducting the clearance;
(b)
Departmental certification number;
(c)
Address of the property;
(d)
Specified units and areas effected;
(e)
Dates of clearance examination;
(f)
Results of visual assessment;
(g)
Results of dust sample analysis;
(h)
Name and address of laboratory used;
(i)
Project activity information; and
(j)
Lead-hazard reduction or abatement methods used.
(2) A
copy of the lead-hazard clearance report shall be submitted to the department
within thirty (30) days after the completion of the clearance.
Section
12. Levels of Lead in Paint. The following lead levels shall be used to determine if
paint or similar coatings are considered as lead-based paint:
(1) Equal to or in excess of
one (1.0) milligrams per square centimeter; or
(2) More than five-tenths
(0.5) percent by weight.
Section
13. Dust Lead Hazards. The maximum acceptable levels used for clearance or
other evaluation after the disturbance of lead paint, or for determination of
potential lead dust hazards in a residential structure or child-occupied
facility, are as follows:
Floors
40
Interior
Window Sills
250
Window
Troughs
400
Exterior
Components
800
Section
14. Soil Lead Hazards. Soil is considered to be a lead hazard on residential
property or at a child-occupied facility if the lead level exceeds:
(1) 400
parts per million in a play area; or
(2)
1,200 parts per million of bare soil in the rest of the yard.
Section
15. Quality Assurance Inspection. (1) A permit holder shall notify the
department of the completion of the abatement services and clearance testing.
(2) The
department shall proceed in accordance with quality assurance inspection
provisions of KRS 211.9063(6).
(3) An
abatement permit holder shall provide the department with access to the project
unit to conduct a quality assurance inspection.
(4) If
a department inspector discovers visual dust or paint chips, or violative work
practices and standards, the inspector shall:
(a) Not
conduct sampling; and
(b)
Notify the permit holder that another inspection shall be conducted after:
1.
Cleanup has been completed; and
2.
Another clearance is conducted.
(5) If a dust
sample exceeds clearance levels:
(a) The components making up
the failed sample shall be:
1. Recleaned; or
2. Otherwise lead-hazard
abated; and
(b) Another clearance shall
be conducted.
(6) For
each failed inspection a permit holder shall pay a reinspection fee as
established by Section 6 of this administrative regulation.
Section
16. Postabatement Report. (1)(a) A postabatement report shall be prepared by
either the certified lead-hazard supervisor or lead-hazard project designer who
prepared the abatement plan.
(b) The
postabatement report shall include the:
1.
Start and completion dates of abatement;
2. Name
and addresses of the certified individual preparing the report;
3.
Changes made to the occupant protection plan and the abatement plan;
4.
Name, address, and signature of each certified risk assessor or certified
inspector conducting clearance sampling and the date of clearance testing;
5. The
name of each recognized laboratory that conducted the analysis;
6.
Results of:
a.
Clearance testing; and
b. Soil
analysis, if applicable; and
7.
Suggested monitoring of encapsulation or enclosure plan according to a methodology
identified in Section 1 of this administrative regulation.
(2) The
postabatement report shall be submitted to the department within thirty (30)
days after the completion of the abatement project.
Section
17. Recordkeeping. A report required by this administrative regulation shall be
retained by the permit holder, or other certified individual who prepared the
report, for three (3) years.
Section
18. Administrative Hearings. An administrative hearing relating to the subject
matter of this administrative regulation shall be conducted in accordance with
902 KAR 1:400. (28 Ky.R. 1288; 1875; eff. 2-7-2002.)
