Title 26 — Subtitle 02. Occupational, Industrial, and Residential Hazards
Chapter 01. Blood Lead Reporting
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Blood lead analysis” has the meaning stated in COMAR 10.11.04.02B.
(2)
“Blood lead level test” means to:
(a)
Draw a blood specimen, by either venous or capillary methodology, and:
(i)
Send the blood specimen to a medical laboratory for blood lead analysis; or
(ii)
Conduct a blood lead analysis at a health care provider's office subject to licensing, certification, and approval by the Laboratories Administration of the Maryland Department of Health; or
(b)
Order a blood specimen to be drawn by a third-party health care provider, by either venous or capillary methodology, and send it to a medical laboratory for blood lead analysis.
(3)
“Department” means the Maryland Department of the Environment.
(4)
“Health care provider” has the meaning stated in COMAR 10.11.04.02B.
(5)
“Laboratory” means a medical laboratory as defined in COMAR 10.10.01.03B.
(6)
“Local health department” means the health department of the Maryland subdivision where the patient resides.
(7)
“Parent or guardian” means an individual acting in a primary custodial capacity.
(8)
“Reference level” means:
(a)
5 micrograms per deciliter; or
(b)
Beginning 1 year after the date that the Centers for Disease Control and Prevention revises the blood lead reference level until 1 year after a subsequent revision, the revised blood lead reference level as determined by the Centers for Disease Control and Prevention.
Regulation .02 Information to be Reported.LinkCopy Citation
A.
Who Shall Report. The laboratory, health care provider’s office, or other facility that draws a blood specimen from a child 18 years old or younger for a blood lead level test shall obtain the information required by §D(1)—(5) and (8) of this regulation at the time of drawing the blood specimen.
B.
Time and Method for Reporting by a Facility that Initially Draws a Blood Specimen.
(1)
A laboratory that performs blood lead analysis shall provide a referral form of paper or electronic requisition that specifies the required information for use by a laboratory, a health care provider’s office, or another facility that draws a blood specimen.
(2)
The facility that draws a blood specimen shall:
(a)
Record the information required under §D(1)—(5) and (8) of this regulation on the laboratory's referral form or similar form; and
(b)
Forward the required information concurrently with the blood specimen to the laboratory that performs blood lead analysis.
C.
Time and Method for Reporting by a Laboratory. A laboratory required to report a blood lead level test under this regulation shall report the blood lead level test in the format approved by the Department and include all of the information required under §D of this regulation.
D.
The blood lead level test to be reported shall include the following information:
(1)
The child's demographic information, including:
(a)
First name, last name, and middle initial;
(b)
Date of birth, country of birth, sex, race, and ethnicity;
(c)
Medical assistance number if the child is enrolled in Medicaid or the Maryland Children’s Health Program;
(d)
Complete home address at the time the blood specimen was drawn, including house or apartment number, street, city or town, county or Baltimore City, zip code, and state;
(e)
Telephone number; and
(f)
Parent or guardian's name;
(2)
If the child being tested is female, whether the child was pregnant at the time of the blood lead level test;
(3)
Type of blood specimen, venous or capillary, and the blood draw date;
(4)
The health care provider’s office name, address, telephone number, and national provider identifier (NPI);
(5)
If the draw site is different from the health care provider’s office, the laboratory’s or other facility’s name, address, telephone number, and NPI;
(6)
All of the following information about the laboratory performing the blood lead analysis:
(a)
Laboratory name, address, telephone number, and clinical laboratory improvement amendment number (CLIA);
(b)
Laboratory method used to analyze the blood specimen;
(c)
The limit of detection for the method used to analyze the blood specimen; and
(d)
If reporting a “no result” test result, the limit of detection for the laboratory;
(7)
Blood lead level in micrograms per deciliter expressed with a numeric results comparator of:
(a)
Equal, if the blood lead level is an exact measurement; or
(b)
Less than or greater than, if a blood lead level reading is below or above a certain level that a device used to analyze a blood specimen can accurately record; and
(8)
Additional information as may be required by the Department.
Regulation .03 Missing Information.LinkCopy Citation
A.
A laboratory that receives a blood specimen from a laboratory, a health care provider’s office, or another facility without all of the required information listed in Regulation .02D(1)—(5) and (8) of this chapter included on the referral form required under Regulation .02B of this chapter shall:
(1)
Within 3 business days of receipt of the blood specimen, send to the facility that provided the blood specimen a written or electronic message citing the regulations and requirements of this chapter, requesting that all the required missing information be forwarded to the laboratory; and
(2)
Upon receipt of the required information, collate and transmit the information to the Department within the time frames set forth in Regulation .04C of this chapter.
B.
When the laboratory reports a blood lead level test result to the Department with one or more of the requirements listed in Regulation .02D(1)—(5) and (8) of this chapter omitted, the laboratory shall concurrently provide the name and address of the facility that:
(1)
Drew the blood specimen; and
(2)
Failed upon request to forward the required information to the laboratory.
C.
The facility that drew the blood specimen shall respond to a written or electronic message from a laboratory that did not receive all of the required information listed in Regulation .02D(1)—(5) and (8) of this chapter by providing the information to the laboratory within:
(1)
1 business day of receiving the message regarding a blood lead level test result of greater than or equal to the reference level; and
(2)
5 business days of receiving the message for a blood lead level test result of less than the reference level.
D.
A laboratory not permitted in accordance with COMAR Title 10 to perform a blood lead analysis that accepts a blood specimen from a health care provider for referral to another laboratory for blood lead analysis shall ensure that:
(1)
The requisition record includes all of the information that is required under Regulation .02D(1)—(5) and (8) of this chapter; and
(2)
The required information is transmitted to the laboratory performing the blood lead analysis along with the blood specimen.
E.
Reporting a Blood Lead Level Test Result with Missing Information.
(1)
A laboratory shall collate information required under Regulation .02D of this chapter that is collected to complete a previously incomplete requisition record for a blood lead level test before submitting the information to the Department in accordance with §A of this regulation.
(2)
A laboratory shall report to the Department the missing information collated pursuant to §E(1) of this regulation:
(a)
Concurrently with the blood lead level test result, if the reporting time frame for a blood lead level test result established in Regulation .04C of this chapter has not concluded; or
(b)
In a manner indicating that there has been a change in the blood lead level test record, if reporting the missing information after the initial blood lead level test result was reported to the Department.
Regulation .04 A Laboratory that Performs the Tests.LinkCopy Citation
A.
Reporting to the Department. The director of a laboratory shall report to the Department the result of a blood lead level test performed on a child 18 years old or younger, who resides in Maryland.
B.
Additional Reporting Requirements.
(1)
In addition to the requirements of §A of this regulation, the director of a laboratory shall report to the Commissioner of the Baltimore City Health Department the result of a blood lead level test performed on a child 18 years old or younger, who resides in Baltimore City.
(2)
In addition to the requirements under §§A and B(1) of this regulation, a laboratory shall report the result of a blood lead level test to:
(a)
The health care provider that ordered the blood lead level test; and
(b)
Another entity as required by State, federal, or local statutes or regulations, or in accordance with accepted standards of practice.
C.
A laboratory shall report the result of a blood lead level test to the Department by facsimile or other manner required by the Department within the following time frames:
(1)
By the close of business of the next business day following a final blood lead level test result of greater than or equal to the reference level; and
(2)
Within 2 weeks of a final blood lead level test result of less than the reference level.
D.
A laboratory that uses an electronic system for tracking blood lead level test results shall report a result to the Department electronically in a manner consistent with the technical specifications established by the Department.
Regulation .05 Reporting by the Department.LinkCopy Citation
A.
Upon receipt of a blood lead level test result, the Department shall report the information required under Regulation .02D of this chapter and the result of a blood lead level test indicating a blood lead level greater than or equal to the reference level to the:
(1)
Local health department in the jurisdiction in which the child resides; and
(2)
Maryland Department of Health.
B.
Time and Manner of Reporting by the Department.
(1)
The Department shall report a blood lead level test result of:
(a)
Greater than or equal to 10 micrograms per deciliter by the close of business of the next business day following the receipt of the final test result; and
(b)
5 micrograms per deciliter through 9 micrograms per deciliter within 2 weeks of the receipt of the final test result.
(2)
The Department may report the information required under Regulation .02D of this chapter and the result of a blood lead level test indicating a blood lead level of less than 5 micrograms per deciliter to the local health department or the Maryland Department of Health, or both.
Regulation .06 Measures for Noncompliance.LinkCopy Citation
A person who violates Environment Article, §6-303, Annotated Code of Maryland, or this chapter is subject to an administrative penalty of up to $250 per violation, not exceeding $10,000.
Chapter 02. Prevention of Occupational Diseases
Repealed
Chapter 03. Control of Noise Pollution
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“ANSI” means American National Standards Institute or its successor bodies.
(2)
“Construction” means any site preparation, assembly, erection, repair, alteration, or similar activity.
(3)
“Curtilage” means the enclosed land surrounding a house or dwelling and includes all areas maintained in lawn or horticultural plantings and may be bounded by a fence or wall, but would not typically include areas more distant than 300 feet from the dwelling unless those areas were horticulturally maintained and routinely used as areas of personal refuge, or supported accessory structures that were routinely utilized.
(4)
“Daytime hours” means 7 a.m. to 10 p.m., local time.
(5)
“dBA” means abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.
(6)
“Decibel (dB)” means a unit of measure equal to ten times the logarithm to the base ten of the ratio of the square of the sound pressure to the square of a standard reference pressure. For the purpose of this subtitle, 20 micropascals shall be the standard reference pressure.
(7)
“Demolition” means any dismantling, destruction, or removal activities.
(8)
“Department” means the Department of the Environment.
(9)
“Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
(10)
“Environmental noise” means the noise that exists at any location from all sources.
(11)
“Environmental noise standards” means the goals for environmental noise, the attainment and maintenance of which, in defined areas and under specific conditions, are necessary to protect the public health and general welfare.
(12)
“Equivalent sound level” (also “average sound level”) means the level of a constant sound which, in a given situation and time period, would convey the same sound energy as does the actual time-varying sound during the same period. Equivalent sound level is the level of the time weighted, mean-square, A-weighted sound pressure. A numerical subscript may be used to indicate the time period under consideration; i.e., Leq24 or Leq8 for 24-hour and 8-hour periods, respectively. No subscript indicates a 24-hour period. The mathematical expression for the Leq is as follows:
(13)
“IEC” means International Electrotechnical Commission.
(14)
“Nighttime hours” means 10 p.m. to 7 a.m., local time.
(15)
“Noise” means the intensity, frequency, duration, and character of sound, including sound and vibration of sub-audible frequencies.
(16)
“Noise pollution” means the presence of noise of sufficient loudness, character, and duration, which whether from a single source or multiple sources, is, or may be predicted with reasonable certainty to be, injurious to health or which unreasonably interferes with the proper enjoyment of property or with any lawful business or activity.
(17)
“Periodic noise” means noise possessing a repetitive on-and-off characteristic with a rapid rise to maximum and a short decay not exceeding 2 seconds.
(18)
“Person” means any individual, group of individuals, firm, partnership, voluntary association, or private, public, or municipal corporation, or political subdivision of the State, or department, bureau, agency, or instrument of federal, State, or local government, responsible for the use of property.
(19)
“Prominent discrete tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this regulation, a prominent discrete tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the 2 contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
(20)
“Sound level” means, in decibels, the weighted sound pressure level measured by the use of a sound level meter. Sound level and noise level are synonymous. The weighting employed shall always be specified.
(21)
“Sound level meter” means an instrument, meeting International Electrotechnical Commission and American National Standards Institute standards comprising a microphone, an amplifier, an output meter, and frequency weighting network(s) that is used for the measurement of sound pressure levels in a specified manner.
(22)
Sound Pressure.
(a)
“Sound pressure” means the minute fluctuations in atmospheric pressure which accompany the passage of a sound wave.
(b)
Sound pressure is usually measured in dynes per square centimeter (dyne/cm2), or in newtons per square meter (N/m2), or in micropascals.
(23)
“Sound pressure level” means, in decibels, 20 times the logarithm to the base ten of the ratio of a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons per square meter). In the absence of any modifier, the pressure is understood to be that of a root mean-square pressure.
(24)
“Source” means any person or property, real or personal, contributing to noise pollution.
(25)
“Vibration” means any oscillatory motion of solid bodies.
(26)
“Zoning district” means a general land use category, defined according to local subdivision, the activities and uses for which are generally uniform throughout the subdivision. For the purposes of this regulation, property which is not zoned “industrial”, “commercial”, or “residential” shall be classified according to use as follows:
(a)
“Industrial” means property used for manufacturing and storing goods;
(b)
“Commercial” means property used for buying and selling goods and services;
(c)
“Residential” means property used for dwellings.
Regulation .02 Environmental Noise Standards.LinkCopy Citation
A.
Precepts.
(1)
It is known that noise above certain levels is harmful to the health of humans. Although precise levels at which all adverse health effects occur have not definitely been ascertained, it is known that one's well-being can be affected by noise through loss of sleep, speech interference, hearing impairment, and a variety of other psychological and physiological factors. The establishment of ambient noise standards, or goals, must provide margins of safety in reaching conclusions based on available data which relate noise exposure to health and welfare effects, with due consideration to technical and economic factors.
(2)
The environmental noise standards set forth here represent goals expressed in terms of equivalent A-weighted sound levels which are protective of the public health and welfare. The ambient noise levels shall be achieved through application, under provisions of laws or regulations or otherwise, of means for reducing noise levels including, but not limited to, isolation of noise producing equipment, dampening of sound waves by insulation, equipment modification and redesign, and land use management.
B.
Standards for Environmental Noise — General.
(1)
A person may not cause or permit noise levels which exceed those specified in this table except as provided in §B(2) or (3), or §C, of this regulation.
(2)
A person may not cause or permit noise levels emanating from construction or demolition site activities which exceed:
(a)
90 dBA during daytime hours;
(b)
The levels specified in Table 1 during nighttime hours.
(3)
A person may not cause or permit the emission of prominent discrete tones and periodic noises which exceed a level which is 5 dBA lower than the applicable level listed in Table 1.
(4)
A person may not cause or permit, beyond the property line of a source, vibration of sufficient intensity to cause another person to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property when vibration determinations are made.
(5)
A person may not operate or permit to be operated an off-road internal combustion engine powered recreational vehicle, including, but not limited to, a dirt bike, an all terrain vehicle, a go cart, a snowmobile, or a similar vehicle, on private property closer than 300 feet to a neighboring residence or the associated curtilage, without the written permission of the affected resident, unless it can be demonstrated to the Department that the vehicle can be operated within the noise limits specified in Table 1 under §B(1) of this regulation.
C.
Exemptions.
(1)
The provisions of this regulation may not apply to devices used solely for the purpose of warning, protecting, or alerting the public, or some segment thereof, of the existence of an emergency or hazardous situation.
(2)
The provisions of this regulation do not apply to the following:
(a)
Household tools and portable appliances in normal usage during daytime hours;
(b)
Lawn care and snow removal equipment (daytime only) when used and maintained in accordance with the manufacturer's specifications;
(c)
Agricultural field machinery when used and maintained in accordance with manufacturer's specifications;
(d)
Blasting operations for demolition, construction, and mining or quarrying (daytime only);
(e)
Motor vehicles on public roads;
(f)
Aircraft and related airport operations at airports licensed by the Maryland Aviation Administration;
(g)
Boats on State waters or motor vehicles on State lands under the jurisdiction of the Department of Natural Resources;
(h)
Emergency operations;
(i)
Pile driving equipment during the daytime hours of 8 a.m. to 5 p.m.;
(j)
Sound except those sounds that are electronically amplified, between 7 a.m. and midnight, created by:
(i)
Sporting events (except trap shooting, skeet shooting, or other target shooting);
(ii)
Entertainment events; and
(iii)
Other public gatherings operating under permit or permission of the appropriate local jurisdiction;
(k)
Rapid rail transit vehicles and railroads;
(l)
Construction and repair work on public property;
(m)
Air conditioning or heat pump equipment used to cool or heat housing on residential property; for this equipment, a person may not cause or permit noise levels which exceed 70 dBA for air conditioning equipment at receiving residential property and 75 dBA for heat pump equipment at receiving residential property;
(n)
Household pets on residential property that are maintained in accordance with local zoning requirements;
(o)
Except in Allegany, Anne Arundel, Baltimore City, Calvert, Charles, Garrett, Howard, Montgomery, St. Mary's, and Washington Counties, trap shooting, skeet shooting, or other target shooting between the hours of 9 a.m. and 10 p.m. on any range or other property of a shooting sports club that is chartered and in operation as of January 1, 2001;
(p)
Trash collection operations between the hours of 7 a.m. and 10 p.m.
(q)
Marina equipment used to move boats during the period from 7 am to 7 pm provided that the noise level does not exceed 80 dBA at 20 meters from the equipment.
(3)
The events and gatherings under §B(2)(j) of this regulation include, but are not limited to, athletic contests, amusement parks, carnivals, fairs at fairgrounds, sanctioned auto racing facilities, parades, and public celebrations.
(4)
In Frederick County or Frederick City, a fair listed in the Maryland agricultural fairs and shows schedule that is maintained by the Maryland Agricultural Fair Board, or any other event held on the same grounds and listed by the Agricultural Fair Board, is exempt from this chapter.
D.
Measurement.
(1)
The equipment and techniques employed in the measurement of noise levels may be those recommended by the Department, which may, but need not, refer to currently accepted standards or recognized organizations, including, but not limited to, the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Society of Automotive Engineers (SAE), International Electrotechnical Commission (IEC) and the United States Environmental Protection Agency (EPA).
(2)
The measurement of noise levels shall be conducted at points on or within the property line of the receiving property or the boundary of a zoning district, and may be conducted at any point for the determination of identity in multiple source situations.
(3)
Sound level meters used to determine compliance with Regulation .02 shall meet or exceed the specifications for Type II sound level meters.
Regulation .03 RepealedLinkCopy Citation
Regulation .04 Repealed.LinkCopy Citation
Regulation .05 Penalties.LinkCopy Citation
A.
Civil Penalty. Any person who willfully violates these regulations shall be liable to a civil penalty of not more than $10,000. Each day during which a violation continues there shall be liability for a separate penalty.
B.
Plan for Compliance. A violator who has submitted a plan for compliance with these regulations and has that plan or amendments to it approved by the Secretary, upon recommendation of the Department, may not be considered to be in violation of these regulations as long as he acts in accordance with the original or amended plan.
Chapter 04. Hazardous Substances
Regulation .01 Purpose and Scope — Products That Contain Mercury.LinkCopy Citation
This chapter establishes limitations on the sale of specified products that contain mercury.
Regulation .02 Definitions — Products That Contain Mercury.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Manufacturer” means a person that:
(a)
Produces a product;
(b)
For a multicomponent product, produces or assembles the final product; or
(c)
Serves as an importer or domestic distributor of a product produced outside of the United States.
(2)
“Marketer” means a person who manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on a fever thermometer containing mercury.
(3)
“Mercury-added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:
(a)
Dyes or pigments;
(b)
Electric switches;
(c)
Fluorescent lamps; and
(d)
Thermostats.
(4)
“Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.
Regulation .03 Prohibition on the Sale of Certain Products.LinkCopy Citation
A.
Fever Thermometers Containing Mercury.
(1)
Except as provided in §A(2) of this regulation, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.
(2)
The prohibition of §A(1) of this regulation does not apply to:
(a)
A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or
(b)
A digital thermometer using mercury-added button cell batteries.
B.
Mercury-Added Products.
(1)
This regulation does not apply to:
(a)
Prescription drugs;
(b)
Any substance regulated by the federal Food, Drug, and Cosmetic Act;
(c)
Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act;
(d)
Medical equipment not intended for use by nonmedical personnel; or
(e)
Products that contain mercury-added products that are labeled in accordance with this regulation, except as provided in Regulation .04B(4)(b) of this chapter.
(2)
Unlabeled Mercury-Added Products. Beginning April 1, 2006:
(a)
A manufacturer or wholesaler may not sell a mercury-added product at retail in Maryland or to a retailer in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter; and
(b)
A retailer may not knowingly sell a new mercury-added product in Maryland unless the product is labeled in accordance with Regulation .04 of this chapter.
(3)
The manufacturer of a mercury-added product manufactured on or after January 1, 2006 is responsible for affixing the label required by §B(2) of this regulation.
(4)
Motor Vehicles.
(a)
The manufacturer of a motor vehicle may meet the labeling requirements of §B(2) of this regulation by placing the label on the doorpost of a new vehicle.
(b)
A person who, in servicing a motor vehicle, adds a mercury-added product to the vehicle, shall:
(i)
Make any necessary revisions to the label on the doorpost of the vehicle provided by the manufacturer under §B(4)(a) of this regulation; or
(ii)
Add a label meeting the requirements of §B(2) of this regulation to the doorpost of the vehicle if the vehicle did not previously have such a label.
Regulation .04 Labeling Standards for Mercury-Added Products.LinkCopy Citation
A.
A mercury-added product required to be labeled under Regulation .03B of this chapter shall either:
(1)
Have a label that:
(a)
Clearly informs the purchaser or consumer that:
(i)
Mercury is present in the product; and
(ii)
The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury to the environment; or
(b)
Meets another state's label requirements for mercury-added products; or
(2)
Satisfy the conditions for an exemption under §B(2)(a) of this regulation.
B.
Label Standards.
(1)
The text of a label required under §A(1)(a) of this regulation:
(a)
Shall be legible and clearly presented;
(b)
May be any single, clear, easy-to-read type style;
(c)
Shall have not more than 39 characters per inch;
(d)
Shall have at least 0.5 point leading, that is, space between 2 lines of text;
(e)
May not have letters that touch; and
(f)
Shall use a type size not smaller than 8-point type for the notice that mercury is present in the product, and not smaller than 6-point type for the remainder of the message.
(2)
Location of the Label.
(a)
A label required under §A(1)(a) of this regulation shall be affixed on the surface of the mercury-added product, unless:
(i)
The physical form of the product prevents it from being directly labeled;
(ii)
The size of the product's surface is too small to accommodate the label, taking into account other requirements concerning the use of the product's surface, such as other required labels;
(iii)
Attachment of the label to the surface of the product would interfere with the function of the product; or
(iv)
The person required to affix the label demonstrates, to the Secretary's satisfaction, that it is not otherwise feasible to affix the label to the surface of the product.
(b)
If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, the label shall be:
(i)
Attached to packaging of the product that will be seen by the product's purchaser or user; or
(ii)
Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.
(3)
Size of the Label. A label under §A(1)(a) of this regulation shall be of sufficient size to present the information required by §A(1)(a) of this regulation while meeting the standards of §B of this regulation.
(4)
Requirements for Additional Labels.
(a)
If a label attached to the surface of a mercury-added product is not visible to a prospective purchaser, and the mercury-added product is not contained within another product, a second label meeting the requirements of §§A and B(1) of this regulation shall be:
(i)
Attached to packaging of the product that will be seen by the product's purchaser; or
(ii)
Provided as a package insert if the label would cover more than 60 percent of the total surface area of the product's packaging available to carry labeling.
(b)
If, as provided in §B(2)(a) of this regulation, the label is not attached to the surface of the mercury-added product, and the mercury-added product is used as a component in the manufacture of another product, the product that contains the mercury-added product as a component shall be labeled in accordance with §A of this regulation.
Chapter 05. (FORMALLY FLAMMABLE ARTICLES)
Vacant
Chapter 06. Reporting of Heavy Metal Poisoning
Regulation .01 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Department of the Environment.
(2)
“Elevated levels of arsenic” means:
(a)
Blood arsenic levels equal to or greater than .07 micrograms per milliliter.
(b)
Urine arsenic levels equal to or greater than 100 micrograms per liter.
(3)
“Elevated levels of cadmium” means:
(a)
Blood cadmium levels equal to or greater than 10 micrograms per liter.
(b)
Urine cadmium levels equal to or greater than 20 micrograms per liter.
(4)
“Elevated levels of lead” means:
(a)
Blood lead levels equal to or greater than 25 micrograms per deciliter.
(b)
Urine lead levels equal to or greater than 80 micrograms per liter.
(5)
“Elevated levels of mercury” means:
(a)
Blood mercury levels equal to or greater than 3 micrograms per deciliter.
(b)
Urine mercury levels equal to or greater than 20 micrograms per liter.
(6)
“Laboratory” means a medical laboratory licensed by the State of Maryland that conducts tests for lead, mercury, arsenic, or cadmium levels in blood or urine.
(7)
“Local health department” means the health department of the Maryland subdivision where the patient resides.
(8)
“MOSH” means Maryland Occupational Safety and Health, Division of Labor and Industry, Maryland Department of Labor.
Regulation .02 Reporting Procedure.LinkCopy Citation
A.
Who Shall Report.
(1)
Reporting by Laboratories. The supervisor or director of a laboratory shall report to the Department the results of test showing elevated levels of lead, mercury, arsenic, or cadmium in blood or urine in Maryland residents 18 years and older.
(2)
Reporting by the Department.
(a)
The Department shall report test results of occupational cases to MOSH.
(b)
The Department shall report test results to the local health department of residence.
B.
Time and Method of Reporting.
(1)
The laboratories shall record all elevated levels of lead, mercury, arsenic, or cadmium in blood or urine on the forms provided by the Department and shall also record information as prescribed on the form.
(2)
The laboratories shall provide the Department with three copies of the reporting forms within 5 working days of completion of the test.
Chapter 07. Procedures for Abating Lead Containing Substances from Buildings
Regulation .01 Scope.LinkCopy Citation
These regulations establish appropriate techniques for abatement of lead-containing substances from interior and certain exterior areas in group day care centers, in all residential property including owner-occupied residential property, and in buildings appurtenant to group day care centers and residential properties.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abate” or “abatement” means the elimination of exposure to lead-based substances that may result in lead toxicity or poisoning, by the removal or encapsulation of lead-containing substances, by thorough cleanup procedures, and by post-cleanup treatment of surfaces.
(2)
“Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business unit and any employee of it.
(3)
“Child” means a person under the age of 6.
(4)
“Contractor” means any business entity, public unit, or person performing the actual abatement for a lead abatement project.
(5)
“Department” means the Maryland Department of the Environment.
(6)
“Encapsulate” or “encapsulation” means to resurface or cover surfaces and to seal or caulk seams with durable material, so as to prevent or control chalking, flaking lead-containing substances from becoming part of house dust or accessible to children.
(7)
“HEPA” or “high efficiency particle air” means a filter capable of filtering out particles of 0.3 microns or greater from a body of air at 99.97 percent efficiency or greater.
(8)
“Lead abatement project” means any work performed in order to abate the presence of a lead-containing substance.
(9)
“Lead-containing substance” means any paint, plaster or other surface coating material containing more than 0.50 percent lead by weight calculated as lead metal in the dried solid, or more than 0.7 milligrams per square centimeter by the X-ray fluorescence analyzer.
(10)
“Owner” means a person, firm, corporation, guardian, conservator, receiver, trustee, executor, or other judicial officer, who, alone or jointly or severally with others, owns, holds, or controls the whole or any part of the freehold or leasehold title to any property, with or without accompanying actual possession of it, and shall include in addition to the holder of legal title, any vendee in possession of it, but may not include a mortgagee or an owner of a reversionary interest under a ground rent lease.
(11)
“Public unit” means:
(a)
Any agency, bureau, department, or instrumentality of State government;
(b)
Any agency, bureau, department, or instrumentality of federal or local government;
(c)
Any public, quasi-public, or municipal corporation.
(12)
“Quantitation limit” means the minimum quantity or level of lead that can reliably be measured or quantified to a specified degree of accuracy and precision.
(13)
“Woodwork” means all wooden or metal interior or exterior fittings or ornamentation, such as moldings, doors, staircases, and window sashes and trim.
(14)
Work Area.
(a)
“Interior work area” means a hallway, room or group of rooms in which abatement takes place on the inside of a residential property, or group day care center.
(b)
“Exterior work area” means an outdoor porch, stairway, or other element of woodwork on the exterior of a residential property, a group day care center, or a building appurtenant to a residential property or group day care center, on which abatement takes place.
Regulation .03 Methods of Abatement.LinkCopy Citation
A.
A person performing abatement of lead-containing substances may not use the following methods:
(1)
Open flame burning;
(2)
Dry sanding, except as allowed in §B(2);
(3)
Open abrasive blasting, except as allowed in §B(2);
(4)
Uncontained hydro-blasting;
(5)
Methylene chloride for interior use except that methylene chloride may be used in interior work areas for localized touch-up; or
(6)
Dry scraping; or
(7)
Heat gun operating at or above 1,100°F.
B.
A person performing abatement of lead-containing substances shall only use the following methods:
(1)
Replacement. Any component part of a building may be abated by replacement with a part free of lead-containing substances.
(2)
Removal.
(a)
Unless replaced encapsulated, or reversed, woodwork and floors may only be abated by using the following techniques:
(i)
Offsite chemical stripping;
(ii)
Heat gun operating below 1,100°F;
(iii)
Non-flammable chemical strippers which do not contain methylene chloride, except that chemical strippers containing methylene chloride may be used for localized touch-up;
(iv)
Sander equipped with HEPA vacuum;
(v)
Vacuum-blasting in exterior work areas only; or
(vi)
Contained hydro-blasting in exterior work areas only.
(b)
Unless replaced or encapsulated, walls or ceilings may only be abated by using the following techniques:
(i)
Wet-scraping of loose material if scraping is followed by encapsulation;
(ii)
Vacuum-blasting in exterior work areas only; or
(iii)
Contained hydro-blasting in exterior work areas only.
(3)
Encapsulation.
(a)
A wall or ceiling surface may be abated by encapsulation using only the following materials:
(i)
Gypsum board;
(ii)
Fiberglass mats;
(iii)
Canvas backed vinyl wall coverings;
(iv)
Formica;
(v)
Tile;
(vi)
Paneling; or
(vii)
Other durable material that does not readily tear, chip, or peel.
(b)
A floor surface may be abated by encapsulation using only the following materials:
(i)
Tile;
(ii)
Vinyl flooring;
(iii)
Wood; or
(iv)
Stone.
(c)
A woodwork surface may be abated by encapsulation using only the following materials:
(i)
Plastic;
(ii)
Metal; or
(iii)
Wood.
(4)
Reversal. A woodwork surface may be abated by reversal of its component parts so long as no lead-containing surface remains exposed at the completion of the process, and all seams are caulked and sealed.
(5)
Windows Generally. Windows, when abated, shall be completely treated, including inside, outside and sides of sashes. Window frames shall be abated to the outside edge of the frame, including slides, sash guides and window wells.
C.
Alternative Procedures.
(1)
The Department may, on a case-by-case basis, allow an alternative procedure for abatement of a lead paint hazard, provided that the owner or contractor who uses this procedure shall submit a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent control and removal.
(2)
In all cases in which the Department allows the use of an alternative procedure under §C(1), the owner and resident shall, for a 1-year period after completion of the lead abatement project, permit the Department to enter the area where the abatement occurred in order to inspect the property for the purpose of determining the effectiveness and durability of the allowed alternative procedure. Before conducting such an inspection the Department shall give written notice to the owner and resident of the property.
Regulation .04 Personal Protection.LinkCopy Citation
A.
A business entity or public unit shall ensure that its employees are protected in accordance with all applicable federal, state, and local standards, in particular those set forth in the Maryland Occupational Safety and Health (MOSH) regulations governing Occupational Exposure to Lead in Construction (COMAR 09.12.32).
B.
All persons not covered by COMAR 09.12.32 and working on a lead abatement project shall, when present in the work site, wear disposable clothing, shoe covers and, if a heat gun or sander equipped with HEPA vacuum is being used for abatement, a half-mask air purifying respirator equipped with high efficiency filters.
Regulation .05 Control of Access.LinkCopy Citation
A.
Except as provided in §D of this regulation, a person or pet may not enter or remain in the work area of a group day care center, residential property, or building appurtenant to a group day care center or residential property, until the Department determines that the lead abatement project has been completed in a satisfactory manner under Regulation .12J, unless that person is:
(1)
The owner of the building or the owner's designee;
(2)
The contractor engaged for the lead abatement project and his employees;
(3)
A State, county, or local enforcement official or his designee;
(4)
An inspector who represents a lender with a security interest in the building which is being abated; or
(5)
A federal, State, or local official, or his designee, engaged in research on lead buildings.
B.
Exemption. If a renovation process is not reasonably expected to break or disturb any lead based substance, then the requirements of §A do not apply.
C.
Except as provided in §D, all persons entering a work area during a lead abatement project which involves the removal of lead paint shall wear:
(1)
Disposable shoe covers which shall be removed when leaving the work area; and
(2)
A half-mask air purifying respirator equipped with high efficiency filters during or after the use of a heat-gun or sander equipped with HEPA vacuum.
D.
Multiple Family Dwellings. At all times when a lead abatement project is being conducted in a common area of a dwelling occupied by three or more households:
(1)
Residents and pets shall use alternative entrances and exits which do not require passage through the work area, if such an entrance and exit exists;
(2)
The contractor shall use all reasonable efforts to create an uncontaminated passage for entrance and egress of all building occupants; and
(3)
If the entrance and egress to a building can only be through the work area, abatement in common areas shall be conducted between the hours of 9 a.m. to 3 p.m. only, and the work area shall be cleaned with a HEPA vacuum at the end of each working day until all surfaces are free of visible dust and debris.
Regulation .06 Removable Objects.LinkCopy Citation
A.
Except in an emergency, at least 7 days, but not more than 30 days before a contractor may commence a lead abatement project, the owner of the building where the lead abatement project is to take place shall notify all residents of:
(1)
The area which is to be abated;
(2)
The date abatement is to commence; and
(3)
The residents' obligation under §B to place all personal items in a box or other closed, easily handled container.
B.
Every resident of an area, which is to be abated, who has received a notice under §A, shall be responsible for placing all personal items in boxes or other closed, easily handled containers, and shall pay the reasonable costs of packing and storage of any loose personal items remaining in the work area at the time designated for commencement of abatement in the notice issued under §A.
C.
Before a contractor may commence a lead abatement project, the owner of the building where the lead abatement project is to take place shall remove all furniture and packed personal items from the work area and store them in a secure place.
Regulation .07 Control of Emissions and Dust.LinkCopy Citation
A.
Caution Signs.
(1)
At each separate work area, the contractor performing an abatement shall display a caution sign in the following manner wherever the treatment process is reasonably expected to break or disturb any lead-containing substances:
(a)
At least 3 days before removing or encapsulating lead paint, the contractor shall post signs immediately outside all entrances and exits to the area except that, in emergency situations, posting shall be done as soon as possible;
(b)
The contractor shall keep the signs posted until the Department issues the written notice of completion and compliance under Regulation .12J; and
(c)
The contractor shall ensure that the sign required by §A(1) meets the following description:
(i)
The sign is at least 20" by 14", and states the date and place of the lead abatement project,
(ii)
Except as provided in §A(1)(c)(iii), the sign includes the phrase “Caution Lead Hazard, Keep Out” in bold lettering at least 2 inches high, and
(iii)
In dwellings occupied by 3 or more households where common areas are to be abated the sign includes the phrase “Caution Lead Hazard, Do Not Remain in Work Area Unless Authorized” in bold lettering at least 2 inches high.
(2)
Multiple Family Dwellings.
(a)
In dwellings occupied by three or more households, where common areas are to be abated, the contractor shall post a notice meeting the description in §A(2)(b) on the door of each apartment in the building at least 3 days before a lead abatement project commences.
(b)
The notice required in §A(2)(a) shall contain:
(i)
The date of commencement of abatement and the area to be abated; and
(ii)
The statement “Please observe caution signs, instruct children not to remain in work area.”
B.
Containment.
(1)
Interior Containment. Before beginning to abate a lead-containing substance in an interior work area, the contractor performing an abatement shall:
(a)
Check to make sure that all movable objects have been removed from the work area as required by Regulation .06;
(b)
If the work area is a room or group of rooms within a building, seal the work area from all other portions of the building with plastic sheeting at least 6 mils thick, waterproof tape, and industrial staples;
(c)
Seal opening seams of all kitchen cabinets and refrigerators individually with tape;
(d)
Cover all non-movable objects, such as radiators, refrigerators, stoves, kitchen cabinets, built in furniture, and bookcases, with plastic sheeting at least 6 mils thick taped securely in place;
(e)
Cover floors in the work area with plastic sheeting at least 6 mils thick sealed with tape and staples;
(f)
Shut down all forced air ventilation in the work area and seal exhaust and intake points in the work area; and
(g)
Remove for professional cleaning, or replace, all carpeting present before abatement.
(2)
Exterior Containment. Before beginning to abate a lead-containing substance in an exterior work area, the contractor performing the abatement shall use the following procedures:
(a)
Liquid Waste Produced by Abatement Technique.
(i)
For all situations, when liquid waste is produced by any abatement technique is used, the contractor shall place plastic sheeting at least 6 mil thick on the ground as close as possible to the building foundation, or on the floor when applicable.
(ii)
When sheeting is placed on the ground, it shall be raised at its edge and extend a sufficient distance to contain the liquid waste. Plastic sheeting may not be required to extend beyond the edge of the nearest sidewalk.
(iii)
When sheeting is placed on an exterior floor, it shall cover the entire exterior floor.
(b)
Non-liquid Waste Produced by Abatement Technique.
(i)
For all situations, when non-liquid waste is produced by any abatement technique used, the contractor shall place plastic sheeting at least 6 mils thick on the ground as close as possible to the foundation, or on the floor when applicable.
(ii)
When sheeting is placed on the ground, it shall extend out from the foundation 3 feet per story being abated, with a minimum of 5 feet and a maximum of 20 feet. Plastic may not be required to extend beyond the edge of the nearest sidewalk.
(iii)
When sheeting is placed on an exterior floor, it shall cover the entire exterior floor.
(iv)
The contractor shall weight the sheeting at the foundations, and along all edges and seams.
(v)
If the constant wind speed is over 15 mph, exterior abatement producing dry waste may not be performed unless vertical shrouds are erected.
(3)
For all sealing and covering the contractor shall use:
(a)
Plastic sheeting, at least 6 mils thick or equivalent;
(b)
Duct tape or equivalent waterproof tape;
(c)
Staples of industrial size; and
(d)
Other additional appropriate work practices to contain particulate lead or lead containing liquids.
(4)
Exception. A surface or object may not be covered or sealed while that surface itself is actively being abated.
(5)
Alternative Procedures. The Department may, on a case-by-case basis, allow an alternative procedure for containment of lead within a work area, provided that the owner or contractor who uses this procedure shall submit a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent containment.
Regulation .08 Cleanup of Work Area.LinkCopy Citation
A.
Interior Cleanup. After completion of the removal, replacement, encapsulation, or reversal involved in an abatement project, the contractor shall:
(1)
Deposit all lead waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing in double plastic bags of at least 4 mils thick, or single bags 6 mils thick, and seal the bags;
(2)
Before washing as required in §A(3), vacuum-clean all surfaces in the work area including woodwork, walls, windows, window wells, and floors with a HEPA vacuum;
(3)
After vacuum-cleaning as required in §A(2), wet wash all surfaces in the work area including woodwork, walls, windows, window wells, ceilings and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water; and
(4)
After washing as required by §A(3), vacuum-clean all surfaces, after they have dried, as described in §A(2), with a HEPA vacuum until no visible residue remains.
B.
Exterior Cleanup. After completion of the replacement, removal, encapsulation, or reversal involved in an exterior abatement project, the contractor shall:
(1)
Recover all visible debris from all exterior areas;
(2)
Vacuum all porches treated;
(3)
Wet wash all surfaces in the work area, including woodwork, windows, window wells, and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water.
C.
Except as provided in §F, after the cleaning outlined in §§A and B, after a satisfactory inspection under Regulation .12B, every contractor shall repaint with a paint containing not more than 0.06 percent lead in the dried solid, or recoat all surfaces treated, except those encapsulated surfaces which have smooth easily cleanable factory-finished surfaces.
D.
Before repainting or recoating under §C, each contractor shall notify the Department that the cleanup required under §§A and B is completed, and shall undergo any inspection required by Regulation .12B.
E.
After painting or coating as required under §C, the contractor shall repeat the cleaning process set forth in §A in all interior work areas.
F.
After completion of the cleaning required under §E, the contractor shall seal all floors in interior work areas with:
(1)
Polyurethane;
(2)
Gloss deck enamel;
(3)
A tight fitting vinyl floor covering; or
(4)
An equivalent impermeable material, if a smooth, cleanable surface is not already present.
G.
In owner-occupied dwellings in which a lead abatement project is being done by the owner and not by a hired contractor, after completion of the replacement, removal, encapsulation, or reversal involved in a lead abatement project, the owner may, instead of following the cleanup procedures set forth in §A:
(1)
Deposit all waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, in double plastic bags at least 4 mils thick, or single plastic bags at least 6 mils thick, and seal the bags;
(2)
Wet wash all surfaces in the work area, including woodwork, walls, windows, window wells, and floors with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water, twice, and
(3)
Wet vacuum-clean all surfaces in the work area, including woodwork, walls, windows, window wells, and floors while surfaces are still wet.
H.
Alternative Procedures. The Department may on a case-by-case basis allow an alternative procedure for cleanup of a lead abatement project, provided that the owner or contractor who uses this procedure shall submit to the Department a written description of the alternative procedure which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent degree of dust removal.
Regulation .09 Waste Disposal.LinkCopy Citation
A.
Each owner or contractor engaged in a lead abatement project shall:
(1)
Remove lead waste from the site of a lead abatement project not later than 48 hours after completing the cleanup; and
(2)
Comply with applicable hazardous waste regulations.
B.
Transport and Disposal. Each owner and contractor engaged in a lead abatement project shall transport and dispose of lead waste in a manner to prevent lead from becoming airborne.
Regulation .10 Records.LinkCopy Citation
A.
Each business entity and public unit shall make a record of the following information for every lead abatement project which it performs:
(1)
Name and address of the contractor responsible for the project;
(2)
The location and description of the project, and location of lead-based substances within the work area which was abated;
(3)
Starting and completion dates of the lead abatement project; and
(4)
Summary of abatement techniques used to comply with Regulations .04—.08 of this chapter.
B.
Each business entity and public unit shall:
(1)
Retain the record required to be made under §A of this regulation for 6 years from the date of the completion of the lead abatement project; and
(2)
Make this record available to the Department upon request.
C.
This regulation does not apply to owner-occupied dwellings in which abatement is being done by the owner.
Regulation .11 Repealed.LinkCopy Citation
Regulation .12 Procedures for Determining Compliance.LinkCopy Citation
A.
The Department may inspect a work area at any time during a lead abatement project to determine compliance with this regulation.
B.
After receipt of notice of completed cleanup required by Regulation .08D the Department shall, within 24 hours, notify the contractor or owner of the time and date on which an initial inspection will take place, if one is to be made. If the contractor or owner is not reachable by telephone, notice shall be sent by first class mail. Any inspection performed under this subsection shall be completed within 2 working days of giving telephone notice to the contractor or owner. Notice by mail will require an additional 5 working days for completion of the inspection.
C.
The inspection performed under §B shall be a visual inspection to determine whether surfaces requiring abatement have been abated.
D.
The inspector shall immediately notify the contractor or owner, if either is present, of the results of the inspection under §B, and shall point out and describe any areas with inadequate treatment. If the contractor or owner is not present during the inspection under §B, the inspector shall notify the contractor and owner of the results of the inspection, and shall include the locations and characteristics of surfaces with inadequate treatment, by letter mailed within 24 hours of the inspection, by first class mail.
E.
Before repainting or recoating under Regulation .08C, the contractor shall receive notice of:
(1)
A satisfactory inspection under §B; or
(2)
The decision not to conduct an inspection under §B.
F.
Upon completion of all requirements of Regulations .08 and .09, a contractor shall notify the Department of readiness for final inspection.
G.
Within 24 hours of receipt of notice under §F, the Department shall notify the contractor or owner of the time and date on which an inspection will take place, if one is to be made. If the contractor or owner is not reachable by telephone, notice shall be sent by first class mail. Any inspection performed under this section shall be completed within 2 working days of giving this notice to the contractor and owner. Notice by mail will require an additional 5 working days for completion of the inspection.
H.
Every inspection performed under §G shall include at least:
(1)
Dust sampling to be followed by analysis in accordance with §I; and
(2)
Visual inspection.
I.
The Department shall submit a dust sample collected under §H of this regulation for extractable lead analysis to a laboratory:
(1)
Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. §2685(b) as accredited under the National Lead Laboratory Accreditation Program; and
(2)
That demonstrates it can achieve a quantitation limit equal to or less than 50 percent of the lowest lead dust level specified in §K(1) of this regulation.
J.
The Department shall notify the owner and the contractor in writing, sent by first class mail, of the results of the final inspection within 24 hours of receiving the results of lead dust analysis conducted under §I. If the results of the lead dust analysis conducted under §I do not meet the standards set out in §K, the contractor shall perform a further cleanup as described in Regulation .08H. If results of the lead dust analysis meet the standards set out in §K, the Departmental notice shall state that the lead abatement project has been completed and complies with the standards set out in §K. A statement of completion and compliance may not preclude the Department from taking any future enforcement action against the same group day care center, residential property, or building appurtenant to a group day care center or residential property.
K.
The Department shall consider a lead abatement project to be in compliance with this chapter if:
(1)
Floor lead dust levels are less than 10 micrograms per square foot;
(2)
Window sill lead dust levels are less than 100 micrograms per square foot;
(3)
Window well lead dust levels are less than 100 micrograms per square foot; and
(4)
All abated surfaces and all floors have been treated to provide smooth and easily cleanable surfaces.
L.
This regulation does not apply to abatement projects conducted in owner-occupied dwellings by the owner, unless the abatement is ordered by the Department, a local government unit, or a court of competent jurisdiction.
Regulation .13 Liability of Department.LinkCopy Citation
The issuance of a statement of completion and compliance under Regulation .12J by the Department to an owner or contractor does not subject the Department to any claims for liability if the issuance of the statement was made in good faith.
Regulation .14 Enforcement.LinkCopy Citation
A person who violates any provision of this chapter shall be subject to all equitable, legal and administrative remedies set forth in Environment Article, §§7-258—7-268 inclusive, Annotated Code of Maryland.