Chapter 05. Procedures for Performing Lead Paint Abatement Services
Regulation .01 Scope and Applicability.LinkCopy Citation
A.
This chapter governs the performance of lead paint abatement services in Maryland.
B.
A person performing a lead inspection, lead risk assessment, or clearance inspection shall:
(1)
Be accredited by the Department; and
(2)
Comply with the applicable procedures in this chapter.
C.
A lead paint risk assessor shall perform an inspection for a poisoned-child investigation in accordance with the environmental investigation protocols specified in COMAR 26.16.08.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Lead-based paint inspection” means a surface-by-surface evaluation of painted surfaces to determine if the concentration of lead exceeds State standards.
(2)
“Quantitation limit” has the meaning stated in COMAR 26.02.07.02B.
(3)
“Risk assessment” means an inspection to determine the presence of lead hazards.
Regulation .03 Incorporation by Reference.LinkCopy Citation
In this chapter, the following documents are incorporated by reference:
A.
40 CFR §745.227, as amended;
B.
Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead Determination (ASTM Standard E1728/E1728M-20, 2020 Edition); and
C.
Standard Specification for Wipe Sampling Materials for Lead in Surface Dust (ASTM Standard E1792-03, Reapproved 2016).
Regulation .04 Notice to the Department.LinkCopy Citation
A person shall provide the Department advance notice before performing an inspection under this chapter. Notice shall be in writing and shall be provided by hand delivery, facsimile, or mail and shall be received by the Department at least 24 hours before the commencement of the inspection.
Regulation .05 MDE 330 Certificate.LinkCopy Citation
A.
Inspections performed under this chapter to satisfy the Maryland Reduction of Lead Risk in Housing Act requirements shall be documented on MDE 330 certificates and supporting forms according to procedures established by the Department. MDE 330 forms may not be used for any other purpose.
B.
All results of passing inspections shall be submitted to the Department within 10 days of performing a visual inspection, or within 10 days of obtaining laboratory analysis of dust samples.
C.
All results of failing inspections shall be submitted to the Department within 30 days of performing a visual inspection, or within 30 days of obtaining laboratory analysis of dust samples.
Regulation .06 Lead-Based Paint Inspections.LinkCopy Citation
A.
Lead-based paint inspections for single-family housing or multiple-unit housing shall be performed in accordance with COMAR 26.16.02.05.
B.
XRF Sampling.
(1)
XRF calibration checks shall be performed in accordance with the manufacturer's specifications and most recent performance characteristics sheet (PCS).
(2)
XRF analyzers shall be checked according to the manufacturer's specifications.
(3)
Calibration check readings shall be:
(a)
Recorded on the calibration check test results form prescribed by the Department; or
(b)
Stored in the instrument's memory and printed out or transferred to a computer.
(4)
The MDE 330 Form E shall be used to record a summary of the inspection.
C.
Paint Chip Sampling.
(1)
Paint chip sampling for the purpose of issuing a lead-free inspection certificate may not be performed in occupied units except when verifying XRF inconclusive samples according to the PCS.
(2)
Paint chip samples collected in occupied units to verify XRF inconclusive samples shall be collected from the location the XRF reading was obtained.
(3)
Areas where paint chip samples were collected shall be repainted with nonlead-based paint or the equivalent.
(4)
The inspection company shall notify the property owner and tenants of units where lead-free paint chip sampling is performed of the results not later than 10 days following the results being received by the inspection company.
(5)
Paint chip sampling shall be performed using the following tools:
(a)
Sharp stainless steel paint scraper or equivalent;
(b)
A wipe which is a disposable towelette moistened with a wetting agent that meets specifications of the American Society for Testing Materials International (ASTM) Specification E 1792, for cleaning paint scraper or equivalent;
(c)
Nonsterilized polyethylene centrifuge tube or other sealable rigid container;
(d)
Nonsterilized nonpowdered latex or similar gloves; and
(e)
Field sampling and laboratory submittal forms.
(6)
Paint chip samples shall be collected in accordance with the following requirements:
(a)
The paint chip sample area shall be in accordance with the (ASTM) standard E 1792;
(b)
Persons collecting paint chip samples shall wear new disposable gloves for each sample;
(c)
The surface directly below the area to be sampled shall be covered with 4-millimeter-thick plastic sheeting or equivalent to ensure that any paint dust or debris generated during the sample collection is collected for disposal;
(d)
Paint chip sampling shall be performed by moving the paint scraper over a painted surface using enough pressure to remove all paint layers down to the substrate;
(e)
The paint chip sample material shall be collected in a screw top centrifuge tube or other sealable rigid container;
(f)
The 4-millimeter-thick plastic sheeting shall be removed from below the sample area;
(g)
Following the collection of the sample, the sample location and surface directly below the sample location shall be cleaned using wet wipes, or equivalent;
(h)
The sample location and number shall be recorded on the sample collection container and field sampling paperwork;
(i)
Chain of custody form shall be completed and provided to the courier;
(j)
All paint chip samples shall be analyzed by a laboratory approved by the National Lead Laboratory Accreditation Program (NLLAP); and
(k)
Lead-based paint inspection results shall be reported on forms prescribed by the Department.
D.
Lead-free paint inspection for multi-unit buildings may be certified lead-free by XRF or paint chip sampling performed in accordance with COMAR 26.16.02.05D.
Regulation .07 Lead-Safe Housing Inspections.LinkCopy Citation
A lead-safe housing inspection shall be performed in accordance with COMAR 26.16.02.04.
Regulation .08 Visual Inspections Performed to Verify Compliance with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland.LinkCopy Citation
A.
A visual inspection performed under COMAR 26.16.02.03 shall be conducted by a State-accredited visual inspector or risk assessor.
B.
Modified risk reduction certificates of compliance issued under Environment Article, §6-819, Annotated Code of Maryland, the MDE 330 form, based on a visual inspection performed under this regulation shall be accompanied by a supervisor's statement of work, signed by the accredited supervisor responsible for the lead abatement work and a report prepared by an accredited inspector as required in COMAR 26.16.02.
C.
Modified risk reduction inspections based on a visual inspection shall verify the following:
(1)
Interior and exterior painted surfaces are free of chipping, peeling, or flaking paint;
(2)
The dwelling unit is free of structural defects that could cause the paint to chip, peel, or flake;
(3)
All interior windowsills where lead based paint or untested paint exists have been repainted, replaced or encapsulated with vinyl, metal, or other material, in a manner and under conditions approved by the Department;
(4)
All window wells where lead based paint or untested paint exists are smooth and cleanable and have been capped with vinyl, aluminum, or other materials in a manner and under conditions approved by the Department;
(5)
Subject to federal, State or local fire code standards, all nonreplacement and untreated windows have the top sash fixed to eliminate the friction caused by movement of the top sash;
(6)
All doors have been rehung as necessary to prevent friction of lead painted surfaces;
(7)
All kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and
(8)
The unit is free of all visible dust, debris, or residue.
(9)
Notification of the Department.
(a)
Within 2 business days following completion of lead hazard reduction treatments in a rental unit, the visual inspector or risk assessor shall notify the Department by telephone or facsimile that the work has been completed.
(b)
The visual inspector or lead paint risk assessor may send a copy of the report of a visual inspection specified in COMAR 26.16.02.03C, with a postmark or other evidence of transmittal dated not more than 2 working days following the inspection, to the Department instead of notification by telephone or facsimile.
(c)
Upon notification of completed work, the Department or the Department's designee may:
(i)
Conduct an audit, under provisions of Environment Article, §§6-851 and 6-852, Annotated Code of Maryland, of the completed work;
(ii)
Record observations and collect dust samples for laboratory analysis to evaluate the effectiveness of the risk reduction treatments in accordance with Environment Article, §6-810, Annotated Code of Maryland, and to determine if lead dust levels present a threat of acute danger to public health or to the environment.
Regulation .09 Dust Wipe Inspections Performed to Establish Compliance with Environment Article, §§6-815 and 6-819, Annotated Code of Maryland.LinkCopy Citation
A.
An inspection for lead-contaminated dust shall be conducted in accordance with COMAR 26.16.02.03 by a State-accredited visual inspector or risk assessor.
B.
Risk reduction certificates based on dust sampling shall include a visual review of all interior and exterior painted surfaces of the rental dwelling unit to verify there is no chipping, peeling, or flaking paint.
C.
Lead dust samples shall be collected using the following tools:
(1)
A template or method of marking a measured area on floors, window sills, and window wells;
(2)
Wipes meeting the requirements of Regulation .06C(5)(b) of this chapter;
(3)
Nonsterilized nonpowdered latex or similar disposable gloves;
(4)
Nonsterilized 50 milliliter polyethylene centrifuge tubes with caps;
(5)
Dust sample collection forms;
(6)
Masking tape; and
(7)
Trash bags.
D.
All lead dust wipe inspections shall include field blank samples collected in accordance with ASTM Standard E1728 at a minimum frequency of:
(1)
5 percent per day or one blank sample for every 20 samples collected; and
(2)
In no case fewer than one blank sample for each day of inspections.
E.
Dust wipe samples shall be collected in accordance with ASTM Standard E 1728 or equivalent.
F.
If using a pre-measured template, thoroughly clean the template with a wipe as specified in Regulation .06C(5)(b) of this chapter between each use.
G.
Laboratory Analytical Procedure.
(1)
Samples shall be submitted to an NLLAP approved laboratory for analysis.
(2)
The field sample number shall be entered on the field sampling form, laboratory submittal form, and the container.
(3)
The name of the laboratory, date the samples were sent to the laboratory, and names of all personnel handling the sample from the time of collection to the time of arrival at the laboratory shall be recorded on a chain of custody form.
Regulation .10 Clearance Inspections for Abatement Projects.LinkCopy Citation
A.
Following a lead abatement project, performed in accordance with COMAR 26.02.07, a lead paint visual inspector, inspector technician, or risk assessor accredited by the Department shall perform a clearance inspection for lead-contaminated dust to determine if the lead content in dust is less than the levels stated in COMAR 26.16.02.02B.
B.
A Department-accredited lead paint visual inspector, inspector technician, or risk assessor shall collect dust samples from each interior room where lead abatement was performed, using all of the dust sample collection procedures specified in Regulation .09 of this chapter.
C.
Samples shall be taken from the following:
(1)
At least one sample from the floor;
(2)
At least one sample from a window sill; and
(3)
At least one sample from a window well.
D.
Rooms containing no window in the abatement area require the collection of only one floor sample.
Regulation .11 Lead Risk Assessments.LinkCopy Citation
Lead risk assessments shall be performed in accordance with 40 CFR §745.227. Lead risk assessments under this chapter may not be conducted to issue a certificate to satisfy the Maryland Reduction of Lead Risk in Housing Act.
Regulation .12 Collection and Laboratory Analysis of Samples.LinkCopy Citation
A.
Determination of lead content in paint shall be in accordance with COMAR 26.16.01.03B.
B.
A person that collects a paint chip, dust, or soil sample in accordance with the procedures contained in this chapter shall be accredited by the Department as a lead paint inspector technician, visual inspector, or risk assessor and employed by a Department-accredited contractor.
C.
A lead paint inspector technician, visual inspector, or risk assessor shall submit a collected sample for 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:
(a)
20 percent of the lowest level of lead content in paint that constitutes a lead-containing substance, as stated in COMAR 26.16.01.02B;
(b)
20 percent of the lowest action level or regulatory limit for lead content in soil established under 40 CFR §745.65(c) or a more stringent standard published by the Department; or
(c)
50 percent of the lowest level of lead content in dust that constitutes lead-contaminated dust, as stated in COMAR 26.16.02.02B.
Regulation .13 Record Keeping.LinkCopy Citation
A.
A person who performs lead inspection services shall maintain all reports, plans, and forms required under this chapter for at least 5 years.
B.
The Department reserves the right to conduct oversight inspections of all lead inspections performed under this chapter.
Chapter annotations
Authority: Environment Article, §§1-404, 6-801—6-852, 6-1001—6-1005, and 7-206—7-208, Annotated Code of Maryland
History: Effective date: May 19, 2008 (35:10 Md. R. 974)
History: Regulation .01 amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .02B amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .03 amended effective June 18, 2018 (45:12 Md. R. 620); July 1, 2020 (476:13 Md. R. 643)
History: Regulation .07 amended effective February 23, 2009 (36:4 Md. R. 356)
History: Regulation .08 amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536)
History: Regulation .09D amended effective June 18, 2018 (45:12 Md. R. 620)
History: Regulation .10A, B amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .12B, C amended effective July 1, 2020 (476:13 Md. R. 643)