410 IAC 32-4-5 Abatement procedures for abatement activities

Sec. 5. An abatement shall be conducted only by a person licensed by the department to remove lead-based paint. An abatement shall be conducted as follows: (1) A licensed supervisor is required for each abatement project and shall be on-site and responsible for direct supervision of workers during all: (A) work site preparation; (B) abatement activities; and (C) post-abatement cleanup of work areas. Lead-based paint workers shall have access to the supervisor throughout the duration of the project. (2) The licensed supervisor and the licensed contractor employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other federal, state, and local requirements. (3) Notification of the commencement of lead-based paint abatement activities in target housing or a child-occupied facility or as a result of a federal, state, or local order shall be given to the department prior to the commencement of abatement activities as provided in section 6 of this rule. (4) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures: (A) The occupant protection plan shall: (i) be unique to each residential dwelling or child-occupied facility; (ii) be developed prior to the abatement; and (iii) describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards. (B) A licensed supervisor or project designer shall prepare the occupant protection plan. (5) The work practices shall be restricted during an abatement as follows: (A) Open-flame burning or torching of lead-based paint is prohibited. (B) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with HEPA exhaust control that removes particles of three-tenths (0.3) micron or larger from the air at ninety-nine and ninety-seven hundredths percent (99.97%) or greater efficiency. (C) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling not more than two (2) square feet in any one (1) room, hallway, or stairwell or totaling not more than twenty (20) square feet on exterior surfaces. (D) Operating a heat gun on lead-based paint is permitted only at temperatures below one thousand one hundred (1,100) degrees Fahrenheit. (6) If conducted, soil abatement shall be conducted as follows: (A) If soil is removed, the lead-contaminated soil shall be replaced with soil with a lead concentration as low as practicable, but not greater than levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. The soil that is removed shall not be used as top soil at another residential property or child-occupied facility. (B) If soil is not removed, the lead-contaminated soil shall be permanently covered. (7) When sealing the work area off from the nonwork area, six (6) mil sheeting shall be used, and all tears, breaks, cracks, and openings in the containment system shall be repaired as they occur. (8) All persons entering a work area during a lead-abatement project that involves breaking or disturbing lead-painted surfaces shall wear disposable shoe covers that shall be removed upon leaving the work area and placed with lead-abated waste. Any persons entering a work area during lead paint removal activity using a heat gun, scraping, HEPA sanding, or chemical stripping, or during replacement and during the cleanup process shall also wear appropriate respirator protection in accordance with all OSHA requirements found at 29 CFR 1926.62**. In every abatement activity that results in the disturbance of lead-based paint, polyethylene plastic sheeting shall always be placed directly below the work area. (9) A supervisor shall post warning signs at all entrances and exits to work area. The warning signs posted shall read "Warning Lead Work Area Poison No Smoking or Eating". (10) Access of nonworkers to abatement work areas shall be limited. The abatement work crew supervisor is responsible for enforcing this limited access. Only the persons informed by the supervisor of potential lead hazards and who have a direct relationship to the project may enter the work area. (11) Any surfaces that have been stripped with caustic chemicals or that have come into contact with caustic or solvent-based liquid waste shall be cleaned by wet washing until there is no visible residue. (12) Work areas shall be restricted by barrier tape. (13) A thorough cleanup of the entire area under active abatement shall occur daily during the entire interior and exterior abatement process. This daily cleanup shall consist of the following: (A) Lead-abated waste shall be stored in an area inside the property line designated and posted as a lead waste storage area and covered with six (6) mil polyethylene sheeting. (B) Lead-abated waste shall be stored in locked containers, rooms, trucks, or trailers. (C) Small debris shall be swept up using a HEPA vacuum and bagged in a six (6) mil polyethylene or double four (4) mil bags and stored in a designated secure area. (D) Consumable and disposable supplies, including mop heads, plastic sheeting, sponges, and rags, shall be treated as lead-abated waste. *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. **This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying from the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.