Work Practice Standards for a Lead Risk Assessment

PURPOSE: This rule delineates the standards to be followed by licensed risk assessors to conduct risk assessments in target housing and child-occupied facilities in accordance with standards set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 3070.600 through 19 CSR 30-70.630. (1) Licensure. All persons conducting risk assessments shall be licensed by the Office of Lead Licensing and Accreditation (OLLA) as set forth in sections 701.300 through 701.338, RSMo, and 19 CSR 30-70.110 through 19 CSR 30-70.200. Licensed risk assessors must present, upon request, proof of licensure in the form of the photo identification badges issued by OLLA. (2) Conflict of Interest. OLLA recommends that licensed risk assessors conducting risk assessments for dwellings or child-occupied facilities should avoid potential conflicts of interest by not being contracted, subcontracted, or employed by a lead abatement contractor performing abatement activities on the same lead abatement project. (3) Documented Methodologies for Conducting Risk Assessments. (A) Licensed risk assessors shall use the following documented methodologies as referenced in this regulation for conducting risk assessments: 1. The U.S. Department of Housing and Urban Development (HUD) publication entitled, “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” (HUD Guidelines); and 2. The U.S. Environmental Protection Agency (EPA) publications entitled, “EPA Lead-Based Paint Risk Assessment Model Curriculum” (EPA Model Training); “Guidance on Residential Lead-Based Paint, LeadContaminated Dust and Lead-Contaminated Soil”; and “Residential Sampling for Lead: Protocols for Dust and Soil Sampling.” (B) Where a conflict exists between any of the aforementioned methodologies and any federal or state statute or regulation, or any city or county ordinance, the most stringent of these shall be adhered to by the licensed risk assessor. (4) Collection and Laboratory Analysis of Samples. Any paint chip, dust, or soil samples collected pursuant to these work practice standards shall be— (A) Collected by persons licensed by OLLA as a lead inspector or risk assessor; and (B) Analyzed by a laboratory recognized by EPA pursuant to section 405(b) of Toxic Substances Control Act (TSCA) as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (5) Sample Forms and Questionnaires. Sample forms and questionnaires may be found within the documented methodologies referenced in section (3) of this regulation. These samples may be used as a guide by Missouri licensed risk assessors. (6) Lead Risk Assessment. (A) A visual inspection for risk assessment of the dwelling or child-occupied facility shall be conducted to locate the existence of deteriorated lead-bearing substances, assess the extent and causes of the deterioration, and other potential lead hazards. (B) Background information regarding the physical characteristics of the dwelling or child-occupied facility and occupant use patterns that may cause lead-bearing substance exposure to one (1) or more children age six (6) years and under shall be collected. (C) Each surface with deteriorated leadbearing surface coatings, which is determined using documented methodologies referenced in section (3) of this regulation, and a distinct painting history, shall be tested for the presence of lead. Each other surface determined, using documented methodologies, to be a potential lead hazard and having a distinct painting history, shall also be tested for the presence of lead. (D) In dwellings, dust samples (either composite or single-surface samples) from the window troughs, sills, and floors near friction or impact spots or in areas with deteriorated surface coatings shall be collected in all living areas where one (1) or more children age six (6) and under is most likely to come into contact with dust (i.e., children’s playroom, kitchen, bedrooms, and bathrooms). (E) For multi-family dwellings and childoccupied facilities, the samples required in subsection (6)(D) shall be taken. In addition, window and floor samples shall be collected in the following locations: 1. Common areas adjacent to the sampled residential dwelling or child-occupied facility; and 2. Other common areas in the building where the risk assessor determines that one (1) or more children age six (6) and under is likely to come into contact with dust. (F) For child-occupied facilities, window and floor dust samples (either composite or single-surface samples) shall be collected in each room, hallway, or stairwell utilized by one (1) or more children age six (6) and under and in other common areas in the child-occupied facility where the risk assessor determines that one (1) or more children age six (6) and under is likely to come into contact with dust. (G) Soil samples shall be collected and analyzed for lead concentrations in exterior play areas where bare soil is present and at dripline/foundation areas where bare soil is present. (H) Any paint, dust, or soil sampling or testing shall be conducted using the documented methodologies referenced in section (3) of this regulation. (I) The risk assessor shall prepare a risk assessment report as described in section (11) of this regulation. (7) Lead Hazard Screen Risk Assessments. (A) Background information regarding the physical characteristics of the dwelling or child-occupied facility and occupant use patterns that may cause lead-bearing substance exposure to one (1) or more children age six (6) years and under shall be collected. (B) A visual inspection of the dwelling or child-occupied facility shall be conducted to— 1. Determine if any deteriorated leadbearing substance is present; and 2. Locate at least two (2) dust sampling locations. (C) If deteriorated paint is present, each surface with deteriorated paint and a distinct painting history shall be tested for the presence of lead. (D) In dwellings, two (2) composite dust samples shall be collected, one from the floors and the other from the windows in rooms, hallways, or stairwells where one (1) or more children age six (6) and under is most likely to come in contact with dust. (E) In multi-family dwellings and childoccupied facilities, in addition to the floor and window samples required in (7)(D), the risk assessor shall also collect composite dust samples from common areas where one (1) or more children age six (6) and under is most likely to come into contact with dust. (F) Dust, paint, and soil sampling shall be conducted using the documented methodologies referenced in section (3) of this regulation. (G) The risk assessor shall prepare a risk assessment report as required in section (11) of this regulation. (8) Elevated Blood Lead Level (EBL) Investigation Risk Assessments. (A) The risk assessor shall have the parents or guardians of the EBL child fill out a questionnaire (see HUD guidelines Table 16.2) prior to sampling. Environmental testing should be linked to the child’s history and may include a prior residence or other areas frequented by the child. (B) Background information regarding the physical characteristics of the dwelling or child-occupied facility and occupant use patterns that may cause lead-bearing substance exposure to one (1) or more children age six (6) years and under shall be collected. (C) Each surface on the dwelling itself, furniture, or play structures frequented by the child that has deteriorated surface coatings shall be tested for the presence of lead. (D) Each chewable, impact, and friction surface shall be tested for the presence of lead-bearing substances. (E) Dust samples from areas frequented by the child, including play areas, porches, kitchens, bedrooms, and living and dining rooms shall be collected. Dust samples shall also be collected from automobiles, work shoes, and laundry rooms if occupational lead exposure is a possibility. (F) Soil samples shall be collected from bare soil areas of play areas, areas near the foundation of the house, and areas from the yard. If the child spends significant time at a park or other public play area, samples should be collected from these areas, unless the area has already been sampled and documented. (G) If necessary, water samples of the firstdrawn water from the tap most commonly used for drinking water, infant formula, or food preparation shall be collected. (H) All paint, dust, or soil collection and testing shall be conducted using the documented methodologies referenced in section (3) of this regulation. (I) The risk assessor shall prepare a risk assessment report as required in section (11) of this regulation. (9) Composite Dust Sampling. Composite dust sampling may only be conducted in the situations specified in sections (6) and (7) of this regulation. If such sampling is conducted, the following conditions shall apply: (A) Composite dust samples shall consist of at least two (2) samples; (B) Every component that is being tested shall be included in the sampling; and (C) Composite dust samples shall not consist of subsamples from more than one (1) type of component. (10) Sampling Results. Analytical sampling results which are received as a result of having conducted a risk assessment, an EBL investigation risk assessment, or lead hazard screen risk assessment shall be interpreted in accordance with the following for the matrices indicated: (A) Paint. A paint chip sample which has a lead concentration that exceeds the values indicated below is considered to be a leadbearing substance. (B) Dust. A dust sample which has a lead concentration that exceeds the values indicated below is considered to be a lead-bearing substance. (C) Soil. A soil sample which has a lead concentration that exceeds the values indicated below is considered to be a lead-bearing substance. (D) Water. A water sample which has a lead concentration that exceeds the value indicated below is considered to be a leadbearing substance. (11) Reporting and Documentation. The licensed risk assessor shall prepare a risk assessment report which shall include the following information: (A) Date of risk assessment; (B) Address of each dwelling or childoccupied facility; (C) Date dwelling or child-occupied facility was constructed; (D) Apartment number, if applicable; (E) Name, address, and telephone number of each owner of each dwelling or child-occupied facility; (F) Name, signature, and license number of the licensed risk assessor conducting the Laboratory—1.0 mg/cm2 or 0.5% by weight (or 5,000 parts per million (PPM)) XRF—1.0 milligrams per square centimeter (mg/cm2) Interior Floors—10 micrograms per square foot (μg/ft2) Porch Floors—40 micrograms per square foot (μg/ft2) Interior Window Sills—100 micrograms per square foot (μg/ft2) Bare soil areas when children have access to the site, 400 PPM Bare soil areas when children do not have access to the site, 2,000 PPM 15 parts per billion (PPB) or 15 μg/L Window Troughs—100 micrograms per square foot (μg/ft2) assessment; (G) Name, address, and telephone number of the firm employing each licensed risk assessor, if applicable; (H) Name, address, and telephone number of each recognized laboratory conducting 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) All data collected from on-site testing, including quality control data; (M) X-ray fluorescence (XRF) results, including the following (if applicable): 1. XRF manufacturer and model; 2. Serial number of XRF device used during the inspection; 3. Calibration verification from the beginning and end of each residential unit; 4. A copy of the XRF device user’s certificate of training provided by the equipment manufacturer; 5. License or registration number of the XRF instrument; 6. A summary that categorizes the XRF results into one (1) of three (3) categories: positive, negative, or inconclusive; and 7. Recommendations for addressing inconclusive XRF results; (N) All results of laboratory analysis on collected paint, soil, and dust samples and the name of each accredited laboratory that conducted the analysis; (O) Any other sampling results; (P) Any background information collected pursuant to subsections (6)(B), (7)(A), and (8)(B) of this regulation; (Q) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-bearing substance hazards; (R) A description of the location, type, and severity of identified lead-bearing substance hazard and any other potential lead hazards; and (S) A description of interim controls and/or abatement options for each identified lead hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure. (12) Time Frame for Submission of Reports. The risk assessment report shall be provided to the owner of the property within twenty (20) business days of risk assessment completion. (13) Report Records Retention. All risk assessment reports shall be kept and maintained by the risk assessor who prepared the report for no fewer than three (3) years. The licensed risk assessor shall make copies of risk assessment reports available to OLLA upon request. AUTHORITY: section 701.301, RSMo 2016, and section 701.312, RSMo Supp. 2019.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. Amended: Filed Nov. 30, 2011, effective June 30, 2012. Emergency amendment filed March 27, 2020, effective April 10, 2020, expired Oct. 6, 2020. Amended: Filed March 27, 2020, effective Sept. 30, 2020. *Original authority: 701.301, RSMo 1998 and 701.312, RSMo 1993, amended 1998, 2005, 2018.