19 CSR 30-70.630
Lead Abatement Work Practice Standards
PURPOSE: This rule delineates the criteria
for conducting lead abatement projects in target housing and child-occupied facilities in
accordance with standards set forth in sections 701.300 through 701.338, RSMo, and
19 CSR 30-70.600 through 19 CSR 3070.630.
(1) Licensure. All persons conducting lead
abatement shall be licensed as set forth in
sections 701.300 through 701.338, RSMo,
and 19 CSR 30-70.110 through 19 CSR 3070.200. Licensed lead abatement professionals must present, upon request, proof of
licensure in the form of the photo identification badge issued by the Office of Lead
Licensing and Accreditation (OLLA).
(2) Conflict of Interest. OLLA recommends
that any person or firm conducting a lead
abatement project should avoid potential conflicts of interest by not providing clearance
sampling services, inspection, or risk assessment services for that same abatement project.
(3) Documented Methodologies for Conducting Lead Abatement Projects.
(A) All licensed lead abatement workers
and supervisors may use the following documented methodologies, but shall, at a minimum, follow the work practice standards presented in this regulation for conducting lead
abatement projects:
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 publications entitled “Guidance on
Residential Lead-Based Paint, Lead-Contaminated 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 informational resources
and any federal or state statute or regulation,
or any city or county ordinance, the most
stringent of these shall be adhered to by
licensed lead abatement workers and supervisors.
(4) Notification. Any person or lead abatement contractor conducting a lead abatement
project in target housing or in any child-occupied facility shall submit a notification to the
department at least ten (10) business days
prior to the onset of the lead abatement project.
(A) The notification shall be mailed with a
check or money order made payable to the
Missouri Department of Health for the nonrefundable fee of twenty-five dollars ($25) to
the Missouri Department of Health, Attention: Fee Receipts, PO Box 570, Jefferson
City, MO 65102-0570.
(B) The notification form provided by the
department shall include the following:
1. The street address, city, state, zip
code, and county of each location where lead
abatement will occur;
2. The name, address, and telephone
number of the property owner;
3. An indication of the type of structure
being abated (i.e., single-family or multifamily dwelling and/or child-occupied facility);
4. The date of the onset of the abatement
project;
5. The estimated completion date of the
abatement project;
6. The work days and hours of operation
that the abatement project will be conducted;
7. The name, address, telephone number, and license number of the lead abatement
contractor;
8. The name and license number of each
lead abatement supervisor;
9. The name and license number of each
lead abatement worker;
10.
The
type(s)
of
abatement
strategy(ies) that will be utilized (i.e., encapsulation, replacement, and/or removal); and
11. The signature of each lead abatement
supervisor which certifies that all information
provided in the project notification is complete and true to the best of the supervisor’s
knowledge.
(5) Emergency Notification. If the lead abatement contractor is unable to comply with the
ten- (10-) day notification period in the event
of an emergency situation as defined in 19
CSR 30-70.600, the lead abatement contractor shall—
(A) Notify OLLA by telephone, facsimile,
or electronic mail within twenty-four (24)
hours of the onset of the lead abatement project; and
(B) Submit the written notification and
notification fee as prescribed in section (4) of
this regulation no more than five (5) business
days after the onset of the lead abatement project.
(6) Renotification. A renotification shall be
submitted to OLLA at least twenty-four (24)
hours prior to any changes from the original
project notification.
(A) A renotification form shall be mailed
to the Missouri Department of Health, Office
of Lead Licensing and Accreditation, PO Box
570, Jefferson City, MO 65102-0570.
(B) The renotification form provided by the
department shall include the following:
1. The street address, city, state, zip
code, and county of each location where
abatement will occur;
2. The name, address, and telephone
number of the property owner;
3. An indication of the type of structure
being abated (i.e., single-family or multifamily dwelling and/or child-occupied facility);
4. The name, address, telephone number, and license number of the lead abatement
contractor;
5. A list of changes to the original notification which may include the following:
A. The date of the onset of the abatement project;
B. The estimated completion date of
the abatement project;
C. The work days and hours of operation that the abatement project will be conducted;
D. The name, address, telephone
number, and license number of the lead
abatement contractor;
E. The name and license number of
each lead abatement supervisor;
F. The name and license number of
each lead abatement worker; and
G. The type(s) of abatement strategy(ies) that will be utilized (i.e., encapsulation, replacement, and/or removal); and
6. The signature of the lead abatement
supervisor which certifies that all information
provided in the project renotification is complete and true to the best of the supervisor’s
knowledge.
(7) Occupant Protection Plan.
(A) General Scope. Occupants of dwelling
units undergoing lead abatement activities
shall be protected from exposure to lead hazards while lead abatement work is being performed. If occupants remain in the dwelling
during a lead abatement project, the lead
abatement supervisor shall ensure that occupants have safe, uncontaminated access to
nonregulated areas. To ensure occupant safety, a written occupant protection plan shall be
developed for all abatement projects. The
occupant protection plan shall describe the
measures and management procedures that
will be taken during the abatement to protect
the building occupants from exposure to any
lead hazards. The purpose of occupant protection planning is to—
1. Evaluate the necessity of removing
occupants from the residence during lead
abatement activities;
2. Prevent uncontrolled release of dust
and debris beyond the abatement work area;
3. Prevent entry of unlicensed individuals into the regulated area; and
4. Ensure that clearance levels have been
met prior to reoccupancy by building residents.
(B) The occupant protection plan shall
meet the following requirements:
1. Be unique to each lead abatement
project;
2. Be developed and implemented prior
to commencement of the lead abatement project;
3. Describe the work practices and
strategies that will be taken during the lead
abatement project to protect the building
occupants from exposure to any lead hazards;
4. Be written by the licensed lead abatement supervisor responsible for the project;
5. Include the results of any lead inspections or risk assessments completed prior to
the commencement of the lead abatement
project;
6. The occupant protection plan shall be
provided to an adult occupant of each
dwelling or dwelling unit being abated, and
the property owner, or property owner’s designated representative, prior to the commencement of the lead abatement project;
and
7. The occupant protection plan shall be
submitted to OLLA with the lead abatement
project notification.
(8) Post-Abatement Project Report. A postabatement project report shall be prepared by
a licensed lead abatement supervisor or
licensed project designer and shall be provided to the property owner within twenty (20)
business days of the abatement project completion. The licensed supervisor or project
designer shall make copies of the report available to OLLA upon request. The report shall
include the following information:
(A) The project location and address;
(B) The actual start and completion dates
of the abatement project;
(C) The name, address, telephone number,
and license number of the contractor conducting the lead abatement project;
(D) The name and license number of each
lead abatement supervisor and/or project
designer;
(E) The name and license number of each
lead abatement worker;
(F) The name and license number of each
lead inspector or risk assessor responsible for
clearance testing;
(G) The date and the results of clearance
testing, and the name of each National
Lead Laboratory Accreditation Program
(NLLAP)-accredited laboratory that conducted the analyses; and
(H) A detailed written description of the
lead abatement project, including abatement
methods used, locations of rooms and/or
components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested
monitoring of encapsulant or enclosure.
(9) Lead Abatement Project Requirements.
(A) General.
1. A licensed lead abatement supervisor
is required for each abatement project and
shall be on-site during all work site preparation and during the post-abatement cleanup of
work areas. At all other times when abatement activities are being conducted, the
licensed supervisor shall be on-site or available by telephone, pager, or answering
machine and able to be present at the work
site in no more than two (2) hours.
2. The lead abatement supervisor, as
well as the lead abatement contractor
employing that lead abatement supervisor,
shall ensure that all abatement project activities are conducted according to the requirements of these work practice standards for
conducting lead-bearing substance activities
(19 CSR 30-70.600 through 19 CSR 3070.630) and all federal, state, and local laws,
regulations, or ordinances pertaining to leadbearing substance activities.
3. The lead abatement supervisor shall
have on-site a list of all licensed lead abatement workers, which shall include their
names and license numbers, working on the
current project.
4. All abatement project activities shall
be performed by persons currently licensed
by OLLA as lead abatement workers and/or
lead abatement supervisors. These people
shall present, upon request, proof of licensure in the form of the photo identification
badge issued by OLLA.
5. A written occupant protection plan
shall be developed prior to all abatement projects according to section (7) of this regulation.
6. Access to the regulated area shall be
limited to OLLA-licensed lead professionals
or department-authorized persons.
7. All waste generated from a lead-based
paint abatement project shall be disposed of
in accordance with the requirements of
Environmental Protection Agency (EPA),
Missouri Department of Natural Resources,
and any other applicable federal, state, and
local laws.
(B) Prohibited Lead Abatement Project
Strategies. The following lead abatement project strategies are prohibited:
1. Open-flame burning or torching of
lead-bearing substances;
2. Machine sanding or grinding or abrasive blasting or sandblasting of lead-bearing
substances without containment and high
efficiency particulate air (HEPA)-vacuum
exhaust control;
3. Hydroblasting or pressurized water
washing of lead-bearing substances without
containment and water collection and filtering;
4. Heat guns operating above one thousand one hundred degrees Fahrenheit (1,100
°F);
5. Methylene chloride based chemical
strippers;
6. Solvents that have flashpoints below
one hundred forty degrees Fahrenheit (140
°F);
7. Dry scraping strategies unless in conjunction with heat guns or around electrical
outlets or when treating defective paint spots
totaling no more than two (2) square feet in
any one room, hallway, or stairwell or totaling no more than twenty (20) square feet on
exterior surfaces;
8. Enclosure strategies where the barrier is not warranted by the manufacturer to
last at least twenty (20) years under normal
conditions, or where the primary barrier is
not a solid barrier; and
9. Encapsulation strategies where the
encapsulant is not warranted by the manufacturer to last at least twenty (20) years under
normal conditions, or where the encapsulant
has been improperly applied.
(C) Permissible Lead Abatement Project
Strategies. Strategies that are permissible for
lead abatement projects are as follows:
replacement, enclosure, encapsulation, or
removal. Any abatement strategy not specified herein shall be submitted to the Missouri
Department of Health, Office of Lead
Licensing and Accreditation, PO Box 570,
Jefferson City, MO 65102-0570 for evaluation and approval prior to use.
1. Replacement.
A. Non-window component replacement. When conducting non-window component replacement, these minimum requirements shall be met—
(I) The site shall be prepared by
first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to
prevent unlicensed and/or unauthorized personnel from approaching closer than twenty
feet (20') to the replacement operation;
(II) Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
(2") inches tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
(III) Any heating and cooling systems within the regulated area shall be shut
down and the vents sealed with six- (6-) mil
poly to prevent lead dust accumulation within the system;
(IV) All items shall be cleaned
within the regulated area by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the
area, or covered with six- (6-) mil poly and
sealed with duct tape;
(V) At least one layer of six- (6-)
mil, or thicker, poly shall be placed on the
floor at the base of the component and extend
at least ten feet (10') beyond the perimeter of
the component to be replaced;
(VI) The component, and the area
immediately adjacent to the component, shall
be thoroughly wetted using a garden sprayer,
airless mister, or other appropriate means to
reduce airborne dust;
(VII) After removal of the component, the surface behind the removed component shall be thoroughly wetted to reduce airborne dust;
(VIII) The component shall be
wrapped or bagged completely in six- (6-)
mil poly and sealed with duct tape to prevent
loss of debris or dust; and
(IX) Prior to installing a new component, the area of replacement shall be
cleaned by HEPA vacuuming. After replacement is complete, the regulated area shall be
cleaned by vacuuming with a HEPA vacuum,
wiping down all surfaces with a cleaning
solution, rinsing all surfaces, and then HEPA
vacuuming the area again.
B. Window replacement. When conducting window replacement, these minimum
requirements shall be met—
(I) The site shall be prepared by
first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to
prevent unlicensed and/or unauthorized personnel from approaching closer than twenty
feet (20') to the replacement operation;
(II) Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
(2") inches tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
(III) If replacing window from the
inside—
(a) Critical barrier containment
shall be established covering the window on
the exterior;
(b) A perimeter of five feet (5')
shall be established extending from the base
of the interior window to be replaced;
(c) Items within the perimeter
shall be removed. Items too large to remove
shall be covered with poly sheeting and
sealed with duct tape and left in the perimeter; and
(d) At least one layer of six- (6-)
mil poly, or thicker, shall be placed on the
ground and extend five feet (5') out from the
base of the window;
(IV) If replacing window from the
exterior—
(a) Critical barrier containment
shall be established covering the window on
the interior;
(b) A perimeter of five feet (5')
shall be established extending from the base
of the exterior window to be replaced;
(c) Items within the perimeter
shall be removed. Items too large to remove
shall be covered with poly sheeting and
sealed with duct tape; and
(d) At least one layer of six- (6-)
mil poly, or thicker, shall be placed on the
ground and extend five feet (5') out from the
base of the window ensuring that all ground
plants and shrubs in the perimeter are covered;
(V) The component, and the area
immediately adjacent to the component, shall
be thoroughly wetted using a garden sprayer,
airless mister, or other appropriate means to
reduce airborne dust;
(VI) After removal of the component, the surface behind the removed component shall be thoroughly wetted to reduce airborne dust;
(VII) The component shall be
wrapped or bagged completely in six- (6-)
mil poly and sealed with duct tape to prevent
loss of debris or dust; and
(VIII) Prior to installing a new
component, the area of replacement shall be
cleaned by HEPA vacuuming. After replacement is complete, the regulated area shall be
cleaned by vacuuming with a HEPA vacuum,
wiping down all surfaces with a cleaning
solution, rinsing all surfaces, and then HEPA
vacuuming the area again.
2. Enclosure. When conducting a lead
abatement project using the enclosure strategy, these minimum requirements shall be
met—
A. The site shall be prepared by first
establishing a regulated area using fencing,
barrier tape, or other appropriate barriers.
The regulated area shall be defined to prevent
unlicensed and/or unauthorized personnel
from approaching closer than twenty feet
(20') to the enclosure operation;
B. Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
inches (2") tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
C. Any heating and cooling systems
within the regulated area shall be shut down
and the vents sealed with six- (6-) mil poly to
prevent lead dust accumulation within the
system;
D. All items shall be cleaned within
the regulated area by HEPA vacuuming
and/or wet wiping with a cleaning solution.
Items shall then be removed from the area or
covered with six- (6-) mil poly and sealed
with duct tape;
E. At least one layer of six- (6-) mil,
or thicker, poly shall be placed on the floor at
the base of the component and extend at least
ten feet (10') beyond the perimeter of the
component to be enclosed;
F. The surface to be enclosed shall be
labeled (behind the enclosure), horizontally
and vertically, approximately every two feet
(2') with a warning, “Danger: Lead-Based
Paint,” in permanent ink;
G. The enclosure material shall be
applied directly onto the painted surface, or a
frame shall be constructed of wood or metal,
using nails, staples, or screws. Glue may be
used in conjunction with the aforementioned
fasteners, but not alone;
H. The material used for the enclosure barrier shall be solid and rigid enough to
provide adequate protection. Materials
including, but not limited to, wall papers,
contact paper, films, folding walls, and
drapes do not meet this requirement;
I. Enclosure systems and their adhesives shall be designed to last at least twenty
(20) years;
J. The substrate or building structure
to which the enclosure is fastened shall be
sufficient structurally to support the enclosure barrier for at least twenty (20) years.
Deterioration such as mildew, water damage,
dry rot, termite damage, or any significant
structural damage may impair the enclosure
from remaining dust tight;
K. Preformed steel, aluminum, vinyl,
or other construction material may be used
for window frames, exterior siding, trim casings, column enclosures, moldings, or other
similar components if they can be sealed dust
tight;
L. A material equivalent to one-fourth
inch (1/4") rubber or vinyl may be used to
enclose stairs;
M. The seams, edges, and fastener
holes shall be sealed with caulk or other
sealant, providing a dust-tight system;
N. All equipment used in the regulated area shall be thoroughly cleaned with a
cleaning solution and/or vacuumed with a
HEPA vacuum prior to removal from the regulated area;
O. Prior to clearance, the installed
enclosure and surrounding regulated area
shall be cleaned by vacuuming with a HEPA
vacuum, wiping down all surfaces with a
cleaning solution, rinsing all surfaces, and
then HEPA vacuuming the area again.
Cleaning shall begin at the end of the work
area farthest from the main entrance to the
area and from the top to the bottom of the
regulated area; and
P. It is recommended that a visual
evaluation of the enclosure’s integrity be conducted and documented by the building
owner or the building owner’s representative
at least every year or immediately after any
fire, water, or structural damage. In childoccupied facilities, it is recommended that a
licensed risk assessor inspect all enclosures
every three (3) years, or whenever the
owner’s visual evaluation indicates a potential
for increased lead hazard exposure.
3. Encapsulation.
A. The encapsulation strategy of lead
abatement shall not be used on the following:
(I) Friction surfaces—such as window sashes and parting beads, door jambs
and hinges, floors, and door thresholds;
(II) Deteriorated components—
including rotten wood, rusted metal, spalled
or cracked plaster, or loose masonry;
(III) Impact surfaces, such as door
stops, window wells, and headers;
(IV) Deteriorated surface coatings
such that the adhesion or cohesion of the surface coating is uncertain or indeterminable;
and
(V) Incompatible coatings.
B. When conducting a lead abatement
project using the encapsulation strategy, these
minimum requirements shall be met—
(I) Encapsulant selection shall be
limited to those that are warranted by the
manufacturer to last for at least twenty (20)
years and comply with fire, health, and environmental regulations;
(II) Surfaces to be encapsulated
shall have sound structural integrity with no
loose, chipping, peeling, or chalking paint
and no dust accumulation that cannot be
cleaned, and shall be prepared and applied
according to the manufacturer’s recommendations;
(III) The site shall be prepared by
first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be designated as
to prevent unlicensed and/or unauthorized
personnel from approaching closer than
twenty feet (20') to the encapsulation operation;
(IV) Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
inches (2") tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
(V) Any heating and cooling systems within the regulated area shall be shut
down and the vents sealed with six- (6-) mil
poly to prevent lead dust accumulation within the system;
(VI) All items shall be cleaned
within the regulated area by HEPA vacuuming and/or wet wiping with a cleaning solution. Items shall then be removed from the
area, or covered with six- (6-) mil poly sheeting and sealed with duct tape;
(VII) At least one layer of six- (6-)
mil, or thicker, poly shall be placed on the
ground at the base of the component and
extend at least ten feet (10') beyond the
perimeter of the component to be encapsulated;
(VIII) A patch test shall be conducted prior to general application to determine the adhesive and cohesive properties of
the encapsulant on the surface to be encapsulated (see the HUD Guidelines for the
Evaluation and Control of Lead-Based Paint
Hazards in Housing, Chapter 13);
(IX) After the manufacturer’s recommended curing time, the entire encapsulated surface shall be inspected by a licensed
lead abatement supervisor or a licensed project designer. Any unacceptable areas shall
be evaluated to determine if a complete failure of the system is indicated, or whether the
system can be patched or repaired.
Unacceptable areas are evidenced by delamination, wrinkling, blistering, cracking, cratering, and bubbling of the encapsulant;
(X) After the encapsulation is complete, the regulated area shall be cleaned by
vacuuming with a HEPA vacuum, wiping
down all surfaces with a cleaning solution,
rinsing all surfaces, and then HEPA vacuuming the area again. Cleaning shall begin at the
end of the work area farthest from the main
entrance to the area and from the top to the
bottom of the regulated area;
(XI) All equipment used in the regulated area shall be thoroughly cleaned with
a cleaning solution and/or vacuumed with a
HEPA vacuum prior to removal from the regulated area; and
(XII) It is recommended that a
visual evaluation of the encapsulant’s integrity be conducted and documented by the
building owner or the building owner’s representative at least every year or immediately
after any fire, water, or structural damage. In
child-occupied facilities, it is recommended
that a licensed risk assessor inspect all
enscapsulations every three (3) years, or
whenever the owner’s visual evaluation indicates a potential for increased lead hazard
exposure.
4. Removal.
A. Acceptable removal strategies
include:
(I) Manual wet strategies—Manual
wet scraping or manual wet sanding is acceptable for removal of lead surface coatings;
(II) Mechanical removal strategies—Power tools that are HEPA-shrouded or
locally exhausted are acceptable removal
strategies for lead surface coatings. HEPAshrouded or exhausted mechanical abrasion
devices such as sanders, saws, drills, rotopeens, vacuum blasters, and needle guns are
acceptable;
(III) Chemical removal strategies—
Chemical strippers shall be used in compliance with manufacturer’s recommendations;
and
(IV) Soil abatement—When soil
abatement is conducted, the lead-bearing soil
shall be removed, tilled, or permanently covered in place as indicated in the following
subparts:
(a) Removed soil shall be
replaced with fill material containing no
more than one hundred parts per million (100
ppm) of total lead. If the fill material exceeds
one hundred (100) ppm total lead, the fill
material will be acceptable only if the lead
solubility is less than five (5) ppm. Soil that
is removed shall not be reused as topsoil in
another residential yard or child-occupied
facility;
(b) If tilling is selected, soil in a
child-accessible area shall be tilled to a depth
which results in no more than four hundred
(400) ppm total lead of the homogenized soil,
or other concentrations approved by the
department. Soil in an area not accessible to
children shall be tilled to a depth which
results in no more than two thousand (2,000)
ppm total lead of the homogenized soil or
other concentrations approved by the department;
(c) Permanent soil coverings
include solid materials such as pavement or
concrete, which separate the soil from human
contact. Grass, mulch, and other landscaping materials are not considered permanent
soil covering; and
(d) Soil abatement shall be conducted to prevent lead contaminated soil from
being blown from the site and/or from being
carried away by water run-off or through percolation to groundwater.
B. Interior removal. When conducting
a lead abatement project using the removal
strategy on interior surfaces, these minimum
requirements shall be met—
(I) The site shall be prepared by
first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be defined to
prevent unlicensed and/or unauthorized personnel approaching closer than twenty feet
(20') to the removal operation;
(II) Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
inches (2") tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
(III) Any heating and cooling systems within the regulated area shall be shut
down and the vents sealed with six- (6-) mil
poly to prevent lead dust accumulation within the system;
(IV) All items within the regulated
area shall be cleaned by HEPA vacuuming
and/or wet wiping with a cleaning solution.
Items shall then be removed from the area, or
covered with six- (6-) mil poly and sealed
with duct tape;
(V) All windows below and within
the regulated area shall be closed;
(VI) Critical barrier containment
shall be constructed;
(VII) At least two (2) layers of six-
(6-) mil, or thicker, poly shall be placed on
the floor at the base of the component and
extend at least ten feet (10') beyond the
perimeter of the component being abated
(removal by the chemical strategy may
require chemical resistant floor cover; follow
manufacturer’s recommendations);
(VIII) All equipment used in the
regulated area shall be thoroughly cleaned
with a cleaning solution and/or vacuumed
with a HEPA vacuum prior to removal from
the regulated area;
(IX) At the end of each work shift,
the top layer of six- (6-) mil poly shall be
removed and used to wrap and contain the
debris generated by the shift. The six- (6-) mil
poly shall then be sealed with duct tape and
kept in a secured area until final disposal. The
second layer of six- (6-) mil poly shall be
HEPA vacuumed, left in place and used during the next shift. A single layer of six- (6-)
mil poly shall be placed on this remaining
poly before abatement resumes; and
(X) After the removal is complete,
the regulated area shall be cleaned by vacuuming with a HEPA vacuum, wiping down all
surfaces with a cleaning solution, rinsing all
surfaces, and then HEPA vacuuming the area
again. Cleaning shall begin at the end of the
work area farthest from the entrance to the
area and from the top to the bottom of the
regulated area.
C. Exterior removal. When conducting a lead abatement project using the
removal strategy on exterior surfaces, these
minimum requirements shall be met—
(I) The site shall be prepared by
first establishing a regulated area using fencing, barrier tape, or other appropriate barriers. The regulated area shall be designated as
to prevent unlicensed and/or unauthorized
personnel from approaching closer than
twenty feet (20') to the removal operation;
(II) Signs shall be posted at all
entrances to the regulated area, and shall
include the words “WARNING: LEAD
AREA, POISON-NO SMOKING OR EATING” in bold lettering not smaller than two
inches (2") tall with additional language prohibiting entrance to the regulated area by
unauthorized personnel;
(III) All movable items shall be
moved twenty feet (20') from working surfaces. Items that cannot be readily moved
twenty feet (20') from working surfaces shall
be covered with six- (6-) mil poly and sealed
with duct tape;
(IV) At least one layer of six- (6-)
mil, or thicker, poly shall be placed on the
ground and extend at least ten feet (10') from
the abated surface plus another five feet (5')
out for each additional ten feet (10') in surface
height over twenty feet (20'). In addition, the
poly shall—
(a) Be securely attached to the
side of the building with cover provided to all
ground plants and shrubs in the regulated
area;
(b) Be protected from tearing or
perforating;
(c) Contain any water, including
rainfall, which may accumulate during the
abatement; and
(d) Be weighted down to prevent
disruption by wind gusts;
(V) All windows in the regulated
area and all windows below and within twenty feet (20') of working surfaces shall be
closed. It is recommended that the windows
of adjacent structures within twenty feet (20')
also be closed;
(VI) Work shall cease if constant
wind speeds are greater than ten (10) miles
per hour;
(VII) Work shall cease and cleanup
shall occur if rain begins;
(VIII) All equipment used in the
regulated area shall be thoroughly cleaned
with a cleaning solution and/or vacuumed
with a HEPA vacuum prior to removal from
the regulated area; and
(IX) The regulated area shall be
HEPA vacuumed and cleaned of lead-based
paint chips, poly and other debris generated
by the abatement project work at the end of
each workday. Debris shall be kept in a
secured area until final disposal.
(10) Post-Abatement Clearance Procedures.
The following post-abatement clearance procedures shall be performed only by a licensed
lead inspector or risk assessor:
(A) Following abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible
amounts of dust, debris, or residue are still
present. If deteriorated painted surfaces or
visible amounts of dust, debris, or residues
are present, these conditions must be eliminated prior to the continuation of the clearance procedures;
(B) Following the visual inspection and any
post-abatement cleanup required by subsection (10)(A) of this regulation, clearance
sampling for lead-contaminated dust and/or
soil shall be conducted;
(C) Dust and soil sampling shall be conducted using the documented methodologies
referenced in section (3) of this regulation;
(D) Dust samples for clearance purposes
shall be taken a minimum of one (1) hour
after completion of final post-abatement
cleanup activities;
(E) The licensed lead inspector or risk
assessor shall compare the residual lead level
from each dust and/or soil sample with clearance levels specified in section (11) of this
regulation for lead in dust on floors, windows, and soil;
(F) If the lead levels in a clearance dust
sample exceed the clearance levels, all the
components represented by the failed dust
sample shall be recleaned and tested until
clearance levels are met;
(G) If the lead levels in a soil clearance
sample exceed the clearance levels, the soil
shall be abated until a composite soil sample
meets clearance levels; and
(H) In a multi-family dwelling with similarly constructed and maintained residential
dwellings, random sampling for the purposes
of clearance may be conducted provided—
1. The licensed individuals who abate or
clean the residential dwellings do not know
which residential dwelling will be selected
for the random sample;
2. A sufficient number of residential
dwellings are selected for dust sampling to
provide a ninety-five percent (95%) level of
confidence that no more than five 5 percent
(5%) or fifty (50) of the residential dwellings
(whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels; and
3. The randomly selected residential
dwellings shall be sampled and evaluated for
clearance according to the procedures found
in subsections (10)(A) through (10)(G) of this
regulation.
(11) Clearance Levels. For each respective
media, the following clearance levels shall be
met for a lead-abatement project to be considered complete (if background lead levels
are lower than the following clearance levels,
clearance is not complete until background
values are met):
(A) Dust samples—
(B) Soil samples—
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.