Report - Lead and Asbestos_Sch A_Hwy-384_385.pdf

REPORT ASBESTO AND LEAD SURVEY - PR-5568 COROZAL-REV

Introduction

Engineering Solution Firm (ESF) is pleased to submit to your attention the results of the Asbestos and Lead Based Paint Survey performed at ER-HWY-384 and 385 Project located at PR-5568 km 0.7-0.8 Padilla Ward, Corozal, PR. The location maps are shown in the appendix A.

Puerto Rico Highways and Transportation Authority, retained ESF-Torres Rosa Consulting Engineers to perform an Asbestos-Containing Materials (ACM) and Lead- Based Paint (LBP) survey at the mentioned project. The purpose of the survey was to determine the presence of ACM and/or LBP in the structure based on the requirements described in the Guidelines for the Evaluation and Control of Lead Based Paint in Housing, H.U.D. Chapter 7, 01 revision – 40 CFR 61 and considering the 40 CFR 763E for Asbestos. The survey included the bridge structure, curbs, and traffic lines.

This survey was by conducted by EQB certify inspector on July 15, 2019, copy of his credential and LBP -EQB Company Certification are included in appendix B.

Lead Based Paint Surveying

Hazard of lead in paint has been defined by the Department of Housing and Urban Development as 1.0 mg/cm2 as measured by XRF instrument or Atomic Absorption Spectroscopy (AAS) or 0.5% by weight or 5,000 ppm as measured by AAS or Inductive Coupled Plasma (ICP). The same level was adopted by EPA regulations published in 1992, under Title X.

The survey was performed following the methodology established in the HUD Guidelines for the Evaluation and Control of Lead Based Paint in Housing (2012 revision) and the PREQB Lead Based Paint Abatement Control Regulation.

The structure inspection was conducted by a PR lead-based paint inspector using the following six steps:

1. List all testing combinations, including those that are painted, stained, shellacked, varnished, coated, or wallpaper which covers painted surfaces.

2. Select testing combinations. (XRF testing is required for at least one location per testing combination, except for interior and exterior walls, where four readings should be taken, one on each wall.)

3. Perform XRF testing (including the calibration check readings).

4. Collect and analyze paint-chip samples for testing combinations that cannot be tested with XRF or that had inconclusive XRF result,

5. Classify XRF and paint-chip results.

6. Preparation final report

The surfaces evaluation was performed as follows:

• If the lead concentration measured by the XRF Spectrum Analyzer is less than 1.0 mg/cm2 it is considered negative.

• If the lead concentration measured by the XRF Spectrum Analyzer is equal or greater than 1.0 mg/cm2 it is considered positive.

Lead Based Paint Inspection Protocol used during the survey is detailed in the Appendix C.

Lead Based Paint Results

A total of eleven (11)testing combinations were tested using NITON 300 XLp (PCS and Niton operator certificate are included in appendix H). Series X-Ray Fluorescence instrument (XRF) manufactured by NITON Corporation. Using EPA Method 6200, the XRF instrument was set at Standard Paint Mode showing reading “Positive” or “Negative” with a 95% confidence level reading. Results are presented in mg/cm2. All XRF tests were negative to Lead Based Paint, therefore Lead Based Paint Negative Certification is included in appendix D. Please refer to appendix E XRF Sampling Data for the detailed analytical testing results for each distinct area inspected.

The results of this inspection indicate that no lead in amounts greater than or equal to 1.0 mg/cm² in paint was found on any building components, using the inspection protocol in Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997 Revision). Therefore, this dwelling qualifies for the exemption in 24 CFR part 35 and 40 CFR part 745 for target housing being leased that is free of lead-based paint, as defined in the rule. However, some painted surfaces may contain levels of lead below1.0 mg/cm², which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the inspector and should also be kept by the owner and all future owners for the life of the dwelling."

Asbestos Containing Material Survey

Asbestos-Containing Building Material (ACBM) is defined as any material or product which contains more than 1 percent asbestos. The sample test must be performed by a laboratory which has received interim accreditation for polarized light microscopy (PLM) analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program. The asbestos inspection and bulk sampling procedures to be implemented was based on the guidelines established by the ASTM E2356-14 Standard Practice for Comprehensive Building Asbestos Surveys, which it is includes in Appendix F. Field information is organized according to the E2356 concept of Homogeneous Area (HA). A HA is defined as a suspect material of similar age, appearance, function, and texture. Each material will be grouped together as a specific HA, sampled, and then assessed for condition.

The structure inspection was conducted by a Puerto Rico Certificate inspector using the following tasks:

1. Visual determination as to the extent of visible and accessible suspect materials and conditions of the material;

2. Collection and analysis of suspect building materials for asbestos content;

3. A physical "Hand Pressure" test for determining friability and condition of suspect materials;

4. An assessment of suspect friable and non-friable materials and locations;

5. Quantification of the amount of suspect friable and non-friable materials( as define in EPA Asbestos NESHAP standard) in their respective locations;

6. Identification of all suspect materials sampled on the appropriate building floor plan diagram with the sample number; and

7. Preparation of a Chain of Custody (AES International Laboratory).

8. Preparation Final report.

Asbestos Containing Material Result

ESF personnel did not find any material suspected to contain asbestos fibers during the inspections. The area surveyed included a non painted asphalt road and concrete painted culvert head wall. No SACM samples were collected; therefore Asbestos Containing Material Negative Certification is included in appendix G.

Please do not hesitate to contact us, if you have any questions or comments regarding the results of this particular Asbestos-Containing Materials and Lead-Based Paint Survey.

Cordially;

Edwin A. Ayala, PE

APPENDIX A

LOCATION MAP

PR-5568

The area surveyed included a non-painted asphalt road and painted concrete culvert head wall.

PR-5568 Corozal

APPENDIX B

INSPECTOR CREDENTIALS

APPENDIX C

LEAD BASED PAINT INSPECTION GUIDELINES

(Available Upon Request)

7–1

Chapter 7: Lead-Based Paint Inspection HOW TO DO IT ............................................................................................................................... 7–5

I. Introduction .............................................................................................................................. 7–8 A. Purpose .............................................................................................................................. 7–8

1. Disclosure of Inspections .............................................................................................. 7–9

2. Limitation of this Inspection Protocol ........................................................................... 7–9

3. Documentation of Results ............................................................................................ 7–9

4. Owner’s Use of Inspection Reports in Lead Disclosure ................................................. 7–9

B. Qualifications of Inspectors and Laboratories ............................................................... 7–10

1. Where to Find Inspectors and Laboratories ............................................................... 7–10

2. Qualifications of Inspectors ........................................................................................ 7–10

C. Other Sources of Information ......................................................................................... 7–10

1. XRF Performance Characteristic Sheet ....................................................................... 7–10

2. XRF Radiation Protection Regulations ........................................................................ 7–11

3. ASTM and NIST Standards ......................................................................................... 7–11

D. Paint Testing for Inspections and Risk Assessments ..................................................... 7–11 E. Most Common Inspection Method ................................................................................. 7–12 F. XRF Performance Characteristic Sheets and Manufacturer’s Instructions ................... 7–13 G. Inspection by Paint-chip Analysis ................................................................................... 7–13 H. Additional Means of Analyzing Paint ............................................................................. 7–14

1. Mobile Laboratories .................................................................................................... 7–14

2. Chemical Test Kits ....................................................................................................... 7–14

II. Summary of XRF Radiation Safety Issues ............................................................................. 7–16

III. Definitions .............................................................................................................................. 7–16

IV. Inspections in Single-Family Housing ................................................................................... 7–19 A. Listing Testing Combinations .......................................................................................... 7–20

1. Number of Room Equivalents to Inspect ................................................................... 7–20

2. Number of Testing Combinations to Inspect ............................................................. 7–20

3. Painted Furniture ......................................................................................................... 7–21

4. Ceramic Tile and Other Fixtures .................................................................................. 7–21

5. Building Component Types ........................................................................................ 7–21

6. Substrates ................................................................................................................... 7–21

B. Number and Location of XRF Readings ......................................................................... 7–22

1. Number of XRF Readings for Each Testing Combination .......................................... 7–22

2. Location of XRF Readings ........................................................................................... 7–22

3. Documentation of XRF Reading Locations ................................................................. 7–22

C. XRF Instrument Reading Time ........................................................................................ 7–24 D. XRF Calibration Check Readings .................................................................................... 7–25

7–2

CHAPTER 7: LEAD-BASED PAINT INSPECTION

1. Frequency and Number of Calibration Checks .......................................................... 7–25

2. Calibration Check Standard Materials ........................................................................ 7–25

3. Recording and Interpreting Calibration Check Readings ........................................... 7–26

E. Substrate Correction ....................................................................................................... 7–26

1. When Substrate Correction Is Not Required .............................................................. 7–27

2. Substrate Correction Procedure ................................................................................. 7–27

3. Negative Values ........................................................................................................... 7–29

F. Discarding Readings ......................................................................................................... 7–29 G. Classification of XRF Results ........................................................................................... 7–29 H. Evaluation of the Quality of the Inspection ................................................................... 7–30

1. Direct Observation ..................................................................................................... 7–31

2. Immediate Provision of Results ................................................................................... 7–31

3. Repeated Testing of 10 Surfaces ................................................................................ 7–31

4. Time-and-Motion Analysis .......................................................................................... 7–32

I. Documentation in Single-Family Housing ...................................................................... 7–32

1. Data Forms ................................................................................................................. 7–32

2. Electronic Data Storage .............................................................................................. 7–32

3. Final Report ................................................................................................................ 7–32

V. Inspections in Multi-family Housing ...................................................................................... 7–36 A. Statistical Confidence in Dwelling Unit Sampling ......................................................... 7–36 B. Selection of Housing Units, Common Areas, and Exterior Site Areas. ......................... 7–37 C. Listing Testing Combinations and Common Areas ......................................................... 7–41 D. Classification of XRF Results in Multi-family Housing ................................................... 7–41

1. Unsampled Housing Units .......................................................................................... 7–44

2. Fewer than 5% Positive Results .................................................................................. 7–45

E. Documentation in Multi-family Housing ........................................................................ 7–45

VI. Laboratory Testing for Lead in Paint-chip Samples .............................................................. 7–45 A. Number of Samples ......................................................................................................... 7–46 B. Size of Samples ................................................................................................................ 7–46 C. Inclusion of Substrate Material ....................................................................................... 7–46 D. Repair of Sampled Locations .......................................................................................... 7–46 E. Classification of Paint-chip Sample Results .................................................................... 7–47 F. Units of Measure .............................................................................................................. 7–47 G. Sample Containers ........................................................................................................... 7–47 H. Laboratory Analysis Methods ......................................................................................... 7–48 I. Laboratory Selection ........................................................................................................ 7–49 J. Laboratory Report ........................................................................................................... 7–50

VII. XRF Hazards ........................................................................................................................... 7–50 A. Licenses and Certifications for Using XRFs with Radioactive Sources .......................... 7–51 B. Safe Operating Distance ................................................................................................. 7–52

7–3

REFERENCES ................................................................................................................................ 7–53

ADDENDUM 1: EXAMPLES OF LEAD-BASED PAINT INSPECTIONS........................................ 7–54 A. Example of a Single-Family Housing Inspection ............................................................ 7–54 B. Example of Multi-family Housing Inspection .................................................................. 7–56

ADDENDUM 2: DATA COLLECTION FORMS ............................................................................ 7–61 Form 7.1 Single Family Housing LBP Testing Data Sheet – Blank

Form 7.1 Single Family Housing LBP Testing Data Sheet – Completed

Form 7.2 Calibration Check Test Results – Blank

Form 7.2 Calibration Check Test Results – Completed

Form 7.3 Substrate Correction Values – Blank

Form 7.3 Substrate Correction Values – Completed

Form 7.4 Selection of Housing Units – Blank

Form 7.4 Selection of Housing Units – Completed

Form 7.5 Multi-family Housing LBP Testing Data Sheet – Blank

Form 7.5 Multi-family Housing LBP Testing Data Sheet – Completed

Form 7.6 Multi-family Housing: Component Type Report – Blank

Form 7.6 Multi-family Housing: Component Type Report – Completed

ADDENDUM 3: XRF PERFORMANCE CHARACTERISTICS SHEETS.......................................... 7–74

FIGURES

Figure 7.1 One type of XRF instrument displays its reading of a testing combination ..... 7–12

Figure 7.2 Child’s bed showing teeth marks in painted surface ........................................ 7–21

Figure 7.3 Multi-family Decision Flowchart ........................................................................ 7–43

Figure 7.4 Preparation to take paint chip sample .............................................................. 7– 46

Figure 7.5 Removing paint chip sample ............................................................................. 7–46

Figure 7.6 Damage caused by removing paint chip sample .............................................. 7–47

Figure 7.7 Inspectors must operate XRFs at safe distance from others ............................. 7–52

TABLES

Table 7.1 Examples of Interior and Exterior Building Component Types ......................... 7– 18

Table 7.2 Examples of Distinct Testing Combinations ...................................................... 7– 19

Table 7.3 Number of Units to Be Tested in Multi-family Building or Developments ........ 7–38

7–4

Intentionally Left Blank

7–5

Chapter 7: Lead-Based Paint Inspection

How to Do It

1. See Chapters 3, 5 and 16 for guidance on when a lead-based paint inspection is appropriate. A lead-based paint inspection will determine:

✦ Whether lead-based paint is present in a house, dwelling unit, residential building, housing development, or child-occupied facility, including common areas and exterior surfaces; and

✦ If present, which building components contain lead-based paint.

The U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) define an inspection as a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. The sampling proto-cols in this chapter fulfill that definition.

2. The client should hire a certified (licensed) lead-based paint inspector or risk assessor (see 40 CFR part 745).

Lists of certified lead-based paint inspectors and risk assessors can be obtained from the EPA website at:

www.epa.gov/oppt/lead/pubs/traincert.htm. Laboratories recognized by EPA, under its National Lead Laboratory Accreditation Program (NLLAP), for analysis of lead in paint can also be found at www.epa.gov/ oppt/lead/pubs/nllap.htm.

3. The inspector should use the HUD/EPA standard for lead-based paint of equal to or greater than 1.0 mg/cm2 or 0.5% by weight, as defined by Title X of the Housing and Community Development Act of 1992 (unless HUD and EPA have lowered the standard). If the applicable standard in the jurisdiction is more stringent, the procedures in this chapter will need to be modified. For purposes of the HUD/EPA Lead-Based Paint Disclosure Rule, 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight are the standards that must be used (see Appendix 6) as of the publication of this edition of these Guidelines. If a State, Tribe or local government has an EPA-authorized plan for certifying lead-based paint inspectors and has lower lead standards, those lower lead standards would apply to inspections (but not to the Lead Disclosure Rule; paint with lead below the federal threshold is not considered lead-based paint for purposes of that Rule).

There are other analytical techniques that may be used by a laboratory with NLLAP recognition for analysis of lead in paint.

4. Obtain the XRF Performance Characteristic Sheet (PCS) for the X-Ray Fluorescence (XRF) lead paint analyzer to be used in the inspection. It will specify the ranges where XRF results are positive, negative or inconclusive, the calibration check tolerances, and other important information. Only devices with a posted PCS may be used for lead paint inspections. If you use a XRF without a current PCS, or do not follow the requirements of the PCS, the work will be considered invalid, and not an inspection or paint testing, as applicable, and the work will have to be re-done. To obtain the appropriate XRF Performance Characteristic Sheet, contact the National Lead Information Center Clearinghouse (1-800-424-LEAD) or download it from the Internet at www.hud.gov/offices/lead/lbp/hudguidelines/allpcs.pdf. XRF Performance Characteristic Sheets have been developed by HUD and EPA for most commercially available XRFs. (Hearing- or speech-challenged individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.) Report lead paint amounts in mg/cm2 because this unit of measurement does not depend on the number of layers of www.epa.gov/oppt/lead/pubs/traincert.htm http://www.epa.gov/oppt/lead/pubs/nllap.htm http://www.epa.gov/oppt/lead/pubs/nllap.htm http://www.hud.gov/offices/lead/lbp/hudguidelines/allpcs.pdf

7–6 non-lead-based paint and can usually be obtained without damaging the painted surface. All measurements of lead in paint should be in mg/cm2, unless the surface area cannot be measured or if all paint cannot be removed from the measured surface area. In such cases, concentrations may be reported in weight percent (%) or parts per million by weight (ppm).

5. If the XRF instrument has a radioactive source, follow the radiation safety procedures explained in this chapter, and as required by the U.S. Nuclear Regulatory Commission and applicable State and local regulations when using XRF instruments.

6. Take at least three calibration check readings before beginning the inspection. Additional calibration check readings should be made at least every 4 hours, after inspection work has been completed for the day, or according to the manufacturer’s instructions, whichever is most frequent. If the instrument is to be turned off during the course of an inspection, calibration checks should always be done before the instrument is turned off and again after it has been warmed up (calibration checks do not need to be done each time an instrument enters an automatic “sleep” state while still powered on).

7. When conducting an inspection in a multi-family housing development or building, obtain a complete list of all housing units, common areas, and exterior site areas. Determine which can be grouped together for inspection purposes based on similarity of construction materials and common painting histories. In each group of similar units, similar common areas, and similar exterior sites, determine the minimum number of each to be inspected from the tables in this chapter. Random selection procedures are explained in this chapter.

8. For each unit, common area, and exterior site to be inspected, identify all testing combinations in each room equivalent. A testing combination is characterized by the room equivalent, the component type, and the substrate. A room equivalent is an identifiable part of a residence (e.g., room, house exterior, foyer, etc.).

Painted surfaces include any surface coated with paint, shellac, varnish, stain, paint covered by wallpaper, or any other coating. Wallpaper should be assumed to cover paint unless building records or physical evidence indicates no paint is present.

9. Take at least one individual XRF reading on each testing combination in each room equivalent. For walls, take at least four readings (one reading on each wall) in each room equivalent. A different visible color does not by itself result in a separate testing combination. It is not necessary to take multiple XRF readings on the same spot, as was previously recommended, unless the PCS requires such for the XRF instrument being used.

10. Determine whether to correct the XRF readings for substrate interference by consulting the XRF Performance Characteristic Sheet. If test results for a given substrate fall within the substrate correction range, take readings on that bare substrate scraped completely clean of paint, as explained in Section IV.E of this chapter.

11. Classify XRF results for each testing combination. Readings above the upper limit of the inconclusive range are considered positive, while readings below the lower limit of the inconclusive range are considered negative.

Readings within the inconclusive range (including its boundary values) are classified as inconclusive. Some instruments have a threshold value separating ranges of readings considered positive from readings considered negative for a given substrate. Readings at or above the threshold are considered positive, while readings below the threshold are considered negative.

12. In single-family housing inspections, all inconclusive readings must be confirmed in the laboratory, unless the client wishes to assume that all inconclusive results are positive. Such an assumption may reduce the cost of an inspection, but will probably increase subsequent abatement, interim control, and maintenance costs, because laboratory analysis often shows that testing combinations with inconclusive readings do not in fact contain lead-based paint. Inconclusive readings cannot be assumed to be negative.

7–7

13. In multi-family dwelling inspections, XRF readings are aggregated across units and room equivalents by component type. Use the flowchart provided in this chapter (Figure 7.3) to make classifications of all testing combinations or component types in the development as a whole, based on the percentages of positive, negative, and inconclusive readings.

14. If the inspector collected paint-chip samples for analysis, they must be analyzed by a laboratory recognized under the EPA’s National Lead Laboratory Accreditation Program (NLLAP) for analysis of lead in paint, and collected in accordance with ASTM E 1729, Standard Practice for Field Collection of Dried Paint Samples for Subsequent Lead Determination, or equivalent. Paint-chip samples are collected when the overall results for a component type are inconclusive by XRF, or were not measured by XRF, or if the inspector chooses to do so if the paint is deteriorated. They may be collected by a properly trained and certified inspector or others, if permitted by State law and recognized by EPA. Paint-chip samples should contain all layers of paint (not just peeled layers) and must always include the bottom layer. If results will be reported in mg/cm2, including a small amount of substrate with the sample will not significantly bias results. Substrate material should not, however, be included in samples reported in weight percent. Paint from 4 square inches (25 square centimeters) should provide a sufficient quantity for laboratory analysis. Smaller surface areas may be used, but only if the laboratory indicates that a smaller sample is acceptable. In all cases, the surface area sampled must be recorded.

15. The client or client’s representative should evaluate the quality of the inspection using the procedures in this chapter.

16. The inspector will prepare an inspection report indicating if and where lead-based paint is located in the unit or the housing development (or building). Inspection reports contain detailed information on the following:

✦ Who performed the inspection;

✦ Date(s);

✦ Inspector’s certification number;

✦ All XRF readings;

✦ Classification of all surfaces into positive or negative (but not inconclusive) categories, based on XRF and laboratory analyses;

✦ Specific information on the XRF and laboratory methodologies;

✦ Housing unit and sampling location identifiers;

✦ Results of any laboratory analyses; and

✦ Additional information described in Section IV of this chapter.

17. The report should include a statement that the presence of lead-based paint and the report must be disclosed by the owner (seller / lessor) to prospective new buyers (purchasers) and renters (lessees) of target housing prior to obligation under a sales contract or lease, except that the disclosure does not have to be made when the property is being leased if it is lead-based paint free. (See the discussion of Lead Disclosure Rule in Appendix 6.) The suggested language in the boxes in Section I.A.4 may be used.

7–8

I. Introduction

A. Purpose

This chapter explains methods for performing lead-based paint inspections in housing to determine:

✦ Whether lead-based paint is present in a house, dwelling unit, residential building, housing devel-opment, or child-occupied facility, including common areas and exterior surfaces; and

✦ If present, which building components contain lead-based paint.

The information presented here is intended for both inspectors and persons who purchase inspection services (clients). This chapter provides an inspection protocol, methods for determining the quality of an inspection, and information on how to locate certified lead inspectors.

Defining lead-based paint. Title X (“ten”) of the Housing and Community Development Act of 1992, defines lead-based paint inspection (in two places, with slightly different formatting of the same word-ing) as:

a surface-by-surface investigation to determine the presence of lead-based paint as provided in section 302(c) of the Lead-Based Paint Poisoning Prevention Act and the provision of a report explaining the results of the investigation. (15 U.S.C. 2681(7), for use by EPA and its stakeholders;

and 42 U.S.C. 4851(12), for use by HUD and its stakeholders)

This definition in Title X is based on, and mentions, the earlier Lead-Based Paint Poisoning Prevention Act (Public Law 91-695), enacted in 1971, which described an inspection in its section 302(c) as being an:

inspection of all intact and nonintact interior and exterior painted surfaces of housing subject to this section for lead-based paint using an approved x ray fluorescence analyzer, atomic absorption spectroscopy, or comparable approved sampling or testing technique. A certified inspector or laboratory shall certify in writing the precise results of the inspection. If the results equal or exceed a level of 1.0 milligrams per centimeter squared or 0.5 percent by weight, the results shall be provided to any potential purchaser or tenant of the housing. (42 U.S.C. 4822(c))

The sampling and testing protocols in this chapter fulfill the definition of lead-based paint inspection, in providing guidance on selecting building components of housing to sample and/or test them and the methods for determining whether they are coated with lead-based paint.

Section 302(c) of the 1971 act, above, established the threshold for lead-based paint as a surface concen-tration (or “loading”) on the basis of weight of lead per area of surface, at 1 mg/cm2, or a weight concen-tration on the basis of a weight of lead per weight of paint, at 0.5% by weight. That section also has wording providing for HUD to review the lead-based paint threshold and reduce it if “reliable technology makes feasible the detection of a lower level and medical evidence supports the imposition of a lower level.” As of the publication of this edition of these Guidelines, in response to a petition received by the EPA on August 10, 2009, HUD and EPA are collaboratively considering whether to lower the threshold level of lead-based paint; they are also looking into whether to lower the lead dust hazard standards.

HUD, consistent with EPA, CDC and OSHA, notes that paint with lead that is deteriorated or disturbed, even if its lead content is below the current EPA and HUD standards, may still pose a human health hazard, this depends largely on how much lead-contaminated dust is generated from the paint and where

7–9 that dust is dispersed. Accordingly, HUD recommends, in these Guidelines, using lead-safe methods of working with paint that is known or presumed to have lead in it, whether or not it is lead-based paint.

1. Disclosure of Inspections

Federal law requires the disclosure of knowledge of lead-based paint and lead-based paint hazards, or that there is no such knowledge, when owners sell or rent most pre-1978 housing, known as “target” housing. Therefore the results (that is, reports and records) of lead-based paint inspections (as discussed in this Chapter) and risk assessments (as discussed in Chapter 5) must be disclosed to prospective renters (lessees, tenants) of target housing prior to entering into a new lease and renters renewing an old lease (unless the results were previously disclosed to them), if lead-based paint is found, and to prospective purchasers prior to obligation under a sales contract for target housing, whether or not lead-based paint is found. If the inspection described in this chapter finds that lead-based paint is not present in units which are to be leased, the dwelling unit and, for multi-family housing, all other dwelling units characterized by the inspection are exempt from disclosure requirements for rental actions. However, for dwell-ing units which are being sold (not leased), the owner still has certain legal responsibilities to fulfill under Federal law even if no lead-based paint is identified. See the HUD and EPA regula-tions in 24 CFR part 35, and 40 CFR part 745, respectively, for additional details, and see the regulatory overview in Appendix 6.

You may contact the National Lead Information Center Clearinghouse (1-800-424-LEAD) to obtain HUD and EPA brochures, question-and-answer booklets, the regulations mentioned above (and the descriptive preamble to those regulations), and other information on lead-based paint disclo-sure. (Hearing- or speech-challenged individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.) See section IV for recommended inspection report language regarding these disclosure requirements.

2. Limitation of this Inspection Protocol

The protocol described here is not intended for investigating housing units where children with elevated blood lead levels are currently residing. Such a protocol can be found in chap-ter 16 or from the State or local health department; the most stringent investigation protocol should be used.

3. Documentation of Results

The complete set of forms provided at the end of this chapter for use in single-family and multi-family housing may be used; similar forms or computerized reports may also be used to docu-ment the results of inspections.

4. Owner’s Use of Inspection Reports in Lead Disclosure

In the final report on the inspection, the inspector should advise the client (typically the property owner or manager) that, if the housing is target housing, the owner has certain responsibili-ties under the Lead Disclosure Rule when the property is being sold or leased, or when a lease is being renewed with revisions. In general, lead disclosure is required in these circumstances, except that disclosure does not have to be made when the target housing is being leased if the inspection has found that it is lead-based paint free.

7–10

See the discussion of Lead Disclosure Rule (24 CFR part 35, subpart A, or 40 CFR part 745, subpart F) in Appendix 6 of these Guideline). The suggested language in the boxes in Section IV.I.3, Final Report, below, may be used in the cases of lead-based paint being identified, or not identified, in target housing.

B. Qualifications of Inspectors and Laboratories

1. Where to Find Inspectors and Laboratories

Lists of EPA and State-licensed (certified) inspectors can be obtained from the National Lead Information Center Clearinghouse at 800-424-LEAD (5323). The Clearinghouse can also help you locate the appropriate State agency contact to obtain lists of State-licensed (certified) inspectors and other information.

You can go to EPA’s Lead Abatement Professionals page, http://www.epa.gov/oppt/lead/ pubs/traincert.htm, and click on the map for individual states and tribes which are authorized by EPA to operate their own lead certification programs. For other states, you can click on the Where You Live link on the left column, or go directly to http://www.epa.gov/oppt/lead/ pubs/leadoff1.htm, to find the contact information for the EPA Regional Lead Coordinators.

Laboratories recognized under the EPA’s National Lead Laboratory Accreditation Program (NLLAP) are updated monthly, and are available at http://www.epa.gov/oppt/lead/pubs/ nllaplist.pdf.

2. Qualifications of Inspectors

An inspector must be certified (licensed) by the State or tribe where the testing is to be done if the State or tribe has an EPA-authorized inspection certification program. If the State does not have such a program, the inspector must be certified by EPA. The list of EPA-authorized states and tribes is at the EPA’s Lead Abatement Professionals web page identified above.

C. Other Sources of Information

Other sources of information and materials needed for using this protocol include an XRF Performance Characteristic Sheet, U.S. Nuclear Regulatory Commission and State radiation protec-tion regulations, and standards issued by the American Society for Testing and Materials (ASTM).

The National Institute of Standards and Technology (NIST) produces Standard Reference Materials (SRMs) and provides supporting documentation for these materials.

1. XRF Performance Characteristic Sheet

An XRF Performance Characteristic Sheet (PCS) defines acceptable operating specifications and procedures for each model of X-Ray Fluorescence (XRF) lead-based paint analyzer. An inspec-tor must follow the XRF Performance Characteristic Sheet for all inspection activities. XRF PCSs are available from the National Lead Information Center Clearinghouse or through the HUD website at http://www.hud.gov/offices/lead/lbp/hudguidelines/allpcs.pdf. If an XRF analyzer does not have a PCS, or if it is not used, or if the data are not analyzed, in accordance with its PCS, the actions undertaken with it are neither a lead-based paint inspection nor paint testing.

http://www.epa.gov/oppt/lead/pubs/traincert.htm http://www.epa.gov/oppt/lead/pubs/traincert.htm http://www.epa.gov/oppt/lead/pubs/leadoff1.htm http://www.epa.gov/oppt/lead/pubs/leadoff1.htm http://www.epa.gov/oppt/lead/pubs/nllaplist.pdf http://www.epa.gov/oppt/lead/pubs/nllaplist.pdf

7–11

2. XRF Radiation Protection Regulations

Regulations that govern radioactive sources used in XRFs are available from State radiation protection agencies (see http://nrc-stp.ornl.gov)and the Nuclear Regulatory Commission (NRC) . The NRC may be contacted toll-free at (800) 368-5642, or http://www.nrc.gov/ about-nrc/organization/fsmefuncdesc.html. (Hearing- or speech-challenged individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.)

Employers of individuals who use XRF that have radioactive sources should also see OSHA’s Ionizing Radiation standard, 29 CFR 1910.1096, and NRC’s Standards for Protection Against Radiation, 10 CFR Part 20.

3. ASTM and NIST Standards

Other helpful information and standards are available from ASTM International at (610) 832-9585, or www.astm.org/Standard/index.shtml including:

✦ ASTM E1605 Standard Terminology Relating to Lead in Buildings

✦ ASTM E1613 Standard Test Method for Determination of Lead by Inductively Coupled Plasma Atomic Emission Spectrometry (ICP-AES), Flame Atomic Absorption Spectrometry (FAAS), or Graphite Furnace Atomic Absorption Spectrometry (GFAAS) Techniques

✦ ASTM E 1645 Standard Practice for Preparation of Dried Paint Samples by Hotplate or Microwave Digestion for Subsequent Lead Analysis

✦ ASTM E1729 Standard Practice for Field Collection of Dried Paint Samples for Subsequent Lead Determination

✦ ASTM E1775 Standard Guide for Evaluating Performance of On-Site Extraction and Field- Portable Electrochemical or Spectrophotometric Analysis for Lead

✦ ASTM E1979 Standard Practice for Ultrasonic Extraction of Paint, Dust, Soil, and Air Samples for Subsequent Determination of Lead

✦ ASTM E2052 Standard Guide for Evaluation, Management, and Control of Lead Hazards in Facilities (As of the publication of this edition of these Guidelines, this withdrawn standard being reinstated pending comprehensive updates.)

✦ ASTM E2120 Standard Practice for Performance Evaluation of the Portable X-Ray Fluorescence Spectrometer for the Measurement of Lead in Paint Films

NIST (301-975-2200 or http://www.nist.gov/; hearing- or speech-challenged individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.)

has developed a series of paint films that have known amounts of lead-based paint and can be used for calibration check purposes. As of the publication of this edition of these Guidelines, NIST Standard Reference Material 2579a is available (see section IV.D, below).

D. Paint Testing for Inspections and Risk Assessments

While risk assessments determine the presence of lead-based paint hazards, inspections determine the presence of lead-based paint. The paint chip sampling and measurement procedures used in http://nrc-stp.ornl.gov http://www.nrc.gov/about-nrc/organization/fsmefuncdesc.html http://www.nrc.gov/about-nrc/organization/fsmefuncdesc.html http://www.astm.org/Standard/index.shtml http://www.nist.gov/

7–12 lead-based paint inspections are similar to the procedures for paint sampling used in risk assessment.

However, the number of paint measurements or samples taken for a paint inspection is, generally, consid-erably greater than the number of paint samples required for a risk assessment, because risk assessments measurements for lead in paint are only made for deteriorated paint, not all paint. Inspections measure lead in both deteriorated and intact paint, which involves many more surfaces. Risk assessments always note the condition of paint on surfaces; inspections may not. For dwellings in good condition, a full risk assessment may be unnecessary, and a lead hazard screen risk assessment may be conducted. In a lead hazard screen or risk assessment, the certified risk assessor tests only painted surfaces in deteriorated condition for their lead content. See chapter 5 for methods to determine the condition of paint when conducting a risk assessment.

E. Most Common Inspection Method

Portable XRF lead-based paint analyzers are the most common primary analytical method for inspections in housing because of the demon-strated ability to determine if lead-based paint is present on many surfaces and to measure the paint without destructive sampling or paint removal, as well as the high speed and low cost per sample (see Figure 7.1). Portable XRF instruments expose a building component to electromagnetic radiation in the form of X-rays or gamma radiation. In response to radiation, each element, including lead, emits energy at a fixed and characteristic level. Emission of characteristic x-rays is called “X-Ray Fluorescence,” or XRF.

The energy released is measured by the instru-ment’s fluorescence detector and displayed. The inspector must then compare this displayed value (reading) with the threshold or inconclusive range specified in the XRF Performance Characteristic Sheet (PCS) for the specific XRF instrument being used, and the specific substrate beneath the painted surface (see section IV.F, below). For instrument – substrate combinations that have a threshold:

✦ If the reading is less than the threshold, then the reading is considered negative for lead-based paint.

✦ If the reading is greater than or equal to the threshold, then the reading is considered positive.

For instrument – substrate combinations that have an inconclusive range:

✦ If the reading is less than the lower boundary of the inconclusive range, then the reading is considered negative.

✦ If the reading is within the inconclusive range, including its boundary values, then the reading is considered inconclusive.

✦ If the reading is greater than the upper boundary of the inconclusive range, then the reading is considered positive.

As of the publication of this edition of these Guidelines, the detection elements and software of all of the XRF analyzers for which HUD has issued PCSs, all of the inconclusive ranges and/or thresholds are based on 1.0 mg/cm2, so that positive and negative readings are consistent with the HUD definition of

FIGURE 7.1 One type of XRF instrument displays its reading of a testing combination.

7–13 lead-based paint for identification and disclosure purposes. Laboratory analysis is recommended to confirm inconclusive XRF results, as mentioned in Section I.G, below; alternatively, the paint can be presumed to be lead-based paint.

F. XRF Performance Characteristic Sheets and Manufacturer’s Instructions

When an XRF instrument is used for testing paint in target housing or pre-1978 child-occupied facilities, it must have a HUD -issued XRF Performance Characteristic Sheet. XRFs must be used in accordance with the manufacturer’s instructions and the PCS. The PCS contains information about XRF readings taken on specific substrates, calibration check tolerances, interpretation of XRF read-ings (see section I.E, above), and other aspects of the model’s performance.

If discrepancies exist among the PCS, the HUD Guidelines and the manufacturer’s instructions, the most stringent guidelines should be followed. For example, if the PCS has a lower (more stringent) calibration check tolerance than the manufacturer’s instructions, the PCS should be followed.

These Guidelines and the PCS are applicable to all XRF instruments that detect K X rays, L X rays, or both. Most XRF instruments in use at the time of publication of this edition of these Guidelines detect K-shell fluorescence (X-ray energy), some instruments, L-shell fluorescence, and some, both K and L fluorescence. In general, L X rays released from greater depths of paint are less likely to reach the surface than are K X rays, which makes detection of lead in deeper paint layers by L X rays alone more difficult. However, L X rays are less likely to be influenced by substrate effects.

G. Inspection by Paint-chip Analysis

Performing inspections by the sole use of laboratory paint-chip analysis is not recommended because it is time-consuming, costly, and requires extensive repair of painted surfaces. Laboratory analysis of paint-chip samples is recommended for inaccessible areas or building components with irregu-lar (non-flat) surfaces that cannot be tested using XRF instrumentation. Laboratory analysis is also recommended to confirm inconclusive XRF results, as specified on the applicable XRF Performance Characteristic Sheet, or at the inspector’s professional judgment. Some newer laboratory analytical methods can provide results within minutes (see section I.H, below). Only laboratories recognized under the EPA NLLAP may be used for analyzing samples of paint in target housing or pre-1978 child-occupied facilities. Laboratory analysis is more accurate and precise than XRF, but only if great care is used to collect and analyze the paint-chip sample. Laboratory results of paint chip samples should be reported as mg/cm2. Appendix 1 of these Guidelines explains why units of mg/cm2 are not dependent on the number of overcoats of lead-free paint and why such units of measure are therefore more reli-able than weight percent. The dimensions of the area from which a paint-chip sample is removed must be measured as accurately as possible (to the nearest millimeter or 1/16th of an inch) and the sample has to include every layer of paint with minimal substrate included.

Although laboratory results can also be reported as a percentage of lead by weight of the paint sample, percents should only be used when it is not feasible to use mg/cm2. These two units of measure are not interchangeable. Laboratory results should be reported as mg/cm2 if the surface area can be accurately measured and if all paint within that area is collected.

In mg/cm2 measurements, keep the amount of substrate material as small as possible so that the inclusion of the substrate in the sample risks biasing the results as little as possible. However, if reporting weight percent measurements, no substrate may be included because the substrate will “dilute” the amount of lead reported. If a visual examination shows that the bottom layer of paint appears to have “bled” into the substrate, a very thin upper portion of the substrate should

7–14 be included in the sample to ensure that all lead within the sample area has been included in the sample. Direct the laboratory to report lead in mg/cm2 if significant amounts of substrate are included in the sample.