| summary_of_the_texas_lead-based_paint_rules.pdf |
Summary of the Texas
Lead-Based Paint Rules
Policy, Standards, & Quality Assurance Unit, Environmental Health Group June 2007
Background:
On February 19, 1996, the Department of State Health Services (DSHS) promulgated the Texas
Environmental Lead Reduction Rules (TELRR). These rules cover several areas of lead-based paint
activities in housing (also known as “target housing” in the TELRR), including the training and
certification of persons conducting lead inspections, risk assessments, abatements, and project
design. The rules require that lead training providers be accredited by the DSHS and also set
standards for conducting lead-based paint activities. DSHS amended its rules on May 10, 1998, to
include child-occupied facilities thus allowing the state to obtain U.S. Environmental Protection
Agency (EPA) authorization for a state program pursuant to Section 404 of the Toxic Substances
Control Act (TSCA). Then, on March 18, 1999, the State of Texas obtained EPA authorization to
administer a Lead-Based Paint Training and Certification Program. On January 5, 2001, the EPA
amended Title 40 CFR, Part 745, entitled “Lead; Identification of Dangerous Levels of Lead; Final
Rule,” which established standards for identifying lead-based paint hazards, work clearance levels,
and added amendments to dust and soil sampling requirements. DSHS amended its rules on March
23, 2003, to accommodate these changes and to clarify existing rule language for improved
implementation. On December 24, 2004, DSHS amended its rules again to: 1) accommodate the
requirement that certifications and accreditations must be two years in length (instead of three years)
in accordance with House Bill 2292, 78th Legislature, 2003; and 2) to allow for the collection of
license fees online in accordance with Senate Bill 1152, 78th Legislature, 2003, which amended
Government Code, Section 2054.111.
Applicability:
The TELRR applies to target housing and child-occupied facilities built before January 1, 1978.
Exclusions, under Section 295.201(b)(2), are housing for the elderly or persons with disabilities,
unless a child who is six years of age or younger resides or is expected to reside in that housing, nor
do the rules apply to target housing with zero bedrooms. These rules also do not apply to
homeowners performing lead-based paint activities in dwellings that they own, unless a person or
persons other than the owner or the owner’s immediate family occupy the dwelling while the lead
activities are being performed. Furthermore, under Section 295.202(69)(B), since a residential
dwelling unit is defined as a structure which is occupied, or intended to be used or occupied, in
whole or in part, as the home or residence of one or more persons, demolishing of “housing” not
meeting this definition is excluded from these rules.
Lead-Based Paint Inspections:
Any lead-based paint inspection conducted in target housing or child-occupied facilities must be
conducted by a certified Lead Inspector or Risk Assessor in accordance with the TELRR. A leadbased
paint inspection is a surface-by-surface investigation using approved documented
methodologies to determine the presence of lead-based paint in these facilities. If only an
assumption is made that lead-based paint may be present (no testing or sampling conducted), a
certified Inspector or Risk Assessor is not required. Paint-chip collection and/or XRF (X-ray
fluorescence) analysis are common ways to determine the presence of lead-based paint while
chemical test wipe (swab) kits are not an approved method as they give inaccurate results for
TELRR purposes. Paint-chip, soil, or dust samples must be sent to an EPA-Recognized Laboratory
(accredited through the National Lead Laboratory Accreditation Program - NLLAP) for analysis to
determine the presence of any lead in the sample. To inquire about these EPA-recognized
laboratories, call the National Lead Information Center toll-free at (800) 424-LEAD or view the
current listing at the EPA website http://www.epa.gov/lead/pubs/nllaplist.pdf.
2
A written lead inspection report must be developed by the certified Lead Inspector or Risk Assessor
that includes the information specified in Section 295.212(a)(4) of the TELRR, such as, among other
things, the date of inspection, address of building sampled, specific locations (building components)
tested for lead-based paint, and copies of all lab analysis reports and downloaded XRF data.
Lead Hazard Screens:
Any lead-hazard screen conducted in target housing or child-occupied facilities must de done onsite
by a certified Lead Risk Assessor in accordance with the TELRR. A lead-hazard screen is an
activity that involves limited paint and dust sampling to determine the presence of a lead-based paint
hazard. The screen includes the collection of background information regarding the physical
characteristics of the residential dwelling or child-occupied facility and occupant use patterns that
may cause lead-based paint exposure to one or more children six years of age or younger. It also
includes a visual inspection to determine if any deteriorated paint is present, and to locate at least
two dust sampling locations. If deteriorated paint is present, each surface with deteriorated paint and
having a distinct painting history shall be tested, using approved documented methodologies, for the
presence of lead-based paint (chemical test wipe [swab] kits are not an approved method as they
give inaccurate results for TELRR purposes). In residential dwellings, two composite dust samples
shall be collected, one from the floors and the other from the windows, in rooms, hallways, or
stairwells where one or more children, age six or younger, are most likely to come in contact with
dust. In multi-family dwellings and child-occupied facilities, in addition to the aforementioned floor
and window samples, the certified Lead Risk Assessor shall also collect composite dust samples
from any common areas where one or more children six years of age or younger are likely to come
into contact with dust. Any dust samples collected must be sent to a EPA-Recognized Laboratory
(accredited through the National Lead Laboratory Accreditation Program - NLLAP) for analysis to
determine the presence of any lead in the sample. To inquire about these EPA-recognized
laboratories, call the National Lead Information Center toll-free at (800) 424-LEAD or view the
current listing at the EPA website http://www.epa.gov/lead/pubs/nllaplist.pdf.
The certified Lead Risk Assessor shall prepare a written lead hazard screen report that includes the
information required in a risk assessment report as specified in Section 295.212(c) of the TELRR,
excluding paragraphs (11)(P)-(R), such as, among other things, the date of the screen, physical
address of the building sampled, specific locations of each building component tested for lead-based
paint and dust-lead hazards, copies of all lab analysis reports and downloaded XRF data, and include
recommendations concerning the desirability for follow-up risk assessments. A dust-lead hazard is
present when dust sample results are equal to or greater than 40 μg/ft2 for floors and 250 μg/ft2 for
interior window sills.
Lead Risk Assessments:
A risk assessment is an on-site investigation to determine the existence, nature, severity, and location
of lead-based paint hazards and the presence of lead in deteriorated paint and friction surfaces. The
certified Lead Risk Assessor must prepare a written lead risk assessment report that includes the
information specified in Section 295.212(c) of the TELRR, such as, among other things, the date of
the risk assessment, physical address of the building sampled, specific locations of each building
component tested for lead-based paint, copies of all lab analysis reports and downloaded XRF data,
and an explanation of the results of the investigation and options for reducing lead-based paint
hazards including a description of interim controls (i.e., operations and maintenance) and/or
abatement options for each lead-based paint hazard. If an encapsulant or enclosure is recommended,
then a maintenance and monitoring schedule shall be included in the risk assessment report. A dustlead
hazard is present when dust sample results are equal to or greater than 40 μg/ft2 for floors and
250 μg/ft2 for interior window sills. A soil-lead hazard from lead-based paint is present when a play
area sample of bare soil is equal to or greater than 400 parts per million (ppm); or in the rest of the
yard (i.e., non-play areas) when the bare soil sample is equal to or greater than 1,200 ppm.
Lead Abatements and Clearance Issues:
According to the TELRR, lead abatement includes any measure or set of measures designed to
permanently eliminate lead-based paint hazards. Abatement includes the removal of paint and dust,
3
the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or
fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in
such paint, dust or soil. Furthermore, abatement includes all preparation, cleanup, disposal, and
post-abatement clearance testing activities associated with such measures.
Abatement projects include projects for which there is a written contract or other documentation,
which provides that an individual or firm will be conducting activities in or to target housing or
child-occupied facilities that shall result in the permanent elimination of lead-based paint hazards,
lead contaminated dust or soil hazards, and other lead-based paint hazards. In accordance with
Section 295.212(d)(13) of the TELRR, dust wipe clearance levels for abatements are less than
40μg/ft2 for floors/carpets; less than 250μg/ft2 for window sills; and less than 400μg/ft2 for window
troughs (wells).
All lead-based paint abatements in target housing or child-occupied facilities usually must have as a
minimum the following certified entities involved: a certified Lead Abatement Firm; a certified
Lead Abatement Supervisor to oversee the project; certified Lead Abatement Workers to work under
an abatement supervisor; and a certified Lead Inspector or Lead Risk Assessor to do clearance
testing of the abatement. All samples collected in connection with an abatement, including clearance
samples, must be sent to an EPA-Recognized Laboratory for analysis. Larger projects may require
the services of a certified Lead Abatement Project Designer. Certified individuals working on an
abatement site are required to have in their possession a current department-issued certification
identification (ID) card. Additionally, in accordance with Section 295.212(d)(5) of the TELRR, a
certified Lead Abatement Supervisor or a certified Lead Abatement Project Designer must develop a
written Occupant Protection Plan for each abatement project, and this document must be at the
worksite at all times during the abatement activity by the certified Lead Abatement Firm. Unless
presumed lead, a copy of the lead inspection or lead risk assessment report prepared for the lead
abatement project shall be kept at the worksite by the certified lead abatement firm and be available
for department inspection in accordance with 295.212(d)(6). Specific work practice standards, as
referenced in Section 295.212(d)(7) of the TELRR, must be followed at all abatement jobs.
Notifying DSHS of Lead-Based Paint Abatement Activity:
Notification of each abatement project, as per Section 295.214 of the TELRR, is required to be made
by the certified Lead Abatement Firm to the DSHS Environmental Health Notifications Group
(EHNG) in Austin, and to the appropriate DSHS Regional Office at least seven (7) working days
prior to the abatement job. Furthermore, it is the responsibility of the certified Lead Abatement
Firm to notify the DSHS Notifications Group and the appropriate DSHS Regional Office
(http://www.dshs.state.tx.us/elp/regions.shtm) of any amendments, cancellations, or emergency
notifications.
Exclusions to Abatements:
The TELRR, under Section 295.202(51)(B), specifically excludes from the definition of abatement
any renovation, remodeling, and landscaping activities which are not designed to permanently
eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given
structure or dwelling, even though these activities may incidentally result in a reduction or
elimination of lead-based paint hazards. However, if activities being conducted are intended to
permanently eliminate lead hazards, these activities are considered abatement. This is determined
when abatement is specified in project specifications, job write-ups, bid contracts, or similar
documents. When the primary purpose of work is rehabilitation with no intent to permanently
remove lead-based paint, this activity is not considered abatement. However, if any part of the
rehabilitation project involves funds with the intent to permanently remove lead-based paint, then
this activity must be considered abatement and is subject to the TELRR. The TELRR definition of
abatement also excludes interim control activities, operations and maintenance activities, or other
measures designed to only temporarily, but not permanently, reduce lead-based paint hazards. Also,
the definition of abatement excludes demolition of target housing buildings and child-occupied
facilities.
4
For More Information:
Please contact the Department of State Health Services at 512-834-6600, ext. 2434, or toll-free in
Texas at 888-778-9440 if you have any lead-based paint questions. You can also visit the DSHS
website concerning lead-based paint at http://www.dshs.state.tx.us/elp to download certification
applications and the TELRR, and to obtain further information.
G:\lead\handouts\telrrsum.doc
Lead-Based Paint Rules
Policy, Standards, & Quality Assurance Unit, Environmental Health Group June 2007
Background:
On February 19, 1996, the Department of State Health Services (DSHS) promulgated the Texas
Environmental Lead Reduction Rules (TELRR). These rules cover several areas of lead-based paint
activities in housing (also known as “target housing” in the TELRR), including the training and
certification of persons conducting lead inspections, risk assessments, abatements, and project
design. The rules require that lead training providers be accredited by the DSHS and also set
standards for conducting lead-based paint activities. DSHS amended its rules on May 10, 1998, to
include child-occupied facilities thus allowing the state to obtain U.S. Environmental Protection
Agency (EPA) authorization for a state program pursuant to Section 404 of the Toxic Substances
Control Act (TSCA). Then, on March 18, 1999, the State of Texas obtained EPA authorization to
administer a Lead-Based Paint Training and Certification Program. On January 5, 2001, the EPA
amended Title 40 CFR, Part 745, entitled “Lead; Identification of Dangerous Levels of Lead; Final
Rule,” which established standards for identifying lead-based paint hazards, work clearance levels,
and added amendments to dust and soil sampling requirements. DSHS amended its rules on March
23, 2003, to accommodate these changes and to clarify existing rule language for improved
implementation. On December 24, 2004, DSHS amended its rules again to: 1) accommodate the
requirement that certifications and accreditations must be two years in length (instead of three years)
in accordance with House Bill 2292, 78th Legislature, 2003; and 2) to allow for the collection of
license fees online in accordance with Senate Bill 1152, 78th Legislature, 2003, which amended
Government Code, Section 2054.111.
Applicability:
The TELRR applies to target housing and child-occupied facilities built before January 1, 1978.
Exclusions, under Section 295.201(b)(2), are housing for the elderly or persons with disabilities,
unless a child who is six years of age or younger resides or is expected to reside in that housing, nor
do the rules apply to target housing with zero bedrooms. These rules also do not apply to
homeowners performing lead-based paint activities in dwellings that they own, unless a person or
persons other than the owner or the owner’s immediate family occupy the dwelling while the lead
activities are being performed. Furthermore, under Section 295.202(69)(B), since a residential
dwelling unit is defined as a structure which is occupied, or intended to be used or occupied, in
whole or in part, as the home or residence of one or more persons, demolishing of “housing” not
meeting this definition is excluded from these rules.
Lead-Based Paint Inspections:
Any lead-based paint inspection conducted in target housing or child-occupied facilities must be
conducted by a certified Lead Inspector or Risk Assessor in accordance with the TELRR. A leadbased
paint inspection is a surface-by-surface investigation using approved documented
methodologies to determine the presence of lead-based paint in these facilities. If only an
assumption is made that lead-based paint may be present (no testing or sampling conducted), a
certified Inspector or Risk Assessor is not required. Paint-chip collection and/or XRF (X-ray
fluorescence) analysis are common ways to determine the presence of lead-based paint while
chemical test wipe (swab) kits are not an approved method as they give inaccurate results for
TELRR purposes. Paint-chip, soil, or dust samples must be sent to an EPA-Recognized Laboratory
(accredited through the National Lead Laboratory Accreditation Program - NLLAP) for analysis to
determine the presence of any lead in the sample. To inquire about these EPA-recognized
laboratories, call the National Lead Information Center toll-free at (800) 424-LEAD or view the
current listing at the EPA website http://www.epa.gov/lead/pubs/nllaplist.pdf.
2
A written lead inspection report must be developed by the certified Lead Inspector or Risk Assessor
that includes the information specified in Section 295.212(a)(4) of the TELRR, such as, among other
things, the date of inspection, address of building sampled, specific locations (building components)
tested for lead-based paint, and copies of all lab analysis reports and downloaded XRF data.
Lead Hazard Screens:
Any lead-hazard screen conducted in target housing or child-occupied facilities must de done onsite
by a certified Lead Risk Assessor in accordance with the TELRR. A lead-hazard screen is an
activity that involves limited paint and dust sampling to determine the presence of a lead-based paint
hazard. The screen includes the collection of background information regarding the physical
characteristics of the residential dwelling or child-occupied facility and occupant use patterns that
may cause lead-based paint exposure to one or more children six years of age or younger. It also
includes a visual inspection to determine if any deteriorated paint is present, and to locate at least
two dust sampling locations. If deteriorated paint is present, each surface with deteriorated paint and
having a distinct painting history shall be tested, using approved documented methodologies, for the
presence of lead-based paint (chemical test wipe [swab] kits are not an approved method as they
give inaccurate results for TELRR purposes). In residential dwellings, two composite dust samples
shall be collected, one from the floors and the other from the windows, in rooms, hallways, or
stairwells where one or more children, age six or younger, are most likely to come in contact with
dust. In multi-family dwellings and child-occupied facilities, in addition to the aforementioned floor
and window samples, the certified Lead Risk Assessor shall also collect composite dust samples
from any common areas where one or more children six years of age or younger are likely to come
into contact with dust. Any dust samples collected must be sent to a EPA-Recognized Laboratory
(accredited through the National Lead Laboratory Accreditation Program - NLLAP) for analysis to
determine the presence of any lead in the sample. To inquire about these EPA-recognized
laboratories, call the National Lead Information Center toll-free at (800) 424-LEAD or view the
current listing at the EPA website http://www.epa.gov/lead/pubs/nllaplist.pdf.
The certified Lead Risk Assessor shall prepare a written lead hazard screen report that includes the
information required in a risk assessment report as specified in Section 295.212(c) of the TELRR,
excluding paragraphs (11)(P)-(R), such as, among other things, the date of the screen, physical
address of the building sampled, specific locations of each building component tested for lead-based
paint and dust-lead hazards, copies of all lab analysis reports and downloaded XRF data, and include
recommendations concerning the desirability for follow-up risk assessments. A dust-lead hazard is
present when dust sample results are equal to or greater than 40 μg/ft2 for floors and 250 μg/ft2 for
interior window sills.
Lead Risk Assessments:
A risk assessment is an on-site investigation to determine the existence, nature, severity, and location
of lead-based paint hazards and the presence of lead in deteriorated paint and friction surfaces. The
certified Lead Risk Assessor must prepare a written lead risk assessment report that includes the
information specified in Section 295.212(c) of the TELRR, such as, among other things, the date of
the risk assessment, physical address of the building sampled, specific locations of each building
component tested for lead-based paint, copies of all lab analysis reports and downloaded XRF data,
and an explanation of the results of the investigation and options for reducing lead-based paint
hazards including a description of interim controls (i.e., operations and maintenance) and/or
abatement options for each lead-based paint hazard. If an encapsulant or enclosure is recommended,
then a maintenance and monitoring schedule shall be included in the risk assessment report. A dustlead
hazard is present when dust sample results are equal to or greater than 40 μg/ft2 for floors and
250 μg/ft2 for interior window sills. A soil-lead hazard from lead-based paint is present when a play
area sample of bare soil is equal to or greater than 400 parts per million (ppm); or in the rest of the
yard (i.e., non-play areas) when the bare soil sample is equal to or greater than 1,200 ppm.
Lead Abatements and Clearance Issues:
According to the TELRR, lead abatement includes any measure or set of measures designed to
permanently eliminate lead-based paint hazards. Abatement includes the removal of paint and dust,
3
the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or
fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in
such paint, dust or soil. Furthermore, abatement includes all preparation, cleanup, disposal, and
post-abatement clearance testing activities associated with such measures.
Abatement projects include projects for which there is a written contract or other documentation,
which provides that an individual or firm will be conducting activities in or to target housing or
child-occupied facilities that shall result in the permanent elimination of lead-based paint hazards,
lead contaminated dust or soil hazards, and other lead-based paint hazards. In accordance with
Section 295.212(d)(13) of the TELRR, dust wipe clearance levels for abatements are less than
40μg/ft2 for floors/carpets; less than 250μg/ft2 for window sills; and less than 400μg/ft2 for window
troughs (wells).
All lead-based paint abatements in target housing or child-occupied facilities usually must have as a
minimum the following certified entities involved: a certified Lead Abatement Firm; a certified
Lead Abatement Supervisor to oversee the project; certified Lead Abatement Workers to work under
an abatement supervisor; and a certified Lead Inspector or Lead Risk Assessor to do clearance
testing of the abatement. All samples collected in connection with an abatement, including clearance
samples, must be sent to an EPA-Recognized Laboratory for analysis. Larger projects may require
the services of a certified Lead Abatement Project Designer. Certified individuals working on an
abatement site are required to have in their possession a current department-issued certification
identification (ID) card. Additionally, in accordance with Section 295.212(d)(5) of the TELRR, a
certified Lead Abatement Supervisor or a certified Lead Abatement Project Designer must develop a
written Occupant Protection Plan for each abatement project, and this document must be at the
worksite at all times during the abatement activity by the certified Lead Abatement Firm. Unless
presumed lead, a copy of the lead inspection or lead risk assessment report prepared for the lead
abatement project shall be kept at the worksite by the certified lead abatement firm and be available
for department inspection in accordance with 295.212(d)(6). Specific work practice standards, as
referenced in Section 295.212(d)(7) of the TELRR, must be followed at all abatement jobs.
Notifying DSHS of Lead-Based Paint Abatement Activity:
Notification of each abatement project, as per Section 295.214 of the TELRR, is required to be made
by the certified Lead Abatement Firm to the DSHS Environmental Health Notifications Group
(EHNG) in Austin, and to the appropriate DSHS Regional Office at least seven (7) working days
prior to the abatement job. Furthermore, it is the responsibility of the certified Lead Abatement
Firm to notify the DSHS Notifications Group and the appropriate DSHS Regional Office
(http://www.dshs.state.tx.us/elp/regions.shtm) of any amendments, cancellations, or emergency
notifications.
Exclusions to Abatements:
The TELRR, under Section 295.202(51)(B), specifically excludes from the definition of abatement
any renovation, remodeling, and landscaping activities which are not designed to permanently
eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given
structure or dwelling, even though these activities may incidentally result in a reduction or
elimination of lead-based paint hazards. However, if activities being conducted are intended to
permanently eliminate lead hazards, these activities are considered abatement. This is determined
when abatement is specified in project specifications, job write-ups, bid contracts, or similar
documents. When the primary purpose of work is rehabilitation with no intent to permanently
remove lead-based paint, this activity is not considered abatement. However, if any part of the
rehabilitation project involves funds with the intent to permanently remove lead-based paint, then
this activity must be considered abatement and is subject to the TELRR. The TELRR definition of
abatement also excludes interim control activities, operations and maintenance activities, or other
measures designed to only temporarily, but not permanently, reduce lead-based paint hazards. Also,
the definition of abatement excludes demolition of target housing buildings and child-occupied
facilities.
4
For More Information:
Please contact the Department of State Health Services at 512-834-6600, ext. 2434, or toll-free in
Texas at 888-778-9440 if you have any lead-based paint questions. You can also visit the DSHS
website concerning lead-based paint at http://www.dshs.state.tx.us/elp to download certification
applications and the TELRR, and to obtain further information.
G:\lead\handouts\telrrsum.doc
