Inspecting for Lead-based Paint Chapter 1 Course Overview Lead - PDF document

Health Effects of Lead Exposure High Risk Jobs — Construction • Lead abatement • Steel welders and workers cutters • Carpenters • Sheet metal workers • Remodelers • Painters • Renovators • Plumbers • Demolition workers • Pipe fitters • Iron workers • Cable splicers 13 13 High Risk Jobs- Industry • Lead miners • Plastic manufacturers • Lead smelter • Wire and cable workers manufacturers • Lead refinery • Electronics makers workers • Lead crystal makers • Others • Ceramic glaze manufacturers 14 14 High Risk Jobs — Others • Firing range • Car mechanics employees • Printers • Police officers • Scrap yard workers • Artists • Recyclers • Radiator repair workers 15 15 5 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Health Effects of Lead Exposure What Happens to Lead in the Body? • Absorbed • Distributed – red blood cells – soft tissue – bone • Eliminated – kidneys – gastrointestinal system (GI tract) – perspiration 16 16 Distribution Soft Tissue BoneTissue Sweat Hair Upper Nails Lungs INHALATION Respiratory Blood Ways Blood Kidneys Urine Colon INGESTION Pharynx GI Tract Feces Liver 17 17 Deposition Where is lead stored in the body? For how long? • Blood 5-10%, half-life ~ 1 month • Kidney 5-10%, half-life ~ 1 month • Bone 80-90%, half-life ~ 25 years 18 18 6 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Health Effects of Lead Exposure Symptoms — Acute • Colicky abdominal • Weakness pain • Muscle pain • Constipation • Vomiting • Diarrhea • Tremors • Brain damage • Drowsiness • CNS • Restlessness • Irritability • Destruction of red • Fatigue blood cells 19 19 Affects of Chronic Exposure • Impaired blood • High blood pressure formation • Reproductive • Central nervous system system • Damage to • Peripheral nervous developing fetus system 20 20 Adult Reactions to Lead • 15 µg/dL – increase blood pressure – effects on fetus – joint and muscle aches • 25 µg/dL – reproductive problems • 40 µg/dL – kidney – blood formation 21 21 7 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Health Effects of Lead Exposure Adult Reactions to Lead • 60  g/dL – memory and – anemia concentration – nerve damage problems – constipation – clumsiness – stomach pains – drowsiness – irritability – sleep problems – fatigue 22 22 Adult Reactions to Lead • 80  g/dL and above – blue line on gums – hallucinations – shaking of hands – brain damage and wrist – coma – wrist and foot drop – death 23 23 Biological Evaluation • The blood lead level is the best initial measurement for evaluating lead exposure. • The blood lead level – indicates the amount of lead circulating in the blood stream – may be a measure of recent exposure 24 24 8 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Health Effects of Lead Exposure Level of Concern in Children • CDC 60  g/dL – 1970 40  g/dL – 1971 30  g/dL – 1975 25  g/dL – 1985 10  g/dL – 1991 25 25 Treatment • First step: remove person from exposure – parent education – nutrition counseling – child evaluation – medication • chelating agents 26 26 Understand the Health Hazards • Help prevent lead poisoning • Encourage inspectors to protect themselves and their families from lead exposure • Enable inspectors to educate property owners and residents Lead 27 27 9 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Medical Surveillance Objective: To present information about medical surveillance programs on lead abatement projects. Medical Surveillance Medical Surveillance Program • usually provided by a physician • must be in writing • designed to assess and monitor workers’ health and fitness (before, during and after) • provides for regular and emergency medical treatment • explains how to keep accurate records Medical Surveillance Two Levels of Medical Surveillance • Initial medical surveillance if an employee is exposed at or above the Action Level for at least one day per year. • Full medical surveillance program if the employee is exposed at or above the Action Level for more than 30 days in a year. Medical Surveillance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Initial Medical Surveillance • consists of testing blood for lead and zinc protoporphyrin (ZPP) levels. • OSHA accepts the free erythrocyte protoporphyrin (FEP) test as equivalent to ZPP for determining lead poisoning. Medical Surveillance Full Medical Surveillance • blood check every 2 months for first 6 months on job; twice a year after that • monitoring work history and symptoms, and performing a physical examination • documentation of the medical surveillance program • assessing base blood-lead levels • monitoring changes with time • assessing occupational Vs other sources of lead Medical Surveillance Who Participates? • all employees exposed to lead at or above the action level (30 ug/m 3 >30 days per year) • all potentially exposed employees if the employer has reason to believe they will be exposed at or above the Action Level for more than 30 days per year • recommended for all workers on LBP abatement sites Medical Surveillance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Medical Examination To be performed: • as soon as employer has reason to believe the employee will be exposed > AL for >30 days/year • at least annually if blood tests have been > 40 ug/dl within preceding 12 months • as soon as employee exhibits symptoms • for employees medically removed Medical Surveillance Medical Exam Consists Of:  detailed work and medical history  thorough physical examination  blood pressure measurement  blood sample and analysis  routine urinalysis  pregnancy or male fertility testing (if requested by the employee) Medical Surveillance Second Opinion Employees may consult another physician for a second opinion, to review initial results, or conduct an examination and laboratory testing. Medical Surveillance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Information for Examining Physician  copy of OSHA Construction Lead Standard including appendices  job description of affected employee relative to lead exposure  employee’s present or anticipated exposure level  description of any PPE to be used by employee  blood-lead levels recorded in the past  all written medical opinions in employer’s Medical Surveillance possession Written Medical Opinions • Work-related exam results are given to the employer by the physician. • Employees have a right to see all test results of their examinations within five days of employer receipt. • Information contained on exam report: • medical conditions likely to increase risk • special protective measures needed • limitations on the use of a respirator • results of blood tests (lead-level, ZPP, etc.) Medical Surveillance Medical Removal • Employee can be removed either because of BLL test results [2 blood tests > 50 ug Pb/dl] , or by recommendation of the physician. • Employee receives same pay & benefits for at least 18 months. • Employee can be assigned other duties in areas where exposure is <AL. Medical Surveillance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Medical Surveillance Record Keeping Employers must retain the following employee information for at least 30 years after the employee leaves the job: • Name, social security number and job description • Copy of physician’s medical opinion. • Results of airborne exposure monitoring done for that employee and representative values provided to the physician. • Any employee complaints related to lead exposure. Medical Surveillance Conclusion • Medical surveillance is an important part of the employer’s health and safety program. • This description of the medical surveillance program is the minimum requirement for the employer. • Some health professionals recommend more frequent BLL monitoring and lower allowable BLLs. Medical Surveillance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Re Respir spiratory y Pro Protection Objective: • To present information on various types of respirators: how to use and maintain them, and their limitations. Definition: Definition: “A respirator is a personal device designed to protect the wearer from the inhalation of hazardous atmospheres.” (ANSI Z88.2, 1992) Re Respir spiratory y Pro Protection • Respirators are the last option after: – engineering controls – administrative controls – work practices – alternative materials – other methods Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 1

Exp Exposur sure Asse Assessmen ssment • know potential airborne hazards • assume a hazard is present until assessment is complete • testing to be performed by competent person Employe Employer Respo Re sponsi sibilities • employees must have proper protection • employees must be medically fit • employees must be trained • required fit testing • written respiratory protection program Selection of Selec f Re Respir spirators • use only approved respirators • what you need to know when selecting respirators • other important factors Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 2

Ty Types s of f Re Respir spirators • air-purifying respirators – negative-pressure air purifying respirators – powered air-purifying respirators • supplied-air respirators • self-contained breathing apparatus Table J-1 Respirator Cartridge Color Codes Atmospheric Contaminants to Be Protected Against Color Assigned 1 Acid Gases White Hydrocyanic acid gas White with ½ inch green stripe completely around the canister near the bottom Organic vapors Black Ammonia gas Green Acid gases and ammonia gas Green with ½ inch white stripe around the canister near the bottom Carbon monoxide Blue Acid gases and organic vapors Yellow Hydrocyanic acid gas and chloropicrin vapor Yellow with ½ inch blue stripe completely around the canister near the bottom Acid gases, organic vapors, and ammonia gases Brown Radioactive particles, asbestos, lead Purple (Magenta) (High Efficiency Particulate Filter) Particles (dusts, fumes, mist, fogs, or smoke) Canister color for contaminant as designated above, in combination with any of the above gases with ½ inch gray stripe completely around the canister or vapors near the top All of the above atmospheric contaminants Red with ½ inch gray stripe completely around the canister near the top 1 Gray shall not be assigned as the main color for a canister designed to remove acids or vapors. Note: Orange shall be used as a complete body, or stripe color to represent gases not included in this table. The user will need to refer to the canister label to determine the degree of protection the canister will afford. For LEAD particles or fume the cartridge for PARTICLES is needed. It has a high-efficiency HEPA filter which is purple (magenta). Pro Protection Factors • contaminants inside the respirator • ratio of contaminant inside to outside • who determines protection factor Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 3

Table J-2 RESPIRATORY PROTECTION FOR LEAD AEROSOLS (OSHA) Airborne Concentration of Lead Required Respirator 1 or Condition of Use Not in excess of 500 µg/m 3 -½ mask air purifying respirator with high efficiency filters 2,3 . Not in excess of 1,250 µg/m 3 -Loose fitting hood or helmet powered air purifying respirator with high efficiency filters 3 . -Hood or helmet supplied air respirator operated in a continuous-flow mode. Not in excess of 2,500 µg/m 3 -Full facepiece air purifying respirator with high efficiency filters 3 . -Tight fitting powered air purifying respirator with high efficiency filters 3 . -½ mask or full facepiece supplied air respirator operated in a continuous- flow mode. Not in excess of 50,000 µg/m 3 -½ mask supplied air respirator operated in pressure demand or other positive- pressure mode. Not in excess of 100,000 µg/m 3 -Full facepiece supplied air respirator operated in pressure demand mode. Greater than 100,000 µg/m 3 -Full facepiece SCBA operated in pressure demand unknown concentration, or fire or other positive-pressure mode. fighting... 1 Respirators specified for higher concentrations can be used at lower concentrations of lead. 2 Full facepiece is required if the lead aerosols cause eye or skin irritation at the use concentrations. 3 A high efficiency particulate filter (HEPA) means a filter that is a 99.97 percent efficient against particles of 0.3 micron size or larger. Table J-3 Type of Respirator APF* ½ mask air-purifying (HEPA filter) 10 loose-fitting hood or helmet powered air-purifying (HEPA filter) 25 hood or helmet supplied-air - continuous flow mode 25 tight-fitting powered air-purifying (HEPA) 50 full facepiece air-purifying (HEPA) 50 ½ mask or full facepiece supplied air - continuous flow mode 50 ½ mask supplied air in pressure-demand mode 1,000 full facepiece supplied air in pressure-demand mode 2,000 full facepiece SCBA in pressure-demand mode >2,000 *Assigned Protection Factor Respirator Respirator Fit Fit • initial fit test and re-testing requirement • types of fit tests – qualitative • depends upon ability of wearer to detect irritant inside respirator – quantitative • substance measured inside & outside of respirator Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 4

Fit Checks Fit Checks • rationale for the fit check • negative pressure check – why - how - when • positive pressure check – why - how - when Other Imp Important Issues Issue • Medical fitness to wear a respirator • Facial hair & respiratory protection • Care & cleaning of respirators • Inspection of respirators • Cleaning & disinfection • Repairs • Storage Re Respir spiratory y Program Pro • Minimum Requirements: – cleaning & – written SOP disinfection – MSHA/NIOSH – respirator storage certified respirators – inspection & repair – appropriate for – work area hazard monitoring – training of wearer – medical review – individual – annual evaluation respirators of respiratory program Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 5

NIOS IOSH Recomme Re mmendation "Respiratory protection may be necessary for certain operations or methods such as paint removal by chemicals, heat gun, or abrasive techniques, and some set-up, and cleaning operations. However, respirators are the least preferred method of controlling airborne lead exposure, and they should not be used as the only means of preventing or minimizing exposures. Respiratory protection requirements are not an acceptable substitute for adequate training, supervision, appropriate engineering controls, and environmental or medical monitoring. Initial respiratory protection requirements for abatement work (which may be based on conservative assumptions) should be modified with appropriate job-specific requirements based on air monitoring results. Respirator selection for each job category at every worksite should be determined by an industrial hygienist or other qualified individual, based on maximum airborne exposures measured." Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 6

Pro Protective ve Clot Clothing & Eq Equipme ment Objective: • To present information on various types of protective equipment: how to use and maintain them, and their limitations. Important Imp Ag Agencies • NIOSH - National Institute for Occupational Safety and Health – research & recommendations • ANSI - American National Standards Institute – research & recommendations • OSHA - Occupational Safety and Health Administration – sets and enforces standards Protective Clothing & Equipment Important PP Imp PPE E Sta Standards 1926.62(g) Protective work clothing and equipment 1910.132 & 1926.95 General requirements for full-body protection 1910.133 & 1926.102 Eye and face protection 1910.135 & 1926.1001 Head protection 1910.136 & 1926.96 Foot protection 1926.101 & 1926.101 Hearing protection 1910.95 (c) Noise and hearing conservation 1910.120(g)(3), 120(g)(5) PPE Program 1910.120 Appendix B Levels of protection and protective gear 1910.1200 Hazard communication 1926.59 Hazard comm. in construction Protective Clothing & Equipment Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 1

PP PPE E Spe Specified fied in OSH SHA A 1926.62 • Provision and use of PPE – when PPE is required – who pays for PPE? • Cleaning and replacement of PPE – replacement dependent on exposure – who cleans clothing? – how can clothing be cleaned? Protective Clothing & Equipment Wa Warning fo for Clot Clothing Cleaner Clea • Caution: Clothing contaminated with lead: do not remove dust by blowing or shaking. Dispose of lead contaminated wash water in accordance with applicable local, state, or federal regulations. Protective Clothing & Equipment Per Person sonal Pro Protective ve Equipme Equ ment (PP (PPE) E) • Full Body Protection • Head Protection • Eye Protection • Hand Protection • Foot Protection • Hearing Protection • Donning/Doffing Protective Clothing Protective Clothing & Equipment Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 2

NIOSH Recommendations "Facilities for worker personal hygiene should be improved to minimize workers' exposure to lead through ingestion, and carry-home of lead contamination. Adequate washing facilities including running hot and cold water. Wherever feasible, showers, should be provided at the work site so that workers can remove lead particles from skin and hair. Contractors should arrange for collection and disposal of the wastewater in accordance with local and state requirements. Wherever feasible, contractors should supply a portable trailer to contain storage, washing facilities, and clean areas. "All workers exposed to lead should wash their hands and faces before eating, drinking, or smoking, and they should not eat, drink, or use tobacco products in the work area, or other potentially contaminated areas on site. Tobacco and food products should never be permitted in the work area. Contaminated work clothes should be removed before eating." Protective Clothing & Equipment Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 3

Chapter 4 Inspecting for Lead-based Paint Regulatory Background Learning Objectives • Provide LBP inspectors with a regulatory history and summary of current lead regulations and guidance; • Explain how to comply with the laws regulating lead inspections and environmental sampling 2 History • Over the last three decades the federal government has reduced the risk of lead exposure with the following actions: – banned the use of lead in drinking water systems – banned the use of lead solder in food cans – virtually removed lead from gasoline – issued guidance on lead in dust and soil – established work practice standards – implemented a lead in construction standard 3 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 1

Title X • The Residential LBP Hazard Reduction Act of 1992 – switched the federal government’s focus from LBP to LBP hazards; – affects a number of other federal laws by amending their statutory language 4 Title X – Defines lead-based paint hazard as • “any condition that causes exposure to lead from – lead-contaminated dust, – lead-contaminated soil, or – lead-contaminated paint that is deteriorated or present on accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency.” 5 What is LBP? • Federal definition of LBP (pre-1978) – > 1.0 mg/cm 2 — XRF or laboratory analysis – > 0.5% or 5,000 ppm — laboratory analysis • CPSC’s definition of lead -containing paint – > 0.06% or 600 ppm (1978-2016) • CPSC’s NEW definition of lead -containing paint – > 0.009% or 9000 ppm (current) 6 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 2

Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) • Amended to include Title IV which addresses: – training and certification of lead-based paint detection and hazard control professionals; – training provider and laboratory accreditation; – health-based standards for dust, soil and lead-based paint; – real estate disclosure (most pre-1978 housing); – actions to reduce risks during renovation and remodeling 7 Housing & Urban Development (HUD) Notification, Evaluation and Reduction of Lead- Based Paint Hazards • Section 1012/1013 of Title X • Effective 15 September 2000 • Key Factors – Covers pre-1978 housing receiving Federal assistance and Federally-owned housing being sold – Revises and consolidates existing HUD regulations 8 HUD’s 1012/1013 Regulation • Requirements – lead hazard evaluation and control based on program – required activities vary by • type of assistance • amount of assistance or cost of rehabilitation – <$5,000 – $5,000-25,000 – >$25,000 9 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 3

HUD’s 1012/1013 Regulation • Strategies vary in stringency, cost, and durability, considering the statute, and – amount, type and duration of HUD assistance – age of housing – occupants (rental or owner-occupied) As s HUD involveme ment increase ses s with a resi sidential property, the resp sponsi sibilities s to protect children and fami milies s increase se. 10 Lead Hazard Evaluations • Three types of methods: – Visual assessment – Paint testing – Risk assessment (or lead hazard screen) 11 Lead Hazard Reduction Methods • Three types of methods: – Paint stabilization – Interim controls (or standard treatments) – Abatement of hazards • Clearance examination required – HUD dust lead hazard standards • floors 10 µg/ft 2 • sills 100 µg/ft 2 • window troughs/wells 100 µg/ft 2 12 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 4

HUD’s Prohibited Work Practices Prohibited Methods of Paint Removal  open flame burning or torching machine sanding or grinding without a high-efficiency  particulate air (HEPA) local exhaust control abrasive blasting or sandblasting without HEPA local  exhaust control heat guns operating above 1,100 degrees Fahrenheit, or  those that operate high enough to char the paint  dry sanding or dry scraping* paint stripping in a poorly ventilated space using a volatile  stripper that is a hazardous substance or chemical 13 Lead Disclosure Rule • Joint EPA and HUD regulation • Requires the following before a purchaser or lessee of target housing becomes obligated under contract : – Provide a copy of Protect Your Family From Lead in Your Home ; – Disclose the presence of any known lead-based paint or LBP hazards; 14 Lead Disclosure Rule For Sale – Sales/rental contract shall include a lead warning statement; – Purchaser shall be given at least 10 days to conduct a risk assessment or inspection • Lead-based paint free exemption: – Owners of rental properties that are found to have no surfaces coated with LBP are exempted from the lead disclosure requirements. 15 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 5

Training and Certification • Rules issued by EPA (40 CFR part 745) • Governs training and certification of lead professionals working in target housing or child-occupied facilities – Pre-1978, visited by the same child (age six or under), on at least two days per week, three hours per day, 60 hours per year. • Effective in all states and Indian Nations on 1 March 2000. 16 Certification of Individuals • Rule recognizes five disciplines: – Lead-based paint inspector – Risk assessor – Contractor/supervisor – Abatement worker – Project designer • Check with your state or tribe to determine if their regulations differ from the federal! 17 Certification of Firms • Firms that perform or offer to perform any of the LBP activities must – be certified – employ appropriately certified employees to conduct LBP activities – ensure that its employees follow the work practice standards for conducting LBP activities. 18 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 6

Re-certification • To maintain certification, individuals must – Apply to state, Indian tribe, or EPA, as applicable – Successfully complete a refresher course and exam from an accredited training provider • EPA and most states and tribes require refresher training every three years. 19 Work Practice Standards • All lead-based paint activities in target housing and child-occupied facilities – must use certified individuals – must follow documented methodologies • HUD Guidelines • EPA Guidance • other equivalent methods and guidelines (e.g., ASTM) – clearance levels established by EPA 20 Renovation, Repair & Painting Rule (RRP) • All renovations in target housings must use lead safe work practices (LSWP) – Renovators must be trained & certified – Renovation firms must be certified by EPA – LBP is presumed on building materials – Notification to Owner/Occupants required – Containment & Cleanup procedures – Cleaning verification – Recordkeeping 21 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 7

RRP Rule Summary: • In 2008, EPA issued a final rule under the authority of § 402(c)(3) of the Toxic Substances Control Act (TSCA) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead- based paint in “target housing” and “child -occupied facilities.” • Effective April 21, 2010 Abatements vs. Renovations 2 3 • Renovations are performed for many reasons, most having nothing to do with lead-based paint. • Renovations involve activities designed to update, maintain, or modify all or part of a building. • Renovations are covered by this rule. RRP Rule Scope 2 4 • Covers renovation, repair and painting activities that disturb lead-based paint in: – Target housing, which is housing constructed before 1978 except: • housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to reside in such housing); or • any 0-bedroom dwelling. – Child-occupied facilities • Includes kindergartens and child care centers Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 8

RRP Rule Scope 2 5 • Under this rule, a child-occupied facility is a building, or a portion of a building: – Constructed prior to 1978 and – Visited regularly by the same child, under 6 years of age on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. – Child-occupied facilities may be located in public or commercial buildings or in target housing. RRP Rule Scope 2 6 Excludes: • Renovations that affect only components that have been determined to be free of lead-based paint. • Minor repairs & maintenance – Under 6 square feet interior or 20’ exterior Opt-out provision: • Homeowners may choose to opt out of the rule’s requirements if they occupy the housing to be renovated, the housing is not a child-occupied facility, and no child under age 6 or pregnant woman resides there. Training and Certification Requirements 2 7 • To become certified, the following persons must take an 8-hour accredited training course: – “renovators”— individuals who perform and direct renovation activities, and – “dust sampling technicians”— individuals who perform dust sampling not in connection with an abatement. • The course completion certificate serves as certification for these individuals. • Refresher training is required every 5 years. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 9

Training and Certification Requirements 2 8 • Renovations must be performed by certified renovation firms using certified renovators and other workers that have received on- the-job training from certified renovators. • To become certified, renovation firms must submit an application to EPA and pay a fee (to be determined). • Firm re-certification is required every 5 years. Work Practice Requirements 2 9 • The certified renovator must direct the posting of signs outside the work area to warn occupants and others not involved in the renovation to remain clear of the area. • In addition, the certified renovator must also direct the containment of the work area so that dust or debris does not leave the area while the work is being performed. • Objects left in the work area, HVAC ducts, and floors must be covered with taped-down plastic, or other impermeable sheeting. Work Practice Requirements 3 0 • Specific cleaning steps (which must be directed by a certified renovator): – All paint chips and debris must be picked up. – Protective sheeting must be misted, folded dirty- side inward, and disposed of as waste. – Walls in the work area must be vacuumed with a HEPA vacuum or wiped with a damp cloth. – All other surfaces in the work area must be vacuumed with a HEPA vacuum and wiped with a damp cloth. Floors must be wet mopped, using the 2-bucket method or a wet mopping system. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 10

Work Practice Requirements 3 1 • A certified renovator must use wet disposable white cleaning cloths to wipe the windowsills, countertops, and uncarpeted floors in the work area. • These cloths must then be compared to a cleaning verification card. • If the cloth matches or is lighter than the cleaning verification card, that surface has passed the cleaning verification. • Surfaces that do not pass the first attempt must be re-cleaned. • Surfaces that do not pass on the second attempt must be allowed to dry and wiped with a white electrostatic cleaning cloth. Recordkeeping Requirements 3 2 • Recordkeeping: All documents must be retained for 3 years following the completion of a renovation. • Require post-renovation notification • Enforcement: – Lead-based paint is assumed to be present at renovations covered by this rule. – EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA § 11 (15 U.S.C. 2610) Enforcement 3 3 • Consolidated Enforcement Response and Penalty Policy – August 2010 – Determines level of reponse • Civil • Criminal – Assessing Penalties • Gravity based • History of violations • $150 (minor)- $37,500 (major) Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 11

EPA Leaded Dust & Soil Hazards • Dust – Floors 10 µg/ft 2 – Window Sills 100 µg/ft 2 • Soil – Interim controls - play areas 400 µg/g (ppm) - non-play 1,200 µg/g (ppm) – Abatement 5,000 µg/g (ppm) 34 HUD Guidelines • Guidelines for the Evaluation and Control of Lead- based Paint Hazards in Housing – published in 1995 – Chapter 7 revised in 1997 & 2012 • Chapter 7 provides a protocol for conducting LBP inspections 35 OSHA • Lead in Construction Standard (29 CRF 1926.62) – regulates lead exposure in the construction industry • permissible exposure level — 50 µg/m 3 , 8-hour time weighted average (TWA) • action level — 30 µg/m 3 , 8-hour TWA • Check with your state to see if they have a state OSHA plan. 36 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 12

OSHA • Respiratory Protection Standard (29 CFR 1910.134) – must be complied with if a respirator is provided to an employee – employers must have a written respiratory protection program – Inspectors must be • medically qualified • fit tested, and • trained in order to wear a respirator 37 Respiratory Protection • Situations during which an inspector may need a respirator – using a heat gun to collect paint-chip samples – conducting post-abatement clearance examinations – serving as a project monitor for the owner during an abatement project – others?? 38 EPA Regulations/Laws • Resource Conservation and Recovery Act (RCRA) - 1978 – governs federal hazardous waste disposal regulations POISON – defines type of hazardous waste and generators Hazardous – provides information on required procedures before, during and after disposal – many states and some localities are more stringent than federal – distinguishes between solid and hazardous waste • LBP debris is hazardous waste if Toxicity Characteristic Leachate Procedure (TCLP) determines leachable lead content > 5 ppm 39 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 13

EPA’s Drinking Water Regulations • Promulgated “National Primary Drinking Water Regulation for Lead” in 1986 – level of concern for Pb in drinking water — 15 ppb – requires 79,000 public water suppliers to monitor lead levels and apply treatment if necessary • requirements affect public water systems (PWS), not individual property owners 40 Differences in Regulations • State, tribal, or local regulations may conflict with the federal • The most stringent applicable regulations apply 41 NYC Local Law 1 of 2004 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 14

Local Law 1 of 2004 • Comprehensive law on lead paint in New York City housing • Replaces Local Law 38 of 1999 and Local Law 1 of 1982 • Effective Date – August 2, 2004 – Passed by Council December 15, 2003 – Vetoed by the Mayor – Council Override of Mayor’s Veto on February 4, 2004 Issues Addressed • Owner’s responsibility to maintain • HPD Enforcement • J51 • Day Care Centers • Other Owner Responsibilities • Remediate Lead Hazards • Notify Tenants and Investigate • Correct Lead Hazards Using Safe Work Practices • Make Apartments Lead Safe on Turnover • Do All Repairs and Renovations Using Safe work Practices • Provide information to HPD and tenants Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 15

Owner Responsibilities to Remediate Lead Hazards • Owners must prevent the reasonably foreseeable occurrence of lead hazards and remediate them, and the underlying defects that may cause lead hazards, using safe work practices – In apartments – In common areas • In pre-1960 building, paint is presumed to be lead paint Owner Responsibilities to Remediate Lead Hazards • A Lead Hazard is any condition that causes exposure to lead contaminated dust from: – Peeling lead based paint – Deteriorated sub-surfaces – Friction surfaces – Impact surfaces – Chewable surfaces Owner Responsibilities Remediate Lead Hazards • Friction Surface – Lead painted surfaces that abrade, scrape or bind • Chewable Surface – Any window sill reachable by a child whether intact or deteriorated – Any other edge or protrusion that: • Shows evidence of being chewed, or • Tenant has notified owner that it has been chewed Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 16

Owner Responsibilities Notify Tenants and Investigate • Obligation applies to – Pre-1960 multiple dwellings – Post-1960 to pre-1978 buildings where the owner knows that there is lead based paint • Must investigate dwelling units where children under 6 reside, and common areas, to find peeling paint, chewable surfaces, deteriorated sub surfaces, friction and impact surfaces • The investigation must be conducted annually, and more often if the owner knows of a condition that may cause a lead hazard, or the occupant complains about such a condition Owner Responsibilities Notify Tenants and Investigate • At Lease up and Renewal – Must inquire if child under 6 will live there – Lease must contain notice of owner’s responsibilities – Must provide pamphlet on lead paint hazards Owner Responsibilities Notify Tenants and Investigate • Annual Notice – Must send notice between January 1 and January 16 each year inquiring as to presence of child – Tenant must respond by February 15 – If no response, owner must inspect between February 16 and March 1 to determine presence of child – If no access must notify DOHMH – If there is a child, then must inspect to determine lead hazards – Must inform tenant of results of investigation Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 17

Owner Responsibilities Correct Lead Hazards • Owner must correct lead hazards that are found – Must use workers trained in lead safe practices – Must use third party for clearance dust test – Must provide clearance dust test results to tenants • Within 21 days, owner must correct any HPD violation issued – Must use EPA trained workers – Must use third party for clearance dust test – Must provide clearance dust test results to HPD Owner Responsibilities Lead Safe on Turnover • In all pre-1960 multiple dwelling units and pre-1960 private dwelling units that are not owner-occupied: – Remediate lead hazards – Make floors, sills and wells cleanable – Remove or permanently cover all lead on friction surfaces of doors, door frames and windows – Use safe work practices Owner Responsibilities Repair and Renovation • For any work of more than 2 sq ft in a pre-1960 multiple dwelling or 1960-78 multiple dwelling where the owner has actual knowledge of lead paint: – In a unit with a child or – In the common areas of building with a child • Must use workers trained in lead safe practices • Must use third party for clearance dust test • Must provide clearance dust test results to tenants • Must relocate if necessary Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 18

HPD Enforcement Inspections  HPD may not remove any violations from its records unless it has conducted a final inspection verifying remediation, and has copies of relevant dust tests.  HPD must mail a copy of the final inspection report and status to the occupant and owner Owner Responsibilities Repair and Renovation • For any work of more than 100 sq ft or the removal of two or more windows in a pre-1960 multiple dwelling or 1960-78 multiple dwelling where the owner has actual knowledge of lead paint: – In a unit with a child or – In common areas where there is a child in the building • Must use EPA certified firm • Clearance dust test must be done by third party • Must provide clearance dust test results to tenants • Must relocate if necessary • Must file with DOHMH 10 days prior to commencement Owner Responsibilities Repair and Renovation • Emergencies – The law specifically exempts from coverage work immediately necessary to safeguard against danger to life, health or safety Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 19

HPD Enforcement Inspections • Complaints from tenants – Must ask if there is child – Must inspect within 10 days HPD Enforcement Inspections • When doing inspection, HPD – Must ask tenant for acknowledgment of child – Must perform room by room inspection – Must record for each room whether surfaces are intact – Where peeling paint is found must record condition of underlying surface – Must record any underlying defect – Need not move furniture – Must send Notice of Violation within 10 days – Must leave lead pamphlet HPD Enforcement Inspections • Complaint-driven Inspections – Must XRF test conditions simultaneously with inspection • Line of Sight Inspections – Must XRF test within 10 days of noting peeling paint Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 20

Other Record Keeping • Owners who perform work pursuant to Local Law 1/2004 must – Retain all records relating to such work for ten years from the completion of the work – Make records available to HPD upon demand – Transfer records to the owner’s successor in title HPD Enforcement Inspections • Timeframes – Owner has 21 days to correct – Owner may seek two postponements of 14 days each • May grant longer postponement if pending capital work – Certifications must be submitted within 5 days of correction – HPD must re-inspect all violations within 14 days – ERP must correct within 45 days HPD Enforcement DOHMH Order to Abate • If DOHMH issues a COTA for a lead poisoned child in a multiple dwelling, within 15 days HPD must require the owner to submit to HPD all records of notification and investigation within 45 days. • If records show there may be lead hazards in other units with children under age 7, HPD will inspect all such units within 10 days • If the owner does not provide the records, HPD must inspect child occupied units in 45 days to determine if there are any lead violations. • The actions required of HPD are not applicable if HPD has inspected the building within the twelve months preceding the issuance of the COTA Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 21

J-51 Expanded Benefit • J-51 is available for abatement of lead hazards – In units occupied by children • Including the costs of – Permanent abatement – Inspection and risk assessment needed to do the abatement • Except that work performed to comply with a Notice of Violation under the new lead law is not eligible for benefits Day Care DOHMH Program for Day Care Peeling lead paint is prohibited. • Lead hazards must be remediated. • Equipment must have lead free paint. • If a non-complying condition is found, DOHMH must • serve the operator with an order to remediate. If the order is not complied within 45 days, DOHMH • must request an “agency of the City” to execute the order. That agency must execute the order in 45 days. Lead hazards must be remediated in compliance with • DOHMH safe work practices Other Coop-Condo Exception • Coop – Condo Exception – Local Law 1/2004 does not apply to multiple dwelling units where title is held by a coop or condo and the unit is occupied by the shareholder of record or his or her family • Tenants and subtenants retain protection of law – Validates agreements made between coop tenant shareholders and condo owners and coop and condo boards regarding allocation of responsibility for compliance with the lead law Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 22

Owner’s Form – Annual notice – Apartment number – Application for exemption – Notice of commencement – Acceptable encapsulation products – Dismissal request Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 23

X-ray Fluorescence Theory Inspecting for Lead-based Paint Chapter 5 (Part I) Learning Objectives • Provide inspectors with a working knowledge of X-ray fluorescence technology; • Describe the basic operating principles of portable XRF analyzers; • Introduce how XRF analyzers are used to conduct LBP inspections; • Introduce the principles of radiation safety; • Explain registration and licensing requirements of XRF instruments. Introduction • There are several methods used to test for lead in – Paint – Soil – Dust • All analytical methods are subject to some degree of error Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 1

Introduction (continued) • Two basic types of error in lead-based paint testing: – False negative • Failure to detect lead > the federal standard (1.0 mg/cm 2 or 0.5 % by weight) – False positive • Concluding that lead is present > federal standard, when it is not. X-ray Fluorescence (XRF) • Most common analytical technique used for detecting lead in paint • XRF exposes a paint surface to radiation (X rays and gamma rays) emitted from a source inside the instrument – Cobalt-57 isotope – Cadmium-109 isotope – 4 W X-ray tube, 200µA Basic graphic of X-ray fluorescence radioactive source detector Substrate LBP Non LBP Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 2

Basic Atomic Theory • Atoms are the basic building blocks of all things • Atoms have electrons that rotate in orbits or shells around a nucleus Basic Atomic Theory • The closer the orbit of the electron is to the nucleus, the more tightly bound those electrons are to the atom • Nucleus is made up of positively charged particles (protons) and, except for hydrogen, neutrons (carry no electrical charge) • Orbiting electrons carry a negative charge. – Like magnets — positive attracts negative Basic Atomic Theory • Different orbits (called “shells”) in the atom labeled sequentially starting with K, L, M... K shell L shell M shell N shell Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 3

Basic Atomic Theory • Gamma or X rays with sufficient energy can knock an atoms electrons out of orbit • When this happens, an electron from a higher shell “drops down” to fill the vacancy Basic Atomic Theory • Each time a vacancy is filled by an electron from another shell, a different energy X ray is emitted. • Portable XRF analyzers generate gamma rays of sufficient energy to knock out the K shell electrons – The atom generates characteristic K X rays Basic Atomic Theory • X rays from each element have a different frequency. – XRF analyzers can detect X rays of other elements in the paint or substrate, such as zinc and chromium – X rays emerge from the sample (paint) and enter the detector in the XRF analyzer • The more lead X rays “counted” by the detector, the more lead in the paint. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 4

Basic Atomic Theory • Some XRF analyzers display a spectrum or graph containing peaks at the energy levels of the most abundant elements in a sample. Basic Atomic Theory • Other XRF analyzers use the energy levels of characteristic lead X rays to filter and process only those pulses corresponding to lead – This method is employed by direct reading XRF analyzers. – Only a number is shown to the reader, no spectrum of lead or other elements. Half-life • Half-life — the time it takes half of the material to decay into another radionuclide or element. • All radioactive isotopes decay over time, whether in use or not . – This decay rate results in the intensity of the emission decreasing over time. • Half-life for 57 Co is approximately 9 months • Half-life for 109 Cd is approximately 15 months Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 5

Half-life • The cost of re-sourcing an XRF varies by manufacturer: – $1,000 to 3,500 per source, including factory calibration • Contact the manufacturer before shipping the instrument back for re-sourcing to ensure that a source is available. Radiation Safety Inspecting for Lead-based Paint Chapter 5 (Part 2) Health Effects of XRF Radiation • X rays and gamma rays are forms of ionizing radiation . • Ionizing radiation can be classified into two groups: – Photons (e.g., gamma and X rays) – Particles (e.g., beta particles, alpha particles) • All types of ionizing radiation can remove electrons. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 6

Health Effects of XRF Radiation • Human exposure to ionizing radiation can lead to damage depending on: – type of radiation involved – chemical form of the radiation – intensity of the radiation (amount of radiation and distance from the source) – energy – duration of exposure • The amount of radiation involved with any of the XRF analyzers is small if used properly!! Radiation Safety • Inspectors must handle the XRF analyzer with care. • The emission from the radioactive source is shielded to minimize the operator’s exposure. Radiation Safety • Use common sense and follow these rules: – Do not operate an XRF without thorough training; – Always handle the analyzer carefully; – NEVER point the shutter of an XRF at yourself or any other person; – Never open the shutter unless testing a surface; – The inspector is responsible for the security of the radioactive source. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 7

Radiation Safety • If an XRF is lost, report it immediately to state authorities!! Measuring Radiation Exposure • Ionizing radiation exposure is measured in roentgens. • The units of dosage are measured in roentgen equivalent man (rem) or one-one thousandths (1/1,000) of a rem (millirem or mrem) • The higher the dosage the greater the potential for adverse health effects. Natural Background Sources of Radiation • The largest contributor (~300 mrem/year) to an individual’s total radiation dose. • Main sources are: – radon, a naturally occurring gas – cosmic radiation – radioactive elements present in the earth’s crust – radioactive elements, present in the human body and building materials Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 8

Human-made Sources of Radiation • Contribute the remainder of the annual average radiation dose (~60 mrem) • Examples include – Medical X rays and nuclear medicine – Consumer products (e.g., smoke detectors, lantern mantles, tobacco) – Fallout from nuclear weapons testing – Nuclear reactors for power generation Radiation Exposure Limits • Two separate agencies have established exposure limits: – Nuclear Regulatory Commission (NRC) – OSHA • Which levels apply to the inspector depends upon whether the firm or agency is covered by federal or state OSHA Radiation Exposure Limits* Limits established Limits by NRC established by OSHA Whole body 5 rem/year (5,000 mrem/year) 1.25 rem/quarter Extremities 50 rem/year (50,000 mrem/year) 18.75 rem/quarter Eye 15 rem/year (15,000 mrem/year) Fetus 0.5 rem for the gestation period (500 mrem) * Maximum allowable dosages for occupationally exposed employees! Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 9

Average annual radiation dose Occupation Dose (m rem/ yr) Air line flight crew mem ber About 1,000 Nuclear power plant wor ker 700 Grand Centr al S tation worker 120 Medical personnel 70 University radi ation worker <10 Lead inspector using XR F 20 ALARA • A s • L ow • A s • R easonably • A chievable Factors Affecting Radiation Exposure • Time – The longer the exposure, the more chance of damage to human tissues. • Distance – Intensity diminishes very quickly with the distance between the person and the radiation source. • Shielding – A dense substance, (e.g., concrete) is placed between the source and an exposed individual. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 10

Radiation Monitoring • There is always the possibility of radiation exposure. • Inspectors should wear dosimeters to measure their exposure. – Dosimeters are small devices that measure and record the amount of radiation to which the device is exposed. – Never store a dosimeter with an XRF analyzer or expose it to heat (e.g., on the dashboard of a car) Radiation Monitoring • Two basic types of dosimeters – Ring dosimeters – Badge dosimeters • Should be worn by the inspector whenever carrying or using the XRF analyzer. • Any overexposure recorded should be reported to the Radiation Safety Officer (RSO) and the XRF manufacturer. Dosimeters Ring dosimeter Badge dosimeter Graphics courtesy of Landauer, Inc. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 11

Leak Testing • Qualified personnel (usually the RSO) should monitor the XRF analyzer periodically for radiation leakage. – Use a radiation survey meter – Every six months wipe the surface of the XRF and analyze for radioactive levels. • Maintain leak test results with the XRF analyzer at all times. Keep a copy in the office too! Using an XRF Inspecting for Lead-based Paint Chapter 5 (Part 3) Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 12

Performance Characteristics Sheets (PCS) • Provides detailed information necessary to conduct a LBP inspection using specific XRF instruments. • Only XRF instruments for which a PCS has been developed should be used!! • Standardize the way each instrument is used and how readings are corrected for substrate effect. Example of a PCS Substrate Bias and Correction • Measurement of lead in paint by any XRF is affected by scattering of X rays and gamma rays from the substrate. – X rays generated within an atom are emitted in all directions Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 13

Substrate Bias and Correction • Only X rays emitted in the direction of the XRF’s detector will be detected. • Additionally, the incoming rays can bounce off other electrons and scatter. – These scattered rays from other elements (within the paint or substrate) can lose energy and be detected as having the same energy as lead X rays. Scattering of Source Gamma Rays Substrate Bias and Correction • Interference from the substrate can bias the measurement – High (overestimates the true lead level) – Low (underestimates the true lead level) • Most current generation XRF analyzers include internal software to minimize or eliminate the substrate effect on readings. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 14

Substrate Correction Procedure • The need for substrate correction depends upon: – specific instrument used – substrate type – initial reading level – specifications within the instrument’s PCS Field Quality Control Procedures • Evaluate whether an instrument is working properly. • Used in XRF testing to protect against – drift • instability of the instrument’s electronics or by an aging battery (i.e., failure to charge properly) • drift cannot be corrected in the field! – high variability in the measurements Field Quality Control Procedures • Accuracy – the agreement of a reading or measurement or average of measurements with the true value. • Precision – degree of agreement of repeated measurements (using the same instrument and methods) • Bias – systematic difference between precise measurements and accurate measurements (i.e., the “true value”) Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 15

Accuracy, Precision and Bias A B C D Precision and Bias • Precision may be affected by – the length of measurement – random source decay variation – substrate/matrix effects • Bias may be caused by – calibration errors – systematic hardware problems related to the electronics of the XRF – system software problems related to internal compensation fore the substrate/matrix effect Calibration Checks • A series of measurements on a film or coupon with a known amount of LBP applied to it (i.e., standard reference material [SRM]). • Check must be done, at a minimum – beginning of each inspection – every four hours – end of each inspection Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 16

Calibration Checks • Inspector will need the following items: – XRF analyzer – PCS – calibration check test result form (Appendix A) – SRM closest to 1.0 mg/cm 2 (usually NIST 1.02 SRM film is used) – piece of solid wood, Styrofoam, or other nonmetal rigid substrate Calibration Checks • Before beginning testing, the inspector:  attaches the SRM to the piece of nonmetal substrate;  takes three XRF measurements on the SRM;  records each of the three readings on the calibration check test results form;  averages the three readings (round to the same number of decimal places as the instrument displays);  Compares average with the calibration check limits on the PCS. Standard Reference Materials • NIST has developed a set of standard reference paint films: – yellow 3.53 mg/cm 2 – orange 1.63 mg/cm 2 – red 1.02 mg/cm 2 – green 0.29 mg/cm 2 – white <0.0001 mg/cm 2 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 17

Licensing and Registration of XRF Analyzers • Responsibility for registering an XRF analyzer rests with the owner of the inspection company. • Not usually regulated by NRC • Regulated by state authorities – registration or certification states – licensing states • agreement • nonagreement Licensing and Registration of XRF Analyzers • Specific Licenses – Inspector cannot legally take possession of an XRF in a licensing state without this license. – Most require on-site visit from state radiation department inspector; they will look for: • safe storage of the XRF; • safe transportation of the XRF; • safe use of the XRF; • safe emergencies for the XRF. Reciprocity • The ability to bring an XRF analyzer from one state into another without having to get another license. • Agreement states agree to honor another state’s license to possess radioactive materials. – Possible conditions to reciprocity • fee • additional paperwork – Must submit a copy of current license Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 18

General License • A general license allows the user (e.g., a lead inspection company) to take possession of the radioactive source under the manufacturer’s specific license . • Advantages – usually less paperwork involved – much smaller or no fees to the state • Disadvantages – the inspector cannot use reciprocity – many states do not accept general licenses XRF Training • Factory training (by the XRF manufacturer) is often a requirement and always recommended!! • Employer is responsible for maintaining a radiation safety program that – trains inspectors – informs them of the specific state(s) regulations Transportation • DOT regulates transportation of radioactive materials. • DOT’s “exclusive use” category applies to most portable XRF analyzers. • XRFs cannot be shipped by the US Postal Service!! – other package carriers will accept them if properly packaged and labeled. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 19

Transportation • Packaging • Labeling – Radionuclide – Physical form – Activity – Max radiation level, package surface: 0.5 mR/hr, no contamination – Radiation level, 10 inches from device: 10 mR/hr Transportation • Motor vehicle regulations – Secure package against movement – Set handbrake during loading, unloading – Documentation with driver • Shipping – Airline – Common carrier Scenarios • Describe your organization’s plan for controlling: – Storage – Access – Usage – Training – Transport – Shipping – Emergency response Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 20

Record Keeping • Maintain a detailed log of use including: – date checked out – date(s), times, and locations of each use – date, mode, and destinations for transport – dates and extent of all maintenance operations (including replacement of sealed radioactive source) – records of regular survey meter measurements and wipe tests Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation 21

Legal Liability and Insurance Issues Chapter 6 Liability and Insurance Issues Objectives • To provide inspectors with knowledge of potential legal liabilities • To provide an understanding or criminal penalties and administrative sanctions • To provide an overview of the need for contracts • To provide an awareness of insurance issues Learning Tasks • Legal responsibilities • Sources of civil legal liability • Contract language • Purpose, limitations, and availability of insurance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Sources of Legal Liability • Statutory Law • Administrative Law • Common (or Civil) Law Statutory Law • Federal statutes — Lead-Based Paint Poisoning Prevention Act (LBPPPA) • Title X — Residential LBP Hazard Reduction Act • State statutes — specific lead poisoning prevention laws, building codes, etc. • Local, county or city ordinances • Consumer protection laws Administrative Law • Federal regulations – EPA training, certification, work practice standards – Department of Housing and Urban Development • State regulations – Department of Public Health – Department of Labor • Health, sanitary or building codes Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Common (or Civil) Law • Decisions by state and federal courts interpreting statutes, regulations, responsibilities Criminal Penalties and Administrative Sanctions • Fines • Loss of License • Criminal Prosecution • Injunctions • Cease work orders Civil Lawsuits • Compensation for harm done by the legally responsible party. • Common law – Tort Law – Contract Law Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Tort Law • A civil “wrong” or breach of a standard behavior or failure to use reasonable care Tort Law • Lead inspectors may be liable under tort law for: – negligence – vicarious liability Negligence • A lead professional could be found “negligent” under Tort Law if he/she fails to exercise the standard of care to which a reasonable lead professional would adhere. Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Elements of a Negligence Claim • The plaintiff must prove four “elements” in order to hold a defendant legally liable: – that the defendant committed an act or omission which – violated a duty which the defendant owed to the plaintiff and which act or omission – was the cause of – an injury to the plaintiff. Vicarious Liability • An employer is legally responsible for the acts, omissions, and wrongful behaviors (“torts”) of his/her employees. Duties of Lead Inspectors • To do a complete, thorough and accurate inspection, be knowledgeable of: – statutes – regulations – industry practices and procedures – industry standards Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Avoidance of Liability • Tort liability – be familiar with and follow laws, regulations, and industry standards – keep abreast of new developments – keep a comprehensive paper trail – provide close supervision – do not take short cuts Contract Law • A person is liable under contract law if he/she breaks or “breaches” a legally enforceable written or oral agreement or contract. Contract Liability • Based on legally enforceable agreements or contracts – credibility – default – remedies Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Avoidance of Liability • Contract liability – use written contracts – confirm all oral agreements, change orders, disputes in writing – written forms Avoidance of Liability • Contract liability – have clients sign “satisfaction” form upon completion of work – promise only what can be delivered – have a lawyer review forms and contracts Insurance Considerations • Obtain professional liability insurance to secure protection from litigation arising from professional activities – Errors & Omissions – General Liability Insurance • Occurrence Insurance • Claims-Made Insurance Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Errors & Omissions • Insurance to protect a lead professional against misjudgments made during an inspection/risk assessment/abatement project • Examples – misclassification of testing combinations – not enough testing locations tested General Liability Insurance • Coverage suitable for situations arising in the normal course of business and not related to the inspector’s delivery of professional opinions Occurrence Insurance • If an incident “occurs” while the policy is in force, coverage is afforded even if the actual claim is made some years later and even if the insured is no longer insured by the same carrier Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Legal Liability and Insurance Issues Claims-Made Insurance • Coverage exists if a claim is made (filed) while the policy is in force Summary • Liability • Insurance – Statutory – Errors & Omissions – Administrative – General Comprehensive – Common (or Civil) Liability • Tort • Occurrence • Contract • Claims-Made Regulations generally establish the minimum (the floor)! Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Chapter 7 Lead-based Paint Part One: Testing Operations Inspecting for Lead-based Paint Chapter Objectives • To provide instructions on how to do a lead based paint inspection including: – selecting surfaces to test; – understanding the technology required; – choosing applicable analysis method(s); – evaluating the results; – documenting the inspection; and – providing a complete, readable report. Learning Tasks • Explain obligations of all parties • Describe standards/protocols for inspections • Understand construction components • Identify all testing combinations • Systematically document testing conducted 1 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Learning Tasks • Describe how and when to conduct paint-chip sampling • List differences between inspections in single- and multifamily housing. Responsible Groups • State, Indian tribe, and local governments • HUD • EPA • Housing authorities • Homeowners and landlords • LBP inspectors, risks assessors, and hazard control contractors Why is the use of a protocol important? • Protection against potential liability • Derived from inspection experience and technical base of knowledge • Report structure • Competitive base 2 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Preparing for the Inspection • Hold a pre-inspection conference between the inspector and client to discuss all aspects of the project • Develop a confidential contract that includes a scope of work, schedule, cost estimate, and payment terms Designing the Inspection Plan – Single-Family • The plan must include provisions for: – scheduling the inspection – accessing the property – determining painting histories – selecting a primary testing method – planning quality assurance tests – identifying a laboratory – documenting the results of inspection Designing the Inspection Plan – Multifamily • Additional considerations included in plan: – randomly selecting units to be tested – randomly selecting common areas to be tested – analyzing results to determine if there is a pattern of LBP on specific components – developing a development-wide summary of component types coated with LBP 3 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Terms and Definitions • Lead-based paint inspection • Room equivalent • Building component type • Substrate • Testing combination • Test location Testing Hints • Test surfaces representative of each testing combination • Certain adjacent components can be grouped together if they have the same painting history • Never group interior and exterior components together Types of Housing • Single-family – Any housing with fewer units than a multifamily development – Results cannot be applied to other dwellings 4 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Types of Housing • Multifamily – Include dwellings with: • 21 or more units if built before 1960; or • 10 or more units if built from 1960 through 1978 – Use of random sampling Inspection Steps 1 List all painted testing combinations by room equivalent 2 Select testing combinations 3 Perform XRF testing (including calibration check readings) 4 Collect and analyze paint-chip samples 5 Classify XRF and paint-chip samples 6 Evaluate the work and results 7 Document all findings in a report Inventory & Selection of Painted Surfaces • Make a rough sketch of property – Label sides of dwelling clockwise with letters – Label room equivalents by use and number clockwise – ID like components by numbering left to right – ID closets by room and wall side • Test all room equivalents inside and out as distinct areas 5 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Room Equivalents & Side ID Kitchen Living room Dining room Enclosed Porch Foyer Basement Stairs stairs Bathroom up Pantry Driveway Play area Garage Testing Combinations • Room Equivalents • Building Components • Substrates • Other issues: – Paint color & history? – Clear coatings – Furniture – Grouping components with multiple parts Testing Combinations Examples: Room Building Equivalent Component Substrate Kitchen (Room 4 ) Window B-1, Casing Wood Kitchen (Room 4 ) Window B-2, Apron Wood Kitchen (Room 4 ) Wall A, upper, center Plaster Kitchen (Room 4 ) Wall B, middl e, left Plaster House Exterior Window B-1, Casing Wood House Exterior Window B-3, Sill Wood 6 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Inspections in Single-Family Housing • The Performance Characteristics Sheet (PCS) for each XRF instrument provides important details for the following: – Step 1: Calibration Checks – Step 2: Testing – Step 3: Substrate Corrections – Step 4: Classifying Results Step 1: Calibration Checks • Refer to the XRF Calibration Check Limits on your instrument’s PCS – Example: Make: Gamma-Blast, Inc. Model:Techno-Xtra Special 601 XRF Calibration Check Limits • Remember, the limits depend upon the operating mode 30-second Readings Warp Drive 0.7 to 1.3 mg/cm 2 0.8 to 1.2 mg/cm 2 (inclusive) (inclusive) Calibration Checks • Take three readings on 1.0 mg/cm 2 NIST SRM and average. • Example: Calibration Readings 1.2 mg/cm 2 0.9 mg/ cm 2 1.3 mg/ cm 2 – What is the average? – Is the average within the Calibration Check Limits for the instrument? 7 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Calibration Checks • Perform Calibration Check at least at beginning and end of each inspection and every four hours. • What if instrument is out of calibration – At the beginning ? – At the end ? Step 2: Testing • Test all room equivalents • One location per testing combination – Exception: Four readings; one on each wall • Test locations — representative • Testing on non-flat surfaces • Conditions for abbreviation of testing Step 3: Substrate Corrections • Refer to PCS Substrate Correction Section • Example: – For XRF results below 4.0 mg/cm 2 , substrate correction is recommended for: Metal and Wood – Substrate correction is not needed for: Brick, Concrete, Drywall and Plaster 8 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Substrate Corrections • How to do substrate corrections, if needed: – Find two areas for each substrate (metal and wood in this example) where readings were less than 2.5 mg/cm 2 • Take three readings on each area using NIST 1.02 mg/cm 2 standard • Average the six readings to get substrate correction value – Apply substrate correction value where needed Substrate Corrections • Example: Substrate Correction Values Collected in the Field Metal Wood Area 1 Area 2 Area 1 Area 2 1.1 0.3 1.5 1.9 0.7 0.6 1.3 1.6 0.5 0.8 1.4 1.7 What is the substrate correction value for metal? for wood? Substrate corrections • What is the corrected value for these readings on: Metal doors Wood doors 0.8 mg/cm 2 4.1 mg/cm 2 4.2 mg/cm 2 1.5 mg/cm 2 0.1 mg/cm 2 1.0 mg/cm 2 9 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Step 4: Classification of Results • Classify all results as positive, negative, or inconclusive by referring to the PCS for your instrument: Inconclusive Range or Threshold 30-second Reading Inconclusive Description Substrate Range (mg/cm 2 ) Results corrected for Brick 0.5 to 1.5 substrate bias on Concrete 0.5 to 1.5 metal & wood Drywall 0.7 to 1.3 substrates only Metal 0.6 to 1.2 Plaster 0.8 to 1.2 Wood 0.8 to 1.0 Classification of Results • Refer to PCS for your instrument: Inconclusive Range or T hreshold Warp Drive Inconclusive Reading Range Description Substrate Threshold (mg/cm 2 ) Results Brick None 0.9 to 1.1 corrected for Concrete None 0.9 to 1.1 substrate bias on Drywall None 0.9 to 1.1 metal & wood Metal 0.9 None substrates only Plaster 0.9 None Wood 1.0 None Classification of Results • How would you classify the components used as an example on the previous slides: – in the 30-second mode? – in Quickmode? 10 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Other Issues • Paint chip sampling and confirmatory testing (mg/cm 2 ) • QA/QC • Re-testing • Time-and-Motion analysis • Final Report Chapter 7 Lead-based Paint Part 2: Testing Operations Multifamily Housing Inspections in Multifamily Housing • Multifamily have the following differences vs. single-family inspections: – additional interior and exterior areas must be inspected – not every unit is inspected – classification of XRF results by component is required to determine development-wide patterns – substrate correction procedures differ – testing of additional common areas 11 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Inspections in Multifamily Housing • Step 1: Compute Sample Size • Step 2: Group Housing Units, Common Areas, Exterior Sites • Step 3: Select the Specific Units, Common Areas, Exterior Sites • Step 4: Select Testing Combinations • Step 5: Compile Results by Component • Step 6: Multifamily Decision Flowchart Step 1: Compute Sample Size • Number of units, common areas, and exterior sites to be tested is based upon: – total number of units – similar common areas, or exterior sites in the building(s) or on the property, and – the date of the construction. • Refer to Table 7-3. Pre-1960 or 1960-1977 Number of Similar Units, Unknown-Age Similar Common Areas or Building or Building or Exterior Sites in a Building or Development: Development: Development Number to Test Number to Test 1-9 All All 10-13 All 10 14 All 11 15 All 12 16-17 All 13 18 All 14 19 All 15 20 All 16 21-26 20 16 27 21 17 28 22 18 18 29 23 30 23 19 31 24 19 32 25 19 33-34 26 19 27 19 35 36 28 19 37 29 19 38-39 30 20 40-48 31 21 31 22 49-50 51 32 22 52-53 33 22 54 34 22 55-56 35 22 57-58 36 22 23 59 37 60-69 38 23 70-73 38 24 74-75 39 24 12 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Step 1: Compute Sample Size • Example: How many units, common areas, or exterior sites should be tested for the following buildings? Year Built # of Units # to Test 1962 16 ________ 1970 30 ________ 1950 100 ________ 1940 1000 ________ Step 2: Group Housing Units • Complete visual inspection to verify accuracy of available information • Identify buildings with a common construction and painting history so they can be grouped together Step 2: Group Housing Units • Two options: 1 Sample each unit as a single-family dwelling; or 2 Sample some of the units and apply the results to the whole multifamily housing development. • If the inspector chooses option two, a “positive” finding must be applied to that component type in all unsampled units 13 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Step 3: Select the Specific Units • Use table to help in selection process (similar to Table 7-4a) • Use statistics table, calculator, or computer program to generate random numbers • Generate list of unit numbers equal to needed sample number using the following formula: – Unit number = Round up from (random number X total # of units) Select Specific Units • Example: Year Built # of Units # to Test 1965 20 16 • Generate at least 16 random numbers and multiply each by total # of units (20 in this example). Round up to next whole number to get ID#. (See next slide) Select Specific Units .218 x ___ = ____ .533 x ___ = ____ .153 x ___ = ____ .412 x ___ = ____ .342 x ___ = ____ .120 x ___ = ____ .981 x ___ = ____ .300 x ___ = ____ .024 x ___ = ____ .267 x ___ = ____ .539 x ___ = ____ .493 x ___ = ____ .878 x ___ = ____ .607 x ___ = ____ .578 x ___ = ____ .829 x ___ = ____ .371 x ___ = ____ .799 x ___ = ____ 14 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Select Specific Units Match selected ID #s to housing unit #: ID# Unit # ID# Unit # ID# Unit # 1 101 9 204 17 402 2 102 10 205 18 403 3 103 11 301 19 404 4 104 12 302 20 405 5 105 13 303 6 201 14 304 7 202 15 305 8 203 16 401 Step 4: Select Testing Combinations • Choose testing combinations as in single-family dwellings with the addition of: – common areas – additional exterior sites • Select common areas and exterior sites to be tested using random sampling method Step 5: Compile results by component type • Record measurement for each testing combination and classify as: – Positive – Negative – Inconclusive with XRF reading < midpoint of the XRF’s inconclusive range – Inconclusive with XRF reading > midpoint of the XRF’s inconclusive range 15 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation

Step 5: Compile the results by component type • Use Component Type Report form to – add descriptions; – group component types; – record number and percent of testing combinations classified for each component Compile the results by component type Example: Component % Pos % Neg % Inc Int win sashes 20 75 5 Int win trim 12 83 5 Int doors 0 95 5 Int door trim 2 97 1 Step 6: Multifamily Decision Flowchart • Apply the Multifamily Decision Flowchart separately to each component type • Result for component type is: – Positive if 15% or more of the components are positive – Negative if: • 100% of tested component types are negative (OR) • 100% of the tested component types are either negative or inconclusive AND all the inconclusive samples have XRF readings < 1.0 mg/cm2 • Perform confirmatory testing as required 16 Environmental Education Associates, Inc. USEPA Lead Inspection Initial Course Presentation