Mich. Admin. Code R. 325.99401 - Work practice standards for conducting lead-based paint activities; documented methodologies; deminimis levels

Rule 401.

(1) Only a certified individual may perform any of the following lead-based paint activities:

(a) A lead-based paint investigation.

(b) A lead abatement activity.

(c) An EBL environmental investigation.

(d) Clearance procedures.

(2) A certified individual shall perform an activity listed in subrule (1) of this rule in accordance with these rules and 1 or more of the following documented methodologies:

(a) The United States department of housing and urban development (HUD) publication entitled "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing." A copy of this document may be obtained at no charge as of the date of adoption of these rules from HUD USER, P.O. Box 6091, Rockville, Maryland 20849; or www.hud.gov/offices/lead.

(b) Part 35 of title 24 of the code of federal regulations, entitled "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance." A copy of this document may be obtained at no charge as of the date of adoption of these rules from HUD USER, P.O. Box 6091, Rockville, Maryland 20849; or www.hud.gov/offices/lead.

(c) The American society for testing and materials' (ASTM) publication entitled "Standard Practices for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," standard number E1727. A copy of this document may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428. A copyright fee shall be charged by ASTM for this document, as of the date of adoption of these rules.

(d) The ASTM's publication entitled "Standard Practices for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," standard number E1728. A copy of this document may be obtained from the American society for testing and materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428. A copyright fee shall be charged by ASTM for this document, as of the date of adoption of these rules.

(e) Michigan department of community health document, entitled, "Environmental Investigations for Children with Elevated Blood Lead Levels," and herein referred to as the EBL field guide. A copy of this document may be obtained at no charge as of the date of adoption of these rules from the Michigan Department of Community Health, Lead Hazard Remediation Program, 3423 North Martin L. King, Jr. Boulevard, Lansing, Michigan 48906, or www.michigan.gov/leadsafe.

(3) Only an appropriate certified lead professional shall conduct any paint, dust, or soil sampling or testing as part of an activity described in subrule(1) of this rule. The certified professional shall use documented methodologies that incorporate adequate quality control procedures.

(4) Analytical procedures and facilities recognized by the EPA as capable of performing analyses for lead compounds in the applicable matrix shall be used to determine if any paint chip, dust, or soil samples collected as part of an activity described in subrule (1) of this rule contain detectable levels of lead that may be quantified numerically.

(5) Composite dust or paint samples shall not be used.

(6) Notification and work practice standards required by the lead abatement act or these rules do not apply when treating any of the following amounts of painted surfaces:

(a) Less than 2 square feet of interior painted surface per room, stairwell, hallway, porch, or room equivalent.

(b) Less than 20 square feet of painted surface on a building exterior.

(c) Less than 10% of the total surface area of painted surface on any type of interior component with a small surface area.

Notes

Mich. Admin. Code R. 325.99401

2005 AACS