June 6, 1998.

Epa 6/98 proposed standards for dangerous levels of lead in paint, dust and soil. The proposal would establish standards under Section 403 of the Toxic Substances Control Act (TSCA) to identify hazards from lead-based paint in target housing (most housing built before 1978) and child-occupied facilities such as daycare centers.

Hazardous lead-based paint.

Lead-based paint in good condition is not a hazard. However, if the paint is deteriorated, it can be hazardous. The standard establishes criteria to define the amount of deteriorated paint which would be considered hazardous. The amount is described as:

1. more than 10 feet square (10 ft2) of deteriorated paint on exterior components with large surface areas;
2. more than 2 feet square (2 ft2) of deteriorated paint on interior components with large surface areas (e.g., walls, doors, ceilings); or
3. deteriorated paint on more than 10 percent of the total surface area of interior or exterior components with small surface areas (pillars, moldings).

Dust-lead Hazard is defined as dust that contains lead equal to or exceeding 50 micrograms per square foot (ug/ft2) on uncarpeted floors and 250 micrograms per square foot (ug/ft2) on interior window sills using dust wipe samples. No standards are proposed for carpeted floors or window troughs.

Soil-lead hazard is defined as bare soil that contains total lead equal to or exceeding a yard wide average of 2000 ppm (parts per million). Any bare soil would be subject to sampling no matter how small an area it encompassed.

Friction and impact surfaces standards are not set. However, EPA requests comments on three proposed options. The first is to define any lead-based paint on friction and impact surfaces as hazards. Second, that all interior window sills with lead-based paint would be considered a lead-based paint hazard because such surfaces are most likely chewed (i.e., window sills no higher than 5 feet). EPA does not have a preferred option.

Soil Abatement is proposed when the average soil lead levels are equal to or exceed 2000 ppm. Soil abatement is removal of the soil or permanent covering of the soil. Interim measures such as using mulch, restricting access are being considered.

Who can determine lead-based paint hazards? Only a certified risk assessor conduction a risk assessment (defined by EPA regulations in section 745.227(d) and (h)) can determine the presence of a lead-based paint hazard.

How are dust hazards determined? To determine a lead-dust hazard, risk assesssors must compare the average floor dust lead levels and interiorwindow sills dust lead levels to the proposed standards for each surface. The prosoal provides a formula explaining how to calculate aveage dust lead leels which is summarized below. The approach is somewhat complicated when a mixture of omposite and single dust samples are collected.

If only single floor samples were collected, the average of those dust lead loadings would be compared to 50 micrograms per square foot (ug/ft2). Similarly, the average of multiple floor composite samples (e.g., two samples containing 4 dust wipes each from floors) would again be compared to 50 micrograms per square foot (ug/ft2). However, if a mixture of single and composite wipe samples from a particular surface is collected a weighted average is used to compare to the standard that gives equal weight to each wipe. For example, the weighted average of a single surface sample containing 60 micrograms per square foot (ug/ft2), a composite sample (3 subsamples) containing 100 micrograms per square foot (ug/ft2), and a composite sample (4 subsamples) containing 110 micrograms per square foot is 100 micrograms per square foot (ug/ft2). This result is calculated as follows [60+(3*100)+(4*110)]/8. If you average the results on these samples (60,100,110) you would arrive at a lower average dust lead level of 90.

Risk assessors must compare the arithmetic mean or average of a composite soil sample from the building dripline and a composite sample from the mid-yard (i.e., midway between the outermost edge of the dripline of a residential building and the nearest property boundary or another building on the same property).

A soil-lead hazard is present when the average of these composite samples equals to or exceeds 2000 ppm.

How are hazards determined in a multi-family dwelling? (TSCA section 745.227(h))

A lead-dust hazard is assumed to be present on uncarpeted floors or window sills in an unsampled unit, if a dust-hazard exists on such surfaces in at least one sampled unit on the property. Similarly, if a dust-hazard is present in a common area (e.g., hallways, stairs), then dust-lead hazards exist in all similar unsampled common areas.

Level of concern, in addition to the proposed soil-lead hazard level of 2000 ppm, EPA also proposes to establish in guidance a separate level of concern of 400 ppm. This level of concern would not be a regulatory standard. This is to be an educational tool, anything above 400 EPA suggests a variety of actions to reduce exposure which includes soil cover, door mats, hand and toy washing. Only a certified risk assessor can determine a soil level of concern.

Risk Assessment Protocol (TSCA 745.2279d))

What is de minimis amounts of bare soil? None is provided in the new standard which is proposed. Thus any bare soil must be sampled during a risk assessment. They do not include HUD's de minimis area defined in HUD guidelines (only sample bare soil that is grater in total area than 9 square feet per yard).

1) Adds a requirement to test each interior windowsill with paint in good condition, but determined to have a distinct painting history, for lead in paint. (e.g., XRF testing, paint chips analysis) (Note: this requirement for added testing is inconsistent with other elements of the proposed rule that do not establish a separte standard for accessible surfaces with paint in good condition. The alliance believes this to be an error.)

2) Modfies the dust sampling specifications to require samples from interior window sills instead of "windows" and

3) Modifies the soil sampling protocol by eliminating the requirement to sample in exterior play areas and requiring a composite sample in mid-yard areas where bare soil is present.

TSCA section 745.227 (e) modified work practices to include requirements that when any soil is removed during abatement, the soil must be replaced with soil that has less than 400 ppm lead in soil and secondly, any soil removed during abatement cannot be used as top soil at another residential property or child-occupied facility such as a daycare center.

The following dust clearance levels are proposed:

50 micrograms per square foot for uncarpeted floors

250 micrograms per square foot (ug/ft2) for interior window sills

800 micrograms per square foot (ug/ft2) for window troughs

Only a certified inspector or risk assessor can collect dust clearance samples.Single or composite dust samples may be used. If a single sample is collected the result is compared to the proposed standard. On the other hand, if a composite sample is collected the results must be compared to the proposed standard divided by the number of subsamples in the composite. This lowers the clearance level if a composite is used (50 micrograms per square foot divided by 4 subsamples would equal 12.5 micrograms per square foot).

The proposal also specifies that dust clearance samples be taken on three surfaces: uncarpeted floors, interior window sills, and window troughs. The existing regulations call for testing on floors and windows.