Lead-in Paint Surveys

Although lead-based paint (LBP) was banned by the Consumer Product Safety Commission (CPSC) in 1978 for residential and consumer uses, non-residential and non-consumer uses have not been banned.  However, even the CPSC ban on lead-based paint still allowed very low levels of lead (i.e. <0.06%) to be present, and then in 2008 the CPSC lowered its ban down to <0.009% lead, it still allows lead to be present.  Thus, this allows the OSHA Lead standards (General Industry and Construction) to still be relevant because those regulations regulate all work activities where any detectable concentrations of lead are present and work happens with a potential exposure to lead.  Depending upon the type of activity and amount of aggressive disturbance to the paint, exposures approaching or exceeding the OSHA action level or permissible exposure limit is possible.

Unless our client facilities are residential buildings constructed prior to 1978 (defined as ‘target housing’) or a child-occupied facility (e.g. daycare, pre-school), then the EPA Lead-Based Paint (LBP) regulations (40 CFR 745 – Lead-Based Paint Poisoning Prevention in Certain Residential Structures) would not apply to those sites. If the structures are not regulated by EPA 40 CFR 745 and state residential lead-based paint programs, then the lead paint surveys would only need to meet the regulatory requirements of OSHA’s Lead standards (General Industry 29 CFR 1910.1025 and Construction 29 CFR 1926.62) to facilitate contractor compliance as well as EPA waste characterization, handling, and disposal requirements under the EPA Hazardous Waste regulations during renovation and demolition projects.

Langan’s SOP for conducting lead paint inspections adopts the EPA and HUD LBP Guidelines protocols among other industry standards such as ASTM. Langan would conduct a walkthrough of the areas to determine where suspect lead-containing surface coatings may be present. Langan would then test representative suspect surfaces for the presence of lead for facilitating contractor compliance with OSHA standards based upon the site and project needs.

Since XRF technology is not currently accepted by OSHA for determining the absence of lead in paint, Langan typically collects paint chip samples from building components.  Depending upon the project scope and needs, our sampling could be a limited screening survey or it could be a surface-by-surface detailed investigation for the presence of individual building components with lead.  The paint chip sampling would be conducted in general accordance with applicable Environmental Protection Agency (EPA) and US Department of Housing and Urban Development (HUD) lead-paint chip sampling protocols.  The paint chip samples would be submitted under chain of custody and analyzed by a National Lead Laboratory Accreditation Program (NLLAP) accredited laboratory.

Toxicity Characteristic Leaching Procedure (TCLP) analysis for characterizing the waste stream generated by a project for lead or other potentially hazardous materials is typically performed by the contractor or consultant prior to or during the demolition activities once specific waste streams are delineated.

Our lead paint surveys conducted in Target Housing and child-occupied facilities would comply with the HUD and EPA requirements as outlined in EPA’s 40 CFR 745 – Lead-Based Paint Poisoning Prevention in Certain Residential Structures and HUD’s Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing and applicable state and municipal requirements.