The Cohen Group Newsletter - Volume 19 Issue 1, Article 3. January 2008
Proposed Changes to Requirements for Lead-Based
Paint
By Julie V. Wellings, CIH
In late November, the Ca. Dept. of Public Health (previously the Dept. of Health Services) issued revised proposed changes to Title 17 CCR Section 35001 et. seq., based on comments received in June. Proposed changes (NOT final or approved) include
 | Expansion of the definition of
“public or residential building” to include a “structure, or part of a
structure, or its land”. Note: A public building is currently defined under the
standard as a building that is generally accessible to the public. |
| Revision of the definition of
“presumed LBP” (presumed lead-based paint) to paint or surface coatings applied
to residential and public buildings prior to January 1, 1978. (This is less conservative than the current
definition.) A provision for excluding paint
or surface coating that has been tested and found to have a lead content of less than the
levels designated for “lead-based paint” is also included. |
| Revision of the definition of
“lead-contaminated dust” to include criteria that are consistent with current
U.S. EPA definitions, but also expansion of the application of these criteria to all
interior horizontal surfaces (rather than the current application to horizontal window
surfaces only). |
| Expansion of the definition of
“lead activities” to include “abatement, lead hazard evaluation,
lead-related construction work, or any activity which disturbs lead-based paint, presumed
lead-based paint, or creates a lead hazard.” |
| Revision of the current exemptions
from the definition of “lead hazard evaluation”, i.e., inspection and sampling
for lead for the purpose of compliance with Title 8 CCR 1532.1 Lead, and Title 22 Div. 4.5
Hazardous Waste. A “lead hazard
evaluation” is an “on-site investigation, for compensation, of lead-based paint
or lead hazards.” The proposed changes
limit a non-certified inspector to “activities intended to determine the adequacy of
containment”, “air monitoring for lead” and “testing components
removed from a residential or public building for lead to determine the applicability of
hazardous waste requirements.” |
| Addition of a new section 36050.
Lead-Safe Work Practices, that specifies work practices for all lead activities except
lead hazard evaluation, including use of “containment”, ensuring “no
visible dust or debris” following completion of the work, and “demonstrating
compliance” to regulatory agencies upon request.
Note: “Containment” is
defined as a “system, process or barrier used to contain lead hazards” and may
range from a plastic drop sheet to a full containment enclosure. |
| Addition of a Sampling Technician certification, and elimination of the application process for new Project Designer certifications. Current Project Designers may continue to apply to CDPH for renewal of their certifications. |
The full text of the current regulation with proposed changes highlighted is available for review at http://www.cdph.ca.gov/services/DPOPP/regs/Pages/DPH-07-003-RequirementsforLeadbasedPaintActivities.aspx As CDPH has responded to initial comments in this revised proposal and the comment period for the revisions ended December 19, we may see a final regulation in 2008. Please call us if you have any questions or concerns regarding the content of the proposed standard.
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