Environmental Engineering Reference
In-Depth Information
an “immediate lead hazard” under its rules. Plaintiffs alleged that HUD rules
were deficient in failing to define intact LBP surfaces as an immediate hazard
requiring treatment/abatement. As a result of the federal court ruling on
behalf of plaintiffs, HUD promulgated new rules that defined intact LBP as
an immediate hazard and changed the construction cutoff date for housing
subject to its rules from 1950 to 1973.
Congress, in 1987, amended the LBPPPA to require (1) inclusion of intact
paint in the definition of an immediate hazard; (2) a construction cutoff date
of 1978; (3) inspection of a random sample of units in pre-1978 public housing
to be completed by December 6, 1994, and abatement of LBP with >1.0 mg
lead/cm
; (4) an extensive research and demonstration program; and (5)
reports on the feasibility and cost of LBP abatement in privately owned
housing. Amendments in 1988 required HUD to develop a comprehensive
workable plan for lead abatement in public housing.
Congress, in 1992, enacted the Residential Lead-Based Paint Hazard
Reduction Act, better known as Title X. Title X shifted the focus of LBP
poisoning control programs from the presence of high lead levels in paint
to LBP hazards that would more likely cause significant exposure to young
children and result in EBLs. These included deteriorated paint; lead paint
on surfaces subject to friction, impact, or chewing; and high lead levels in
house dust and soils near dwelling units. Title X required USEPA to issue
specific training and accreditation requirements for lead professionals
including inspectors, risk assessors, abatement workers, supervisors, and
contractors. It was intended to provide a mechanism by which the public
could be educated about potential lead hazards in housing and to abate LBP
hazards from federal housing.
Responsibility for issuing regulations under Title X falls to both USEPA
and HUD. Rules that described federal accreditation requirements for train-
ing programs and lead professionals were promulgated in 1996 and went
into effect in 1999. Rules were also promulgated in 1996 that require disclo-
sure of LBP hazards in real-estate transactions and leasing contracts involv-
ing pre-1978 housing. Building owners are to provide prospective buyers
with a USEPA-written hazard brochure, disclose any “known” LBP hazards,
and allow buyers 10 days to have an inspection conducted prior to finalizing
a purchase agreement. Landlords are also required to disclose any known
lead hazards. A copy of a model disclosure form for home buyers is illus-
trated in
Figure 13.2
.
Employers involved in LBP abatement activities are subject to provisions
of OSHA's interim final Lead in Construction Standard of 1993. It prescribes
a PEL of 50
2
, respiratory
and personal protection equipment, hygienic work practices, training
requirements, record-keeping, medical surveillance, medical removal
requirements, and medical treatment in the case of excessive exposure.
HUD, in 1990, issued comprehensive technical guidelines on testing,
abatement, and disposal of LBP in public and Indian housing. These interim
HUD guidelines were updated, expanded, and issued as
µ
g/m
over 8 hours and an action level of 30
µ
g/m
3
3
Guidelines for Eval-
