• Use of a heat gun at temperatures below 1100 degrees Fahrenheit.
• Removal or replacement of window or door frames.
• Scraping 60 ft2 or more of painted surfaces.
• Removing more than 40 ft2 of trim, molding, cabinets, or other fixtures.

EPA believes that the requirement for a visual inspection immediately prior to dust wipe testing will give the certified inspector, risk assessor, or dust sampling technician a means to address any concerns they may have as to the cleanliness of the work area. The locations for dust wipe samples would
be dependent on the number of rooms, hallways, or stairwells within the work area. If there is more than 1 room, hallway, or stairwell within the work area, the following samples would have to be collected:

• 1 windowsill sample, 1 window trough sample, and 1 floor sample within each room, hallway, or stairwell (no more than 4 rooms, hallways, or stairwells need be sampled).
• 1 floor sample adjacent to the work area, but not in an area that has been cleaned.

If the work area is a single room, hallway, or stairwell, or a smaller area, the following samples would have to be collected:
• 1 windowsill sample, 1 window trough sample, and 1 floor sample.
• 1 floor sample adjacent to the work area, but not in an area that has been cleaned.

If there are no uncarpeted floors in the work area, then no floor samples would need to be
collected. The same would be true for windows and windowsill or trough samples. Dust wipe samples would be collected in accordance with the protocol in “Residential Sampling for Lead:
Protocols for Dust and Soil Sampling” (Ref. 19).

HUD’s Lead Safe Housing Rule, at 24 CFR 35.1340(g), requires the sample adjacent to
the work area to be collected within 5 feet of the work area in an area that is connected to the work area. This specifically precludes samples from being collected from rooms separated from the work area by a solid wall. EPA requests comment on whether these provisions should be incorporated into this rulemaking.

EPA requests comment on whether the renovation firm should be required to provide
the dust wipe testing report to the building owner and occupants with the final invoice or within 3 days of the date that the report is received, whichever is earlier.

3. Clearance. For two types of renovations that can create large amounts of difficult-toclean dust, EPA remains concerned about the possibility that dust lead levels remaining, even after cleaning verification, may substantially exceed the clearance standards. These arerenovations that disturb paint using machines designed to remove paint through high speed operation, such as power sanders or abrasive blasting, when equipped with high-efficienc particulate air (HEPA) exhaust controls and the demolition, or removal, through destructive means, of plaster and lath walls, ceilings or other building components. If renovation firms choose to utilize these methods, EPA is also proposing to require that renovation firms demonstrate, through dust wipe testing, that they have met the clearance standards before the renovation will be considered completed.

EPA is proposing to require renovation firms to follow a clearance process similar to that performed after abatement projects after renovations involving the
disturbance of paint using machines designed to remove paint through high speed operation or the demolition, or removal, through destructive means, of more than 6 ft2 of plaster and lath building component.

After the cleaning required by 40 CFR 745.85(a)(5) and the cleaning verification required by 40 CFR 745.85(b)(1), dust wipe testing would have to be performed in exactly the same way that it would be required after the renovations discussed in Unit III.A.2. of this preamble. If any of the test results equal or exceed the regulatory clearance standards in 40 CFR 745.85(b)(4), the renovation firm would be required to re-clean the surfaces represented by those tests in accordance with 40 CFR 745.85(a)(5)(ii). Those surfaces would have to be retested, and the results compared to the clearance standards.
With respect to plaster removal, the clearance requirement would apply only to walls,  ceilings constructed of plaster and lath, not gypsum drywall finished with plaster.

EPA is also proposing to eliminate the existing provision that allows renovation firms to
perform clearance in lieu of cleaning verification when another Federal, State, or local law or regulation, or the contract between the renovation firm and the property owner, requires the renovation firm to use qualified entities to perform dust wipe testing and requires the renovation firm to achieve clearance. Because cleaning verification has been shown to be such an important part of the post-renovation cleaning process, and because that provision would be inconsistent with this proposal, EPA believes that it should be eliminated.

Rather, this proposal would require cleaning verification to be performed in the same way it would have to be performed after jobs involving demolition or removal of plaster through destructive means or the disturbance of paint using machines designed to remove paint through high-speed operation.

The certified inspector, certified risk assessor, or certified
dust sampling technician performing the sampling or testing would be required to prepare a clearance report. The clearance report would include the start and completion dates of the renovation; a brief written description of the renovation; the name and address of each certified firm employing each certified inspector, certified risk assessor, or certified dust sampling technician performing the clearance procedures; the name and signature of each certified inspector, certified risk assessor, or certified dust sampling technician performing the clearance procedures and the dates that the clearance procedures were performed; the results of the visual

The renovation would not be considered complete, and the warning signs would have to
remain in place, until the renovation firm can demonstrate through a dust wipe testing report that it has met the clearance standards. Inspection could be as simple as “no dust, debris, or residue was visible in the work area,” while the brief written description of the renovation could be as simple as “replaced all of the windows in the upstairs bedrooms.” However, the report should be organized and presented in such a way that the recipients of the report will be able to easily understand the information presented. The report must be a single document, with clearly-identifiable attachments, such as analytical reports from NLLAP laboratories, where appropriate. If a significant number of tests are
involved, the certified individual preparing the report should incorporate an executive summary presenting the overall results, with particular attention to those results that exceeded the applicable clearance standards.

Other proposed changes

1. Containment. EPA is proposing to be more specific about the vertical containment
requirements for exterior projects. Under this proposal, the rule would specifically state that vertical containment is required for exterior renovation projects that are covered by the rule and that affect painted surfaces within 10 feet of the property line. In such cases, vertical containment is necessary to ensure that adjacent buildings or properties are not contaminated by leaded dust or debris generated by the renovation. The rule would also note that vertical containment may be required in other situations, such as windy conditions, to preventcontamination of other buildings, other areas of the property, or adjacent buildings or properties. Finally, to clarify what is meant by the term “containment,” this proposal would add a definition of the term that is based on the definition of “Worksite preparation level” from the HUD Guidelines. The definition includes additional information on what constitutes vertical containment.