Md. Code Regs. 26.02.07.03

Current through Register Vol. 51, No. 8, April 19, 2024

Section 26.02.07.03 - Methods of Abatement

A. A person performing abatement of lead-containing substances may not use the following methods:

(1) Open flame burning;

(2) Dry sanding, except as allowed in §B(2);

(3) Open abrasive blasting, except as allowed in §B(2);

(4) Uncontained hydro-blasting;

(5) Methylene chloride for interior use except that methylene chloride may be used in interior work areas for localized touch-up; or

(6) Dry scraping; or

(7) Heat gun operating at or above 1,100°F.

B. A person performing abatement of lead-containing substances shall only use the following methods:

(1) Replacement. Any component part of a building may be abated by replacement with a part free of lead-containing substances.

(2) Removal.

(a) Unless replaced encapsulated, or reversed, woodwork and floors may only be abated by using the following techniques:

(i) Offsite chemical stripping;

(ii) Heat gun operating below 1,100°F;

(iii) Non-flammable chemical strippers which do not contain methylene chloride, except that chemical strippers containing methylene chloride may be used for localized touch-up;

(iv) Sander equipped with HEPA vacuum;

(v) Vacuum-blasting in exterior work areas only; or

(vi) Contained hydro-blasting in exterior work areas only.

(b) Unless replaced or encapsulated, walls or ceilings may only be abated by using the following techniques:

(i) Wet-scraping of loose material if scraping is followed by encapsulation;

(ii) Vacuum-blasting in exterior work areas only; or

(iii) Contained hydro-blasting in exterior work areas only.

(3) Encapsulation.

(a) A wall or ceiling surface may be abated by encapsulation using only the following materials:

(i) Gypsum board;

(ii) Fiberglass mats;

(iii) Canvas backed vinyl wall coverings;

(iv) Formica;

(v) Tile;

(vi) Paneling; or

(vii) Other durable material that does not readily tear, chip, or peel.

(b) A floor surface may be abated by encapsulation using only the following materials:

(i) Tile;

(ii) Vinyl flooring;

(iii) Wood; or

(iv) Stone.

(c) A woodwork surface may be abated by encapsulation using only the following materials:

(i) Plastic;

(ii) Metal; or

(iii) Wood.

(4) Reversal. A woodwork surface may be abated by reversal of its component parts so long as no lead-containing surface remains exposed at the completion of the process, and all seams are caulked and sealed.

(5) Windows Generally. Windows, when abated, shall be completely treated, including inside, outside and sides of sashes. Window frames shall be abated to the outside edge of the frame, including slides, sash guides and window wells.

C. Alternative Procedures.

(1) The Department may, on a case-by-case basis, allow an alternative procedure for abatement of a lead paint hazard, provided that the owner or contractor who uses this procedure shall submit a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides the equivalent control and removal.

(2) In all cases in which the Department allows the use of an alternative procedure under §C(1), the owner and resident shall, for a 1-year period after completion of the lead abatement project, permit the Department to enter the area where the abatement occurred in order to inspect the property for the purpose of determining the effectiveness and durability of the allowed alternative procedure. Before conducting such an inspection the Department shall give written notice to the owner and resident of the property.

Md. Code Regs. 26.02.07.03

Regulation .03A, B amended effective December 20, 2004 (31:25 Md. R. 1792)