Md. Code Regs. 26.16.08.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.16.08.07 - Technical Standards for Environmental Sampling

A. A lead paint risk assessor shall perform environmental sampling in accordance with the technical standards and environmental sampling requirements set forth in this regulation.

B. A lead paint risk assessor shall submit a paint chip, soil, or dust wipe sample for analysis to a laboratory:

(1) Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. § 2685(b) as accredited under the National Lead Laboratory Accreditation Program; and

(2) That demonstrates it can achieve a quantitation limit equal to or less than:

(a) 20 percent of the lowest level of lead content in paint that constitutes a lead-containing substance, as stated in COMAR 26.16.01.02B;

(b) 20 percent of the lowest action level or regulatory limit for lead content in soil established under 40 CFR § 745.65(c) or a more stringent standard published by the Department; or

(c) 50 percent of the lowest level of lead content in dust that constitutes lead-contaminated dust, as stated in COMAR 26.16.02.02B.

C. A lead paint risk assessor shall perform dust wipe sampling in accordance with the ASTM E1728/E1728M-20 standard.

D. A lead paint risk assessor shall perform XRF sampling on a painted surface using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard.

E. A lead paint risk assessor shall perform paint chip sampling:

(1) Only on a surface with deteriorated paint or a defect, or other painted surface as determined necessary by the lead paint risk assessor;

(2) After a dust wipe sample is collected to prevent cross-contamination of dust present on a surface near the area where the paint chip was sampled; and

(3) In accordance with the ASTM E1729-16 standard and COMAR 26.16.05.06C.

F. A lead paint risk assessor shall perform composite soil sampling in accordance with the ASTM E1727-16 standard.

G. If a tap water sample is collected by a lead paint risk assessor, the lead paint risk assessor shall submit the tap water sample to a laboratory certified by the Department to analyze drinking water samples for lead.

H. A lead paint risk assessor shall perform the sampling of a secondary source using:

(1) An environmental sampling method appropriate to detect lead content in the secondary source; or

(2) XRF sampling, using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard.

Md. Code Regs. 26.16.08.07

Regulation .07 adopted effective 47:13 Md. R. 643, eff. 7/1/2020