Md. Code Regs. 26.16.08.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.16.08.06 - Environmental Investigation Protocol

A. Except as otherwise provided in Regulation .05D of this chapter, a lead paint risk assessor shall perform an environmental investigation in response to a child's or pregnant woman's diagnosis of EBL, as required under Environment Article, § 6-305, Annotated Code of Maryland.

B. The lead paint risk assessor shall determine the year of construction for the property being investigated, which may be accomplished by viewing the property tax records available through the State Department of Assessment and Taxation.

C. Environmental Questionnaire.

(1) The lead paint risk assessor shall complete an environmental questionnaire with the caregiver or pregnant woman during an on-site assessment of a primary residence.

(2) The lead paint risk assessor shall complete the environmental questionnaire on a form provided by the Department that is consistent with or more detailed than Form 16.1 of the HUD Guidelines, Chapter 16.

(3) The lead paint risk assessor shall use the environmental questionnaire to:

(a) Identify a potential lead hazard for a child or pregnant woman, including:

(i) Behavioral, cultural, hobby, housing, or occupational lead exposure risk factors; and

(ii) Less common sources of lead exposure as identified in Table 16.4 of the HUD Guidelines, Chapter 16;

(b) Determine the type of environmental sampling to be conducted during the on-site assessment; and

(c) Identify whether there is a secondary property that requires an on-site assessment.

D. A lead paint risk assessor shall perform a visual inspection to identify the potential presence of a lead hazard.

E. Paint Survey Analysis.

(1) A lead paint risk assessor shall perform a paint survey analysis to determine if the lead content on a painted surface meets the definition of lead-based paint under COMAR 26.16.02.02B through paint chip or XRF sampling in accordance with the requirements under Regulation .07D or E of this chapter.

(2) A lead paint risk assessor shall perform a paint survey analysis:

(a) On a painted chewable surface or suspected lead-containing substance with evidence of teeth marks;

(b) At a property constructed before 1978 if an interior or exterior painted surface has:

(i) A defect or deteriorated paint;

(ii) Intact paint and the surface is subject to friction or impact; or

(iii) Been disturbed during a recent renovation or in preparation to be repainted; or

(c) At a property constructed after 1977 on an interior or exterior painted surface that has:

(i) Deteriorated paint;

(ii) Intact paint and the surface is subject to friction or impact; or

(iii) Been identified as a potential lead hazard through the environmental questionnaire, painting history of the property, or by the lead paint risk assessor.

F. A lead paint risk assessor shall perform dust wipe sampling:

(1) To determine if the lead content in dust on a floor, window sill, or window well meets the definition of lead-contaminated dust in COMAR 26.16.02.02B;

(2) Pursuant to the protocol in the HUD Guidelines, Chapter 16;

(3) Based on information obtained by the lead paint risk assessor while conducting the environmental questionnaire and visual inspection; and

(4) In accordance with the requirements under Regulation .07C of this chapter.

G. A lead paint risk assessor shall perform composite soil sampling:

(1) On an area of bare soil at a primary residence or secondary property where a child or pregnant woman frequents, including a drip line, a play area, or another area at a property;

(2) To identify if the bare soil present at a primary residence or secondary property meets the definition of a soil-lead hazard, as defined under 40 CFR § 745.65(c) or a more stringent standard published by the Department; and

(3) In accordance with the requirements under Regulation .07F of this chapter.

H. Tap Water Sampling.

(1) Tap water sampling may be performed:

(a) By a lead paint risk assessor collecting a tap water sample or through coordination with a local health department;

(b) If tap water is identified as being commonly used as drinking water or in the preparation of infant formula or food; and

(c) To determine if the lead content in tap water exceeds the action level described on page 16-14 in the HUD Guidelines, Chapter 16.

(2) If a tap water sample is collected by a lead paint risk assessor pursuant to §H(1) of this regulation, the lead paint risk assessor shall perform the tap water sampling in accordance with the requirements under Regulation .07G of this chapter.

I. A lead paint risk assessor may perform additional environmental sampling of a secondary source:

(1) With the permission of the caregiver or pregnant woman;

(2) If identified as a potential source of lead exposure by the lead paint risk assessor;

(3) To determine if the lead content in the secondary source meets the definition of a lead hazard under Regulation .02B of this chapter; and

(4) In accordance with the requirements under Regulation .07H of this chapter.

J. A lead paint risk assessor shall interpret the results of environmental sampling performed during an environmental investigation.

Md. Code Regs. 26.16.08.06

Regulation .06 adopted effective 47:13 Md. R. 643, eff. 7/1/2020