N.H. Admin. Code § He-P 1609.02

Current through Register No. 45, November 7, 2024

Section He-P 1609.02 - Abatement Methods

(a) One or more of the following lead hazard reduction techniques shall be used on lead-based substances to meet abatement standards:

(1) Removal of lead-based substances by:

a. Removal and replacement of any component with a component that is free of lead-based substances; or

b. Removal of the surface coating down to the substrate by:

1. Wet sanding;

2. Utilizing non-flammable chemical strippers, which do not contain methylene chloride;

3. Removing the lead containing component for off-site stripping and then reinstalling;

4. Scraping with the aid of a chemical stripper not containing methylene chloride;

5. Misting the surface with water and wet scraping;

6. Controlled low-level heating element, which produces a temperature no greater than 700 degrees Fahrenheit;

7. Machine sanding, planing, or abrasive blasting using a tool equipped with a HEPA local vacuum exhaust sized to match the tool so that no visible dust or release of air occurs outside the shroud or containment system;

8. Dry scraping within 6 inches of an area that would present an electrical hazard if other methods were used; or

9. Any other method approved by the department through a variance in accordance with He-P 1605.03;

(2) Application of an encapsulant product that is:

a. Approved in accordance with He-P 1609.03(a);

b. Used only on those surfaces specified by the manufacturer; and

c. Applied in accordance with the manufacturer's instructions;

(3) Enclosure of the surface to ensure that no lead containing surface remains by:

a. First labeling the surface to be enclosed with a warning, "Danger: Lead-Based Paint" written in permanent ink with lettering no less than one inch high horizontally and vertically approximately every 16 square feet on large components, such as walls and floors, and every 4 linear feet on smaller components, such as baseboards;

b. Securely fastening and affixing all junctions of floors, walls, ceilings, and other joined surfaces by fastening with nails, screws, or an adhesive recommended by the manufacturer for the covering so that the covering remains in place and the physical integrity of the covering remains intact to prevent removal, and then caulking and sealing all seams;

c. Covering floor surfaces with ceramic tile, wood, stone, or similar durable material intended for use as flooring;

d. Covering floor surfaces with a rigid, durable material intended for use as an underlayment prior to the installation of wall to wall carpeting, vinyl flooring, or similar material intended for use as flooring;

e. Covering all other interior surfaces with wood, vinyl, aluminum, plastic, or similar durable materials, except that vinyl wallpaper and plastic sheeting shall not be allowed;

f. Covering walls or ceiling surfaces with gypsum board, fiberglass mats, vinyl wall coverings, formica, tile, paneling, or other material that does not tear, chip, or peel;

g. Enclosing exterior surfaces with aluminum, vinyl siding, wood, concrete, or similar durable material after covering with breathable building wrap; and

h. Enclosing exterior trim with aluminum or vinyl coil stock; and

(4) Permanent fastening of window sashes to eliminate friction surfaces if not otherwise prohibited by any state laws, rules, or local ordinances for health, building, and fire safety.

(b) The materials used in (a)(3) above shall:

(1) Comply with all state laws, rules, or local ordinances for health, building, and fire safety; and

(2) Only be used in places that the manufacturer intended them to be used.

(c) The following methods shall be prohibited when performing lead-based substance abatement:

(1) Dry scraping or sanding except as allowed by He-P 1609.02(a)(1)b.8. above;

(2) Dry sweeping of lead contaminated areas or surfaces;

(3) Dry abrasive blasting using sand, grit, or any other particulate without a HEPA local vacuum exhaust tool;

(4) Utilizing mechanical sanding, planning, grinding, or other removal equipment without a HEPA local vacuum exhaust tool;

(5) Torch or open-flame burning;

(6) Propane-fueled heat grids;

(7) Heating elements operating above 700 degrees Fahrenheit;

(8) Uncontained hydroblasting or high-pressure wash;

(9) Use of methylene chloride or solutions containing methylene chloride in interior work areas; and

(10) Encapsulants that have not been approved under He-P 1609.03(a).

(d) The following precautions shall be used when conducting lead-based substance removal on properties listed in or determined eligible for the National Register of Historic Places and the New Hampshire State Register of Historic Places found at www.nh.gov/nhdhr/programs/state_register.html:

(1) When an orbital sander with a HEPA local vacuum exhaust sized to match the tool is used, such device shall be used only as a finishing or smoothing tool;

(2) When a belt sander with a HEPA local vacuum exhaust sized to match the tool is used, such device shall be used only on flat surfaces; and

(3) When abrasive blasting with a HEPA local vacuum exhaust sized to match the tool is performed, such method shall only be used on cast and wrought iron, steel, or concrete substrates under the supervision of a professionally qualified art or architectural conservator.

(e) Soil abatement shall occur as follows:

(1) For children's play areas, the contaminated soil shall be completely excavated to a depth of at least 6 inches and replaced with soil containing less than 200 ppm lead, or completely enclosed with asphalt or concrete;

(2) For areas of contaminated bare soil other than children's play areas lead soil abatement shall occur as follows:

a. The contaminated soil shall be completely excavated to a depth of at least 6 inches and replaced with 6 inches of soil containing less than 200 ppm lead;

b. When the soil below 2 inches from the surface has been found to contain lead below 1,200 ppm, the contaminated soil shall be excavated to a depth of at least 2 inches, and the excavated soil replaced with 2 inches of soil containing less than 200 ppm lead;

c. When the soil below 4 inches from the surface has been found to contain lead below 1,200 ppm, the contaminated soil shall be excavated to a depth of at least 4 inches, and the excavated soil replaced with 4 inches of soil containing less than 200 ppm lead; or

d. The contaminated soil shall be completely enclosed with asphalt or concrete;

(3) As an alternative to replacement soil, the excavated soils may be replaced at the same depth with crushed stone, gravel, or similar material intended for landscaping uses.

(f) During soil abatement:

(1) Surface run-off and the windblown spread of lead-contaminated soil shall be prevented by either:

a. Keeping bare soil wet during the entire period of abatement; or

b. Temporarily covering exposed sites with sheeting used in barrier and containment systems and secured in place at all edges and seams;

(2) Soil removal activities shall not be conducted when:

a. The constant wind speed exceeds 20 miles per hour; or

b. It is raining in such a manner as to create surface run-off of contaminated soil; and

(3) All contaminated soil shall be disposed of in accordance with He-P 1608.11(e) and (f).

(g) When soil lead levels are equal to or greater than 5,000 ppm, interim controls shall not be used and abatement shall occur following (e) and (f) above.

N.H. Admin. Code § He-P 1609.02

#5920, eff 1-1-95; amd by #6096, eff 9-22-95; ss by #7181, eff 12-24-99; ss by #7495, eff 5-23-01; ss by #8039, eff 2-13-04; ss by #8932, eff 7-6-07; ss by #9986, eff 9-1-11 (from He-P 1605.08 )

Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13052, Effective 6/11/2020, Expires 6/11/2030