N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 67-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 67-2.4 - Sampling for lead

(a) Paint or other similar surface coating that is peeling, cracking, blistering, flaking, chipping or powdering or is on an accessible mouthable surfaces may be sampled for lead by the following methods:

(1) At least on gram of paint or other surface coating should be collected from each surface for approved laboratory analysis;

(2) A portable X-ray florescence analyzer may be used to determine the presence of lead paint. In conducting sampling by X-ray floresence the following determinations shall apply:

(i) Where substrate correction readings are obtained, a mean reading of 1.6 milligram of lead per square centimeter or greater shall be considered as satisfactory evidence of lead paint. A mean, substrate corrected reading of less than 1.6 milligram of lead per square centimeter but more than 0.4 milligrams of lead per square centimeter shall be considered as inconclusive and in such case a sample, as described in paragraph (1) of this subdivision may be obtained. A mean substrate corrected reading of less than 0.4 milligrams of lead per square centimeter shall be considered as negitive for lead paint.

(ii) If substrate corrected readings cannot be obtained, a mean, uncorrected reading of greater than 2.0 milligrams of lead per square centimeter shall be considered as satisfactory evidence of lead paint. A mean reading of 2.0 milligrams of lead per square centimeter or less shall be considered as inconclusive and in such cases a sample, as described in paragraph (1) of this subdivision, may be obtained.

(b) Any samples of painted surfaces, paint, water, dust, soil, food, consumer products and other potential lead sources collected during an environmental investigation must be analyzed by an approved laboratory as specified by the commissioner. The sample results may be used to evaluate possible sources of lead exposure.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 67-2.4